NOTICE OF REGULAR MEETING

PACIFIC GROVE CITY COUNCIL

MEETING AGENDA

Council Chambers – City Hall – 300 Forest Avenue

6:00 p.m. – Wednesday, February 20, 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. Recognition of Bruce and Judy Cowen for volunteerism

Reference: Mayor Cort

APPROVAL OF AGENDA

COUNCIL AND STAFF ANNOUNCEMENTS

A. Council Referral Update

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.)

Reference: Mayor Cort

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 MINUTES

A. Minutes of the January 23, 2008 City Council Special Meeting

Recommended Action: Approve

B. Minutes of the February 6, 2008 City Council Regular Meeting

Recommended Action: Approve

2. RESOLUTIONS

A. Consider Approval of a Resolution Authorizing the Installation of a Stop Sign on Spruce Avenue for Westbound Traffic at 12th Street

The Traffic Commission is making this recommendation based on concerns voiced by school officials, parents and residents at their meeting of November 13, 2007.

Reference: Celia Perez Martinez, Business Manager, Public Works

Recommended Action: Approve Resolution

B. Consider Approval of a Resolution Authorizing the City Manager to sign a Contract with KLIFT Service Co. Inc., in an amount no to exceed $30,000, to Repair the City-Owned Street Sweeper

Repair of the city-owned street sweeper is required in order to comply with the conditions of the Monterey Regional Stormwater Management Plan.

Reference: Celia Perez Martinez, Business Manager, Public Works

Recommended Action: Approve Resolution

C. Consider Approval of a Resolution Authorizing a Contract with Root Tamers of Anderson CA to Perform Chemical Root Control of Various Sanitary Sewer Lines

Under the City’s annual Capital Improvement Program sewer lines are identified for this treatment each year.

Reference: Celia Perez Martinez, Business Manager, Public Works

Recommended Action: Approve Resolution

3. REPORTS OF STAFF

A. Consider Approval of a Permit for the Keeping of Chickens at 1135 Pico Ave

Council will consider whether to authorize the property owners at 1135 Pico Ave, the Heebink residence, to keep and maintain 3-5 laying hens, no roosters, at their residence. Council may choose to approve or deny the permit.

Reference: Chief of Police Engles; Elizabeth Yeo, Animal Control Officer

Recommended Action: Approve Permit

4. REPORTS OF COMMISSIONS, BOARDS, AND STANDING COMMITTEES

A. Meeting Minutes of the January 10, 2008 Housing Committee

Recommended Action: Receive

B. Meeting Minutes of the January 15, 2008 Museum Board

Recommended Action: Receive

C. Meeting Minutes of the January 22, 2008 Museum Board Special Meeting

Recommended Action: Receive

D. Meeting Minutes of the February 7, 2008 Planning Commission

Recommended Action: Receive

REGULAR AGENDA

5. 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

6. OLD BUSINESS

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

On February 6, 2008, Council introduced and held the first reading of an ordinance for a revocable license that would allow encroachment of a pair of awnings into the public way at 562 Lighthouse Avenue.

Reference: Sheila Stains-Ramp, Senior Planner

Recommended Action: Adopt Ordinance

B. Second Reading of 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

On February 6, 2008, Council introduced an Ordinance which will require state cable franchisees to provide benefits at the same level as the local franchise.

Reference: Celia Perez Martinez, Business Manager, Public Works

Recommended Action: Adopt Ordinance.

7. NEW BUSINESS

A. Consider Police and Fire Department budget strategies and financial framework for FY 2008/09 Budget.

On January 23, 2008, the City Council began considering strategies for balancing the FY 2008/09 budget and the five-year financial forecast. With this item, the City Council will consider additional budget strategies and the results the strategies produce for the long-term financial health of the community.

Reference: City Manager James J. Colangelo

Jim Becklenberg, Director of Management and Budget

Recommended Actions:

1. Approve recommended budget strategies for the Police and Fire Departments in addition to the strategies affecting other services approved at the January 23, 2008 City Council meeting;

2. Approve assumption for the five-year forecast that includes more conservative General Fund revenue growth that is more reflective of moderate recession with flat revenues than previously presented forecasts which assumed modest revenue growth similar to that which the City has experienced in recent years; and

3. Direct staff to include the approved strategies and economic assumptions for revenues into a proposed FY 2008/09 budget for the City Council’s consideration in April 2008.

B. Consider the Reduction in Library Hours from 52 Hours per Week to 40 Hours Per Week Effective March 1, 2008

Staff is proposing to reduce Library open hours from 52 to 40 hours per week effective March 1, 2008 as a result of reduced staffing at the Library. The Council may choose to enact the new schedule, maintain the existing schedule, or direct staff to implement and alternate schedule.

Reference: Mary Housel, Senior Librarian

Recommended Action: Approve reduction in Library hours.

C. Transportation Agency of Monterey County (TAMC) Report on a Proposed Regional Development Impact Fee and Sales Tax Initiative

The Council will receive a report. No action will be taken.

Reference: City Manager Colangelo

Recommended Action: Receive Report

D. Consider the Selection of a Farmers Market Manager

Staff is recommending the selection of a manager for a farmers market in Pacific Grove. The Council may select the manager recommended by staff, select a different market manager, or identify a different process for proceeding with a farmers market.

Reference: City Manager Colangelo

Recommended Action: Select C.H.A.M.P. (Community Help Around Monterey Peninsula) as the farmers market manager.

E. First Reading of a Companion Ordinance to the Administrative Enforcement Ordinance Which Added Chapters 1.19 and 3.30 to the Municipal Code

The Council will hold a public hearing on the first reading of a Companion Ordinance to the Administrative Enforcement Ordinance, which added Chapters 1.19 and 3.30 to the Municipal Code. The Companion Ordinance was previously presented for concept review, and reconciles divergent notice and penalty provisions throughout the Municipal Code.

Reference: City Attorney Laredo

Recommended Action: Hold first reading of Companion Ordinance to the Administrative Enforcement Ordinance.

F. Second Fiscal Quarter Treasurer’s Report

The City's charter requires that a quarterly treasurer's report be delivered to the City Council.

Reference: Jim Becklenberg, Director of Management and Budget

Recommended Action: Receive the Report

G. Consider a Resolution to Increase the Rates Charged by Waste Management for the Collection, Transportation, Recycling, and Disposal of Solid Waste

City Council will consider Waste Management’s request for a 1.45% rate increase. According to the terms of the franchise agreement, the rate adjustment is non-discretionary.

Reference: Jim Becklenberg, Director of Management and Budget

Recommended Action: Approve Resolution approving the requested rate increase of 1.45% with an effective date of January 1, 2008.

H. Consider the Creation of a Council Subcommittee to Develop Modifications to the City’s Personnel Ordinance

Council will consider the creation of a Council Subcommittee and select up to three Council Members for appointment to a Personnel Ordinance subcommittee.

Reference: Council Member Davis

Recommended Action: select up to three Council Members for appointment to a Personnel Ordinance subcommittee.

8. REPORTS OF COUNCIL MEMBERS

A. 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

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

9. ITEMS REMOVED FROM CONSENT AGENDA

10. CLOSED SESSION

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

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

11. 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.