NOTICE OF REGULAR MEETING

 

PACIFIC GROVE CITY COUNCIL

MEETING AGENDA

Council Chambers – City Hall – 300 Forest Avenue

6:00 p.m.Wednesday, February 6, 2008

 

Note:  The Council will not begin consideration of any item on this agenda later than 10:00 p.m. unless, by majority vote, the Council decides to consider an item or items after 10:00 p.m.  Any items on this agenda not considered this evening will be continued to a future meeting.  It is possible, although not likely, that public hearings will begin at 6:00 p.m.  However, it is the policy of the City Council to begin calling public hearing items no later than 7:00 p.m.

Copies of the agenda packet are available for review at the Pacific Grove Library located at 550 Central Avenue; the reception counter in City Hall at 300 Forest Avenue, Pacific Grove; and on the internet at: http://www.ci.pg.ca.us/agendas

 

PRESENTATIONS

A.    Presentation by Lyndel Melton of RMC Environmental on behalf of the Division of Ratepayers Advocates regarding proposed regional desalinization plant.

            Reference: City Manager Colangelo

                  Recommended Action:  Receive

 

APPROVAL OF AGENDA

 

COUNCIL AND STAFF ANNOUNCEMENTS

 

ORAL COMMUNICATIONS

(Comments from the audience will not receive Council action.  Comments must deal with matters subject to the jurisdiction of the City and the Council and will be limited to three minutes.  Comments regarding agenda items, not on the consent agenda, shall be heard prior to Council’s consideration of such items at the time such items are called.  Whenever possible, letters should be submitted to the Council in advance of the meeting.)

 

CONSENT AGENDA

(The Consent Agenda consists of those items which are routine and for which a staff recommendation has been prepared.  A Councilmember, member of the audience or staff may request that an item be placed on the regular agenda for further discussion.  One motion will cover all items on the Consent Agenda.  The motion to approve will authorize the action or recommendation indicated.)

 

1.      APPROVAL OF ACTION MINUTES

A.    Action Minutes of the January 16, 2008 City Council Meeting

Recommended Action:      Approve

 

2.      REPORTS OF STAFF:

A.    Highlights of the January 18, 2008 Monterey Regional Waste Management District Board Meeting

Gary Bales, the City’s representative to the Monterey Regional Waste Management District Board, will report on activities and actions by the Monterey Regional Waste Management District Board

Reference:  City Manager Colangelo

Recommended Action:  Receive        

 

3.      REPORTS OF COMMISSIONS, BOARDS, AND STANDING COMMITTEES

A.    Annual Report for 2007 of the American With Disabilities Act Compliance Advisory Committee

Recommended Action:      Receive

B.     Meeting Minutes of the January 22, 2008 Architectural Review Board

Recommended Action:      Receive

C.     Meeting Minutes of the January 17, 2008 Special Events Committee

Recommended Action:      Receive

D.    Meeting Minutes of the December 11, 2007 Traffic Safety Commission

Recommended Action:      Receive

 

 

REGULAR AGENDA

 

4.      REPORTS OF BOARDS, COMMISSIONS AND STANDING COMMITTEES

A.    Americans with Disabilities Act Compliance Advisory Committee

B.     Architectural Review Board

C.     Beautification and Natural Resources Committee

D.    Cultural Arts Commission

E.     Economic Advisory Committee

F.      Golf Course Advisory Committee

G.    Historic Resources Committee

H.    Housing Committee

I.       Library Board

J.       Museum Board

K.    Planning Commission

L.     Recreation Board

M.   Special Events Committee

N.    Traffic Safety Commission

O.    ad hoc Budget and Finance Subcommittee

P.      ad hoc Campaign Finance Reform/Conflict of Financial Interest Subcommittee

Q.    ad hoc Charter Review Committee

R.     ad hoc Crespi Pond Oversight Subcommittee

S.      Monterey County Commission on Disabilities

 

 

5.      OLD BUSINESS

        A.     Second Reading of an Ordinance Authorizing an Extension of the City’s Lease of a Portion of its Tidelands and Submerged Lands to the Monterey Bay Aquarium

The Council will hold the second reading of an ordinance to authorize the extension of the City’s lease of a portion of its tidelands and submerged lands to the Monterey Bay Aquarium. The lease expired in December 2005, and the proposed extension is for a 25- year period.

Reference:  City Attorney David Laredo

Recommended Action:  Adopt Ordinance

 

 

6.      NEW BUSINESS

                A.  Adopt an Ordinance that Adds Section 21.12.270 to Chapter 21.12 (“Cable Communication Franchise Procedures”) of Title 21 of the Pacific Grove Municipal Code, which Implements the Provisions of the Digital Infrastructure and Video Competition Act of 2006

                                    The “Digital Infrastructure and Video Competition Act of 2006” (DIVCA), effective January 1, 2007, requires cities that currently franchise cable television services take the action of passing an ordinance which will require state cable franchisees to provide benefits at the same level as the local franchise. 

                                    Reference: Celia Perez Martinez, Public Works Supervisor

      Recommended Action:  Adopt Ordinance

 

                B.  Receive Financial Report on the first 12 months of City Operation of the Golf Pro Shop

                                    On January 1, 2007, the City assumed operational responsibility for the pro shop at the Pacific Grove Municipal Golf Course.  This report provides a progress report after 12 months of City operations.

      Reference:  Jim Becklenberg, Director of Management and Budget

      Recommended Action:  Receive

 

C.     First Reading of an Ordinance Granting a Revocable License for the Encroachment of an Awning into the Public Way at 562 Lighthouse Avenue

Following public hearing, the Council will review and discuss the first reading of the draft Ordinance. The Council may approve or reject the first reading of the draft. If approved, a second reading shall be set at the next Council meeting.

      Reference:  Sheila Stains-Ramp, Senior Planner  

                                    Recommended Action:  Hold first reading of the Ordinance

 

          D.  Consider the Adoption of a Resolution Approving an Employment Agreement with Bob Snyder to Serve as the Interim Museum Manager

Reference:    City Manager Colangelo

Recommended Action:    Adopt the attached Resolution.

7.      REPORTS OF COUNCIL MEMBERS:

A.       Mayor’s Annual Appointments to the City’s Boards, Commissions and Committee

Reference:  Mayor Cort

Recommended Action:            Approve the Mayor’s Annual Appointments to the City’s Boards, Commissions and Committees

B.       Meeting Reports

·         Association of Monterey Bay Area Governments

·         Community Human Services

·         Executive Committee, Monterey Bay Division, League of California Cities

·         Fort Ord Reuse Authority

·         Monterey Regional Water Pollution Control Agency, JPA

·         Monterey-Salinas Transit

·         Transportation Agency for Monterey County

C.     Reports on Trips, Conference Attendance, and Meetings (AB 1234)

 

 

8.      ITEMS REMOVED FROM CONSENT AGENDA

 

 

9.      CLOSED SESSION

A.    Pursuant to California Government Code Section 54956.9, Council will Meet in Closed Session with Legal Counsel to Consider Pending Litigation

i.  California-Nevada Methodist Homes v. City of Pacific Grove (M84732)

 

             B.  Consider Claim for Damages No. L2007-31 – Collins, Monterey Bay Property Management

Council will consider a claim from an injured party and determine whether to approve the claim or deny and refer the matter back to staff.  If the claim is denied as recommended, the claimant will have six (6) months to file legal action.

 

             C.  Consider Claim for Damages No. L2007-32 - Kellett

Council will consider a claim from an injured party and determine whether to approve the claim or deny and refer the matter back to staff.  If the claim is denied as recommended, the claimant will have six (6) months to file legal action.

 

             D.  Pursuant to California Government Code Section 54957.6 Council will Meet in Closed Session with its Designated Representative, James J. Colangelo, Regarding Labor Negotiations: All Bargaining Units

 

 

10.  PUBLIC ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION

(Following Closed Session, the Council shall reconvene in open session, prior to adjournment, and make disclosures as required by Government Code sections 54957.1 and 54957.7.  If this announcement is made in the City Manager’s Conference Room, public participants shall be invited for the purpose of hearing the announcement.  Alternatively, the Council may reconvene in the City Council Chambers to enable the public to hear the announcement.)

 

 

ORDER FOR ADJOURNMENT

 

 

Items to be included on the Council Agenda must be received no later than 8:00 a.m. on the Wednesday preceding the meeting.

 

 

THE CITY OF PACIFIC GROVE DOES NOT DISCRIMINATE AGAINST PERSONS WITH DISABILITIES.  CITY HALL IS AN ACCESSIBLE FACILITY.  A LIMITED NUMBER OF DEVICES ARE AVAILABLE TO ASSIST THOSE WHO ARE DEAF AND HARD OF HEARING.  IF YOU WOULD LIKE TO USE ONE OF THESE DEVICES, PLEASE CONTACT THE CITY CLERK PRIOR TO THE MEETING AT (831) 648-3172.