Soiund Off

Pacific Grove City Councilmember Tina Rau is under investigation by the state Fair Political Practices Commission for a vote on a noise ordinance. “We’re sure we’ll prevail,” she says.

Since before the downtown Pacific Grove entertainment venue/bar/record store Pop & Hiss opened in 2024, it faced stiff opposition from residents and future neighbors who challenged the venue’s use permit and alcohol license. Pop & Hiss overcame those challenges, but it continues to be at the center of controversy, more recently because its landlord is a city councilmember who voted in 2025 to explore raising decibel levels for all entertainment businesses.

P.G. Councilmember Tina Rau owns the building at 215 Forest Ave., through Lovers Point Properties LLC. Rau told the Weekly previously that when the vote was approaching last year to consider advancing an ordinance raising the allowable decibel levels from 70 to 80, she asked City Attorney Brian Pierik if she needed to recuse herself. She was told she did not.

On March 19, Rau and three other councilmembers voted 4-2 in favor. (Councilmember Cynthia Garfield was absent.) Within two weeks, a complaint was filed with the California Fair Political Practices Commission by three residents. In all, four complaints have been filed with the FPPC since last year.

Weekly request for information submitted to the FPPC in December resulted in receiving records including correspondence between the state agency and the city, detailing the complaints and defense of Rau’s vote by the City Attorney’s office.

Pierik’s office sent at least two letters to the FPPC defending Rau’s ability to vote, calling her a “disinterested landlord,” and saying she has no financial interest in Pop & Hiss – Lovers Point Properties LLC is paid a flat rent, not a percentage of revenue. One letter also argued that the vote – to pursue an ordinance – had no impact on any business in the city.

“The action taken by the City Council… did not commit the City to approving an increase in the noise level from 70dB to 80dB or to take any other action regarding noise levels,” an April 25 letter states.

One anonymous complaint was amended by the complainant on Nov. 5 with new information, pointing out that contrary to the City Attorney’s statements, Pop & Hiss owner Michaela Kuenster once sat on the LLC’s board as a “manager/member.” (She has transitioned to being a tenant only.)

“Any policy decision that benefits Pop & Hiss – such as increasing the allowable sound level in commercial districts – could therefore financially benefit the LLC, and by extension, Councilmember Rau,” the complaint stated.

The complaint also argued that the omission by the city attorney’s office that Kuenster was an officer of the LLC “undermines the City Attorney’s portrayal of Rau as a ‘disinterested landlord’ and calls into question the accuracy of the City’s factual submissions.”

FPPC officials are investigating. In the meantime, work by city staff on proposed changes to the noise ordinance is on hold.

“We just have to let the process play out,” Rau says. “We can’t do much other than that… The law is on our side and I’m sure that will be borne out.”

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