CITY COUNCIL
CLOSED SESSION MEETING AGENDA
Wednesday, February 14, 2024, 5:00 P.M.
(Adjourned from February 7, 2024)
Council Chamber – City Hall – 300 Forest Avenue, Pacific Grove, CA
PACIFIC GROVE MEETINGS ARE CONDUCTED IN PERSON AT CITY HALL COUNCIL CHAMBER AND VIRTUALLY.
PLEASE NOTE THE MEETING WILL PROCEED AS NORMAL EVEN IF THERE ARE TECHNICAL DIFFICULTIES ACCESSING ZOOM.
THE CITY WILL DO ITS BEST TO RESOLVE ANY TECHNICAL ISSUES AS QUICKLY AS POSSIBLE.
Join the Zoom Meeting to participate live at:
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AGENDA
CALL TO ORDER
APPROVAL OF AGENDA
CLOSED SESSION
PUBLIC COMMENT ON CLOSED SESSION MATTERS
Comments from the public will not receive Council action. Comments must deal with matters on the Closed Session agenda and will be limited to three minutes
1. Written Public Comment
A. Conference with Labor Negotiators (Government Code Section 54957.6) City Negotiators: Robert Perrault, Interim City Manager, Tori Hannah, Administrative Services Director/Assistant City Manager, and Katy Suttorp, Esq.
Employee Organization: Police Officers Association
B. Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property:
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B. Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property:
618 Ocean View Boulevard, the Grill at Lovers Point
City Negotiators: Robert Perrault, Interim City Manager; Tori Hannah, Administrative Services Director/Assistant City Manager, James Minshew, Management Analyst Parties: Joseph F. Cavallaro
Under Negotiation: Price and terms of payment
C. CONFERENCE WITH LEGAL COUNSEL--ANTICIPATED LITIGATION Significant exposure to litigation pursuant to Government Code Section 54956.9 (d)(2) One potential case (Employee Complaint)
ADJOURNMENT
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CITY COUNCIL
AMENDED REGULAR MEETING AGENDA
Wednesday, February 14, 2024, 6:00 P.M.
(Adjourned from February 7, 2024.)
Council Chamber – City Hall – 300 Forest Avenue, Pacific Grove, CA The Council will not begin consideration of any item on this agenda later than 10:00 p.m. unless such consideration is approved. Any items on this agenda not considered this evening will be continued to a future meeting.
Copies of the agenda packet are available for review at the Pacific Grove Library, in the Finance Department, and electronically at www.cityofpacificgrove.org/agendas. The most effective method of communication with the City Council is by sending an email to [email protected]. In order to allow the City Council adequate time to review communication related to an agenda item, it is recommended that the communication be sent no later than 9:00 AM on the day prior to the City Council meeting.
PACIFIC GROVE COUNCIL MEETINGS ARE CONDUCTED IN PERSON AT CITY HALL COUNCIL CHAMBER AND VIRTUALLY.
PLEASE NOTE THE MEETING WILL PROCEED AS NORMAL EVEN IF THERE ARE TECHNICAL DIFFICULTIES ACCESSING ZOOM.
THE CITY WILL DO ITS BEST TO RESOLVE ANY TECHNICAL ISSUES AS QUICKLY AS POSSIBLE.
THE PUBLIC MAY ALSO VIEW THE MEETING ON PENINSULA CHANNEL 25.
JOIN THE ZOOM WEBINAR TO PARTICIPATE LIVE AT:
https://www.cityofpacificgrove.org/Zoom_CC
Please click here for directions to dial into the meeting audio.
AMENDED AGENDA
CALL TO ORDER
PLEDGE OF ALLEGIANCE: Councilmember Coletti
1. APPROVAL OF AGENDA
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2. PRESENTATIONS
3. COUNCIL AND STAFF ANNOUNCEMENTS (City-Related Items Only) A. Report on Closed Session by City Attorney
B. Other
4. GENERAL PUBLIC COMMENT
General Public Comment must deal with matters subject to the jurisdiction of the City and the Council that are not on the Regular Agenda. This is the appropriate place to comment as to items on the Consent Agenda, only if you do not wish to have the item pulled for individual consideration by the Council.
Comments from the public will be limited to three minutes and will not receive Council action. Comments regarding items on the Regular Agenda shall be heard prior to Council’s consideration of such items at the time such items are called. Whenever possible, written correspondence should be submitted to the Council in advance of the meeting, to provide adequate time for its consideration.
A. Written General Public Comment
CONSENT AGENDA
The Consent Agenda deals with routine and non-controversial matters, and may include action on resolutions, ordinances, or other public hearings for which testimony is not anticipated. The vote on the Consent Agenda shall apply to each item that has not been removed. Any member of Council, staff, or the public may remove an item from the Consent Agenda for individual consideration. When items are pulled for discussion, they will be automatically placed at the end of their respective section within the Regular Agenda. One motion shall be made to adopt all non-removed items on the Consent Agenda.
5. APPROVAL OF CITY COUNCIL MEETING MINUTES
Items pulled from this section will be placed under 12. Unfinished and Ongoing Business A. Minutes of the January 17, 2024 Special and Regular Meetings PG 10 Reference: Sandra Kandell, City Clerk
Recommended Action: Approve minutes.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
6. RESOLUTIONS
Items pulled from this section will be placed under 12. Unfinished and Ongoing Business or 13. New Business A. Adopt a Resolution Ratifying the Actions of the City Manager/ Emergency Services Director Declaring a State of Emergency and Authorizing the Mayor to Send a Letter to the Office of Emergency Services Requesting Assistance PG 20 PGCC 2-14-24
Reference: Robert Perrault, City Manager
Recommended Action: Adopt a Resolution Ratifying the Actions of the City Manager/Emergency Services Director
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
7. ORDINANCES
Items pulled from this section will be placed under 11. Public Hearings
8. REPORTS – INFORMATION ONLY
Items pulled from this section will be placed under 12. Unfinished and Ongoing Business or 13. New Business
A. Second Quarter Treasurer’s Quarterly Report PG 28
Reference: Jazelle Johnson, Accountant
Recommended Action:
1. Receive the report.
2. Alternatively, discuss and take other action related to this item.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
B. Second Quarter Budget Report PG 32
Reference: Tori Hannah, Administrative Services Director/Assistant City Manager Recommended Action: Receive the report.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
C. Second Quarter FY 23/24 Purchase Order Report PG 39
Reference: James Minshew, Management Analyst
Recommended Action:
1. Receive the FY 23/24 Second Quarter Purchase Order Report.
2. Alternatively, discuss and take other action related to this item.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
D. Second Quarter 23/24 Workers' Compensation Report PG 46 Reference: Tori Hannah, Administrative Services Director / Assistant City Manager Recommended Action:
1. Receive the report.
2. Alternatively, discuss and take other action related to this item.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
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E. Safety Lighting at Robert Down Elementary School Project PG 50 Reference: Joyce Halabi, Deputy Public Works Director
Recommended Action:
1. Receive Report
2. Alternatively, discuss and take other action related to this item.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
F. Housing Element Monthly Status Update PG 54
Reference: Alyssa Kroeger, Housing Program Manager
Recommended Action:
1. Receive the report.
2. Alternatively, discuss and take other action related to this item.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
9. REPORTS – REQUIRING ACTION
Items pulled from this section will be placed under 12. Unfinished and Ongoing Business or 13. New Business A. Authorization to Participate in a Joint Subcommittee with the Pacific Grove Unified School District PG 66
Reference: Robert Perrault, Interim City Manager
Recommended Action: Authorization to Participate in Joint Subcommittee with the School Board and Appoint the Mayor and Mayor Pro Tempore to the Committee.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
10. MEETING MINUTES OF COMMISSIONS, BOARDS, AND COMMITTEES Items pulled from this section will be placed under 13. New Business A. Architectural Review Board Minutes: November 14, 2023 PG 68 Reference: Laurel O'Halloran, Planner
Recommended Action: Receive the minutes.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
REGULAR AGENDA
11. PUBLIC HEARINGS
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11. PUBLIC HEARINGS
For public hearings involving a quasi-judicial determination by the Council, the proponent of an item may be given 10 minutes to speak and others in support of the proponent’s position may be given three minutes each.
A designated spokesperson for opposition to the item may be given 10 minutes to speak and all others in opposition may be given three minutes each. Very brief rebuttal and surrebuttal may be allowed in the sole discretion of the Council. In public hearings not involving a quasi-judicial determination by the Council, all persons may be given three minutes to speak on the matter.
12. UNFINISHED AND ONGOING BUSINESS
A. Public Comment at Meetings of Legislative Bodies This item was continued from the Council's January 17, 2024 meeting. PG 72
Reference: Brian Pierik, City Attorney
Recommended Action: Discuss permissible public comment at meetings of legislative bodies and consider providing direction to the City Attorney to return to the Council with a Resolution amending Council Policy 000-017.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
B. Direct to City Attorney to return to the City Council with an ordinance to amend Pacific Grove Municipal Code Section 2.04.050 or other actions related to this Agenda item. This item was continued from the Council's January 17, 2024 meeting. PG 86 Reference: Nick Smith, Mayor Pro Tem
Recommended Action: Motion to direct the City Attorney to return to the Council with an ordinance to amend Pacific Grove Municipal Code Section 2.04.050 or other actions related to this Agenda item.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
C. Boards, Committees and Commissions Handbook Revision This item was continued from Council's January 17, 2024 meeting. PG 89
Reference: City Manager Robert Perrault, City Attorney Brian Pierik, and Mayor Bill Peake Recommended Action:
Direct the City Attorney to prepare a resolution adopting revised Boards, Committees and Commissions Handbook 1/17/24.
1. 2. Direct the City Manager and City Attorney to provide committee training.
3. Alternative, discuss and take other action related to this item.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
D. Codifying Council Member Inquiry Authority PG 158
Reference: Interim City Manager Robert Perrault, Special Counsel Jenica Maldonado Recommended Action:
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Recommended Action:
Discuss draft Ordinance regarding Ordinance Codifying Provisions of Article 21 of the City Charter.
1. Discuss related draft Council Policy Establishing Procedures for Council Members to Make an Inquiry Pursuant to Pacific Grove Municipal Code Section 2.04.110.
2. Provide direction to City Attorney to finalize draft Ordinance and draft Policy and return to City Council for first reading on Ordinance.
3. 4. Other action as related to this agenda item.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
E. Recommendations from Parklet Subcommittee PG 170
Reference: Councilmembers Luke Coletti, Lori McDonnell: Daniel Gho PW Director, Deputy CM
Recommended Action:
Receive Report describing the design of the proposed curb extension and expanded sidewalk dining project prepared by the Parklet Subcommittee and City staff, and
1. Direct staff to complete the remaining items necessary to finalize the project and bring back a final package to the City Council for approval prior to release of a Request for Proposals, and
2. Direct staff to prepare a Parklet and Sidewalk Dining Program Manual, to be adopted by Council Resolution, that thoroughly describes the program, including but not limited to, permitting, types of use, design standards, safety standards, amenities, and compliance and enforcement measures.
3. 4. Alternatively, discuss and take other action related to this item.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
F. David Avenue Sidewalk Project PG 181
Reference: Joyce Halabi, Deputy Public Works Director
Recommended Action:
1. Receive report
Direct staff to proceed with phasing the installation of sidewalks on the school side of David Avenue
2. 3. Alternatively, discuss and take other action related to this item CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
G. Skatepark Project – City Hall Parking Lot PG 185
Reference: Daniel Gho, Public Works Director/Deputy City Manager Recommended Action:
1. Receive report and provide direction
2. Alternative, take other action related to this item
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines PGCC 2-14-24
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
13. NEW BUSINESS
A. First Reading of Ordinance Repealing Section 2.06.020 of the Pacific Grove Municipal Code Relating to the Removal of the City Manager PG 194 Reference: Jenica Maldonado, Special Counsel, Brian Pierik, City Attorney Recommended Action:
1. Request the City Attorney read the title of the ordinance; Motion to waive further reading of the ordinance and introduce an Ordinance Repealing Section 2.06.020 of the Pacific Grove Municipal Code Relating to the Removal of the City Manager;
2. Direct a summary of a proposed ordinance be published as approved by the City Attorney;
3. 4. Other action related to this item.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
14. FULL PRESENTATIONS
15. CLOSED SESSION
ADJOURNMENT
NOTICE OF ADA COMPLIANCE: Pursuant to Title II of the Americans with Disabilities Act (Codified At 42 United States Code Section 12101 and 28 Code of Federal Regulations Part 35), and Section 504 of the Rehabilitation Act of 1973, the City of Pacific Grove does not discriminate on the basis of race, color, religion, national origin, ancestry, sex, disability, age or sexual orientation in the provision of any services, programs, or activities. The City of Pacific Grove does not discriminate against persons with disabilities. City Hall is an accessible facility. A limited number of assisted listening devices will be available at this meeting. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting or provide the requested agenda format.
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Agenda No. 5 A
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Sandra Kandell, City Clerk/DEI Coordinator
MEETING DATE: February 14, 2024
SUBJECT: Minutes of the January 17, 2024 Special and Regular Meetings CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
Approve minutes.
Attachments
Draft Minutes 1-17-24
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1 DRAFT MEETING MINUTES
CITY OF PACIFIC GROVE
CITY COUNCIL
CLOSED SESSION MEETING
Wednesday, January 17, 2024, 5:00 P.M.
Council Chamber – City Hall – 300 Forest Avenue, Pacific Grove, CA
PACIFIC GROVE MEETINGS ARE CONDUCTED IN PERSON AT CITY HALL COUNCIL CHAMBER AND VIRTUALLY.
Join the Zoom Meeting to participate live at:
https://us02web.zoom.us/j/692219855
CALL TO ORDER
Mayor Peake called the meeting to order at 5:00 p.m. Present in Chamber: Mayor Peake, Mayor Pro Tem Smith, Councilmembers Amelio, Beck, Coletti, McDonnell, and Poduri.
APPROVAL OF AGENDA
Action: Upon motion by Councilmember Amelio and seconded by Mayor Pro Tem Smith, Council voted 7-0 to approve the agenda.
CLOSED SESSION
PUBLIC COMMENT ON CLOSED SESSION MATTERS
No public comment received.
1. Written Public Comment
A. Conference with Labor Negotiators (Government Code Section 54957.6) City Negotiators: Robert Perrault, Interim City Manager, Leticia Livian, Human Resources Director, and Council Special Appointed Attorney Jenica Maldonado, Esq.
Employee Organization: General Employees Association
B. Conference with Legal Counsel – Anticipated Litigation Significant Exposure to Litigation (Government Code §54956.9(d)(2))
Number of Cases: Two Cases (Complaints by Employees)
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2 DRAFT MEETING MINUTES
CITY OF PACIFIC GROVE
CITY COUNCIL
REGULAR MEETING
Wednesday, January 17, 2024, 6:00 P.M.
Council Chamber – City Hall – 300 Forest Avenue, Pacific Grove, CA
PACIFIC GROVE MEETINGS ARE CONDUCTED IN PERSON AT CITY
HALL COUNCIL CHAMBER AND VIRTUALLY.
JOIN THE ZOOM WEBINAR TO PARTICIPATE LIVE AT:
https://us02web.zoom.us/j/209579290
CALL TO ORDER
Mayor Peake called the meeting to order at 6:00 p.m. Present in Chamber: Mayor Peake, Mayor Pro Tem Smith, Councilmembers Amelio, Beck, Coletti, McDonnell, and Poduri.
PLEDGE OF ALLEGIANCE
Councilmember Beck led the pledge of allegiance.
1. APPROVAL OF AGENDA
Action: Upon motion by Councilmember Beck and seconded by Mayor Pro Tem Smith, Council voted 7-0 to approve the agenda.
2. PRESENTATIONS
3. COUNCIL AND STAFF ANNOUNCEMENTS (City-Related Items Only) A. Report on Closed Session by City Attorney
Conference with Labor Negotiators (Government Code Section 54957.6) City Negotiators: Robert Perrault, Interim City Manager, Leticia Livian, Human Resources Director, and Council Special Appointed Attorney Jenica Maldonado, Esq.
Employee Organization: General Employees Association
Conference with Legal Counsel – Anticipated Litigation Significant exposure to litigation (Government Code §54956.9(d)(2))
Number of Cases: Two Cases (Complaints by Employees)
City Attorney Brian Pierik stated no reportable action.
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3 4.
B. Council and staff made general announcements.
GENERAL PUBLIC COMMENT
General public comments received from Vince Tuminello, Dr. Marshall Fullbright, Dan Miller, Robert Pacelli, Mike Gibbs, Adam de Boor and Charlene Willams.
A. Written General Public Comment
1. Written Public Comment
Action: Receive written public comment if applicable.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
CONSENT AGENDA
Action: Consent Agenda items 9A and 9B were pulled and considered immediately following the Consent Agenda. Consent Agenda item 9C was pulled and considered as Regular Agenda item 13B.
Action: Upon motion by Mayor Pro Tem Smith and seconded by Councilmember Amelio, Council voted 7-0 to approve the Consent Agenda as modified.
5. APPROVAL OF CITY COUNCIL MEETING MINUTES
A. Minutes of the November 15, 2023 Closed Session and Regular City Council Meetings Action: Approved minutes.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
B. Minutes of the December 6, 2023 Closed Session and Regular City Council Meeting Action: Approved minutes.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
C. Minutes of the December 20, 2023 City Council Regular Meeting Action: Approved minutes.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
6. RESOLUTIONS
A. Council Policy 400-5 Investments
Action: Adopted Resolution No. 24-001 approving Council Policy 400-5 Investments CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
7. ORDINANCES
8. REPORTS – INFORMATION ONLY
A. Core Revenue Report for December
Action: Received the report.
CEQA: Does not constitute a “Project” per California Environmental Quality Act DRAFT PGCC 2-14-24
4 Guidelines Section 15378
B. December 2023 Check Register.
Action: Received the Check Register.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
C. Monterey Salinas Transmit Meeting Minutes: November 13, 2023 Action: Received minutes.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
9. REPORTS – REQUIRING ACTION
A. Appointments to City Boards, Committees, Commissions, and Task Force Reference: Bill Peake, Mayor
Recommended Action: Approve appointments to City Boards, Committees, Commissions, and Task Force listed below:
• Library Board -Karin Locke
• Planning Commission -David Sweigert
• Architectural Review Board -Sarah Boyle
• AEHOP -Kathleen Balke, Carmelita Garcia, Crystal Gaudette, Mary Goblirsch, John Carminati
• Task Force on DEI- Kim Bui, Bruce Doneux
• Economic Development Commission -Kelsea Richmond
• Historic Resources Committee -Jean Anton, Nina Grannis, Glynis Greening, Rick Steres
• Traffic Safety Commission -Lester Brown, Anthony Greening CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
B. Amending an Agreement with Robert Half International, Inc.
Reference: James Minshew, Management Analyst
Action: 1. Authorize the Mayor to sign an amendment to the agreement with Robert Half International, Inc. to provide temporary staffing services in an amount not to exceed $106,000; 2. Alternatively, discuss and take other action related to this item.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
C. Boards, Committees and Commissions Handbook Revision This item was pulled and considered as Regular Agenda item 13B.
Reference: City Manager Robert Perrault, City Attorney Brian Pierik, and Mayor Bill Peake
Recommended Action:
1. Direct the City Attorney to prepare a resolution adopting revised Boards, Committees and Commissions Handbook 1/17/24.
2. Direct the City Manager and City Attorney to provide committee training.
3. Alternative, discuss and take other action related to this item.
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5 CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
D. Establishment of Budget Schedule for FY24-25
Action: Adopted by Motion Proposed Schedule for the Development of the FY 24-25 Budget.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
E. Appointments to AMBAG Board of Directors
Action: Approved appointments to Association of Monterey Bay Area Governments (AMBAG) Board of Directors effective immediately.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
10. MEETING MINUTES OF COMMISSIONS, BOARDS, AND COMMITTEES A. Diversity Equity and Inclusion Meeting Minutes: September 11, 2023, October 9, 2023, November 13, 2023, and December 11, 2023
Action: Received minutes.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
B. Library Board Minutes: November 7, 2023
Action: Received the minutes.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
*******
Items pulled from Consent Agenda:
9.A. Appointments to City Boards, Committees, Commissions, and Task Force Public comments received from Mike Gibbs, Kelly, Fred Jealous, Vince Tuminello, Bruce Doneux, Carmelita Garcia, Lisa Ciani, Beth Walker, and Mari Adams.
Action: Upon motion by Councilmember Amelio and seconded by Mayor Pro Tem Smith, the Council voted 7-0 to approve appointments, with terms in accordance with Charter and Ordinance, to City Boards, Committees, Commissions as listed below:
• Library Board -Karin Locke
• Planning Commission -David Sweigert
• Architectural Review Board -Sarah Boyle
• AEHOP -Kathleen Balke, Carmelita Garcia, Crystal Gaudette, Mary Goblirsch, John Carminati
• Task Force on DEI- Kim Bui, Bruce Doneux
• Economic Development Commission -Kelsea Richmond
• Historic Resources Committee -Jean Anton, Nina Grannis, Glynis Greening, Rick Steres
• Traffic Safety Commission -Lester Brown, Anthony Greening DRAFT PGCC 2-14-24
6 CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
9.B. Amending an Agreement with Robert Half International, Inc.
Action: Upon motion by Mayor Pro Tem Smith and seconded by Councilmember Amelio, the Council voted 7-0 to authorize the Mayor to sign an amendment to the agreement with Robert Half International, Inc. to provide temporary staffing services in an amount not to exceed $106,000.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
REGULAR AGENDA
11. PUBLIC HEARINGS
A. Appeal of Coastal Development Permit 23-0221 for 270 Central Ave (APN# 006-214-002) Mayor Peake opened the public hearing and defined it as a Quasi-Judicial Hearing.
Councilmember McDonnell reported ex parte communication with the Moe Ammar, Councilmember Amelio reported ex parte communication with Moe Ammar.
Planner Aaron Campbell presented to Council.
Appellant Anthony Ciani was allowed 10 minutes to present to Council.
Applicants Architect Hunter Eldridge was allowed 10 minutes to present to Council.
Public comments received from Moe Ammar, Inge Lorentzen Daumer, Lisa Ciani, Jeffrey Becom, and Lewis.
Applicant’s Architect Hunter Eldridge and Attorney Alex Lorca were allowed 5 minutes for rebuttal.
Appellant Anthony Ciani was allowed 5 minutes for rebuttal.
Mayor Peake closed the public hearing.
Action: Upon motion by Mayor Pro Tem Smith and seconded by Councilmember Amelio, Council voted the motion to deny the appeal, affirm the Planning Commission determination, and approve Coastal Development Permit (CDP) 23-0221 based on findings, conditions of approval, and Class 1 and Class 31 Categorical Exemptions (CEQA Guidelines Section 15301 - Existing Facilities and Section 15331 - Historical Resource Restoration/Rehabilitation), the motion was substituted by a motion from Councilmember Coletti.
Action: Upon motion by Councilmember Coletti Smith and seconded by Councilmember McDonnell, Council voted to deny the appeal, affirm the Planning Commission determination, and approve Coastal Development Permit (CDP) 23-0221 based on findings, conditions of approval, and Class 1 and Class 31 Categorical Exemptions (CEQA Guidelines Section 15301 - Existing Facilities and Section 15331 - Historical DRAFT PGCC 2-14-24
7 Resource Restoration/Rehabilitation), adding a condition to the CDP/Use Permit for monthly housekeeping reports to the City showing occupants utilizing the low cost units.
Motion failed 4-3, by the following roll call vote:
AYES: Councilmember Beck, Coletti, and McDonnell.
NOES: Mayor Peake, Mayor Pro Tem Smith, Councilmembers Amelio and Poduri.
ABSENT: None.
Council therefore voted on the original motion.
Action: Upon motion by Mayor Pro Tem Smith and seconded by Councilmember Amelio, Council voted to deny the appeal, affirm the Planning Commission determination, and approve Coastal Development Permit (CDP) 23-0221 based on findings, conditions of approval, and Class 1 and Class 31 Categorical Exemptions (CEQA Guidelines Section 15301 - Existing Facilities and Section 15331 - Historical Resource Restoration/Rehabilitation).
Motion carried 6-1, by the following roll call vote:
AYES: Mayor Peake, Mayor Pro Tem Smith, Councilmembers Amelio, Beck, McDonnell, and Poduri.
NOES: Councilmember Coletti.
ABSENT: None.
CEQA: Categorical Exemption, CEQA Guidelines Section 15301, Class I, Existing Facilities
B. Appeal of Coastal Development Permit 22-0264 for 111 10th St (APN 006-218-001-000) Mayor Peake opened the public hearing and defined it as a Quasi-Judicial Hearing.
No ex parte communication was reported.
Planner Aaron Campbell presented to Council.
Appellant Dan Rudolf and Representative were allowed 5 minutes to present to Council.
Applicant’s Designer Claudio Ortiz was allowed 10 minutes to present to Council.
Public comments received from Ethan Hare, Ruben Mendoza, Inge Lorentzen Daumer, Lisa Ciani, Rebecca Lee, and Jeffrey Becom.
Applicant’s Designer Claudio Ortiz was allowed 5 minutes for rebuttal.
Appellant Dan Rudolf and Representative Dale Ellis were allowed 5 minutes for rebuttal.
Appellant Anthony Ciani was allowed 5 minutes for rebuttal.
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8 Mayor Peake closed the public hearing.
Action: Upon motion by Councilmember Amelio and seconded by Mayor Pro Tem, Council voted to deny the appeal, affirm the Planning Commission determination, and approve Coastal Development Permit (CDP) 22-0264 based on findings, conditions of approval, and Class 1 and Class 31 Categorical Exemptions (CEQA Guidelines Section 15301 - Existing Facilities and Section 15331 - Historical Resource Restoration/Rehabilitation).
Motion carried 6-1, by the following roll call vote:
AYES: Mayor Peake, Mayor Pro Tem Smith, Councilmembers Amelio, Beck, Coletti, and Poduri.
NOES: Councilmember McDonnell.
ABSENT: None.
CEQA: Categorical Exemption, CEQA Guidelines Section 15301, Class I, Existing Facilities
12. UNFINISHED AND ONGOING BUSINESS
A. Public Comment at Meetings of Legislative Bodies By unanimous vote, this item was continued to the Council’s February 7, 2024 meeting.
Reference: Brian Pierik, City Attorney
Recommended Action: Discuss permissible public comment at meetings of legislative bodies and provide direction to the City Attorney to return to the Council with a Resolution amending Council Policy 000-017.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
13. NEW BUSINESS
A. Direct to City Attorney to return to the City Council with an ordinance to amend Pacific Grove Municipal Code Section 2.04.050 or other actions related to this Agenda item By unanimous vote, this item was continued to the Council’s February 7, 2024 meeting.
Reference: Nick Smith, Mayor Pro Tem
Recommended Action: Direct the City Attorney to return to the Council with an ordinance to amend Pacific Grove Municipal Code Section 2.04.050 or other actions related to this Agenda item.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
B. Boards, Committees and Commissions Handbook Revision This item was pulled from the Consent Agenda. By unanimous vote, this item was continued to the Council’s February 7, 2024 regular meeting.
Reference: City Manager Robert Perrault, City Attorney Brian Pierik, and Mayor Bill Peake
Recommended Action:
1. Direct the City Attorney to prepare a resolution adopting revised Boards, Committees and Commissions Handbook 1/17/24.
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9 2. Direct the City Manager and City Attorney to provide committee training.
3. Alternatively, discuss and take other action related to this item.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
14. FULL PRESENTATIONS
15. CLOSED SESSION
A. Conference with Legal Counsel – Existing Litigation Pursuant to Government Code Section 54956.9 (d)(1)
Name of Case Enayati v. City of Pacific Grove, Case No. 21CV002786 No public comment received.
ADJOURNMENT
Upon motion by Councilmember Coletti and seconded by Councilmember Amelio, Council voted 7-0 to adjourn the meeting at 10:10 p.m. continuing 12A, 13A and the new 13B (former 9C) to the Council’s February 7, 2024 meeting.
Respectfully Submitted,
Sandra Kandell
City Clerk
Approved by Mayor: _____________________________________________Date________________ Attest by Interim City Manager Pro Tempore: _________________________Date_________________ DRAFT PGCC 2-14-24
Agenda No. 6 A
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Robert Perrault, City Manager
MEETING DATE: February 14, 2024
SUBJECT: Adopt a Resolution Ratifying the Actions of the City Manager/ Emergency Services Director Declaring a State of Emergency and Authorizing the Mayor to Send a Letter to the Office of Emergency Services Requesting Assistance
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
Adopt a Resolution Ratifying the Actions of the City Manager/Emergency Services Director
DISCUSSION
Commencing on February 4th, the city was impacted by an atmospheric river event bringing winds approaching 80 miles per hour and torrential rains. The winds and rain impacted the city. There were a number of downed trees and power lines that cut power to the entire city. Coastal flooding closed several city streets. The downed power lines and debris made ingress and egress to the city nearly impossible. Emergency calls for service exceeded 100 calls on February 4th and 5th. The loss of power and lack of access impacted every resident and most businesses within our city for an extended period of time. Working with the County's Office of Emergency Services and State Parks, the city and its partners opened a warming and charging center that accommodated residents' basic needs for a number of days. At the suggestion of the Office of Emergency Services and Chiefs of Police and Fire, and acting as the City's Emergency Services Director, I issued a proclamation indicating that a state of emergency exists. This proclamation is in keeping with the Municipal Code which empowers the City Manager to take such action when the Council is not in session. The Municipal Code and State Law require the Council to ratify the City Manager's actions at its next regular meeting.
The attached resolution has been drafted for your approval. The resolution also authorizes the Mayor to send a letter requesting state assistance to California's Office of Emergency Services. Sending the letter will assist in opening the door for state programs that assist residents, businesses, and the city with funding costs associated with the event.
OPTIONS
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1. The Council could adopt the resolution as proposed.
2. Choose not to adopt the resolution.
3. Provide alternative direction.
FINANCIAL IMPACT:
The City is undergoing the process of analyzing costs associated with the event. Declaring the State of Emergency and sending the letter to the Office of Emergency Services will open the door for the City to be reimbursed for incurred costs.
FOCUSED PRIORITY AREA: Affordable Housing
Attachments
Proposed Resolution
PGCC 2-14-24
1 Resolution No. 24-XXX
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE
RATIFYING THE ACTIONS TAKEN BY THE CITY MANAGER / EMERGENCY
SERVICES DIRECTOR IN DECLARING THE EXISTENCE OF A STATE OF
EMERGENCY AND DIRECTING THAT A LETTER BE SENT SEEKING FUNDING
THROUGH THE CALIFORNIA DISASTER ASSISTANCE ACT
WHEREAS, The California Emergency Services Act (Government Code section 8630 et seq.) establishes procedures for proclaiming emergencies and for responding promptly to the needs that arise during emergencies; and
WHEREAS, Pacific Grove Municipal Code section 3.20.080 (a) (1) empowers the City Manager acting as the Emergency Services Director to proclaim the existence or threatened existence of a “local emergency if the Council is not in session and requires the City Council to ratify the proclamation at the next regular Council meeting; and WHEREAS, an atmospheric River event commencing on February 4, 2024, and continuing to the current time, has resulted in heavy rainfall, extremely strong winds, coastal flooding, and high surf hazards, all of which are threatening residents, public and private property. critical infrastructure, and transportation systems within the City of Pacific Grove; and WHEREAS, the City Manager of the City of Pacific Grove acting in his capacity as Emergency Services Director has determined that as of February 4,2024 a State of Emergency exists based on the following facts:
1. Heavy rainfall, extremely strong winds and coastal flooding have threatened the residents and businesses within Pacific Grove in the following manner:
a) Loss of safe ingress and egress throughout the city
b) Downed trees and power lines have disrupted basic utilities disabling electricity, and communication throughout the entire City.
c) Basic heat and power have been disabled.
d) The ability to communicate and document life threatening issues has been rendered inoperable.
e) Falling trees and debris have compromised the ability of residents to move around the city freely and safely.
f) Fallen trees have damaged residential dwellings to the point where they are no longer habitable.
g) Residents are unable to obtain the necessities of life. h) Emergency responses have been delayed especially on February 4, and 5, 2024 due to the high volume of calls,
i) Flooding and coastal hazards have created the potential to inundate the sewer collection and distribution system.
j) Businesses were rendered inoperable for extended periods of time.
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2 Whereas, the foregoing facts identify conditions that are likely to be beyond the control of the services, personnel, equipment and facilities of the City of Pacific Grove; and WHEREAS, the aforesaid conditions of extreme peril warrant and necessitate the proclamation of a local emergency and immediate action is necessary to mitigate public calamity and other effects of the emergency.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL O THE CITY OF PACIFIC GROVE:
1. The attached proclamation declaring the existence of a State of Emergency dated February 7, 2024 and signed by the City Manager is hereby ratified;
2. The Mayor is hereby authorized to sign the attached letter to the California Governor’s Office of Emergency Services requesting funding assistance through the California Disaster Assistance Act.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF PACIFIC GROVE this _____ day of February, 2024, by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
_______________________________
BILL PEAKE, Mayor
ATTEST:
DATED:_______________________
_______________________________
SANDRA KANDELL, City Clerk
APPROVED AS TO FORM:
_______________________________
BRIAN A. PIERIK, City Attorney
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Phone (831) 648-3106 ▫ Fax (831) 657-9361 ▫ www.cityofpacificgrove.org
CITY OF PACIFIC GROVE
300 Forest Avenue ▫ Pacific Grove, California
February 14, 2024
Ms. Nancy Ward, Director
California Governor’s Office
3650 Schriver Ave.
Mather, CA 95635
Re: Funding Assistance Through the California Disaster Assistance Act Dear Director Ward:
On February 4, 2024, Pacific Grove experienced extreme wind and rain conditions, leading to conditions of extreme peril to the safety of life and property. Due to this emergency, the city respectfully requests the Governor include the city in his proclaimed State of Emergency related to this February 2024 Storm and requests that recovery assistance be made available to the City under the California Disaster Assistance Act (CDAA).
Hurricane force winds, over 80 miles per hour, and torrential rains threatened residents, property, critical infrastructure, and key resources, throughout the City. According to Pacific Gas and Electric there were 181 power outages impacting the 15,000 City residents and shutting down businesses in the commercial areas of the city. Downed power lines and trees made ingress and egress throughout the city nearly impossible. In addition to the power outages most utilities were disrupted making communication between residents, businesses, and service providers extremely difficult. During February 4th and 5th over 100 calls for service were handled. This is an extremely high number for this small community. For an extended period, residents were unable to obtain the necessities of life. Working with the County of Monterey and State Parks, a warming and charging center was established at Asilomar State Park for a period of 4 days serving hundreds of residents. A total of six residential structures were compromised due to falling trees and were deemed by the city to be uninhabitable.
On February 7, 2024, the interim City Manager, using the City’s authorized emergency powers in accordance with the Municipal Code declared a State of Emergency. The City Council ratified this action on February 14th and authorized me to send this letter requesting the California’s Office of Emergency Services provide assistance with activating the FEMA Public Assistance Program, FEMA Individual Assistance Program, Small Business Administration Disaster Loan Program and the California Disaster Assistance Act (CDDA) fund. This assistance is vitally needed to assist the city, residents and businesses to recover from this devastating emergency.
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Re: Funding Assistance Through the California Disaster Assistance Act February 14, 2024
For questions or additional information, please contact Interim City Manager Robert Perrault at 831-648-3147 or [email protected].
Sincerely,
Bill Peake
Mayor
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Agenda No. 8 A
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Jazelle Johnson, Accountant
MEETING DATE: February 14, 2024
SUBJECT: Second Quarter Treasurer’s Quarterly Report
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
1. Receive the report.
2. Alternatively, discuss and take other action related to this item.
DISCUSSION
Article 19, Section (K) of the City Charter requires that a quarterly statement of all funds in the treasury be submitted to the Council. The Treasurer’s report allows the Council and public to verify that the City’s funds are invested in a safe and prudent manner, and that such investments comply with City policy and state law. The Treasurer’s Report is different from a budget report, as its purpose is to report on cash balances.
This report reflects the City’s balances as of December 31, 2023 and shows that cash and investments held citywide, with a market value of $ 33,724,029. All investments are in government securities, certificates of deposit (CD), or other approved investment vehicles. The maturity dates are laddered, to ensure liquidity. All bank balances are insured. The City does not actively trade either certificates of deposits or federal agency securities but hold investments in the portfolio for maturity.
Date Description Rate Dollar Amt/
Face Value Activity
10/30/23 Federal Home Ln Bank 4.77% $250,000 Purchase
11/21/23 Federal Farm Cr Bank 4.40% $500,000 Purchase
11/21/23 Federal Agric MTG Corp 4.50% $334,000 Purchase 12/06/23 Morgan Stanley Private Bk Natl, NY 3.55% 245,000 Maturity 11/08/23 Raymond James Bnk Natl Assn, FL 1.75% 247,000 Maturity PGCC 2-14-24
Investment Notes:
The average yield on the City’s portfolio for the quarter is 3.18%. This represents a yield rate that is 0.12% greater than the prior quarter and 0.76% greater in the same quarter of the prior year.
OPTIONS
N/A – This is an informational report.
FINANCIAL IMPACT:
There is no fiscal impact. This is informational only.
FOCUSED PRIORITY AREA: Not Applicable.
Attachments
Second Quarter Treasurers Report
PGCC 2-14-24
City of Pacific Grove
Treasurers' Report
As of December 31, 2023
DEPOSITORY ACCOUNT DESCRIPTION OF SECURITY
MATURITY
DATE
INTEREST
RATE/YIELD
DOLLAR/PAR
AMOUNT
MARKET
VALUE
State of California Local Agency Investment Fund (LAIF) Immediate 3.93% 12,000,854.17 12,000,854.17 12,000,854.17 12,000,854.17
Bank of America Checking Pooled Cash Immediate 0.00% 830,291.80 830,291.80 830,291.80 830,291.80
N/A Petty Cash General Immediate 0.00% 685.00 685.00
685.00 685.00
Concourse Financial Group Cash Dreyfus Govt Cash Mngt 4.99% 2,759,988.02 2,759,988.02 Concourse TVI Certificate of Deposit Alabama Cr Un Tuscaloosa Ala Sh Ctf 11/22/2024 4.90% 248,000.00 247,464.32 Concourse TVI Certificate of Deposit All In Fed Cr Un Daleville AL Sh Ctf 12/20/2027 4.40% 249,000.00 246,223.65 Concourse TVI Certificate of Deposit Alliant Cr Un Chicago Ill Sh Ctf 12/30/2027 4.85% 249,000.00 250,376.97 Concourse TVI Certificate of Deposit Ally Bk Sandy Utah 6/9/2026 3.00% 246,000.00 235,648.32 Concourse TVI Certificate of Deposit Amerant Bk Natl Assn Coral Gables FL 12/3/2025 0.45% 249,000.00 229,080.00 Concourse TVI Certificate of Deposit American Express Natl Bk 7/13/2027 3.25% 246,000.00 233,685.24 Concourse TVI Certificate of Deposit Austin Telco Fed Cr Un Tex Sh CTF 12/16/2026 4.95% 249,000.00 249,353.58 Concourse TVI Certificate of Deposit BMW Bk North Amer Salt Lake City Utah 11/20/2025 0.50% 249,000.00 229,754.79 Concourse TVI Certificate of Deposit BMO Harris Bk Natl Assn Chicago Ill 6/10/2024 2.80% 246,000.00 243,439.14 Concourse TVI Certificate of Deposit Bank Baroda New York Brh 7/22/2025 0.65% 249,000.00 233,081.43 Concourse TVI Certificate of Deposit Baxter Cr Un Vernon Hills Ill Sh CTF 11/30/2026 5.00% 248,000.00 248,736.56 Concourse TVI Certificate of Deposit Baycoast Bnk Swansea Mass CTF 1/24/2025 1.70% 247,000.00 238,238.91 Concourse TVI Certificate of Deposit Bridgewater Bk St Louis Pk, MN 11/28/2025 0.45% 249,000.00 229,226.91 Concourse TVI Certificate of Deposit Capital One Natl Assn McLean VA CTF 8/7/2024 2.25% 247,000.00 242,788.65 Concourse TVI Certificate of Deposit Capital One Natl Assn Glen Allen VA CTF 6/9/2025 3.00% 246,000.00 239,225.16 Concourse TVI Certificate of Deposit Celtic Bk Salt Lake City Utah 3/17/2027 4.70% 249,000.00 247,807.29 Concourse TVI Certificate of Deposit Comerica BK Dallas TX 5/3/2024 5.05% 238,000.00 237,762.00 Concourse TVI Certificate of Deposit Direct Fed Cr Un Needham Mass SH CTF 11/9/2026 4.75% 249,000.00 248,116.05 Concourse TVI Certificate of Deposit Discover BknGreenwood Del 6/7/2027 3.15% 246,000.00 233,087.46 Concourse TVI Certificate of Deposit Dort Finl CR Grand Blanc MI 1/12/2026 4.50% 247,000.00 245,678.55 Concourse TVI Certificate of Deposit 1ST Finl Bk Dakota Dunes SD 7/11/2024 2.90% 249,000.00 246,143.97 Concourse TVI Certificate of Deposit First Natl Bk Middle TENN 5/19/2027 4.45% 244,000.00 241,115.92 Concourse TVI Certificate of Deposit First Technology FED CR Mtn View CA 2/18/2025 4.85% 249,000.00 248,320.23 Concourse TVI Certificate of Deposit Flagstar BK Hicksville New York 4/24/2025 5.25% 243,000.00 243,631.80 Concourse TVI Certificate of Deposit Greenwood Cr Un Warwick RI SH CTF 5/28/2024 4.95% 248,000.00 247,828.88 Concourse TVI Certificate of Deposit Honolulu Fire Dept Fed CR UN 6/22/2027 4.65% 249,000.00 247,742.55 Concourse TVI Certificate of Deposit Ideal Cr Un Woodbury MN SH CTF 12/29/2027 4.50% 249,000.00 247,187.28 Concourse TVI Certificate of Deposit Industrial & Coml Bk China USA Natl Assn NY CTF 2/11/2026 0.45% 249,000.00 227,441.58 Concourse TVI Certificate of Deposit JPMorgan Chase BK NA Columbus OH CTF Dep 12/15/2025 0.50% 248,000.00 228,246.80 Concourse TVI Certificate of Deposit Latino Cmnty Cr Un Durham NC SH CTF 12/21/2027 4.50% 249,000.00 247,130.01 Concourse TVI Certificate of Deposit Liberty Fed Cr Un Evansville IN SH CTF 12/9/2024 4.90% 249,000.00 248,424.81 Concourse TVI Certificate of Deposit Liberty First Cr Un Lincoln Neb 1/20/2026 4.55% 249,000.00 247,874.52 Concourse TVI Certificate of Deposit Live Oak Bkg Co Wilmington NC CTF Dep 11/27/2024 1.85% 249,000.00 241,701.81 Concourse TVI Certificate of Deposit Lyons Natl BK NY 3/16/2026 4.75% 244,000.00 243,704.76 Concourse TVI Certificate of Deposit Manufacturers & Traders Buffalo NY 1/31/2025 4.50% 244,000.00 242,294.44 Concourse TVI Certificate of Deposit Medallion Bk Salt Lake City UTAH 6/16/2027 4.50% 249,000.00 246,532.41 Concourse TVI Certificate of Deposit Merrick Bk South Jordan Utah 1/31/2025 1.70% 249,000.00 240,265.08 Concourse TVI Certificate of Deposit Minnwest Bk Redwood Falls Minn Ctf Dep 7/15/2025 0.50% 249,000.00 232,551.06 Concourse TVI Certificate of Deposit Morgan Stanley Bk N A Salt Lake City Ut CTF 3/23/2028 4.90% 244,000.00 246,540.04 Concourse TVI Certificate of Deposit Mountain Amer Fed Cr Un West Jordan UT SH CTF 5/28/2024 5.00% 248,000.00 247,880.96 Concourse TVI Certificate of Deposit New York Cmnty Bk Westbury N Y 7/1/2026 0.70% 249,000.00 224,966.52 Concourse TVI Certificate of Deposit Preferred Bk Los Angeles Calif Ctf Dep 8/16/2024 2.00% 249,000.00 244,219.20 Concourse TVI Certificate of Deposit Signature FED Cr Un Alexandria VA 1/31/2028 4.40% 249,000.00 246,495.06 Concourse TVI Certificate of Deposit Southern Bk Poplar Bluff MO CTF DEP 11/8/2024 4.70% 249,000.00 248,081.19 Concourse TVI Certificate of Deposit Synchrony Bk Retail CTF Dep Citigroup Instl CTF Dep 12/10/2026 1.25% 248,000.00 223,666.24 Concourse TVI Certificate of Deposit Technology CR UN San Jose CA 1/21/2025 5.00% 248,000.00 247,680.08 Concourse TVI Certificate of Deposit Texas Exchange Bk SSB Crowley Ctf Dep 11/25/2025 0.60% 249,000.00 229,249.32 Concourse TVI Certificate of Deposit Truliant FED Cr Un Winston Salem NC 3/27/2026 5.00% 247,000.00 247,948.48 Concourse TVI Certificate of Deposit UBS Bk USA Salt Lake City Ut 6/23/2026 0.75% 249,000.00 225,222.99 Concourse TVI Certificate of Deposit US Alliance FCU Rye New York SH CTF 9/30/2027 4.00% 249,000.00 242,570.82 Concourse TVI Certificate of Deposit University Bk Ann Arbor MICH CTF DEP 11/30/2027 4.20% 249,000.00 244,415.91 Concourse TVI Certificate of Deposit Univest Natl Bk TR Souderton PA 5/5/2028 4.10% 249,000.00 244,298.88 Concourse TVI Certificate of Deposit Wells Fargo Bk N A Sioux Falls S D 5/1/2024 5.05% 238,000.00 237,762.00 Concourse TVI U.S. Treasury Securities United Sts Treas NTS 9/30/2025 0.60% 250,000.00 232,870.00 Concourse TVI U.S. Treasury Securities United Sts Treas NTS 5/31/2026 0.70% 250,000.00 230,860.00 Concourse TVI U.S. Treasury Securities United Sts Treas NTS 4/15/2025 3.35% 500,000.00 487,830.00 PGCC
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City of Pacific Grove
Treasurers' Report
As of December 31, 2023
DEPOSITORY ACCOUNT DESCRIPTION OF SECURITY
MATURITY
DATE
INTEREST
RATE/YIELD
DOLLAR/PAR
AMOUNT
MARKET
VALUE
Concourse TVI U.S. Government Bonds Federal Farm Cr Bks 1/11/2027 1.470% 530,000.00 489,036.30 Concourse TVI U.S. Government Bonds Federal Home Ln Bks 9/8/2028 4.770% 250,000.00 258,955.00 Concourse TVI U.S. Government Bonds Federal Farm Cr Bks 11/27/2028 4.400% 500,000.00 514,040.00 Concourse TVI U.S. Government Bonds Federal Agric MTG Corp 10/4/2027 4.500% 334,000.00 331,120.92 Total Concourse - General 18,492,988.02 18,082,610.82
TOTAL GENERAL INVESTMENTS 31,324,818.99 30,914,441.79
Concourse TVI Yount Cash Sweep Money Market Fund 4.99% 757.61 504.79 Concourse TVI Yount Fixed Income Bank Hapoalim B M New York BRH Ctf Dep 12/15/2025 0.50% 205,000.00 188,679.95 Concourse TVI Yount U.S.Treasury Securities United Sts Treas NTS 4/30/2024 2.50% 180,000.00 178,354.80 Concourse TVI Yount U.S. Government Bonds Federal Farm Cr Bks Cons Systemwide BDS 9/16/2025 0.55% 96,000.00 89,881.92 Concourse TVI Yount U.S. Government Bonds Federal Farm Cr Bks Cons Systemwide 5/13/2026 0.88% 170,000.00 156,862.40 Concourse TVI Yount U.S. Government Bonds Federal Farm Cr Bks Cons Systemwide BDS 1/11/2027 1.47% 97,000.00 89,502.87 Concourse TVI Yount U.S. Government Bonds Federal Agric Mtg Corp Medium Terms Nts Fed 1/15/2026 0.48% 95,000.00 88,135.30 Total Concourse - Endowments 843,757.61 791,922.03
TOTAL INVESTMENTS HELD FOR ENDOWMENTS 843,757.61 791,922.03 Umpqua Bank Money Market 0.01% 2,017,665.18 2,017,665.18 Total Umpqua Bank 2,017,665.18 2,017,665.18
TOTAL RESERVE INVESTMENT 2,017,665.18 2,017,665.18
GRAND TOTAL 34,186,241.78 33,724,029.00
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Agenda No. 8 B
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Tori Hannah, Administrative Services Director/Assistant City Manager MEETING DATE: February 14, 2024
SUBJECT: Second Quarter Budget Report.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
Receive the report.
DISCUSSION
The Administrative Services Department produces quarterly financial reports to assist in evaluating the City's fiscal condition. The attached report provides details on General Fund revenues and expenditures, as well as a summary related to enterprise funds.
The Fiscal Year 23/24 Mid-Year Budget update is planned to be presented at the February 21, 2024 Council Meeting, with a Special Budget Workshop following on February 28, 2024. This will provide the Council and community with an additional opportunity to review City finances.
City financial reports can also be accessed from the following link: City Finance Information
OPTIONS
N/A. This is informational only.
FINANCIAL IMPACT:
There is no fiscal impact. The report is informational only.
FOCUSED PRIORITY AREA: Not Applicable.
Attachments
FY 23.24 Second Quarter Budget Report
PGCC 2-14-24
City of Pacific Grove
Second Quarter Budget Report – Fiscal Year 23/24
Fund Summaries
The following tables provide an overview of current revenues and expenditures for each major fund. A summary of each fund, along with additional details on the General Fund are provided in the subsequent sections.
Revenues
FY 23/24
Amended
YTD
Transactions
% of
Budget
Prior YTD
Transactions
01 General Fund $31,263,187 $15,548,517 50% $14,651,598 74 Local Water Project 1,576,187 731,102 46% 415,859
75 Cemetery 656,500 320,770 49% 455,873
76 Sewer Fund 4,436,000 933,056 21% 80,447
77 Golf 731,500 235,938 32% 271,283
Expenditures
FY 23/24
Amended
YTD
Transactions
% of
Budget
Prior YTD
Transactions
01 General Fund $34,117,976 $15,135,134 44% $15,169,315 74 Local Water Project 1,636,449 392,168 16% 336,792
75 Cemetery 684,119 295,912 43% 287,034
76 Sewer Fund 5,771,105 1,049,391 18% 1,263,981
77 Golf 695,598 297,153 43% 191,663
General Fund Overview
The City continually monitors the budget on a regular basis. If any significant budgetary variances are identified, a budget amendment will be requested as part of the mid-year budget process; or through a separate budget amendment during the year.
Specific information related to major revenue categories and departmental expenditures are provided within this section.
General Fund revenues and expenditures are trending relatively consistent with the budgetary projections.
The Fiscal Year 23/24 quarterly revenues are $897,000 greater than the prior year. In Fiscal Year 22/23, there was an $800,000 interfund transfer of ARPA funds to assist with the pandemic revenue losses. In Fiscal Year 23/24, City finances were projected to stabilize, and supplementary funds were not needed to balance the budget. If the Fiscal Year 22/23 revenues are reduced by the one-time ARPA funds, the on-going revenues would be $1.7 million greater than the prior year. This annual increase can primarily be attributed to the addition of the new Measure A transactions and use tax (sales tax); a $277,882 single construction permit receipt, FEMA reimbursements, interest earnings, and increased tax performance. The annual increase in expenditures align with the planned budgetary projections. At the close of the second quarter, revenues exceeded expenditures by approximately $413,000.
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General Fund Revenues
The following chart provides an overview of the General Fund revenue receipts. All revenues are trending fairly consistent with the prior year or the annual budget. Any significant variances are listed below the chart.
Revenues
Amended
Budget
YTD
Transactions
% Used
/ Rec'd
Prior YTD
Transactions
Taxes:
Property Taxes $9,609,000 $5,521,808 57% $5,299,212
Transient Occupancy Tax 6,463,000 3,375,954 52% 3,237,205 Transient Use Licenses 99,000 1,197 1% 3,036
Sales and Use Tax 5,957,000 2,010,287 34% 1,602,735
Business License Tax 370,000 380,473 103% 233,779
Franchise Tax 1,585,000 324,116 20% 338,088
Utility User Tax 2,005,000 779,101 39% 795,159
Cannabis Tax 100,000 - 0% -
Other Tax 176,000 71,245 40% 77,134
Total Taxes $26,364,000 $12,464,181 47% $11,586,348
Other:
Licenses and Permits 838,000 851,660 102% 515,165
Intergovernmental 58,000 204,003 352% 6,717
Charges for Services 2,072,000 1,058,586 51% 999,361
Fines and Forfeitures 125,000 5,544 4% 97,134
Interest, Rents, Conc. 435,000 432,689 99% 269,185
Other Revenues 1,371,187 531,854 39% 377,688
Interfund Transfers - - - 800,000
Totals $31,263,187 $15,548,517 50% $14,651,598
Property Taxes
Property tax revenues are received primarily in December and April, with a minor receipt in June. The first property tax receipt was 4% or $223,000 greater than the prior year.
Sales Tax
The annual sales tax difference of $407,552 represents a 20% increase over the prior year. This is largely due to the addition of Measure A. This new tax became effective on October 1, 2022. Measure A receipts for Fiscal Year 22/23 will begin to appear in the third quarter.
Franchise and Utility Users Tax (UUT)
Franchise and Utility Users Tax receipts do not typically align with the percentage of the year that has elapsed.
The Franchise Taxes received through the second quarter represent one payment from refuse and cable providers, while the UUT amount represents five monthly payments. This is consistent with prior year reporting patterns.
Business License Taxes
The majority of Business License revenues are typically received at the beginning of the year. The annual difference of $146,694 is primarily related to the timing of receipts and accounting accrual entries. It is anticipated that these taxes will trend fairly consistently with prior year amounts and the budget.
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Cannabis Tax
In Fiscal Year 23/24, the City anticipated receiving a partial year of cannabis tax revenues. The budget will be amended at mid-year to allow for additional time to complete the regulatory framework, develop the associated fees, and later permit a storefront.
Licenses and Permits
Licenses and Permits are $336,495 or 39.5% greater than the prior year. Construction permits represent the largest source of revenue within this category. In Fiscal Year 23/24, the City received a single payment of $277,882 related to a construction permit for a hotel. This single receipt, as well as strong performance, contributed to the significant annual and budgetary difference.
Intergovernmental
Intergovernmental revenues can vary based on the timing of grant reimbursements. The revenues through the first two quarters of Fiscal Year 23/24 are approximately $146,000 greater than the budgeted amount and $197,000 more than the prior year. This increase can be largely attributed to the receipt of $150,000 in FEMA grant revenues to reimburse the City for the prior year winter storm operational costs.
Fines and Forfeitures
Revenues within this category vary. In Fiscal Year 22/23, the City received a single $80,414 payment related to a code enforcement case. In Fiscal Year 23/24, the City did not receive any significant one-time receipts.
Interest, Rents, and Concessions
Revenues are trending greater than the percentage of year elapsed primarily due to increased interest earnings and positive market value adjustments. The budget will be amended at mid-year to reflect the updated performance.
Other Revenues
Other revenues include water entitlement sales, indirect charges, unique one-time receipts, as well as various miscellaneous revenues. In Fiscal Year 23/24, 39% or $531,854 of the budgeted revenues have been received.
The Fiscal Year 23/24 Budget of $1.4 million includes $625,187 in developer promissory note proceeds for water entitlements. These revenues will be received upon the sale of each developed unit. In the first half of the fiscal year, the City received $125,000 in promissory note proceeds. These proceeds will be transferred to the Local Water Project Fund. These pass-through revenues contribute to the annual difference of $154,166.
Interfund Transfers
In Fiscal Year 22/23, a transfer of $800,000 in American Rescue Plan Act funds was appropriated to assist with revenue recovery. In Fiscal Year 23/24, no additional funds were needed to supplement operations.
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Expenditures
In the first half of the fiscal year, department expenditures may not trend with the percentage of year that has elapsed. The primary exception is the underlying salary and benefit costs, which are trending consistent with the number of completed payperiods. Additional information specific to departments are listed below the table.
Expenditures
FY 23-24
Amended
YTD
Transactions % of Budget
Prior YTD
Transactions
City Council 318,600 118,388 37% 151,239
City Manager 1,455,696 621,821 43% 515,464
City Attorney 1,144,480 198,059 17% 218,276
Economic Development 369,815 113,653 31% 31,432
Finance 1,450,956 676,884 47% 554,270
Information Services 1,034,941 414,198 40% 326,454
Police 8,347,338 3,868,413 46% 3,828,945
Fire 4,403,000 2,393,837 54% 2,316,052
Public Works 5,044,698 1,993,385 40% 1,847,120
Community Development 4,049,815 1,141,296 28% 760,968
Library 1,167,695 588,329 50% 554,531
Recreation 1,194,749 572,393 48% 404,067
Museum 337,400 164,575 49% 94,435
Subtotal $30,319,183 $12,865,231 42% $11,603,253
Capital Outlay 365,140 148,417 41% 891,011
Transfers to CIP Fund 850,000 425,000 50% 287,500
Debt Service 1,428,466 1,414,486 99% 2,225,551
Interfund Transfers 1,155,187 282,000 24% 162,000
Total Expenditures $34,117,976 $15,135,134 44% $15,169,315 City Manager
During the first two quarters of Fiscal Year 23/24, a partial payment for a separation agreement was allocated to the City Manager and Economic Development Department budgets. This expenditure, which was equivalent to one year of compensation; and was partially offset by staffing vacancies, contribute to the annual departmental variance.
Economic Development
The Economic Development Department expenditures are approximately $82,000 greater than the prior year; however they are 31% below the current year budget. The Fiscal Year 23/24 increase in expenditures reflects a percentage of the separation agreement compensation; the distribution of $20,000 in economic development grants, and $37,973 for contract costs associated with the Monterey County Convention and Visitor’s Bureau (MCCVB). The MCCVB charges were allocated to the City Council budget in the first half of Fiscal Year 22/23.
City Attorney
In the first half of the fiscal year, the City Attorney Department expenditures were 17% of the budgeted amount. The expended funds reflect three months of City Attorney contract services, as well as specialized legal services. The timing of billing and payments, as well as expenditures, are similar to the prior year.
PGCC 2-14-24
Finance
The Finance Department is trending relatively consistent with the budget. Variances between years reflect planned payments for the Comprehensive Fee Study and Cost Allocation Plan and the implementation of a new accounting pronouncement; and costs associated with the implementation of Measure A.
Information Technology (IT)
The Fiscal Year 23/24 IT expenditures are trending relatively consistent with the budget. The annual difference of $87,744 was primarily related to timing of contract services and software subscription payments.
Community Development
In the first half of the fiscal year, Community Development expenditures were 28% of the budgeted amount.
This budgetary difference reflects the addition of funds to support the amended 6th Cycle Housing Element contract, as well as operating costs for the remainder of the year. The year-to-date growth in expenditures was $380,328 or 33% more than the prior year. This annual difference represents approximately $287,000 in additional contract/professional services that are related to the timing of two monthly building contract service payments and the use of funds to support the Housing Element contract; and $72,000 in salaries and benefits related to filled positions.
Recreation
Recreation expenditures are trending relatively consistent with the budget; however they are $168,326 greater than the prior. This includes a planned increase in salaries and benefits to assist in ramping-up recreation programs and staffing to meet Council goals. In the first two quarters of the fiscal year, this accounts for approximately $148,000 of the annual difference in expenditures.
Capital Outlay
Capital outlay expenditures are approximately $743,000 less than the prior year. This is primarily due to the purchase of a new fire engine in Fiscal Year 22/23.
Debt Service
In Fiscal Year 23/24, the annual debt service payments were $811,065 less than the prior year. This difference is primarily related to a reduction in the City’s Pension Obligation Bond payment.
Interfund Transfers
In Fiscal Year 23/24, the budgeted transfers represent $625,187 in water entitlement revenues to the Local Water Project to assist with the repayment of the Sewer/LWP Interfund Loan; and $314,000 in transfers to the Public Safety Augmentation Fund for emergency dispatch services. The water entitlement revenues represent the proceeds from a developer promissory note. The $625,187 amount will be transferred upon receipt of the funds. The transfers within the first two quarters represent 50% or $157,000 of the annual transfer for emergency dispatch fees and $125,000 for the partial receipt of promissory note proceeds.
Other Funds
Local Water Project (LWP)
In Fiscal Year 23/24, the first two quarters of LWP revenues include a $125,000 transfer of water entitlement proceeds; and operating revenues of $606,102. The Fiscal Year 22/23 operating revenues for the same twomonth period were $368,859. This annual difference is primarily related to an increase in the recycled water fees to assist with fiscal sustainability efforts. This fee increase became effective on July 1, 2023; and adjusted the per gallon rate from $0.018 to $0.029. The annual expenditures were approximately $55,000 more than PGCC 2-14-24
the prior fiscal year. This increase is primarily related to a $125,000 payment to the Sewer fund for the Interfund Loan; net of the timing of contract service payments and decreased utility costs.
Cemetery
The Cemetery revenues and expenditures are trending relatively close to the budget. The first two quarters of Cemetery receipts were 49% of the budgeted amount; however they are approximately $135,000 less than the prior year. In Fiscal Year 22/23, the City added 36 new single burial sites; and sold ten sites within the first quarter. This contributed to the annual variance in sales. The Fiscal Year 23/24 first quarter revenues are more representative of a traditional level of sales.
Sewer Fund
In the first two quarters of Fiscal Year 23/24 Sewer revenues were $852,609 greater than the prior year. This revenue increase can be largely attributed to a single payment of Sewer Service Charges. In the prior year, these revenues were not received in the first two quarters. Factors that also contribute to the increase include greater investment earnings and a $125,000 payment from the Local Water Project to pay for debt service on the Sewer/LWP Interfund Loan. While the annual revenues were approximately 21% of the budgeted amount, this variance is consistent with revenue receipting patterns. The City contracts with Monterey One Water to collect sewer use fees. Due to the timing associated with collecting and remitting bi-monthly payments to the City, the amount of revenues received are not consistent with the percentage of the year that has elapsed. The Sewer Fund has sufficient fund balance to manage any cash flow requirements. The $398,445 reduction in expenditures is primarily related to the timing of capital project expenditures and the elimination of approximately $88,000 in pension obligation bond payments.
Golf Course
In the first half of the fiscal year, Golf Course revenues were $34,000 above the prior year primarily due to increased rental receipts; however they were also 32% below the budgeted amount. This budgetary variance is primarily related to a one-time percentage-based revenue that is received in the third quarter. It is anticipated that this receipt will assist in bringing the revenues into better alignment with the budget. The Fiscal Year 23/24 expenditures were $105,490 or 35% greater than the prior year. This annual increase in expendituresis primarily related to approximately $143,000 in recycled water charges, net of prior year capital expenditures. These new charges to the Golf Course Fund resulted from recycled water costs that were in excess of the lessee’s agreed upon cap. In this fiscal year, it is anticipated that there should be sufficient revenues and/or fund balance to support these increased costs. Additional information will be provided as part of the mid-year budget presentation.
PGCC 2-14-24
Agenda No. 8 C
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: James Minshew, Management Analyst
MEETING DATE: February 14, 2024
SUBJECT: Second Quarter FY 23/24 Purchase Order Report
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
1. Receive the FY 23/24 Second Quarter Purchase Order Report.
2. Alternatively, discuss and take other action related to this item.
DISCUSSION
The Second Quarter Purchase Order Report includes information on purchase orders that were issued under $40,000. This report is intended to be consistent with the reporting requirement in Section
2.16.160 of the City's Purchasing Systems and Procedures.
Purchase orders are required for purchases of supplies, services, materials, equipment, and contractual services over $5,000.
The Purchase Order Report includes:
Vendor name
Date the purchase order was issued
Description of the encumbered funds
Purchase order amount
Year-to-date expenses through the Second Quarter
OPTIONS
N/A - This is informational only
FINANCIAL IMPACT:
There is no financial impact associated with receiving this report.
FOCUSED PRIORITY AREA: Not Applicable.
Attachments
PGCC 2-14-24
Second Quarter Purchase Order Report
PGCC 2-14-24
Purchase Orders - Less Than $40,000
Second Quarter FY 23/24
PO DEPARTMENT DIVISION PROJECT VENDOR NAME DATE DESCRIPTION
PURCHASE ORDER
AMOUNT
YEAR TO DATE
EXPENSES STATUS
24000048 CITY ATTORNEY 111 ATKINSON, ANDELSON, LOYA, RUUD ROMO 9/27/23 FY24 LEGAL SERVICES 39,999.00 38,726.12 OPEN 24000064 CITY ATTORNEY 121 NOLAND, HAMERLY, ETIENNE & HOSS 10/04/23 LEGAL SERVICES - ENAYATI 21CV2786/22CV1 17,297.27 12,584.77 OPEN 24000142 CITY COUNCIL 101 ONE WORKPLACE L. FERRARI 12/18/23 CITY COUNCIL CHAMBER CHAIRS 39,841.06 39,841.06 CLOSED 24000047 CITY COUNCIL 101 RENNE PUBLIC MANAGEMENT GROUP 9/26/23 CARRY FORWARD PO 23000158 7,601.68 4,620.00 OPEN 24000140 CITY MANAGER 121 BEST BEST & KRIEGER ATTORNEYS 12/15/23 LEGAL SERVICES, DEVELOPMENT, REAL ESTATE 39,000.00 79.00 OPEN 24000006 CITY MANAGER 121 BRYCE CONSULTING INC. 7/19/23 COMPENSATION STUDY 8,151.00 7,885.00 OPEN 24000043 CITY MANAGER 121 CUSTOM INK 9/13/23 80 FLEECE VESTS WITH CITY LOGO 5,373.79 5,373.79 CLOSED 24000133 CITY MANAGER 121 GOOD CITY COMPANY 11/14/23 CITY-WIDE WILDLIFE & HABITAT PROTECTION 10,000.00 5,021.25 OPEN 24000046 CITY MANAGER 121 OPPENHEIMER INVESTIGATIONS GRP LLC 9/15/23 CONFIDENTIAL INVESTIGATION 25,000.00 5,076.50 OPEN 24000109 COMMUNITY DEVELOPMENT 201 BENEVATE INC 11/06/23 NEIGHBORLY SOFTWARE 9,700.00 - OPEN 24000105 COMMUNITY DEVELOPMENT 201 BEST BEST & KRIEGER ATTORNEYS 11/06/23 HOUSING POLICY CITY'S 6TH CYCLE HOUSING ELEMENT 30,094.50 - OPEN 24000108 COMMUNITY DEVELOPMENT 201 DECKARD TECHNOLOGIES, INC 11/06/23 SOFTWARE FOR SHORT TERM RENTALS 6,500.00 - OPEN 24000019 COMMUNITY DEVELOPMENT 201 TRC23-03 GOOD CITY COMPANY (1) 7/26/23 420 LA CALLE CORTE 17,130.00 15,653.75 OPEN 24000022 COMMUNITY DEVELOPMENT 201 TRC19-04 HR & ASSOCIATES (1) 7/28/23 ATC PLANNING SERVICES FY24 9,112.50 4,637.50 OPEN 24000094 COMMUNITY DEVELOPMENT 201 IWORQ SYSTEMS 11/06/23 IWORQ-ANNUAL LICENSING FOR PERMIT SOFTWARE 21,375.00 22,375.00 CLOSED 24000107 COMMUNITY DEVELOPMENT 201 R.L. HASTINGS & ASSOCIATES, LLC 11/06/23 ENVIRONMENTAL REVIEW FOR PROJECTS 600.00 - OPEN 24000092 COMMUNITY DEVELOPMENT 201 RINCON CONSULTANTS, INC 11/06/23 PROVIDE ON-CALL CEQA 20,000.00 - OPEN 24000090 COMMUNITY DEVELOPMENT 201 TRC23-03 RINCON CONSULTANTS, INC (1) 11/06/23 420 LA CALLE CORTE-INITIAL STUDY (IS) 15,218.50 15,217.25 OPEN 24000083 FINANCE 131 CENTRALSQUARE TECHNOLOGIES, LLC 10/25/23 SOFTWARE UPGRADE PROJECT 2,000.00 1,566.00 OPEN 24000146 FINANCE 131 CHAVAN & ASSOCIATES, LLP 12/22/23 IMPLEMENTATION ASSIST GASB 96, YEAR-END 26,000.00 13,425.00 OPEN 24000143 FIRE 351 CITY OF MONTEREY 12/18/23 WILDFIRE PROTECTION STUDY 33,117.33 33,117.33 CLOSED 24000071 INFORMATION TECHNOLOGY 133 CAPE ROMAIN SOLUTIONS INC 10/25/23 WATCHGUARD SOFTWARE SU 17,926.50 17,926.50 CLOSED 24000044 INFORMATION TECHNOLOGY 133 CITIES DIGITAL, INC 9/15/23 FY24 LASERFICHE CLOUD DOC MANAGEMENT 25,750.00 25,750.00 CLOSED 24000134 INFORMATION TECHNOLOGY 133 CLIENT FIRST CONSULTING GROUP, LLC 11/15/23 IT INFRASTRUCTURE HIGH AVAILABILITY ASSESSMENT 15,000.00 12,585.00 OPEN PGCC 2-14-24
Purchase Orders - Less Than $40,000
Second Quarter FY 23/24
PO DEPARTMENT DIVISION PROJECT VENDOR NAME DATE DESCRIPTION
PURCHASE ORDER
AMOUNT
YEAR TO DATE
EXPENSES STATUS
24000136 INFORMATION TECHNOLOGY 133 ESRI, INC. 11/21/23 ESRI GIS LICENSING REN 9,240.00 9,240.00 CLOSED 24000063 INFORMATION TECHNOLOGY 133 GEOGRAPHIC TECHNOLOGIES GROUP INC. 10/03/23 GIS SUPPORT SERVICES 10,000.00 - OPEN 24000018 INFORMATION TECHNOLOGY 133 GEOGRAPHIC TECHNOLOGIES GROUP INC. 7/26/23 GIS IMPLEMENTATION PHASE 2 26,350.00 4,040.00 OPEN 24000003 INFORMATION TECHNOLOGY 133 JCG TECHNOLOGIES INC 7/6/23 AGENDAQUICK, PUBLIC RECORDS, S-VIEW SOFTWARE 13,751.00 13,751.00 CLOSED 24000045 INFORMATION TECHNOLOGY 133 MK SOLUTIONS, INC. 9/15/23 LIBRARY SELF CHECKOUT KIOSK 9,372.50 4,659.19 OPEN 24000139 INFORMATION TECHNOLOGY 133 PROTELESIS 12/05/23 PHONE SYSTEM MAINT/UPG 7,323.07 7,323.07 CLOSED 24000005 INFORMATION TECHNOLOGY 133 QUEST SOFTWARE INC 7/19/23 KACE PRODUCTS REMOTE CONSULTING 3,916.20 3,916.20 CLOSED 24000004 INFORMATION TECHNOLOGY 133 SHI INTERNATIONAL CORP (2) 7/19/23 HPE SUPPORT RENEWALS 19,000.00 18,376.68 CLOSED 24000002 INFORMATION TECHNOLOGY 131 WELLS FARGO VENDOR FINANCE SERVICES 7/6/23 FY 23/24 CITYWIDE KONICA LEASE 15,550.00 7,710.53 OPEN 24000011 LIBRARY 401 BYWATER SOLUTIONS, LLC 7/25/23 KOHA HOSTING AND SUPPORT 8,166.00 8,166.00 CLOSED 24000012 LIBRARY 401 CALIFA GROUP 7/25/23 EBSCO DATABASE PACKAGE 9,183.16 9,183.16 CLOSED 24000014 LIBRARY 401 CASEWERKS, LLC 7/25/23 CUSTOM LOCAL HISTORY DISPLAY CASE 14,070.00 14,070.00 CLOSED 24000141 LIBRARY 401 CHRISTINE LEONORA CROZIER 12/18/23 INSTALL EXHIBIT 6,720.00 6,720.00 CLOSED 24000015 LIBRARY 401 CHRISTINE LEONORA CROZIER 7/25/23 ART CURATION & INSTALLATION 7,750.00 1,470.00 OPEN 24000013 LIBRARY 401 OVERDRIVE, INC. 7/25/23 DIGITAL BOOKS & MATERIALS 6,800.00 3,500.00 OPEN 24000034 LIBRARY 401 OVERDRIVE, INC. 8/3/23 DIGITAL BOOKS & MATERIALS 3,300.00 44.85 OPEN 24000010 LIBRARY 401 PACIFIC LIBRARY PARTNERSHIP 7/25/23 PLP MEMBERSHIP FEES 8,641.00 8,641.00 CLOSED 24000016 LIBRARY 401 VANESSA K SONNICHSEN 7/25/23 MOBILE OUTREACH VEHICLE METAL 9,165.50 9,165.50 CLOSED 24000147 POLICE DEPARTMENT 301 ANDREA M. MORELAND 12/27/23 BACKGROUND INVESTIGATIONS 19,429.27 7,453.48 OPEN 24000082 POLICE DEPARTMENT 301 ARAMARK UNIFORM & CAREER APPAREL 10/25/23 LINEN SERVICE 8,000.00 3,099.27 OPEN 24000070 POLICE DEPARTMENT 301 AT&T MOBILITY 10/24/23 DEPARTMENT CELLPHONES 25,000.00 9,312.35 OPEN 24000026 POLICE DEPARTMENT 301 ENTERPRISE FM TRUST 7/31/23 P.D. LEASED VEHICLES (4) 25,624.44 12,850.92 OPEN 24000120 POLICE DEPARTMENT 301 GOGOV, INC. 11/09/23 PERMIT SYSTEM 7,500.00 - OPEN 24000121 POLICE DEPARTMENT 301 IPS GROUP, INC 11/09/23 METER MAINTENANCE 10,000.00 5,672.00 OPEN 24000122 POLICE DEPARTMENT 301 IPS GROUP, INC 11/09/23 METER BANK FEES 25,000.00 1,195.88 OPEN PGCC 2-14-24
Purchase Orders - Less Than $40,000
Second Quarter FY 23/24
PO DEPARTMENT DIVISION PROJECT VENDOR NAME DATE DESCRIPTION
PURCHASE ORDER
AMOUNT
YEAR TO DATE
EXPENSES STATUS
24000123 POLICE DEPARTMENT 301 LEXIPOL LLC 11/09/23 LEXIPOL SUITE 13,000.00 7,067.51 OPEN 24000069 POLICE DEPARTMENT 301 MAACO COLLISION REPAIR & AUTO PAINT 10/18/23 POLICE VEHICLE REPAIR 5,551.74 5,551.74 CLOSED 24000077 POLICE DEPARTMENT 301 MPRSRU 10/25/23 REGIONAL RESPONSE TEAM 5,000.00 5,000.00 CLOSED 24000084 POLICE DEPARTMENT 301 SPCA OF MONTEREY COUNTY 10/30/23 COUNTY ANIMAL SHELTER 12,000.00 7,176.00 OPEN 24000125 POLICE DEPARTMENT 301 SPEAK WRITE BILLING DEPT 11/09/23 TRANSCRIPTION SERVICES 7,000.00 5,338.31 OPEN 24000126 POLICE DEPARTMENT 301 TRACNET CORPORATION 11/09/23 RECORDS MANAGEMENT SYSTEM 19,000.00 - OPEN 24000073 POLICE DEPARTMENT 301 VERIZON BUSINESS 10/25/23 PORT ACCESS 9,000.00 3,361.10 OPEN 24000074 POLICE DEPARTMENT 301 VERIZON WIRELESS 10/25/23 WIRELESS MOBILE CONNECTION 8,000.00 2,970.44 OPEN 24000135 PUBLIC WORKS 513 4LEAF 11/15/23 OUTDOOR DINING - LIGHTHOUSE 37,500.00 843.75 OPEN 24000101 PUBLIC WORKS 513 ALBION ENVIRONNMENTAL, INC. 11/06/23 ARCHEO MONITORING 12,603.52 759.83 OPEN 24000061 PUBLIC WORKS 513 ALLSTAR PAINTING & MAINT 10/03/23 ANIMAL KENNEL REPAIR 9,250.00 9,250.00 CLOSED 24000062 PUBLIC WORKS 513 ALLSTAR PAINTING & MAINT 10/03/23 PARKS & REC BUILDING 13,800.00 13,800.00 CLOSED 24000150 PUBLIC WORKS 513 BEAR ELECTRICAL SOLUTIONS 12/27/23 LOVERS POINT LIGHT REP 9,994.50 9,994.50 CLOSED 24000030 PUBLIC WORKS 513 BEAR ELECTRICAL SOLUTIONS 8/2/23 19TH & SUNSET CROSSWALK SAFETY 29,500.00 29,500.00 CLOSED 24000056 PUBLIC WORKS 513 BEAR ELECTRICAL SOLUTIONS 9/29/23 FY24 TRAFFIC SIGNAL MAINTENANCE 7,000.00 3,720.00 OPEN 24000038 PUBLIC WORKS 513 BRIAN WHITSON 8/21/23 FY23/24 JANITORIAL SERVICE - PG MUSEUM 23,100.00 12,945.00 OPEN 24000039 PUBLIC WORKS 513 BRIAN WHITSON 8/31/23 FY23/24 SUPPLEMENTAL CLEANING - CITY HALL 6,800.00 2,070.00 OPEN 24000113 PUBLIC WORKS 513 CALIFORNIA MARINE SANCTUARY FOUNDATION 11/06/23 ANNUAL WATER QUALITY 12,425.40 6,700.04 OPEN 24000114 PUBLIC WORKS 513 CALNON PAINTING 11/06/23 FIRE STATION PAINTING 6,875.00 6,875.00 CLOSED 24000115 PUBLIC WORKS 513 CALNON PAINTING 11/06/23 CHAUTAUQUA HALL BELL 5,175.00 - OPEN 24000130 PUBLIC WORKS 513 CHRISTOPHER DINNER HEATING INC 11/09/23 SHEET METAL REPLACEMENT 14,920.00 14,920.00 CLOSED 24000144 PUBLIC WORKS 513 COASTAL ROOFING AND SOLAR 12/21/23 CITY HALL ROOF REPAIR 16,646.00 16,646.00 CLOSED 24000100 PUBLIC WORKS 513 COMMERCIAL PUMP SERVICES INC 11/06/23 LWP EQUIPMENT 9,268.55 - OPEN 24000066 PUBLIC WORKS 513 CREEKSIDE CENTER 10/04/23 ANNUAL MONARCH SANCTUARY 10,000.00 7,050.00 OPEN 24000145 PUBLIC WORKS 513 DENISE DUFFY & ASSOCIATES, INC. 12/21/23 CRESPI POND BIOLOGICAL 5,448.00 - OPEN PGCC 2-14-24
Purchase Orders - Less Than $40,000
Second Quarter FY 23/24
PO DEPARTMENT DIVISION PROJECT VENDOR NAME DATE DESCRIPTION
PURCHASE ORDER
AMOUNT
YEAR TO DATE
EXPENSES STATUS
24000054 PUBLIC WORKS 513 GACHINA LANDSCAPE MANAGEMENT 9/28/23 FY23/24 PARK MOWING SERVICES 15,351.00 8,297.63 OPEN 24000053 PUBLIC WORKS 513 GHD INC 9/28/23 GHD LOVERS POINT PIER - CARRY FORWARD PO 8,789.56 1,196.21 OPEN 24000035 PUBLIC WORKS 513 HECTOR VARELAS 8/16/23 BATHROOM REPAIRS AT CHATAUQUA HALLL 20,394.00 20,394.00 CLOSED 24000059 PUBLIC WORKS 513 INTERSTATE TRAFFIC CNTL PROD 9/29/23 STREET PAINT FY23/24 12,000.00 11,603.21 OPEN 24000148 PUBLIC WORKS 513 KATHY'S LIFT TRUCK & LIGHTING SVC. 12/27/23 LIGHTPOLE REPLACEMENT 22,500.00 - OPEN 24000098 PUBLIC WORKS 513 MARK'S BARN AUTO BODY 11/06/23 PD02 - REPAIR 9,375.00 6,990.41 OPEN 24000129 PUBLIC WORKS 513 MARK'S BARN AUTO BODY 11/09/23 PD UNIT 2 REPAIRS 6,990.41 - OPEN 24000017 PUBLIC WORKS 513 MISSION LINEN SUPPLY INC. 7/26/23 FD LINEN CLEANING FY24 4,000.00 2,221.78 OPEN 24000008 PUBLIC WORKS 513 MISSION UNIFORM SERVICE INC. 7/24/23 LINEN & UNIFORM CLEANING CITYWIDE FY24 20,000.00 14,401.82 OPEN 24000131 PUBLIC WORKS 513 MONTEREY BAY PEST CONTROL, INC. 11/13/23 ANNUAL PEST CONTROL SERVICES 9,660.00 6,935.00 OPEN 24000111 PUBLIC WORKS 513 MONTEREY PENINSULA ENGINEERING,INC. 11/06/23 EMERGENCY SEWER WORK 21,588.00 - OPEN 24000127 PUBLIC WORKS 513 CIP18-46 MONTEREY PENINSULA ENGINEERING,INC. 11/09/23 POINT PINOS COASTAL TRAIL 37,953.00 11,875.00 OPEN 24000132 PUBLIC WORKS 513 MONTEREY PENINSULA ENGINEERING,INC. 11/14/23 EMERGENCY SEWER WORK 21,588.00 21,588.00 CLOSED 24000102 PUBLIC WORKS 513 MY PRO DRY LLC 11/06/23 CITY HALL VENT CLEANING 6,000.00 - OPEN 24000049 PUBLIC WORKS 513 MY PRO DRY LLC 9/27/23 FIRE DEPT DUCT CLEANING FY24 6,000.00 1,350.00 OPEN 24000097 PUBLIC WORKS 513 NEILL ENGINEERS CORP. 11/06/23 FY23/24 ENGINEERING REPORT 12,000.00 2,000.00 OPEN 24000118 PUBLIC WORKS 513 NEILL ENGINEERS CORP. 11/06/23 NEIL ENGINEERS RETAINER 12,000.00 2,000.00 OPEN 24000080 PUBLIC WORKS 513 RENTAL DEPOT MONTEREY 10/25/23 RENTAL EQUIPMENT 13,000.00 9,685.00 OPEN 24000093 PUBLIC WORKS 513 REPUBLIC ELEVATOR, INC. 11/06/23 ELEVATOR REPAIRS AT YOUTH CENTER 10,511.00 2,047.08 OPEN 24000116 PUBLIC WORKS 513 REPUBLIC ELEVATOR, INC. 11/06/23 ELEVATOR INSPECTIONS 8,200.00 2,047.08 OPEN 24000075 PUBLIC WORKS 513 RINCON CONSULTANTS, INC 10/25/23 ARCHEO PROTOCOL - PO CARRYFORWARD 4,477.25 2,035.00 OPEN 24000119 PUBLIC WORKS 513 RINCON CONSULTANTS, INC 11/06/23 ARCHAEOLOGICAL & TRIBAL 7,921.04 - OPEN 24000001 PUBLIC WORKS 513 SENTRY ALARM SYSTEMS INC. 7/6/23 FY 23/24 ALARM SERVICES 19,674.00 19,674.00 CLOSED 24000149 PUBLIC WORKS 513 STATE WATER RESOURCES CONTROL BOARD 12/27/23 STATE PERMITS & FEES 22,000.00 18,100.00 OPEN 24000065 PUBLIC WORKS 513 STRESSCRETE 10/04/23 DOWNTOWN STREET LAMPS 16,694.60 16,694.60 CLOSED PGCC 2-14-24
Purchase Orders - Less Than $40,000
Second Quarter FY 23/24
PO DEPARTMENT DIVISION PROJECT VENDOR NAME DATE DESCRIPTION
PURCHASE ORDER
AMOUNT
YEAR TO DATE
EXPENSES STATUS
24000099 PUBLIC WORKS 513 TERMCO SPRAY TECHNOLOGY 11/06/23 B&G EQUIPMENT - SPRAYER 5,623.46 - OPEN 24000137 PUBLIC WORKS 513 TOM'S SITE SERVICES 11/29/23 FY 23/24 PORTAPOTTY RENTALS 4,283.99 4,283.99 CLOSED 24000042 PUBLIC WORKS 513 TOM'S SITE SERVICES 9/11/23 FY 23/24 PORTAPOTTY RENTALS - PUBLIC 4,569.51 4,569.51 CLOSED 24000117 PUBLIC WORKS 513 CIP24-05 TOPE'S TREE SERVICE 11/06/23 GWP TREE WORK CIP24-05 9,860.00 9,860.00 CLOSED 24000050 PUBLIC WORKS 513 WISS, JANNEY, ELSTNER ASSOC., INC. 9/27/23 CIP23-17 CHAUTAUQUA HALL PRESERVATION 37,250.00 29,935.88 OPEN (1) This contract is reimbursed through an agreement.
(2) Reviewing contract details and purchases, adjustment may be pending.
PGCC 2-14-24
Agenda No. 8 D
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Tori Hannah, Administrative Services Director/Assistant City Manager MEETING DATE: February 14, 2024
SUBJECT: Second Quarter 23/24 Workers' Compensation Report CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
1. Receive the report.
2. Alternatively, discuss and take other action related to this item.
DISCUSSION
On November 4, 2015, the Council approved a five-year Workers’ Compensation phased refunding plan to bring the designated internal service fund into compliance with the Council’s Budget and Financial Management Policy. At that time, Staff recommended that Council receive a quarterly status report on case statistics and Workers’ Compensation Fund balances. Case statistics for the quarter ending December 31, 2023 is included in Attachment 1.
The City Workers’ Compensation program is a type of insurance that provides compensation and medical care for employees who become injured during the course of their employment. The City is now a member of the California Joint Powers Insurance Authority (CJPIA). This Authority provides excess Workers’ Compensation liability coverage above the City’s self-insured retention amount of $150,000 per occurrence. Workers’ Compensation provides for: Payments in place of wages functioning as a type of disability insurance, compensation for past and future economic loss, reimbursement or payment of medical expenses, and benefits payable to the dependents of workers killed during employment functioning as a form of life insurance.
OPTIONS
N/A - Informational only.
FINANCIAL IMPACT:
There is no financial impact. This is informational only.
FOCUSED PRIORITY AREA: Not Applicable.
Attachments
PGCC 2-14-24
Fiscal Year 23/24 Second Quarter Workers Comp. Report
PGCC 2-14-24
City of Pacific Grove
Second Quarter Workers’ Compensation Statistics – Fiscal Year 23/24 Projected Fund Balance
The Workers’ Compensation Internal Service Fund (ISF) is used to separately budget and account for services provided to General Fund departments, as well as Enterprise Funds. Contributions to the ISF are calculated on a cost recovery basis, with charges apportioned to City departments based on claim trends and number of participants.
The status of the internal service fund for Workers’ Compensation is provided in the tables below.
Workers’ Compensation Fund (Fund 71) Amount
Preliminary Fund Balance, July 1
st, 2023 $ 286,266
Revenues: Through December 31, 2023 $269,647
Expenditures: Through December 31, 2023 ($579,740)
Preliminary Estimated Fund Balance, Second Quarter ($23,827) The Workers’ Compensation expenditures through the second quarter of FY 23/24 represent approximately 79% of the budgeted amount. The higher percentage of expenditures are related to a one-time insurance premium payment due at the beginning of the Fiscal Year, as well as a Council-approved compromise and release settlement of $100,000. A budget amendment may be needed as part of the Mid-Year Budget process to fund the unanticipated settlement. The revenues reported represent approximately 37% of the budgeted amount; and reflect departmental contributions and excess claim refunds. The estimated ending fund balance is anticipated to be positive at the end of Fiscal Year 23/24.
Cumulative Claims Outstanding
The City meets quarterly with the City’s third-party administrator to evaluate and proactively manage claims. At the close of the second quarter, the number of outstanding claims decreased by two to 47. This included an increase of one claim in the Future Medical/Litigated category and a decrease of three claims in the Disability or Lost Time/Non-Litigated classification.
Summary of Open/Reopen Claims as of 12/31/2023
Non-Litigated Litigated Total
Future Medical 15 16 31
Disability or Lost Time 9 4 13
Medical Only 3 0 3
First Aid 0 0 0
Total Open Claims 27 20 47
PGCC 2-14-24
New Claims – Second Quarter
In the second quarter of the Fiscal Year 23/24, there
were three new claims from the Police Department and
one new claim from the Recreation Department. The
adjacent chart provides an overview of the claims by
cause. Although Covid 19 represents the highest number
of claims for the fiscal year to date, many of these
incidents are filed for reporting purposes only. While
there were sixteen new claims were filed within this
fiscal year, there were only three open at the end of the second quarter.
In the first two quarters of FY 23/24, several training opportunities have taken place, including but not limited to, ergonomics, driver safety, ladder safety and hot
works safety. Staff continue to work with CJPIA on a review and update of City safety policies, as well as training courses.
The 2024 Safety Awareness Calendar is planned to be distributed at the Annual Employee Safety Program Luncheon scheduled in early February.
The table listed below provides a comparison of claims over the last two fiscal years. In Fiscal Year 23/24, there are five more claims when compared to the prior Fiscal Year.
New Claims by Type
Quarter to Date Year to Date
Current Year Prior Year Current Year Prior Year
New Claims Received During the Period
Disability or Lost Time 2 - 13 8
Medical - - 5 1
First Aid 2 2 2 2
Total Claims by Type 4 2 16 11
\
The following chart provides an overview of quarterly trends. 0 5
10 15
20 25
30 35
Q1 2021-22 Q2 2021-22 Q3 2021-22 Q4 2021-22 Q1 2022-23 Q2 2022-23 Q3 2022-23 Q4 2022-23 Q1 2023-24 Q2 2023-24 Total Claims Reported by Period
First Aid Disability / Lost Time Medical Only
Fall, Slip,
Trip
3 Struck by or
Injury by
Object
1 COVID-19
6 Inhalation
of Gases,
Fumes, or
Vapors
2 Motor
Vehicle
Collision
2 Strain
2 Other
4 Injuries by Cause - Fiscal Year to Date
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Agenda No. 8 E
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Joyce Halabi, Deputy Public Works Director
MEETING DATE: February 14, 2024
SUBJECT: Safety Lighting at Robert Down Elementary School Project CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
1. Receive Report
2. Alternatively, discuss and take other action related to this item.
DISCUSSION
As part of the FY22/23 Capital Improvement Plan (CIP), the Council approved the "Wig Wag Lights at Robert Down” project. The project was approved with a $20,000 budget derived from American Rescue Plan Act (ARPA) funding. The purpose of the project is to enhance safety for all users of the roadway.
The proposed scope of work for the project, submitted by the City’s Traffic Safety Commission, included the installation of “Wig-Wag” lights to the crosswalks in front of Robert Down Elementary School. The vision was for the lights to be similar to those located adjacent to the Lovers Point Coastal Access Project, at the corner of Ocean View Blvd and Forest Ave.
At the June 7, 2023, City Council meeting, staff reported to the council that an initial assessment of the intersection by the traffic engineer revealed that wig-wag lighting would be counterproductive to pedestrian safety and would not improve conditions. The Council discussed the project and asked City staff to analyze the potential for inclusion of any type of alternative safety lighting. The project was subsequently renamed as Safety Lighting at Robert Down Elementary School.
Following this meeting, Staff re-engaged the City’s on-call traffic engineer to review the intersection and recommend appropriate safety treatments, including any potential for safety lighting. An overview of the Traffic Engineer’s assessment is provided below.
Ultimately, the Traffic Engineer has recommended several improvements to reduce driver confusion and improve safety for all roadway users. The improvements largely focus on reconfiguring the area to enhance safety; the safety improvements do include the installation of flashing stop sign at the reconfigured intersection. No additional safety lighting is proposed due it’s likelihood to further create confusion and distraction for drivers.
Below is a high-level overview of the traffic engineer's assessment of the current conditions and PGCC 2-14-24
Below is a high-level overview of the traffic engineer's assessment of the current conditions and recommended treatments.
Current Conditions
Current traffic conditions on Pine Street in the vicinity of Robert Down Elementary School include:
School crosswalks at Pine / Fountain with all-way stop control, Uncontrolled school crosswalk with a crosswalk warning system at Pine / 15th Street, and Uncontrolled school crosswalk with a crosswalk warning system at Pine / 13th Street.
The Police Department has reported numerous incidents of eastbound drivers failing to stop at the stop sign on Pine Street at Fountain Avenue, which were confirmed by the Traffic Engineer’s observations.
The Traffic Engineer further observed that the visual presence of the stop signs and stop markings were overwhelmed by the numerous fluorescent yellow-green school warning signs and flashing yellow crosswalk warning systems at each of the uncontrolled intersections of Pine / 15th Street and Pine / 13th Street. Eastbound drivers were observed failing to stop at Fountain, did not appear to intentionally run the stop signs, but did not recognize the stop controls.
For this reason, the Traffic Engineer recommends the following proposed improvements to reduce driver confusion within the school zone and in school crosswalks on Pine Street.
Pine Avenue & Fountain Intersection
Relocate the all-way stop control (the stop on Pine at Fountain) to Pine at 15th Street Remove the remaining uncontrolled school crosswalks across Pine at Fountain.
Retain stop signs and crosswalks across Fountain, at the Pine Ave intersection Pine Avenue &15th Street Intersection
Remove the yellow crosswalk warning system and extra school warning signs Per Manual on Uniform Traffic Control Devices (MUTCD) Standards, yellow flashing warning lights cannot be placed at a controlled intersection; a flashing red stop sign will be installed at the newly controlled intersection.
Install 48” stop signs with red flashing lights, along with stop and stop ahead markings on each approach of Pine / 15th Street.
This will also include various marking improvements to:
Adjust the lane widths on Pine Street to enhance driver visibility of pedestrians waiting to cross Pine Street.
Notify drivers of upcoming movements (stop signs)
The results of these actions will fully control the school crosswalk at Pine / 15th Street for safer pedestrian crossings, eliminate unnecessary warning signs on the approaches to reduce driver confusion and increase the visual conspicuity of the all-way stop at the west boundary of Robert Downs School.
One crosswalk warning system will remain at Pine / 13th Street at the east boundary of the school.
Attachment 1, provides the Traffic Engineer’s drawings for the improvements.
NEXT STEPS
Staff has incorporated these safety elements into the annual crack and slurry seal project. This will allow the existing striping to be removed, the intersection to be crack sealed and slurried, and subsequently striping to implement the above-referenced intersection improvements.
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Engineering for these safety improvements is complete. The crack and slurry seal project is scheduled to be released in early February. The bid period will close in early March and be subsequently brought before the City Council for contract award.
OPTIONS
Provide alternative direction.
FINANCIAL IMPACT:
There is no fiscal impact associated with receiving this report. The $20,000 ARPA project funding will be used to fund these improvements via the annual crack and slurry seal, as noted above.
FOCUSED PRIORITY AREA: Infrastructure
Attachments
Pine Ave Traffic Safety Improvements
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Agenda No. 8 F
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Alyssa Kroeger, Housing Program Manager
MEETING DATE: February 14, 2024
SUBJECT: Housing Element Monthly Status Update
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
1. Receive the report.
2. Alternatively, discuss and take other action related to this item.
DISCUSSION
On December 20, 2023, City Council approved the first amendment to the contract with Rincon Consultants for the preparation of the Housing Element Update (HEU), HEU-related General Plan Amendments, HEU-related Zoning Amendments and Environmental Impact Report (EIR). Immediately after, City Staff and Rincon began/continued work on the following tasks:
Revised the Submitted Draft 6th Cycle Housing Element based on preliminary feedback from HCD; Gathered, summarized and shared public comments with HCD and the community via email and website postings;
Ongoing coordination and communication with HCD during their 90-day review period (See attached formal comment letter from HCD, dated January 31, 2024); Internal EIR kick-off meeting on January 5, 2024;
Publication of the Notice of Preparation (NOP) for the EIR on January 26, 2024, which opens the 30-day public comment period on the scope of the EIR (Jan. 26 – Feb. 26, 2024); EIR Public Scoping Session scheduled with the Planning Commission on February 15, 2024, for receipt of verbal comments on the scope of the EIR (written comments on the scope may be submitted to the Housing Division ATTN: Alyssa Kroeger or via email to [email protected] anytime during the 30-day comment period).
Staff will provide a monthly status update to the Council throughout the process, leading to an adopted and certified Housing Element. For more information, please visit the Housing Element Webpage:
https://www.cityofpacificgrove.org/our_city/departments/community_development/housing/housing_element.php
OPTIONS
N/A - This is information only.
FINANCIAL IMPACT:
There is no fiscal impact associated with receiving this report.
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FOCUSED PRIORITY AREA: Affordable Housing
Attachments
HCD Comment Letter 1/31/2024
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STATE OF CALIFORNIA - BUSINESS, CONSUMER SERVICES AND HOUSING AGENCY GAVIN NEWSOM, Governor
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
DIVISION OF HOUSING POLICY DEVELOPMENT
2020 W. El Camino Avenue, Suite 500
Sacramento, CA 95833
(916) 263-2911 / FAX (916) 263-7453
www.hcd.ca.gov
January 31, 2024
Alyssa Kroeger, Housing Program Manager
Community Development Department
City of Pacific Grove
300 Forest Avenue
Pacific Grove, CA 93950
Dear Alyssa Kroeger:
RE: City of Pacific Grove’s 6th Cycle (2023-2031) Draft Housing Element Thank you for submitting the City of Pacific Grove’s draft housing element received for review on November 2, 2023, along with revisions received on January 26, 2024.
Pursuant to Government Code section 65585, the California Department of Housing and Community Development (HCD) is reporting the results of its review. Our review was facilitated by a conversation on January 10, 2024, with you, Joe Sidor, Robert Perrault, Veronica Tam, and Mary Wagner. In addition, HCD considered comments from LandWatch and David Kellogg pursuant to Government Code section 65585, subdivision (c).
The draft element, with revisions, addresses many statutory requirements; however, revisions will be necessary to comply with State Housing Element Law (Gov. Code, § 65580 et seq). The enclosed Appendix describes the revisions needed to comply with State Housing Element Law.
For your information, pursuant to Assembly Bill 1398 (Chapter 358, Statutes of 2021), if a local government fails to adopt a compliant housing element within 120 days of the statutory deadline (December 15, 2023), then any rezoning to make prior identified sites available or accommodate the regional housing needs allocation (RHNA) shall be completed no later than one year from the statutory deadline pursuant to Government Code sections 65583, subdivision (c) and 65583.2, subdivision (c). Otherwise, the local government’s housing element will no longer comply with State Housing Element Law, and HCD may revoke its finding of substantial compliance pursuant to Government Code section 65585, subdivision (i). Please be aware, if the City fails to adopt a compliant housing element within one year from the statutory deadline, the element cannot be found in substantial compliance until these rezones are completed.
Public participation in the development, adoption and implementation of the housing element is essential to effective housing planning. Throughout the housing element PGCC 2-14-24
Alyssa Kroeger, Housing Program Manager
City of Pacific Grove’s 6th Cycle (2023-2031) Draft Housing Element Page 2 January 31, 2024
process, the City should continue to engage the community, including organizations that represent lower-income and special needs households, by making information regularly available and considering and incorporating comments where appropriate. Please be aware, any revisions to the element must be posted on the local government’s website and to email a link to all individuals and organizations that have previously requested notices relating to the local government’s housing element at least seven days before submitting to HCD.
Several federal, state, and regional funding programs consider housing element compliance as an eligibility or ranking criteria. For example, the CalTrans Senate Bill (SB) 1 Sustainable Communities grant, the Affordable Housing and Sustainable Communities program, and HCD’s Permanent Local Housing Allocation consider housing element compliance and/or annual reporting requirements pursuant to Government Code section 65400. With a compliant housing element, the City will meet housing element requirements for these and other funding sources.
For your information, some general plan element updates are triggered by housing element adoption. HCD reminds the City to consider timing provisions and welcomes the opportunity to provide assistance. For information, please see the Technical Advisories issued by the Governor’s Office of Planning and Research at:
https://www.opr.ca.gov/planning/general-plan/guidelines.html.
HCD appreciates the effort and cooperation the City’s housing element team provided during the review. We are committed to assisting the City in addressing all statutory requirements of State Housing Element Law. If you have any questions or need additional technical assistance, please contact Mao Lee, of our staff, at [email protected].
Sincerely,
Paul McDougall
Senior Program Manager
Enclosure
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City of Pacific Grove’s 6th Cycle (2023-2031) Draft Housing Element Page 1 January 31, 2024
APPENDIX
CITY OF PACIFIC GROVE
The following changes are necessary to bring the City’s housing element into compliance with Article 10.6 of the Government Code. Accompanying each recommended change, we cite the supporting section of the Government Code.
Housing element technical assistance information is available on HCD’s website at https://www.hcd.ca.gov/planning-and-community-development/hcd-memos. Among other resources, the housing element section contains HCD’s latest technical assistance tool, Building Blocks for Effective Housing Elements (Building Blocks), available at https://www.hcd.ca.gov/planning-and-community-development/housing-elements/buildingblocks and includes the Government Code addressing State Housing Element Law and other resources.
A. Review and Revision
Review the previous element to evaluate the appropriateness, effectiveness, and progress in implementation, and reflect the results of this review in the revised element. (Gov. Code, § 65588 (a) and (b).)
As part of the evaluation of programs in the past cycle, the element must also provide an explanation of the effectiveness of goals, policies, and related actions in meeting the housing needs of special needs populations (e.g., elderly, persons with disabilities, large households, female-headed households, farmworkers, and persons experiencing homelessness). Programs should be revised as appropriate to reflect the results of this evaluation.
B. Housing Needs, Resources, and Constraints
1. Affirmatively further[ing] fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2…shall include an assessment of fair housing in the jurisdiction. (Gov. Code, § 65583, subd. (c)(10)(A).) Fair Housing Enforcement and Outreach: While the element describes the City as having not been found in violation of fair housing laws, it should also describe how the City proactively complies with existing fair housing laws and regulations. For additional information, please see pages 28-30 on HCD’s Affirmatively Furthering Fair Housing (AFFH) Guidance Memo at https://www.hcd.ca.gov/communitydevelopment/affh/docs/AFFH_Document_Final_4-27-2021.pdf.
Disparities in Access to Opportunity: The element reports data on disparities in access to education, economic, and environmental opportunities. However, the element should also address disparities in access to transportation opportunities, including accessibility and combined transportation and housing costs experienced by protected groups. Please refer to page 35 of the AFFH guidebook (link: https://www.hcd.ca.gov/communitydevelopment/affh/docs/AFFH_Document_Final_4-27-2021.pdf).
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City of Pacific Grove’s 6th Cycle (2023-2031) Draft Housing Element Page 2 January 31, 2024
Disproportionate Housing Needs (Substandard Housing Conditions): While the element included some data regarding housing conditions, it must also identify any concentrations of substandard housing units or concentrations of older units in need of rehabilitation at the local level.
Disproportionate Housing Needs (Homeless): The element included data on the number of homeless individuals in the City but should also describe any concentrations of homeless individuals in the City. The analysis should also include proximity to transit and services.
Identified Sites and AFFH: While the element provides some analysis regarding how sites AFFH, it should quantify the number of units by income category and location in the City. For example, the element can describe the data by neighborhood. Then, the element should evaluate the impacts of identified sites on existing patterns, including addressing any isolation of the regional housing need allocation (RHNA) by income group, lack of identified sites by income groups in any areas of the City and whether the identification of sites improves or exacerbates existing patterns of socio-economic characteristics.
Contributing Factors to Fair Housing Issues: Upon a complete analysis of AFFH, the element should re-assess and prioritize contributing factors to fair housing issues.
2. An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites. (Gov. Code, § 65583, subd. (a)(3).)
Sites Inventory: The element identifies sites in the inventory with the same address with different anticipated developments (Sites 7 and 8). The element should provide additional information on whether these are the same or different parcels.
Realistic Capacity: The element mentions an assumption of 70 percent of maximum allowable densities to calculate residential capacity on identified sites and includes a few examples of recent developments. However, it is unclear how the City determined this number absent a reference to Table 2-3. Therefore, the element should include additional and clear supporting information on typical densities of existing or approved residential developments at a similar affordability level. For example, the element could clearly list other recent projects, the zone, acreage, built density, allowable density, level of affordability and presence of exceptions such as a density bonus. In addition, the element must look at the total development (residential and nonresidential) when factoring the realistic capacity for zones that allow for nonresidential uses.
As mentioned above, the element assumes 70 percent of maximum allowable density on sites; however, the element lists various sites that are assumed to redevelop at 100 percent the maximum allowable density without a clear analysis of how this was determined. The element must first establish a realistic capacity assumption for sites, then apply this assumption to sites to determine whether there are sufficient suitable PGCC 2-14-24
City of Pacific Grove’s 6th Cycle (2023-2031) Draft Housing Element Page 3 January 31, 2024
sites for the planning period. Upon a complete analysis, the element may need to add or modify programs to offset a shortfall of suitable sites to meet the RHNA.
Suitability of Nonvacant Sites: The element identified nonvacant sites to accommodate the regional housing need for households of all incomes (p. 2-6). However, a complete analysis should describe the methodology used to determine the additional development potential within the planning period. The methodology must consider factors including the extent to which existing uses may impede additional residential development, development trends, market conditions, and regulatory or other incentives or standards to encourage additional residential development on these sites. (Gov.
Code, § 65583.2, subd. (g).) For sites with residential uses, the inventory could also describe structural conditions or other circumstances and trends demonstrating the redevelopment potential to more intense residential uses. For nonresidential sites, the inventory could also describe whether the use is operating, marginal or discontinued, and the condition of the structure or could describe any expressed interest in redevelopment.
In addition, while the element included some analysis demonstrating the potential redevelopment of nonvacant sites, additional information is required to address this finding. Specifically, the description of existing uses should be sufficiently detailed to facilitate an analysis demonstrating the potential for additional development in the planning period. In addition, the element needs to also analyze the extent that existing uses may impede additional residential development. For example, the element includes prior redevelopment trends in Table 2-3 but must also relate those trends to sites identified in the inventory. For example, the element can summarize past experiences converting existing uses to higher density residential development, include current market demand for the existing use, provide analysis of existing leases or contracts that would perpetuate the existing use or prevent additional residential development and include current information on development trends and market conditions in the City and relate those trends to the sites identified. The element could also consider indicators such as age and condition of the existing structure expressed developer interest, low improvement to land value ratio, and other factors.
Lastly, specific analysis and actions are necessary if the housing element relies upon nonvacant sites to accommodate more than 50 percent of the RHNA for lower-income households. For your information, the housing element must demonstrate existing uses are not an impediment to additional residential development and will likely discontinue in the planning period. (Gov. Code, § 65583.2, subd. (g)(2).) Absent findings (e.g., adoption resolution) based on substantial evidence, the existing uses will be presumed to impede additional residential development and will not be utilized toward demonstrating adequate sites to accommodate the RHNA.
Small Sites: The element identified Site #1 as a 0.39-acre site consisting of five parcels and Site #2 as a 0.46-acre consisting of six parcels (p. 2-11). Sites smaller than a halfacre in size are deemed inadequate to accommodate housing for lower-income households unless it is demonstrated, with sufficient evidence, that sites are suitable to accommodate housing for lower-income households. While the element includes some discussion on lot consolidation, it should also provide specific examples with the PGCC 2-14-24
City of Pacific Grove’s 6th Cycle (2023-2031) Draft Housing Element Page 4 January 31, 2024
densities, affordability, and if applicable, circumstances leading to lot consolidation or subdivision. The element should relate these examples to the sites identified to accommodate the RHNA for lower-income households to demonstrate that these sites can adequately accommodate the City’s lower-income housing need. Programs should be revised accordingly based on the outcomes of a complete analysis.
Publicly-Owned Sites: The element identified Site 11 as a 1.16-acre site consisting of three parcels, two under the same ownership (p. 2-14). The site consists of the Light House Four Cinema (0.28 acres) and an adjacent large surface parking lot owned by the City (0.88 acres). The element should include additional and clear supporting information on where development would occur, whether in the City’s site or both the City and Cinema sites.
Religious Institution Sites: The element identifies Site 51 as a 5.76-acre site, consisting of one parcel (p. 2-27). The site is owned by First United Methodist Church and only 10 percent of the site is occupied by existing church structures, giving the potential for housing to be developed on remaining areas of the site. The element should include supporting information that there is discussion with the Church regarding development.
Accessory Dwelling Units (ADU): The element projected 272 ADUs over the planning period or approximately 34 ADUs per year over the eight-year planning period. The element also noted permitting 9 ADUs in 2018, 4 in 2019, 20 in 2020, 40 in 2021, and 43 in 2022, for an average of 27 ADUs per year (page 2-2). These trends are inconsistent with HCD records (5 ADUs reported in 2018, 1 in 2019, 20 in 2020, and 40 in 2021) and do not support an assumption of 34 ADUs per year. To support assumptions for ADUs in the planning period, the element should reduce the number of ADUs assumed per year and reconcile trends with HCD records, including additional information such as more recent permitted units and inquiries, resources and incentives, other relevant factors and modify policies and programs as appropriate. Further, programs should commit to additional incentives and strategies beyond zoning incentives for deed restricted ADUs.
In addition, the element relies on the number of ADU permit approvals as information to inform the potential for ADUs in the planning period. However, the element should also describe the number of ADUs that are built and compare to the number of ADUs permitted as supporting information on ADU potential.
Availability of Infrastructure: While the element included programs to maintain and augment the existing water supply (p. 1-61), it should also discuss whether there is sufficient total water and sewer capacity (existing and planned) to accommodate the RHNA during the planning period.
Environmental Constraints: While the element generally described potential environmental constraints (p. 1-62), it must still describe any other known environmental or other conditions that could impact housing development on identified sites in the planning period (e.g., shape, contamination, easements, conditions, compatibility, etc.).
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City of Pacific Grove’s 6th Cycle (2023-2031) Draft Housing Element Page 5 January 31, 2024
Electronic Sites Inventory: For your information, pursuant to Government Code section 65583.3, the City must submit an electronic sites inventory with its adopted housing element. The City must utilize standards, forms, and definitions adopted by HCD.
Please see HCD’s housing element webpage at https://www.hcd.ca.gov/planning-andcommunity-development/housing-elements for a copy of the form and instructions. The City can reach out to HCD at [email protected] for technical assistance.
Zoning for a Variety of Housing Types (Emergency Shelters): The element indicated that emergency shelters are conditionally permitted in the C-2 zone (p. 1-48). However, the element must also describe and analyze the development standards of the C-2 zone and analyze concentrations of homeless individuals and proximity to transportation and services for these sites, hazardous conditions, and any conditions inappropriate for human habitability. The element must also analyze whether there is sufficient and suitable capacity in the C-2 zone to accommodate emergency shelters.
3. An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, and local processing and permit procedures... (Gov. Code, § 65583, subd. (a)(5).)
Land Use Controls: The element must identify and analyze all relevant land use controls impacts as potential constraints on a variety of housing types. The analysis should analyze land use controls independently and cumulatively with other land use controls.
The analysis should specifically address requirements related to parking, heights, lot coverage and limits on allowable densities. The analysis should address any impacts on cost, supply, housing choice, affordability, timing, approval certainty and ability to achieve maximum densities and include programs to address identified constraints.
On/Off-Site Improvements: While the element described necessary improvements such as road construction, installation of sewer, water, and other utilities (p. 1-57). However, the element must also analyze their impact and cost as potential constraints on housing supply and affordability. For additional information and a sample analysis, see the Building Blocks at: https://www.hcd.ca.gov/planning-and-communitydevelopment/housing-elements/building-blocks.
Codes and Enforcement: The element must describe and analyze which building code (e.g., 2022) is enforced, any local amendments to the building code and their enforcement for impacts on housing supply and affordability. For additional information and a sample analysis, see the Building Blocks at https://www.hcd.ca.gov/planning-andcommunity-development/housing-elements/building-blocks/codes-and-enforcementand-onsite-offsite-improvement-standards.
Historic Preservation: While the element describes the general process for historic preservation review, the element should also state whether any sites listed in the inventory are subject to historic preservation review. In addition, the element should PGCC 2-14-24
City of Pacific Grove’s 6th Cycle (2023-2031) Draft Housing Element Page 6 January 31, 2024
discuss any impacts on approval certainty, timing, and ability to achieve maximum densities, as appropriate.
Site Plan Review Committee: The element described the purpose of the Site Plan Review Committee (SPRC) is to encourage well-designed multi-family residential, commercial, and industrial development. However, the element must specifically discuss the impacts on approval certainty, timing, and density.
Housing for Persons with Disabilities (Large Residential Care Facilities (Seven or more persons): While the element revised Program 12 (Zoning Code Amendments) to permit large residential facilities with a Conditional Use Permit (CUP) based on objective standards, the element must also allow large residential care facilities in all zones that allow residential uses. Currently, the element limits this housing type to multifamily zones.
State Density Bonus Law (SDBL): The element should describe the City’s ordinance to implement SDBL (Gov. Code, § 65915), evaluate compliance and, if necessary, add or modify programs to revise the ordinance.
Other Locally Adopted Ordinances: Upon receipt of public comments, it appears that sites located within the O District (Open Space) and the U District (Unclassified) are subject to voter approval if they are to be rezoned, creating a potential constraint for the availability of these sites for the planning period. While the element includes Program 5 (Adequate Sites for RHNA and Monitoring of No Net Loss) to rezone these sites, the element does not analyze the voter approval requirement for rezoning as a constraint.
The element must provide this analysis and add or modify programs to address the identified constraint such as a schedule of actions for receiving necessary approvals, as necessary.
C. Housing Programs
1. Include a program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the Housing Element…(Gov. Code, § 65583, subd. (c).)
To achieve a beneficial impact during the planning period, programs should include, where appropriate, specific commitment toward housing outcomes and discrete timing (e.g., at least annually). Programs should be revised as follows:
• Program 9 (Accessory Dwelling Units): The Program should include discrete timing for when pre-approved plans will go online on the City’s website and given reliance, should also add additional actions to promote ADUs.
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City of Pacific Grove’s 6th Cycle (2023-2031) Draft Housing Element Page 7 January 31, 2024
• Program 11 (Sewer System Capacity): The Program should list out capital improvement plan actions specific to additional sewer capacity, with appropriate timing.
2. Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Government Code section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing. (Gov. Code, § 65583, subd. (c)(1).)
As noted in Finding B2, the element does not include a complete site analysis; therefore, the adequacy of sites and zoning were not established. Based on the results of a complete sites inventory and analysis; the City may need to add or revise programs to address a shortfall of sites or zoning available to encourage a variety of housing types. In addition, the element should be revised as follows:
• Publicly-Owned Sites: The element identified City-owned sites to accommodate a portion of the RHNA. The element should include a program with numerical objectives that ensures compliance with the Surplus Land Act, provides incentives and actions along with a schedule to facilitate development of CityOwned sites. Actions should include outreach with developers, issuing requests for proposals, incentives, fee waivers, priority processing and financial assistance.
• Program 8 (Lot Consolidation): The Program should list which incentives will be considered to facilitate the consolidation of small lots and add a mid-term evaluation of the effectiveness of those incentives, including completing alternative actions by a specified date if necessary.
3. Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. (Gov. Code, § 65583, subd. (c)(3).) As noted in Findings B3, the element requires a complete analysis of potential governmental and nongovernmental constraints. Depending upon the results of that analysis, the City may need to revise or add programs and address and remove or mitigate any identified constraints.
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City of Pacific Grove’s 6th Cycle (2023-2031) Draft Housing Element Page 8 January 31, 2024
4. Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics…(Gov. Code, § 65583, subd. (c)(5).)
As noted in Finding B1, the element must be revised to add or modify goals and actions based on the outcomes of a complete analysis. Goals and actions must specifically respond to the analysis and to the identified and prioritized contributing factors to fair housing issues and must be significant and meaningful enough to overcome identified patterns and trends. Actions must have specific commitment, metrics, and milestones as appropriate and must address housing mobility enhancement, new housing choices and affordability in high-opportunity areas, place-based strategies for community preservation and revitalization, and displacement protection.
In addition, promoting housing mobility removes barriers to higher opportunity areas and strategically enhances access to housing choices and affordability to promote more inclusive neighborhoods, cities, and regions. Among other factors, the City is wholly the highest resource community in contrast to the rest of the region. As a result, the element should include significant and robust actions with numerical targets (not limited to the RHNA) to promote housing mobility and increase housing choices and affordability throughout the City. Examples include promoting more housing choices and affordability in lower density areas, religious institutional sites and enhancing ADUs and junior accessory dwelling units (JADU) and home sharing strategies.
D. Coastal Zone Requirements
Coastal localities shall document the number of low- and moderate-income units converted or demolished, and the number of replacement units provided. (Gov. Code, § 65588, subd. (d).)
The element does not meet the statutory requirements. To determine whether the City’s affordable housing stock in the coastal zone is being protected and provided as required by Government Code section 65588, the element must be revised to include the following:
1. The number of new housing units approved for construction within the coastal zone since January 1982.
2. The number of housing units for persons and families of low- and moderate-income required to be provided in new housing developments either within the coastal zone or within three miles.
3. The number of existing residential dwelling units occupied by low- and moderateincome households either within the coastal zone or three miles of the coastal zone that have been authorized to be demolished or converted since January 1982.
4. The number of residential dwelling units for low- and moderate-income households that have been required for replacement.
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Agenda No. 9 A
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Robert Perrault, Interim City Manager
MEETING DATE: February 14, 2024
SUBJECT: Authorization to Participate in a Joint Subcommittee with the Pacific Grove Unified School District
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
By Motion Authorize the City to Participate In the City/ School Sub committee and Appoint the Mayor and Mayor Pro Tem. to Serve on the Sub Committee
DISCUSSION
In December, I met with Dr. Linda Adamson, the new Superintendent of Schools for the Pacific Grove Unified School District. The topics covered during the meeting were wide-ranging, and beneficial to both the city and the district. One of the topics we discussed was the possibility of forming a City / School Subcommittee.
The establishment of a subcommittee could serve as a venue for the exploration of common approaches to deal with issues we share including student and community safety, demographics, future planning, and shared facilities. During our meeting we discussed a committee structure that would consist of two elected officials and possibly an alternate representing the School Board and two plus an alternate representing the City Council. The elected members would be supported by the Superintendent and the City Manager and other staff as may be deemed necessary. Designated staff would meet to prepare the agendas and any meeting materials. Initially, I am suggesting the Subcommittee meet at a minimum on a quarterly basis. The frequency of the meetings could vary according to the number of items needing to be addressed. Each component of the Subcommittee: School / City would then report back to their respective board/ Council.
Earlier this month, Superintendent Adamson communicated that she had taken the creation of the joint subcommittee to her Board who supported the committee’s formation. Dr. Adamson confirmed that two trustees and an alternate have been identified to serve on the committee. The trustees identified include PGUSD Clerk, Elliott Hazen, PGUSD President Ottmar and alternate PGUSD President, Brian Swanson. Dr. Adamson also noted that she had asked Assistant Superintendent Josh Jorn to serve on the committee along with Dr. Adamson as administrative support.
Based on the School District’s actions, I am recommending the Council authorize participation and appoint the Mayor and the Mayor Pro Tempore to represent the Council on the Subcommittee for the PGCC 2-14-24
remainder of the calendar year and appoint an alternate. I would also like to have Deputy City Manager Dan Gho work alongside me to provide administrative support.
OPTIONS
The Council could choose not to participate in a joint subcommittee; The Council could provide alternative direction to staff; The Council could appoint subcommittee members other than those recommended.
FINANCIAL IMPACT:
There will be some use of staff resources associated with the preparation of agenda materials and attendance at meetings.
GOAL ALIGNMENT: Not Applicable.
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Agenda No. 10 A
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Laurel O'Halloran, Associate Planner/Economic Development Coordinator MEETING DATE: February 14, 2024
SUBJECT: Architectural Review Board Minutes: November 14, 2023 CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
Receive the minutes.
Attachments
11.14.23 ARB Minutes
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ARCHITECTURAL REVIEW BOARD
MINUTES
Tuesday, November 14, 2023, 3:00 P.M.
Council Chamber – City Hall – 300 Forest Avenue, Pacific Grove, CA AGENDA
1. CALL TO ORDER & ROLL CALL
Chair Boyle called the meeting to order at 3:00 p.m. Planner Laurel O’Halloran conducted roll call with the following Board members present in Chamber: Sarah Boyle, Hunter Eldridge, Anna Bornstein, Scott Brooks, Christi Sutphen.
2. APPROVAL OF THE AGENDA
Action: Upon motion by secretary Sutphen and seconded by member Brooks, the Board voted to approve the agenda.
Motion carried 5-0, by the following roll call vote:
AYES: Chair Sarah Boyle, Vice Chair Hunter Eldridge, Anna Bornstein, Scott Brooks, Christi Sutphen
NOES: None.
ABSENT: None.
3. BOARD AND STAFF ANNOUNCEMENTS (City-Related Items Only)
4. COUNCIL LIAISON ANNOUNCEMENTS
Council member Debby Beck gave a Council update.
5. GENERAL PUBLIC COMMENT
A. Written General Public Comment
Reference: Laurel O'Halloran, Associate Planner
Recommended Action: Receive correspondence.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
6. CONSENT AGENDA
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Action: Upon motion by Member Borstein seconded by secretary Sutphen, The Board voted to approve the Consent Agenda.
Motion carried 5-0, by the following roll call vote:
AYES: Chair Sarah Boyle, Vice Chair Hunter Eldridge, Anna Bornstein, Scott Brooks, Christi Sutphen.
NOES: None.
ABSENT: None.
7. REPORTS REQUIRING ACTION
A. Draft August 8, 2023, ARB Minutes
Reference: Laurel O'Halloran, Planner
Recommended Action: Receive and approve the Draft August 8, 2023, ARB Minutes.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
REGULAR AGENDA
8. PUBLIC HEARINGS
A. Architectural Permit (AP) 22-0007 for 150 14th St (APN 006-177-003) Zoning District/General Plan Designation: R-3-PGR
Coastal Zone: No
Historic Resources Inventory: No
CEQA: Categorical Exemption, CEQA Guidelines Section 15301, Class I, Existing Facilities Recommended Action: Staff recommends that the Architectural Review Board approve AP 22-0007 subject to findings, conditions of approval, and CEQA Guidelines Section 15301, Class 1 Categorical Exemption for Existing Facilities.
Reference: Aaron Campbell, Associate Planner
Aaron Campbell, project Planner introduced the project.
The Chair allowed the architect’s representative, William Mefford, to speak to the project.
The Chair opened the floor to public comment:
Shelagh Sullivan
Written correspondence received:
Inge Lorentzen Daumer
Marie Hayward
Jim & Jeanne Olin
Roy & Claudia Ridgway
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Chair Boyle made a motion, seconded by Secretary Sutphen to approve Architectural Permit 22-0007 including the following conditions pursuant to Architectural review Guidelines 33,34 and 35:
1. Reduce the width of the windows on the first and second level facing the street from 8’ to 6’
2. Reduce the roof overhang from 2’ to 1’6”
and subject to the recommended findings, conditions of approval and a Class 1 CEQA exemption.
Motion carried 4-1, by the following roll call vote:
AYES: Chair Sarah Boyle, Vice Chair Hunter Eldridge, Scott Brooks, Christi Sutphen.
NOES: Anna Borstein
ABSENT: None
9. CONTINUED AND ONGOING BUSINESS
10. NEW BUSINESS
11. PRESENTATIONS
12. NEXT MEETING - December 12, 2023
13. ADJOURNMENT: 3:45 PM
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Agenda No. 12 A
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Brian Pierik, City Attorney
MEETING DATE: February 14, 2024
SUBJECT: Public Comment at Meetings of Legislative Bodies This item was continued from the Council's January 17, 2024 meeting.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
Discuss permissible public comment at meetings of legislative bodies and consider providing direction to the City Attorney to return to the Council with a Resolution amending Council Policy 000-017.
DISCUSSION
On October 18, 2023, the City Council meeting was disrupted by remote speakers, via Zoom, who used the public comment period to voice hateful, racist speech that violated the permissible scope of public comment under the Ralph M. Brown Act (“Brown Act”).
On November 15, 2023, the City Council directed the City Attorney to return with possible amendments to City Policy 000-017 regarding public comment from remote participants at meetings of legislative bodies. The City Council also voted at that meeting to allow for public comment via zoom.
This Agenda Report addresses the subject of what options are available to the City in regard to public comments and behavior during meetings of a legislative body that are disruptive or otherwise violate the permissible scope of public comment under the Brown Act.
A. Law Regarding Public Comment
1. A City Council Meeting is a Limited Public Forum
A meeting of a City Council or other local legislative body is a limited public forum for purposes of speech under the First Amendment. Legislative bodies may impose reasonable time, place, and manner restrictions on public comments at meetings of the legislative body, such as rules of decorum, the imposition of an agenda, reserving the forum for the intended purpose of the meeting, and prohibiting the public from speaking on matters not within the subject matter jurisdiction of the legislative body.
2. Permitted Scope of Public Comment Under the Brown Act The Brown Act gives the public a right to address the legislative body at regular and special meetings.
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However, the scope of public comment is limited. During public comment for a particular agenda item, the public comment must relate to that agenda item. (Government Code § 54954.3(a).) During the general public comment period, the public comment must be within the subject matter jurisdiction of the legislative body. (Government Code § 54954.3(a).)
3. Rules and Regulations of Legislative Body Regarding Public Comment The Brown Act allows the legislative body to adopt reasonable regulations to ensure that public comment remains within the permitted scope. (Government Code § 54954.3(b).) Article 13 of the City’s Charter directs the City Council to adopt rules for the conduct of its proceedings. Section
2.04.050(d)(1) of the Pacific Grove Municipal Code provides that the City Council may adopt policies to ensure that the public will be provided an opportunity to address the City Council, and other legislative bodies of the City, on matters on the agenda and on matters not on the agenda that are within the subject matter jurisdiction of the legislative body.
Pursuant to these rules, the City has adopted various policies, including Council Policy 000-17 (Order of Agenda for Council Meetings), copy attached to this Agenda Report. The City Council may amend these policies.
4. Council Can Limit Disruptive Speech
The City Council can take action when an individual or group engage in behavior which disrupts a City Council meeting as currently addressed in City Policy 000-017, summarized here. a. Definition of “Disrupting”
The Brown Act defines “disrupting” as “engaging in behavior during a meeting of a legislative body that actually disrupts, disturbs, impedes, or renders infeasible the orderly conduct of the meeting,” including, but not limited to, failing to comply with reasonable and lawful regulations adopted by the legislative body or “[e]ngaging in behavior that constitutes use of force or a true threat of force.” (Government Code § 54957.95(b).) The Brown Act defines “true threat of force” as “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.” (Government Code § 54957.95(b)(2).) b. Disruption by an Individual
The Brown Act outlines a process in which the presiding member of a legislative body may remove an individual for disrupting the meeting. First, the presiding member of the legislative body must warn the offending individual that their behavior is disrupting the meeting, and that their failure to cease their behavior may result in their removal. (Gov. Code, § 54957.95(a)(2).) If the individual does not promptly cease their disruptive behavior, the presiding member may order the individual’s removal. (Government Code, § 54957.95(a)(2).) If an individual engages in behavior that constitutes use of force or a true threat of force, they can be removed without a warning. (Government Code, § 54957.95(a)(2).) c. Disruption by a Group
If a public meeting is “willfully interrupted” by groups of individuals such that the “orderly conduct” of the meeting becomes unfeasible, the Brown Act allows the legislative body to remove the individuals who are willfully interrupting the meeting. (Government Code, § 54957.9.) If order cannot be restored after removing the offending individuals, the legislative body may order the meeting room cleared and continue in session. (Government Code, § 54957.9.)
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The legislative body may only consider matters appearing on the agenda during such a session. (Government Code, § 54957.9.) Representatives of the press must be allowed to attend this session unless they participated in the disturbance. (Government. Code, § 54957.9.) The legislative body may establish a procedure for readmitting an individual or individuals who were not responsible for willfully disturbing the orderly conduct of the meeting. (Government Code, § 54957.9.) Additionally, any person who willfully disturbs or breaks up any assembly or meeting is guilty of a misdemeanor. (Penal Code, § 403.)
5. Council Cannot Prohibit Criticism
The legislative body may not prohibit public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body. Government Code § 54954.3(c); Pacific Grove Municipal Code section 2.04.050(d)(2)
B. Options Regarding Public Comment
1. Add Statement to Agenda
The City can add a statement to its Agendas that describes the scope of public comment allowed under the Brown Act. Sample statement reads as follows:
“Under the Brown Act, public comment for matters on the agenda must relate to that agenda item and public comments for matters not on the agenda must relate to the subject matter jurisdiction of this legislative body. This is a warning that if a member of the public attending this meeting remotely or in-person violates the Brown Act by failing to comply with these requirements of the Brown Act, then the Mayor may request that speaker be muted. If a member of the public attending this meeting in-person engages in disruptive behavior that disturbs the orderly conduct of the meeting, they may be removed from the meeting after a warning, pursuant to Council Policy 000-17.” As noted above, the legislative body may not prohibit public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body. Therefore, speakers who present comments which constitute such criticism should not be muted.
2. Require Pre-Registration by Remote Speakers
There is a long-standing rule under the Brown Act that registration may not be required for in-person participation at public meetings. (Government Code § 54953.3.) However, recognizing the practical considerations of hosting meetings through online third-party platforms during the COVID-19 pandemic, the legislature recently amended the Brown Act to require individuals to register for public comment before being allowed to comment where the body uses a third-party platform (i.e., Zoom) for the meeting.
The Brown Act now provides that “an individual desiring to provide public comment through the use of an internet website, or other online platform, not under the control of the local legislative body, that requires registration to log in to a teleconference may be required to register as required by the third-party internet website or online platform to participate.” (Government. Code § 54953(e)(1)(D), (f)(1)(F).)
If the City elects to implement a pre-registration system that requests information beyond what is PGCC 2-14-24
required to register with the third-party platform, that pre-registration system should remain voluntary.
For example, the Coastal Commission has a pre-registration process entailing a series of questions which potentially go beyond what is required by Zoom for a speaker to register (e.g., campaign contributions information). However, Coastal Commission’s pre-registration procedure is largely voluntary.
The California Coastal Commission has virtual hearing procedures and public participation rules that “strongly encourage” anyone wishing to speak to submit a request form by 5:00 pm the day before the hearing item to assist with meeting management. The Coastal Commission will accept a request to speak the day of a hearing item. Of note, the California Coastal Commission is not governed by the Brown Act but by the Bagley-Keene Open Meeting Act, which covers all State boards and commissions. The Bagley-Keene Open Meeting Act contains similar rules to the Brown Act, such as allowing registration to the extent the online platform requires it. (See Government Code §§ 11123.2, 11124.)
Therefore, the City could require pre-registration for remote participants, to the extent it is required by the third-party platform, while not requiring in-person speakers to register. Any required pre-registration for remote participation must be limited to the information required by the third-party platform. If the City desires to implement a pre-registration process for remote attendance that requires information above and beyond what is required by the third-party platform, the pre-registration process should remain voluntary.
3. Mute Remote Speaker(s)
The City has the option to mute a remote speaker who is either disrupting the meeting or speaking beyond the scope of permissible public comment under the Brown Act. If a speaker offers public comment violating the Brown Act in regard to permissible public comment, then the Mayor can ask whoever is in charge of the remote video platform to mute the speaker. The Mayor may then give a verbal reminder of the scope of public comment permitted under the Brown Act and refer to the statement in the Agenda, and then move to the next speaker.
There is a distinction between muting speakers and the removal provisions of the Brown Act for disruptive behavior based on the fact that a muted speaker has not been removed from the meeting. A muted speaker can still observe the meeting and listen to the meeting, but cannot speak any further at the meeting based on their violation of the Brown Act requirements regarding the permitted scope of public comment.
4. Implement a Time Delay
In radio and television, a time delay or a broadcast delay is an intentional delay when broadcasting live material. Such delays are used in radio and television to prevent mistakes or unacceptable content, usually profanity or obscenity, from being broadcast, in order to avoid FCC penalties.
Instituting a time delay for an official two-way teleconference of the public meeting may violate the Brown Act, as the public would no longer be attending the meeting at the same time as the in-person events, or be able to interact with the legislative body in real time. (See Gov. Code, §§ 54952.2, 54953.8(a)(3)(C).)
However, the City could consider implementing a time delay for a one-way broadcast or webcast of the public meeting. If the City elects to implement a time delay and edit any footage, it will need to retain an unedited version of the footage as its official public record, subject to inspection under the Public PGCC 2-14-24
Records Act. Whether or not implementing a time delay is technologically feasible for the City would need to be addressed with a technology consultant.
OPTIONS
N/A
FINANCIAL IMPACT:
None.
FOCUSED PRIORITY AREA: Not Applicable.
Attachments
Staff Slides
Council Policy 000-017
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City Council
City of Pacific Grove
Public Comment at
Meetings of Legislative
Bodies
January 17, 2024 Brian Pierik, City Attorney 1
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OPTIONS
Add Statement to Agenda
Require Pre-Registration by Remote Speakers
Mute Remote Speakers who violate Brown Act
requirements.
Implement a Time Delay.
January 17, 2024 Brian Pierik, City Attorney 2
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“Under the Brown Act, public comment for matters on the agenda must relate to that agenda item and public comments for matters not on the agenda must relate to the subject matter jurisdiction of this legislative body. This is a warning that if a member of the public attending this meeting remotely or inperson violates the Brown Act by failing to comply with these requirements of the Brown Act, then the Mayor may request that speaker be muted. If a member of the public attending this meeting in-person engages in disruptive behavior that disturbs the orderly conduct of the meeting, they may be removed from the meeting after a warning, pursuant to Council Policy 000-17.” January 17, 2024 Brian Pierik, City Attorney 3
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City Council
City of Pacific Grove
Questions?
January 17, 2024 Brian Pierik, City Attorney 4
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City of Pacific Grove
Council Policy
Subject Policy Effective Date Page
Order of Agenda for Council
Meetings 000-17 December 20, 2017 Page 1 of 4
A. Council meeting agendas are designed to facilitate the orderly conduct of City business, provide adequate time for the City Council to make informed, deliberative decisions, and provide members of the public an opportunity to present information to the City Council on any matter within the subject matter jurisdiction of the City.
B. This policy establishes the general practice to be followed with respect to the management of agenda items before the City Council. This policy shall not be construed to limit or impair rights of the public as set forth in the Ralph M. Brown Act, the Public Records Act, or any other provision of law.
C. In the development of a specific meeting’s agenda, the City Manager may adjust this order, when warranted. The Mayor and Council may also adjust the order in which matters are considered at the meeting. Deviation from the order of the agenda set in this policy, by itself, shall not provide a basis to reverse or invalidate any action of the City Council.
D. The standard order of the City Council agenda shall be as follows:
Call to Order
Pledge of Allegiance
1. Approval of the Agenda
Councilmembers shall have an opportunity to request changes to the order of items, to postpone items to a future meeting, or to add new matters in accord with the emergency or urgency requirements set forth in the Government Code.
2. Presentations
Presentations shall be made on behalf of the City to persons or organizations, and/or brief presentations (not to exceed 5 minutes, each) made to the Council by others upon approval of the City Manager. Presentations shall neither receive Council action nor provide a reason for Council debate. Council may ask brief questions or refer matters to staff for consideration on a future agenda.
3. Council and Staff Announcements
Announcements shall be limited to City-related items and shall neither receive Council action nor provide a reason for Council debate. Council may ask brief questions or refer matters to staff for consideration on a future agenda.
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Report out of any closed session held prior to the Regular meeting will be provided as the first announcement.
4. Public Comment
These are comments from the public on matters that are on the agenda (including the Consent Agenda) as well as for matters not on the agenda during General Public Comment which are within the subject matter jurisdiction of the City.
Persons who wish to address the Council shall use the microphone and are asked to state their name. It is helpful if speakers also indicate the subject matter of their comments. (Note: Even if a speaker refuses to state his or her name or the subject matter of the comment, the speaker shall not be denied the right to speak.) Accommodations will be made for persons with disabilities.
Public comment shall be limited to three minutes per speaker for each item on the Agenda.
For General Public Comment, each speaker shall be limited to three minutes.
In the discretion of the Mayor, the length of the public comment on an item on the Agenda may be reduced to lower than three minutes when appropriate based on the number of speakers for an item and/or the Mayor may limit the total time for public comment on an item on the Agenda.
Communication to the Council under General Public Comment will be received without comment while the public comment period is open. When public comment during General Public Comment Communications is closed, questions from the public may be referred to staff for a brief response.
Pursuant to Government Code Section 54954.3 (c), the City Council shall not prohibit public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the legislative body.
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 Mayor 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 Mayor may readmit an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.
Pursuant to Government Code Section 54957.95, the Mayor may cause the removal of any individual for disrupting the meeting subject to the following rules:
(1) Prior to removing an individual, the Mayor shall warn the individual that their behavior is disrupting the meeting and that their failure to cease their behavior PGCC 2-14-24
may result in their removal.
(2) The Mayor 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 Section 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 Mayor to provide a warning to the individual before causing the individual to be removed from the meeting.
Consent Agenda
The Consent Agenda deals with routine and noncontroversial matters, and may include action on resolutions and second readings of ordinances, provided no public comment is anticipated on those items. The purpose of the Consent Agenda is to make efficient use of available time by considering all routine and non-controversial items under one motion. The Consent Agenda is structured so that any Councilmember, staff, or the public may pull an item for discussion or questions.
A single vote on the Consent Agenda shall apply to each item that has not been removed.
Councilmembers may notify the City Clerk if they want a specific vote or abstention recorded as to any individual item.
The standard elements of the Consent Agenda are:
5. Approval of City Council Meeting Minutes
6. Resolutions
7. Ordinances
8. Reports – Information Only
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9. Reports – Requiring Action
10. Meeting Minutes of Commissions, Boards, and Committees When a Councilmember wishes to remove an item the Councilmember will discuss his/her question(s) with staff prior to the meeting in order for staff to research the answer(s), which shall be provided ahead of time to all members (e.g., in the blue folders).
The Mayor will first ask the members of the Council, then members of the public if anyone wants to pull an item from consent. The person pulling the item will simply state the item number and subject.
Unless a specific item is pulled for discussion, the Council shall ordinarily approve all action items or recommendations on the entire Consent Agenda under a single motion.
Council’s vote to approve the Consent Agenda is a direction to staff to proceed with each action as recommended.
Items Removed from the Consent Agenda
The Council shall separately consider and act on each item removed from the Consent Agenda. Such items shall be heard in their normal place on the Regular Agenda. That placement will be noted on each consent item. The discussion format for those items will follow the protocol for the Regular Agenda.
Regular Agenda
The protocol for deliberation on regular agenda items is:
1) The agenda report is presented by staff or other person who prepared the report. The report can be concise yet sufficient to establish context and key facts for the item. 2) Public comment is received, then closed.
3) Council deliberates and takes action as appropriate for the item This protocol explicitly omits the practice of clarifying questions from council prior to opening for public comment. Councilmembers can ask for clarification prior to the Council meeting and can also ask questions during the council deliberation phase.
11. Public Hearings
The Public Hearing agenda includes matters for which a public hearing notice was posted or published and for which public comment is anticipated.
12. Unfinished and Ongoing Business
The Unfinished Business agenda shall consist of matters that return to the Council for action, the same matter having been considered at or continued from a prior meeting or are updates or actions for long term and ongoing topics.
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13. New Business
The New Business agenda shall consist of matters not previously considered by the Council.
14. Full Presentations
Presentations under this item are those that may exceed five minutes and are made to the Council upon invitation of the Mayor or City Manager. Presentations shall neither receive Council action nor provide a reason for Council debate. Council may ask brief questions or refer matters to staff for consideration on a future agenda.
15. Closed Sessions (if required)
Closed Sessions are held in compliance with the Brown Act. The specific time for any Closed Session may be set at other times at the convenience of Council. The Council may adjourn to Closed Session on any other agenda item if authorized by law, upon advice of the City Attorney.
16. Public Announcement of Action Taken in Closed Session This announcement shall immediately follow any Closed Session.
Adjournment
E. Whenever practical, closed session items are best addressed during a special meeting prior to a regular meeting, as a convenience to the public, beginning at 5:00 pm.
F. All agenda reports recommending Council action shall include the following: title, recommendation, background, justification, and financial impact. Closed session agenda reports shall be confidential pursuant to California Government Code 54963 and PGMC §2.04.080.
Adopted May 2, 2001 - Resolution No.1-025
Amended June 3, 2009 - Resolution No. 9-021
Amended February 3, 2010 - Resolution No.10-014
Amended September 1, 2010 - Resolution No.10-068
Amended November 17, 2010 - Resolution No.10-099
Amended February 2, 2011 - Resolution No. 11-008
Amended January 20, 2016 - by motion of Council
Amended December 20, 2017 - Resolution No. 17-032
Amended September 1, 2021 - Resolution 21-028
Amended February 1, 2023 – by Minute Order
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Agenda No. 12 B
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Nick Smith, Mayor Pro Tem
MEETING DATE: February 14, 2024
SUBJECT: Direct to City Attorney to return to the City Council with an ordinance to amend Pacific Grove Municipal Code Section 2.04.050 or other actions related to this Agenda item. This item was continued from the Council's January 17, 2024 meeting.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
Motion to direct the City Attorney to return to the Council with an ordinance to amend Pacific Grove Municipal Code Section 2.04.050 or other actions related to this Agenda item.
DISCUSSION
A. Current Version of Section 2.04.050
This item will include a discussion of proposed amendments to Pacific Grove Municipal Code Section
2.04.050 which currently reads as follows:
“2.04.050 Agenda and consideration of unlisted matters. a) Order of Agenda. The city manager shall prepare, circulate and post in conformity with the provisions of the Ralph M. Brown Act and council policy, not less than 72 hours before any regular and special council meetings, an agenda, which shall list and describe the items to be considered at the meeting. (b) Emergency Meetings. Agendas for emergency situations as defined by Section 54956.5 of the California Government Code shall comply with noticing prescribed in Section 54956.5. (c) Request. Any councilmember may place items on the agenda by requesting the city manager to do so by 12:00 noon on Wednesday of the week preceding a regular council meeting, and three days in advance of any special meeting, except that special meetings called during any meeting of the council shall have those items on the agenda for which request has been made in open council meeting without further request. The city manager may also place items on the agenda which he or she deems of interest to the council.
(d) Public Comment.
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(1) The city council may adopt a policy or policies to ensure that the public will be provided an opportunity to address the city council, and other legislative bodies of the city, on matters on the agenda and on matters not on the agenda that are within the subject matter jurisdiction of the legislative body.
(2) The city council, and other legislative bodies of the city, shall not prohibit public criticism of the policies, procedures, programs, or services of the agency, or of the acts or omissions of the city council and other legislative bodies of the city.
(e) Minutes shall be prepared following all council meetings and shall provide a record of when and where a meeting took place, who was present, type of meeting, what was considered, and any action taken and the vote or abstention on that action of each member present for the action pursuant to California Government Code Section 54953(c)(2).
(f) Reportable actions taken by council in closed session shall be reported when council next convenes in open session in compliance with the Ralph M. Brown Act. [Ord. 23-001 § 2, 2023; Ord. 21-025 § 2, 2021; Ord. 01-08 § 1, 2001; Ord. 1953 N.S. § 2, 1994; Ord. 1832 N.S. § 2, 1992; Ord. 1812 N.S. § 2, 1991; Ord. 1806 N.S. § 2, 1991; Ord. 1774 N.S. § 2, 1991; Ord. 1556 N.S. § 1, 1986; Ord. 1493 N.S., 1985; Ord. 1338 N.S. § 1, 1983; Ord. 1101 N.S. § 1, 1979; Ord. 1047 N.S. § 1, 1978; Ord. 920 N.S. § 1, 1977; Ord. 847 N.S. § 1, 1975; Ord. 541 N.S., 1966].”
B. Proposed Amendments to Section 2.04.050
1. Proposed amendment to Section 2.04.050 (a)
Revise Section 2.04.050 (a) to add the underlined text
“(a) Order of Agenda. The city manager shall prepare, circulate and post in conformity with the provisions of the Ralph M. Brown Act and council policy, not less than 72 hours before any regular council meeting and not less than 24 hours before any special council meetings, an agenda, which shall list and describe the items to be considered at the meeting.”
2. Proposed Amendment to Section 2.04.050 (c)
Replace Section 2.04.050. (c) in its entirety to read as follows:
“(c) A Councilmember may request an item be placed on a future City Council agenda and that request must be made only at a City Council meeting and agreed upon by at least two other City Councilmembers at that City Council meeting. The discussion at the Council meeting will be limited to whether the item should be added to a future City Council agenda and may not include a discussion of the merits of the proposed agenda item. If the item is added to a future City Council agenda, then the Councilmember who requested the item shall prepare the Agenda Report with the assistance of the City Manager. These requirements for adding an item to a future City Council agenda also apply to the Mayor except that the Mayor, or a majority of the Council, may call a special meeting and include items on the agenda for that special meeting.”
OPTIONS
Other actions as directed by the City Council related to this agenda item.
FINANCIAL IMPACT:
None.
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GOAL ALIGNMENT: Not Applicable.
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Agenda No. 12 C
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: City Manager Robert Perrault, City Attorney Brian Pierik, and Mayor Bill Peake MEETING DATE: February 14, 2024
SUBJECT: Boards, Committees and Commissions Handbook Revision This item was continued from Council's January 17, 2024 meeting.
CEQA: Does not constitute a “Project” per California Environmental Quality Act Guidelines Section 15378
RECOMMENDATION
Direct the City Attorney to prepare a resolution adopting revised Boards, Committees and Commissions Handbook 1/17/24.
1. 2. Direct the City Manager and City Attorney to provide committee training.
3. Alternative, discuss and take other action related to this item.
DISCUSSION
The purpose of the Boards, Committees and Commissions Handbook (Handbook) is to describe protocols for efficient and effective conduct of committees. Most committee protocols described in the Handbook mirror those used by City Council. Understanding and implementation of these protocols should help committees function well with council and staff thus fostering good city government.
The current Handbook was approved by Council on March 6, 2019 and included in Council Policy 000-5 Section 4. Board, Commission, and Committee Procedures. Council approved a revised Handbook October 21, 2020.
Proposed Handbook amendments in Attachment 1 are shown by deletion of all text shown in red strikeout text (strikeout text) and the addition of all text shown in red underscored text (underscored text). The Handbook without this markup is provided in Attachment 2.
Amendments include:
Updated list of committees and committee member qualifications Clarification of officer elections and roles
Agenda and minutes format
Updated courtesy and decorum, discipline
Citations for sexual harassment and ethics training and teleconference attendance To promote compliance with Handbook policy training is recommended for all committee members irrespective of their length of service.
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Current and past committee members have generously given their time and talents to the benefit of the community. Their contributions are gratefully acknowledged.
OPTIONS
N/A
FINANCIAL IMPACT:
There is no fiscal impact.
FOCUSED PRIORITY AREA: Not Applicable.
Attachments
1-BCC Handbook Revision with markup
2-BCC Handbook Revision 1/17/24 without markup
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BOARDS, COMMITTEES AND COMMISSIONS
HANDBOOK
CITY OF PACIFIC GROVE
OCTOBER 21, 2020
JANUARY 17, 2024
Style Definition: Comment Text
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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 PGCC 2-14-24
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
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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)
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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 PGCC 2-14-24
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.
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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
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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.
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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
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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.
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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.
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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
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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.
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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
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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).
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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.
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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 PGCC 2-14-24
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
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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).
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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’
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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:
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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BOARDS, COMMITTEES AND COMMISSIONS
HANDBOOK
CITY OF PACIFIC GROVE
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. Individual Roles.........................................................................................................................................9
6. Committee Meetings..............................................................................................................................12
7. Actions taken by Committees.................................................................................................................19
8. Compliance with Federal, State and Municipal Laws.............................................................................21
9. Reference Materials................................................................................................................................22 Appendix A – Teleconference Attendance .................................................................................................23 Appendix B – Motions.................................................................................................................................26 Appendix C– Voting.....................................................................................................................................29 Appendix D – Training.................................................................................................................................31 PGCC 2-14-24
3 1. Introduction
The City of Pacific Grove’s (City) boards, committees and commissions (Committees) serve vital roles in support of a well-functioning city government alongside City Council, Management and Staff. The better committees function, the better city government can serve the needs of its residents and businesses. It is towards this end that this handbook was 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.
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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
• 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 § 3.30. Its procedures are further described in PGMC § 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 § 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 § 6.54. Additional HID documentation can be obtained on the City’s website. (See City Council resolutions 18-015 and 18-047.).
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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 are made for the Architectural Review Board, Economic Development Commission, and Task 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
• 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. Applicants contact information is not made public, but all other information including qualifications is 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 18). 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 thereafter. This training is available from many sources, and compliance sessions are also provided by the City Attorney.
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6 Terms of Office
Committee terms begin February 1
st 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.
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7 4. Role of Committees
All Committees have an advisory role to City Council. 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 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 recommendations may not always be acted 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, Resolutions 10-071 and 11-072 • Recreation Board - Charter Article 26.d.
• Architectural Review Board - PGMC § 23.70.060
• Beautification and Natural Resources Commission - PGMC § 3.24 • Economic Development Commission - PGMC § 3.40
• 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
• Administrative Hearing Panel
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8 Committees may also perform additional duties as assigned by Council. Most Committees are distinct and without significant overlap. However, 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.
Council policies that also apply to committees are:
• Policy 000-5 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
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9 5. Individual Roles
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 committee 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 (PGMC § 3.02.050). This is also the practice of other Committees.
At this first meeting following February 1 any committee member may call the meeting to order and ask for nominations for the office of Chair. Committee members may nominate themselves or any other member; no second is required. Once nominations are complete, 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 member nominated as Chair assumes the office of Chair immediately.
Using the same procedure, the Chair conducts nominations and voting for a Vice Chair. If the Committee decides 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 council and staff liaisons of absences
• Signing Committee documents
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-Chair
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10 The Vice-Chair assumes the Chair’s duties in their absence. The Vice-Chair shall succeed the Chair if the 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 the Secretary is appointed by the Committee, the Secretary is responsible for meeting minutes to be included in the agenda packet at the next meeting.
Staff liaison assumes 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 the quorum of the Committee. When appropriate, staff and public may assist subcommittees but are not members of subcommittees.
Staff Liaisons
Staff is assigned to Committees by the Department Head or City Manager to facilitate 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 may assist the Chair with meeting protocol as needed. If requested by the Chair, staff may prepare committee minutes.
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.
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 consult with city management regarding work suggested by the committee. Committees do not have authority to provide staff work direction.
City Attorney
The City Attorney’s office is available to provide legal counsel to Committees when present at Committee meetings or by email to Brian Pierik at [email protected] .
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11 Council Liaisons
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 announcements of City actions and activities
• answer questions
• assist the Chair with process and city regulations.
• assist Chair to communicate committee actions and recommendations to City Council. • Provide Chair with counsel as needed.
The Council liaison 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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12 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 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 noticing protocol set for City Council in PGMC §§2.04 and Policy 000-9.
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13 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
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.
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
Committees meet in Council Chambers. This meeting venue is open to the public and meets 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 §§
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.
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14 Establishing the agenda is the Chair’s responsibility with input from staff and other Committee members. 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 should include:
1. Subject;
2. Author;
3. CEQA analysis;
4. Recommended action;
5. Written discussion of the topic including background information, justification of the recommended action and financial impact.
Although the Brown Act permits agendas without a written discussion, i.e. stating ‘oral report’, this is a 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.
Parliamentary Rules
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 PGCC 2-14-24
15 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.
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 may be allowed to speak for the entire group by the Chair who could provide the spokesperson ten minutes. The Chair may limit public speakers to three minutes or less depending on the number of speakers and length of agenda.
Consideration and Action on an Agenda Item
The agenda constitutes the 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. 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, PGCC 2-14-24
16 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 Appendices B Motions and C 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”.
The Chair shall ask the staff liaison for a vote who then calls on each member and 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. 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.
For public hearings, there are 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 speaks.
2. Opponent speaks.
3. Rebuttal and surrebuttal may be allowed, at the sole discretion of the Committee.
4. Public comment is heard.
The Chair shall then close the public hearing.
The public comment 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
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 encourage discussion that focuses on the item in question, not on personalities of members or the public or off topic. The Chair must protect the rights of public to speak at the appropriate time.
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.
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17 Disruption of Meetings
1. Disruption by a Group of Persons
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.
Public Records
Materials provided to Committee members at a public meeting must be made available for inspection and reproduction by the public. Exemptions from disclosure apply, but are narrowly applied (attorney/client, drafts, pending litigation, personnel files).
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).
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18 Committee meetings shall be recorded. Current practice is video recordings. 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 may 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 include 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 may adjourn its meeting to a certain hour on another day. A specific date, time and place shall be set by the Committee, as part of the motion to adjourn.
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19 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 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–B - Motions.
Voting - See Appendix C
Deciding to Move on
Items may be continued by Committee vote to a subsequent 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 hearing (e.g., ARB, HRC, BNRC, TSC, and Planning Commission) may continue an item when:
• The applicant cannot appear at the meeting and has requested that the item be continued.
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20 • 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 §§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 §§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 which they have appeal authority. Call-ups require a vote or three members of the body.
See Council Policy 000-9 Council Guidelines for details concerning the procedure for appeals.
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