EMBLMNOTICE OF REGULAR MEETING

PACIFIC GROVE CITY COUNCIL

MEETING AGENDA

Wednesday, June 18, 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 of Mayor’s Proclamation Declaring June 9 through 15, 2008, as United States Army Week in Pacific Grove

The Mayor will present a Proclamation declaring June 9 through June 15, 2008 as United States Army Week in Pacific Grove in recognition of the Army’s 233rd anniversary which took place on June 14, 2008.

                  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.    Draft Minutes of the June 4, 2008 City Council Meeting

Recommended Action:              Approve

 

2.      RESOLUTIONS

A.    Consider a Resolution Authorizing the Submittal of an Application to the California Department of Housing and Community Development for Funding Under the CalHome Program

Council will consider a Resolution authorizing the submittal of a $480,000 application to the California Department of Housing and Community Development for funding under the CalHome Program to fund the Housing Rehabilitation Loan Program.

Reference:  Julie Uretsky, Housing Planner

Recommended Action: Adopt the Resolution

 

B.     Consider the Adoption of a Resolution Authorizing the City Manager to Enter into an Agreement for Assistance in a Grease Source Control Program

Council will consider a Resolution authorizing the City Manager to enter into an agreement for assistance in a Grease Source Control Program.  This agreement has been renewed annually since June 6, 2000.

Reference:  Celia Perez Martinez, Business Manager

Recommended Action: Adopt the Resolution

 

C.     Consider The Adoption Of A Resolution Authorizing The City Manager To Enter Into An Agreement For Maintenance Of Sewage Lift Stations

Council will consider a Resolution authorizing the City Manager to enter into an agreement for the maintenance of sewage lift stations.

Reference:  Celia Perez Martinez, Business Manager

Recommended Action: Adopt the Resolution

 

3.      REPORTS OF STAFF

A.    Consider the Adoption of a Resolution Approving an Employment Agreement with Denise Sallee to Serve as a Part Time Librarian II

Council will consider a Resolution approving an employment agreement with Denise Sallee to serve as a part time Librarian II to ensure adequate coverage of the Library’s reference desk. 

Reference:  City Manager Colangelo

Recommended Action: Adopt the Resolution

 

4.      REPORTS OF COMMISSIONS, BOARDS, AND STANDING COMMITTEES

A.    Meeting Minutes of the June 10, 2008 Architectural Review Board

Recommended Action:  Receive

B.     Meeting Minutes of the May 22, 2008 Budget and Finance Committee

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 and Consider Resolutions Adopting the Updated Master Fee Schedule for Fees Included in the Fiscal Year 2008/09 Budget and Amending Council Policy 200-1, Golf Course Rules and Regulations, and Introduce and Hold a First Reading of an Ordinance to Amend Section 14.12.010 of the Municipal Code Related to Golf Course Rules

Council will consider amending the Master Fee Resolutions to include several fees approved conceptually in the Fiscal Year 2008/09 budget. Council will also introduce and hold a first reading of an Ordinance to amend Section 14.12.010 of the Municipal Code. 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)   Adopt a resolution approving the revised master fee schedule; and

2)   Adopt a resolution amending Council Policy 200-1, Golf Course Rules and Regulations; and

3)   Introduce and hold the first reading on an Ordinance to amend Section 14.12.010 of the Municipal Code.

 

B.     Hold a Public Hearing and Consider a Resolution Establishing the Appropriations Limit for Fiscal Year 2008/09

State Law requires cities to establish an appropriations limit annually, based on a procedure prescribed by State Law.  Council will consider a resolution in compliance with this requirement.   

Reference:   Jim Becklenberg, Director of Management and Budget

Recommended Action:  Adopt the Resolution

 

 

C.     Hold a Public Hearing and Consider a Resolution to Levy an Assessment for the Downtown Business Improvement District (BID)

Council will hold a public hearing and consider a Resolution to levy an assessment for the Downtown Business Improvement District (BID).  Each year the City must reauthorize the assessment that generates revenues for the purposes of the Downtown Business District.

Reference:  Jim Becklenberg, Director of Management and Budget

Recommended Actions:

1)   Hold a public hearing to determine whether there exists a protest to forming the district equal to a majority of the businesses included in the district; and

2)   If no majority protest is determined, adopt a Resolution approving the FY 2007/08 annual report and the FY 2008/09 budget for the Downtown Business Improvement District (BID) and levying the FY 2008/09 assessment for the District; and

3)   Authorize the City Manager to execute a contract with the Pacific Grove Chamber of Commerce to administer the approved BID budget.

 

D.    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.

 

E.     Hold a Public Hearing on the Second 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

On June 4, 2008 Council introduced 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. If adopted, the Ordinance will go into effect 30 days from the date of adoption.

Reference: Jim Becklenberg, Director of Management and Budget

Recommended Action:  Adopt the Ordinance

 

F.      Hold a Public Hearing on the Second Reading of an Ordinance of the City Council of the City of Pacific Grove Approving the Adjustments to the FY 2007/08 Budget

On June 4, 2008 Council introduced an Ordinance approving the adjustments to the FY 2007/08 Budget. If adopted, the Ordinance will go into effect 30 days from the date of adoption.

Reference: Jim Becklenberg, Director of Management and Budget

Recommended Action:  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.      OLD BUSINESS

A.    Consider a Resolution of Intent to Terminate the City’s Contract with the California Public Employees Retirement System (CalPERS) for Employee Retirement Benefits

Council will consider a Resolution of Intent to terminate the City’s contract as the first step required by CalPERS to begin the actuarial analyses required to terminate the City’s contract for retirement benefits.

Reference:   Jim Becklenberg, Director of Management and Budget

Recommended Action:  Approve the Resolution of Intent

 

8.      NEW BUSINESS

A.    Hold the First Reading of an Ordinance of the City Council of the City of Pacific Grove that Amends the Fiscal Year 2008/09 Budget

Council adopted the Fiscal Year 2008/09 budget on May 21, 2008.  Staff has discovered several errors in the budget.  Addressing them at this time will ensure that the budget reflects the City Council’s plans for services when the budget was adopted.  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 the first reading of the Ordinance

 

B.     Consider Introduction and First Reading of an Ordinance to Amend the Municipal Code to Allow for a Single “Master” Business License for Farmers Participating in the Market

The farmer’s market manager is requesting the City change the Municipal Code to exempt farmers participating in the market from the requirement to obtain individual business licenses. City staff recommends that this request be denied. If Council chooses to approve the first reading of the Ordinance, 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:  Deny the Request

 

C.     Consider a Resolution to Approve the Fiscal Year 2008/09 Spending Plan for the Pacific Grove Hospitality Improvement District (PGHID)

On December 19, 2007, the City Council established the Pacific Grove Hospitality District (PGHID).  The Council will consider a Resolution appointing an advisory board, approving a plan to spend the assessment proceeds, and contracting with the Chamber of Commerce for administration of the proceeds.

Reference:   Jim Becklenberg, Director of Management and Budget

Recommended Actions: 

1)   Adopt a Resolution appointing an advisory board, approving the Fiscal Year 2007/08 annual report, and approving the Fiscal Year 2008/09 budget for the PGHID; and

2)   Authorize the City Manager to execute a contract with the Pacific Grove Chamber of Commerce to administer the approved PGHID budget.

 

D.    Receive an Update on the Cable Franchise with Regards to Public, Educational, Government Access (PEG) and the Options for Broadcasting City Council Meetings and Other Meetings as Appropriate from the City Council Chambers

Council will receive a report providing an update on the cable franchise and the options available to the City for meeting broadcasts using PEG funds and other funds as available.

Reference:   Celia Perez Martinez, Business Manager

Recommended Action:  Receive the report and provide direction to staff

 

9.      REPORTS OF COUNCIL MEMBERS

A.    Consider the Appointment of a Member to the Museum Board and the Cultural Arts Commission

Council will consider the Mayor’s recommended appointments to the City’s Museum Board and Cultural Arts Commission to fill current vacancies.

Reference:  Mayor Cort

Recommended Action:            Approve the appointment of Judy Wills to the Museum Board and Suzanne Joyce to the Cultural Arts Commission

 

B.     Receive a Report Regarding Measure C, which Limits Development Related to Lodging Establishments

Council Members Bennett and Cohen were chosen to work as a sub-committee to review the impacts of Measure C on lodging establishments within the City.  They will provide a verbal report on their findings to date, and seek input from the Council on the next steps.

Reference:  Council Members Bennett and Cohen

Recommended Action:            Receive the report and provide direction

 

C.     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

 

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

 

10.  ITEMS REMOVED FROM CONSENT AGENDA

 

11.  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(A), Council will meet in Closed Session with Legal Counsel to Consider Existing Litigation

B.                       Cameron White v. City of Pacific Grove, Workers’ Compensation Appeals Board (SAL -------- (2004))

 

C.     Pursuant to California Government Code Section 54957.6 Council will Meet in Closed Session with its Designated Representative, James J. Colangelo, Regarding Labor Negotiations: Firefighters Association

 

12.  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.