CITY COUNCIL
ERRATA SHEET
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: HONORABLE MAYOR AND MEMBERS OF CITY COUNCIL
FROM: Sandra Kandell, City Clerk/DEI Coordinator
MEETING DATE: 09/18/2024
SUBJECT: City Council Meeting Agenda- Errata Sheet
Attached is additional information for your consideration at the September 18, 2024 City Council Meeting:
Agenda Item Information Provided/Corrected
11A FY24-25 Adopted Budget-Capital Projects - additional information for Council consideration. (See attached.)
11B
1) Revision to Resolution of Intent to include the public hearing date of October 16, 2024. (See redlined Resolution attached.)
2) Revision to Ordinance Section 6 to reflect Ordinance, not Resolution. (See redlined Ordinance attached.)
Attachments
11A - FY24-25 Adopted Budget-Capital Projects
11B - Redlined Resolution of Intent
11B - Redlined Ordinance
Project Source
General Fund
- 202,500 - - - -
Capital
Contribution - 67,500 - - - -
CIP 23-06 Pump Station 15.5 Sewer Fund
110,000 250,000 - - - - 360,000
CIP25-05
PG Museum of National History Flooring
Replacement
Museum
Improvement
Fund - 35,000 - - - - 35,000
CIP25-06 Museum Roof Repair (Storage Garage)
Museum
Improvement
Fund - 17,000 - - - - 17,000
CIP25-07 Point Pinos Lighthouse Electrical Panel Lighthouse Fund - 20,000 - - - - 20,000
CIP25-08 Golf Course Water Heater Golf Course
Fund
- 20,000 - - - - 20,000
CIP25-09 Library Door Repair ARPA Fund
- 22,000 - - - - 22,000
CIP25-10
Recreation Trail Improvements (Esplanade
Park)
Strong
Disbursement
Fund - 20,000 40,000 - - - 60,000
CIP25-11
Pico Ave. & Crocker Ave. Stormwater
Improvements
Strong
Disbursement
Fund - 45,000 - - - - 45,000
Golf Course
Fund - 16,500 20,000 - - -
CourseCo
Contribution - 16,500 20,000 - - -
Golf Course
Fund - 27,500 22,000 - - -
CourseCo
Contribution - 27,500 22,000 - - -
Measure X
- 730,000 - - - - 730,000
RMRA/SB1
- 386,065 - - - - 386,065
Sewer Fund
- 300,000 - - - - 300,000
General Fund
- 200,000 - - - - 200,000
Measure X
- 200,000 - - - - 200,000
$ - $ 702,500 $ - $ - $ - $ - $ 702,500
- 111,500 42,000 - - - 153,500
- - - - - -
110,000 2,139,065 82,000 - - - 2,331,065
$ 110,000 $ 2,953,065 $ 124,000 $ - $ - $ - $ 3,187,065 - - - - - - -
(1) Multi-Year Projects represent only those projects funded in Fiscal Year 24/25. The list does not included projects that were completed in Fiscal Year 23/24 or projects that have yet to be appropriated in Fiscal Years 24/25.
CIP25-01
CIP25-02 FY 24/25 Crack and Slurry Seal
Multi-Year Project Funding Summary
Represents Projects Included in the Fiscal Year 24/25 Adopted Budget (1) Project
Code
Est. FY 23/24
and Prior Years Est. FY 24/25 Est. FY 25/26
Est. FY
26/27
Est. FY
27/28
Est. FY
28/29 Total
- -
- - - 300,000
FY 24/25 Street Rehabilitation Project
General Fund
- 300,000
-
-
Capital Improvement Projects Total
General Fund Total
General Fund: Grants and Capital Contributions
Pending
Non-General Fund Total
CIP25-13 Cart Path Improvements 99,000
CIP25-03
Pedestrian Safety - Central Ave. &
Foundation Ave. $ 270,000
CIP25-12 Tee Expansion & Renovation 73,000
CIP 25-04 Community Center Sewer Repairs Sewer Fund
- 50,000 - 50,000
173
ATTACHMENT 1
4858-9184-1251v1 1
RESOLUTION NO. 24-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE, CALIFORNIA, DECLARING THE CITY’S INTENT TO VACATE EXCESS RIGHT-OFWAY LOCATED ON SLOAT AVENUE, EXCEPTING AND RESERVING RIGHTS FOR
EXISTING PUBLIC UTILITY FACILITIES, AND SETTING A TIME AND PLACE FOR
A PUBLIC HEARING ON SAID RIGHT-OF-WAY VACATION
WHEREAS, the vacation of public easements and rights-of-way in California is governed by the provisions under Division 9, Part 3 of the California Streets and Highways Code (“CSHC”) and extends from section 8300 through 8368; and
WHEREAS, Section 8320 of the CSHC sets forth the procedure by which a city may initiate a proceeding to vacate a right-of-way on its own initiative by setting a hearing and causing the publishing and posting of the notices of the hearing; and WHEREAS, Section 8324 of the CSHC authorizes the City Council to impose conditions on the vacation of a street or highway, which conditions shall be satisfied before the resolution of vacation is recorded and effective; and
WHEREAS, the City of Pacific Grove (“City”) currently maintains for roadway purposes an easement approximating 26,778 square feet used for public road right-of-way purposes located in the City on Sloat Avenue of which a portion consisting of 19,602 square feet, more or less (the “Excess Right-of-Way”), is adjacent to the proposed American Tin Cannery (“ATC”) Hotel and Commercial development (together, the “ATC Development”). Notwithstanding this intent to vacate the City retains any other interest it may have in the Excess Right of Way; and WHEREAS, on January 12, 2022, the City Council of the City of Pacific Grove certified an EIR (SCH #2019110152) for the ATC Development and approved the requisite planning approvals for the ATC Development; and
WHEREAS, on April 11, 2024, the California Coastal Commission (“CCC”) conducted appellate proceedings on the City’s approval of the ATC Development, determined that the ATC Development as modified will not result in any significant environmental effects for which feasible mitigation measures have not been employed, consistent with CEQA Section 21080.5(d)(2)(A), and approved the ATC Development subject to five (5) standard conditions and sixteen (16) special conditions; and
WHEREAS, given the ATC Development approval by the City and the CCC, the Excess Right-of- Way is currently used by the City as a public road right-of-way but is no longer needed for this purpose; and
WHEREAS, the City intends to initiate the process for vacating the Excess Right-of- Way, by setting a time and place for a public hearing on the vacation and directing the City Clerk to provide, publish, and post all required notices; and
4858-9184-1251v1 2
WHEREAS, Article 15 of the Charter of the City of Pacific Grove provides, in pertinent part, that no action for the disposition of real property of the City, or any interest therein, shall be taken except by ordinance; and
WHEREAS, although Section 8324 of the CSHC specifies a resolution be adopted to vacate right of way, Section 50020 of the California Government Code Section 50020 provides that “[w]hen a statute requires a local agency to take legislative action by resolution and the local agency is required by its charter to take legislative action by ordinance, action by ordinance is compliance with the statute for all purposes.”
NOW, THEREFORE, BE IT FOUND, DETERMINED, AND RESOLVED BY THE
CITY COUNCIL OF THE CITY OF PACIFIC GROVE, MONTEREY COUNTY, CALIFORNIA, AS FOLLOWS:
SECTION 1. Each finding set forth above is adopted as true and correct.
SECTION 2. The location of the Excess Right-of-Way subject to vacation is described in Exhibit A and depicted in Exhibit B, each such Exhibit attached to this Resolution and incorporated herein, and is summarized as that portion of right-of-way approximating 19,602 square feet and located on Sloat Avenue between Eardley Avenue and Dewey Avenue.
SECTION 3. The City Council hereby declares an intention to initiate the process for vacating the Excess Right-of-Way, pursuant to Section 8320 of the CSHC, subject to those terms and conditions set forth in the vacation ordinance.
SECTION 4. The City certified an Environmental Impact Report (“EIR”) on January 12, 2022 for the ATC Development (SCH #2019110152) and made the requisite CEQA findings for the certification of the EIR. Subsequently, the CCC determined that the ATC Development as modified by the CCC in its approval action will not result in any significant environmental effects for which feasible mitigation measures have not been employed, consistent with CEQA Section 21080.5(d)(A). The EIR evaluated the environmental impacts of the project including the development and uses of the subject Property, and as modified and conditioned by the CCC, no additional CEQA review is required.
SECTION 5. The City Council hereby sets a public hearing on the proposed vacation of the Excess Right-of-Way for October 16, 2024 at 6:00 pm, or as soon thereafter as the matter may be heard, at the City Council Chamber, 300 Forest Ave, Pacific Grove, California 93950. At the conclusion of the public hearing, the City Council shall determine, from all evidence submitted, whether or not the Excess Right-of-Way proposed to be vacated is necessary for present or prospective public use.
SECTION 6. The City Clerk is hereby directed to post this Resolution of Intention and publish notices of the public hearing for at least two successive weeks prior to the date set for public hearing, pursuant to the requirements of CSHC Section 8322. Notices of the proposed vacation shall additionally be posted along the line of the Excess Right-of-Way proposed to be vacated, pursuant to the requirements of CSHC Section 8323. 4858-9184-1251v1 3
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF PACIFIC GROVE this __th day of September, 2024, by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
BILL PEAKE, Mayor
ATTEST:
SANDRA ANN KANDELL, City Clerk
APPROVED AS TO FORM:
BRIAN PIERIK, City Attorney
Burke, Williams & Sorensen, LLP
4858-9184-1251v1 A-1
Exhibit A
Legal Description and Depiction
4858-9184-1251v1 B-1
Exhibit B
Plot Depiction
ATTACHMENT 3
4891-6582-3203v1 1
ORDINANCE NO. 24-__
AN UNCODIFIED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE CONDITIONALLY ORDERING THE VACATION OF EXCESS RIGHT-OFWAY LOCATED ON SLOAT AVENUE, EXCEPTING AND RESERVING RIGHTS FOR
EXISTING AND PROPOSED PUBLIC UTILITY FACILITIES
FACTS
1. The City of Pacific Grove (“City”) passed Resolution No. 24-___ on September 18, 2024, declaring its intention to vacate the excess public right-of-way easement on the real property located on Sloat Avenue (the “Excess Right-of-Way”), which is approximately 19,602 square feet and adjacent to the proposed American Tin Cannery Hotel and Commercial development (together, the “ATC Development”).
2. The proposed adjacent ATC Development includes certain development and uses on a portion of the Excess Right-of-Way which the City will no longer need to maintain once the ATC Development is approved and constructed.
3. The City certified an Environmental Impact Report (EIR) on January 12, 2022, for the ATC Development (SCH #2019110152) and made the requisite CEQA findings for the certification of the EIR. The EIR evaluated the environmental impacts of the project including the development and uses of the subject Excess Right-Of-Way, and as such, no additional CEQA review is required.
4. On October 28, 2021 and November 18, 2021, the Planning Commission conducted a duly-noticed public hearing on the ATC Development and reviewed the vacation for conformity with the General Plan in accordance with Government Code Section 65402.
5. On January 12, 2022, the City Council heard an appeal of the Planning Commission’s decision on the ATC Development and reviewed the vacation for conformity with the General Plan in accordance with Government Code Section 65402. The City Council found the vacation of the subject Excess Right-of-Way to be in conformance with the City’s General Plan.
6. On April 11, 2024, the California Coastal Commission (“CCC”) conducted appellate proceedings on the City’s approval of the ATC Development, determined that the ATC Development as modified will not result in any significant environmental effects for which feasible mitigation measures have not been employed, consistent with CEQA Section 21080.5(d)(2)(A), and approved the ATC Development subject to five (5) standard conditions and sixteen (16) special conditions.
7. No further CEQA review or action is required in connection with this condition order of vacation of the Excess Right-of Way pursuant to Division 9, Part 3, Chapter 3 of the Streets and Highways Code of the State of California (the “Vacation Statute”). 4891-6582-3203v1 2
8. The Vacation Statute allows the City Council to adopt a resolution vacating excess street rights-of-way that are no longer required for street purposes, excepting and reserving rights for existing and proposed public utility facilities.
9. Article 15(g) of the City’s Charter provides, in pertinent part, that except as provided by General Law, or by this Charter, no action providing for the….acquisition, sale, lease, encumbrancing or disposition of real property of the City, or any interest therein….shall be taken except by ordinance.
10. Government Code Section 50020 provides that “[w]hen a statute requires a local agency to take legislative action by resolution and the local agency is required by its charter to take legislative action by ordinance, action by ordinance is compliance with the statute for all purposes.”
11. The Excess Right-of-Way described in both legal and map form in Exhibits A and B, is no longer needed for street purposes should the ATC Development receive all necessary Building Permits as well as approvals for any associated relocation or rerouting of existing public and private utilities; and
12. The City Council has duly considered the staff report and public comments, if any, and desires to vacate the Excess Right-of-Way.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE ORDAINS AS FOLLOWS:
SECTION 1. The foregoing Facts are adopted as findings of the City Council as though set forth in full within the body of this ordinance.
SECTION 2. The City Council hereby elects to proceed under and pursuant to the provision of Division 9, Part 3, Chapter 3 of the Streets and Highways Code of the State of California, and in particular, Sections 8324 thereof, and hereby orders the vacation of the Excess Right-of-Way described in Exhibit A, and shown on the plot labeled Exhibit B, each such Exhibit attached hereto and made a part hereof by this reference.
SECTION 3. This ordinance shall take effect only upon, and the vacation of the Excess Right-of-Way is conditioned upon and shall not be effective until, the occurrence of all of the following:
a. Developer of the ATC Development (the “Developer”) has submitted a plan or plans for utility relocation and maintenance (including the temporary protection or provision for utility connection to adjacent properties throughout the course of construction) of existing public and private utilities, including but not limited to fiber optics owned by the Monterey Bay Aquarium Foundation, which is approved by the City and the appropriate utility; and
b. The City and Developer have entered into a legally binding agreement (the “Agreement”) for the conveyance of the City’s interest in the land underlying the existing easement. If the City and Developer do not enter into such 4891-6582-3203v1 3
agreement within ninety (90) days of the date of adoption of this ordinance, this ordinance will be null and void; and
c. The City has to its reasonable satisfaction determined that the existing rights of the property owners in the vicinity of the Excess Right-of-Way, including the right to access, use, and develop their parcels now and in the future, consistent with state and local law, have been maintained or an alternative arrangement has been made consistent with the terms of the ATC Development approvals, including CEQA and applicable mitigation measures.
d. Pursuant to the Agreement the City’s interest in the land underlying the Excess Right-of-Way has been conveyed from the City to the Developer; and e. This ordinance has been recorded by the City Clerk with the Monterey County Recorder following the Close of Escrow, as that term is defined in the Agreement, and the City’s interest in the underlying property has been quit claimed from the City to the Developer.
f. The passage of thirty (30) days following the adoption of this ordinance in accordance with Article 15 of the City Charter.
SECTION 4. That from and after the date this ordinance is recorded, the Excess Right-ofWay is vacated and no longer constitutes a public right-of-way.
SECTION 5. If any provision, section, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, or the application thereof to any person or circumstance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance, or any part thereof, or its application to other persons or circumstances. The City Council hereby declares that it would have passed and adopted each provision, section, paragraph, subparagraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, paragraphs, subparagraphs, sentences, clauses or phrases, or the application thereof to any person or circumstance, be declared invalid or unconstitutional.
SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. Resolution.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF PACIFIC GROVE this 16th day of October, 2024, by the following vote:
AYES:
NOES:
ABSENT:
4891-6582-3203v1 4
APPROVED:
BILL PEAKE, Mayor
ATTEST:
DATED:_______________________
SANDRA ANN KANDELL, City Clerk
APPROVED AS TO FORM:
BRIAN PIERIK, City Attorney
Burke, Williams & Sorensen, LLP
4891-6582-3203v1 A-1
Exhibit A
Legal Description
4891-6582-3203v1 B-1
Exhibit B
Plot Depiction