REVISED - May 30, 2008

NOTICE OF REGULAR MEETING

PACIFIC GROVE CITY COUNCIL

MEETING AGENDA

Wednesday, June 4, 2008

6:00 p.m.

Council Chambers – City Hall – 300 Forest Avenue, Pacific Grove, CA

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 main counter in City Hall at 300 Forest Avenue, Pacific Grove; and on the internet at: http://www.ci.pg.ca.us/agendas. Materials related to an item on this Agenda submitted to the Council after distribution of the agenda packet will also be made available for public inspection at the main counter in City Hall.

PRESENTATIONS

A. Presentation by Animal Friends Rescue Project

The Council will receive a presentation by Animal Friends Rescue Project as part of the nonprofit organization’s observance of 10 years of service to the community.

Reference: Mayor Cort

APPROVAL OF AGENDA

COUNCIL AND STAFF ANNOUNCEMENTS

A. Council Referral Update

B. 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.)

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 CITY COUNCIL MEETING MINUTES

A. Minutes of the May 21, 2008 City Council Meeting

Recommended Action: Approve

2. RESOLUTIONS

A. Consider a Resolution Approving the Renewal of Contractual Administrative Fire Services in the Amount of $135,000 Annually to the City of Carmel-by-the-Sea

The Council will consider a Resolution approving the renewal of contractual administrative fire services to the City of Carmel-by-the-Sea. The initial contract was approved by Council October 5, 2005.

Reference: Fire Chief Miller

Recommended Action: Adopt the Resolution

B. Consider a Resolution Authorizing the City Manager to Enter into a Contract with Cannon Associates for the Tree Inventory and Master Tree Plan for $64,850.

Council will consider a Resolution authorizing the City Manager to enter into a contract for services for the Tree Inventory and Master Tree Plan. Staff is recommending Cannon Associates as a result of a Request for Proposal (RFP) which was sent to nine firms that perform this type of work.

Reference: Celia Perez Martinez, Business Manager

Recommended Action: Adopt the Resolution

C. Consider a Resolution Approving the Prescott Lane Sidewalk Project Concept as Recommended by the Monterey Neighborhood Improvement Program (NIP) Committee that Includes a Portion of Pacific Grove

Council will consider a Resolution approving the Prescott Lane sidewalk project concept as described in the Agenda Report and acknowledge staff’s statement that shared funding is not possible at this time.

Reference: Celia Perez Martinez, Business Manager

Recommended Action: Adopt the Resolution

3. REPORTS OF STAFF

A. Highlights of the May 16, 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

B. Claim for Damages No. G2008-06 / NOAA

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. It is recommended that Council approve the claim. If Council chooses to deny the claim, the claimant will have six (6) months to file legal action.

Reference: Paula Fry, Management Analyst

Recommended Action: Approve claim and refer the matter back to staff

C. Claim for Damages No. G2008-07 / O’DONNELL, June

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. It is recommended that Council approve the claim. If Council chooses to deny the claim, the claimant will have six (6) months to file legal action.

Reference: Paula Fry, Management Analyst

Recommended Action: Approve claim and refer the matter back to staff

D. Claim for Damages No. G2008-05 / ROLF, Roseanne

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. It is recommended that Council approve the claim. If Council chooses to deny the claim, the claimant will have six (6) months to file legal action.

Reference: Paula Fry, Management Analyst

Recommended Action: Approve claim and refer the matter back to staff

E. Claim for Damages No. L2008-04 / SCHELL, Roger R.

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.

Reference: Paula Fry, Management Analyst

Recommended Action: Deny claim and refer the matter back to staff

F. Claim for Damages No. L2008-03 / TAYLOR, Frederic W.

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.

Reference: Paula Fry, Management Analyst

Recommended Action: Deny claim and refer the matter back to staff

4. REPORTS OF COMMISSIONS, BOARDS, AND STANDING COMMITTEES

A. Draft Meeting Minutes of the May 22, 2008 Planning Commission

Recommended Action: Receive

REGULAR AGENDA

5. PUBLIC HEARINGS

(With regard to public hearings involving a quasi-judicial determination by the Council, the proponent of an item shall be given 10 minutes to speak and all others in support of the proponent’s position will be given three (3) minutes each. A designated spokesperson for opposition to the item shall be given 10 minutes to speak and all others in opposition will be given three (3) minutes each. In public hearings not involving a quasi-judicial determination by the Council, all persons will be given three (3) minutes to speak, whether in support or opposition to the item. Very brief rebuttal and surrebuttal may be allowed in the sole discretion of the Council.)

A. Hold a Public Hearing on the Second Reading of an Ordinance of the City Council of the City of Pacific Grove Adding Section 23.64.055 of the Pacific Grove Municipal Code to Allow Public Gatherings in the Public Street Rights-of-Way Within the Downtown (D) Designation Area on the General Plan Land Use Map

On May 21, 2008 Council introduced an Ordinance adding Section 23.64.055 of the Pacific Grove Municipal Code to Allow Public Gatherings in the Public Street Rights-of-Way Within the Downtown (D) Designation Area on the General Plan Land Use Map. If adopted, the Ordinance will go into effect 30 days from the date of adoption.

Reference: Lynn Burgess, Chief Planner

Recommended Actions:

1) Adopt Mitigated Negative Declaration (MND); and

2) Hold a public hearing on the second reading of an ordinance to add Section 23.64.055 of the Pacific Grove Municipal Code to allow public gatherings in the public street rights-of-way within the Downtown (D) designation on the General Plan Land Use Map; and

3) Adopt the ordinance.

6. 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. Budget and Finance Subcommittee

E. Cultural Arts Commission

F. Economic 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. Monterey County Commission on Disabilities

7. NEW BUSINESS

A. Consider the Adoption of a Resolution Approving the Mission Statement and Strategic Goals for the Pacific Grove Museum of Natural History

The Council will consider a Resolution approving the Mission Statement and Strategic Goals for the Museum. This is the result of work carried out by a “Transition Team” dedicated to developing a strategic plan for the Museum.

Reference: City Manager Colangelo

Recommended Action: Adopt the Resolution

B. Hold the First Reading of an Ordinance of the City Council of the City of Pacific Grove that Levies a Tax Rate of .004% on the Assessed Value of Property in Pacific Grove, to Pay the Debt Service on the 1990 Butterfly Habitat Bonds

The Council will hold the first reading of an Ordinance that levies a tax rate of .004% on the assessed value of property in Pacific Grove, to pay the debt service on the 1990 Butterfly Habitat Bonds. The Council may approve or reject the first reading of the Ordinance. If approved, the Ordinance shall be published and a second reading shall be set at the next Council meeting.

Reference: Jim Becklenberg, Director of Management and Budget

Recommended Actions:

1) Introduce an ordinance that levies a tax rate of .004% on the assessed value of property in Pacific Grove, to pay the debt service on the 1990 Butterfly Habitat Bonds; and

2) Approve a Resolution that certifies compliance with the law concerning the levying of taxes.

C. Hold the First Reading of an Ordinance of the City Council of the City of Pacific Grove Approving the Adjustments to the FY 2007/08 Budget

The Council will hold the first reading of an Ordinance approving the adjustments to the FY 2007/08 Budget. The adjustments were recommended unanimously by the Budget and Finance Committee at its May 22, 2008 meeting. The Council may approve or reject the first reading of the Ordinance. If approved, the Ordinance shall be published and a second reading shall be set at the next Council meeting.

Reference: Jim Becklenberg, Director of Management and Budget

Recommended Action: Hold first reading of the Ordinance

D. Consider a Resolution Adopting Amendments to Update the Master Fee Schedule for Fees Included in Fiscal Year 2008/09 Budget

The Council will consider a Resolution amending the Master Fee Ordinance to include several fees approved conceptually in the FY 2008/09 City Budget.

Reference: Jim Becklenberg, Director of Management and Budget

Recommended Action: Adopt the Resolution

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 County Convention & Visitors Bureau  

· 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

(Public comment will be invited prior to the Council going into Closed Session. Comments from the audience will not receive Council action and must deal only with items on the current Closed Session list.)

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

i. Anthony Iriate, et al. v. Monterey Peninsula Engineering, Inc., et al (Monterey County Superior Court Case No.M83497)

B. 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

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

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.