Pacific Grove City Council
January 17, 2024

CITY COUNCIL

AMENDED ERRATA SHEET

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
FROM: Sandra Kandell, City Clerk/DEI Coordinator
MEETING DATE: 01/17/2024
SUBJECT: City Council Meeting Agenda- Errata Sheet
Attached is additional information for your consideration at the January 17, 2024, City Council Meeting:

Agenda Item Information Provided/Corrected

9C Attachment 1 did not show redlined changes. (See redlined version attached.) 5B Corrected December 6, 2023 minutes.  (See corrected pages attached.) 9A Redacted AEHOP Carmelita Garcia Application inadvertently unattached to original packet. (See attached.)
11A Combined further correspondence relative to appeal. (See attached.) 11B Combined further correspondence relative to appeal.  (See attached.) Attachments
Redline Version
Corrected Minutes
AEHOP Garcia Redacted App
11A Additional Correspondence
11B Additional Correspondence

BOARDS, COMMITTEES AND COMMISSIONS

HANDBOOK

CITY OF PACIFIC GROVE
OCTOBER 21, 2020
JANUARY 17, 2024
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2 Contents

1. Introduction .............................................................................................................................................. 3

2. Committees............................................................................................................................................... 4

3. Committee Membership........................................................................................................................... 5

4. Role of Committees................................................................................................................................... 7

5. Role of Committee Members.................................................................................................................... 9

6. Committee Meetings..............................................................................................................................11

7. Actions taken by Committees.................................................................................................................18

8. Compliance with Federal, State and Municipal Laws.............................................................................20

9. Reference Materials................................................................................................................................21 Appendix A – Motions................................................................................................................................. 22 Appendix B– Voting.....................................................................................................................................25

1. Introduction ..............................................................................................................................................3

2. Committees...............................................................................................................................................4

3. Committee Membership...........................................................................................................................5

4. Role of Committees...................................................................................................................................7

5. Individual Roles.......................................................................................................................................10

6. Committee Meetings..............................................................................................................................13

7. Actions taken by Committees.................................................................................................................22

8. Compliance with Federal, State and Municipal Laws.............................................................................25

9. Reference Materials................................................................................................................................27 Appendix A – Teleconference Attendance ................................................................................................. 28 Appendix B – Motions................................................................................................................................. 31 Appendix C– Voting.....................................................................................................................................34 Appendix D – Training................................................................................................................................. 36 3 1. Introduction
The City of Pacific Grove’s (City) boards, committees and commissions (Committees) serve vital roles toin support of a well-functioning localcity government. alongside City Council, Management and Staff.

The better committees function, the better localcity government can serve the needs of its residents. and businesses. It is towards this end that this handbook has beenwas prepared.

The scope of Committee responsibilities, procedures, and applicable laws is wide. It would be impractical to include all relevant material in one document. Therefore, this document is intended to provide: (1) a brief overview of key subject areas and (2) reference more in-depth materials on specific subjects.

General communication and interpersonal skills promoting good civil discourse and decision-making are, of course, extremely helpful for any well-functioning committee. However, broad subjects such as these are beyond the scope of this handbook.

This handbook is intended to help Committee members better understand their roles and responsibilities, governing regulations, and meeting protocol for effective decision-making.

Current and past committee members have given generously of their time and talents for the benefit of all residents. Their contributions to Pacific Grove are gratefully acknowledged.

Bill Peake, Mayor
Heidi A. Quinn, Assistant City Attorney
4 2. Committees
Committees formed through the City’s Charter are:
• Planning Commission
• Library Board
• Museum Board
• Recreation Board

These are referred to as Charter Committees. A vote of the people is required to change the City Charter.

Committees established by the Pacific Grove Municipal Code (PGMC) are:
• Architectural Review Board
• Beautification and Natural Resources Commission
• Economic Development Commission
• Golf Links Advisory Commission
• Historic Resources Committee
• Task Force on Diversity, Equity, and Inclusion
• Traffic Safety Commission
A City Council ordinance is required to change the PGMC.

Many other City Committees, and Improvement Districts, exist but are not listed above. While basic Committee responsibilities and regulations apply, their nature differs in one or more significant ways. To simplify the handbook, rules and processes specific to those Committees are not set forth, including:

• Ad hoc, standing, City Council and City Manager subcommittees. An example is the Site Review Committee. See the PGMC and City Council Policy 000-5 governing such Committees. • The Administrative Enforcement Hearing Officer Panel established by PGMC Chapter§ 3.30. Its procedures are further described in PGMC Chapter§ 1.19, Municipal Code and Ordinance Enforcement.
• The Downtown Pacific Grove Business Improvement District (BID) Advisory Board established by City Council Resolution 07-042, September 19, 2007 (See link to this resolution on the BID webpage). Rules governing this advisory board can also be found in PGMC Chapter§ 6.50. • The Pacific Grove Hospitality Improvement District (HID) Advisory Board established by City Council Resolution 07-044, November 7, 2007 (See link to this resolution on the HID webpage).

The HID is described in PGMC Chapter§ 6.54. Additional HID documentation can be obtained on the City’s website. (See City Council resolutions 18-015 and 18-047.) .).
• The Cultural Arts Commission. (PGMC Chapter 3.28)
5 3. Committee Membership
Committee Member Selection Process
Committee members are appointed by the Mayor in January of each year, subject to confirmation by City Council at a public meeting (Charter Article 26; Policy 000-5). Vacancies created mid-term are filled in the same manner.

Committee Member Qualifications
Residency requirements for appointed committee members are described in Charter Article 26 and Council Policy 000-5. However, residency exceptions may beare made for the Architectural Review Board, Economic Development Commission, and the Golf Links Advisory CommissionTask Force on Diversity, Equity, and Inclusion.

Members shall not hold any paid office or employment in the City government or be a member of any other Charter Committee (Charter Article 26).

Additional member qualifications are set forth in the PGMC, including:
• Architectural Review Board - PGMC § 23.70
• Beautification and Natural Resources Commission - PGMC § 3.24 • Economic Development Commission - PGMC § 3.40
• Golf Links Advisory Commission - PGMC § 3.42
• Historic Resources Committee - PGMC § 23.76
• Traffic Safety Commission - PGMC § 16.08
• Task Force on Diversity, Equity, and Inclusion - PGMC § 3.46 How to Apply
Application forms for Committee appointments are available from the City Clerk and can be obtained from the City website. Applicant Applicants contact information is not made public, but all other information including qualifications areis disclosable.

Upon Joining the Committee
New Committee members, before assuming their responsibilities, must take an oath of office as described in the California State Constitution Article XX, Sec. 3. (See also Govt. Code § 1360; Charter Article 318). Oaths are typically administered by the City Clerk but also may be administered by the Mayor and City Manager.

Select Committee members, designated in the City’s Conflict of Interest Code, are required to submit a Statement of Economic Interests (FPPC Form 700) to the City Clerk within 30 days after assuming office, annually and upon leaving office. (See PGMC § 2.40)
New Committee members must participate in Government Code § 53235 (AB 1234) ethics training, within 12 months of appointment and every two years thereafter. New members must complete sexual harassment prevention training (AB 1825) within six months of appointment, and every two years 6 thereafter. This training is available from many sources, and compliance sessions are also provided by the Office of the City Attorney.

Terms of Office
Committee terms begin February 1st except when filling a seat vacated mid-term. Terms end January 31 of the designated year.

Charter Committee appointments are four-year terms, unless earlier removal is warranted or there is a mid-term vacancy. A limit of three consecutive full terms shall apply (Charter Article 26). Member terms are staggered if practical (PGMC § 3.02.050).

For all other Committees, terms are limited to two years, with staggered terms if practical. Committee members may not be reappointed to a new term if reappointment would result in continuous service for more than eight consecutive years (Council Policy 000-5).

Removal from Office
Further, all Committee members serve at the pleasure of the Council. The Council, by an affirmative vote of four of its members, may remove any Committee member at any time during the member’s term of office (Charter Article 26). Possible reasons for removal include but are not limited to: excessive absences, verbally or physically abusive behavior, violations of ethics, violations of Council policies, conflicts of interest, among other causes.

Leaving Office
Committee members may resign at any time. Sixty (60) days’ notice is suggested to enable a replacement to be identified and appointed without causing a gap in Committee membership. Each Committee member must file an FPPC Form 700 Leaving Office Statement within 30 days of leaving office.
7 4. Role of Committees
All Committees have an advisory role to City Council and the City Manager.. This advisory role is constrained to the Committee’s area of responsibility, as set forth in the PGMC.

A few Committees have areas in which they hold delegated decision-making responsibility by the Municipal Code or by Council. Thus, the Planning Commission grants use permits and variances; similarly, a member of the Administrative Hearing Panel hears appeals of certain code enforcement actions.

The primary function of City Committees, however, is to advise. the City Council. Both informal and formal means of communication may be used, as appropriate, to fulfill this advisory role. Committee recommendations related to City actions may be presented at City Council meetings as individual agenda items (Council Policies 000-5 & 000-6) or action minutes. Recommendations to City Council should always be formal, i.e. by a motion and vote. While advicerecommendations may not always be takenacted upon, Committees have the duty to advise on policies or issues as the law directs.

Committee responsibilities are more specifically set forth in the Charter and the PGMC:
• Planning Commission - Charter Article 26.a. & PGMC § 23.70.080 • Library Board - Charter Article 26.b. & City Council minute action August 17, 2011 (See link to minute action on Library Board webpage)
• Museum Board - Charter Article 26.c. &., PGMC § 3.44 & Resolution, Resolutions 10-071 and 11-072 September 7, 2011 (See link to resolution on Museum Board webpage) • Recreation Board - Charter Article 26.d.
• Architectural Review Board - PGMC § 23.70.060
• Beautification and Natural Resources Commission - PGMC Chapter§ 3.24 • Economic Development Commission - PGMC Chapter§ 3.40
• Golf Links Advisory Commission - PGMC Chapter 3.42
• Historic Resources Committee - PGMC § 23.70.070
• Task Force on Diversity, Equity, and Inclusion – PGMC § 3.46 • Traffic Safety Commission – PGMC § 16.08.040
• Administrative Hearing Panel – PGMC § 3.30
Most Committees function in policy mode, which is a quasi-legislative responsibility. This includes, for example, recommending changes to the PGMC if within the Committee’s jurisdiction.

Committees may also function in a hearing mode, from time to time, which is a quasi-judicial responsibility. This includes granting permits and hearing appeals, pursuant to the PGMC. The latter responsibility requires decisions supported by evidence presented at the hearing, which has been entered into the formal record. Those Committees are:
• Planning Commission
• Architectural Review Board
• Historical Resources Committee
• Beautification and Natural Resources Commission
• Traffic Safety Commission
8 • Administrative Hearing Panel
Committees may also perform additional duties as assigned by Council. Most Committees are distinct and without significant overlap. As a result, a single issue or opportunity is not likely to be addressed by more than one body. TheHowever, responsibilities of some Committees intersect. In such cases, it benefits the Committees to understand the Charter and philosophy of the others to best serve the public on issues of mutual concern.
9 Council policies that also apply to committees are:
• Policy 000-5. Role of Committee Classification; Board, Commission, and Committee Appointments and Procedures
• Policy 000-9 Council Guidelines
• Policy 000-17 Order of Agenda for Council Meetings
• Policy 000-25 Code of Conduct
10 5. Individual Roles
Members
Members
The primary role of all Committee members is to attend meetings and be prepared to discuss and vote on agenda items. If unable to attend a Committeecommittee meeting, a member should notify the Committee Chair as soon as practical.

Officer Elections
At the beginning of the first meeting following February 1 (or at any time the Chairperson is vacant) the Chairperson must be elected by the committee., Charter committees must elect a Chairperson, or Chair, to serve a one-year term at the first meeting in February (PGMC § 3.02.050). This is also the practice of other Committees.

The Committee Chair or, if there is no Chair, the person who calledAt this first meeting following February 1 any committee member may call the meeting to order, will and ask for nominations for the office of Chair. Members of the Committee members may nominate themselves or any other member of the Committee; no second is required. Once nominations are complete, the Chair will close nominations, announce the slate of nominees, and ask for a vote on the nominees in the order of nomination is taken.

Each voting member of the Committee shall have one vote. The nominee receiving votes from a majority of the members in attendance shall be declared the winner. If no member receives a majority, the process shall be repeated, except in the event of a tie between the top two vote-getters, in which case a run-off shall be held. The winner shall assume the office of Chair immediately.

The member nominated as Chair assumes the office of Chair immediately.

Using the same procedure, the new Chair shall secure the election ofconducts nominations and voting for a Vice Chair. The If the Committee may alsodecides to appoint a Secretary, then the Chair shall conduct nominations and voting for a Secretary. The Museum Board must elect a secretary, however, other committees may choose not to do so.

Chairperson
The Chair has responsibility for:
• Presiding over meetings, i.e. meeting protocol and recognizing when others may speak • Setting the agenda
• Calling special meetings (if staff resources are available) • Alerting thecouncil and staff liaisonliaisons of known absences • Signing Committee documents
• Reporting to City Council as approved by the Committee

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11 Appearing before City Council on behalf of the Committee The Chair may only speak on behalf of the committee on a topic that was previously heard by the committee where an action was taken by a vote.

Vice-ChairpersonChair
The Vice-Chair assumes the Chair’s duties in their absence. The Vice-Chair shall succeed the Chair if they vacatethe Chair vacates office before the term is completed and shall serve the unexpired term. A new Vice-Chair shall be elected at the next regular meeting or as soon thereafter as practical.

Secretary
If athe Secretary is appointed by the Committee, the Secretary is responsible for timely completion of meeting minutes, which are forwarded to the Chairperson and City Clerk upon Committee approval.

However, without a Secretary, preparation of minutes may be fulfilled by staffincluded in the agenda packet at the next meeting.

Staff liaison at the request of the Chairassumes responsibility for minutes if the Secretary is unable to do so, or if no Secretary is appointed.

Action minutes, which do not include commentary, are recommended.

Subcommittees
Subcommittees may be appointed by Committee vote to accomplish a specific goal within a given timeframe. Subcommittee membership must be less than athe quorum. Staff of the Committee. When appropriate, staff and public may assist subcommittees but are not members of subcommittees.

Staff LiaisonLiaisons
Staff is assigned to Committees by the Department Head or City Manager to assistfacilitate the Committee in accomplishing its objectives. (Such support does not always translate into attendance at the meetings; written reports or interaction with the Chair prior to the meeting may suffice.) .

Staff is responsible for agenda packet preparation and meeting noticing, i.e. posting agendas. Staff assistsmay assist the Chair with meeting protocol as needed. If requested by the Chair, staff may prepare committee minutes. Staff is responsible for maintaining the Committee’s webpage and ensuring it is up-to-date. Staff may edit the webpage as directed by the Chair, with City management concurrence.

Staff is responsible for posting meeting videos and maintaining the Committee’s webpage and ensuring it is up to date.

Staff is responsible for providing access to the Council Chambers and the capability to conduct meetings with online (remote) public participation, i.e. hybrid meetings. 12 Staff may inform the Committee of relevant City activities, identify issues within the Committee’s purview, provide advice and assist in communications with the Department Head, City Manager, or City Council.

Staff may also acceptconsult with city management regarding work assignments fromsuggested by the Committee given committee. Committees do not have authority to provide staff work direction.

City management or Department Head concurrence.Attorney The City Attorney’s office is available to provide legal counsel to Committees and when present at Committee meetings can assist with protocol.or by email to Brian Pierik at [email protected] .

Council LiaisonLiaisons
Each Committee has a
A Council liaison to a Committee is appointed by the Mayor subject to confirmation by City Council.

The Council liaison may facilitate the Committee in accomplishing it’s objectives through the following:
• provide an informational report including Councilannouncements of City actions or intentand activities
• answer brief questions
• assist the Chair with process or protocol, preferably not during a Committee meetingand city regulations.
• assist Chair as how to best communicate committee actions and recommendations to City Council, preferably not during a Committee meeting. .
• Provide Chair with counsel as needed.

The Council liaison is not a Committee member and must not:
• participate in Committee discussions
• influence Committee decisions
• except in unusual circumstances interrupt the meeting Note that Council liaisons, as Council Members, may later be required to review and act on Committee decisions or recommendations.

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13 6. Committee Meetings
Meeting Types
All Committee meetings are governed by the Ralph M. Brown Act (Brown Act), California Government Code §54950 et seq.

Regular Meetings
Regular meetings shall be held at a regular date, time and place, which may be specified in the PGMC.

Regular meetings may be rescheduled with posting of a cancellation notice and notification of a Special Meeting. Meetings may be cancelled due to a lack of business or if a quorum cannot be obtained.

Meetings may be cancelled by either the Chair or Staff liaison. Reason(s) for cancellation shall be promptly sent to Council liaison, Mayor and City Manager.

Lack of a quorum at a meeting (majority of appointed members) requires meeting cancellation.

Special Meetings
Special meetings are those meetings held outside the regular meeting date and time. Special meetings may be held at any time upon the call of the Chair, a majority of Committee members, or City Council, followed by noticing as required by law. Special meetings may be called to meet deadlines, conduct study sessions or workshops, or when quorum was not met for a regular meeting.

Serial Meetings -– Prohibited
Serial meetings occur when Committee members meet or discuss matters sequentially in pairs or small groups. The combined effect of sequential, or serial, meetings may inappropriately be a meeting of a quorum of Committee members. For example, if a member of a 7-member Committee speaks to more than two other members, it may constitute a serial meeting. Inadvertent use of email, careless use of the “reply all” function, indiscriminate forwarding of messages, forwarding messages without deleting early text histories, continuing discussion from a prior meeting via email are all poor practices that can result in serial meetings. In addition, engaging in a discussion of City business on social media can lead to a serial meeting. Serial meetings are a violation of the Brown Act. Further, Committee members are subject to FPPC investigation in the event complaints are filed.

One-On-One Meetings; Ex Parte Communications
Committee members may meet with constituents individually, in small groups or other informal settings. When the Committee acts on an issue in a quasi-judicial capacity, the member shall report on any such ex parte communications at the beginning of deliberations related to the subject of the decision. Information learned in these separate meetings must be divulged into the hearing record or must be excluded from the basis for considering any quasi-judicial decision. See PGMC § 2.04.090.

Noticing and Venue
Noticing
All Committee meetings shall comply with the Brown Act; Committees shall also follow the noticing protocol set for the City Council in PGMC Chapter §§2.04 and Policy 000-9. 14 Agenda packets for regular and special meetings shall be provided:
• at the Library;
• the outdoor display cabinet at City Hall on Laurel Avenue (agenda only); • on the City’s website calendar; and
• on the Committee webpage.

In addition, if the meeting is held somewhere other than at City Hall, the agenda shall be posted at that facility, in a location accessible by the public.

If a Committee member cannot attend the meeting but wishes to participate via phone from a public location, the member may do so. However, the location must be stated on the agenda, and noticing regulations apply to the additional location. Members may not call in from anywhere other than a fixed location, as published on the agenda. Whenever phone participation is allowed, all voting must be by roll call. Special rules may apply pursuant to State Orders or Directives.

The agenda packet shall be posted a minimum of 72 hours prior to regularly scheduled meetings.

Special meeting agendas shall be posted a minimum of 24 hours prior to the meeting.

Meeting cancellations or meeting continuances shall be posted.

Agenda materials shall be available to the public in attendance at meetings.

Venue
Whenever possible,
Committees shall meet in Council Chambers. AnyThis meeting venue must beis open to the public and must meetmeets Americans with Disabilities Act standards.

Attendance
Members of a Committee shall attend in person unless arrangements are made in advance for attendance by teleconference. The rules for meeting attendance by teleconference are set forth in Appendix A and Government Code Section 54953 which is in effect until January 1, 2026 at which time the Committees will be notified of any changes in procedures for attendance by teleconference.

Note: If a Committee member wishes to attend a meeting by teleconference, then the member should promptly contact the City Clerk who will coordinate with the City Attorney to determine if teleconference attendance is permissible and, if so, the procedure to arrange for teleconference attendance.

Quorum
There is no meeting of the Committee unless a quorum of the Committee is present. If less than a quorum attends, any discussion by that group is characterized as “A Committee of the Whole”, but no record is made of this occurrence, and no decisions can be made.

A quorum consists of a majority of the Committee’s members. For example, on a 6 or 7-member Committee, the quorum is 4. A vacancy reduces the number of voting member positions (See PGMC §§ Formatted: Font: Bold
15 3.02.070, 3.04.080). For example, if a 7-member Committee has 2 vacancies, it has 5 voting member positions, and the quorum is 3.

Agenda
Committee meeting agenda format is the same as for Council agendas. Agenda report examples may be found in City Council Meeting agenda packets. Minutes should use the same format as the meeting agenda.

Establishing the agenda is the Chair’s responsibility with input from staff and other Committee members. Any item within the Committee’s purview may be placed on a future agenda when requested by a Committee member through the Chair. The member shall be responsible for preparing the agenda report or may obtain permission from the City Manager or Department Head to direct staff to prepare the report. Additionally, the City Council may place an item on a Committee’s agenda When an agenda issue arises the Council liaison, Staff liaison, and Chair should meet to resolve it.

A Committee member may request an item be placed on a future Committee agenda and that request must be made only at a Committee meeting and agreed upon by at least two other Committee members at that Committee meeting. The discussion at the Committee meeting will be limited to whether the item should be added to a future Committee agenda and may not include a discussion of the merits of the proposed agenda item. If the item is added to a future Committee agenda, then the Committee member who requested the item shall prepare the Agenda Report with the assistance of the City Manager. The City Council may add items to a future Committee meeting agenda for consideration.

The recommended order of agenda is set forth in Council Policy 000-17 Order of Agenda for Council Meetings, making exceptions where appropriate for Committees.

The agenda must include information adequate to advise the public of the business to be considered.

Agenda reports including:should include:

1. Subject;

2. Author;

3. CEQA analysis;

4. Recommended action;

5. DiscussionWritten discussion of the topic including background information, justification of the recommended action and financial impact.

Although the Brown Act permits agendas without #5, omissiona written discussion, i.e. stating ‘oral report’, this is highlya poor practice and is discouraged.

Unspecified topics such as “miscellaneous” or “new business” are not permissible. New topics raised during public comment, or by any Committee member announcement shall not be discussed at that meeting but may be placed on a future agenda.

Agenda report examples may be found in City Council Meeting agenda packets.

Parliamentary Rules
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16 Committees shall be guided by Robert’s Rules of Order. • Getting the floor. Every member desiring to speak shall address the Chair and, only upon recognition by the Chair, confine contributions to the matter at hand, avoiding all indecorous language and personal attacks.

In general, a member may not interrupt the speaker except for the following reasons:
• Privilege. The proper interruption would be: “Point of privilege.” The Chair would then ask the interrupter to, “State your point.” Appropriate points of privilege relate to anything that would interfere with the normal comfort or amplification of the meeting. For example, the room may be too hot or too cold, or a blowing fan might interfere with a person’s ability to hear. • Order. The proper interruption would be: “Point of order.” Again, the Chair would ask the interrupter to, “State your point.” Appropriate points of order relate to anything that would not be considered appropriate conduct of the meeting; for example, if the Chair moved on to a vote on a motion that permits debate without allowing that discussion or debate. • Appeal. If the Chair makes a ruling that a member of the body disagrees with, that member may appeal the ruling of the Chair, “I appeal the ruling of the Chair.” If the motion is seconded and, after debate, if it passes by a simple majority vote, then the ruling of the Chair is deemed reversed.
• Withdraw a motion. During debate and discussion of a motion, the maker of the motion on the floor, at any time, may interrupt a speaker to withdraw his or her motion from the floor. The motion is immediately deemed withdrawn; and any other member may make the motion, once recognized.

Rules of Testimony
No person or member shall address the Committee without permission of the Chair. (See Council Policy 000-9.) All comments shall be addressed to the Committee as a whole and shall not be addressed to individual members of the Committee, members of the public or staff. All questions shall be placed through the Chair.

It is helpful (though not required) for speakers to state their name in order that the secretary may identify them in the minutes of the meeting. If numerous members of the public wish to speak, and it is known that all represent the same opinion, a spokesperson shouldmay be encouragedallowed to speak for the entire group. The by the Chair may elect towho could provide the spokesperson ten minutes, if it appears time will allow.. The Chair may limit public speakers to three minutes or less depending on the number of speakers and length of agenda.

The Chair may limit public speakers to three minutes (or less if many speakers are present).

In quasi-judicial hearings, an applicant and designated opponent are generally allowed a total of ten minutes and may reserve an opportunity to use some of that time to rebut at the end of public comment.

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17 Consideration and Action on an Agenda Item
The agenda constitutes the Committee’s road map for the meeting. Most agenda items can be handled with the following 4-step process.

1. Presenting Item
a. Opening Item -– The Chair should announce the agenda item number and subject. The Chair should then announce any special procedures to be followed (e.g., if the item is a quasipublic hearing). This is also when members would announce their conflict of interest, if any exists, recuse themselves, and leave the room.
b. Hearing the Report -– The Chair should invite the appropriate people, typically City staff, to report on the item. Verbal presentations should be short, so as to not repeat basic information included in the agenda packet. The Chair may provide an opportunity for committee members to ask any clarifying questions of the person providing the report. This is not preferred as questioning tends to segue into position statements before public input is taken, which is inconsistent with open meeting principles.

2. Asking for Public Input -– The Chair opens the meeting to public input. The Chair may limit speakers time, as described above. A response to public comment, if appropriate, should not be provided until after public comments are finished.

3. Considering the Item—The Chair requests Committee deliberation. Member deliberation would include: questions of the person(s) making the report or others with relevant knowledge, alternatives to the recommendation, additional considerations not previously stated, additional relevant facts and opinions. Time committed to deliberation should be adequate to allow the sense of the Committee to emerge.

4. Deciding – The Committee decides by a motion and voting. (See Appendix EAppendices B Motions and Appendix FC Voting.) For all action items, the Chair should invite a motion from the members. No motion is made if the agenda item is “receive the report”.

For all action items, the Chair should invite a motion from the members. When a motion is made, the Chair should ask for a second. Once a motion is made and seconded, the Chair should allow any additional desired discussion. Questions for clarification of the motion should be heard at this time.

The Chair shall ask the staff liaison for thea vote and publicly report any action taken and the vote or abstentionwho then calls on that action of each member presentand summarizes the result, e.g., the motion passes 4 – 2 -– 1, with Committee members A and B dissenting, and C abstaining.

Once a vote is taken discussion of the item ends.

Meetings versus Hearings
A public meeting is generally defined as a meeting in which business is conducted by a public body. This may or may not include participation by the public. A public hearing is a special type of public meeting for the purpose of the governing body accepting public comment and testimony on local legislation or a quasi-judicial matter.
18 For public hearings, there are a few additional guidelines. (See Council Policy 000-9) After receiving the staff report, the Chair opens the public hearing and accepts testimony in the following order:

1. The applicant or proponent shall be allocated a maximum of 10 minutes to speakspeaks.

2. Opponent shall be allocated a maximum of 10 minutes to respondspeaks.

3. Very brief rebuttalRebuttal and surrebuttal may be allowed, at the sole discretion of the Committee.

4. Public input on the matter, and depending on time available and number of speakers, limited to three minutes each or less

4. Public comment is heard.

The Chair shall then close the public hearing.

The public inputcomment portion of the public hearing may be reopened before voting on the item if a new issue is raised. It is not necessary to re-open a public hearing to ask questions of the project applicant. If the public hearing is reopened, all interested parties may be heard, but the Chair can limit the input to the new issues and can further limit the time per comment.

Courtesy and Decorum
Speakers should first be recognized by the Chair. This ensures that only one person speaks at a time.

Meetings should take place in an environment where members and the public can freely express their views., i.e. with politeness and respect. The Chair should ensure thatencourage discussion focusthat focuses on the item in question, not on personalities of members or the public. or off topic. The Chair must protect the record, protect privacy rights for all participants, and is responsible for maintaining a harassment-free environment.of public to speak at the appropriate time.

The Chair has the right to cut off discussion that is personal or too emotional. The Chair may request a break in such instance.

Discipline
The Committee Chair should enforce Committee rules.

If any person, including Committee members, staff or members of the public violate rules of process or decorum, any member may raise a “Point of order.” After the member describes the concern, the Chair shall either agree and make the appropriate adjustment or shall put the question to the group.

There may be times, however, when even the most experienced and effective Chair cannot prevent the meeting from getting out of hand, due to the actions of one or more individuals. In such situations, the following steps should be followed:

First Occurrence - Chair: States required standard of decorum, asks offending person(s) to adhere to the standard at all times, and ensures a positive response. If the person(s) do not respond positively, states that this is the standard required of all persons present; this is not optional standard.

Second Occurrence (or continuation) - Chair: Reminds offending person(s) that they have been: 1) informed of the required decorum; and 2) asked to adhere. Warns person(s) that, if such behavior continues, the Chair will request the Council Liaison/Staff/Vice-Chair to take all appropriate actions, including calling the Police (9-1-1).

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19 Third Occurrence (or continuation):

A. If presence of individual(s) alone is not disruptive. Council Liaison/Staff/Vice-Chair:

Informs offending person(s) that they may remain in the chambers only if they do not speak or otherwise act. Any overt conduct will result in their removal by Police. The individual must acknowledge and agree to this requirement. If there is no agreement, proceed to B, below.

B. If continued presence of individual(s) is disruptive. Council Liaison/Staff/Vice-Chair addresses individual: Sir/Madam - You have a right to express your beliefs, but your actions and conduct are substantially and unlawfully interfering with this public meeting. You have been warned [two] times by this Chair. You have been asked to stop. You are warned that the Police will be contacted if you continue your actions.

I must inform you that willful disturbance of this meeting is a basis for criminal prosecution under Penal Code § 403. I must further inform you that threats or intimidation that willfully hinders this assembly is a basis for criminal prosecution under Elections Code § 18340.

Option A (allowed to stay). Your continued presence in this chamber will be disruptive if you make sounds or demonstrate other behavior. Do you agree to cease and desist making any and all disruptive sounds or behaviors during this meeting?

Yes or No? [Please state your name for the record.]

Any conduct or action by you other than observing these proceedings shall result in your removal.

Option B (immediate expulsion). Your continued presence in this chamber is disruptive and you must leave immediately. If you do not leave, this meeting will be temporarily disrupted and adjourned. Your presence constitutes a continuing threat. Your decision to remain in this chamber is an act of intimidation. It will hinder this assembly.

For these reasons, I am now required to request law enforcement intervention.

Chair: Calls 10-minute recess
Pursuant to Government Code § 54954.3 I, the Chair shall not prohibit public criticism of the policies, procedures, programs, or services of the city, or of the acts or omissions of the committee.

A member’s use of electronic communication devices during a meeting may lead to the public’s perception that the member is not paying attention to or receiving private information. For these reasons a member’s use of electronic communication devices (i.e., cell phones, tablets, laptop computers), other than for the purpose of (1) accessing agenda materials, (2) facilitating ADA access, (3) using teleconferencing software or (4) an emergency is prohibited.

Disruption of Meetings

1. Disruption by a Group of Persons
20 Pursuant to Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a group or groups of persons so as to render the orderly conduct of such meeting unfeasible, and order cannot be restored by the removal of individuals who are willfully interrupting the meeting, the Chair may order the meeting room cleared and continue in session. Only matters appearing on the agenda may be considered in such a session. Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session held pursuant to this Section.

After the meeting room has been cleared, the Chair may readmit an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.

2. Disruption by an Individual Person
Pursuant to Government Code § 54957.95, the Chair may cause the removal of any individual for disrupting the meeting subject to the following rules:
1) Prior to removing an individual, the Chair shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior may result in their removal. (2) The Chair may then cause the removal of the individual if they do not promptly cease their disruptive behavior.
(3) “Disrupting” means engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting and includes, but is not limited to, one of the following: (A) A failure to comply with reasonable and lawful regulations adopted by a legislative body pursuant to § 54954.3 or any other law. (B) Engaging in behavior that constitutes use of force or a true threat of force. (4) “True threat of force” means a threat that has sufficient indicia of intent and seriousness, that a reasonable observer would perceive it to be an actual threat to use force by the person making the threat.
(5) If there has been a use of force or a true threat of force, there is no obligation for the Chair to provide a warning to the individual before causing the individual to be removed from the meeting.

Note: if, at any point in this process, any Committee member (or staff or Council liaison) is concerned about personal safety of himself or any other member, they should state a prearranged key word or phrase, all members should immediately arise and leave the room, and someone should call 9-1-1.

Public Records
Materials provided to Committee members at a public meeting must be made available for inspection and copyingreproduction by the public. Exemptions from disclosure apply, but are narrowly applied (attorney/client, drafts, pending litigation, personnel files).

Members should avoid the use of electronic devices during meetings as such communications,Communications by Committee members through social media posts, emails and text messages may be subject to the City’s Retention Schedule and are disclosable under the Public Records Act. (Council Policy 000-9).
21 Committee meetings shall be recorded. Current practice is to record via audio media, however, video recordings may also be taken. Recordings shall be kept by staff or designee. The recording and minutes are retained in accord with the City Records Retention Schedule, Council Policy 000-19 and are available online.

Committee minutes format is the same as for the agenda, i.e., consistent with Council minutes format.

Minutes are ordinarilymay be limited to a report of actions taken at the meeting. For example, such “action minutes” typically include findings or a reference to the findings for quasi-judicial actions, and any appropriate attachments, and shall note either unanimity orinclude a record of the vote for all actions. The draft minutes of all meetings shall be included in the next agenda packet for acceptance by the Committee. Authorized minutes are signed by the Chair and shall be filed with the City Clerk for inclusion in the packet of the next City Council meeting.

Adjournment
The Chair adjourns the meeting after all agenda items are completed. No vote is taken. In the event there is insufficient time to hear all items the Committee wishes tomay adjourn its meeting to a certain hour on another day, a
. A specific date, time and place shall be set by the Committee, as part of the motion to adjourn. 22 7. Actions taken by Committees
Committees may perform an action in different ways. Most commonly, formal action is taken by establishing a quorum, consideration of a motion and voting. Most actions require a vote by a majority of the body.appointed members unless a super-majority vote is required.

Informal actions
Informal actions (i.e. no vote required) generally take the form of the Chair giving direction after input from other Committee members. Informal actions would include suggesting to or requesting information from staff. Another example is suggesting that a Committee member report on a future agenda topic.

Formal actions
All formal actions must be listed in the agenda and require a motion and a vote in the affirmative. • Formal actions include approving the agenda
• Recommendations and requests to City Manager
• Recommendations and requests to City Council
• Creation of a Subcommittee
• Continuing an agenda item to a future date
• Permit approval
• Appeals
Motions
Motions are the vehicles for decision making, i.e. taking formal actions. As indicated above, a motion should be introduced on a matter after general information is shared, options have been identified, and members share their opinions and seek to persuade. The Chair shall ensure that all motions are clearly stated and commonly understood before allowing further deliberations and voting.

See Appendix A–B - Motions.

Voting
- See Appendix B - Voting.C
Deciding to Move on
Items may be continued by a Committee vote to a continuation (or subsequent) meeting time for the following types of reasons:
• The Committee requires additional information during the meeting. • New information or issues come to light during the meeting that need further study. • Other reasons deemed appropriate and substantial by the Committee.

In addition, a Committee that has been delegated authority to act on submitted applicationshearing (e.g., ARB, HRC, NRCBNRC, TSC, and Planning Commission) may continue an item when:

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23 • The applicant cannot appear at the meeting and has requested that the item be continued. • The application is revised by the applicant during the meeting. • The Committee requests that the application be revised.

When Action Is Necessary
In certain circumstances—a permit application, for example— the lack of any action is not acceptable (e.g., an application must ultimately be approved or denied) due to deadlines imposed by the Permit Streamlining Act, the Federal Communications Commission or other laws. There are three primary options here:

1. Continuing the item. This is often undertaken if one or more members of the body are absent or if new information can be developed. Continuance can also provide the applicant with time to consider options, develop a project more likely to receive approval, etc. Continuance ordinarily is undertaken with concurrence of the applicant, but concurrence is not required.

2. Technically denying the application. This option is based on the philosophy that, for a project that has been proposed, approval requires a majority of members to vote in favor. Anything less than the required majority is thus considered a denial. One option under “technical denial” is to allow any applicant or other party to appeal the matter (assuming an appeal would otherwise have been available) on the grounds that the matter was “deemed denied.” This option avoids the need for the body to take further action (e.g., if the body is unable to achieve a majority vote to forward the matter to the next higher body). )

3. Denying the application without prejudice. This option may, in some situations, require at least one member of the body to switch their vote, in order to vote to deny for procedural reasons only. Such reasons should be stated in the motion, so the record is clear. It allows the applicant to either: a) appeal to the next higher body; or b) resubmit the same project or a modified project reflecting Committee or City input, without paying fees, waiting a minimum number of months, etc. (such a delay could be for any number of possible reasons, including awaiting turnover on the Committee). This option is in addition to the provisions exclusively for the Planning Commission detailed in PGMC Section §§23.70.080.

See Council Policy 000-9 Council Guidelines for details concerning the procedure for hearings.

Appeals and Call-Ups
The decisions of certain Committees may be appealed or called up as set forth in PGMC Chapter §§23.74 and Table 23.70.012-1. For example, decisions of the Site Plan Review Committee and the Architectural Review Board may be appealed to the Planning Commission. Decisions of the Architectural Review Board and the Planning Commission may be appealed to Council.

Similarly, the Council may call up for review any decision of the Planning Commission or any other review authority and make its own de novo decision on the action or matter. The Architectural Review Board and Planning Commission also have the authority to call up certain actions of review bodies over Formatted: List Paragraph
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24 which they have appeal authority. Call-ups require a vote or three members of the body. See Table

23.70.012-1 for more details as to the review authorities.

See Council Policy 000-9 Council Guidelines for details concerning the procedure for appeals. Formatted: No Spacing 25 8. Compliance with Federal, State and Municipal Laws Committee members are representatives of the City and have a duty to represent the City to the best of their ability, and to take those actions that the member believes are for the benefit of the City as a whole.

Members are expected to comply with all applicable federal, state and municipal laws as applied to their Committee responsibilities.

Committee members have the following ethical duties.
 Duty of Loyalty:

Committee members have an absolute obligation to put the public’s interest before their own direct or indirect personal interests. Members breach this obligation when they benefit at the public expense. Prohibited benefits can be financial (such as participating in decisions that favorably impact a member’s business, property, or investments), career-related (such as using public office and/or public resources to obtain future employment or political position), or personal such as benefits to family members or close associates. Conflict of interest requires recusal.
 Duty of Due Diligence
The duty of care requires that the Committee member competently and faithfully execute the duties of the office. Examples of breach of this duty include failure to attend meetings, failure to investigate, failure to engage in the deliberative process, and failure to vote.  Duty to Avoid Bias
Committee members have a duty to represent all of their constituents fairly. This means that they must overcome any inherent bias that they possess.

Each member shall complete the required AB 1234 ethics training and sexual harassment prevention training at least biannually and notify the City Clerk upon completion.

Each member shall file with the City Clerk on a timely basis all appropriate Fair Political Practices Commission (FPPC Form 700) reports. which can be obtained online or through the City Clerk. The City’s Conflict of Interest Code can be found at PGMC Chapter §2.40.

Committee members are also expected to participate in additional trainings offered by the City in the Brown Act, Attorney-client Privilege, Parliamentary Procedure, Ethics Laws, CEQA, and the Public Records Act. The City Attorney or City Clerk can provide additional information on these topics.

Each member shall complete required AB 1234 ethics training in a reasonable time upon appointment and repeat this training at least biannually. The City Clerk should be notified upon completion. See Appendix D – Training for more information.

Each member shall also complete sexual harassment prevention training in a reasonable time upon appointment. The state mandate for local agency official sexual harassment prevention training is commonly referred to as “AB 1661” training. A “local agency official” must receive at least two hours of sexual harassment prevention training within the first six months of taking office, and every two years Formatted: No underline
26 thereafter, if the City provides any type of compensation, salary, or stipend to a local agency official of the City. (Cal.Gov.Code § 53237.1.) “Local agency official” means any member of a local agency (which includes a City) legislative body and any elected local agency official. (Cal.Gov.Code § 53237). 27 9. Reference Materials
Committees perform best when Committee members are knowledgeable in their area of responsibility.

Thus, members are encouraged to become familiar with pertinent materials, which may be found on the Committees’ webpage and departmental webpages.

Specific examples are listedExamples below.
• Planning Commission – General Plan, PGMC, Local Coastal Plan, Housing Element • Library Board - City Council Policy 200-6 ‘Library Policies’ • Museum Board – Pacific Grove Museum of Natural History Operating and Lease Agreement, https://www.pointpinoslighthouse.org/
• Recreation Board – City Council Policy 900-1 ‘Special Events’, City Council Policy 200-3 ‘Municipal Tennis Program’, City Council Policy 100-8 ‘Municipal Softball Park Rules, Regulations & Improvements’
• Architectural Review Board – General Plan, PGMC Titles 12, 23, 24, Architectural Review Guidelines for Single-Family Residences
• Beautification and Natural Resources Commission – Urban Forestry Standards (2012), Landscape Guidelines and Plant Palette (2016), Urban Greening Plan (2016), City Council Policy 900-3 ‘Acceptance of Art Donations’
• Golf Links AdvisoryEconomic Development Commission – Pacific Grove Golf Links Leasehttps://pickpg.org/ • Historic Resources Committee – General Plan, PGMC Chapters §23.70.070 and 23.76, City of Pacific Grove Historic Context Statement, The Secretary of the Interior’s Standards for the Treatment of Historic Properties, Historic Resources Inventory. Library Board - City Council Policy 200-6 ‘Library Policies’
• Museum Board – Pacific Grove Museum of Natural History Operating and Lease Agreement, https://www.pointpinoslighthouse.org/
• Planning Commission – General Plan, PGMC, Local Coastal Plan, Housing Element • Recreation Board – City Council Policy 900-1 ‘Special Events’, City Council Policy 200-3 ‘Municipal Tennis Program’, City Council Policy 100-8 ‘Municipal Softball Park Rules, Regulations & Improvements’
28 Appendix A – Teleconference Attendance
If and when a Committee member wishes to attend a meeting by teleconference, then the Committee member should contact, as soon as possible, the City Clerk, Staff Liaison or Council Liaison who can consult with City Attorney if necessary. The rules for teleconference attendance at a Committee meeting by a member of the Committee are set forth in Government Code Section 54953 which specifies three types of teleconference attendance.

1. Traditional Teleconference - Government Code Section 54953 (b) Here are the rules which apply to traditional teleconferencing:
(1) All votes taken during a teleconferenced meeting shall be by rollcall. (2) The teleconferenced meetings shall be conducted in a manner that protects the statutory and constitutional rights of the parties or the public appearing before the legislative body of a local agency.
(3) The legislative body shall give notice of the meeting and post agendas as otherwise required by this chapter.
(4) The legislative body shall allow members of the public to access the meeting and the agenda shall provide an opportunity for members of the public to address the legislative body directly pursuant to § 54954.3.
(5) If the legislative body of a local agency elects to use teleconferencing, it shall post agendas at all teleconference locations.
(6) Each teleconference location shall be identified in the notice and agenda of the meeting or proceeding,
(7) Each teleconference location shall be accessible to the public. (8) During the teleconference, at least a quorum of the members of the legislative body shall participate from locations within the boundaries of the territory over which the local agency exercises jurisdiction

2. Teleconference Attendance During a Proclaimed State of Emergency - Government Code Section 54953 (e)
See Government Code Section 54953 (e) which describes the rules that apply to teleconference during a proclaimed state of emergency. This is the type of teleconferencing that was utilized during the COVID proclaimed state of emergency.

Some of the key points to note for teleconference attendance at a meeting during a proclaimed state of emergency include:
29 (1) There must be a proclaimed state of emergency
(2) Notice must be given to the public how to offer public comment remotely in real time (3) If a disruption of the call-in or internet connection, then no further action may be taken on items on the agenda
(4) If a timed public comment period, then public comment must remain open until the timed public comment period has elapsed.
(5) Every 45 days after teleconferencing for the first time, the legislative body must take a vote to allow for continued use of this teleconferencing method. (6) The legislative body is not required to provide a physical location from which the public may attend or comment.

3. Teleconference Attendance Authorized by AB 2449 – Government Code Section 54953 (f) Teleconferencing with Section 54953 (f) is permitted when there are “emergency circumstances” or “just cause” which are defined as follows:
(1) “Emergency circumstances” means a physical or family medical emergency that prevents a member from attending in person.
(2) “Just cause” means any of the following:
(A) A childcare or caregiving need of a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner that requires them to participate remotely. “Child,” “parent,” “grandparent,” “grandchild,” and “sibling” have the same meaning as those terms do in Section 12945.2. (B) A contagious illness that prevents a member from attending in person. (C) A need related to a physical or mental disability as defined in Sections 12926 and 12926.1 not otherwise accommodated by subdivision (g).
(D) Travel while on official business of the legislative body or another state or local agency.

Some of the key points for teleconference attendance based on AB 2449 include the following:
(1) At least a quorum of the members of the legislative body must participate in person from a singular physical location clearly identified on the agenda which location shall be open to the public
(2) The teleconference location where the member is present does not need to be available for attendance by the public.
(3) The legislative body must give notice of the means by which members of the public may access the meeting and offer public comment including comment remotely in real time. 30 (4) If a disruption of the call-in or internet connection, then no further action may be taken on items on the agenda
(5) “Just Cause”: The member must notify the legislative body at the earliest opportunity possible, including at the start of a regular meeting, of their need to participate remotely for just cause, including a general description of the circumstances relating to their need to appear remotely at the given meeting. The provisions of this clause shall not be used by any member of the legislative body for more than two meetings per calendar year.
(6) “Emergency Circumstances”: The member must request the legislative body to allow them to participate in the meeting remotely due to emergency circumstances and the legislative body takes action to approve the request. The legislative body shall request a general description of the circumstances relating to their need to appear remotely at the given meeting. A general description of an item generally need not exceed 20 words and shall not require the member to disclose any medical diagnosis or disability, or any personal medical information that is already exempt under existing law.

Note: The procedure for the legislative body to take action to approve (or deny) the request would be a motion at the beginning of the by a Committee member to approve (or deny) the request by the member to attend the meeting by teleconference, followed by a second and a vote by the Committee members. If the Motion is denied, the Committee member can still attend the meeting, but only as an observer and should not speak during the meeting.
(7) A member shall make a request to participate remotely at a meeting as soon as possible. (8) The member shall make a separate request for each meeting in which they seek to participate remotely.
(9) The legislative body may take action on a request to participate remotely at the earliest opportunity. If the request does not allow sufficient time to place proposed action on such a request on the posted agenda for the meeting for which the request is made, the legislative body may take action at the beginning of the meeting in accordance with paragraph (4) of subdivision (b) of Section 54954.2. (10) The member shall publicly disclose at the meeting before any action is taken, whether any other individuals 18 years of age or older are present in the room at the remote location with the member, and the general nature of the member's relationship with any such individuals. (11) There is a limitation on teleconferencing with AB 2449 in that such attendance may be no more than three consecutive months or 20 percent of the regular meetings for the local agency within a calendar year, or more than two meetings if the legislative body regularly meets fewer than 10 times per calendar year.
31 Appendix B – Motions
The Chair usually initiates a motion by:

1. Inviting a member to make a motion: ‘‘A motion at this time would be in order;”

2. Suggesting a motion: ‘‘A motion would be in order that we approve and forward to the Council the annual report, as drafted;” or

3. Making the motion.

Once recognized, a member makes a motion by preceding the member’s desired approach with the words: “I move ...”. A typical motion might be: “I move that we accept the staff recommendation that...” Often, a member will prefer a variant of the motion on the floor. They can ask the maker and seconder if they are willing to reword their motion. If they agree, the motion is so amended.

If one or both is not amenable to the suggested rewording, a member may propose an amendment or wait until after the vote on the original motion and propose a different motion. Up to three principle motions—the basic motion and two amendments— may be considered at one time – in reverse order:

1. The basic motion. The basic motion proposes a decision for consideration. A basic motion might be: “I move that we create a two-member Committee to study this matter in depth.”

2. The motion to amend. A motion to amend proposes to change the basic motion under discussion. A motion to amend might be: “I move that the Committee focus on just two primary options.”

3. The motion to amend an amendment. A motion to amend an amendment proposes a further change to the motions under discussion. A motion to amend the amendment might be: “I move that one of the options for the Committee to analyze be to prohibit murals on wood-sided buildings.”
No further motion to address the substance of the matter is in order. (Incidental or privileges motions, which deal with procedural issues, may still be raised.) Each motion is subject to deliberation.

A motion to amend or to amend an amendment is at times labeled a “substitute motion.” Whether considered as an amendment or a substitute, such motions are handled the same.

When Multiple Motions Are before the Committee
When two or three substantive motions are on the floor (with each having been seconded) at the same time, the first vote resolves the last motion made. If the amendments deal with alternative approaches to the same question, and a majority votes to approve the third motion, the remaining motions are then moot, and action on the agenda item would be complete. If the third motion fails, the Chair then proceeds to consider the second motion.

If an amendment deals with a different aspect of the same matter, then the motions would be considered in turn, in reverse order (second amendment, first amendment, and original motion).

In action minutes, only the final motion or action is recorded. 32 Limits to Deliberation
While the basic rule of motions is that they are subject to discussion and debate, some exceptions limit debate on a motion. Examples of motions that are not debatable include:
• A motion to adjourn. This motion, if passed by simple majority, requires the body to immediately adjourn to its next regularly scheduled meeting. • A motion to recess. This motion, if passed by simple majority, requires the body to immediately take a recess for the time set by the Chair.
• A motion to fix the time to adjourn. This motion, if passed by simple majority, requires the body to adjourn the meeting at the specific time set in the motion. • A motion to table. This motion, if passed by simple majority, places the matter on “hold” and ends discussion of the item. The motion may state a specific time when the item shall return on the agenda, but it need not.

When these, or other incidental or privileged motions are made and seconded, the Chair must immediately call for a vote of the body without debate on the motion.

Most motions require a simple majority; but a few exceptions apply when the body limits a minority from acting on or discussing an item. These motions require a two thirds majority to pass:
• End debate. Members can end debate by “moving the previous question.” • Motion to close nominations. A motion to close nominations limits the right of a minority to nominate officers.
• Motion to suspend rules. This motion is debatable but requires a two-thirds vote to pass.

Division of a Motion
If a motion contains two or more divisible propositions, each of which is capable of standing as a complete proposition, the Chair may, and upon request of a member shall, divide the same. The Chair’s determination shall be appealable by any member. For example, a motion to approve a project and waive applicant fees is divisible into two separate motions.

Withdrawal of a Motion
A motion may be withdrawn by the maker at any time prior to the vote, without the consent of the member seconding it. Any other member may choose to make the same motion.

Motion to Continue
The Committee may vote to continue items to a subsequent meeting for the following reasons:
 The Committee requires additional information during the meeting;  New information or issues come to light during the meeting that need further study; or  Other reasons the Committee deems “appropriate and substantial.” A motion to continue requires a majority vote for approval. This is also known as a motion to postpone and is amendable.

The Committee may continue a submitted application when:
 The applicant cannot appear at the meeting and has requested that the item be continued;  The application is revised by the applicant during the meeting; or  The Commission requests that the application be revised. 33  Continuances ordinarily are undertaken with concurrence of the applicant, but concurrence is not required.

Motion to Reconsider
A motion to reconsider a vote is a motion limited in both the time it can be made and the person who can make it. A motion to reconsider an action taken by the Committee may be made on the same day as the meeting in which the motion to be reconsidered was decided, or the next business day if the session is more than one day. The motion must be made by a member who voted on the prevailing side but may be seconded by any member. For example, a person voting in the majority of a 4-3 vote for a motion to approve or deny an item (prevailing side) may make a motion to reconsider. If there is tie vote (3-3 and 1 absence), or if the motion fails (3 in favor, 2 against, 2 absent), then a motion to reconsider is not available as it only applies to actions taken by the Committee.

A motion to reconsider requires a second, is debatable, and is not amendable. If the motion to reconsider fails, it may not itself be reconsidered. Reconsideration may not be moved more than once on the same motion. If the motion to reconsider passes, the original matter is back before the Committee. The matter may be discussed, debated, and amended as if it were on the floor for the first time.

No member is prevented from making a motion to rescind such action at a subsequent meeting of the Committee, provided the agenda for that meeting includes the proposed action to rescind. More often than notOften such motions are used to make policy changes. The motion must be seconded, is debatable, and requires a majority vote.
34 Appendix BC– Voting
Majority Voting Requirement
The Code requires the affirmative vote of a majority of the total members of the Committee (excluding any non-voting members), on any item, for any action by the Committee, unless otherwise provided.1 (See PGMC §§ 3.02.070 and 3.04.080). For example, the majority of a fully- constituted Committee is 4.

In a 7-member body, a vote of 4-3 passes the motion. If there are 2 vacancies, and the total members are 5, then a majority is 3 members. Therefore, unless a super-majority is required, a simple majority vote determines whether each motion passes or is defeated. Proxy votes for absent members are not allowed.

Tie Votes
A tie vote means the motion fails. If one member is absent and the vote is 3-3, the motion fails. Tie votes may be reconsidered on motion by any member of the Committee voting aye or nay during the original vote. Before a motion is made on the next item on the agenda, any member of the Committee may make a motion to continue the matter to another date. Any continuance for this purpose suspends the running of any time in which action of the Committee is required by law.

Disqualification from Voting; Recusal
Commission members shall disqualify themselves from deliberation and voting on any matter before the Commission, prior to the Commission’s consideration of the matter, when there is a conflict of interest.

A member may also choose not to participate due to personal bias or the appearance of impropriety.

Upon the Chair’s announcement of an item, members must state that they are disqualifying themselves due to a conflict of interest, state the nature of the conflict (e.g., financial), and leave the room until the completion of that item.

If the number of members recusing themselves due to a conflict of interest disrupts the quorum, the “rule of necessity” allows the random selection of the fewest number of conflicted members to vote as is needed to enable a quorum to participate and reach a decision. For example, if 4 out of 7 Committee members are conflicted, the Committee may select one of the conflicted members to vote so as to have a quorum.

Abstentions
Abstentions are discouraged. Members should abstain from voting only due to lack of participation in an evidentiary proceeding before the Committee and their inability to review the record. In that instance, members will be recorded as absent for that item.

A member present for consideration of a motion who opposes the motion must vote against it. In the event of an abstention the abstainer in effect “consents” that a majority of the quorum of the members present may act for them. Thus, a member who abstains (for any reason other than lack of opportunity to review the record) is deemed to acquiesce in the action taken by the majority of members who voted.

For example, on a 7-member Committee, if the vote is 3 in favor, 2 against, with 1 absence and 1 abstention, the motion is approved, since a quorum was present, and a majority of the total 1 In certain circumstances, supermajority votes (majority + 1) are required: certain actions of Council, e.g., an urgency ordinance; zoning amendments by the Planning Commission. 35 membership is judged to have voted in favor. A 3-3 vote with one abstention means the motion fails as there is no majority.

Members who are silent during a voice vote shall have their vote recorded as an affirmative vote, except when individual members have stated in advance that they will not be voting.

Voting Methods. When a motion is not likely to be opposed, the Chair says, “If there is no objection, …”.

The members show their agreement, called “general consent,” by their silence. If a member says, “I object,” the item is put to a vote. Most votes shall be by voice vote. The Chair asks those in favor to say, “Aye,” and those opposed to say “No.” If the outcome is unclear by voice, a hand vote may be taken.

Any member may move for an exact count. In some cases, a roll call vote is required, with each member answering “yes” or “no” as his or her name is called. The order of voting for roll call votes shall be random.

Recording of Votes. The results of the vote shall be announced immediately following the action as shown in the following example: “The motion passed 5-2, Brown and Smith voting no.” The minutes of the Committee’s proceedings shall show the vote of each member, including whether they were absent or failed to vote on a matter considered. For example,
Ayes:

Noes:

Absent:

Abstain:

Members may change their votes up to the time the vote is finally announced. After that, members may only change with permission of the Committee, which may be given by general consent; that is, by no member’s objecting when the Chair inquires if any oneanyone objects. If an objection is made, a motion may be made to grant the permission, which is debatable. 36 Appendix D – Training
Mandatory Ethics Training AB 1234
AB 1234, passed in 2014, codified at Government Code § 53235, requires many California state and local officials and employees to complete mandatory ethics training. It states:
(a) (1) If a local agency provides any type of compensation, salary, or stipend to a member of a legislative body, or provides reimbursement for actual and necessary expenses incurred by a member of a legislative body in the performance of official duties, then all local agency officials shall receive training in ethics pursuant to this article.
(2) All local agency officials who are members of the governing board of a school district, a county board of education, or the governing body of a charter school shall receive training in ethics pursuant to this article, whether or not any member receives any type of compensation, salary, or stipend or reimbursement for actual and necessary expenses incurred in the performance of official duties. (b) Each local agency official shall receive at least two hours of training in general ethics principles and ethics laws relevant to the official’s public service every two years. (c) If an entity develops curricula to satisfy the requirements of this §, then the Fair Political Practices Commission and the Attorney General shall be consulted regarding the sufficiency and accuracy of the proposed course content. When reviewing any proposed course content, the Fair Political Practices Commission and the Attorney General shall not preclude an entity from also including local ethics policies in the curricula.
(d) A local agency or an association of local agencies may offer one or more training courses, or sets of self-study materials with tests, to meet the requirements of this §. These courses may be taken at home, in-person, or online.
(e) A provider of training courses to meet the requirements of this article shall provide participants with proof of participation to meet the requirements of § 53235.2. (f) A local agency shall provide information on training available to meet the requirements of this article to its local officials at least once annually.

AB 1234 applies to “members of a legislative body,” which is defined as in the Brown Act, Government Code § 54952. It thus applies to members appointed to city boards and commissions.

AB 1234 does not specify a time period within which an official must take and complete the training.

Where, as here, a statute does not impose a specific time requirement, the statute is deemed to require compliance within a “reasonable” time.
2 DRAFT MEETING MINUTES

CITY OF PACIFIC GROVE

CITY COUNCIL

REGULAR MEETING
Wednesday, December 6, 2023, 6:00 P.M.

Council Chamber – City Hall – 300 Forest Avenue, Pacific Grove, CA

CALL TO ORDER
Mayor Peake called the meeting to order at 6:00 p.m. noting that the following Councilmembers were present: Mayor Peake, Mayor Pro Tem Smith, Councilmembers Beck, Coletti, McDonnell, and Poduri and that Councilmember Amelio was absent.

PLEDGE OF ALLEGIANCE
Councilmember Coletti led the pledge of allegiance.

1. APPROVAL OF AGENDA
Upon motion by Mayor Pro Tem Smith, and seconded by Councilmember Beck, the City Council voted 6-0-1 to approve the agenda.

Motion carried 6-0-1 by the following roll call vote:

AYES:Mayor Peake, Mayor Pro Tem Smith, Councilmembers, Beck, Coletti, McDonnell, and Poduri.

NOES: None.

ABSENT: Councilmember Amelio.

2. PRESENTATIONS

3. COUNCIL AND STAFF ANNOUNCEMENTS (City-Related Items Only) A. City Attorney Dave Laredo Brian Pierik reported Council met with respect to a Conference with Legal Counsel – Anticipated Litigation pursuant to Government Code § 54956.9(d)(2) (One potential case: Complaint by employee of discrimination), and no specific reportable action was taken.

B. Council and staff made general announcements.

4. GENERAL PUBLIC COMMENT
Public comment was received from Dixie Layne, Mike Gibbs, Sally Moore, Rebecca Lee, Lisa Ciani, and two unidentified individuals.
3 CONSENT AGENDA
Action: Consent Agenda Item No. 7C was pulled and considered as immediately following the Consent Agenda.

Action: Upon motion of Mayor Pro Tem Smith, and seconded by Councilmember Beck, the Council voted to approve the remainder of the Consent Agenda.

Motion carried 6-0-1, by the following roll call vote:

AYES:Mayor Peake, Mayor Pro Tem Smith, Councilmembers, Beck, Coletti, McDonnell, and Poduri.

NOES: None.

ABSENT: Councilmember Amelio.

5. APPROVAL OF CITY COUNCIL MEETING MINUTES
A. Minutes of the October 4, 2023 City Council Closed Session and Regular Meetings Action: Approved minutes.

CEQA: Does not constitute a “Project” as defined by CEQA Guidelines Section 15378
B. Minutes of the October 418, 2023 City Council Closed Session and Regular Meetings
Action: Approved minutes.

CEQA: Does not constitute a “Project” as defined by CEQA Guidelines Section 15378

6. RESOLUTIONS
A. Resolution Approving City Manager Job Description
Action: Adopted Resolution.

CEQA: Does not Constitute a “Project” per California Environmental Quality Act (CEQA) Guidelines Section 15378

7. ORDINANCES
A. Second Read of an Ordinance to Amend the Salary Classification Schedule Action: Held a second reading and adopted the Ordinance.

CEQA: Does not Constitute a “Project” per California Environmental Quality Act (CEQA) Guidelines Section 15378
B. Second Read of an Ordinance to Amend the Fiscal Year 23/24 Operating and Capital Improvement Budget
Action: Held a second reading and adopted the Ordinance.

From: Tony Ciani
To: City Council Members
Cc: City Clerk; CentralCoast@Coastal; Filip, Mariana@Coastal Subject: Re: January 17, 2024, City Council Meeting Regular Agenda Item 11.A Date: Monday, January 15, 2024 2:51:43 PM
Attachments: PGCC APPEAL 270 Central Ave [3] Revised.pdf [NOTICE: This message originated outside of the City of Pacific Grove email system -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Dear Mayor Peake and Councilmembers,
I am attaching for your use, my letter REVISED to correct the wording with minor changes for readability, and to add a footnote reference to the wording in item (1).

I apologize for any confusion and thank you again for your consideration.

Sincerely,
Tony Ciani
On Mon, Jan 15, 2024 at 11:14 AM Tony Ciani <[email protected]> wrote:

Dear Mayor Peake and Members of the City Council,
Please consider the attached letter with recommendations regarding this appeal.

Thank You,
Tony Ciani
Anthony A. Ciani, 220 Walnut Street, Pacific Grove, California 93950 January 15, 2024 (REVISED)
Mayor Peake and Members of the City Council
City of Pacific Grove
300 Forest Avenue
Pacific Grove, CA 93950
(Via email: [email protected], [email protected]) RE: January 17, 2024, City Council Meeting Regular Agenda Item 11.A Appeal of Coastal Development Permit, Use Permit (UP), and Staff Counter Review and Determination (UP/CDP 23-0221) – 270 Central Avenue, Pacific Grove Dear Mayor Peake and City Councilmembers,
Among other facts that Staff got wrong, is the erroneous statement in the Agenda Report that my appeal was filed on December 27, 2023. I submitted my appeal form and letter on December 22, 2023, at 3:57 PM, after informing Director Lew Bauman and staff in writing on December 15 of my intent to appeal.

I also submitted a PRA request for the entire record on December 18 to accurately address the facts, but the City Clerk did not send it to me until 24 days later, on January 11, 2024. Based on those facts and materials, I recommend the City Council consider the following conditions for the decision in this matter:
1) Remand the project to the Historic Resources Committee to advise you regarding the Applicant’s proposed replacement of all the historic windows to comply with Pacific Grove’s Municipal Code (PGMC) Table 23.70.012-1,PGMC 23.76.025 & 23.90.200(2)(A)(B)(C) requirement to implement the Secretary of Interior’s Standards to conduct an overall systematic evaluation of the physical conditions of the windows, followed first by protect, repair, and if necessary, replacement.1
(Otherwise, deny replacement of the windows.)
2) Comply with PGMC 23.90.220(c) and require a “Lower-Cost Overnight Accommodations Development Agreement” to be recorded in a deed using the type of format and conditions the California Coastal Commission has established. Require a central Dining Room and Kitchen, PGMC 23.64.290(f)(1)(d). Otherwise, it will result in a Short-Term Rental, PGMC

23.90020(l)(1), not a Bed and Breakfast Inn.
3) Require the hearing of this project to be continued, for the City Council to make revised findings of fact and to approve the project with revised conditions of approval.

Thank you for your consideration.

Sincerely,
Anthony A. Ciani
Anthony A. Ciani Cc: California Coastal Commission
1 Grimmer, Anne E. & Weeks, Anne E., THE SECRETARY OF THE INTERIOR’S STANDARDS FOR THE

TREATMENT OF HISTORIC PROPERTIES WITH GUIDELINES FOR PRESERVING, REHABILITATING, RESTORING & RECONSTRUCTING HISTORIC BUILDINGS, 1995, Page 77.
1 Liza DeNoyer
From: Alex J. Lorca <[email protected]>
Sent: Monday, January 15, 2024 10:42 AM
To: City Council Members
Cc: [email protected]; [email protected]; Sandra Kandell; City Manager; Aaron Campbell
Subject: January 17, 2024 Regular Council Meeting - Item 11A - CDP 23-0221 (270 Central Avenue)
Attachments: LTT PG City Council re. 270 Central Ave. (01513792).pdf [NOTICE: This message originated outside of the City of Pacific Grove email system -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Mayor Peake and Members of the City Council –
Please find attached a letter on behalf of our client Renewable Energy, Inc. in connection with the above reference Agenda item.

Please let me know if you have any diƯiculties opening the attachment.

Thank you,
Alex
Alex J. Lorca

FENTON & KELLER
Post Office Box 791
Monterey, CA 93942-0791
831-373-1241, ext. 258
831-373-7219 (fax)
[email protected]
www.FentonKeller.com
To help protect your privacy, Microsoft Office prevented automatic download of this picture from the Internet.

CONFIDENTIALITY NOTICE
This is a transmission from the Law Firm of Fenton and Keller. This message and any attached documents may be confidential and contain information protected by the attorney-client or attorney work product privileges. They are intended only for the use of the addressee. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the contents of this information is strictly prohibited. If you received this transmission in error, please immediately notify our office at 831-373-1241. Thank you.

C H R I S T O P H E R E . P A N E T T A S A R A B . B O Y N S B R I A N D . C A L L T R O Y A . K I N G S H A V E N J O H N E . K E S E C K E R E L I Z A B E T H R . L E I T Z I N G E R A N D R E W B . K R E E F T K E N N E T H S . K L E I N K O P F A L E X J . L O R C A D E R R I C G . O L I V E R C A R O L S . H I L B U R N M A R C O A . L U C I D O G L A D Y S R O D R I G U E Z - M O R A L E S B R A D L E Y J . L E V A N G A S H L E Y E . C A M E R O N C H R I S T O P H E R M . L O N G C H R I S T O P H E R J . N A N N I N I T A R A L . C L E M E N S M A T T H E W D . F E R R Y E M M A N U E L P E R E A J I M E N E Z M O L L Y S T E E L E C Y N D I J . C L A X T O N M A R I A A . A I E L L O

F E N T O N & K E L L E R A P R O F E S S I O N A L C O R P O R A T I O N A T T O R N E Y S A T L A W 2 8 0 1 M O N T E R E Y - S A L I N A S H I G H W A Y P O S T O F F I C E B O X 7 9 1 M O N T E R E Y , C A L I F O R N I A 9 3 9 4 2 - 0 7 9 1 T E L E P H O N E ( 8 3 1 ) 3 7 3 - 1 2 4 1
F A C S I M I L E ( 8 3 1 ) 3 7 3 - 7 2 1 9 w w w . F e n t o n K e l l e r . c o m L E W I S L . F E N T O N 1 9 2 5 - 2 0 0 5 O F C O U N S E L C H A R L E S R . K E L L E R {AJL-01512868;1}
ALEX J. LORCA January 15, 2024 [email protected]
ext. 258
VIA EMAIL ONLY ([email protected])
Mayor Peake and Members of the City Council
300 Forest Avenue
Pacific Grove, CA 93950
Re: 270 Central Avenue (CDP 23-0221/ UP 23-0221)
Our File: 36734.36552
Dear Mayor Peake and Members of the City Council:
of 270 Central Avenue in Pacific Grove (APN 006-214-
Development Permit CDP-23-0221/UP 23-0221, which seeks to convert a multi-family residence to December 14, 2023 approval of the Project
I. THE APPEAL FAILS TO STATE A CLAIM.

The Appeal fails to cite any applicable regulation for its general assertion that the Project is Indeed, the Appeal summarily states
the Project in . Such generalized assertions do not present the Council (or Renewable Energy) with any basis to address the Appeal. Said another way, the Appeal fails to state a claim or provide any evidence (let alone substantial evidence)
the Appeal is de novo, as drafted the Appeal
for his Appeal and therefore denies the Council and Renewable Energy the opportunity to address 270 Central Avenue (CDP 23-0221/ UP 23-0221)
January 15, 2024

{AJL-01512868;1}
concerns in a meaningful way. Said another way, should the Council uphold the Appeal, it would deny Renewable Energy its due process rights to a noticed and fair hearing.

II. LAND USE REGULATIONS.
by the Planning Commission, the
General Plan, which expressly allows for the conversion of large residential buildings that are at Also, Pacific

23.26.020(b) specifically allows a Bed and Breakfast use in the R-3-P.G.R District in which the Property is located.

With respect to coastal regulations, the approved Coastal Development Permits lists fact, and finding based on those facts, to demonstrate the General Plan, LCP, and regulations related to views, habitat protection, design consistency, coastal access, and providing visitor-serving needs.

III. THE PROJECT IS A COSTAL-DEPENDENT AND COASTAL-RELATED USE, AND -dependent and coastal-related
UP highlights the one of the key goals of the
to ensure] priority for coastal-dependent development and coastal-related development over other Consistent with the Coastal Act gives priority to coastal-dependent uses. LUP visitorserving and commercial recreational facilities are given priority on suitable private lands over private residential, general industrial, or general commercial development (Public Resources Code §§30220-30223). Coastal-dependent uses are given further preference (Public Resources Code §30254). (LUP section
The Project will give visitors that do not have the good fortune to live in Pacific Grove access -dependent
and coastal-related use, and is therefore entitled to preference over other uses.

IV. LOW-COST VISITOR-SERVING ACCOMMODATION IN THE COASTAL ZONE IS A KEY GOAL OF THE COASTAL ACT AND THE .
at Parks, Recreation, and Public Access
policy PRA-11, ower cost visitor-serving facilities, including overnight accommodations and public recreational opportunities, shall be provided and encouraged. (Emphasis added.) 270 Central Avenue (CDP 23-0221/ UP 23-0221)
January 15, 2024

{AJL-01512868;1}
This statement is, of course, consistent with the Coastal Act -cost visitor-serving accommodations in the Coastal Zone. T
Policies - he Coastal Act also requires that
lower cost visitor and recreational facilities be protected, encouraged and, where feasible, provided, and gives preference to development providing public recreational opportunities (Public Resources Code §30213). (Emphasis added.)
facility necessary to ensure that lower income members of the public, including those that live further from the coast, are able to access and recreate at the coast. maximize access and promote lower cost visitor and recreational facilities is critical in providing opportunities for individuals and families from underserved communities to visit the coast when they might not be able to do so otherwise due to costs, including costs for overnight 1 (Emphasis added.)
Importantly, while the Project will designate 25% of its guest rooms as low-cost visitorserving accommodations consistent with PGMC 23.90.220(c), in fact all of the Project -cost visitor-serving accommodations in the
guest rooms will have a kitchen. The Coastal
Commission has recognized that the provision of kitchen facilities in guest rooms furthers the low-cost visitor-serving accommodations as guests will be able to reduce the cost of their visit by preparing their own meals.2 V. LOW-COST VISITOR-SERVING ACCOMMODATION IS AN UNMET NEED IN THE CITY.
overnight accommodations particularly lower cost hotel rooms (Memorandum at page 1.) This lack of lower-cost visitor-serving accommodation is pronounced in Pacific Grove as in the recent past the City has lost four bed and breakfast inns, which has severely coast.3 As noted above, the Project will reserve 25% of its rooms as low-cost visitor-serving, and all of its guest rooms will feature a kitchen that will help reduce the costs of visiting the coast to all guests. 1
2 Memorandum at page 33.
3 The four inns are: 1) The Gate House Inn at 225 Central Avenue, which was converted to the Bridge Restoration Ministry; 2) The Antone Inn at 1095 Lighthouse Avenue, which was converted to residential; 3) The Inn at 213 17-Mile Drive, which was converted to a medical use; and 4) The Maison Blue at 157 15th Street was converted to a catering facility.
270 Central Avenue (CDP 23-0221/ UP 23-0221)
January 15, 2024

{AJL-01512868;1}
VI. CONCLUSION
For the reasons set forth above, Renewable Energy urges the Council to deny the Appeal and -0221 and UP 23-0221.

Sincerely,

FENTON & KELLER
A Professional Corporation
Alex J. Lorca
AJL:moi
cc: Client
Moe Ammar
Hunter Eldridge
1 Liza DeNoyer
From: Tony Ciani <[email protected]>
Sent: Monday, January 15, 2024 11:14 AM
To: City Council Members
Cc: City Clerk; CentralCoast@Coastal; Filip, Mariana@Coastal Subject: January 17, 2024, City Council Meeting Regular Agenda Item 11.A Attachments: PGCC APPEAL 270 Central Ave [3].pdf
[NOTICE: This message originated outside of the City of Pacific Grove email system -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Dear Mayor Peake and Members of the City Council,
Please consider the attached letter with recommendations regarding this appeal.

Thank You,
Tony Ciani

From: Dan Rudolph
To: Public Comment
Cc: Anne Rudolph; [email protected]
Subject: Letter to the mayor and the city council
Date: Monday, January 15, 2024 5:37:24 PM
Attachments: PG City Council letter Jan 2024.docx
[NOTICE: This message originated outside of the City of Pacific Grove email system -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Please confirm receipt and that this will be included in the package for the 1/17/24 meeting.

Thank youDan Rudolph
Sent via email to [email protected]
Bill Peake, Mayor
Pacific Grove City Council
300 Forest Avenue
Pacific Grove, CA 93950
RE: Appeal of the Planning Commission’s decision approving CDP 22-0264/111 10th Avenue Dear Mayor Peake and Members of the City Council:

My name is Dan Rudolph and my wife Anne and I own a home located at 114 9th St, which we purchased in February of last year. While I am a relative newcomer to Pacific Grove, my wife’s family has deep roots here, having lived in this community for over 100 years and having done business as the owners of Russell Service Center on Sunset Drive for nearly 60 years.

When we bought our home, we were not aware that our neighbors at 111 10th St. were planning to redevelop the property including a major addition. And while we are disappointed that this is occurring, we accept the fact that people have the right to do what they would like to the properties they own, just as we updated the interior and painted the exterior of our home last year.

What we do not accept and are disappointed about is that this project was approved without fulfilling the existing Federal, Coastal Zone and Pacific Grove regulations and guidelines regarding the development of historic homes. We were also disappointed with the unwillingness of the developers and their architect to engage with us and others to develop a plan that would be acceptable to all of the affected neighbors. Our offers to engage with them and to craft a solution have unfortunately been met with no response at all. This, along with their disregard for the rules that we believe apply to their project, has led us to appeal the recent approval by the planning commission of the development application, which in our opinion was ill advised, since it was based on incomplete information.

I would like to ask the city council to do 2 things which I believe are both reasonable and fair. 1) I would like the rules and guidelines to be followed which I do not believe has occurred in this case. Since I am not an expert, I have consulted with local subject matter experts which informs my opinions. I understand that there are rules regarding both the proposed development of historic structures (Federal and City) as well as rules regarding trees (Coastal Zone and City). To the best of my knowledge and based on consulting with local experts, the rules that Pacific Grove has established for the situation in this case were simply not followed correctly. As best I can tell, the Federal guidelines for the development of historic structures were to a large part ignored (you have a letter from Meg Clovis that details the numerous, significant shortcomings of the work that was submitted by the applicant). No report from an arborist had been completed, at least in the submissions that we have seen, and given the large, magnificent Cypress tree that is on the property, this needs to be addressed and considered carefully before any final approval is given by the city. 2) I would like the city to listen to their own experts. Pacific Grove’s Historic Resources Committee (HRC) reviewed the development application twice and unanimously rejected it twice. This group has been put together by Pacific Grove to help assist in cases like this one and yet their objections and their recommendations have seemingly been ignored. The planning commission itself was divided on this project (for good reason in our opinion) and the commissioners who voted no understood that the steps for proper consideration had simply not been followed. Given this shortcoming, how could they possibly approve the proposed project? I agree! Once all of relevant steps have actually been completed and the rules correctly applied, we hope that the applicant will adjust their development plans accordingly. At that time, we would appreciate the opportunity to meet with them, together with our contiguous neighbors, in order to understand what is being proposed, make any small adjustments that might make a big difference to us without significant impact on their plans, so that we can fully support their application the next time it is considered.

In summary, I urge the city council to overturn the approval granted by the planning commission, to require the applicant to actually follow and fulfill all of the required steps that the city, the Coastal Commission and the Federal Historic Guidelines (including CEQA) require and to resubmit their plans once these necessary steps and legal requirements have been completely and properly fulfilled.

Sincerely,
Dan Rudolph
114 9th St.

Pacific Grove, CA 93950