NOTICE OF REGULAR MEETING

PACIFIC GROVE CITY COUNCIL

MEETING AGENDA

Wednesday, July 2, 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 Feast of Lanterns Court

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 18, 2008 City Council Meeting

Recommended Action: Approve

2. RESOLUTIONS

A. Consider a Resolution Declaring the Results of the June 3, 2008 Municipal Election

State law and the City Charter require the City Council to canvass returns and declare election results. This action is based upon the Certification of Statement of the Registrar of Voters.

Reference: City Manager Colangelo

Recommended Action: Adopt the Resolution

B. Consider a Resolution Authorizing the City Manager to Execute Agreements with the State Board of Equalization for Implementation of a Local Transactions and Use Tax

Council will consider a Resolution authorizing the City Manager to execute agreements with the State Board of Equalization for implementation of a local transactions and use tax approved at the June 3, 2008 election.

Reference: Jim Becklenberg, Director of Management and Budget

Recommended Action: Adopt the Resolution

C. Consider a Resolution Calling for a Municipal Election, Consolidating the Election with the November 4, 2008 Statewide General Election, and Requesting Monterey County Elections Officials Complete Election Tasks

The Council will consider a Resolution, which calls for a General Municipal Election to be held on November 4, 2008, and requests the Monterey County Elections Department to provide for consolidation of the election with the general statewide election on that day.

Reference: City Manager Colangelo

Recommended Action: Adopt the Resolution

D. Consider a Resolution Authorizing the City Manager to Enter Into a Lease Agreement for the Purchase of Equipment for Wastewater Division for the City of Pacific Grove

Council will consider a Resolution which authorizes the City Manager to enter into a lease purchase agreement to acquire a New Vactor V-Series Ramjet Machine for the City of Pacific Grove.

Reference: Celia Perez Martinez, Business Manager, Public Works

Recommended Action: Adopt the Resolution

3. REPORTS OF STAFF

A. Designate a Voting Delegate and Alternate for the 2008 League Of California Cities Annual Conference

Council will designate a voting delegate and an alternate to attend the League of California Cities annual conference. The League requires that each City designate members to vote on League issues during the Business Session of the conference.

Reference: City Manager Colangelo

Recommended Action: Designate a voting delegate and alternate

B. Consider Approval of a Cover Page for City Council Agendas

At the Council meeting of May 21, 2008, Council requested that staff draft a cover page for the Council Agenda. The proposed informational cover page would include data and instructions to assist participation by the public.

Reference: City Manager Colangelo

Recommended Action: Approve using cover page for Agenda

4. REPORTS OF COMMISSIONS, BOARDS, AND STANDING COMMITTEES

A. Meeting Minutes of the June 24, 2008 Architectural Review Board

Recommended Action: Receive

B. Meeting Minutes of the May 29, 2008 Cultural Arts Commission Special Meeting

Recommended Action: Receive

C. Meeting Minutes of the June 19, 2008 Planning Commission

Recommended Action: Receive

D. Meeting Minutes of the April 8, 2008 Recreation Board

Recommended Action: Receive

E. Meeting Minutes of the April 8, 2008 Traffic Safety 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 a Second Reading and Adopt an Ordinance to Amend the Fiscal Year 2008/09 Budget

On June 18, 2008 Council introduced an Ordinance to Amend the Fiscal Year 2008/09 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

B. Hold a Public Hearing on a Second Reading and Adopt an Ordinance to Amend the Municipal Code to Allow for a Single “Master” Business License for Farmers Participating in the Pacific Grove Farmers Market

On June 18, 2008 Council introduced an Ordinance to amend the Municipal Code to allow for a single “Master” business license for farmers participating in the Pacific Grove Farmers Market. 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

C. Hold a Second Reading of an Ordinance to Amend Section 14.12.010 of the Municipal Code to Modify Rules to Play the Pacific Grove Golf Course

On June 18, 2008 Council introduced an Ordinance to amend Section 14.12.010 of the Municipal Code to modify rules to play the Pacific Grove Golf Course. 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. NEW BUSINESS

A. Receive a Presentation from the Monterey Peninsula Water Management District (MPWMD) on the District’s “95-10 Project”

Council will receive a presentation from representatives from MPWMD on the District’s “95-10 Project,” concerning a seawater desalination facility in the Sand City/Fort Ord Area.

Reference: City Manager Colangelo

Recommended Action: Receive the Presentation

B. Consider Proposal to Place a Referendum on the November 2008 Ballot on the California Public Employees Retirement System (CalPERS) Issue

Council will consider a proposal to place a referendum on the November 2008 Ballot which would allow voters to express, through the ballot box, their advisory opinion on whether or not the City should terminate its defined benefit retirement plan with CalPERS and replace it with a defined contribution retirement plan similar to a 401(k) plan.

Reference: Council Members Davis

Recommended Action: Approve placing the referendum on the November ballot.

C. Consider Introduction and First Reading of an Ordinance to Amend Section 4.20.410 of Title 4.20 (Personnel System, Rules and Regulations) of the Pacific Grove Municipal Code

Council will consider the introduction and first reading of an Ordinance to amend Section 4.20.410 of Title 4.20 (Personnel System, Rules and Regulations) of the Pacific Grove Municipal Code.

Reference: Council Members Davis and Stilwell

Recommended Action: Hold the first reading of the Ordinance

D. Receive a Status Report on City of Pacific Grove Water Waiting List

Council has requested an update on the status of the Pacific Grove Water Waiting List. Following receipt of the report Council will provide direction to staff.

Reference: Lynn Burgess, Chief Planner

Recommended Action: Receive status report and provide Council direction on this matter.

E. Receive a Report on the California Nevada Methodist Homes Forest Hill Manor Quarterly Water Usage Monitoring

Council will Receive a report on the quarterly water usage monitoring at Forest Hill Manor pursuant to the Water Use Agreement between California Nevada Methodist Homes (CNMH) and the City of Pacific Grove.

Reference: Lynn Burgess, Chief Planner

Recommended Action: Receive the Report

F. Consider Introduction and First Reading of an Ordinance Enabling the City to Accept an Open Space Easement for Property Located at 472 Asilomar

Council will consider introduction and first reading of an Ordinance to accept an Irrevocable Offer to Dedicate an Open Space Easement for property located at 472 Asilomar, Pacific Grove, CA. Council may approve or reject the first reading of the Ordinance. If approved, a summary of the Ordinance shall be published and a second reading shall be set at the next Council meeting.

Reference: Lynn Burgess, Chief Planner

Recommended Action: Hold a first reading of the Ordinance

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 the City Council will Meet in Closed Session to Consider Pending Litigation

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

B. Pursuant to California Government Code Section 54957(b)(1) the City Council will Meet in Closed Session to Evaluate the Performance of the City Manager

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.