Pacific Grove City Council
July 3, 2024

CITY COUNCIL

SPECIAL MEETING AGENDA
Wednesday, July 3, 2024, 5:00 P.M.

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

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:
https://www.cityofpacificgrove.org/Zoom_Closed
Please click here for directions to dial into the meeting audio.

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: Matthew Mogensen, City Manager, Leticia Livian, Human Resources Director, and Monica McQueen, Burke, Williams & Sorensen, LLP
Employee Organization: Police Officers Association

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B. Conference with Legal Counsel - Existing Litigation (Government Code Section 54956.9) Richard B. Fox v. City of Pacific Grove, California, Bill Peake, Mayor, City of Pacific Grove, California; City of Pacific Grove Council Members Joe Amelio, Debby Beck, Luke Coletti, Lori McDonnell, Chaps Poduri, and Nick Smith.

U.S. District Court Case No. C 24 03686 NC

ADJOURNMENT
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CITY COUNCIL

REGULAR MEETING AGENDA
Wednesday, July 3, 2024, 6:00 P.M.

Council Chamber – City Hall – 300 Forest Avenue, Pacific Grove, CA The Council will not begin consideration of any item on this agenda later than 10:00 p.m. unless such consideration is approved. Any items on this agenda not considered this evening will be continued to a future meeting.

Copies of the agenda packet are available for review at the Pacific Grove Library, in the Finance Department, and electronically at www.cityofpacificgrove.org/agendas. The most effective method of communication with the City Council is by sending an email to [email protected]. In order to allow the City Council adequate time to review communication related to an agenda item, it is recommended that the communication be sent no later than 9:00 AM on the day prior to the City Council meeting.

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 or Chair 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.

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.

AGENDA

CALL TO ORDER
PLEDGE OF ALLEGIANCE: Mayor Peake
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1. APPROVAL OF AGENDA

2. PRESENTATIONS
A. Central Coast Community Energy (3CE) Annual Presentation PAGE 10 Reference: Judi Young, Senior Customer Accounts Manager 3CE Recommended Action: Receive presentation.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

3. COUNCIL AND STAFF ANNOUNCEMENTS (City-Related Items Only) A. Report on Closed Session by City Attorney
B. Other

4. GENERAL PUBLIC COMMENT
General Public Comment must deal with matters subject to the jurisdiction of the City and the Council that are not on the Regular Agenda. This is the appropriate place to comment as to items on the Consent Agenda, only if you do not wish to have the item pulled for individual consideration by the Council. Comments from the public will be limited to three minutes and will not receive Council action. Comments regarding items on the Regular Agenda shall be heard prior to Council’s consideration of such items at the time such items are called. Whenever possible, written correspondence should be submitted to the Council in advance of the meeting, to provide adequate time for its consideration.

A. Written General Public Comment

CONSENT AGENDA
The Consent Agenda deals with routine and non-controversial matters, and may include action on resolutions, ordinances, or other public hearings for which testimony is not anticipated. The vote on the Consent Agenda shall apply to each item that has not been removed. Any member of Council, staff, or the public may remove an item from the Consent Agenda for individual consideration. When items are pulled for discussion, they will be automatically placed at the end of their respective section within the Regular Agenda. One motion shall be made to adopt all non-removed items on the Consent Agenda.

5. APPROVAL OF CITY COUNCIL MEETING MINUTES
Items pulled from this section will be placed under 12. Unfinished and Ongoing Business A. Minutes of the June 19, 2024 City Council Closed Session and Regular Meetings Reference: Staphany Arriola, Management Analyst PAGE 23 Recommended Action: Approve minutes.

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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. Acceptance of Conservation Easement Deeds for 1335 and 1353 Arena Avenue, Pacific Grove (APNs 007-061-046 and 007-061-048) to Satisfy Condition of Approval No. 5 of Coastal Development Permit No. 22-0296 PAGE 31
Reference: Joseph Sidor, Contract Planner
Recommended Action: Staff recommends the City Council:

Find that accepting the Conservation Easement Deeds is categorically exempt per Section 15305 of the CEQA Guidelines;

1. Accept the Conservation Easement Deeds to satisfy Condition of Approval No. 5 of Coastal Development Permit No. 22-0296;

2. Adopt the resolution authorizing the City Manager to accept the deeds or grants conveying an interest in or easement upon the subject real property or real estate; and

3. Direct the City Manager to accept and submit the Conservation Easement Deeds to the County Recorder for recordation with all applicable recording fees paid by the applicant.

4. CEQA: Categorical Exemption, CEQA Guidelines Section 15305, Class 5, Minor Alterations in Land Use Limitations

7. ORDINANCES
Items pulled from this section will be placed under 11. Public Hearings A. Ordinance Amending the Salary Classification Schedule PAGE 84 Reference: Leticia Livian, Human Resources Director
Recommended Action: Hold second reading of an ordinance amending the salary classification schedule.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

8. REPORTS – INFORMATION ONLY
Items pulled from this section will be placed under 12. Unfinished and Ongoing Business or 13. New Business

9. REPORTS – REQUIRING ACTION
Items pulled from this section will be placed under 12. Unfinished and Ongoing Business or 13. New Business
A. Appointment to Library Board PAGE 91
Reference: Bill Peake, Mayor
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Reference: Bill Peake, Mayor
Recommended Action: Motion to approve appointment of Lucy Moore to Library Board ending January 31, 2028.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
B. Arborist Services PAGE 93
Reference: Daniel Gho, Public Works Director/Deputy City Manager Recommended Action:

Authorize an agreement with Monterey Bay Treeworks for Professional Arborist Services for FY 24/25 in an amount not to exceed $104,000.

1. 2. Alternatively, discuss and take other action on this item.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
C. Maintenance Services Agreement with The Don Chapin Co., Inc DBA Greenline Liquid PAGE 96 Waste Haulers for Sanitary Sewer Maintenance Services
Reference: Joyce Halabi, Deputy Public Works Director
Recommended Action:

Authorize Mayor to sign extensions of the Maintenance Service Agreement with The Don Chapin Co., Inc DBA Greenline Liquid Waste Haulers

1. 2. Alternatively, discuss and take other action related to this item CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
D. Maintenance Services Agreement with Accent Clean and Sweep Inc. For Street Sweeping Services PAGE 186
Reference: Joyce Halabi, Deputy Public Works Director
Recommended Action:

Authorize Mayor to sign extensions of the Maintenance Services Agreement with Accent Clean and Sweep Inc.

1. 2. Alternatively, discuss and take other action related to this item CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

10. MEETING MINUTES OF COMMISSIONS, BOARDS, AND COMMITTEES Items pulled from this section will be placed under 13. New Business

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.

A. Waste Water Collection Service Fees on the Tax Bill Protest Public Hearing PAGE 260 Reference: Matt Mogensen, City Manager
Recommended Action: Staff recommends the City Council:

Continue a Public Hearing on the collection of annual sewer service fees on the property tax roll by the County of Monterey to a date certain;

1. Continue a Public Hearing on the collection of annual sewer service fees on the property tax roll by the County of Monterey to a date uncertain.

2. CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
B. Resolution of the City Council Of The City Of Pacific Grove Submitting A Ballot Measure To Voters To Amend The Pacific Grove City Charter To Change The Number Of Elected City Council Members From Six To Four and related changes to the City Charter
Reference: Matt Mogensen, City Manager PAGE 268
Recommended Action:

Motion to adopt a Resolution of the City Council Of The City Of Pacific Grove Submitting A Ballot Measure To Voters To Amend The Pacific Grove City Charter To Change The Number Of Elected City Council Members From Six To Four and related changes to the City Charter.

1. 2. Other action related to this item.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
C. Resolution of the City Council of the City of Pacific Grove submitting a ballot measure to voters amending Chapter 23.45 of the Pacific Grove Municipal code to add a definition of timeshare project and prohibit advertising and sale thereof and other changes Reference: Matt Mogensen, City Manager PAGE 288
Recommended Action:

Motion to adopt a Resolution of the City Council of the City of Pacific Grove submitting a ballot measure to voters amending Chapter 23.45 of the Pacific Grove Municipal code to add a definition of timeshare project and prohibit advertising and sale thereof and other changes (Attachment 1).

1. Motion finding that Resolution and Proposed Ordinance are not subject to the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because the enactment of this Proposed Ordinance: (1) does not constitute a “project” as defined by CEQA pursuant to Sections 15060(c)(3) and 15378; (2) will not result in a direct or reasonably

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foreseeable indirect physical change in the environment pursuant to Section 15060(c)(2); (3) is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment pursuant to 15061(b)(3); and (4) involves regulatory actions to assure protection of the environment pursuant to Section 15308.

3. Other action related to this item.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
D. Lovers Point Grill Lease Agreement PAGE 303
Reference: Matt Mogensen, City Manager
Recommended Action:

1. Request the City Attorney to read the title of the ordinance; Motion to waive further reading and introduce an Ordinance of the City Council of the Pacific Grove approving a five-year lease between Sunset Hospitality Group, Inc., a California corporation, and the City of Pacific Grove for the use of City owned property including approximately 270 square feet of building space located at Lover’s Point Park and Beach in the City of Pacific Grove, and authorizing and directing the City Manager to execute the same.

2. Direct that publication of the Ordinance will be satisfied by publication of a summary approved by the City Attorney.

3. 4. Motion to approve the form of a Lease with Sunset Hospitality Group.

5. Motion to approve a License Agreement with Sunset Hospitality Group.

Motion finding the License Agreement and Lease Agreement are exempt from the California Environmental Quality Act (CEQA) per Section 15301 of the CEQA Guidelines which allows for the leasing, licensing, repair, and maintenance of public or private structures.

6. CEQA: Categorical Exemption, CEQA Guidelines Section 15301, Class I, Existing Facilities

12. UNFINISHED AND ONGOING BUSINESS
A. Resolution Amending Council Policy 000-17 ‘Order of Agenda’ PAGE 363 Reference: Brian Pierik, City Attorney
Recommended Action:

1. Motion to adopt a Resolution Amending Council Policy 000-17 'Order of Agenda’.

2. Alternative, discuss and take other action related to this item.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

13. NEW BUSINESS

14. FULL PRESENTATIONS
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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. 2 A

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: George Fuerst, Environmental Program Manager
MEETING DATE: July 03, 2024
SUBJECT: Central Coast Community Energy (3CE) Annual Presentation CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Receive presentation.

Attachments
PPT
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Judith Young
Senior Account Manager, Member Agencies
July 3, 2024

CITY OF PACIFIC GROVE
3CE Annual Presentation
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A PARTNERSHIP TO SUPPORT SHARED CUSTOMERS
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2023 YEAR IN REVIEW
Lower emissions
Cleaner more reliable grid
Community investment
Stable and responsible rates
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3CE PRIORITIZES INNOVATION
–One of California’s first solar + storage projects –The state’s first new geothermal project in three decades –The largest compressed air battery storage in the world PGCC 7-3-24

ADDITIONALITY – THE KEY TO OUR

PROCUREMENT STRATEGY
Investing in a diverse portfolio of renewables coupled with innovative energy storage capacity
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CALIFORNIA BREAKS RENEWABLE ENERGY

RECORDS
It’s working!
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3CE DELIVERS POWER FOR GOOD
Affordable Rates Project Selection Criteria Rebates & Incentives PGCC 7-3-24

INVESTING IN YOUR COMMUNITY
Residential, Commercial, & Agriculture Rebates Available Agriculture
Electrification
Program
- $75,000
Electrify Your Home
$17,385
$2,500 per unit
Concierge - $24,000
New Construction
Electrification
$5,000
$250,000
Electric Bus - $200,000
$1000-4000
$150,000
Electrify Your Ride
Residential
Commerical & Ag
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INVESTING IN YOUR COMMUNITY
Total Investment Over $462,000
$217,046
Electrify Your Ride
$11,300
Electrify Your
Home
$80,300
New Construction
Electrification
$5,000
Central Coast
Incentive Project
$160,000
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INVESTING IN YOUR CITY’S ENERGY TRANSITION
Member Agency Programs:

Plan Your Fleet
Electrify Your Fleet
Charge Your Fleet
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INVESTING IN YOUR CITY’S ENERGY TRANSITION
– Reach Code Program
– Charging Stations/Charge-ready –Member Agency
Communications
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Thank You
12 3CE.org [email protected]
877-455-2223
Senior Account Manager (805) 693-2000
Judith Young [email protected]
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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: Staphany Arriola, Management Analyst (Confidential) MEETING DATE: July 03, 2024
SUBJECT: Minutes of the June 19, 2024 City Council Closed Session and Regular Meetings CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Approve minutes.

Attachments
Draft Minutes 6-19-24
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1 DRAFT MEETING MINUTES

CITY OF PACIFIC GROVE

CITY COUNCIL

AMENDED SPECIAL MEETING
Wednesday, June 19, 2024, 5:00 P.M.

Council Chamber – City Hall – 300 Forest Avenue, Pacific Grove, CA Join the Zoom Meeting to participate live at:
https://www.cityofpacificgrove.org/Zoom_Closed

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, and McDonnell. Absent: Councilmember Poduri.

APPROVAL OF AGENDA
Action: Upon motion by Councilmember Amelio and seconded by Councilmember Coletti, Council voted 6-0-1, Councilmember Poduri absent, to approve the agenda.

CLOSED SESSION

PUBLIC COMMENT ON CLOSED SESSION MATTERS
No public comment received.

1. Written Public Comment
A. Conference with Real Property Negotiators (Government Code § 54956.8) Property: The Grill at Lovers Point, 628 Ocean View Boulevard
Agency Negotiator(s): Matthew Mogensen, City Manager, Jessie Catacutan, Interim Administrative Services Director, Director
Negotiating Party(ies): N/A Sunset Hospitality Group, Inc.

Under negotiation: Price and terms of payment
B. Public Employment, (Government Code § 54957)
Title: City Attorney Performance Evaluation
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2 DRAFT MEETING MINUTES

CITY OF PACIFIC GROVE

CITY COUNCIL
REGULAR MEETING Wednesday, June 19, 2024, 6:00 P.M.

Council Chamber – City Hall – 300 Forest Avenue, Pacific Grove, CA JOIN THE ZOOM WEBINAR TO PARTICIPATE LIVE AT:
https://www.cityofpacificgrove.org/Zoom_CC

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 Amelio led the pledge of allegiance.

1. APPROVAL OF AGENDA
Action: Upon motion by Councilmember Beck and seconded by Councilmember Coletti, 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 Real Property Negotiators (Government Code § 54956.8) Property: The Grill at Lovers Point, 628 Ocean View Boulevard
Agency Negotiator(s): Matthew Mogensen, City Manager, Jessie Catacutan, Interim Administrative Services Director, Director
Negotiating Party(ies): Sunset Hospitality Group, Inc.

Under negotiation: Price and terms of payment
Public Employment, (Government Code § 54957)
Title: City Attorney Performance Evaluation
City Attorney Brian Pierik stated no reportable action was taken.

B. Council and staff made general announcements.

4. GENERAL PUBLIC COMMENT
General public comment received from Keith Rootsaert, unnamed speaker, Marsha, and Inge Lorentzen Daumer.

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3 A. Written General Public Comment

CONSENT AGENDA
Action: Consent Agenda item 7A, 9B, and 9C were pulled and considered immediately following the Consent Agenda.

Action: Upon motion by Councilmember Beck and seconded by Mayor Pro Tem Smith, Council voted 7-0, to approve the Consent Agenda as modified.

5. APPROVAL OF CITY COUNCIL MEETING MINUTES
A. Minutes of the June 5, 2024 City Council Special and Regular Meetings Action: Approved minutes.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

6. RESOLUTIONS
A. Employment of Retired Annuitant
Action: Approved Resolution No. 24-025 appointing Diana Godwin as a Retired Annuitant to temporarily fill the Library Director vacancy.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
B. Certification of Compliance with State Law with Respect to the Levying of General and Special Taxes, Assessments and Property Related Fees and Charges for FY 2024-25.

Action: Adopted Resolution No. 24-026 Certifying Compliance with State Law with Respect to the Levying of General and Special Taxes, Assessments, and Property Related Fees and Charges.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

7. ORDINANCES
A. Ordinance to Adopt the Fiscal Year 24/25 Operating and Capital Improvement Budget; and Amend the Fiscal Year 23/24 Operating and Capital Improvement Budget This item pulled and considered immediately following the Consent Agenda.

Reference: Tori Hannah, Administrative Services Director/Assistant City Manager Recommended Action: Hold second reading of an ordinance adopting the Fiscal Year 24/25 Operating and Capital Improvement Budget and amending the Fiscal Year 23/24 Operating and Capital Improvement Budget.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

8. REPORTS – INFORMATION ONLY
A. Core Revenue Report for May
Action: Received the report.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
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4 B. May 2024 Check Register
Action: Received the Check Register.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
C. Monterey-Salinas Transit Minutes for May 13, 2024
Action: Received minutes.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
D. Community Goals and Work Plan Review for FY 24-25
Action: Received the Goals and Work Plan Update.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

9. REPORTS – REQUIRING ACTION
A. Agreement for Services with Pacific Grove Unified School District for School Resource Officer
Reference: Brian Anderson, Commander
Recommended Action: Motion to authorize the Mayor to sign Agreement For Services with Pacific Grove Unified School District for services of a School Resource Officer ("SRO").

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
B. Amended Agreement with HdL Companies for Sales Tax, Business Licenses, and TOT Collection and Compliance Services. This item pulled and considered immediately following the Consent Agenda.

Reference: Lori Frati, Finance Manager
Recommended Action: 1. Authorize the Mayor to amend the existing agreement with HdL companies for a 1-year extension to June 30, 2025 (renewable for an additional 1 year thereafter) in the amount not to exceed $60,000 for the following:
• Sales, Use and Transactions Tax Auditing and Information Services; • Business License Tax Operations and Compliance Services; and • Transient Occupancy Tax Operations Management Services.

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. Agreement with Johnson Electronics for Door Access Control Implementation at City Hall. This item pulled and considered immediately following the Consent Agenda
Action: Authorized the Mayor/City Manager to execute an agreement with Johnson Electronics for implementation of Door Access Controls at City Hall in the amount not to exceed $87,000.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
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5 10. MEETING MINUTES OF COMMISSIONS, BOARDS, AND COMMITTEES A. Beautification and Natural Resources Commission Minutes: March 19, 2024 and April 16, 2024
Action: Received the minutes.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
B. Climate Action and Adaptation Planning Committee Minutes: May 18, 2023, August 17, 2023, February 15, 2024, and April 18, 2024
Action: Received the minutes.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
C. Diversity, Equity and Inclusion Task Force Minutes: May 13, 2024 Action: Received the minutes.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
*****

7.A. Ordinance to Adopt the Fiscal Year 24/25 Operating and Capital Improvement Budget; and Amend the Fiscal Year 23/24 Operating and Capital Improvement Budget This item was pulled from the Consent Agenda.

Public comment received from Marsha, and Carmelita Garcia.

Action: Upon motion by Mayor Pro Tem Smith and seconded by Mayor Peake, Council voted 7-0 to hold second reading of Ordinance No. 24-009 adopting the Fiscal Year 24/25 Operating and Capital Improvement Budget and amending the Fiscal Year 23/24 Operating and Capital Improvement Budget.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

9.B. Amended Agreement with HdL Companies for Sales Tax, Business Licenses, and TOT Collection and Compliance Services. This item pulled from the Consent Agenda.

Public comment received by Inge Lorentzen Daumer.

Action: Upon motion by Mayor Pro Tem Smith and seconded by Mayor Peake, Council voted 7-0 to authorize the Mayor to amend the existing agreement with HdL companies for a 1-year extension to June 30, 2025 (renewable for an additional 1 year thereafter) in the amount not to exceed $60,000 for the following: Sales, Use and Transactions Tax Auditing and Information Services; Business License Tax Operations and Compliance Services; and Transient Occupancy Tax Operations Management Services.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

9.C. Agreement with Johnson Electronics for Door Access Control Implementation at City Hall. This item pulled from the Consent Agenda.

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6 Public comment received by Inge Lorentzen Daumer and Marsha.

Action: Upon motion by Councilmember Poduri and seconded by Mayor Pro Tem Smith, Council voted 7-0 to authorize the City Manager to execute an agreement with Johnson Electronics for implementation of Door Access Controls at City Hall in an amount not to exceed $87,000.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

REGULAR AGENDA

11. PUBLIC HEARINGS
A. Ordinance Amending the Salary Classification Schedule No public comment received.

Action: Upon motion by Mayor Pro Tem Smith and seconded by Councilmember Beck, Council voted 7-0 to

1. Request the City Attorney read the title of the ordinance;

2. Waive further reading of the ordinance;

3. Introduce and hold first reading of an ordinance to amend the salary classification schedule; and approve the amendment; and

4. Direct that a summary of a proposed ordinance be published as approved by the City Attorney
CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

12. UNFINISHED AND ONGOING BUSINESS
A. Direction to City Manager regarding Outside Dining/Parklets Public comment received from Kelly Chateau, Liz Jacobs, Inge Lorentzen Daumer and Lisa Ciani.

Action: Upon motion by Mayor Pro Tem Smith and seconded by Councilmember Amelio, Council voted 7-0 to direct City Manager in regard to applications for a Coastal Development Permit (CDP) for three parklets in the Coastal Zone based on the following options:
(1) Owner applies for a no-fee CDP since there is a public benefit to the parklets which are open for public use, and in such circumstances a fee waiver is authorized; and direct City Manager in regard to retaining consultant to draft Manual for Outside Dining.
(2) Proceed with extended “bulb out” sidewalks on the intersection and existing sidewalk configuration.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
B. Lighthouse Avenue Sidewalk Widening Project
Public comment received from Liz Jacobs, Dixie Layne, and Marabee.

Action: Upon motion by Mayor Pro Tem Smith and seconded by Councilmember Coletti, Council voted 4-2-1, Councilmembers Amelio and Poduri dissenting, Councilmember Beck DRAFT PGCC 7-3-24

7 recusing, to authorize the City Manager to go out to bid for the construction of the Lighthouse Avenue Sidewalk Widening Project.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

13. NEW BUSINESS

14. FULL PRESENTATIONS

15. CLOSED SESSION

ADJOURNMENT
Council adjourned the regular meeting at 8:39 p.m.

Respectfully Submitted,
Staphany Arriola
Management Analyst
Approved by Mayor: _____________________________________________Date________________ Attest by City Manager : __________________________________________Date_________________ DRAFT PGCC 7-3-24

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: Joseph Sidor, Contract Planner
MEETING DATE: July 03, 2024
SUBJECT: Acceptance of Conservation Easement Deeds for 1335 and 1353 Arena Avenue, Pacific Grove (APNs 007-061-046 and 007-061-048) to Satisfy Condition of Approval No. 5 of Coastal Development Permit No. 22-0296 CEQA: Categorical Exemption, CEQA Guidelines Section 15305, Class 5, Minor Alterations in Land Use Limitations

RECOMMENDATION
Staff recommends the City Council:

Find that accepting the Conservation Easement Deeds is categorically exempt per Section 15305 of the CEQA Guidelines;

1. Accept the Conservation Easement Deeds to satisfy Condition of Approval No. 5 of Coastal Development Permit No. 22-0296;

2. Adopt the resolution authorizing the City Manager to accept the deeds or grants conveying an interest in or easement upon the subject real property or real estate; and

3. Direct the City Manager to accept and submit the Conservation Easement Deeds to the County Recorder for recordation with all applicable recording fees paid by the applicant.applicant.

4. DISCUSSION
Pursuant to the City's certified Local Coastal Program, the Planning Commission required the proposed conservation easements (attached) as a condition of approval of a Coastal Development Permit (CDP) for a lot line adjustment approved by the Planning Commission on December 14, 2023 (CDP No. 22-0296, attached as Exhibit B to the proposed conservation easement deeds). The proposed conservation easements satisfy Condition of Approval No. 5, and are consistent with Land Use Plan Policy BIO-24(d), which states the following:
"As a condition of coastal development permit approval, all other areas of the lot outside of the Residential Development Envelope shall be restored/enhanced and maintained in a natural dune condition within which the only allowed development, use, and activities are those associated with dune restoration/enhancement and protection. All dune restoration, enhancement, and protection areas shall be covered by both a dune restoration, enhancement and protection plan prepared by a qualified dune restoration professional, as well as a deed restriction or other similar legal restriction adhering to the property (i.e., a conservation easement, etc.) designed to limit allowed development, use, and activities in perpetuity to those associated with dune restoration, enhancement and protection."
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The Applicant has submitted the conservation easement metes and bounds legal descriptions and maps showing the general location of the easements on the properties (attached as Exhibits C1 and C2 to the proposed conservation easement deeds). The City would hold the easement in perpetuity for the benefit of the people of the State of California; however, per the terms of the deeds, the public would not have physical access to the private property.

Per the terms of the Conservation Easement Deeds, all costs and expenses for maintenance or improvement of the conservation easement areas would be the responsibility of the property owner (i.e., the Grantor). The City (i.e., the Grantee) would not be obligated to maintain, improve, or otherwise expend any funds in connection with the conservation easement areas. Potentially, the City could incur costs associated with monitoring the terms of compliance of the deeds if the property owner fails to maintain the conservation areas. If the conservation areas are not maintained per the terms of the conservation easement deeds, then compliance monitoring would be a function of code enforcement, and costs incurred could be recouped via the levying of fines or other enforcement mechanism.

California Environmental Quality Act (CEQA)
In reviewing this action, the City has followed the CEQA statute adopted by the State of California as published in the California Public Resources Code, Division 13, §21000, et seq., and the associated guidelines as published in the California Code of Regulations, Title 14, §15000, et seq. (i.e., CEQA Guidelines). The proposed acceptance of the conservation easement deeds to satisfy a condition of approval under CDP 22-0296 is found to be consistent with the parameters of the categorical exemption determination for the approval of the CDP per Section 15305, Class 5, Minor Alterations in Land Use Limitations. No further environmental analysis is required.

OPTIONS
Accept the Conservation Easement Deeds to satisfy Condition of Approval No. 5 of Coastal Development Permit No. 22-0296 and adopt the resolution authorizing the City Manager to accept the deeds or grants conveying an interest in or easement upon the subject real property or real estate; or

1. 2. Discuss and take other action related to this item.

FINANCIAL IMPACT:

All costs associated with maintenance of and/or improvement to the conservation easement areas will be borne by the property owner, not the City.

FOCUSED PRIORITY AREA: Environmental Stewardship
Attachments
Proposed Resolution
Conservation Easement Deed, including Exhibits - 1335 Arena Avenue Conservation Easement Deed, including Exhibits - 1353 Arena Avenue PGCC 7-3-24

1 RESOLUTION NO. 24-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFIC

GROVE AUTHORIZING THE CITY MANAGER TO ACCEPT THE
CONSERVATION EASEMENT DEEDS TO SATISFY CONDITION NO. 5
OF COASTAL DEVELOPMENT PERMIT NO. 22-0296 CONVEYING AN

INTEREST IN REAL ESTATE OR REAL PROPERTY TO SAID CITY

AND TO CONSENT TO THE RECORDATION THEREOF

FINDINGS
WHEREAS, the City of Pacific Grove is a charter city and municipal corporation organized and existing pursuant to the Constitution and laws of the State of California; and WHEREAS, Section 27281 of the Government Code of the State of California provides that deeds or grants conveying any interest in or easements upon real estate or real property to a political corporation or governmental agency for public purposes shall not be accepted for recordation without the consent of the grantee evidenced by its resolution of acceptance or certificate of acceptance pursuant to its resolution authorizing an officer or agent to accept and consent to the recordation of such deeds and grants, attached to or printed on the deed or grant; and WHEREAS, the City of Pacific Grove is a governmental agency within the purview of Section 27281 of the Government Code of the State of California;

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE AS FOLLOWS:

SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution.

SECTION 2. The City Manager of the City of Pacific Grove is hereby authorized to accept deeds or grants conveying an interest in or easement upon real property or real estate at 1335 Arena Avenue and 1353 Arena Avenue to the said City.

SECTION 3. The City Manager of the City of Pacific Grove is hereby authorized to consent to the recordation of deeds or grants conveying an interest in or easement upon real estate or real property at 1335 Arena Avenue and 1353 Arena Avenue to the said City, on behalf of the City Council of said City.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF PACIFIC GROVE this 3rd day of July, 2024 by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:

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_______________________________
BILL PEAKE, Mayor
ATTEST:

DATED:_______________________
_______________________________
SANDRA KANDELL, City Clerk
APPROVED AS TO FORM:
_______________________________
BRIAN A. PIERIK, City Attorney
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1 When recorded return to:

CITY OF PACIFIC GROVE
COMMUNITY DEVELOPMENT DEPT.

Attn: Garrett McCown
300 Forest Avenue
Pacific Grove, CA 93950
(831) 648-3199
Space above for Recorder’s Use

CONSERVATION EASEMENT DEED
(COASTAL)
THIS CONSERVATION EASEMENT DEED (this “Easement Deed”) is made this _____ day of _______________, 2024, by and between RICHARD E. LOEHR, SUCCESSOR TRUSTEE OF THE GERTRUDE M. LOEHR LIVING TRUST, as Grantor, and the CITY OF PACIFIC GROVE, a political subdivision of the State of California, as Grantee.

WITNESSETH:

WHEREAS, Grantor is the owner in fee of the real property more particularly described and depicted in Exhibits “A1” and “A2” attached hereto and made a part hereof, situated in the City of Pacific Grove, County of Monterey, State of California (hereinafter the “Property”); and
Permit No.: CDP 22-0296
The Undersigned Grantor(s) Declare(s):

DOCUMENTARY TRANSFER TAX OF $ 0
[ ] computed on the consideration or full value of
property conveyed, OR
[ ] computed on the consideration or full value less
value of liens and/or encumbrances remaining at
time of sale,
[ ] unincorporated area; and
[ X ] Exempt from transfer tax,
Reason: Transfer to a governmental entity

Resolution No.: Planning Commission Permit
No. CDP 22-0296
Owner Name: Richard E. Loehr, Successor
Trustee of the Gertrude M.

Loehr Living Trust
Project Planner: Garrett McCown
APN: 007-061-048-000

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2 WHEREAS, a portion of the Property comprises the Conservation Easement, and includes environmentally sensitive area and environmentally sensitive habitat area , as those terms are defined under the California Coastal Act of 1976 (the “Act”) and the City of Pacific Grove Local Coastal Program (“LCP”), (referred to herein, collectively, as “ESHA”), and also provides natural scenic beauty and open space values; and WHEREAS, the Grantor and the Grantee desire to preserve and conserve for the public benefit the Conservation Easement area, including for its ESHA, its great natural scenic beauty, and its open space values, in such a way as to ensure enhancement, protection, and management of such areas as protected and self-functioning habitat areas in perpetuity; and including because such ESHA protection is essential to the health and well-being of the Asilomar Dunes, not only in terms of the value of the resources themselves, but also in terms of fostering a natural environment within which the Dune’s residential and visitor-serving commercial uses can thrive; and WHEREAS, the Act requires that any coastal development permit approved by the City must be consistent with the provisions of the certified LCP; and WHEREAS, pursuant to the Act, and the LCP, Grantor applied to the City for a permit to undertake development as defined in the LCP; and WHEREAS, a Coastal Development Permit was granted (Community Development Department File Number 22-0296, hereinafter referred to as the “Permit”) on December 14, 2023, by the City of Pacific Grove Planning Commission pursuant to the Findings, Evidence, and Conditions contained in Permit No. 22-0296, attached hereto as Exhibit “B” and hereby incorporated by this reference in its entirety (hereinafter the “Permit”), subject to the following condition:
“Condition of Approval No. 5 – CONSERVATION EASEMENT – Per Land Use Plan Policy BIO-24(d), the Owner(s) of adjusted Lots 1 and 2 (i.e., the currently developed properties) shall dedicate a conservation easement to the City for all areas of the properties outside of the Residential Development Envelope and Outdoor Use Area. The conservation easement shall contain specific restrictive language that permanently prohibits all future development in the preservation area, with the following exception: existing utility uses and their maintenance. The Owner(s) shall PGCC 7-3-24

3 submit a signed and notarized Subordination Agreement, if required, to the Community Development Department (“CDD”) for review and approval. The easement legal description and map shall be developed in consultation with a certified professional, and the Owner(s) shall submit the draft legal description and map of the easement area to the CDD for review. The easement deed shall be approved by the CDD Director and accepted by the City Council.

WHEREAS, the areas being protected include natural, scenic, and open space qualities and features valuable for plant and wildlife habitat; and WHEREAS, the City, acting on behalf of the People of the State of California and pursuant to the Act, and in accordance with the findings contained in the Permit, granted the Permit to the Grantor upon the condition described above (hereinafter the “Condition”) requiring, inter alia, that the Grantor record a conservation easement affecting the Conservation Easement and agree to restrict development on and use of the Conservation Easement so as to enhance, protect, preserve, and manage the habitat, open space, scenic, and overall natural resource values present in the Conservation Easement as protected and self-functioning habitat areas in perpetuity, including to prevent any adverse direct and cumulative effects on these resources; and WHEREAS, the City has placed the Condition on the Permit because a finding must be made under the law that the proposed development is in conformity with the provisions of the certified LCP and that in the absence of the protections provided by the Condition said finding could not be made; and
WHEREAS, Grantor has elected to comply with the Condition and execute this Easement Deed so as to enable Grantor to undertake the development authorized by the Permit; and
WHEREAS, it is intended that this Easement Deed be irrevocable and shall constitute enforceable restrictions within the meaning of Article XIII, Section 8, of the California Constitution and that this Easement Deed shall thereby qualify as an enforceable restriction under the provision of the California Revenue and Taxation Code, Section 402.1; and
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4 WHEREAS, the Grantor is willing to execute this Easement Deed for the conservation and scenic use as herein expressed of the Conservation Easement, and thereby enhance, protect, preserve, and manage the habitat, open space, scenic, and overall natural resource value by the restricted use and enjoyment of the Conservation Easement by the Grantor through the imposition of the restrictions hereinafter expressed; and
WHEREAS, the recitals set forth above are hereby incorporated in and made a part of this Easement Deed by this reference.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant and convey unto Grantee for the benefit of the People of the State of California, an estate, interest, and conservation easement in perpetuity for the purpose of habitat protection and resource conservation over the Conservation Easement area in accordance with the following provisions (the “Conservation Easement”); and to that end and for the purposes of accomplishing the intent of the parties hereto, Grantor covenants on behalf of itself, its heirs, successors, and assigns, with the Grantee, its successors and assigns, to do and refrain from doing severally and collectively upon the Conservation Easement the various acts hereinafter mentioned.

A. PROPERTY SUBJECT TO EASEMENT. The Property of the Grantor hereinabove referred to and to which the provisions of this instrument apply is situated in the City of Pacific Grove, County of Monterey, State of California, and is particularly described and depicted in Exhibits “C1” and “C2””, attached hereto, and made a part hereof, hereinafter referred to as the “Conservation Easement”.

B. RESTRICTIONS, EXCEPTIONS, AND RESERVATIONS. Upon
recordation of this Easement Deed and thereafter in perpetuity, the use of the Conservation Easement shall be limited to natural open space for habitat protection and resource conservation uses. No “development” (as defined in Land Use Plan Section

1.10 of the LCP), including, but not limited to, removal of trees and other major or native vegetation, grading, paving, installation of structures such as signs, buildings, etc., and no grazing or agricultural activities shall occur or be allowed on the Conservation PGCC 7-3-24

5 Easement with the exception of the following (subject to compliance with any applicable governmental regulatory requirements):

1. The right to maintain, repair, and use all existing roads, trails, public service and utility lines, pipes, and transmission facilities (including those for gas, electricity, telephone, water, sewer, and cable television), and facilities for drainage and erosion and sedimentation control, upon the Conservation Easement area.

2. The right to the construction, maintenance, repair, and use of new public service and utility lines, pipes, and transmission facilities (including those for gas, electricity, telephone, water, sewer, and cable television), and facilities for drainage and erosion and sedimentation control, when such public service, utility, and drainage pipes and facilities are found to be infeasible to be located outside of such conservation areas, and, if infeasible, when such facilities are the minimum necessary.

3. Conduct of public and private scientific study, consistent with the intent of this Conservation Easement.

4. The use and occupancy of the Conservation Easement area not inconsistent with the conditions and restrictions herein imposed, such as public and private visitation, hiking, and similar passive or low-impact outdoor recreational uses.

5. Management of resources within the Conservation Easement area in accordance with a Habitat Restoration Plan dated March 12, 2024 (incorporated herein by reference and a copy of which is maintained in the Community Development Department of the City).

For any allowable use and development, Grantor shall provide Grantee with copies of all Site and Construction Plans (e.g. Site, Grading, Utility, Drainage, Erosion Control, and Landscape plans, etc.) showing the location of existing and proposed facilities and the materials and specifications for proposed grading and construction within the Conservation Easement area. Grantor shall give advance notice to Grantee whenever maintenance or construction activities will occur within the Conservation Easement area.

C. SUBJECT TO APPLICABLE LAWS. Land uses and development permitted or reserved to the Grantor by this instrument shall be subject to all applicable laws regulating the use of land.

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6 D. BENEFIT AND BURDEN. This Conservation Easement shall run with and burden the Conservation Easement area, and all obligations, terms, conditions, and restrictions hereby imposed shall be deemed to be covenants and restrictions running with the land and shall be effective limitations on the use of the Conservation Easement from the date of recordation of this document and shall bind the Grantor and all of its successors and assigns. This Conservation Easement shall benefit Grantee and its successors and assigns on behalf of the People of the State of California forever.

E. RIGHT OF ENTRY. The Grantee, the Coastal Commission, or their agents may enter onto the Conservation Easement area to ascertain whether the use restrictions set forth above are being observed at times reasonably acceptable to the Grantor.

F. ENFORCEMENT. Any act or any conveyance, contract, or authorization, whether written or oral, by the Grantor which uses or would cause to be used or would permit use of the Conservation Easement area contrary to the terms of this Easement Deed will be deemed a breach hereof. The Grantee or the Coastal Commission may bring any action in court necessary to enforce this Easement Deed, including, but not limited to, injunction to terminate a breaching activity and to force the restoration of all damage done by such activity, or an action to enforce the terms and provisions hereof by specific performance. It is understood and agreed that the Grantee or the Coastal Commission may pursue any appropriate legal and equitable remedies. The Grantee or the Coastal Commission shall have sole discretion to determine under what circumstances an action to enforce the terms and conditions of this Easement Deed shall be brought in law or in equity. Any forbearance on the part of the Grantee or the Coastal Commission to enforce the terms and provisions hereof in the event of a breach shall not be deemed a waiver of Grantee’s or the Coastal Commission’s rights regarding any subsequent breach.

G. MAINTENANCE. The Grantee shall not be obligated to maintain, improve, or otherwise expend any funds in connection with the Conservation Easement or any interest or easement created by this Easement Deed. All costs and expenses for such maintenance, improvement, use, or possession shall be borne by the Grantor, except for costs incurred by Grantee for monitoring compliance with the terms of this PGCC 7-3-24

7 Easement Deed. Grantor and its successors and assigns shall manage and maintain the Conservation Easement area in accordance with the standards of a Habitat Restoration Plan dated March 12, 2024, as well as any other standards and requirements of whatever kind that may from time to time be legitimately imposed on the Conservation Easement subject to all required approvals, including entitlement approvals for any development, including changes in intensity of use.

H. LIABILITY AND INDEMNIFICATION. This conveyance is made and accepted upon the express condition that the Grantee, the Coastal Commission, and their agencies, departments, officers, directors, agents, employees, and authorized volunteers are to be free from all liability and claim for damage by reason of any injury to any person or persons, including Grantor, or property of any kind whatsoever and to whomsoever belonging, including Grantor, from any cause or causes whatsoever, except matters arising out of the sole negligence or intentional misconduct of the Grantee or the Coastal Commission while in, upon, or in any way connected with the Conservation Easement, Grantor hereby covenanting and agreeing to indemnify and hold harmless the Grantee, the Coastal Commission, and their agencies, departments, officers, directors, agents, employees, and authorized volunteers from all liability, loss, cost, and obligations on account of or arising out of such injuries or losses however occurring, except to the extent caused by the sole negligence or intentional misconduct of such entities or persons. The Grantee and the Coastal Commission shall have no right of control over, nor duties and responsibilities with respect to, the Conservation Easement which would subject the Grantee or the Coastal Commission to any liability occurring upon the Conservation Easement area by virtue of the fact that the Grantee and the Coastal Commission have the right to enter the Conservation Easement area, as such right is strictly limited to preventing uses inconsistent with the interest granted.

The parties acknowledge and agree that the Conservation Easement area is not “property of a public entity” or “public property”, and Grantee’s and Coastal Commission’s rights herein do not include the right to enter the Conservation Easement area for the purposes of correcting any “dangerous condition” as those terms are defined by California Government Code Section 830.

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8 I. TRANSFER OF TITLE. Grantor shall have the absolute right to transfer its right, title, and interest in and to all or any portion of the Conservation Easement area and upon such a transfer the transferee, by acceptance of the deed (whether or not so stated in the deed), shall have assumed and shall be obligated to perform all of the covenants of Grantor under this Easement Deed and shall have all of the rights and obligations of and be deemed to stand in the place of the Grantor for all purposes under this Easement Deed, with respect to the land transferred; and upon such a transfer Grantor shall be fully relieved and discharged from all of Grantor’s obligations under this Easement Deed with respect to the land transferred.

J. ASSIGNMENT.

1. Grantor shall have the right to assign its rights or delegate its obligations under this Easement Deed, in whole or in part. No such assignment or delegation by Grantor, however, shall relieve the fee owner or owners of the Conservation Easement area from the obligations to perform the covenants of Grantor in this Easement Deed, and such covenants shall continue as covenants running with the land as specified in Paragraph D above.

2. Grantee shall have the right to assign its rights and delegate its obligations under this Easement Deed, but only to a public agency, private association, or corporation which agrees to accept such rights and assume such obligations and is approved in writing in advance by the City, the Executive Director of the California Coastal Commission, and Grantor. Grantee shall not abandon the Conservation Easement, but may assign the Conservation Easement in accordance with the preceding sentence.

K. PUBLIC ENTRY AND USE OF CONSERVATION AREA. This Easement Deed does not govern access to or use of the Conservation Easement Area by members of the public.

L. SUCCESSORS AND ASSIGNS. The terms, covenants, conditions, exceptions, obligations, and reservations contained in this conveyance shall be binding upon and inure to the benefit of the successors and assigns of both the Grantor and the Grantee, whether voluntary or involuntary.

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9 M. SEVERABILITY. If any provision of this Easement Deed is held to be invalid or for any reason becomes unenforceable, no other provision shall be thereby affected or impaired.

N. AMENDMENT/MODIFICATION. This Easement Deed may be amended, modified, or changed only with the written consent of the Grantor and the Grantee. In addition, an amendment to the Permit may be required, if necessary, as determined by the City. Any amendment of this Easement Deed and any necessary amendment to the Permit shall be void and of no effect without the written consent of the two entities.

Executed this _____ day of _______________, 2024, at _______________, California.

GRANTOR
By: _____________________________
(Signature)
Richard E. Loehr, Successor Trustee
of the Gertrude M. Loehr Living Trust
PGCC 7-3-24

10 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS.

COUNTY OF __________ )
On , 2024, before me, , a
Notary Public, personally appeared , who proved to me
on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
(Seal)
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11 ACCEPTANCE AND CONSENT TO RECORDATION
This is to certify that the interest in real property conveyed by the easement deed or grant dated ____________________________ from Richard E. Loehr, Successor Trustee of the Gertrude M.

Loehr Living Trust, to the City of Pacific Grove, a political corporation and/or governmental agency, is hereby accepted by the City Council of the City of Pacific Grove on __________________________, (or by the undersigned officer or agent on behalf of the City of Pacific Grove pursuant to authority conferred by resolution of the City Council of the City of Pacific Grove (Resolution No. 24 - ___) adopted on _________________________,) and the grantee consents to recordation thereof by its duly authorized officer.

DATED: ________________ _____________________________________ (Signature)
MATTHEW MOGENSEN, City Manager
ATTEST:

DATED: ________________ _____________________________________ SANDRA KANDELL, City Clerk
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS.

COUNTY OF MONTEREY )
On , 2024, before me, , a Notary
Public, personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
(Seal)
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12 Document Form/Content Acceptable:
______________________________ Dated: ________________
BRIAN PIERIK, City Attorney
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EXHIBIT A1
LEGAL DESCRIPTION – ADJUSTED LOT 2 (1335 Arena Avenue)
Certain Real Property situate in the City of Pacific Grove, County of Monterey, State of California, being a portion of Block 330 as shown on that certain map entitled “Map of Pacific Grove Acres” filed on June 2, 1919, in Volume 3 of Cities and Towns at Page 13 in the Office of the County Recorder of said County and State, more particularly described as follows:

BEGINNING at point on the southerly sideline of Arena Avenue, a city street, from which a 2”x 2” redwood stake (remnant), marking the point of curvature of that certain 20,006 square foot parcel of land shown on that certain Record of Survey filed September 29, 1969 in Volume X5 of Surveys at Page 33, in the Recorder’s Office of said County and State, bears North 74° 57’ 24” East, 151.61 feet (a 1/2” iron pipe, marked “LS 2689 bears North 74° 57’ 24” East, 61.57 feet); thence leaving said southerly sideline

1. South 21° 55’ 48” East, 206.23 feet, from which a 2" x 2” wood hub with a brass tag marked “LS 2689” bears South 86° 00’ 46” East, 15.56 feet; thence

2. North 86° 00’ 46” West, 146.76 feet; thence

3. North 21° 55’ 48” West, 160.08 feet to the southerly sideline of Arena Avenue; thence easterly along said southerly sideline

4. Through a non‐tangent curve to the left with a radius of 540.00 feet, the center of which bears North 10° 04’ 05” West, through a central angle of 4° 58’ 31”, and arc distance of 46.89 feet; thence tangentially

5. North 74° 57’ 24” East, 86.37 feet to the Point of Beginning CONTAINING A TOTAL OF 0.55 ACRES, MORE OR LESS.

See Attached Exhibit A2
Prepared By: Roger A. Peterson, PLS 5958 February 19, 2024 Exhibit A1 Page 1 of 1
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Line to be extinguished
ADJUSTED LOT 2
1335 Arena Ave.

APN: 007-061-044

0.55 ac. +/-
2" x 2" hub with tag
marked "LS 2689"
Point of Beginning
N21° 55' 48"W 160.08' N10° 04' 05"W (Rad.)
N86° 00' 46"W 146.76'
S21° 55' 48"E 206.23'
N74° 57' 24"E 86.37'
Δ= 4°58'31"
R=540.00' L=46.89'

ARENA AVENUE
(a 40' wide city street)

ASILOMAR AVENUE
(a 60' wide city street)
Line to be extinguished
1/2" iron pipe
marked "LS 2689"
S86° 00' 46"E

15.56'
10' Slope, Drainage, and
Utilities Easement, to be
dedicated to public use
(As shown on X-5 Surveys 33)
N74°57'24"E 151.61' 61.57'

90.04'
2" x 2" hub
remnants
Exhibit A2
Showing Adjusted Lot 2
per Lot Line Adjustment CDP 22-0296
February 2024
Rasmussen Land Surveying, Inc.
2150 Garden Road, Suite A-3
Monterey, California 93940
P: 831.375.7240 F: 831.375.2545
RLS W.O. # 2022-049 Sheet 1 of 1
1" = 80'
0' 80' 160' 240'
Adjusted Parcel Boundary
Adjoining Parcel Boundary
Original Parcel Boundary
Right of Way
Easement Boundary
EYO
V U
ND S
N

D SE LA
R
IA
RN
T

O CALIF E
F
AT
O
I
R
L
S
EC
ROGER A.

PETERSON
No. 5958
Exhibit A2 Page 1 of 1
Exhibit A2
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EXHIBIT B
Coastal Development Permit 22-0296
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CITY OF PACIFIC GROVE
Community Development Department – Planning Division
300 Forest Avenue, Pacific Grove, CA 93950
T: 831.648.3183 • F: 831.648.3184 • www.ci.pg.ca.us/cdd COASTAL DEVELOPMENT PERMIT (CDP) 22-0296 TO ALLOW A LOT LINE ADJUSTMENT BETWEEN THREE LEGAL LOTS OF RECORD AT 1353 ARENA AVENUE, 1335 ARENA AVENUE, AND 320 ASILOMAR AVENUE.

FACTS

1. The subject properties are located at 1353 Arena Avenue (APN 007-061-003), 1335 Arena Avenue (APN 007-061-044), and 320 Asilomar Avenue (APN 007-061-045), Pacific Grove.

2. The subject properties have land use designations of Low Density Residential 1.0 du/ac in the adopted and certified City of Pacific Grove Coastal Land Use Plan (per LUP Figure 6).

3. The subject properties have a zoning classification of R-1-B-4.

4. The subject properties are located within the City’s Coastal Zone (per LUP Figure 1), within an archaeologically sensitive area (per LUP Figure 7), and within an environmentally sensitive habitat area.

5. The subject properties are not listed on the City’s Historic Resources Inventory (HRI).

6. Pursuant to Pacific Grove Municipal Code (PGMC) Sections 23.90.050, City CDP Determinations, and 23.90.040, CDP Exemptions, Community Development Department (CDD) staff determined the proposed lot line adjustment to be exempt from the requirement to obtain a CDP, and forwarded this determination to the Coastal Commission on December 12, 2022. An interested member of the public challenged this CDP determination, and Coastal Commission staff also responded with an opinion that a CDP would be required. After receipt of the Coastal Commission staff opinion, CDD staff forwarded a revised CDP determination that the proposed lot line adjustment would not be exempt from the requirement to obtain a CDP on September 13, 2023.

7. Detailed Project Description. The proposed project includes a lot line adjustment between three (3) legal lots of record consisting of existing Lot 1 (1353 Arena Avenue; APN 007-061-003; 54,252 square feet), existing Lot 2 (1335 Arena Avenue; APN 007-061-044; 23,470 square feet), and existing Lot 3 (320 Asilomar Avenue; APN 007-061-045; 19,971 square feet), resulting in an adjusted Lot 1 of 45,747 square feet; an adjusted Lot 2 of 24,073 square feet, and an adjusted Lot 3 of 27,873 square feet.

8. Per PGMC section 23.90.140, Coastal Hazards, CDD staff reviewed LUP Figure 3 (Coastal Hazards and Areas of Potential Sea Level Rise), aerial and topographic imagery, application materials, and conducted multiple site visits on June 29 and August 24, 2023, and determined the site and proposed lot line adjustment would not be subject to coastal hazards over its lifetime. The nearest point of the subject properties is over 375 feet from the shoreline and the site elevations range from approximately 49 feet to 119 feet. In this case, submittal of a Coastal Hazards Report is not warranted.

9. Per PGMC section 23.90.150, Water Quality and Marine Resources, the City did not require a water quality assessment because the proposed lot line adjustment does not propose new site coverage.

10. Per PGMC 23.90.160, Scenic Resources, CDD staff reviewed LUP Figure 4 (Scenic Areas), aerial and street view imagery, and conducted multiple site visits on June 29 and August 24, 2023. This review determined the site is within a designated scenic view area; however, as a proposed lot line adjustment involving no new structural development, the project would not adversely impact public DocuSign Envelope ID: 18AF1EC1-2F50-42F4-9BF9-7C3D37C87013 PGCC 7-3-24

views and a site-specific visual analysis is not required in this case. Future structural development on the properties would be subject to applicable policies and regulations regarding scenic resources.

11. Per PGMC section 23.90.170, Biological Resources, CDD staff reviewed LUP Figure 5 (Land Habitat Sensitivity Map), aerial imagery, and conducted multiple site visits on June 29 and August 24, 2023. Per LUP Figure 5, the properties are located in an area of moderate biological sensitivity and within the Asilomar Dunes Residential Area which is considered an environmentally sensitive habitat area. Also, a Biological Survey Report (Moss; July 27, 2023; attached) prepared for the project did not identify any potential impacts of the proposed lot line adjustment on biological resources. Additionally, the siting and layout of the proposed Residential Development Envelopes for each of the three lots was determined in consultation with the Project Biologist following a survey for rare plants and identification of areas of high and moderate environmental sensitivity.

The report also identified biological guidelines for future development of the properties. However, since no physical development is proposed, those guidelines are not relevant to the project under consideration at this time. Future structural development on the properties would be subject to applicable policies and regulations regarding biological resources.

12. Per PGMC section 23.90.200, Cultural Resources, the proposed project does not involve physical changes to the existing development on the subject properties; therefore, an historic report was not warranted. However, a Phase I Historic Assessment (Seavey; July 28, 2017; attached) prepared for the existing dwellings concluded that the residences have been altered over time and bear little resemblance to the original structures. Therefore, the combined loss of physical integrity and lack of historical significance disqualifies them from consideration for listing on the Pacific Grove Historic Resources Inventory (HRI). Additionally, on July 26, 2027, the Historic Resources Committee adopted an Initial Historic Screening (IHS 17-0643) for 1353 Arena Avenue that determined the property to be ineligible for the City's HRI.

13. Per PGMC section 23.90.200, Cultural Resources, the proposed lot line adjustment does not involve ground disturbance; therefore, an archaeological report is not warranted.

14. This project has been determined to be Categorically Exempt per California Environmental Quality Act (CEQA) Guidelines, Section 15305, Class 5, Minor Alterations in Land Use Limitations, and the exceptions to the exemptions in Section 15300.2 of the CEQA Guidelines do not apply.

FINDINGS
For a Coastal Development Permit per PGMC Section 23.90.080

1. LCP Consistency. The project is consistent with the LCP. (Local Coastal Program) As proposed and conditioned, the lot line adjustment meets the requirements of the LCP including, but not limited to, the applicable Coastal Resource Protection Standards of the Implementation Plan (IP) and the Biological, Cultural, Scenic, and Community Design policies of the Land Use Plan (LUP). These standards and policies are addressed in the Facts above and in the following findings.

2. Public Views. The project protects or enhances public views.

The proposed lot line adjustment involves no new structural development and would not adversely impact public views, and future structural development on the properties would be subject to applicable policies and regulations regarding scenic resources.

3. Habitat Protection. The project protects vegetation, natural habitats, and natural resources consistent with the LCP.

The lot line adjustment, as proposed and conditioned, would not impact natural habitats or resources. The siting and layout of the proposed Residential Development Envelopes for each of the three lots was determined in consultation with the Project Biologist following a survey for rare plants and identification of areas of high and moderate environmental sensitivity, and future structural development on the properties DocuSign Envelope ID: 18AF1EC1-2F50-42F4-9BF9-7C3D37C87013 PGCC 7-3-24

would be subject to applicable policies and regulations regarding biological resources. Therefore, the project is consistent with the LCP, including PGMC § 23.90.170 regarding biological resources and/or environmentally sensitive habitat areas.

4. Design Consistency. The design, location, size, and operating characteristics of the proposed development is consistent with applicable LCP design requirements, including design plans and area plans incorporated into the LCP.

As proposed, the project complies with the zoning regulations and development standards set forth in Pacific Grove Municipal Code (PGMC) Chapters 24.06 (Lot Line Adjustments), 23.90 (Coastal Implementation Plan), and 23.16 (R-1-B Combined Districts). The R-1-B-4 district requires a minimum building site area of 20,000 square feet and a minimum width of 100 feet. Existing Lot 3, at 19,971 square feet, is nonconforming and the proposed lot line adjustment would bring the lot into conformance with the applicable development standards.

5. Coastal Access. The project protects or enhances public access to and along the coast.

As proposed, the lot line adjustment would not impact public access to or along the coast.

6. Visitor Serving. The project supports the LCP goal of providing for visitor-serving needs as appropriate, including providing low and no cost visitor and recreational facilities.

The proposed lot line adjustment does not involve visitor-serving needs or facilities; therefore, this finding is not applicable.

7. Appropriate Use. The project is consistent with the allowed LCP uses associated with the property.

The site zoning classifications and land use designations are consistent with the proposed project.

8. Coastal Resources. The proposed development protects or enhances coastal resources, where applicable.

The proposed lot line adjustment does not involve structural development; therefore, this finding is not applicable. See also Fact Nos. 8 – 13 and supporting information, and Finding Nos. 2 and 3 above.

For a Lot Line Adjustment per PGMC Section 24.06.040

1. The adjustment involves four or fewer adjoining parcels that were legally created and will not result in the creation of more parcels than originally existed.

The proposed lot line adjustment is between three existing adjoining parcels, and the three existing legal lots of record share common boundaries. The proposed lot line adjustment will not create a greater number of parcels than originally existed. Three contiguous separate legal parcels will be adjusted, resulting in three contiguous separate legal parcels. Therefore, no new parcels will be created.

2. Each resulting parcel is viable in supporting existing or planned land uses based on applicable general plan and other applicable zoning regulations.

As proposed, the lot line adjustment is consistent with the Pacific Grove 1994 General Plan, the 2020 Local Coastal Program, and applicable zoning ordinances. Each resulting parcel is viable in supporting existing or planned land uses based on the applicable general plan and other applicable zoning regulations. City staff verified that the subject properties are in compliance with all rules and regulations pertaining to the use of the property, and that no violations exist on the subject properties.

3. The resulting parcels and any structure(s) or parking space(s) located thereon will comply with the requirements of the zoning district in which the parcel is located and with applicable building regulations, except that where an existing parcel(s) or structure(s) is nonconforming with respect to zoning regulations, a lot-line adjustment may be approved if the degree of nonconformance is not increased.

As proposed, the resulting parcels would comply with applicable zoning regulations and development standards set forth in PGMC Chapters 24.06 (Lot Line Adjustments), 23.90 (Coastal Implementation Plan), DocuSign Envelope ID: 18AF1EC1-2F50-42F4-9BF9-7C3D37C87013 PGCC 7-3-24

and 23.16 (R-1-B Combined Districts). The R-1-B-4 district requires a minimum building site area of 20,000 square feet and a minimum width of 100 feet. Existing Lot 3, at 19,971 square feet, is non-conforming and the proposed lot line adjustment would bring the lot into conformance with the applicable development standards.

4. The adjustment will not impair any existing public-street or private-access easement or create parcels without legal access to a public street and the number of lots fronting on a public street is not being reduced.

The proposed lot line adjustment would not impair existing access and each of the resulting parcels would have access to Arena Avenue and/or Asilomar Avenue.

5. The adjustment will not require substantial alteration of any existing public easements or improvements.

The proposed lot line adjustment would not require alteration of any existing public easement or improvements.

6. The adjustment will not result in a utility service line being located on any property other than the lot being served, unless the service line is contained in a recorded utility easement.

The proposed lot line adjustment would not result in any utility service line being located on any property other than the lot being served.

7. Each resulting parcel has been, or can be, provided with adequate sewage-disposal facilities.

Each resulting parcel either has or can be provided with an adequate lateral wastewater connection.

PERMIT
Coastal Development Permit (CDP) 22-0296 to allow a lot line adjustment between three (3) legal lots of record consisting of existing Lot 1 (1353 Arena Avenue; APN 007-061-003; 54,252 square feet), existing Lot 2 (1335 Arena Avenue; APN 007-061-044; 23,470 square feet), and existing Lot 3 (320 Asilomar Avenue; APN 007- 061-045; 19,971 square feet), resulting in an adjusted Lot 1 of 45,747 square feet; an adjusted Lot 2 of 24,073 square feet, and an adjusted Lot 3 of 27,873 square feet.

CONDITIONS OF APPROVAL

1. Permit Expiration. This permit shall expire and be null and void two (2) years from and after the date of approval. Application for extension of this approval must be made prior to the expiration date.

2. Terms and Conditions. These terms and conditions shall run with the land and bind to all future owners and possessors of the subject property, unless amended. Amendments to this permit may be achieved only if an application is made and approved, pursuant to the Zoning Code.

3. Conformance to Plans. Development and use of the sites shall conform to the approved plans for the “Lot Line Adjustment”, dated September 6, 2023, and “Site Plan - LLA”, dated August 30, 2023, on file with the Community Development Department, with the exception of any subsequently approved changes. Minor plan changes shall be subject to review and approval by the Community Development Director. Major plan changes may also require subsequent discretionary review and approval.

4. Certificate of Compliance. The Owner(s)/Applicant(s) shall prepare, execute and record deeds that reflect the lot line adjustment as required by California Government Code §66412(d) and request an unconditional Certificate of Compliance for each of the adjusted parcels.

Prior to the expiration of the entitlement, the Owner(s)/Applicant(s) shall do the following:

Have a professional land surveyor prepare a legal description and plat with closure calculations. The legal description shall be entitled "Exhibit A" and shall have the planning permit no. (CDP 22-0296) in the heading. The plat may be incorporated by reference into Exhibit “A,” or be entitled Exhibit “B.” The legal description and plat shall comply with the Monterey County Recorder's guidelines as to form and content.

DocuSign Envelope ID: 18AF1EC1-2F50-42F4-9BF9-7C3D37C87013 PGCC 7-3-24

Submit the draft legal descriptions, plats and closure calculations to the project planner for both of the following:
a. Each newly adjusted parcel of the lot line adjustment for which a Certificate of Compliance will be issued.
b. For the adjusted parcels, being all areas being conveyed by Owner(s) in conformance to the approved lot line adjustment.
i. The Owner(s)/Applicant(s) shall be responsible for ensuring the accuracy and completeness of all parties listed as Grantor and Grantee on the deeds.
ii. The purpose of the deed shall be stated on the first page of the deed, as follows: “The purpose of this deed is to adjust the parcel boundaries in conformance to the lot line adjustment approved by the City of Pacific Grove (CDP 22-0296). This deed is being recorded pursuant to §66412(d) of the California Government Code and shall be deemed to reconfigure the subject parcels in conformance to said approved lot line adjustment. Any configuration of said subject parcels that existed prior to recordation of this deed shall no longer be valid and shall not be used for the purpose of sale, lease or financing, whether immediate or future.”
NOTE: Owner(s) is/are responsible for securing any re-conveyance, partial re-conveyance and/or subordination in connection with any loan, mortgage, lien or other financial obligation on all property being transferred between parties.

Following project planner review and any corrections of the legal descriptions and plats:
a. Record the fully executed and acknowledged deed(s) to the adjustment parcels with the County Recorder. b. Deliver a copy of the recorded deed(s) to the project planner. c. Deliver the legal description and plat of each Certificate of Compliance to the Community Development Department for final processing, together with a check, payable to the “Monterey County Recorder,” for the appropriate fees to record the Certificate(s) of Compliance.

5. Conservation Easement. Per Land Use Plan Policy BIO-24(d), the Owner(s) of adjusted Lots 1 and 2 (i.e., the currently developed properties) shall dedicate a conservation easement to the City for all areas of the properties outside of the Residential Development Envelope and Outdoor Use Area. The conservation easement shall contain specific restrictive language that permanently prohibits all future development in the preservation area, with the following exception: existing utility uses and their maintenance. The Owner(s) shall submit a signed and notarized Subordination Agreement, if required, to the Community Development Department (CDD) for review and approval. The easement legal description and map shall be developed in consultation with a certified professional, and the Owner(s) shall submit the draft legal description and map of the easement area to the CDD for review. The easement deed shall be approved by the CDD Director and accepted by the City Council.

6. Dune Habitat Restoration. Per Land Use Plan Policy BIO-24(d), the Owner(s) of adjusted Lots 1 and 2 (i.e., the currently developed properties) shall prepare and implement dune restoration plans prepared by a qualified dune restoration professional. The prepared plan shall be submitted to the Community Development Department.

NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PACIFIC GROVE:

1. The Commission determined that each of the Findings set forth above is true and correct, and by this reference incorporates those Findings as an integral part of this Permit.

2. The Commission finds the project Categorically Exempt pursuant to CEQA Guidelines Section 15305, Class 5, Minor Alterations in Land Use Limitations.

3. The Commission approves CDP 22-0296 as proposed and conditioned.

4. This permit shall become effective upon the expiration of the 10-day appeal period after the final approval.

DocuSign Envelope ID: 18AF1EC1-2F50-42F4-9BF9-7C3D37C87013 PGCC 7-3-24

5. This permit shall not take effect until the owner acknowledges and agrees to all terms and conditions and agrees to conform to and comply with those terms and conditions.

PASSED AND ADOPTED AT A REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF PACIFIC GROVE ON THE 14TH DAY OF DECEMBER, 2023, BY THE FOLLOWING VOTE:

AYES: Commissioners Fredrickson, Murphy, Kubica, Nodzenski, Sawyer, and Chair Lilley NOES: None
ABSENT: Commissioner Davison
ABSTENTIONS: None
APPROVED:

Steven Lilley, Chair
The undersigned hereby acknowledge and agree to the approved terms and conditions, and agree to fully conform to, and comply with, said terms and conditions. ________________________________ ____________________
James Paul Loehr Date
________________________________ ____________________
Richard E. Loehr, Successor Trustee Date
of the Gertrude M. Loehr Living Trust
DocuSign Envelope ID: 18AF1EC1-2F50-42F4-9BF9-7C3D37C87013 12/20/2023
12/20/2023
PGCC 7-3-24

EXHIBIT C1
EASEMENT DESCRIPTION (1335 Arena Avenue)
The land referred to herein below is situate in the City of Pacific Grove, County of Monterey, State of California, being a portion of Block 330 as shown on that certain map entitled “Map of Pacific Grove Acres” filed on June 2, 1919, in Volume 3 of Cities and Towns at Page 13 in the Office of the County Recorder of said County and State.

A Conservation Easement, being more particularly described as follows:

All of that certain parcel of land as described in that certain Certificate of Compliance, filed on May 14, 2024, as Instrument No. 2024016772 in the Office of the County Recorder of said County and State, EXCEPTING THERFROM the following portion of said parcel, more particularly described as follows:

BEGINNING AT a point on the southerly sideline of Arena Avenue, a city street, from which a 1/2" iron pipe in a 2” x 2” redwood stake with a brass tag marked “LS 2689”, marking the northeast corner of that certain 32,955 square foot parcel of land shown on that certain Record of Survey map filed September 29, 1969 in Volume X-5 of Surveys at Page 33, records of said county and state, bears North 74° 57’ 24” East, 147.94 feet distant; thence leaving said southerly sideline of Arena Avenue

1. South 26° 39’ 31” East, 24.27 feet; thence

2. North 68° 01’ 25” East, 27.08 feet; thence

3. South 21° 58’ 35” East, 28.00 feet; thence

4. South 68° 01’ 25” West, 13.33 feet; thence

5. South 21° 58’ 35” East, 25.50 feet; thence

6. South 68° 01’ 25” West, 12.00 feet; thence

7. South 21° 58’ 35” East, 14.00 feet; thence

8. South 68° 01’ 25” West, 28.00 feet, from which an untagged 2” x 2” wood hub bears South 14° 58’ 33” West, 75.3 feet; thence

9. North 21° 58’ 35” West, 14.00 feet; thence

10. South 68° 01’ 25” West, 12.00 feet; thence

11. North 21° 58’ 35” West, 52.98 feet; thence

12. North 18° 20’ 24” East, 12.36 feet; thence

13. North 26° 39’ 31” West, 19.83 feet to the southerly sideline of Arena Avenue; thence easterly along said southerly sideline of Arena Avenue

14. 30.23 feet along a non-tangent curve to the left with a radius of 540.00 feet, the center of which bears North 11° 50’ 08” West, through a central angle of 03° 12’ 28”, to the Point of Beginning.

CONTAINING A TOTAL OF 0.45 ACRES, MORE OR LESS.

See Attached Exhibit C2
Prepared By: Roger A. Peterson, PLS 5958 February 19, 2024 Exhibit C1 Page 1 of 1
PGCC 7-3-24

ARENA AVENUE (a 40' wide city street)
2" x 2" untagged
hub A.S.O. R1
1/2" IP in 2" x 2"
hub remnants
mkd. "LS 2689"
per R1
2" x 2" hub w/
tag mkd.
"LS 2689"
per R1
FD. 1/2" OPEN IP MKD.

Public easement for
slope, drainage &
utility purposes per
Grant Deed
(617-192 O.R.)
Adjusted Lot 2
per R2
Lot Area:

0.45 ac. +/-
69° 20' 21"E 174.30'
N21° 55' 48"W 160.08'
Δ= 4°58'31"
R=540.00
L=46.89

15.56'
S21° 55' 48"E 206.23'
N74° 57' 24"E 147.94'
L1
L2 L3
L4
L5
L6
L7
L8
L10 L9
L11
L12
L13
C1
N14°58'33"E

75.3' TIE
N86° 00' 46"W 146.76'
162.32'
Residential
Development
and Outdoor
Use Area
Conservation
Easement
(shaded)
P.O.B.

N11° 50' 08"W
(Rad.)

86.37'

61.57'
Exhibit C2 -
Conservation Easement
February 2024
Rasmussen Land Surveying, Inc.
2150 Garden Road, Suite A-3,
Monterey, California 93942
P: 831.375.7240 F: 831.375.2545
RLS WO # 2022-049 Exhibit C2 Sheet 1 of 2
1" = 40'
0' 40' 80' 120'
Indicates monument as noted.

Subject Parcel Boundary
Adjoining Parcel Boundary
Original Lot Line
Residential Development Envelope
and Outdoor Use Area
A.S.O. - as shown on
IP - iron pipe
mkd.- marked
Rad. - radial bearing
Record Map References:

R1: Record of Survey filed in Volume X5 of Surveys at Page 33, in the Monterey County Recorder's Office, State of California.

R2: Certificate of Compliance recorded on 14 May 2024 as Instrument No. 2024016772, Monterey County Records,
State of California
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PETERSON
No. 5958
EXHIBIT C2
PGCC 7-3-24

Line Table
Line #
L1
L2
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
L13
Length

24.27'

27.08'

28.00'

13.33'

25.50'

12.00'

14.00'

28.00'

14.00'

12.00'

52.98'

12.36'

19.83'
Direction
S26° 39' 31"E
N68° 01' 25"E
S21° 58' 35"E
S68° 01' 25"W
S21° 58' 35"E
S68° 01' 25"W
N21° 58' 35"W
S68° 01' 25"W
S21° 58' 35"E
S68° 01' 25"W
N21° 58' 35"W
N18° 20' 24"E
N26° 39' 31"W
Curve Table
Curve #
C1
Length

30.23'
Radius
540.00'
Delta
003° 12' 28"
Exhibit C2 -
Conservation Easement
February 2024
Rasmussen Land Surveying, Inc.
2150 Garden Road, Suite A-3,
Monterey, California 93942
P: 831.375.7240 F: 831.375.2545
RLS WO # 2022-049 Exhibit C2 Sheet 2 of 2
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No. 5958
EXHIBIT C2
PGCC 7-3-24

1 When recorded return to:

CITY OF PACIFIC GROVE
COMMUNITY DEVELOPMENT DEPT.

Attn: Garrett McCown
300 Forest Avenue
Pacific Grove, CA 93950
(831) 648-3199
Space above for Recorder’s Use

CONSERVATION EASEMENT DEED
(COASTAL)
THIS CONSERVATION EASEMENT DEED (this “Easement Deed”) is made this _____ day of _______________, 2024, by and between RICHARD E. LOEHR, SUCCESSOR TRUSTEE OF THE GERTRUDE M. LOEHR LIVING TRUST, as Grantor, and the CITY OF PACIFIC GROVE, a political subdivision of the State of California, as Grantee.

WITNESSETH:

WHEREAS, Grantor is the owner in fee of the real property more particularly described and depicted in Exhibits “A1” and “A2” attached hereto and made a part hereof, situated in the City of Pacific Grove, County of Monterey, State of California (hereinafter the “Property”); and
Permit No.: CDP 22-0296
The Undersigned Grantor(s) Declare(s):

DOCUMENTARY TRANSFER TAX OF $ 0
[ ] computed on the consideration or full value of
property conveyed, OR
[ ] computed on the consideration or full value less
value of liens and/or encumbrances remaining at
time of sale,
[ ] unincorporated area; and
[ X ] Exempt from transfer tax,
Reason: Transfer to a governmental entity

Resolution No.: Planning Commission Permit
No. CDP 22-0296
Owner Name: Richard E. Loehr, Successor
Trustee of the Gertrude M.

Loehr Living Trust
Project Planner: Garrett McCown
APN: 007-061-046-000

PGCC 7-3-24

2 WHEREAS, a portion of the Property comprises the Conservation Easement, and includes environmentally sensitive area and environmentally sensitive habitat area , as those terms are defined under the California Coastal Act of 1976 (the “Act”) and the City of Pacific Grove Local Coastal Program (“LCP”), (referred to herein, collectively, as “ESHA”), and also provides natural scenic beauty and open space values; and WHEREAS, the Grantor and the Grantee desire to preserve and conserve for the public benefit the Conservation Easement area, including for its ESHA, its great natural scenic beauty, and its open space values, in such a way as to ensure enhancement, protection, and management of such areas as protected and self-functioning habitat areas in perpetuity; and including because such ESHA protection is essential to the health and well-being of the Asilomar Dunes, not only in terms of the value of the resources themselves, but also in terms of fostering a natural environment within which the Dune’s residential and visitor-serving commercial uses can thrive; and WHEREAS, the Act requires that any coastal development permit approved by the City must be consistent with the provisions of the certified LCP; and WHEREAS, pursuant to the Act, and the LCP, Grantor applied to the City for a permit to undertake development as defined in the LCP; and WHEREAS, a Coastal Development Permit was granted (Community Development Department File Number 22-0296, hereinafter referred to as the “Permit”) on December 14, 2023, by the City of Pacific Grove Planning Commission pursuant to the Findings, Evidence, and Conditions contained in Permit No. 22-0296, attached hereto as Exhibit “B” and hereby incorporated by this reference in its entirety (hereinafter the “Permit”), subject to the following condition:
“Condition of Approval No. 5 – CONSERVATION EASEMENT – Per Land Use Plan Policy BIO-24(d), the Owner(s) of adjusted Lots 1 and 2 (i.e., the currently developed properties) shall dedicate a conservation easement to the City for all areas of the properties outside of the Residential Development Envelope and Outdoor Use Area. The conservation easement shall contain specific restrictive language that permanently prohibits all future development in the preservation area, with the following exception: existing utility uses and their maintenance. The Owner(s) shall PGCC 7-3-24

3 submit a signed and notarized Subordination Agreement, if required, to the Community Development Department (“CDD”) for review and approval. The easement legal description and map shall be developed in consultation with a certified professional, and the Owner(s) shall submit the draft legal description and map of the easement area to the CDD for review. The easement deed shall be approved by the CDD Director and accepted by the City Council.

WHEREAS, the areas being protected include natural, scenic, and open space qualities and features valuable for plant and wildlife habitat; and WHEREAS, the City, acting on behalf of the People of the State of California and pursuant to the Act, and in accordance with the findings contained in the Permit, granted the Permit to the Grantor upon the condition described above (hereinafter the “Condition”) requiring, inter alia, that the Grantor record a conservation easement affecting the Conservation Easement and agree to restrict development on and use of the Conservation Easement so as to enhance, protect, preserve, and manage the habitat, open space, scenic, and overall natural resource values present in the Conservation Easement as protected and self-functioning habitat areas in perpetuity, including to prevent any adverse direct and cumulative effects on these resources; and WHEREAS, the City has placed the Condition on the Permit because a finding must be made under the law that the proposed development is in conformity with the provisions of the certified LCP and that in the absence of the protections provided by the Condition said finding could not be made; and
WHEREAS, Grantor has elected to comply with the Condition and execute this Easement Deed so as to enable Grantor to undertake the development authorized by the Permit; and
WHEREAS, it is intended that this Easement Deed be irrevocable and shall constitute enforceable restrictions within the meaning of Article XIII, Section 8, of the California Constitution and that this Easement Deed shall thereby qualify as an enforceable restriction under the provision of the California Revenue and Taxation Code, Section 402.1; and
PGCC 7-3-24

4 WHEREAS, the Grantor is willing to execute this Easement Deed for the conservation and scenic use as herein expressed of the Conservation Easement, and thereby enhance, protect, preserve, and manage the habitat, open space, scenic, and overall natural resource value by the restricted use and enjoyment of the Conservation Easement by the Grantor through the imposition of the restrictions hereinafter expressed; and
WHEREAS, the recitals set forth above are hereby incorporated in and made a part of this Easement Deed by this reference.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor does hereby grant and convey unto Grantee for the benefit of the People of the State of California, an estate, interest, and conservation easement in perpetuity for the purpose of habitat protection and resource conservation over the Conservation Easement area in accordance with the following provisions (the “Conservation Easement”); and to that end and for the purposes of accomplishing the intent of the parties hereto, Grantor covenants on behalf of itself, its heirs, successors, and assigns, with the Grantee, its successors and assigns, to do and refrain from doing severally and collectively upon the Conservation Easement the various acts hereinafter mentioned.

A. PROPERTY SUBJECT TO EASEMENT. The Property of the Grantor hereinabove referred to and to which the provisions of this instrument apply is situated in the City of Pacific Grove, County of Monterey, State of California, and is particularly described and depicted in Exhibits “C1” and “C2””, attached hereto, and made a part hereof, hereinafter referred to as the “Conservation Easement”.

B. RESTRICTIONS, EXCEPTIONS, AND RESERVATIONS. Upon
recordation of this Easement Deed and thereafter in perpetuity, the use of the Conservation Easement shall be limited to natural open space for habitat protection and resource conservation uses. No “development” (as defined in Land Use Plan Section

1.10 of the LCP), including, but not limited to, removal of trees and other major or native vegetation, grading, paving, installation of structures such as signs, buildings, etc., and no grazing or agricultural activities shall occur or be allowed on the Conservation PGCC 7-3-24

5 Easement with the exception of the following (subject to compliance with any applicable governmental regulatory requirements):

1. The right to maintain, repair, and use all existing roads, trails, public service and utility lines, pipes, and transmission facilities (including those for gas, electricity, telephone, water, sewer, and cable television), and facilities for drainage and erosion and sedimentation control, upon the Conservation Easement area.

2. The right to the construction, maintenance, repair, and use of new public service and utility lines, pipes, and transmission facilities (including those for gas, electricity, telephone, water, sewer, and cable television), and facilities for drainage and erosion and sedimentation control, when such public service, utility, and drainage pipes and facilities are found to be infeasible to be located outside of such conservation areas, and, if infeasible, when such facilities are the minimum necessary.

3. Conduct of public and private scientific study, consistent with the intent of this Conservation Easement.

4. The use and occupancy of the Conservation Easement area not inconsistent with the conditions and restrictions herein imposed, such as public and private visitation, hiking, and similar passive or low-impact outdoor recreational uses.

5. Management of resources within the Conservation Easement area in accordance with a Habitat Restoration Plan dated March 12, 2024 (incorporated herein by reference and a copy of which is maintained in the Community Development Department of the City).

For any allowable use and development, Grantor shall provide Grantee with copies of all Site and Construction Plans (e.g. Site, Grading, Utility, Drainage, Erosion Control, and Landscape plans, etc.) showing the location of existing and proposed facilities and the materials and specifications for proposed grading and construction within the Conservation Easement area. Grantor shall give advance notice to Grantee whenever maintenance or construction activities will occur within the Conservation Easement area.

C. SUBJECT TO APPLICABLE LAWS. Land uses and development permitted or reserved to the Grantor by this instrument shall be subject to all applicable laws regulating the use of land.

PGCC 7-3-24

6 D. BENEFIT AND BURDEN. This Conservation Easement shall run with and burden the Conservation Easement area, and all obligations, terms, conditions, and restrictions hereby imposed shall be deemed to be covenants and restrictions running with the land and shall be effective limitations on the use of the Conservation Easement from the date of recordation of this document and shall bind the Grantor and all of its successors and assigns. This Conservation Easement shall benefit Grantee and its successors and assigns on behalf of the People of the State of California forever.

E. RIGHT OF ENTRY. The Grantee, the Coastal Commission, or their agents may enter onto the Conservation Easement area to ascertain whether the use restrictions set forth above are being observed at times reasonably acceptable to the Grantor.

F. ENFORCEMENT. Any act or any conveyance, contract, or authorization, whether written or oral, by the Grantor which uses or would cause to be used or would permit use of the Conservation Easement area contrary to the terms of this Easement Deed will be deemed a breach hereof. The Grantee or the Coastal Commission may bring any action in court necessary to enforce this Easement Deed, including, but not limited to, injunction to terminate a breaching activity and to force the restoration of all damage done by such activity, or an action to enforce the terms and provisions hereof by specific performance. It is understood and agreed that the Grantee or the Coastal Commission may pursue any appropriate legal and equitable remedies. The Grantee or the Coastal Commission shall have sole discretion to determine under what circumstances an action to enforce the terms and conditions of this Easement Deed shall be brought in law or in equity. Any forbearance on the part of the Grantee or the Coastal Commission to enforce the terms and provisions hereof in the event of a breach shall not be deemed a waiver of Grantee’s or the Coastal Commission’s rights regarding any subsequent breach.

G. MAINTENANCE. The Grantee shall not be obligated to maintain, improve, or otherwise expend any funds in connection with the Conservation Easement or any interest or easement created by this Easement Deed. All costs and expenses for such maintenance, improvement, use, or possession shall be borne by the Grantor, except for costs incurred by Grantee for monitoring compliance with the terms of this PGCC 7-3-24

7 Easement Deed. Grantor and its successors and assigns shall manage and maintain the Conservation Easement area in accordance with the standards of a Habitat Restoration Plan dated March 12, 2024, as well as any other standards and requirements of whatever kind that may from time to time be legitimately imposed on the Conservation Easement subject to all required approvals, including entitlement approvals for any development, including changes in intensity of use.

H. LIABILITY AND INDEMNIFICATION. This conveyance is made and accepted upon the express condition that the Grantee, the Coastal Commission, and their agencies, departments, officers, directors, agents, employees, and authorized volunteers are to be free from all liability and claim for damage by reason of any injury to any person or persons, including Grantor, or property of any kind whatsoever and to whomsoever belonging, including Grantor, from any cause or causes whatsoever, except matters arising out of the sole negligence or intentional misconduct of the Grantee or the Coastal Commission while in, upon, or in any way connected with the Conservation Easement, Grantor hereby covenanting and agreeing to indemnify and hold harmless the Grantee, the Coastal Commission, and their agencies, departments, officers, directors, agents, employees, and authorized volunteers from all liability, loss, cost, and obligations on account of or arising out of such injuries or losses however occurring, except to the extent caused by the sole negligence or intentional misconduct of such entities or persons. The Grantee and the Coastal Commission shall have no right of control over, nor duties and responsibilities with respect to, the Conservation Easement which would subject the Grantee or the Coastal Commission to any liability occurring upon the Conservation Easement area by virtue of the fact that the Grantee and the Coastal Commission have the right to enter the Conservation Easement area, as such right is strictly limited to preventing uses inconsistent with the interest granted.

The parties acknowledge and agree that the Conservation Easement area is not “property of a public entity” or “public property”, and Grantee’s and Coastal Commission’s rights herein do not include the right to enter the Conservation Easement area for the purposes of correcting any “dangerous condition” as those terms are defined by California Government Code Section 830.

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8 I. TRANSFER OF TITLE. Grantor shall have the absolute right to transfer its right, title, and interest in and to all or any portion of the Conservation Easement area and upon such a transfer the transferee, by acceptance of the deed (whether or not so stated in the deed), shall have assumed and shall be obligated to perform all of the covenants of Grantor under this Easement Deed and shall have all of the rights and obligations of and be deemed to stand in the place of the Grantor for all purposes under this Easement Deed, with respect to the land transferred; and upon such a transfer Grantor shall be fully relieved and discharged from all of Grantor’s obligations under this Easement Deed with respect to the land transferred.

J. ASSIGNMENT.

1. Grantor shall have the right to assign its rights or delegate its obligations under this Easement Deed, in whole or in part. No such assignment or delegation by Grantor, however, shall relieve the fee owner or owners of the Conservation Easement area from the obligations to perform the covenants of Grantor in this Easement Deed, and such covenants shall continue as covenants running with the land as specified in Paragraph D above.

2. Grantee shall have the right to assign its rights and delegate its obligations under this Easement Deed, but only to a public agency, private association, or corporation which agrees to accept such rights and assume such obligations and is approved in writing in advance by the City, the Executive Director of the California Coastal Commission, and Grantor. Grantee shall not abandon the Conservation Easement, but may assign the Conservation Easement in accordance with the preceding sentence.

K. PUBLIC ENTRY AND USE OF CONSERVATION AREA. This Easement Deed does not govern access to or use of the Conservation Easement Area by members of the public.

L. SUCCESSORS AND ASSIGNS. The terms, covenants, conditions, exceptions, obligations, and reservations contained in this conveyance shall be binding upon and inure to the benefit of the successors and assigns of both the Grantor and the Grantee, whether voluntary or involuntary.

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9 M. SEVERABILITY. If any provision of this Easement Deed is held to be invalid or for any reason becomes unenforceable, no other provision shall be thereby affected or impaired.

N. AMENDMENT/MODIFICATION. This Easement Deed may be amended, modified, or changed only with the written consent of the Grantor and the Grantee. In addition, an amendment to the Permit may be required, if necessary, as determined by the City. Any amendment of this Easement Deed and any necessary amendment to the Permit shall be void and of no effect without the written consent of the two entities.

Executed this _____ day of _______________, 2024, at _______________, California.

GRANTOR
By: _____________________________
(Signature)
Richard E. Loehr, Successor Trustee
of the Gertrude M. Loehr Living Trust
PGCC 7-3-24

10 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS.

COUNTY OF __________ )
On , 2024, before me, , a
Notary Public, personally appeared , who proved to me
on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
(Seal)
PGCC 7-3-24

11 ACCEPTANCE AND CONSENT TO RECORDATION
This is to certify that the interest in real property conveyed by the easement deed or grant dated ____________________________ from Richard E. Loehr, Successor Trustee of the Gertrude M.

Loehr Living Trust, to the City of Pacific Grove, a political corporation and/or governmental agency, is hereby accepted by the City Council of the City of Pacific Grove on __________________________, (or by the undersigned officer or agent on behalf of the City of Pacific Grove pursuant to authority conferred by resolution of the City Council of the City of Pacific Grove (Resolution No. 24 - ___) adopted on _________________________,) and the grantee consents to recordation thereof by its duly authorized officer.

DATED: ________________ _____________________________________ (Signature)
MATTHEW MOGENSEN, City Manager
ATTEST:

DATED: ________________ _____________________________________ SANDRA KANDELL, City Clerk
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

STATE OF CALIFORNIA )
) SS.

COUNTY OF MONTEREY )
On , 2024, before me, , a Notary
Public, personally appeared , who proved to me on the
basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature
(Seal)
PGCC 7-3-24

12 Document Form/Content Acceptable:
______________________________ Dated: ________________
BRIAN PIERIK, City Attorney
PGCC 7-3-24

EXHIBIT A1
LEGAL DESCRIPTION – ADJUSTED LOT 1 (1353 Arena Avenue)
Certain Real Property situate in the City of Pacific Grove, County of Monterey, State of California, being a portion of Block 330 as shown on that certain map entitled “Map of Pacific Grove Acres” filed on June 2, 1919, in Volume 3 of Cities and Towns at Page 13 in the Office of the County Recorder of said County and State, more particularly described as follows:

BEGINNING at a 3” x 3” wood hub with a brass tag marked “LS 2689” marking the southeasterly corner of that certain 20,006 square foot parcel of land shown on that certain Record of Survey, filed on September 29, 1969, in Volume X-5 of Surveys at Page 33 in the Office of the County Recorder of said County and State; thence along the boundary of said 20,006 square foot parcel the following three courses:

1. North 89° 39’ 52” East, 68.46 feet to a 3/4" untagged iron pipe with a wood plug; thence

2. North 88° 47’ 21” East, 3.04 feet to a 3/4" iron pipe with a brass tag marked “LS 2689”; thence

3. North, 99.33 feet; thence

4. North 69° 20’ 21” East, 174.30 feet (at 40.30 feet a 3/4" iron pipe with a brass tag marked “LS 2689” marking the most southeasterly corner of said 20,006 square foot parcel, and at 151.12 feet a 2” x 2” untagged wood hub marking the southeasterly corner of that certain 23,755 square foot parcel of land shown on said Record of Survey); thence

5. North 21° 55’ 48” West, 160.08 feet to the southerly sideline of Arena Avenue, a city street; thence westerly along the southerly sideline of Arena Avenue

6. Along a non-tangent curve to the right with a radius of 540.00 feet, the center of which bears North 10° 04’ 05” West, through a central angle of 18° 33’ 29”, an arc distance of 174.90 feet to the northwesterly corner of said 20,006 square foot parcel; thence leaving said southerly sideline and along the westerly boundary of said parcel

7. South, 49.49 feet to a 3/4" iron pipe with a brass tag marked “LS 2689”; thence

8. South 00° 04’ 12” West, 119.92 feet to the remnants of a 3” x 3” wood hub; thence

9. South 00° 10’ 23” West, 128.90 feet to a 3/4" iron pipe with a brass tag marked “LS 2689”; thence

10. South 00° 52’ 16” West, 9.08 feet to the Point of Beginning CONTAINING A TOTAL OF 1.05 ACRES, MORE OR LESS.

See Attached Exhibit A2
Prepared By: Roger A. Peterson, PLS 5958 February 19, 2024 Exhibit A1 Page 1 of 1
PGCC 7-3-24





 






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PGCC 7-3-24

EXHIBIT B
Coastal Development Permit 22-0296
PGCC 7-3-24

CITY OF PACIFIC GROVE
Community Development Department – Planning Division
300 Forest Avenue, Pacific Grove, CA 93950
T: 831.648.3183 • F: 831.648.3184 • www.ci.pg.ca.us/cdd COASTAL DEVELOPMENT PERMIT (CDP) 22-0296 TO ALLOW A LOT LINE ADJUSTMENT BETWEEN THREE LEGAL LOTS OF RECORD AT 1353 ARENA AVENUE, 1335 ARENA AVENUE, AND 320 ASILOMAR AVENUE.

FACTS

1. The subject properties are located at 1353 Arena Avenue (APN 007-061-003), 1335 Arena Avenue (APN 007-061-044), and 320 Asilomar Avenue (APN 007-061-045), Pacific Grove.

2. The subject properties have land use designations of Low Density Residential 1.0 du/ac in the adopted and certified City of Pacific Grove Coastal Land Use Plan (per LUP Figure 6).

3. The subject properties have a zoning classification of R-1-B-4.

4. The subject properties are located within the City’s Coastal Zone (per LUP Figure 1), within an archaeologically sensitive area (per LUP Figure 7), and within an environmentally sensitive habitat area.

5. The subject properties are not listed on the City’s Historic Resources Inventory (HRI).

6. Pursuant to Pacific Grove Municipal Code (PGMC) Sections 23.90.050, City CDP Determinations, and 23.90.040, CDP Exemptions, Community Development Department (CDD) staff determined the proposed lot line adjustment to be exempt from the requirement to obtain a CDP, and forwarded this determination to the Coastal Commission on December 12, 2022. An interested member of the public challenged this CDP determination, and Coastal Commission staff also responded with an opinion that a CDP would be required. After receipt of the Coastal Commission staff opinion, CDD staff forwarded a revised CDP determination that the proposed lot line adjustment would not be exempt from the requirement to obtain a CDP on September 13, 2023.

7. Detailed Project Description. The proposed project includes a lot line adjustment between three (3) legal lots of record consisting of existing Lot 1 (1353 Arena Avenue; APN 007-061-003; 54,252 square feet), existing Lot 2 (1335 Arena Avenue; APN 007-061-044; 23,470 square feet), and existing Lot 3 (320 Asilomar Avenue; APN 007-061-045; 19,971 square feet), resulting in an adjusted Lot 1 of 45,747 square feet; an adjusted Lot 2 of 24,073 square feet, and an adjusted Lot 3 of 27,873 square feet.

8. Per PGMC section 23.90.140, Coastal Hazards, CDD staff reviewed LUP Figure 3 (Coastal Hazards and Areas of Potential Sea Level Rise), aerial and topographic imagery, application materials, and conducted multiple site visits on June 29 and August 24, 2023, and determined the site and proposed lot line adjustment would not be subject to coastal hazards over its lifetime. The nearest point of the subject properties is over 375 feet from the shoreline and the site elevations range from approximately 49 feet to 119 feet. In this case, submittal of a Coastal Hazards Report is not warranted.

9. Per PGMC section 23.90.150, Water Quality and Marine Resources, the City did not require a water quality assessment because the proposed lot line adjustment does not propose new site coverage.

10. Per PGMC 23.90.160, Scenic Resources, CDD staff reviewed LUP Figure 4 (Scenic Areas), aerial and street view imagery, and conducted multiple site visits on June 29 and August 24, 2023. This review determined the site is within a designated scenic view area; however, as a proposed lot line adjustment involving no new structural development, the project would not adversely impact public DocuSign Envelope ID: 18AF1EC1-2F50-42F4-9BF9-7C3D37C87013 PGCC 7-3-24

views and a site-specific visual analysis is not required in this case. Future structural development on the properties would be subject to applicable policies and regulations regarding scenic resources.

11. Per PGMC section 23.90.170, Biological Resources, CDD staff reviewed LUP Figure 5 (Land Habitat Sensitivity Map), aerial imagery, and conducted multiple site visits on June 29 and August 24, 2023. Per LUP Figure 5, the properties are located in an area of moderate biological sensitivity and within the Asilomar Dunes Residential Area which is considered an environmentally sensitive habitat area. Also, a Biological Survey Report (Moss; July 27, 2023; attached) prepared for the project did not identify any potential impacts of the proposed lot line adjustment on biological resources. Additionally, the siting and layout of the proposed Residential Development Envelopes for each of the three lots was determined in consultation with the Project Biologist following a survey for rare plants and identification of areas of high and moderate environmental sensitivity.

The report also identified biological guidelines for future development of the properties. However, since no physical development is proposed, those guidelines are not relevant to the project under consideration at this time. Future structural development on the properties would be subject to applicable policies and regulations regarding biological resources.

12. Per PGMC section 23.90.200, Cultural Resources, the proposed project does not involve physical changes to the existing development on the subject properties; therefore, an historic report was not warranted. However, a Phase I Historic Assessment (Seavey; July 28, 2017; attached) prepared for the existing dwellings concluded that the residences have been altered over time and bear little resemblance to the original structures. Therefore, the combined loss of physical integrity and lack of historical significance disqualifies them from consideration for listing on the Pacific Grove Historic Resources Inventory (HRI). Additionally, on July 26, 2027, the Historic Resources Committee adopted an Initial Historic Screening (IHS 17-0643) for 1353 Arena Avenue that determined the property to be ineligible for the City's HRI.

13. Per PGMC section 23.90.200, Cultural Resources, the proposed lot line adjustment does not involve ground disturbance; therefore, an archaeological report is not warranted.

14. This project has been determined to be Categorically Exempt per California Environmental Quality Act (CEQA) Guidelines, Section 15305, Class 5, Minor Alterations in Land Use Limitations, and the exceptions to the exemptions in Section 15300.2 of the CEQA Guidelines do not apply.

FINDINGS
For a Coastal Development Permit per PGMC Section 23.90.080

1. LCP Consistency. The project is consistent with the LCP. (Local Coastal Program) As proposed and conditioned, the lot line adjustment meets the requirements of the LCP including, but not limited to, the applicable Coastal Resource Protection Standards of the Implementation Plan (IP) and the Biological, Cultural, Scenic, and Community Design policies of the Land Use Plan (LUP). These standards and policies are addressed in the Facts above and in the following findings.

2. Public Views. The project protects or enhances public views.

The proposed lot line adjustment involves no new structural development and would not adversely impact public views, and future structural development on the properties would be subject to applicable policies and regulations regarding scenic resources.

3. Habitat Protection. The project protects vegetation, natural habitats, and natural resources consistent with the LCP.

The lot line adjustment, as proposed and conditioned, would not impact natural habitats or resources. The siting and layout of the proposed Residential Development Envelopes for each of the three lots was determined in consultation with the Project Biologist following a survey for rare plants and identification of areas of high and moderate environmental sensitivity, and future structural development on the properties DocuSign Envelope ID: 18AF1EC1-2F50-42F4-9BF9-7C3D37C87013 PGCC 7-3-24

would be subject to applicable policies and regulations regarding biological resources. Therefore, the project is consistent with the LCP, including PGMC § 23.90.170 regarding biological resources and/or environmentally sensitive habitat areas.

4. Design Consistency. The design, location, size, and operating characteristics of the proposed development is consistent with applicable LCP design requirements, including design plans and area plans incorporated into the LCP.

As proposed, the project complies with the zoning regulations and development standards set forth in Pacific Grove Municipal Code (PGMC) Chapters 24.06 (Lot Line Adjustments), 23.90 (Coastal Implementation Plan), and 23.16 (R-1-B Combined Districts). The R-1-B-4 district requires a minimum building site area of 20,000 square feet and a minimum width of 100 feet. Existing Lot 3, at 19,971 square feet, is nonconforming and the proposed lot line adjustment would bring the lot into conformance with the applicable development standards.

5. Coastal Access. The project protects or enhances public access to and along the coast.

As proposed, the lot line adjustment would not impact public access to or along the coast.

6. Visitor Serving. The project supports the LCP goal of providing for visitor-serving needs as appropriate, including providing low and no cost visitor and recreational facilities.

The proposed lot line adjustment does not involve visitor-serving needs or facilities; therefore, this finding is not applicable.

7. Appropriate Use. The project is consistent with the allowed LCP uses associated with the property.

The site zoning classifications and land use designations are consistent with the proposed project.

8. Coastal Resources. The proposed development protects or enhances coastal resources, where applicable.

The proposed lot line adjustment does not involve structural development; therefore, this finding is not applicable. See also Fact Nos. 8 – 13 and supporting information, and Finding Nos. 2 and 3 above.

For a Lot Line Adjustment per PGMC Section 24.06.040

1. The adjustment involves four or fewer adjoining parcels that were legally created and will not result in the creation of more parcels than originally existed.

The proposed lot line adjustment is between three existing adjoining parcels, and the three existing legal lots of record share common boundaries. The proposed lot line adjustment will not create a greater number of parcels than originally existed. Three contiguous separate legal parcels will be adjusted, resulting in three contiguous separate legal parcels. Therefore, no new parcels will be created.

2. Each resulting parcel is viable in supporting existing or planned land uses based on applicable general plan and other applicable zoning regulations.

As proposed, the lot line adjustment is consistent with the Pacific Grove 1994 General Plan, the 2020 Local Coastal Program, and applicable zoning ordinances. Each resulting parcel is viable in supporting existing or planned land uses based on the applicable general plan and other applicable zoning regulations. City staff verified that the subject properties are in compliance with all rules and regulations pertaining to the use of the property, and that no violations exist on the subject properties.

3. The resulting parcels and any structure(s) or parking space(s) located thereon will comply with the requirements of the zoning district in which the parcel is located and with applicable building regulations, except that where an existing parcel(s) or structure(s) is nonconforming with respect to zoning regulations, a lot-line adjustment may be approved if the degree of nonconformance is not increased.

As proposed, the resulting parcels would comply with applicable zoning regulations and development standards set forth in PGMC Chapters 24.06 (Lot Line Adjustments), 23.90 (Coastal Implementation Plan), DocuSign Envelope ID: 18AF1EC1-2F50-42F4-9BF9-7C3D37C87013 PGCC 7-3-24

and 23.16 (R-1-B Combined Districts). The R-1-B-4 district requires a minimum building site area of 20,000 square feet and a minimum width of 100 feet. Existing Lot 3, at 19,971 square feet, is non-conforming and the proposed lot line adjustment would bring the lot into conformance with the applicable development standards.

4. The adjustment will not impair any existing public-street or private-access easement or create parcels without legal access to a public street and the number of lots fronting on a public street is not being reduced.

The proposed lot line adjustment would not impair existing access and each of the resulting parcels would have access to Arena Avenue and/or Asilomar Avenue.

5. The adjustment will not require substantial alteration of any existing public easements or improvements.

The proposed lot line adjustment would not require alteration of any existing public easement or improvements.

6. The adjustment will not result in a utility service line being located on any property other than the lot being served, unless the service line is contained in a recorded utility easement.

The proposed lot line adjustment would not result in any utility service line being located on any property other than the lot being served.

7. Each resulting parcel has been, or can be, provided with adequate sewage-disposal facilities.

Each resulting parcel either has or can be provided with an adequate lateral wastewater connection.

PERMIT
Coastal Development Permit (CDP) 22-0296 to allow a lot line adjustment between three (3) legal lots of record consisting of existing Lot 1 (1353 Arena Avenue; APN 007-061-003; 54,252 square feet), existing Lot 2 (1335 Arena Avenue; APN 007-061-044; 23,470 square feet), and existing Lot 3 (320 Asilomar Avenue; APN 007- 061-045; 19,971 square feet), resulting in an adjusted Lot 1 of 45,747 square feet; an adjusted Lot 2 of 24,073 square feet, and an adjusted Lot 3 of 27,873 square feet.

CONDITIONS OF APPROVAL

1. Permit Expiration. This permit shall expire and be null and void two (2) years from and after the date of approval. Application for extension of this approval must be made prior to the expiration date.

2. Terms and Conditions. These terms and conditions shall run with the land and bind to all future owners and possessors of the subject property, unless amended. Amendments to this permit may be achieved only if an application is made and approved, pursuant to the Zoning Code.

3. Conformance to Plans. Development and use of the sites shall conform to the approved plans for the “Lot Line Adjustment”, dated September 6, 2023, and “Site Plan - LLA”, dated August 30, 2023, on file with the Community Development Department, with the exception of any subsequently approved changes. Minor plan changes shall be subject to review and approval by the Community Development Director. Major plan changes may also require subsequent discretionary review and approval.

4. Certificate of Compliance. The Owner(s)/Applicant(s) shall prepare, execute and record deeds that reflect the lot line adjustment as required by California Government Code §66412(d) and request an unconditional Certificate of Compliance for each of the adjusted parcels.

Prior to the expiration of the entitlement, the Owner(s)/Applicant(s) shall do the following:

Have a professional land surveyor prepare a legal description and plat with closure calculations. The legal description shall be entitled "Exhibit A" and shall have the planning permit no. (CDP 22-0296) in the heading. The plat may be incorporated by reference into Exhibit “A,” or be entitled Exhibit “B.” The legal description and plat shall comply with the Monterey County Recorder's guidelines as to form and content.

DocuSign Envelope ID: 18AF1EC1-2F50-42F4-9BF9-7C3D37C87013 PGCC 7-3-24

Submit the draft legal descriptions, plats and closure calculations to the project planner for both of the following:
a. Each newly adjusted parcel of the lot line adjustment for which a Certificate of Compliance will be issued.
b. For the adjusted parcels, being all areas being conveyed by Owner(s) in conformance to the approved lot line adjustment.
i. The Owner(s)/Applicant(s) shall be responsible for ensuring the accuracy and completeness of all parties listed as Grantor and Grantee on the deeds.
ii. The purpose of the deed shall be stated on the first page of the deed, as follows: “The purpose of this deed is to adjust the parcel boundaries in conformance to the lot line adjustment approved by the City of Pacific Grove (CDP 22-0296). This deed is being recorded pursuant to §66412(d) of the California Government Code and shall be deemed to reconfigure the subject parcels in conformance to said approved lot line adjustment. Any configuration of said subject parcels that existed prior to recordation of this deed shall no longer be valid and shall not be used for the purpose of sale, lease or financing, whether immediate or future.”
NOTE: Owner(s) is/are responsible for securing any re-conveyance, partial re-conveyance and/or subordination in connection with any loan, mortgage, lien or other financial obligation on all property being transferred between parties.

Following project planner review and any corrections of the legal descriptions and plats:
a. Record the fully executed and acknowledged deed(s) to the adjustment parcels with the County Recorder. b. Deliver a copy of the recorded deed(s) to the project planner. c. Deliver the legal description and plat of each Certificate of Compliance to the Community Development Department for final processing, together with a check, payable to the “Monterey County Recorder,” for the appropriate fees to record the Certificate(s) of Compliance.

5. Conservation Easement. Per Land Use Plan Policy BIO-24(d), the Owner(s) of adjusted Lots 1 and 2 (i.e., the currently developed properties) shall dedicate a conservation easement to the City for all areas of the properties outside of the Residential Development Envelope and Outdoor Use Area. The conservation easement shall contain specific restrictive language that permanently prohibits all future development in the preservation area, with the following exception: existing utility uses and their maintenance. The Owner(s) shall submit a signed and notarized Subordination Agreement, if required, to the Community Development Department (CDD) for review and approval. The easement legal description and map shall be developed in consultation with a certified professional, and the Owner(s) shall submit the draft legal description and map of the easement area to the CDD for review. The easement deed shall be approved by the CDD Director and accepted by the City Council.

6. Dune Habitat Restoration. Per Land Use Plan Policy BIO-24(d), the Owner(s) of adjusted Lots 1 and 2 (i.e., the currently developed properties) shall prepare and implement dune restoration plans prepared by a qualified dune restoration professional. The prepared plan shall be submitted to the Community Development Department.

NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF THE CITY OF PACIFIC GROVE:

1. The Commission determined that each of the Findings set forth above is true and correct, and by this reference incorporates those Findings as an integral part of this Permit.

2. The Commission finds the project Categorically Exempt pursuant to CEQA Guidelines Section 15305, Class 5, Minor Alterations in Land Use Limitations.

3. The Commission approves CDP 22-0296 as proposed and conditioned.

4. This permit shall become effective upon the expiration of the 10-day appeal period after the final approval.

DocuSign Envelope ID: 18AF1EC1-2F50-42F4-9BF9-7C3D37C87013 PGCC 7-3-24

5. This permit shall not take effect until the owner acknowledges and agrees to all terms and conditions and agrees to conform to and comply with those terms and conditions.

PASSED AND ADOPTED AT A REGULAR MEETING OF THE PLANNING COMMISSION OF THE CITY OF PACIFIC GROVE ON THE 14TH DAY OF DECEMBER, 2023, BY THE FOLLOWING VOTE:

AYES: Commissioners Fredrickson, Murphy, Kubica, Nodzenski, Sawyer, and Chair Lilley NOES: None
ABSENT: Commissioner Davison
ABSTENTIONS: None
APPROVED:

Steven Lilley, Chair
The undersigned hereby acknowledge and agree to the approved terms and conditions, and agree to fully conform to, and comply with, said terms and conditions. ________________________________ ____________________
James Paul Loehr Date
________________________________ ____________________
Richard E. Loehr, Successor Trustee Date
of the Gertrude M. Loehr Living Trust
DocuSign Envelope ID: 18AF1EC1-2F50-42F4-9BF9-7C3D37C87013 12/20/2023
12/20/2023
PGCC 7-3-24

EXHIBIT C1
EASEMENT DESCRIPTION (1353 Arena Avenue)
The land referred to herein below is situate in the City of Pacific Grove, County of Monterey, State of California, being a portion of Block 330 as shown on that certain map entitled “Map of Pacific Grove Acres” filed on June 2, 1919, in Volume 3 of Cities and Towns at Page 13 in the Office of the County Recorder of said County and State.

A Conservation Easement, being more particularly described as follows:

BEGINNING at the northwesterly corner of that certain parcel of land as described in that certain Certificate of Compliance, filed on May 14, 2024, as Instrument No. 2024016771 in the Office of the County Recorder of said County and State, on the southerly sideline of Arena Avenue, a city street, said point of beginning also being the northwesterly corner of that certain 23,755 square foot parcel of land shown on that certain Record of Survey map filed September 29, 1969 in Volume X‐5 of Surveys at Page 33, records of said county and state, from which a 3/4" iron pipe with a brass tag marked “LS 2689”, as shown on said map, bears South, 49.49 feet (50.17 feet on said record of survey map); thence easterly along the southerly sideline of Arena Avenue

1. 108.07 feet along a non‐tangent curve to the left with a radius of 540.00 feet, the center of which bears North 08° 29’ 24” East, through a central angle of 11° 27’ 59”; thence leaving said southerly sideline of Arena Avenue

2. South 27° 53’ 25” East, 33.17 feet; thence

3. South 54° 32’ 34” West, 47.54 feet; thence

4. South 35° 27’ 26” East, 76.00 feet; thence

5. North 54° 32’ 34” East, 18.00 feet; thence

6. South 35° 27’ 26” East, 18.00 feet, from which point an unmarked 2” x 2” wood hub on the southeasterly boundary of said parcel bears South 65° 58’ 38” East, 64.02 feet; thence

7. North 54° 32’ 34” East, 45.50 feet; thence

8. North 35° 27’ 26” West, 18.00 feet; thence

9. North 54° 32’ 34” East, 18.16 feet; thence

10. North 21° 55’ 48” West, 21.45 feet; thence

11. North 51° 54’ 19” West, 49.28 feet; thence

12. North 27° 53’ 25” West, 10.17 feet; thence

13. North 16° 39’ 51” West, 11.12 feet; thence

14. North 10° 49’ 54” West, 4.16 feet to the southerly sideline of Arena Avenue; thence easterly along said southerly sideline of Arena Avenue

15. 34.86 feet along a non‐tangent curve to the left with a radius of 540.00 feet, the center of which bears North 06° 22’ 04” West, through a central angle of 03° 41’ 54” to the northeasterly corner of said parcel; thence southeasterly

16. South 21° 55’ 48” East, 160.08 feet; thence southwesterly

17. South 69° 20’ 21” East, 174.30 feet (at 23.18 feet an untagged 2” x 2”x wood hub, and at 134.00 feet a 3/4” iron pipe with a brass tag marked “LS 2689”); thence southerly along said boundary

18. South, 99.33 feet to a 3/4” iron pipe with a brass tag marked “LS 2689” at the southeasterly corner of said parcel; thence westerly along said boundary

19. South 88° 47’ 21” West, 3.04 feet to an untagged 3/4” iron pipe; thence along said boundary Exhibit C1 Page 1 of 2
PGCC 7-3-24

20. South 89° 39’ 52” West, 68.46 feet to a 3” by 3” wood hub with a brass tag marked “LS 2689” at the southwesterly corner of said parcel; thence northerly along said boundary

21. North 00° 52’ 16” East, 9.08 feet to a 3/4” iron pipe with a brass tag marked “LS 2689”; thence northerly along said boundary

22. North 00° 10’ 23” East, 128.90 feet to the remnants of a 3” x 3” wood hub; thence northerly along said boundary

23. North 00° 04’ 12” East, 119.92 feet to a 3/4” iron pipe with a brass tag marked “LS 2689”; thence northerly along said boundary

24. North, 49.49 feet to the Point of Beginning.

CONTAINING A TOTAL OF 0.88 ACRES, MORE OR LESS.

See Attached Exhibit C2
Prepared By: Roger A. Peterson, PLS 5958 February 19, 2024 Exhibit C1 Page 2 of 2
Exhibit C1
PGCC 7-3-24

Untagged 2" x 2"
wood hub
Untagged 3/4"
iron pipe
3" x 3" hub with tag
marked "LS 2689"
3" x 3" hub
remnants

ARENA AVENUE
(a 40' wide city street)
N69° 20' 21"E 174.30'
N00° 00' 00"E 99.33'
N21° 55' 48"W 160.08'
L1
L2
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
C1 L13 C2
Adjusted Lot 1 per R2
Lot Area:

0.88 ac. +/-
3/4" iron pipe with
tag marked "LS 2689"
3/4" iron pipe with
tag marked "LS 2689"
3/4" iron pipe with
tag marked "LS 2689"
N89° 39' 52"E 68.46' N88°47'21"E

3.04'
P.O.B.

S00° 10' 23"W 128.90' S00° 04' 12"W 119.92' S00°00'00"E

49.49'
S00°52'16"W

9.08'

23.18'
110.82'

40.30'
Conservation
Easement
(shaded)
Residential
Development
and Outdoor
Use Area
S65° 58' 38"E 64.02' TIE
N08° 29' 24"E
(Rad.)
N06° 22' 04"W
(Rad.)
3/4" iron pipe with
tag marked "LS 2689"
Exhibit C2 - Conservation
Easement
February 2024
Rasmussen Land Surveying, Inc.
2150 Garden Road, Suite A-3,
Monterey, California 93942
P: 831.375.7240 F: 831.375.2545
RLS WO # 2022-049 Sheet 1 of 2
1" = 40'
0' 40' 80' 120'
Indicates monument as noted.

Subject Parcel Boundary
Adjoining Parcel Boundary
Original Lot Line
Residential Development Envelope
and Outdoor Use Area
Legend
LS - Land Surveyor
P.O.B. - Point of Beginning
Rad. - radial bearing
Record Map References:

R1: Record of Survey filed in Volume X5 of Surveys at Page 33, in the Monterey County Recorder's Office, State of California.

R2: Certificate of Compliance recorded on May 14, 2024, as Instrument No. 2024016771, Monterey County Records, State of California
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No. 5958
0 22' 04"W
Rad.)
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Exhibit C2
Exhibit C2 Page 1 of 2
PGCC 7-3-24

Line Table
Line #
L1
L2
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
L13
Length

33.17'

47.54'

76.00'

18.00'

18.00'

45.50'

18.00'

18.16'

21.45'

49.28'

10.17'

11.12'

4.16'
Direction
S27° 53' 25"E
S54° 32' 34"W
S35° 27' 26"E
N54° 32' 34"E
S35° 27' 26"E
N54° 32' 34"E
N35° 27' 26"W
N54° 32' 34"E
N21° 55' 48"W
N51° 54' 19"W
N27° 53' 25"W
N16° 39' 51"W
N10° 49' 54"W
Curve Table
Curve #
C1
C2
Length
108.07'

34.86'
Radius
540.00'
540.00'
Delta
011° 27' 59"
003° 41' 54"
Exhibit C2 - Conservation Easement
February 2024
Rasmussen Land Surveying, Inc. 2150
Garden Road, Suite A-3, Monterey,
California 93942
P: 831.375.7240 F: 831.375.2545
RLS WO # 2022-049 Sheet 2 of 2
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No. 5958
Exhibit C2
Exhibit C2 Page 2 of 2
PGCC 7-3-24

Agenda No. 7 A

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Leticia Livian, Human Resources Director
MEETING DATE: July 03, 2024
SUBJECT: Ordinance Amending the Salary Classification Schedule CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Hold second reading of an ordinance amending the salary classification schedule.

DISCUSSION
No changes were made between the first and second readings of the ordinance. The City Clerk caused a summary of the ordinance to be published on June 27, 2024.

The City salary classification schedule identifies the job classifications approved by Council (e.g., Office Assistant) and the hourly rates of pay for each classification at each step authorized by the Personnel Rules. Pursuant to Charter Article 25 and Pacific Grove Municipal Code (PGMC) Section 4.20.280, approval and amendment to the classification schedule must be adopted by the Council.
2023 MOU & Benefit and Compensation Plans
Last year, City Council approved the General Employees Association (GEA) and Management Employees Association (MEA) Memorandum of Understanding (MOU). City Council also approved the Benefits and Compensation Plans (Plans) for Non-represented Management and Confidential Group and the Department Head Group.

Approval of the MOU’s and Plans included a 3% cost of living adjustment (COLA) for three years (FY 23/24, FY 24/25, FY 25/26), or a market adjustment for certain classifications divided in year one and year two. The year two COLA, or market adjustment is effective the first full pay period in July 2024.

Pursuant to Charter Article 25 and Pacific Grove Municipal Code (PGMC) Section 4.20.280, approval and amendment to the classification schedule must be adopted by the Council.

The requested changes are for GEA, MEA Non-represented Management and Confidential and the Department Head Groups and classifications that align with these groups. All other classifications in the salary schedule remain the same. To view the current salary schedule, click here.

The revised salary schedule reflecting the changes are incorporated into the attached ordinance with PGCC 7-3-24

impacted classifications bolded in black.

OPTIONS
Provide alternative direction to staff.

FINANCIAL IMPACT:

The COLA’s and market adjustments are budgeted in the FY 24/25 budget.

GEA
The increase for year 2 of the COLA is estimated to be approximately $129,000 for FY 24/25.

MEA
The increase for year 2 of the COLA and market adjustment is estimated to be approximately $45,144 ($29,644+$15,500) for FY 24/25.

Non-represented Management and Confidential and Department Head Groups The increase for year 2 of the COLA for non-represented confidential group is estimated to be approximately $35,048 for FY 24/25.

The increase for year 2 of the COLA and market adjustment for the department head group is estimated to be approximately $64,150 ($45,200 + $18,950) for FY 24/25.

FOCUSED PRIORITY AREA: Not Applicable.

Attachments
Ordinance
PGCC 7-3-24

ORDINANCE NO. 24-________

ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE

AMENDING THE CLASSIFICATION SCHEDULE
Findings

1. In 2023, City Council approved the General Employees Association (GEA) and Management Employees Association (MEA) Memorandum of Understanding (MOU).

City Council also approved the Benefits and Compensation Plans (Plans) for Nonrepresented Management and Confidential Group and the Department Head Group; and

2. Approval of the MOU’s and Plans included a 3% cost of living adjustment (COLA) for three years (FY 23/24, FY 24/25, FY 25/26), or a market adjustment for certain classifications divided in year 1 and year 2.; and

3. Provisions of the MOU provides for a 3% cost of living adjustment (COLA) in the first year of the agreement, 3% COLA in the second year of the agreement, and 3% COLA in the third year of the agreement; and

4. The year 2 COLA, or market adjustment is effective the first full pay period in July 2024; and

5. FY 24/25 3% COLA and salary market adjustments will be effective July 7, 2024.

6. The GEA, MEA, Non-Represented and Confidential and Department Head Groups and classifications that align with those groups, salary ranges will be revised to reflect the second year 3% COLA increase, or 50% of the market adjustment for identified classifications; and

7. Modifications to the salary classification plan must be amended to revise hourly rates; and

8. Amendment to the classification plan must be adopted by the City Council pursuant to Charter Article 25 and Pacific Grove Municipal Code (PGMC) Section 4.20.280; and

9. In the enactment of this ordinance, the City followed the guidelines adopted by the State of California and published in the California Code of Regulations, Title 14, Section 15000, et seq. Enactment of this ordinance action does not constitute a “project” as defined by California Environmental Quality Act (CEQA) because it is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment pursuant Section 15378.

PGCC 7-3-24

Ordinance

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

SECTION 1. The foregoing findings of the City Council are incorporated into this Ordinance as if set forth in full.

SECTION 2. The position classification plan approved and adopted by the City Council pursuant to Charter Article 15 and PGMC § 4.20.280 is amended for GEA, MEA, Nonrepresented Management and Confidential and Department Head Groups classifications and MEA aligned classifications, with the following salary schedule:

PGCC 7-3-24

City of Pacific Grove
Salary Schedule - Hourly Rate
Full-time and Part-time
Hourly Salary Steps
Step Step Step Step Step Step Step Step
1A 2B 3C 4D 5E 6F 7G 8H
124-001 Accountant 34.78 36.52 38.35 40.26 42.28 43.33 44.42 45.53 219-000 Accountant, Chief 41.58 43.66 45.84 48.14 50.54 52.44 54.41 218-003 Accountant, Senior 39.69 41.67 43.76 45.95 48.24 50.05 51.93 120-001 Accounting Assistant 27.45 28.83 30.27 31.78 33.37 34.20 35.06 35.94 125-01 Accounting Assistant, Senior 29.19 30.65 32.18 33.79 35.48 36.37 37.28 38.21 304-001 Administrative Services Director (ASD) 69.70 73.18 76.84 80.68 84.72 88.95 93.40 302-001 ASD/ Assistant City Manager 78.44 82.36 86.48 90.81 95.35 100.11 105.12 212-000 Administrative Services Manager 55.79 58.58 61.50 64.58 67.81 71.20 74.76 170-000 Administrative Analyst 35.10 36.85 38.69 40.63 42.66 43.72 44.82 45.94 104-001 Administrative Assistant 23.67 24.85 26.09 27.40 28.77 29.49 30.22 30.98 171-001 Administrative Coordinator 26.80 28.14 29.55 31.03 32.58 33.39 34.23 35.08 505-001 Animal Control Officer 27.71 29.10 30.55 32.08 33.68 34.94 36.26 216-002 Assistant Finance Manager 37.99 39.89 41.88 43.98 46.17 47.91 49.70 090-000 Cashier 16.00 16.80 17.64 18.52 19.45
243-001 City Clerk 56.94 59.78 62.80 65.91 69.21 72.67 76.30 244-001 City Clerk/DEI Coordinator 59.79 62.78 65.91 69.21 72.67 76.30 80.12 002-000 City Council Member 420 per month
301-001 City Manager 121.00
300-001 City Manager Pro Tempore 121.00
164-002 Code Compliance Officer 35.56 37.34 39.20 41.16 43.22 44.30 45.41 46.54 205-000 Community Development Director 71.82 75.41 79.18 83.14 87.29 91.66 96.24 507-001 Community Service Officer 28.30 29.72 31.20 32.76 34.40 35.69 37.03 209-000 Construction Project Manager 43.24 45.41 47.68 50.06 52.56 54.53 56.58 40-000 Custodian 17.13 17.98 18.88 19.83 20.82
204-001 Deputy City Clerk 34.28 35.99 37.79 39.68 41.67 43.75 45.94 305-001 Deputy City Manager 66.58 69.90 73.40 77.07 80.92 84.97 89.22 156-001 Equipment Mechanic 34.92 36.67 38.50 40.43 42.45 43.51 44.60 45.71 157-000 Equipment Mechanic, Senior 37.17 39.03 40.98 43.03 45.18 46.31 47.47 48.66 256-000 Finance Director 69.70 73.18 76.84 80.68 84.72 88.95 93.40 208-001 Financial Analyst 32.99 34.64 36.37 38.19 40.10 41.60 43.16 310-001 Human Resources Director 69.88 73.38 77.05 80.90 84.94 89.19 93.65 210-001 Human Resources Manager 49.89 52.39 55.01 57.76 60.65 63.68 66.86 105-001 IT Support Specialist 27.58 28.96 30.41 31.93 33.53 34.36 35.22 36.10 64-000 Intern 16.00 16.80 17.64 18.52 19.45
64-3 Intern II 20.76 21.80 22.89 24.03 25.24
208-002 Librarian 32.99 34.64 36.37 38.19 40.10 41.60 43.16 122-001 Library Assistant 25.47 26.74 28.08 29.48 30.95 31.73 32.52 33.33 144-002 Library Assistant, Senior 27.30 28.66 30.10 31.60 33.18 34.01 34.86 35.73 199-000 Library Clerk 19.13 20.09 21.09 22.15 23.25
219-000 Library Director 67.50 70.87 74.42 78.14 82.04 86.15 90.45 50-004 Lighthouse Docent Coordinator 16.00 16.80 17.64 18.52 19.45 154-000 Maintenance Supervisor 37.11 38.97 40.91 42.96 45.11 46.24 47.39 48.58 132-000 Maintenance Worker 29.62 31.10 32.65 34.29 36.00 36.90 37.82 38.77 146-001 Maintenance Worker, Senior 33.23 34.89 36.63 38.47 40.39 41.40 42.43 43.49 208-003 Management Analyst 39.48 41.45 43.52 45.70 47.98 49.78 51.65 001-000 Mayor 700 per month
Code Classification
1 PGCC 7-3-24

City of Pacific Grove
Salary Schedule - Hourly Rate
Full-time and Part-time
Hourly Salary Steps
Step Step Step Step Step Step Step Step
1A 2B 3C 4D 5E 6F 7G 8H Code Classification
506-001 Parking Enforcement Officer 26.63 27.96 29.36 30.82 32.36 33.58 34.84 165-001 Planner, Assistant 36.15 37.96 39.86 41.85 43.94 45.04 46.17 47.32 168-002 Planner, Associate 40.17 42.18 44.29 46.50 48.83 50.05 51.30 52.58 241-002 Planner, Principal 50.22 52.73 55.37 58.14 61.05 63.33 65.71 169-001 Planner, Senior 45.49 47.77 50.16 52.66 55.30 56.68 58.10 59.55 201-000 Police Adm. Services Manager (ASM) 55.79 58.58 61.51 64.58 67.81 71.20 74.76 211-001 Police ASM/Public Information Officer 58.58 61.50 64.58 67.81 71.20 74.76 78.50 602-001 Police Chief 78.20 82.11 86.21 90.52 95.05 99.80 104.79 601-001 Police Commander 62.22 65.34 68.60 72.03 75.63 79.42 83.39 516-001 Police Officer 46.33 48.65 51.08 53.63 56.32 58.43 60.62 513-000 Police Officer Recruit 24.94 26.19 27.50 28.87 30.32 31.46 32.64 521-002 Police Records Supervisor 32.12 33.73 35.41 37.18 39.04 40.51 42.03 524-001 Police Sergeant 53.53 56.21 59.02 61.97 65.07 67.51 70.04 508-001 Police Services Technician 28.30 29.72 31.20 32.76 34.40 35.69 37.03 62-001 Pre School Manager 19.30 20.27 21.28 22.35 23.46 219-001 Program Manager 45.22 47.49 49.86 52.35 54.97 57.03 59.17 206-000 Program Manager, Senior 55.79 58.58 61.50 64.58 67.81 71.20 74.76 509-001 Property and Evidence Technician 29.72 31.20 32.76 34.40 36.12 37.48 38.88 207-000 Public Works (PW) Director 72.06 75.67 79.45 83.42 87.59 91.97 96.57 303-001 PW Director/ Deputy City Manager 75.31 79.08 83.03 87.18 91.54 96.12 100.92 220-002 Public Works Superintendent 49.17 51.63 54.21 56.92 59.76 62.00 64.33 10-001 Recreation Assistant I 16.00 16.80 17.64 18.52 19.45 51-001 Recreation Assistant II 19.62 20.60 21.63 22.71 23.85 118-001 Recreation Coordinator 29.24 30.70 32.24 33.85 35.54 36.43 37.34 38.27 217-003 Recreation Coordinator, Senior 40.62 42.65 44.79 47.03 49.38 51.23 53.15 62-002 Recreation Program Supervisor 25.30 26.57 27.90 29.29 30.76 216-003 Risk Manager 37.98 39.88 41.88 43.97 46.17 47.90 49.70 209-000 Senior Librarian 38.18 40.08 42.09 44.19 46.40 48.14 49.95 170-001 Volunteer Coordinator 28.78 30.22 31.73 33.32 34.98 35.86 36.75 37.67 Classification
203 Extra Help Retired Annuitant
Hourly Salary Range

15.50 - 106.96
2 PGCC 7-3-24

SECTION 3. The City Manager is directed to execute all documents and to perform all other necessary City acts to implement this Ordinance.

SECTION 4. In accord with Article 15 of the City Charter, this ordinance shall become effective on July 7, 2024.

PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF PACIFIC GROVE this ___ day of July 2024, by the following vote:

AYES:

NOES:

ABSENT:

APPROVED:
________________________
BILL PEAKE, Mayor
ATTEST:
_________________________________
SANDRA KANDELL, City Clerk
APPROVED AS TO FORM:
_________________________________
BRIAN PIERIK, City Attorney
PGCC 7-3-24

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: Bill Peake, Mayor
MEETING DATE: July 03, 2024
SUBJECT: Appointment to Library Board
CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Motion to approve appointment of Lucy Moore to Library Board ending January 31, 2028.

DISCUSSION
The appointment of Lucy Moore fills a vacancy on the Library Board.

City committees play a vital role in city government and provide opportunities for residents to become engaged in civic activities and work to improve local governance. We are very fortunate to have many highly qualified and talented residents willing to serve on City committees.

The term for Library Board members is 4 years.

Mayoral appointments to City committees must be confirmed by Council (Charter Article 26). Further regulations and policy regarding appointments can be found in PGMC Chapter 3.02 and Policy 000-5.

OPTIONS
N/A
FINANCIAL IMPACT:

There is no fiscal impact for this appointment.

GOAL ALIGNMENT: Not Applicable.

Attachments
Redacted Lucy Moore Application
PGCC 7-3-24

PGCC 7-3-24

Agenda No. 9 B

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Gho, Public Works Director/Deputy City Manager MEETING DATE: July 03, 2024
SUBJECT: Arborist Services
CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Authorize an agreement with Monterey Bay Treeworks for Professional Arborist Services for FY 24/25 in an amount not to exceed $104,000.

1. 2. Alternatively, discuss and take other action on this item.

DISCUSSION
The City of Pacific Grove (City) contributes to the welfare and aesthetic qualities of the community through rules and regulations relating to planting, care, maintenance and removal of trees in public and private areas. These regulations are enforced by the City’s Arborist.

The City Arborist’s responsibilities include safeguarding trees from unauthorized trimming or removal, enforcing the tree ordinance, implementing forestry programs, conducting public outreach, reviewing tree applications, coordinating with tree contractors, scheduling City related tree activities and all other activities associated with the City’s urban forest.

Scope of Work
The contract Arborist would be expected to perform the following services during the agreement period:
· Update and enforce the City’s Tree Ordinance
· Consult with constituents on tree-related matters: The City Arborist reviews most applications in the field to determine accuracy and requested scope
· Conduct public outreach and education programs: Meets with tree service contractors for annual Title 12 overview meeting. Conducts, in association with Public Works, tree planting events, such as Arbor Day at Forest Grove Elementary School and an Arbor Day community tree planting educational seminars
· Establish schedules and methods for providing forestry and canopy management services, identify resource needs, and review needs with appropriate management staff · Oversee tree service contractors' urban forestry management activities, including street clearance · Coordinate with Utility Agencies for utility clearance work: Performs annual walkthroughs with PGCC 7-3-24

utility companies to review line clearance activities
· Survey tree populations and conduct a variety of environmental impact studies and investigations · Oversee the tree permit processes, maintain all related records, and produce reports when requested: Processed 277 permits in 2023
· Provide presentations and written reports to the City Manager, Beautification and Natural Resources Commission and City Council, when needed
· Respond to tree-related emergencies: Coordinates all storm-related removals with Public Works and tree service contractors, on private and public property The City released a Request for Proposals (RFP) on May 7, 2024, and on June 4, 2024 the RFP window closed. The City received one proposal from Monterey Bay Treeworks, owner Albert Weisfuss, to continue the service he has been providing the City, for an hourly rate of $100 per hour, not to exceed $104,000 per fiscal year.

Mr. Weisfuss is a Certified Arborist with over 35 years of experience in caring for trees, parks and greenbelts across the Monterey Peninsula, including over 10 years providing Arborist Services to the City of Pacific Grove. Mr. Weisfuss has a track record of excellent customer service, a demonstrated ability to work collaboratively with residents and City Staff, extensive experience in community outreach programs, updating and maintaining tree inventories, and assisting local municipalities in the development of comprehensive urban forestry programs and policy documents. In addition to being a Certified Arborist, Mr. Weisfuss retains an International Society of Arboriculture Tree Risk Assessment Qualification which provides him with the ability to assess tree risks making informed decisions that will promote the safety of people and property and enhance tree benefits, health and longevity.

Budget Process
Through the budget process, the City Council has expressed an interest in hiring a Forester as a full-time employee of the City. Ongoing, the City of Pacific Grove must continue to retain an arborist to provide our residents and business with services regarding proper tree management through the tree permit process. The City's Arborist also works with residents, businesses and City staff to ensure tree health, pruning for safety and aesthetics, and to make recommendations for tree removal and plantings.

Prior to a budget amendment proposal staff is planning to present to the City Council in September of 2024, staff will develop a Forester job description and will develop a recommended forestry program that will meet the current and future City-wide tree management needs.

It is the recommendation to continue with Monterey Treeworks and Mr. Weisfuss for one year, granting the City Council an opportunity to evaluate the future needs of the community with regards to urban forest tree care.

OPTIONS

1. Approve agreement
Do not approve agreement; failure to approve an agreement will result in a gap in service to the community as there will be no one to oversee the tree permit process.

2. 3. Provide alternate direction
FINANCIAL IMPACT:
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$115,000 has been proposed in the FY 2024/25 Budget via Public Works Operations to allow for arborist services.

If approved, the City’s standard professional services agreement amendment (reviewed and approved by the City Attorney, Risk Management, and the California Joint Powers Insurance Authority) will be prepared for the Mayor’s signature per the standard contracting process.

FOCUSED PRIORITY AREA: Not Applicable.

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Agenda No. 9 C

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: July 03, 2024
SUBJECT: Maintenance Services Agreement with The Don Chapin Co., Inc DBA Greenline Liquid Waste Haulers for Sanitary Sewer Maintenance Services CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Authorize Mayor to sign extensions of the Maintenance Service Agreement with The Don Chapin Co., Inc DBA Greenline Liquid Waste Haulers

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

DISCUSSION
On July 20, 2022, the City Council approved a Maintenance Service Agreement with The Don Chapin Co., Inc DBA Greenline Liquid Waste Haulers for sanitary sewer maintenance services (“Agreement”) in an amount not to exceed $350,000 per fiscal year.

The Council approved term of the agreement through June 30, 2023, with options to extend annually for two (2) additional one (1) year periods. The method by which extensions would be executed was not stipulated.

The recommended action is to authorize Mayor to sign extensions of the Agreement for the periods specified in the Agreement.

OPTIONS

1. Authorize the Mayor to sign the extensions
Do not authorize the Mayor to sign extensions. Failure to authorize the Mayor to sign the extensions would result in an impact to Sanitary Sewer Maintenance Services.

2. FINANCIAL IMPACT:

Funding has been allocated in the FY24/25 budget for this Sanitary Sewer maintenance services agreement, utilizing the Sewer Fund.

FOCUSED PRIORITY AREA: Infrastructure
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Attachments
Sanitary Sewer Maintenance Services Agreement
FY23/24 Extension Letter
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Agenda No. 9 D

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: July 03, 2024
SUBJECT: Maintenance Services Agreement with Accent Clean and Sweep Inc. For Street Sweeping Services
CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Authorize Mayor to sign extensions of the Maintenance Services Agreement with Accent Clean and Sweep Inc.

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

DISCUSSION
On July 20, 2022, the City Council approved a Maintenance Service Agreement with Accent Clean and Sweep Inc. for street sweeping services in an amount not to exceed $205,200 plus a 10% contingency per fiscal year (“Agreement”).

The Council approved term of the agreement through June 30, 2023 with options to extend annually for four (4) additional one (1) year periods. The method by which extensions would be executed was not stipulated.

The recommended action is to authorize Mayor to sign extensions of the Agreement for the periods specified in the Agreement.

OPTIONS

1. Authorize the Mayor to sign the extensions
Do not authorize the Mayor to sign extensions. Failure to authorize the Mayor to sign the extensions would result in an impact to Street Sweeping Services.

2. FINANCIAL IMPACT:

Adequate funding has been allocated in the FY24/25 Budget to support street sweeping services for the fiscal year. These funds come from the Public Works Operating Budget.

FOCUSED PRIORITY AREA: Infrastructure
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Attachments
Street Sweeping Services Agreement
FY23/24 Extension Letter
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Agenda No. 11 A

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Matt Mogensen, City Manager
MEETING DATE: July 03, 2024
SUBJECT: Waste Water Collection Service Fees on the Tax Bill Protest Public Hearing CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Staff recommends the City Council:

Continue a Public Hearing on the collection of annual sewer service fees on the property tax roll by the County of Monterey to a date certain;

1. Continue a Public Hearing on the collection of annual sewer service fees on the property tax roll by the County of Monterey to a date uncertain.

2. DISCUSSION
Wastewater (sewer) services are provided by two agencies: the City of Pacific Grove and Monterey One Water (M1W). The City of Pacific Grove is responsible for maintaining and improving the wastewater collection system for the entire City of Pacific Grove. Untreated wastewater is collected in this system and sent to M1W’s regional conveyance system where it is pumped to M1W’s facility for treatment before safely being reintroduced into the environment. The City charges customers for collecting wastewater in accordance with service rates approved by the City Council. Monterey One Water charges for its conveyance and treatment service in accordance with rates approved by its Board of Directors. For years, M1W has collected the City’s charges on the City’s behalf along with their conveyance/treatment costs every two months.

At its City Council meeting held on June 21, 2023, the Council received a presentation from M1W regarding its intent to change their billing to an annual fee to be included on a parcel’s property tax bill.

On October 30, 2023, the M1W Board of Directors voted to change the billing process from bi-monthly direct billing to property tax billing within the M1W service area, citing the following advantages:

Shifting from the current billing process to the County property tax bill would eliminate the need to address limitations in M1W’s accounting software. The software used to maintain M1W’s billing will be replaced, and eliminating the need to handle billing will increase the efficiency of the Agency.

According to M1W, shifting from direct billing to property tax billing would likely reduce the number of late and delinquent accounts.

M1W will save approximately $400,000 resulting from this change, e.g., decrease in third party vendor expenses and an increase in revenue collections.

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At its April 17, 2024, City Council Meeting, the Council directed the City Manager to send a letter to Monterey One Water confirming the City's intent to move the City's charges for wastewater collection to the County of Monterey's property tax bill and carry out the tasks to accomplish the transfer by July 1, 2024. The staff report for this item is attached for background information.

On June 19, 2024, the City Council approved a Resolution Certifying Compliance with State Law with Respect to the Levying of General and Special Taxes, Assessments, and Property Related Fees and Charges (staff report attached).

Staff published a notice of public hearing regarding the Waste Water Collection Service Fees on the Tax Bill Protest Public Hearing, in the Monterey Weekly on June 20, 2024, and June 27, 2024.

At its June 24, 2024, Board of Directors meeting, the Monterey One Water Board voted against moving its billing to the County of Monterey tax rolls. The vote was 8-2 in favor to move the billing to the tax rolls; however, the rules allow for a weighted vote and require a 2/3 majority. The approval requirement was not met. This decision only affected the Monterey One Water charge portion of the sewer collection bill, not the Pacific Grove or other locality sewer collection fees.

As a result of this unexpected vote, some local agencies have opted to not go forward at this time with moving the collection of sewer fees to the County Assessor tax rolls (Salinas and Seaside). Others are still considering it (Monterey, for example, has not yet taken action) or have voted to shift the collection to the County tax rolls (Moss Landing).

In order to allow adequate time to understand the complexities of the changing circumstances, staff recommends that the City Council continue the public hearing to a future date.

OPTIONS
Continue a Public Hearing on the collection of annual sewer service fees on the property tax roll by the County of Monterey to a date certain or take no action and continue the hearing to a date uncertain.

FINANCIAL IMPACT:

There is no fiscal impact of continuing the public hearing to a date certain. Should the City Council continue the hearing to a date uncertain, the City would have additional costs to re-notice the hearing.

FOCUSED PRIORITY AREA: Not Applicable.

Attachments
April 17 2024 Agenda Report on Wastewater Charges and Property Tax Bill June 19 2024 Agenda Report
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Agenda No. 13 A

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Robert Perrault, City Manager
MEETING DATE: April 17, 2024
SUBJECT: Authorize the City Manager to send a letter to Monterey One Water affirming the City of Pacific Grove's intent to move the City's Billing for Wastewater (Sewer) charges to the County of Monterey Property tax bill.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Direct the City Manager to send a letter to Monterey One Water confirming the City's intent to move the City's charges for wastewater collection to the County of Monterey's property tax bill and carry out the tasks to accomplish the transfer by July 1, 2024.

DISCUSSION
Wastewater (sewer) services are provided by two agencies: the City of Pacific Grove and Monterey One Water (M1W). The City of Pacific Grove is responsible for maintaining and improving the wastewater collection system for the entire City of Pacific Grove. Untreated wastewater is collected in this system and sent to M1W’s regional conveyance system where it is pumped to M1W’s facility for treatment before safely being reintroduced into the environment. The City charges customers for collecting wastewater in accordance with service rates approved by the City Council. Monterey One Water charges for its conveyance and treatment service in accordance with rates approved by its Board of Directors. For years, M1W has collected the City’s charges on the City’s behalf along with their conveyance/treatment costs every two months. Recently, M1W has decided to move the collection of their charges to Monterey County to be collected along with property tax. The purpose of this item is to discuss the City’s willingness to also transfer the collection of its wastewater fees to the County.

According to M1W, property owners are responsible for the payments. In some cases, the property owner chooses to forward their bill to a tenant or third-party payee.

At its City Council meeting held on June 21, 2023, the Council received a presentation from M1W regarding its intent to change their billing to an annual fee to be included on a parcel’s property tax bill.

On October 30, 2023, the M1W Board of Directors voted to change the billing process from bi-monthly direct billing to property tax billing within the M1W service area, citing the following advantages:

Shifting from the current billing process to the County property tax bill would eliminate the need to address limitations in M1W’s accounting software. The software used to maintain M1W’s billing will be replaced, and eliminating the need to handle billing will increase the efficiency of the Agency.

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According to M1W, shifting from direct billing to property tax billing would likely reduce the number of late and delinquent accounts.

M1W will save approximately $400,000 resulting from this change, e.g., decrease in third party vendor expenses and an increase in revenue collections.

With M1W moving its billing for wastewater service to the County, it is worthwhile for the city to consider doing the same. A few of the reasons for consideration:

It would resolve a potential issue of customers receiving two separate billings for sewer service, one on the tax bill and one from the city.

In the event the city decides not to transfer the billing to the County, the city would have to implement a separate system to collect billing which would add costs to the Administrative Services Department. These costs at this point have not been estimated.

The City’s share of the billing would remain the same. The City has already conducted a 218 process on the current rate structure so current customers/ property owners would not see an increase resulting from this transfer.

For those customers wishing to pay sewer related costs on a more frequent basis, the county has contracted with a third-party vendor, Easy Smart Pay, to pay a parcel’s property tax bill, and any subsequent fees like wastewater, on a monthly basis through ACH or credit card.

During the April 17th meeting, representatives from M1W will provide the Council and the public with a presentation to acquaint the Council and the public with the procedure necessary to accomplish the transfer. It is the staff’s understanding that this process is governed through the California Health and Safety Code. To effectuate the transfer, the Council would need to direct staff to prepare a written report containing a description of each parcel receiving service and the amount of charge for each year. It is my understanding that M1W would assist with this report. A public hearing would need to be held in June 2024 to consider adoption of a resolution approving the written report (Annual Rate Report) and directing collection of the City’s sewer service charges on the County tax roll. In accordance with the Health and Safety Code, adoption must occur annually and with a 2/3 vote of the Council. In addition, a revised collection agreement with M1W and possibly a separate agreement with the County would come before the Council for approval.

Staff is suggesting the following order for this item:

1. Receive Staff Report

2. Recieve Monterey One Water Presentation

3. Council questions of Staff and Monterey One Water

4. Public Comment

5. Council deliberation.

OPTIONS

1. The Council could decide to retain the responsibility for billing and collection.

2. The Council could provide staff with additional direction.

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The impact of providing this direction at this time would have limited fiscal impact. Should the Council determine to retain the billing and collection responsibility, additional costs would be incurred but have not been estimated.

FOCUSED PRIORITY AREA: Not Applicable.

Attachments
1 - Draft Letter of Intention
2 - Copy of Monterey One Water Implementation Plan
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April 8, 2024
Fred Marsh
Chief Financial Officer
Monterey One Water
5 Harris Court
Monterey, CA 93940
Subject: Transition of Wastewater (Sewer) Fee Collection to Monterey County Tax Bill Dear Mr. Marsh
The City of Pacific Grove intends to move the City’s wastewater (sewer) fee for collection services to the Monterey County Property Tax Bill. This change is in conjunction with Monterey One Water moving its wastewater service fee to the property tax bill, effective July 1,2024.

The City Manages and maintains the wastewater collection system for the residents and businesses in Pacific Grove. The City understands there is an annual process to place the fee for its wastewater collection service on the property tax bill and will work with Monterey One Water Staff through the required approvals for its fee.

We look forward to working with your staff to formalize this process and implement the change.

Sincerely,
Robert Perrault
Interim City Manager
Cc: Mike McCullough Director of External Affairs, Monterey One Water Dan Gho Deputy City Manager, Public Works Director
Tori Hannah, Administrative Services Director
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Agenda No. 6 B

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Lori Frati, Finance Manager
MEETING DATE: June 19, 2024
SUBJECT: Certification of Compliance with State Law with Respect to the Levying of General and Special Taxes, Assessments and Property Related Fees and Charges for FY 2024-25.

CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Motion to adopt a resolution Certifying Compliance with State Law with Respect to the Levying of General and Special Taxes, Assessments, and Property Related Fees and Charges.

DISCUSSION
On April 17, 2024, the City Council approved a Letter of Intention to move the City’s wastewater (sewer) fee for collection services to the Monterey County Property Tax Bill. The full background and information regarding this action can be found on the attachment to this report. This change is in conjunction with Monterey One Water moving its wastewater service fee to the property tax bill, effective July 1,2024. The City Manages and maintains the wastewater collection system for the residents and businesses in Pacific Grove. In order to place the wastewater fee on the property tax bill, there is an annual process to place the fee for its wastewater collection service on the property tax bill.

District user fees are collected using the Monterey County (County) tax rolls, and in order to ensure that the provisions of Proposition 218 are being addressed by the District, the Monterey County Auditor requires certification of compliance with the Proposition, including a hold harmless and indemnification provision for administrative expenses to the County associated with collection of user fees. This certification is required each year on or before August 1, before the processing of the secured tax roll bills for the coming fiscal year.

OPTIONS

1. Approve a resolution Certifying Compliance with State Law with Respect to the Levying of General and Special Taxes, Assessments, and Property Related Fees and Charges.

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

FINANCIAL IMPACT:

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None
FOCUSED PRIORITY AREA: Not Applicable.

Attachments
April 17 2024 Agenda Report on Wastewater Charges and Property Tax Bill Proposed Resolution
Proposed Agreement
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Agenda No. 11 B

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Matt Mogensen, City Manager
MEETING DATE: July 03, 2024
SUBJECT: Resolution of the City Council Of The City Of Pacific Grove Submitting A Ballot Measure To Voters To Amend The Pacific Grove City Charter To Change The Number Of Elected City Council Members From Six To Four and related changes to the City Charter
CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Motion to adopt a Resolution of the City Council Of The City Of Pacific Grove Submitting A Ballot Measure To Voters To Amend The Pacific Grove City Charter To Change The Number Of Elected City Council Members From Six To Four and related changes to the City Charter.

1. 2. Other action related to this item.

DISCUSSION
On November 8, 2022, Ballot Measure O was voted on by the voters which would have reduced the number of City Councilmember from six(6) to four(4) and related changes to the City Charter. Measure O did not receive a majority vote by the voters, losing by 13 votes.

On March 20, 2024, Interim City Manager Robert Perrault presented an Agenda Report (Attachment 1) which recommended the City Council give direction to the City Manager to return to the Council with the documents necessary to place a measure on the ballot for the November 5, 2024 General Statewide Election to reduce the Council's composition from six (6) to (4) members and the Council approved this recommendation.

Attachment 2 to this Agenda Report is a Resolution Of The City Council Of The City Of Pacific Grove Submitting A Ballot Measure To Voters To Amend The Pacific Grove City Charter To Change The Number Of Elected City Council Members From Six To Four and related changes to the City Charter.

Exhibit A to the Resolution identifies the proposed changes to the City Charter with track changes and yellow highlights.

OPTIONS
Other action related to this item.

FINANCIAL IMPACT:

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The County of Monterey charges the City for costs of the General Election. The County Elections Department estimates those costs for the November 5, 2024 election based on the number of registered voters at $10 per person to be $102,240. Historically, after the County breaks out the costs to all cities, districts, county, the actual cost for the election has been lower than the estimate. The added cost due to including this ballot measure cannot be estimated. The invoice from the County to the City for the November 8, 2022 Election (Attachment 3) in the amount of $63,595.28 does not include a breakdown of the cost for the ballot measure at that election.

FOCUSED PRIORITY AREA: Not Applicable.

Attachments

1. Agenda Report dated March 20, 2024

2. Resolution Submitted to Voters re Ballot Measure 6 to 4

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Agenda No. 13 C

CITY OF PACIFIC GROVE
300 Forest A venue, Pacific G rove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Robert Perrault, City Manager
MEETING DATE: March 20, 2024
SUBJECT: Consider Transitioning from Six (6) to Four (4) Council Members CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Direct the City Manager to return to the Council with the documents necessary to place a measure on the ballot reducing the Council's composition from six (6) to (4) members.

DISCUSSION
During the last Council meeting, I received directions from the Council to issue a Request for Proposal (RFP) to retain a demographer. The decision to retain a demographer is the first step taken by the Council to move from the current at large voting system to a district-based voting system. This action was taken based on the recommendation from the City Attorney which stemmed from the City's receipt of a letter from Mr. Sandoval, District Director for the League of United Latin American Citizens (LULAC). In his letter, Mr. Sandoval requested the city transition from the current system to the district-based system to comply with the California Voting Rights Act, and avoid potential litigation based on a possible violation of the Act.

I am in the process of retaining the demographer who will then complete a study of the City based on the 2020 census and will include an analysis of the City's population, its ethnic composition, and proportion of eligible voters according to ethnic group and socioeconomic characteristics. This information will be returned to the Council as a prerequisite for the Council's adoption of a Resolution of Intent to move to the by district voting system and the development of district maps. The information contained in the demographer's report will be used to assist the city with the development of the maps. The creation of the proposed districts along with the amendment to the City Charter would be placed before the electorate in the general election of 2026.

Converting the current at large voting system to the by district voting system raises the issue of Council composition. As outlined in the City's Charter Article 6, the City Council consists of six council members and the mayor, all of which are elected at large. This composition has existed since the Charter's adoption by the voters in 1927. In order to move to a by district voting system, six districts would need to be created to retain the current council composition. More recently, in 2022, the Council placed Measure O on the ballot to reduce the Council membership size from 6 members to 4 members and the mayor. See agenda report authored by Council Member Coletti on May 18, 2022. According to the City Clerk, this measure failed to pass by only 13 votes.

As noted, it may be timely to consider once again a reduction in Council seats. In Council Member Coletti's report, he notes that nearly 90% of California cities have a council composition of 5 seats. Cities with a 7-member council composition is more the exception to the rule at 6.5% of the total. Please keep in mind that there are more than 450 cities statewide of varying sizes. All of Monterey County Cities have 5 member councils. Finally, in the 40 years I have served California cities, all have been with cities composed of 5-member councils.

From a very practical perspective, a possible reduction in seats makes sense with respect to the creation of districts. Pacific Grove remains a very small city consisting of approximately 2.5 square miles and a population of slightly more than 15,000. The creation of six districts of equitable size and neighborhoods of interest would be more difficult than the creation of 4 districts. The creation of 6 districts versus 4 with the relatively same number of voters could also prove challenging. The registered voter makeup of the city is between 8 and 10,000 PGCC 7-3-24

voters. Six districts would equate to between 1300 and 1600 voters per district. Four districts would increase the number of registered voters per district. The creation of four districts will also increase the universe for eligible potential candidates. It has been my experience in small cities with small districts that it is more difficult to find candidates who are willing to step forward to assume the mantle of leadership. In the event no one steps forward and a vacancy exists, the vacancy will need to be filled in keeping with the Charter, which could mean an appointment of an eligible resident of the correlating district. In moving to 4 or 6 districts, I would recommend continuing to elect the mayor at large.

Next Steps.

Should the Council wish to consider the reduction in its composition, it would be appropriate to direct the City Manager to prepare documents necessary to file the measure with the County Clerk for consideration by the voters in November 2024. Staff would also suggest that the Council consider using similar language to that used in 2022. (Please see the attachment.) Should the measure be successful, the reduction in seats would not be implemented until the November 2026 Council election. The advantage of moving forward with this question at this time is that a voter decision on the composition of the Council will provide clear direction in terms of developing maps for 4 or 6 districts.

OPTIONS

1. The Council could take no action at this time; or

2. Provide the City Manager with additional direction.

FINANCIAL IMPACT:

There is no direct financial impact associated with consideration of this item at this time. Placing a measure on the ballot for voter consideration will have associated costs. The City Manager will bring an estimate of costs to the Council for consideration, once the documents are prepared.

FOCUSED PRIORITY AREA: Not Applicable.

Attachments
Public Comment
Amelio PPT
Coletti PPT
22-039 Charter Amendment Reso
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1 RESOLUTION NO. 24-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFIC

GROVE SUBMITTING A BALLOT MEASURE TO VOTERS TO AMEND

THE PACIFIC GROVE CITY CHARTER TO CHANGE THE NUMBER OF

ELECTED CITY COUNCIL MEMBERS FROM SIX TO FOUR BY
DIRECTING (1) IN 2026 TWO COUNCIL MEMBERS SHALL BE

ELECTED TO FOUR-YEAR TERMS, AND ONE COUNCIL MEMBER
SHALL BE ELECTED TO A SINGLE TWO-YEAR TERM, AND (2) EVERY TWO YEARS THEREAFTER BEGINNING IN 2028 TWO COUNCIL
MEMBERS SHALL BE ELECTED TO FOUR-YEAR TERMS;

CONSISTENT CHARTER CHANGES SHALL CLARIFY A QUORUM,

MAJORITY VOTE AND OTHER SELECT ACTIONS AND REQUESTING

THE MONTEREY COUNTY ELECTIONS DEPARTMENT TO CONDUCT

THE ELECTION AND CONSOLIDATE IT WITH THE STATEWIDE
ELECTION TO BE HELD ON NOVEMBER 5, 2024
WHEREAS, the Pacific Grove City Charter, since 1927, has required the staggered election of six Council members, in addition to the Mayor, whereby each Council Member is elected to serve a four-year term. This election system was largely based on the "Model City Charter" published in 1926 by the League of California Municipalities, with one notable exception being the "Model City Charter" recommended a five-member council.

WHEREAS, California city councils vary greatly in size from four to fifteen members. A clear majority of cities (almost 90%) throughout California call for election of a five-member council. This is the council membership for all cities in Monterey County, excepting Pacific Grove and Salinas. Less than 7% of California cities rely on a seven-member council.

WHEREAS, the proposed Charter Amendment would reduce the size of the City Council from seven to five members, that is, four Council members and a Mayor.

WHEREAS, reducing the number of elected council members from six to four will reduce redundancy, conserve City resources and facilitate decision-making. Some commentators have stated council larger than five increases the opportunity for members to divide into factions.

WHEREAS, any City Charter amendment must be approved by the voters of that City.

WHEREAS, a change to the City election system requires a vote of the electorate and may only be effected prospectively insofar as elected officials, by law, hold office for the entire term of their elected service.

WHEREAS, the change to the City election system proposes to stage this election sequence whereby one council member shall serve a single two-year term to provide a bridge between the six-member group of elected councilmembers to the four-member group of elected councilmembers.

WHEREAS, pursuant to Elections Code Section 10002, the City Council of the City of Pacific Grove may request the Board of Supervisors of the county to permit the county elections PGCC 7-3-24

2 official to render specified services to the city or district relating to the conduct of an election. The city or district shall reimburse the county in full for the services performed upon presentation of a bill to the city or district.

WHEREAS, pursuant to Elections Code Section 10002, Monterey County Elections shall supply the elections official with a list of its precincts, or consolidated precincts, as applicable.

WHEREAS, the City Clerk and County Registrar of Voters are authorized to print forms, publish notices, and provide information as may be necessary or convenient to assure the orderly conduct of the election, and they shall do all other things necessary to facilitate the holding of the election in a manner consistent with law.

WHEREAS, pursuant to Elections Code Sections 10400, whenever two or more elections, including bond elections, of any legislative or congressional district, public district, city, county, or other political subdivision are called to be held on the same day, in the same territory, or in territory that is in part the same, they may be consolidated upon the order of the governing body or bodies or officer or officers calling the elections.

WHEREAS, pursuant to Elections Code Section 10403, whenever an election called by a district, city or other political subdivision for the submission of any question, proposition, or office to be filled is to be consolidated with a statewide election, and the question, proposition, or office to be filled is to appear upon the same ballot as that provided for that statewide election, the district, city or other political subdivision shall, at least 88 days prior to the date of the election, file with the board of supervisors, and a copy with the elections official, a resolution of its governing board requesting the consolidation, and setting forth the exact form of any question, proposition, or office to be voted upon at the election, as it is to appear on the ballot.

Upon such request, the Board of Supervisors may order the consolidation. The resolution requesting the consolidation shall be adopted and filed at the same time as the adoption of the ordinance, resolution, or order calling the election.

WHEREAS, the City Council finds and determines this resolution is exempt from the California Environmental Quality Act, Public Resources Code Sections 21000 et seq. ("CEQA") and 14 Cal. Code of Regulations, Sections 15000, et seq. ("CEQA Guidelines"). The calling and noticing of an election for the submission of a ballot measure to voters is not a project within the meaning of CEQA Guidelines 15378.

WHEREAS, the City Council desires to submit the proposed Charter Amendment to the voters of the City at a General Municipal Election to be held on Tuesday, November 5, 2024, , and to be consolidated with the general municipal election and the statewide election to be held on that date.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE:

Section 1. Recitals. The City Council hereby finds and determines that the foregoing recitals are true and correct.

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3 Section 2. Resolution 24-022. On June 5, 2024, the City Council adopted Resolution 24-022 Calling An Election, Requesting The County Elections Department Conduct The Election, Requesting Consolidation Of The Election With The November 5, 2024, General Municipal Election, And Authorizing The City Manager To Sign The Service Agreement For Provision Of Election Services.

Section 3. Election. Pursuant to Section 3 of Article XI of the California Constitution, Article 8 of the City Charter, and Elections Code Sections 9255(b)(l), the City Council of the City of Pacific Grove hereby orders the following proposed Charter Amendment be submitted to the voters at the November 5, 2024, General Municipal Election and requests the Monterey County Elections Department to conduct the election and consolidate it with the statewide election to be held on November 5, 2024 and submit to the electorate the following question:

Measure "_" Charter Amendment - Reducing Number of Councilmembers.

Shall the Pacific Grove City Charter be amended to reduce the size of the City Council from six Councilmembers and a Mayor to four Councilmembers and a Mayor such that: in 2026 two Councilmembers shall be elected to four-year terms, and one to a single two-year term, and every two years thereafter two Councilmembers shall be elected to four-year terms; with associated amendments for votes needed for a quorum, majority vote and other select actions?
YES
NO
Section 4. Proposed Charter Amendment. The text of the proposed Charter Amendment to be submitted to the voters is attached to this Resolution as Exhibit A and incorporated by reference. The full text of the proposed Charter Amendment shall be printed in the Sample Ballot and Voters Pamphlet and shall be made available to the public and to any voter at the County Elections Department and the Pacific Grove City Clerk.

Section 5. Publication of Measure. The City Clerk is directed to publish a synopsis of the measure at least one time not later than one week before the election.

Section 6. Approval. The vote requirement for this measure to pass shall be a majority of those casting ballots on the measure (50% plus 1).

Section 7. Filing with County. The City Clerk shall file a certified copy of this Resolution with the County Elections Department.

Section 8. Analysis and Argument. Pursuant to Elections Code Section 9280, the City Attorney shall prepare an impartial analysis of the measure that shall not exceed 500 words no later than 12:00 p.m. on August 15, 2024. Pursuant to Elections Code Section 9282, the City Council authorizes the Mayor to author and submit the primary argument and pursuant to Elections Code Section 9285(a), authorizes the Mayor to submit a rebuttal argument in favor of the ballot measure. Pursuant to Elections Code Section 9287, if more than one argument is submitted against the measure, the City Clerk shall select the argument to be included with the ballot materials. An PGCC 7-3-24

4 argument for or against the measure shall not exceed 300 words in length. The last day to submit arguments for or against the proposed measure shall be August 15, 2024. Submittals are to be delivered to the City Clerk no later than 12:00 p.m. Rebuttal arguments (250 words) shall be permitted pursuant to applicable law. The last day to submit rebuttal arguments to the City Clerk shall be August 22, 2024. Submittals are to be delivered to the City Clerk no later than 12:00 p.m.

Section 9. Implementation. The City Clerk and City Manager are authorized to take all actions as necessary to effectuate the purposes of this resolution and the election. The City Manager is authorized to execute all documents and to perform all other necessary City acts to enter into a service agreement for the provision of election services with Monterey County Registrar of Voters. The City Clerk and City Attorney are authorized to make any typographical, clerical, and non-substantive corrections to this resolution as may be deemed necessary by the Monterey Elections Department.

Section 10. Declaration. The City Council shall meet to declare the results of the election called for by this Resolution at their regular meeting following certification of election results.

Section 11. Effective Date. This Resolution shall take immediate effect upon its adoption by the City Council and the City Clerk shall certify the vote adopting the resolution.

Section 12. Environmental Compliance. The City Council finds the adoption of this resolution is not subject to the California Environmental Quality Act ("CEQA") pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because it has no potential for resulting in physical change to the environment, directly, or indirectly.

Section 13. Election Called and Consolidated. The City Council of the City of Pacific Grove hereby orders an election be called and consolidated with any and all elections also called to be held on November 5, 2024 within the same territory.

Section 14. All Necessary Services. The City Council of the City of Pacific Grove hereby orders that pursuant to Elections Code Section 10002 said governing body hereby requests the Board of Supervisors of the County of Monterey to permit the Monterey County Elections Department to provide any and all services necessary for conducting an election and agrees to pay for said services in full.

Section 15. Printing of Measure. The City Council of the City of Pacific Grove hereby requests that the Monterey County Elections Department print the attached full measure text Exhibit A exactly as filed or indicated on the filed document in the voter information guide for the November 5, 2024 election.

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5 PASSED AND ADOPTED by the City Council of the City of Pacific Grove on this 3rd day of July, 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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6 RESOLUTION NO. ___________

EXHIBIT A
Text of Proposed Charter Amendment to Be Submitted to the Voters: Proposal to Amend the Pacific Grove City Charter to Reduce the Size of the City Council from Six (6) Councilmembers and a Mayor to Four (4) Councilmembers and a Mayor and Redefine the Votes Needed for a Quorum, A Majority Vote and Other Select Actions.

TEXT OF AMENDMENT TO PACIFIC GROVE CITY CHARTER
Amended text shown in underscored bold italics text, and deleted text shown in strikeout text.

Highlighted text shown solely for ease of reference.

PART 1: PROPOSED CHARTER AMENDMENT
Section 1. That Article 6 of the City Charter be amended to read as follows:

Article 6 Officers and Employees
The officers of the City of Pacific Grove shall consist of six four Councilmembers and a Mayor, a City Manager, a City Clerk, a City Treasurer, a City Attorney, other officers as provided by ordinance, and members of Commissions, Boards and Committees as provided by Charter and by ordinance; provided, the Council may by ordinance provide for such subordinate officers, assistants, deputies, clerks and employees as it deems necessary, and that the Council may at any time, when in its judgment the interest of the City so demands, consolidate by ordinance the powers and duties of two or more City officers, and place the same in charge of one such officer.

The Mayor and the members of the Council shall be elected from the City at large. All other officers, assistants, deputies, clerks, and employees shall be appointed as provided in this Charter, or as the Council may provide by ordinance in case no provision for their appointment is herein made, and they shall hold their respective offices or positions at the pleasure of the appointing power, except as otherwise herein provided.

Section 2. That Article 11 of the City Charter be amended to read as follows:

Article 11 The Mayor
A Mayor shall be elected at each general municipal election and shall hold office for the term of two years from and after the Tuesday next succeeding the day of such election and until a successor is elected and qualified. The Mayor may receive compensation as provided by ordinance, but in no case shall the compensation exceed that amount which is permitted by State Law for General Law cities of comparable size to Pacific Grove. The Mayor shall be ineligible to hold any office or employment with the City except as a member of any board, commission or committee thereof of which the Mayor is constituted such member by General Law. In the name and on behalf of the City the Mayor shall sign all contracts, deeds, bonds and other legal instruments in which the city is a party. The Mayor or the Mayor's designate shall represent the City at all ceremonial functions of a social or patriotic character when it is desirable or PGCC 7-3-24

7 appropriate to have the City represented officially thereat. The Council shall choose one of its members to serve as Mayor pro tempore during the absence of the Mayor. The Mayor shall preside over all Council meetings and shall be entitled to one vote.

In the event a vacancy occurs in the office of the Mayor, the remaining Council Members shall appoint, by four three affirmative votes, one of their number to serve as Mayor for the remaining term of the vacated office of Mayor. If the Council does not fill the Mayoral vacancy within thirty (30) days its appointment power shall lapse and the Mayor Pro Tempore shall assume the office of Mayor. In either event, a vacancy shall then exist as to that Council seat, which shall be filled in accord with the provisions of Article 12 of this Charter.

Section 3. That Article 12 of the City Charter be amended to read as follows:

Article 12 Council
Three Two Councilmembers shall be elected at each general municipal election and shall hold office for the term of four years each from and after the Tuesday next succeeding the day of such election, and until their successors are elected and qualified.

A vacancy in an elective office shall be filled by appointment by the Council, such appointee to hold office until the next general municipal election and until a successor is elected and qualified. Such successor shall be elected for the unexpired term of his or her predecessor at the general municipal election and until a successor is elected and qualified. Such successor shall be elected for the unexpired term of his or her predecessor at the general municipal election next succeeding such appointment. Should the Council fail to fill any such vacancy within thirty days after the same occurs, then it shall be filled by appointment by the Mayor; provided, however, that if the offices of a majority, or more, of the Council shall become vacant, then the City Clerk shall call a special election at once to fill the vacancies for the unexpired terms, and the same shall be conducted substantially in the manner provided for general municipal elections.

If any Councilmember of the City shall be absent for more than two consecutive regular meetings without good cause as determined by the Council, or shall cease to be a resident or elector of the City, or shall fail to qualify, or shall resign or be convicted of a felony, or be adjudged mentally incompetent, the Councilmember's office shall thereupon become vacant.

The Councilmembers may receive compensation as provided by ordinance, but in no case shall the compensation exceed that amount which is permitted by the State Law for General Law cities of comparable size to Pacific Grove.

No Councilmember shall be eligible to hold any other office or employment with the City except as a member of any board, commission, or committee thereof, of which the Councilmember is constituted such member by the General Law of the State.

The term of office for a Councilmember who files as a candidate for the Office of Mayor shall automatically expire on the Tuesday next succeeding the general municipal election held following that filing. The filing period for candidates to fill such Councilmember's term shall be extended an additional five days.

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8 Section 4. That Article 13 of the City Charter be amended to read as follows:

Article 13 Meetings of the Council
All meetings of the Council shall be duly noticed and shall be open to the public and shall otherwise comply with applicable state law. All meetings of the Council shall be held in the Council Chambers, except that the Council may hold meetings at another location either to (1) accommodate those who wish to attend, or to (2) accommodate an emergency situation, or to (3) accommodate the needs of a particular meeting as determined in the sole discretion of the Council. There shall be two regular meetings of the Council in each month at a day and hour by ordinance determined, and any regular meeting may be adjourned to a date and hour certain and such adjourned meeting shall be a regular meeting for all purposes; provided however, the Council may cancel one of those meetings, as circumstances may require, by five (5) four (4) affirmative votes. The Council shall adopt rules for the conduct of its proceeding and shall provide by ordinance the manner in which its special meetings may be called.

Section 5. That Article 15 of the City Charter be amended to read as follows:

Article 15 Ordinances
(a) The enacting clause of all ordinances passed by the Council shall read as follows: "The Council of the City of Pacific Grove does ordain as follows:" The enacting clause of all ordinances passed by the vote of the electors of the City through the exercise of the initiative or referendum shall be: "The people of the City of Pacific Grove do ordain as follows:" (b) The affirmative vote of four three members of the Council shall be necessary to adopt any ordinances, resolutions or claims against the City, which vote shall be taken by ayes and noes and entered upon the record, and upon the request of any member of the Council the ayes and noes shall be taken and recorded upon any vote.
(c) No ordinance shall be passed by the Council on the day of its introduction nor within five days thereafter, nor at any time other than at a regular meeting, nor until its publication at least once in the official newspaper at least three days before its adoption. Provided, that the publication of ordinances as required herein may be satisfied by publication of a summary of a proposed ordinance, if at the time the ordinance is introduced the Council directs a summary to be published. Any summary so published shall be approved by the City Attorney. A copy of the full text of proposed ordinances for which summaries are published shall be on file in the office of the City Clerk and available to the public on and after the first business day following introduction.
(d) Notwithstanding the five day waiting period required in (c), immediately hereinabove, any ordinance declared by the Council to be necessary as an emergency measure for preserving the public peace, health, safety or public welfare, and containing the reasons for its urgency, may be introduced and if passed by a vote of no fewer than five four members of the Council shall become effective immediately.

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9 (e) A proposed ordinance may be amended or modified between the time of its introduction and the time of its final passage, provided its general scope and original purpose are retained. (f) No ordinance or portion thereof shall be repealed, revised or amended except by ordinance, and all ordinances shall be signed by the Mayor and attested by the City Clerk. (g) Except as provided by General Law, or by this Charter, no action providing for the approval or amendment of the annual fiscal year budget, or for the acquisition, sale, lease, encumbrancing or disposition of real property of the City, or any interest therein, or for the levying of any tax or assessment, or for the granting of any franchise, or for the establishment or changing of zoning regulations, or for the imposing of any penalty, shall be taken except by ordinance.
(h) All ordinances subject to the right of referendum shall become effective 30 days following final passage. All other ordinances shall be effective immediately upon final passage.

The provisions of this subarticle shall not affect the ability of the Council to adopt emergency measures pursuant to subarticle (d) of this Article.

Section 6. That Article 19 of the City Charter be amended to read as follows:

Article 19 City Manager
There shall be a City Manager appointed by the affirmative vote of five sevenths four fifths of the Council who shall be the administrative head of the City government. The City Manager shall be chosen by the Council without regard to political consideration and with reference solely to qualifications for such office. The procedure for removal of the City Manager shall be prescribed by ordinance.

It shall not be necessary that the City Manager reside in the City at the time of appointment, but the City Manager shall become a resident thereof within sixty days thereafter and thereafter during incumbency shall actually reside in the City.

The powers and duties of the City Manager shall be:
a. To see that all ordinances are enforced.
b. To appoint all heads of departments, subordinate officials and employees, and remove the same, and have general supervision and control over the same. c. To exercise general supervision over all privately owned public utilities operating within the City so far as the same are subject to municipal control. d. To see that the provisions of all franchises, leases, contracts, permits and privileges granted by the City are fully observed and to report to the Council any violations thereof. e. To act as purchasing agent for the City. The City Manager shall know the exact condition of the treasury at all times, and shall approve all demands before the same have been allowed by the Council if the City Manager is satisfied that the money is lawfully due.

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10 f. To attend all meetings of the Council unless excused therefrom by three two members thereof or by the Mayor.
g. To examine, or cause to be examined, without notice, the conduct, or the official account and records, of any officer or employee of the City.
h. To keep the Council advised as to the needs of the City. i. To have supervision over all City property, including public buildings, parks and playgrounds.
j. To appoint such advisory boards as the City Manager may deem desirable to advise and assist the City Manager provided the members of such boards shall receive no compensation. k. To cause a quarterly statement of all funds in the treasury to be submitted to the Council.

Such statements shall be submitted not later than the first meeting in November, February, May and August.
l. To assume general control of the City government and all of its branches in case of riot, insurrection or extraordinary emergency, and to be responsible for the suppression of disorders and the restoration of normal conditions.

Section 7. That Article 24 of the City Charter be amended to read as follows:

Article 24 City Attorney
There shall be a City Attorney appointed by the City Council. The City Attorney shall be an attorney-at-law, admitted to the bar of the Supreme Court of this State, and one who has been in actual practice in the State, for at least three years next preceding appointment. All other things being equal, an attorney who has had special training for this office or experience in municipal corporation law shall be appointed to this office, if practicable. The City Attorney shall be legal advisor of the Council and shall be available to all other City officials on City business.

The City Attorney shall prosecute all violations of City ordinances, and shall draft all ordinances, resolutions, contracts, or other legal documents or proceedings required by the Council or other officials, except as may be otherwise provided, and shall perform such legal services from time to time as the Council may require, and shall attend all meetings of the Council unless excused therefrom by three two members thereof or by the Mayor. When from any cause therefrom the City Attorney is unable to perform the duties of office, the City Attorney shall with the consent of the Council appoint some other qualified attorney to act temporarily as City Attorney.

Whenever, in the judgment of the Council, the interests of the City require it, assistant counsel may be employed. The City Attorney shall deliver all books, records, papers, documents, and property of every description, under his or her control, owned by the City, to his or her successor in office, and shall possess such other powers, and perform such additional duties, not in conflict with this Charter, as may be prescribed by ordinance.

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11 Section 8. That Article 26 of the City Charter be amended to read as follows:

Article 26 Appointive Commissions and Boards
There shall be the Commission and Boards enumerated in this Article which shall have the powers and duties as provided herein. The appointment of persons to serve on these Commissions and Boards shall be made by the Mayor subject to the confirmation by affirmative vote of four three members of the Council.

Before making such appointments the Mayor shall consult with the Council and shall consider fully any and all nominations suggested by other members of the Council.

Members of Commissions and Boards shall serve at the pleasure of the Council. The Council, by an affirmative vote of four three of its members, may remove any member of any Commission or Board at any time during the Commission or Board member's term of office.

The term of office for members of Commissions and Boards shall be four years, but in no event shall any person serve more than three successive full terms on a single Commission or Board.

For the purposes of this Article, service upon appointment to a vacated mid-term seat shall be deemed service for a full term. A person who has served for such three term period on a Commission or Board shall be eligible for reappointment to that Commission or Board after the expiration of two years.

Any person appointed to serve on such Commissions or Boards shall be a registered elector of the City and shall not hold any paid office or employment in the City government or be a member of any other Board as herein enumerated, or be a member of the City Council, except as an ex officio member without vote.
a. CITY PLANNING COMMISSION. There shall be a Planning Commission consisting of seven members, and shall have the following powers and duties:
(1) Recommend to the Council the adoption, amendment, or repeal of a General Master Plan, or any part thereof, for the physical development of the City. (2) Exercise such functions with respect to land subdivisions, planning and zoning as may be prescribed by ordinance or resolution.
(3) Perform such other duties relating to planning and zoning as the Council may require by ordinance or resolution, or as may be prescribed by the General Laws of the State. b. LIBRARY BOARD. There shall be a Library Board consisting of five members and shall have the following powers and duties:
(1) Act in an advisory capacity to the Council and City Manager in all matters pertaining to the operation of a public library.
(2) Recommend to the City Council the adoption of such laws, rules, and regulations as it may deem necessary for the administration and protection of the City Library.

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12 (3) Perform such other duties relating to the library services as the Council may require by ordinance or resolution.
c. MUSEUM BOARD. There shall be a Museum Board consisting of five members and shall have the following powers and duties:
(1) Act in an advisory capacity to the Council and City Manager in all matters pertaining to the operation of a public museum.
(2) Recommend to the City Council the adoption of such laws, rules, and regulations as it may deem necessary for the administration and protection of the City Museum. (3) Perform such other duties relating to the museum service as the Council may require by ordinance or resolution.
d. RECREATION BOARD. There shall be a Recreation Board consisting of five members and shall have the following powers and duties:
(1) Act in an advisory capacity to the Council and City Manager in all matters pertaining to the operation of a City recreation program.
(2) Recommend to the City Council the adoption of such laws, rules and regulations as it may deem necessary for the administration and operation of a City recreation program. (3) Promote and stimulate public interest in a recreation program and solicit to the fullest extent possible the cooperation of school authorities and other public and private agencies interested therein.
(4) Perform such other duties relating to the recreation program as the Council may require by ordinance or resolution.

Section 9. That Article 40 of the City Charter be amended to read as follows:

Article 40 Contracts on Public Works; Materials and Supplies (a) In the erection, improvement and repair of all public buildings and works, in all street and sewer work, and in furnishing supplies or materials for same when the expenditure required for the same shall exceed the sum of Fifteen Thousand Dollars ($15,000.00), the same shall be done by contract and shall be let to the lowest responsible bidder, after notice by publication in the official newspaper, and security for the due execution and performance of any such contract may be required of the successful bidder. The Council may provide by ordinance for the detailed procedure for carrying out this Article.

Provided, that the Council may reject any and all bids presented and may re-advertise in their discretion, and provided further, that after rejecting bids the Council may declare and determine by an affirmative vote of five four of its members that in its opinion the work in question may be more economically or satisfactorily performed by day labor, by either city employees or others, PGCC 7-3-24

13 and after adoption of a resolution to this effect, it may proceed to have the same done in the manner stated without further observance of the foregoing provisions of this Article.

Provided, further, that such contracts likewise may be let without advertising for bids if such work shall be deemed by the Council to be of urgent necessity for the preservation of life, health or property, and shall be authorized by resolution passed by an affirmative vote of five four Council members and containing a declaration of facts constituting such urgency. (b) The Council by ordinance shall adopt policies and procedures, including appropriate bidding regulations, governing purchases of or contracts for supplies, materials and equipment.

Purchases of supplies, materials and equipment shall be made only in accordance with the adopted policies and procedures.

PART 2: BALLOT DESCRIPTION
As provided in Government Code section 34458.5, the following ballot description is in this proposed Charter Amendment measure:

CHARTER AMENDMENT
The proposed Charter Amendment measure would amend Pacific Grove City Charter Articles 6, 11, 12, 13, 15, 19, 24, 26, and 40. The amendment would change the number of elected City Council members from six to four by directing (1) in 2026 two Council members shall be elected to four-year terms, and one Council member shall be elected to a single two-year term, and (2) every two years thereafter beginning in 2028 two Council members shall be elected to four- year terms; Consistent Charter changes shall clarify a quorum, majority vote and other select actions, which shall become effective when the number of Councilmembers is reduced to four (4) after the November 2028 election is certified.

Charter Article 6 would be revised to provide the reduction of the number of Councilmembers from six (6) to four (4).

Charter Article 11 would be revised to provide that in the event a vacancy occurs in the office of the Mayor, the remaining Council Members shall appoint, by three (3) affirmative votes, one of their number to serve as Mayor for the remaining term of the vacated office of Mayor, instead of four (4) votes.

Charter Article 12 would be revised to provide that two (2) Councilmembers shall be elected at each general municipal election rather than three (3).

Charter Article 13 would be revised to provide that the City Council may cancel one of its monthly meetings, by four (4) affirmative votes instead of five (5).

Charter Article 15 would be revised to provide that the affirmative vote of three (3) members of the Council shall be necessary to adopt any ordinances, resolutions or claims against the City instead of four (4).

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14 Charter Article 19 would be revised to provide that the appointment of the City Manager shall require the affirmative vote of four fifths of the Council instead of five sevenths and to require the City Manager to attend all meetings of the Council unless excused by two (2) members instead of three (3), or by the Mayor.

Charter Article 24 would be revised to provide that the City Attorney must attend all meetings of the Council unless excused by two (2) members instead of three (3), or by the Mayor.

Charter Article 26 would be revised to provide that the appointment of persons serving on City Commissions and Boards shall be made by the Mayor subject to the confirmation by affirmative vote of three (3) members of the Council instead of four (4). Also the Council, by an affirmative vote of three (3) of its members, may remove any member of any commission, instead of four (4).

Charter Article 40 would be revised to provide that the Council after rejecting all bids may declare and determine by an affirmative vote of four (4) of its members instead of five (5) that in its opinion the work in question may be more economically or satisfactorily performed by day labor, by either city employees or others, and after adoption of a resolution, it may proceed to have the proposed work done without further observance of the foregoing provisions of Article

40. Article 40 would also be revised to allow the Council to approve a contract without advertising for bids with a finding of urgent necessity for the preservation of life, health or property, with an affirmative vote of four (4) Council members instead of five (5).

PART 3: IMPLEMENTATION
In the event this Charter Amendment measure is approved:

A. Exclusively for the election to be held in November 2026, two councilmembers shall be elected and hold office for a term of four years and one additional councilmember shall be elected and hold office for a term of two years, resulting in a four (4) member City Council and Mayor (5 member) local legislative body after the November 2028 election is certified
B. To further effectuate the purposes of this Charter Amendment measure and the direction of the voters, the City Council shall amend the following sections of the Pacific Grove Municipal Code - Sections 2.04.070 (c)(5), 3.02.030 and 3.04.030, and such other sections as needed, to modify the number of required council votes for actions referenced in those provisions as may be consistent with this measure.

C. This Charter Amendment measure shall be submitted to the Secretary of State pursuant to Government Code sections 34459 through 34461, inclusive.

PART 4: EFFECTIVE DATES
Section 3(a) of Article XI of the California Constitution provides:

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15 For its own government, a county or city may adopt a charter by majority vote of its electors voting on the question. The charter is effective when filed with the Secretary of State. A charter may be amended, revised, or repealed in the same manner. A charter, amendment, revision, or repeal thereof shall be published in the official state statutes. County charters adopted pursuant to this section shall supersede any existing charter and all laws inconsistent therewith. The provisions of a charter are the law of the State and have the force and effect of legislative enactments.

This Charter Amendment measure shall become effective in the manner allowed by law.

Each Charter Article amendment, provided herein, shall become effective and implemented in conjunction with the following election dates:

1. Amendment of Charter Article 6 - November 7, 2028.

2. Amendment of Charter Article 11 - November 3, 2026.

3. Amendment of Charter Article 12 - November 7, 2028.

4. Amendment of Charter Article 13 - November 7, 2028.

5. Amendment of Charter Article 15 - November 7, 2028.

6. Amendment of Charter Article 19 - November 7, 2028.

7. Amendment of Charter Article 24 - November 7, 2028.

8. Amendment of Charter Article 26 - November 7, 2028.

9. Amendment of Charter Article 40 - November 7, 2028.

PART 5: SEVERABILITY
It is the intent of the people that the provisions of the Charter Amendment measure are severable and that if any section, subsection, sentence, clause, or phrase of this charter amendment is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Charter Amendment measure. The people of the City of Pacific Grove hereby declare that they would have passed this Charter Amendment measure and each section, subsection, sentence, clause, and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be declared invalid.

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INVOICE TO:

Invoice Number: 231111
300 Forest Avenue Pacific Grove CA 93950 Invoice Date: 3/15/2023 [email protected] Payment Due: 4/19/2023 TOTAL AMOUNT DUE $ 63,595.28
Registered Voters for this election 10,488
Cost Per Registered Voter $ 6.06
Please make remittance payable to MONTEREY COUNTY ELECTIONS Please attach one copy of this invoice with payment
Transport $ 219.75
Notices $ 151.94
Office $ 827.06
Ballot Printing and Mailing $ 6,737.94
Voting Equipment $ 2,462.96
Indirect Cost $ 4,228.31
County Employees $ 6,046.22
Temporary Staff $ 5,954.00
Voter Information Guide $ 36,967.10
Fax: (831) 755-5485
City of Pacific Grove
Description of Charges for November 8, 2022 Amount
Phone: (831) 796-1499
11 MONTEREY COUNTY

ELECTIONS DEPARTMENT
PO BOX 4400
SALINAS, CA 93912
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Agenda No. 11 C

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Matt Mogensen, City Manager
MEETING DATE: July 03, 2024
SUBJECT: Resolution of the City Council of the City of Pacific Grove submitting a ballot measure to voters amending Chapter 23.45 of the Pacific Grove Municipal code to add a definition of timeshare project and prohibit advertising and sale thereof and other changes
CEQA: Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378

RECOMMENDATION
Motion to adopt a Resolution of the City Council of the City of Pacific Grove submitting a ballot measure to voters amending Chapter 23.45 of the Pacific Grove Municipal code to add a definition of timeshare project and prohibit advertising and sale thereof and other changes (Attachment 1).

1. Motion finding that Resolution and Proposed Ordinance are not subject to the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because the enactment of this Proposed Ordinance:
(1) does not constitute a “project” as defined by CEQA pursuant to Sections 15060(c)(3) and 15378; (2) will not result in a direct or reasonably foreseeable indirect physical change in the environment pursuant to Section 15060(c)(2); (3) is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment pursuant to 15061(b)(3); and (4) involves regulatory actions to assure protection of the environment pursuant to Section 15308.

2. 3. Other action related to this item.

DISCUSSION
On November 2, 1982, the voters adopted Measure B Enacting Regulations For Multiple Unit Developments Involving Condominiums, Planned Unit Developments and Time-Shares and prohibited timeshare projects.

On November 17, 1982, the City Council adopted Ordinance No. 1315 N.S. which codified Measure B in Chapter 23.45 of the City Municipal Code.

Section 23.45.020 of the City of Pacific Grove Municipal Code provides that timeshare projects shall not be permitted in the City of Pacific Grove ("City").

Section 23.45.030 states that one of the intentions of Chapter 23.45 in prohibiting timeshares is to avoid PGCC 7-3-24

Section 23.45.030 states that one of the intentions of Chapter 23.45 in prohibiting timeshares is to avoid conversion and loss of the City’s residential stock and character.

Chapter 23.45 of the City Municipal Code does not include a definition of the term timeshare project.

The City Charter in Article 5.5 provides that the City shall be guided by the determination of the people that Pacific Grove is primarily a city of homes and that business and industry shall be compatible with its residential character.

The Housing Element of the City's General Plan specifically recognizes that the City seeks to protect the stability of residential neighborhood in Goal 1: Support the maintenance and rehabilitation of the city’s existing housing stock and residential neighborhoods.

The Local Coastal Program consists of the City’s Land Use Plans, zoning ordinance, zoning district maps and other ordinances and implementing actions.

On April 17, 2024, the City Council gave direction to the City Manager to return to the City Council with documents to place a measure on the November 5, 2024 ballot asking the voters to amend Chapter

23.45 of the Municipal Code provide a definition for “timeshare” or “timeshare project,” including those fractional interest uses marketed, sold, and managed as timeshares, and allow the City Council to make any future amendments to the definition via Council Ordinance.

On June 13, 2024, the City Planning Commission reviewed the proposed Ordinance and adopted Resolution 2024-003 and determined the proposed Ordinance is consistent with the City's General Plan, Local Coastal Program and all other relevant City and State codes and regulations.

The proposed amendments to the City Municipal Code set forth in the Ordinance are in full conformity with the City's Local Coastal Program and the California Coastal Act (Public Resources Code Section 30510 et seq.).

California Environmental Quality Act (CEQA)
The Proposed Resolution and Ordinance are not subject to the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because the approval of this Resolution and enactment of this Proposed Ordinance:
(1) Does not constitute a “project” as defined by CEQA pursuant to Sections 15060(c)(3) and 15378.

The proposed Ordinance is not a project because it will not result in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. Timeshare projects are already prohibited by City Municipal Code Section 23.45.020 and the Proposed Ordinance provides clarity to the City Municipal Code by providing a definition of a timeshare project. (2) Will not result in a direct or reasonably foreseeable indirect physical change in the environment pursuant to Section 15060(c)(2). The Proposed Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment because timeshare projects are already prohibited by City Municipal Code Section 23.45.020 and the Proposed Ordinance provides clarity to the City Municipal Code by providing a definition of a timeshare project. (3) Is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment pursuant to 15061(b)(3). The Proposed Ordinance does not have the potential for causing a significant effect on the environment because timeshare projects are already prohibited by City Municipal Code Section 23.45.020 and the Proposed Ordinance provides PGCC 7-3-24

clarity to the City Municipal Code by providing a definition of a timeshare project. (4) Involves regulatory actions to assure protection of the environment pursuant to Section 15308. The Proposed Ordinance will assure projection of the environment because timeshare projects are already prohibited by City Municipal Code Section 23.45.020 and the Proposed Ordinance provides clarity to the City Municipal Code by providing a definition of a timeshare projects. In addition, the Proposed Ordinance will serve the intention of Measure B (codified in Municipal Code Section 23.45.030) which is to prohibit timeshares in order to avoid conversion of the City’s residential stock and character.

Conversion of a home into a timeshare will result in a more intensive use of the home similar to a visitor serving land use with resulting impacts including transportation, noise and other impacts.

Therefore, the adoption of this Proposed Ordinance is exempt from CEQA and no further environmental review is necessary.

OPTIONS
Take other action related to this item.

FINANCIAL IMPACT:

The County of Monterey charges the City for costs of the General Election. The County Elections Department estimates those costs for the November 5, 2024 election based on the number of registered voters at $10 per person to be $102,240. Historically, after the County breaks out the costs to all cities, districts, county, the actual cost for the election has been lower than the estimate. The added cost due to including this ballot measure cannot be estimated. The invoice from the County to the City for the November 8, 2022 Election (Attachment 2) in the amount of $63,595.28 does not include a breakdown of the cost for the ballot measure at that election.

FOCUSED PRIORITY AREA: Not Applicable.

Attachments

1. Resolution Submitted to Voters re Timeshares

2. County Invoice to Pacific Grove or Cost for November 2022 General Election PGCC 7-3-24

RESOLUTION NO. 24-XXX

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFIC

GROVE SUBMITTING A BALLOT MEASURE TO VOTERS AMENDING
CHAPTER 23.45 OF THE PACIFIC GROVE MUNICIPAL CODE TO ADD

A DEFINITION OF TIMESHARE PROJECT AND PROHIBIT

ADVERTISING AND SALE THEREOF AND OTHER CHANGES TO
VOTE OF CITY’S ELECTORS AND REQUESTING THE MONTEREY

COUNTY ELECTIONS DEPARTMENT TO CONDUCT THE ELECTION

AND CONSOLIDATE IT WITH THE STATEWIDE ELECTION TO BE
HELD ON NOVEMBER 5, 2024
WHEREAS, timeshare projects involve the division of the exclusive rights to use, possess, and occupy any real property between multiple persons, pursuant to a fixed or floating time schedule; and
WHEREAS, on March 18, 1981, the City Council of the City of Pacific Grove (“City”) adopted Ordinance No. 1250 N.S. which added Section 23.64.025 to the City Municipal Code and included for a definition of a timeshare project a reference to California Business and Professions Code Section 11003.5 and restricted timeshare projects to the C, I, V. C. and R-3-M Districts; and WHEREAS, on November 2, 1982, the voters adopted Measure B Enacting Regulations For Multiple Unit Developments Involving Condominiums, Planned Unit Developments and Time-Shares and which prohibited timeshare projects; and WHEREAS, on November 17, 1982, the City Council adopted Ordinance No. 1315 N.S. which codified Measure B in Chapter 23.45 of the City Municipal Code; and WHEREAS, Chapter 23.45 of the City Municipal Code does not include a definition of the term timeshare; and
WHEREAS, on June 4, 1997, the City Council adopted Ordinance No. 97-22 which rescinded Section 23.64.025 due to a conflict with Section 23.45.020 (adopted by Measure B) which prohibits timeshare projects; and
WHEREAS, in 2004, Business and Professions Code Section 11003.5 was repealed by the California State Legislature; and
WHEREAS, the Pacific Grove City Charter, in Article 5.5, the Pacific Grove General Plan, and the Pacific Grove Municipal Code recognize that Pacific Grove is “primarily a city of homes” and that “business and industry shall be compatible with its residential character”; and WHEREAS, the Pacific Grove Municipal Code, in Section 23.45.030, includes the stated intention for prohibiting timeshares, as adopted by the voters at the November 2, 1982, election:
“It is also the intention of this chapter in prohibiting timeshares to avoid the conversion and loss of the city’s residential stock and character”; and
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WHEREAS, the current Housing Element of the City's General Plan specifically recognizes that the City seeks to protect the stability of residential neighborhoods: Goal 1 - Support the maintenance and rehabilitation of the city’s existing housing stock and residential neighborhoods; and
WHEREAS, the Land Use Element of the City’s General Plan was amended by the voters at the November 6, 2018, election to include the following policy: Policy 1.5 - Protect Pacific Grove’s residential character by prohibiting the short-term (less than 30 consecutive calendar days) rental of residential property in residential zoning districts, except to the extent such use is allowed in the Coastal Zone under the Local Coastal Program. The Pacific Grove Municipal Code shall be consistent with this Policy; and
WHEREAS, recent increases in the development and sale of fractional interest ownerships have made it appropriate to revisit the City Municipal Code to confirm that fractional interest ownerships are prohibited timeshares and to also expressly prohibit the advertising and sale of prohibited timeshare projects and fractional interest uses; and WHEREAS, the City Planning Commission reviewed this proposed Ordinance, and on June 13, 2024, determined the proposed Ordinance is consistent with the City's General Plan, Local Coastal Program, and all other relevant City and State codes and regulations, and having reviewed the Planning Commission's recommendations and the relevant provisions of the General Plan, the City Council has found that the proposed Ordinance is consistent with the City's General Plan and the Local Coastal Program; and
WHEREAS, the proposed amendments to the City Municipal Code are in full conformity with the City's Local Coastal Program and the California Coastal Act (Public Resources Code Section 30510 et seq.); and
WHEREAS, The City Council exercises its independent judgment and finds that the Proposed Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because the enactment of this Proposed Ordinance: (1) does not constitute a “project” as defined by CEQA pursuant to Sections 15060(c)(3) and 15378; (2) will not result in a direct or reasonably foreseeable indirect physical change in the environment pursuant to Section 15060(c)(2); (3) is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment pursuant to 15061(b)(3); and (4) involves regulatory actions to assure protection of the environment pursuant to Section 15308; WHEREAS, pursuant to Elections Code Section 10002, the governing body of any city or district may by resolution request the Board of Supervisors of the county to permit the county elections official to render specified services to the city or district relating to the conduct of an election. The city or district shall reimburse the county in full for the services performed upon presentation of a bill to the city or district; and
WHEREAS, pursuant to Elections Code Section 10400, whenever two or more elections, including bond elections, of any legislative or congressional district, public district, city, county, or other political subdivision are called to be held on the same day, in the same territory, or in PGCC 7-3-24

territory that is in part the same, they may be consolidated upon the order of the governing body or bodies or officer or officers calling the elections; and WHEREAS, pursuant to Elections Code Section 10403, whenever an election called by a district, city or other political subdivision for the submission of any question, proposition, or office to be filled is to be consolidated with a statewide election, and the question, proposition, or office to be filled is to appear upon the same ballot as that provided for that statewide election, the district, city or other political subdivision shall, at least 88 days prior to the date of the election, file with the board of supervisors, and a copy with the elections official, a resolution of its governing board requesting the consolidation, and setting forth the exact form of any question, proposition, or office to be voted upon at the election, as it is to appear on the ballot. Upon such request, the Board of Supervisors may order consolidation. The resolution requesting the consolidation shall be adopted and filed at the same time as the adoption of the ordinance, resolution, or order calling the election; WHEREAS, the City Council desires to submit the proposed Ordinance to the voters of the City at a General Municipal Election to be held on Tuesday, November 5, 2024, and to be consolidated with the general municipal election and the statewide election to be held on that date.

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE:

Section 1. Recitals. The City Council hereby finds and determines that the foregoing recitals are true and correct and are hereby fully incorporated by this reference.

Section 2. Election. The City Council of the City of Pacific Grove hereby orders the proposed Ordinance be submitted to the voters at the General Municipal Election to be held on Tuesday, November 5, 2024 and requests the Monterey County Elections Department to conduct the election and consolidate it with the statewide election to be held on November 5, 2024 and submit to the electorate the following question:

Measure " " Ordinance Amending Chapter 23.45 of Pacific Grove Municipal Code — Adding Definition of Timeshare Project and Prohibiting Advertising and Sale Thereof And Other Related Changes
Shall Chapter 23.45 of the Pacific Grove Municipal Code be amended, in the form included in the voter information guide, to add a definition of timeshare project that will henceforth be associated with the City’s longstanding prohibition of timeshare projects; prohibit advertising and sale of any prohibited timeshare project; and other related changes?
YES
NO
Section 3. Proposed Ordinance. The text of the proposed Ordinance to be submitted to the voters is attached to this Resolution as Exhibit A and incorporated by reference. The full text of the proposed Ordinance shall be printed in the Sample Ballot and Voters Pamphlet and shall be made available to the public and to any voter at the County Elections Department and the Pacific Grove City Clerk.

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Section 4. Publication of Measure. The City Clerk is directed to publish a synopsis of the measure at least one time not later than one week before the election.

Section 5. Approval. The vote requirement for this measure to pass shall be a majority of those casting ballots on the measure (50% plus 1).

Section 6. Filing with County. The City Clerk shall file a certified copy of this Resolution with the County Elections Department.

Section 7. Analysis and Argument. Pursuant to Elections Code Section 9280, the City Attorney shall prepare an impartial analysis of the measure that shall not exceed 500 words no later than 12:00 p.m. on August 15, 2024. Pursuant to Elections Code Section 9282, the City Council authorizes the Mayor to author and submit the primary argument and pursuant to Elections Code Section 9285(a), authorizes the Mayor to submit a rebuttal argument in favor of the ballot measure. Pursuant to Elections Code Section 9287, if more than one argument is submitted against the measure, the City Clerk shall select the argument to be included with the ballot materials. An argument for or against the measure shall not exceed 300 words in length. The last day to submit arguments for or against the proposed measure shall be August 15, 2024. Submittals are to be delivered to the City Clerk no later than 12:00 p.m. Rebuttal arguments (250 words) shall be permitted pursuant to applicable law. The last day to submit rebuttal arguments to the City Clerk shall be August 22, 2024. Submittals are to be delivered to the City Clerk no later than 12:00 p.m.

Section 8. Implementation. The City Clerk and City Manager are authorized to take all actions as necessary to effectuate the purposes of this resolution and the election. The City Manager is authorized to execute all documents and to perform all other necessary City acts to enter into a service agreement for the provision of election services with Monterey County Registrar of Voters. The City Clerk and City Attorney are authorized to make any typographical, clerical, and non-substantive corrections to this resolution as may be deemed necessary by the Monterey Elections Department.

Section 9. Declaration. The City Council shall meet to declare the results of the election called for by this Resolution at their regular meeting following certification of election results.

Section 10. Effective Date. This Resolution shall take immediate effect upon its adoption by the City Council and the City Clerk shall certify the vote adopting the resolution.

Section 11. Environmental Compliance. The City Council finds the adoption of this Resolution is not subject to the California Environmental Quality Act ("CEQA") , because the enactment of this Resolution and the Proposed Ordinance: (1) does not constitute a “project” as defined by CEQA pursuant to Sections 15060(c)(3) and 15378; (2) will not result in a direct or reasonably foreseeable indirect physical change in the environment pursuant to Section 15060(c)(2); (3) is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment pursuant to 15061(b)(3); and (4) involves regulatory actions to assure protection of the environment pursuant to Section 15308.

Section 12. Election Called and Consolidated. The City Council of the City of Pacific Grove hereby orders an election be called and consolidated with any and all elections also called to be held on November 5, 2024 within the same territory.

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Section 13. All Necessary Services. The City Council of the City of Pacific Grove hereby orders that pursuant to Elections Code Section 10002 said governing body hereby requests the Board of Supervisors of the County of Monterey to permit the Monterey County Elections Department to provide any and all services necessary for conducting an election and agrees to pay for said services in full.

Section 14. Printing of Measure. The City Council of the City of Pacific Grove hereby requests that the Monterey County Elections Department print the attached full measure text Exhibit A exactly as filed or indicated on the filed document in the voter information guide for the November 5, 2024 election.

PASSED AND ADOPTED by the Council of the City of Pacific Grove on this 3rd day of July, 2024, by the following vote:

AYES:

NOES:

ABSENT:

APPROVED

BILL PEAKE, Major
ATTEST:

DATED:

SANDRA KANDELL, City Clerk
APPROVED AS TO FORM:

BRIAN A. PIERIK, City Attorney
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EXHIBIT A
ORDINANCE NO. ________

ORDINANCE TO BE SUBMITTED TO VOTERS OF THE CITY OF PACIFIC GROVE AMENDING CHAPTER 23.45 OF THE PACIFIC GROVE MUNICIPAL CODE TO ADD

A DEFINITION OF TIMESHARE PROJECT AND PROHIBIT ADVERTISING AND

SALE THEREOF AND OTHER CHANGES IN A MANNER FULLY IN CONFORMITY WITH THE COASTAL ACT (PUBLIC RESOURCES CODE SECTION 30510 ET SEQ.)

FINDINGS
The People of the City of Pacific Grove hereby find:

1. Timeshare projects involve the division of the exclusive rights to use, possess, and occupy any real property between multiple persons, pursuant to a fixed or floating time schedule.

2. On March 18, 1981, the City Council of the City of Pacific Grove (“City”) adopted Ordinance No. 1250 N.S. which added Section 23.64.025 to the City Municipal Code and included for a definition of a timeshare project a reference to California Business and Professions Code Section 11003.5 and restricted timeshare projects to the C, I, V. C. and R-3-M Districts. All references to Sections in this Ordinance shall be to Sections of the City Municipal Code unless otherwise stated.

3. On November 2, 1982, the voters adopted Measure B Enacting Regulations For Multiple Unit Developments Involving Condominiums, Planned Unit Developments and TimeShares and prohibited timeshare projects.

4. On November 17, 1982, the City Council adopted Ordinance No. 1315 N.S. which codified Measure B in Chapter 23.45 of the City Municipal Code.

5. Section 23.45.020 provides that timeshare projects shall not be permitted in the City.

6. Section 23.45.030 states that one of the intentions of Chapter 23.45 in prohibiting timeshares is to “avoid the conversion and loss of the city’s residential stock and character.”

7. On June 4, 1997, the City Council adopted Ordinance No. 97-22 which rescinded Section 23.64.025 due to a conflict with Section 23.45.020 (adopted by Measure B) which prohibits timeshare projects.

8. In 2004, Business and Professions Code Section 11003.5 was repealed by the California State Legislature.

9. Chapter 23.45 of the City Municipal Code does not include a definition of the term timeshare project.

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10. The City Charter in Article 5.5 provides that the City “shall be guided by the determination of the people that Pacific Grove is primarily a city of homes and that business and industry shall be compatible with its residential character.”

11. The Housing Element of the City's General Plan specifically recognizes that the City seeks to protect the stability of residential neighborhood in Goal 1: Support the maintenance and rehabilitation of the city’s existing housing stock and residential neighborhoods.

12. On March 11, 2020, the California Coastal Commission certified the City’s Land Use Plan and Implementing Ordinances.

13. The Local Coastal Program consists of the City’s Land Use Plans, zoning ordinance, zoning district maps and other ordinances and implementing actions.

13. City Municipal Code Chapter 23.90 is the City’s Local Coastal Program Implementation Plan.

15. On June 13, 2024, the City Planning Commission has reviewed this Ordinance and determined this Ordinance is consistent with the City's General Plan, Local Coastal Plan, and all other relevant City and State codes and regulations, and having reviewed the Planning Commission's recommendations and the relevant provisions of the General Plan, the City Council has found that this Ordinance is consistent with the City's General Plan; and

16. Recent increases in the development and sale of fractional interest ownerships have made it appropriate to revisit the City Municipal Code to confirm that fractional interest ownerships are prohibited timeshares and to also expressly prohibit the advertising and sale of prohibited timeshare projects and fractional interest uses.

17. On June 20, 2024, notice of the public hearing before the City Council was published in compliance with State law (California Government Code 65091), indicating the date and time of the public hearing on this Ordinance.

18. On July 3, 2024 the City Council opened the public hearing to receive public testimony regarding this Ordinance, including without limitation, information provided by City staff and public testimony.

19. The amendments proposed by this Ordinance to the City Municipal Code are in full conformity with the City's Local Coastal Program and the California Coastal Act (Public Resources Code Section 30510 et seq.).

20. This Ordinance is necessary for the protection of the health, safety and welfare of the residents of the City.

NOW, THEREFORE, THE PEOPLE OF THE CITY OF PACIFIC GROVE DO ORDAIN AS FOLLOWS:

SECTION 1. Findings. The foregoing Findings are true and correct and are hereby incorporated by this reference as though set forth in full.

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SECTION 2. CEQA Determinations. The City Council exercises its independent judgment and finds that this Resolution and the Proposed Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Division 6, Chapter 3, because the enactment of this Proposed Ordinance: (1) does not constitute a “project” as defined by CEQA pursuant to Sections 15060(c)(3) and 15378; (2) will not result in a direct or reasonably foreseeable indirect physical change in the environment pursuant to Section 15060(c)(2); (3) is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment pursuant to 15061(b)(3); and (4) involves regulatory actions to assure protection of the environment pursuant to Section 15308
SECTION 3. Amendment to Chapter 23.45 of the City Municipal Code.

Chapter 23.45 of the City Municipal Code is hereby amended to add the following:

23.45.015 Definition of Timeshare Project
(a) For purposes of Chapter 23.45 of the City Municipal Code, "Timeshare Project" means any arrangement, plan, scheme, or similar device, whether established by membership agreement, sale, lease, deed, license, right-to-use agreement, articles of organization or incorporation, operating agreement or bylaws, or by any other means, whereby a purchaser, in exchange for consideration, receives the right to exclusive use of real property or portion thereof, according to a fixed or floating time schedule, for a period of time less than a full year during any given year, on a recurring basis for more than one year, but not necessarily for consecutive years. A timeshare project shall be deemed to exist whenever such recurring rights of exclusive use to real property are created, regardless of whether such exclusive rights of use are a result of a grant of ownership rights, possessory rights, membership rights, rights pursuant to contract, or ownership of a fractional interest or share in real property, and regardless of whether they are coupled with ownership of a real property interest such as freehold interest or an estate for years in the property.
(b) The definition of Timeshare Project set forth herein shall take precedence over the definition of a timeshare or timeshare project, by whatever name, if any, elsewhere in State law or the City Municipal Code.
(c) The definition of Timeshare Project set forth herein may be changed in the future by an ordinance adopted by the City Council without voter approval only to the extent that those changes would not lessen or eliminate the prohibition of timeshare projects.

23.45.025 Advertising of Timeshare Projects Prohibited
(a) Any responsible person, including but not limited to an owner of a timeshare project, management entity, agent, or broker who uses, or allows the use of, or advertises or causes to be printed, published, advertised, or disseminated in any way and through any medium, the availability for sale or use of real property in violation of Section

23.45.020 is guilty of a misdemeanor for each day in which such accommodation is PGCC 7-3-24

used, allowed to be used, or advertised for sale or use in violation of Section 23.45.020.

Such violation shall be punishable pursuant to the City Municipal Code. (b)Any responsible person, including but not limited to an owner of a timeshare project, management entity, agent, or broker who uses, or allows the use of, or advertises or causes to be printed, published, advertised, or disseminated in any way and through any medium, the availability for sale or use of real property in violation of Section

23.45.020 is subject to administrative fines and/or penalties as set forth in the City Municipal Code.
(c) Each day a violation of this section occurs shall constitute a separate offense, and the remedies under this section are cumulative and in addition to any and all other remedies available at law and equity.
(d) The prohibition of advertising timeshare projects set forth herein shall not apply to any lawful timeshare project established prior to the codification of Measure B in Chapter 23.45 of the City Municipal Code.
(e) The prohibition of advertising timeshare projects set forth herein may be changed in the future by an ordinance adopted by the City Council without voter approval only to the extent that those changes would not lessen or eliminate this prohibition.

23.45.035 Assisting with Timeshare Projects Prohibited
(a) No person or entity shall assist any other person or entity in the marketing, creation, use, sale or purchase of a timeshare project.
(b) Each day a violation of this section occurs shall constitute a separate offense, and the remedies under this section are cumulative and in addition to any and all other remedies available at law and equity.
(c) The prohibition of assisting with timeshare projects set forth herein shall not apply to any lawful timeshare project established prior to the codification of Measure B in Chapter 23.45 of the City Municipal Code.
(d) The prohibition of assisting with timeshare projects set forth herein may be changed in the future by an ordinance adopted by the City Council without voter approval only to the extent that those changes would not lessen or eliminate this prohibition.

23.45.050 Severability.

Section 23.45.050 Severability is hereby amended to read as follows:

Severability and Interpretation. Chapter 23.45, including all amendments thereto shall be broadly construed in order to achieve its purpose and shall be interpreted so as to be consistent with all applicable Federal and State laws, rules, and regulations. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, part, or portion of Chapter 23.45 is held to be invalid or unconstitutional by a final judgment of a court PGCC 7-3-24

of competent jurisdiction, such decision shall not affect the validity of the remaining portions of Chapter 23.45. The voters hereby declare that Chapter 23.45, and each section, subsection, paragraph, subparagraph, sentence, clause, phrase, part, or portion thereof would have been adopted or passed even if one or more sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, parts, or portions were declared invalid or unconstitutional. If any provision of Chapter 23.45 is held invalid as applied to any person or circumstance, such invalidity shall not affect any application of Chapter 23.45 that can be given effect without the invalid application.

SECTION 4. Severability and Interpretation. This Ordinance shall be broadly construed in order to achieve its purpose. This Ordinance shall be interpreted so as to be consistent with all applicable Federal and State laws, rules, and regulations. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, part, or portion of this Ordinance is held to be invalid or unconstitutional by a final judgment of a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The voters hereby declare that this Ordinance, and each section, subsection, paragraph, subparagraph, sentence, clause, phrase, part, or portion thereof would have been adopted or passed even if one or more sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, parts, or portions were declared invalid or unconstitutional. If any provision of this Ordinance is held invalid as applied to any person or circumstance, such invalidity shall not affect any application of this Ordinance that can be given effect without the invalid application.

SECTION 5. Publication. The City Clerk shall publish and/or post this Ordinance in the manner required by law.

SECTION 6. Effective Date. This Ordinance shall become effective pursuant to applicable law.

SECTION 7. Amendment or Repeal. Except as otherwise provided in this Ordinance, this Ordinance may be amended or repealed only by the voters of the City of Pacific Grove.

PASSED AND ADOPTED BY THE PEOPLE OF THE CITY OF PACIFIC GROVE this 5th day of November, 2024.

APPROVED:
_______________________________
Bill Peake, Mayor
ATTEST:

DATE: _________________
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_________________________
Sandra Kandell, City Clerk
APPROVED AS TO FORM:
___________________________
Brian A. Pierik, City Attorney
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INVOICE TO:

Invoice Number: 231111
300 Forest Avenue Pacific Grove CA 93950 Invoice Date: 3/15/2023 [email protected] Payment Due: 4/19/2023 TOTAL AMOUNT DUE $ 63,595.28
Registered Voters for this election 10,488
Cost Per Registered Voter $ 6.06
Please make remittance payable to MONTEREY COUNTY ELECTIONS Please attach one copy of this invoice with payment
Transport $ 219.75
Notices $ 151.94
Office $ 827.06
Ballot Printing and Mailing $ 6,737.94
Voting Equipment $ 2,462.96
Indirect Cost $ 4,228.31
County Employees $ 6,046.22
Temporary Staff $ 5,954.00
Voter Information Guide $ 36,967.10
Fax: (831) 755-5485
City of Pacific Grove
Description of Charges for November 8, 2022 Amount
Phone: (831) 796-1499
11 MONTEREY COUNTY

ELECTIONS DEPARTMENT
PO BOX 4400
SALINAS, CA 93912
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Agenda No. 11 D

CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Matt Mogensen, City Manager
MEETING DATE: July 03, 2024
SUBJECT: Lovers Point Grill Lease Agreement
CEQA: Categorical Exemption, CEQA Guidelines Section 15301, Class I, Existing Facilities

RECOMMENDATION

1. Request the City Attorney to read the title of the ordinance; Motion to waive further reading and introduce an Ordinance of the City Council of the Pacific Grove approving a five-year lease between Sunset Hospitality Group, Inc., a California corporation, and the City of Pacific Grove for the use of City owned property including approximately 270 square feet of building space located at Lover’s Point Park and Beach in the City of Pacific Grove, and authorizing and directing the City Manager to execute the same

2. Direct that publication of the Ordinance will be satisfied by publication of a summary approved by the City Attorney.

3. 4. Motion to approve the form of a Lease with Sunset Hospitality Group

5. Motion to approve a License Agreement with Sunset Hospitality Group Motion finding the License and Lease is exempt from the California Environmental Quality Act (CEQA) per Section 15301 of the CEQA Guidelines which allows for the leasing, licensing, repair, and maintenance of public or private structures.

6. DISCUSSION
The City of Pacific Grove (“City”) owns that certain portion of real property situated at the northeast corner of the intersection of Ocean View Boulevard and 17th Street, at the southerly end of Lover’s Point Park and Beach, improved with an approximately 270 square foot building (the “Premises”), located in the City of Pacific Grove.

The Premises are improved with a restaurant, including a kitchen, configured for walk-up ordering and take-out service only.

The City operates the Premises through a lease agreement for operation of restaurant food and beverage services.

The City issued a Request for Proposal (RFP) on March 19, 2024, and the City received proposals from three entities. A panel of staff reviewed the proposals and interviewed each proposer. As a result of the selection process, the proposal submitted by Sunset Hospitality, Inc. was selected as the highest rated proposal for their unique qualifications and vision for the Premises.

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proposal for their unique qualifications and vision for the Premises.

The lease form allows Sunset Hospitality, Inc. the exclusive use of Premises for the sale of food, beverages, and related services.

The proposed Lease (Attachment 1) provides that the use will be for a snack bar including beverages, sandwiches and light fare. The term of the Lease is five (5) years with one option extension for an additional five-year term if both parties agree to the extension. The rent for the Premises will be:

Base
Rent:

The initial monthly base rent shall be $1,500 plus an annual payment equal to a proportion of annual gross sales in the following amounts:
0% for annual gross sales under $300,000
2% for annual gross sales $300,000 - $399,999
3% for annual gross sales $400,000 - $499,999
4% for annual gross sales $500,000 - $599,999
5% for annual gross sales $600,000 - $699,999
6% for annual gross sales $800,000 and above.

Tenant is separately responsible for paying for utilities and services (including electric, water and sewer).

The Lease will be approved by Ordinance (Attachment 2). The proposed timeline for the Ordinance is a first reading of the Ordinance on July 3, 2024 and a second reading on July 20, 2024 and 30 days thereafter will be August 19, 2024 which, if the Ordinance is adopted, would be the Rent Commencement Date.

In order to allow Sunset Hospitality access to the Premises before August 19, 2024 when the Lease will become effective, there is a License Agreement proposed which is Attachment 3.

The proposed menu of food and beverages to be offered by Sunset Hospitality at the Premises is Attachment 4.

The License Agreement and Lease of the Premises will not have a significant effect on the environment and is found to be exempt from the California Environmental Quality Act (CEQA) per Section 15301 of the CEQA Guidelines which allows for the leasing, licensing, repair, and maintenance of public or private structures.

OPTIONS
Other action related to this item.

FINANCIAL IMPACT:

Rent will be paid to the City by Sunset Hospitality of $1,500 a month plus an annual payment equal to a proportion of annual gross sales as specified in the Lease and as described above in this Agenda Report.

FOCUSED PRIORITY AREA: Not Applicable.

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Attachments
Lovers Point Group Menu
Ordinance of the City Council of the Pacific Grove approving a five-year lease between Sunset Hospitality Group, Inc., a California corporation, and the City of Pacific Grove for the use of City owned property
Form of Lease with Sunset Hospitality Group
License Agreement with Sunset Hospitality Group
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