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CITY COUNCIL
REGULAR MEETING AGENDA
Wednesday, August 7, 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.
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AGENDA
CALL TO ORDER
PLEDGE OF ALLEGIANCE:
Councilmember Poduri
1. APPROVAL OF AGENDA
2. PRESENTATIONS
3. COUNCIL AND STAFF ANNOUNCEMENTS (City-Related Items Only) A.
Report on Closed Session by City Attorney
B.
Other
4. GENERAL PUBLIC COMMENT
General Public Comment must deal with matters subject to the jurisdiction of the City and the Council that are not on the Regular Agenda. This is the appropriate place to comment as to items on the Consent Agenda, only if you do not wish to have the item pulled for individual consideration by the Council. Comments from the public will be limited to three minutes and will not receive Council action. Comments regarding items on the Regular Agenda shall be heard prior to Council’s consideration of such items at the time such items are called. Whenever possible, written correspondence should be submitted to the Council in advance of the meeting, to provide adequate time for its consideration.
A.
Written General Public Comment
1. Written Public Comment
Reference:
Staphany Arriola, Management Analyst (Confidential)
Recommended Action:
Receive written public comment.
CEQA:
Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
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 July 17, 2024 Regular and Special Meetings Reference:
Sandra Kandell, City Clerk
Recommended Action:
Approve minutes.
CEQA:
Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
6. RESOLUTIONS
Items pulled from this section will be placed under 12. Unfinished and Ongoing Business or 13. New Business
7. ORDINANCES
Items pulled from this section will be placed under 11. Public Hearings A.
Ordinance Approving Lease at Lover's Point Grill
Reference:
Matt Mogensen, City Manager
Recommended Action:
Hold second reading of an Ordinance of the City Council of 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.
CEQA:
Categorical Exemption, CEQA Guidelines Section 15301, Class I, Existing Facilities
8. REPORTS – INFORMATION ONLY
Items pulled from this section will be placed under 12. Unfinished and Ongoing Business or 13. New Business A.
Housing Element Monthly Status Update
Reference:
Alyssa Kroeger, Housing Program Manager
Recommended Action:
Receive the report.
Alternatively, discuss and take other action related to this item.
CEQA:
Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
9. REPORTS – REQUIRING ACTION
Items pulled from this section will be placed under 12. Unfinished and Ongoing Business or 13. New Business A.
Amendment to the Fire Services Agreement with the City of Monterey to add Emergency Medical Services Including Advance Life Support Services Reference:
Andrew Miller Fire Chief
Recommended Action:
Adopt a resolution amending the current Fire Services Agreement with the City of Monterey to add Emergency Medical Services (EMS) to include Advanced Life Support (ALS) services.
CEQA:
Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378 B.
Agreement with the Society for the Prevention of Cruelty to Animals of Monterey County for Sheltering Services Reference:
Brian Anderson, Acting Chief of Police
Recommended Action:
City Council approval of motion authorizing the Mayor to sign an agreement with the Society for the Prevention of Cruelty to Animals of Monterey County for Sheltering Services Agreement CEQA:
Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378 C.
Adopt Policy Update Regarding Vehicle Miles Traveled (VMT) and CEQA Compliance Reference:
Joseph Sidor, Contract Planner
Recommended Action:
Adopt, by resolution, the proposed amendments to the City's VMT Implementation Policy.
CEQA:
Categorical Exemption, CEQA Guidelines Section 15308, Class 8, Actions by Regulatory Agencies for Protection of the Environment D.
Tree Maintenance Services Agreement
Reference:
Joyce Halabi, Deputy Public Works Director
Recommended Action:
Authorize an agreement with Topes Tree Service Inc. to provide Tree Maintenance Services for trees in the public right-of-way and on City-owned properties in an amount not-to-exceed $250,000 per fiscal year, with up to four (4) annual, one-year extensions by mutual letter Authorize the Mayor to execute all letters of extension associated with this agreement Alternatively, 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 A.
Planning Commission Meeting Minutes: September 2023 through December 2023 Reference:
Aaron Campbell, Senior Planner
Recommended Action:
Receive minutes.
CEQA:
Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
REGULAR AGENDA
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.
First Reading of Ordinance Amending Section 2.06.010 (a) of the Pacific Grove Municipal Code Relating to Residency Requirement for City Manager Reference:
Brian Pierik, City Attorney
Recommended Action:
Request the City Attorney read the title of the ordinance; Motion to waive further reading of the ordinance;
Introduce and hold first reading of an Ordinance Amending Section 2.06.010 (a) of the Pacific Grove Municipal Code Relating to Residency Requirement for City Manager; and Direct 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 B.
First Reading of an Ordinance Approving an Amendment to the Lease between Lighthouse Fellowship and the City of Pacific Grove Reference:
Daniel Gho, Public Works Director/Deputy City Manager
Recommended Action:
Request the City Attorney to read the title of the ordinance; Motion to waive further reading of the ordinance;
Introduce and hold first reading of an Ordinance approving an amendment to the lease between Lighthouse Fellowship and the City of Pacific Grove for the use of City owned property located at 515 Junipero Avenue, commonly known as the Community Center, in the City of Pacific Grove, and authorizing the Mayor to execute Amendment #2 and any Letters of extension of the Lease.
Direct that publication of the Ordinance will be satisfied by publication of a summary 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.
Proposed Ordinance Amending Chapter 7.40 of the City’s Municipal Code to Increase Short-Term Rental Penalties in Accordance with SB 60 (This item was continued from Council's July 19, 2024 Regular Meeting.) Reference:
Luke Coletti, Councilmember
Recommended Action:
Direct the City Manager to return within 60 days with a draft ordinance amending Chapter 7.40 of the City’s Municipal Code to increase short-term rental penalties in accordance with SB 60; and Direct the City Manager to return with a comprehensive list of “infractions that pose a threat to public health or safety,” including those that are a violation of the building and safety code.
CEQA:
Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378 B.
Resolution Correcting Clerical Error in Resolution No. 24-028 Submitting Ballot Measure to Voters to Amend City Charter to Change the Number of Elected City Council Members from Six to Four Reference:
Brian Pierik, City Attorney
Recommended Action:
Motion to adopt Resolution Correcting Clerical Error in Resolution No. 24-028 Submitting Ballot Measure to Voters to Amend City Charter to Change the Number of Elected City Council Members from Six to Four CEQA:
Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
13. NEW BUSINESS
A.
Resolution Amending Policy 000-5 to Add Section and Regarding Recommendations by Boards, Committees, and Commissions Reference:
Bill Peake, Mayor
Recommended Action:
Motion to approve Resolution Amending Policy 000-5 to Add Section 7 Regarding Recommendations of Boards, Committees and Commissions Motion to approve Protocol for recommendations to the City Council by Boards, Committees and Commissions Other action related to this item.
CEQA:
Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378 B.
League of California Cities (LoCC) Annual Conference Voting Delegate and Alternate(s) Reference:
Sandra Kandell, City Clerk
Recommended Action:
Discuss, designate, and adopt by resolution a voting delegate and up to two alternates to represent the City on policy matters at the League of California Cities (LoCC) Annual Conference on October 16-18 in Long Beach, California.
Alternatively, discuss and take other action related to this item.
CEQA:
Does not constitute a Project per California Environmental Quality Act Guidelines Section 15378
14. FULL PRESENTATIONS
15. CLOSED SESSION
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.