ORDINANCE NO. 25-____
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PACIFIC GROVE REPEALING CHAPTER 3.40 OF THE PACIFIC GROVE MUNICIPAL CODE ON
ECONOMIC DEVELOPMENT COMMISSION
FACTS
1. Chapter 3.40 of the Pacific Grove Municipal Code “Economic Development Commission”(EDC) includes several Sections regarding the EDC include creation, membership qualifications, terms, removal, selection of chairperson, time and place of meetings and powers and duties, Sections 3.40.010 through 3.40.070.
2. On December 18, 2024, the City Council held a discussion regarding the efficiency and effectiveness of the Economic Development Commission (EDC) and if a staffing alternative would create a larger impact to economic development efforts in Pacific Grove.
3. At the December 18, 2024 City Council meeting, the City Council approved two motions.
The first motion directed the City Manager to separate the Economic Development Commission budget to assist with funding a full-time City staff position and begin the process of recruitment for that position. The second motion authorized the Mayor to make appointments to the EDC for a two-year term with a letter to appointed applicants that the EDC will be evaluated in 2025 which may impact their term
4. A City staff member has been appointed with duties to include serving as a business liaison was appointed and is beginning work to serve the businesses of the city. This work will primarily include items listed as the powers and duties of the EDC listed in PGMC Chapter 3.40.
5. The EDC currently has four active commissioners. Since the Mayor appointed the new commission of seven in January 2025, 3 have resigned. The EDC has had to cancel 3 meetings since January due to lack of quorum.
6. Due to a City staff member now being ready to undertake the EDC duties and the EDC having difficulties meeting to begin its business this year, continuing the EDC is no longer efficient or effective and it is now time to sunset the Commission.
7. 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.
NOW, THEREFORE, THE COUNCIL OF THE CITY OF PACIFIC GROVE DOES ORDAIN AS FOLLOWS:
SECTION 1. The foregoing Facts are adopted as findings of the City Council as though set forth in fully within the body of this ordinance.
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SECTION 2. Pacific Grove Municipal Code Chapter 3.40 Economic Development Commission is hereby repealed in their entirety.
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. Severability. 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 5. In accord with Article 15 of the City Charter, this Ordinance shall become effective on the thirtieth (30th) day following its passage and adoption.
PASSED AND ADOPTED BY THE COUNCIL OF THE CITY OF PACIFIC GROVE this ______ day of ______________, ______, by the following vote:
AYES:
NOES:
ABSENT:
APPROVED:
_________________________________
NICK SMITH, Mayor
ATTEST:
DATED:________________
_______________________________
SANDRA KANDELL, City Clerk
APPROVED AS TO FORM:
_______________________________
BRIAN A. PIERIK, City Attorney
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Chapter 3.40
ECONOMIC DEVELOPMENT COMMISSION
Sections:
3.40.010 Creation – Membership.
3.40.020 Member qualifications.
3.40.030 Terms designated.
3.40.040 Removal of members.
3.40.050 Selection of chairperson.
3.40.060 Time and place of meetings.
3.40.070 Powers and duties.
3.40.010 Creation – Membership.
An economic development commission for the city of Pacific Grove is created. The commission shall consist of seven voting members appointed by the mayor and approved by the council. In addition, the president of the Pacific Grove Chamber of Commerce shall serve as an ex officio, nonvoting member. [Ord. 19-005 § 2, 2019; Ord. 14-020 § 2, 2014; Ord. 10-005 § 5, 2010].
3.40.020 Member qualifications.
Voting members of the commission shall be persons selected for their business knowledge and interest in economic development issues. Four members shall be owners or managers of businesses or commercial property located in a commercial business district in Pacific Grove. The three other members shall be residents registered to vote in the city of Pacific Grove. [Ord. 19-005 § 2, 2019; Ord. 14-020 § 2, 2014; Ord. 10-005 § 5, 2010].
3.40.030 Terms designated.
All appointees shall serve for a two-year term. Three of the commission members shall be appointed for terms ending on January 31st in even-numbered years, and four members for terms ending on January 31st in odd-numbered years. [Ord. 19-005 § 2, 2019; Ord. 14-020 § 2, 2014; Ord. 10-005 § 5, 2010].
3.40.040 Removal of members.
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Any member may be removed from the commission prior to the expiration of his or her term by the majority vote of the council, in the council’s discretion. Any member who absents himself or herself from two consecutive regular meetings, without cause or approval by the commission, shall be automatically removed. [Ord. 14-020 § 2, 2014; Ord. 10-005 § 5, 2010].
3.40.050 Selection of chairperson.
The voting members of the commission shall select one of their members to be chairperson for a oneyear term, the chairperson to be selected and the term to commence at the first meeting in February. [Ord. 14-020 § 2, 2014; Ord. 10-005 § 5, 2010].
3.40.060 Time and place of meetings.
All meetings of the commission shall be open to the public, and the commission shall meet no less frequently than once a month and shall establish its own rules for the frequency, time and place of meetings, and to govern its procedures. Notice of meetings shall be given in accord with the Ralph M.
Brown Act. [Ord. 14-020 § 2, 2014; Ord. 10-005 § 5, 2010].
3.40.070 Powers and duties.
The economic development commission shall have the following powers and duties:
(a) Devise and recommend economic development and enhancement strategies and programs to the city manager and council; and
(b) Assist the city’s businesses and job seekers in their efforts; and (c) Help meet the shopping and service needs of local residents by promoting retail business interests; and
(d) Ensure coordination of efforts by the Pacific Grove chamber of commerce, the Pacific Grove business improvement district, the hospitality improvement district, the Monterey County convention and visitors bureau and the city; and
(e) Perform other duties and functions as set out in this chapter or as may be required from time to time by specific direction of the council. [Ord. 14-020 § 2, 2014; Ord. 10-005 § 5, 2010].
The Pacific Grove Municipal Code is current through Ordinance 25-005, passed April 2, 2025.
Disclaimer: The City Clerk’s office has the official version of the Pacific Grove Municipal Code. Users should contact the City Clerk’s office for ordinances passed subsequent to the ordinance cited above. 5/27/25, 8:51 PM Chapter 3.40 ECONOMIC DEVELOPMENT COMMISSION https://www.codepublishing.com/CA/PacificGrove/#!/PacificGrove03/PacificGrove0340.html#3.40 2/3 PGCC 6-4-25
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City Website: https://www.cityofpacificgrove.org/
City Telephone: (831) 648-3100
Codification services provided by General Code
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Agenda No. 12 A
CITY OF PACIFIC GROVE
300 Forest Avenue, Pacific Grove, California 93950
TO: Honorable Mayor and Members of the City Council
FROM: Daniel Gho, Public Works Director/Deputy City Manager MEETING DATE: June 04, 2025
SUBJECT: Pedestrian Safety - Central/Fountain Ave & Grand/Fountain Ave This item was pulled from the 5/7 Consent Agenda and continued to the next available City Council meeting.
CEQA: Categorical Exemption, CEQA Guidelines Section 15301, Class I, Existing Facilities
RECOMMENDATION
1. Approve the Central, Grand and Fountain Avenue reconfiguration; and
2. Authorize staff to issue a call for bids for the project.
3. Alternatively, discuss and take other action related to this item.
DISCUSSION
BACKGROUND
The Kimpton Hotel, formerly Hotel Durell, will be a high-end lodging hotel with amenities including a restaurant, gym, spa, and meeting room. The hotel site is located between Central and Lighthouse Avenues, on the North and South, and Grand & Fountain Avenue on the West and East.
The Conditions of Approval for the hotel, approved by Resolution in September of 2018 and amended by Resolution in March of 2022 by the City Council, included various requirements.
Condition of Approval 11 pertained specifically to the intersections adjacent to the project and states:
“Pedestrian safety. The Applicant shall pay for 25% of the cost for design and construction of the complete reconfiguration of the intersection of Central A venue and Fountain Avenue to provide an All-Way Stop intersection as identified in the Mitigation Measures of the Environmental Impact Report. The intersection redesign shall be consistent with the guidelines described in the "Pedestrian Safety Report" Prepared for the City by the Institute of Transportation Studies dated November 2008.
The Applicant shall pay 25% of the cost for design and construction of the reconfiguration of the intersection of Central Ave, and Grand Ave. to accommodate a new raised pavement crosswalk across the intersection on the south side of Central Ave. The final project landscape plan for landscaping within the public right-of-way shall be designed to incorporate the new raised pavement crosswalk.”
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The final resolution, with the full list of the Conditions of Approval, can be found here.
ENGINEERING & DESIGN
In accordance with Condition 11, the City requested funding through the FY24/25 Capital Improvement Plan to begin evaluation of the intersections at Fountain & Central, and Grand and Central to enhance the vehicle and pedestrian safety. City also commenced discussions related to the required improvements with the developer of the Kimpton Hotel.
Following evaluation from the City’s Civil and Traffic Engineers, a reconfiguration of both intersections has been engineered. The improvements include:
• A complete reconfiguration of Fountain and Central, with the intent of implementing a 4-way stop.
• A bulb out on the southwest corner of Grand and Central and upgrade of all existing curb ramps
o The original intent was to construct a raised crosswalk at Central and Grand on the southern portion of the intersection (across from the hotel and adjacent to the museum) as specified in the conditions
o However, review from the engineers determined that due to the extremely wide road, a bulb out and updated ADA ramps would better address pedestrian safety and be a superior solution for this intersection.
o This was proposed to enhance safety on the extremely wide roadway by decreasing crossing times
Engineering is complete and the final plan set has been developed. The plans are included as Attachment 1.
FUNDING
Per Condition of Approval 11, 25% of the design and construction of the intersection improvements at Fountain/Central and Grand/ Central are to be paid by the developer.
The City has expanded the project to include repaving the roadways adjacent to the hotel due to poor or failing current conditions, which is not the responsibility of the hotel developer. The current Pavement Condition Index (PCI) on the adjacent roadways to the hotel are:
• Central Avenue: PCI 27 (poor condition)
• Grand Avenue: PCI 44 (poor condition)
• Fountain Avenue: PCI 68 (fair condition)
The Hotel developers are required to pave the travel lanes adjacent to the hotel on Grand, Fountain, and Central to tie in the sidewalk reconstruction that they will perform as part of their project.
The City will pave the remainder of the surrounding roadways to address their deteriorated conditions. It is best to perform the paving work under one contract for coordination and quality control. To facilitate that, the developer is willing to provide $13,000 to the City. This amount is equivalent to the developers cost to their contractor perform the travel lane pavement requirement. This amount would simply be provided to the City to allow repaving both travel lanes as an element of the City’s bid process, versus piecemealing the efforts between the Hotel’s contractor and the City’s contractor.
In addition to the $13,000, the developer will pay 25% of the curb ramps and sidewalk installation at both intersections, though this amount will not be determined until bidding has PGCC 6-4-25
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occurred.
OPTIONS
1. Approve the staff recommendation
2. Provide alternative direction
FINANCIAL IMPACT:
There is no impact by receiving this report and approving the plan set. As part of the FY 24/25 CIP, $270,000 has been allocated towards the project. It is anticipated that the City will harness Regional Surface Transportation Program (RSTP) funds administered by the Transportation Agency of Monterey County to complete the project.
Once the City completes the competitive bid process and determines the total cost of the project, City staff will bring back a full plan to fund the project.
FOCUSED PRIORITY AREA: Infrastructure
Attachments
Plan Set, Central, Grand and Fountain
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