A Pacific Grove City Council vote on music venue decibel levels faces FPPC scrutiny.

A vote by Pacific Grove Councilmember Tina Rau in favor of pursuing a possible ordinance to raise the decibel levels at entertainment venues that sell alcohol is currently under investigation by the California Fair Political Practices Commission, based on a complaint filed by three residents. Rau owns a building in downtown P.G. that houses the popular bar and music venue Pop & Hiss.

Rau says she reviewed her eligibility to participate in the vote with Mayor Nick Smith, City Manager Matt Mogensen and City Attorney Brian Pierik ahead of the meeting on March 19. Pierik informed her there was no conflict of interest.

Aside from Rau’s vote, the complaint filed on March 29 also includes concerns about the accuracy of the agenda report and asks whether all procedures were properly followed, among other concerns. It was filed by retired attorney Jane Haines, along with former mayor Carmelita Garcia and resident John Miller.

Councilmember Joe Amelio brought the proposed measure forward on March 19, asking the council to raise the allowable music decibel level from 70 decibels to 80. Rau was part of the four-member majority that voted in favor of asking Pierik to come back to the council with a proposed ordinance at a later date.

Two council members voted no, for a vote of 4-2. (The seventh council member, Cynthia Garfield, was absent.) 

Haines says she filed the complaint due to a “combination of factors,” including her concerns that the staff report included inaccuracies about the impact of increased decibel levels and uncertainty about Pierik’s interpretation of his responsibilities under the city’s charter.

She also says that based on Rau’s past experience in business she assumed Rau would be familiar with conflict-of-interest rules.

“Filing with the FPPC seemed to me the appropriate mechanism for obtaining an independent review of these issues,” Haines says.

She believes raising decibel levels at music venues from 70 to 80 will have a harmful impact on people living in downtown residential units.

On the advice of Pierik, Rau declined to comment further while the investigation is ongoing.

It’s unknown how long the investigation will take. The city attorney's office is still developing the noise ordinance and there is no date scheduled to bring it back, according to Mogensen.