EMBLMNOTICE OF REGULAR MEETING

PACIFIC GROVE CITY COUNCIL

MEETING AGENDA

Wednesday, July 16, 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.

NOTE:      Council Member Vicki Stilwell will be participating in tonight’s meeting remotely by speakerphone from her location at:

3453 Champlain Drive
South Lake Tahoe, CA
Phone: 530-541-1894

 

APPROVAL OF AGENDA

 

COUNCIL AND STAFF ANNOUNCEMENTS

A.     Council Referral Update

A.     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 July 2, 2008 City Council Meeting

Recommended Action:   Approve

 

2.      RESOLUTIONS

A.     Consider a Resolution Authorizing the City Manager to Enter into a Contract with the Lowest Responsible Bidder for the Pacific Grove Recreation Trail Bluff Repairs

Council will consider a Resolution authorizing the City Manager to enter into a contract for repairs to the Pacific Grove Recreation Trail Bluff. 

Reference: Celia Perez Martinez, Business Manager

Recommended Action: Adopt the Resolution

 

3.      REPORTS OF STAFF

A.  Highlights of the June 20, 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. G2008-08 / BYWATER, Florence

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: Charlene Wiseman, Deputy City Manager

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

 

C.     Claim for Damages No. G2008-09 / HUBB, Gary 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.  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: Charlene Wiseman, Deputy City Manager

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

 

D.     Claim for Damages No. G2008-10 / HUNTER, Matthew

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: Charlene Wiseman, Deputy City Manager

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

 

E.      Claim for Damages No. G2008-11 / WARTENBERG, Mary Len

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: Charlene Wiseman, Deputy City Manager

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

 

F.      Claim for Damages No. L-2008-05 / SCHARINGER, Helga

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: Charlene Wiseman, Deputy City Manager

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

 

4.      REPORTS OF COMMISSIONS, BOARDS, AND STANDING COMMITTEES

A.     Meeting Minutes of the June 12, 2008 Housing Committee

             Recommended Action:  Receive

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

             Recommended Action:  Receive

C.     Meeting Minutes of the July 8, 2008 Architectural Review Board

             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.       1)   Hold a Public Hearing on a Second Reading of an Ordinance to Accept an Irrevocable Offer to Dedicate an Open Space Easement, Recorded Instrument No. 1987-51597 (CDP No. 3-85-56) Executed by William H. McKaig, Jennie R. McKaig, Bruce Beall McKaig and Hazel Hiller McKaig, Which will Expire on August 20, 2008, for Property Located at 472 Asilomar (APN 007-072-025 and – 026); and

2)   Authorize the Mayor to Sign the Certificate of Acceptance; and

3)   Direct the City Clerk to Submit the Signed Certificate of Acceptance to the County Recorder for Filing/Recordation.

On July 2, 2008 Council introduced an Ordinance to accept an Irrevocable Offer to Dedicate an Open Space Easement, recorded instrument no. 1987-51597 (CDP no. 3-85-56) executed by William H. McKaig, Jennie R. McKaig, Bruce Beall McKaig and Hazel Hiller McKaig for property located at 472 Asilomar (APN 007-072-025 and – 026). If adopted, the Ordinance will go into effect 30 days from the date of adoption.

Reference: Sarah Hardgrave, Senior Planner

Recommended Actions:

1)   Adopt the Ordinance.

2)   Authorize the Mayor to sign the Certificate of Acceptance.

3)   Direct the City Clerk to submit the signed Certificate of Acceptance to the County Recorder for filing/recordation.

 

B.     Hold a Public Hearing on a Second 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

On July 2, 2008 Council introduced an Ordinance to amend Section 4.20.410 of Title 4.20 (Personnel System, Rules and Regulations) of the Pacific Grove Municipal Code.  If adopted, the Ordinance will go into effect 30 days from the date of adoption.

Reference:  Council Members Davis and Stilwell

Recommended Action:  Adopt the Ordinance

 

C.     Hold a Public Hearing to Consider an Appeal of a Use Permit to Allow a Farmers’ Market on Lighthouse Avenue Between Forest Avenue and 18th Street on Mondays

Council will hold a public hearing to consider an appeal of a Use Permit to allow a Farmers’ Market on Lighthouse Avenue between Forest Avenue and 18th Street, on Mondays. An alternative location has also been noticed for the City Council’s consideration, on Lighthouse Avenue from 13th Street to 15th Street. An alternative day, Saturday, has also been noticed for the Council’s consideration. 

Reference: Sarah Hardgrave, Senior Planner

Recommended Action: Deny the appeal and approve the Use Permit

 

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 to Place a Referendum on the November 4, 2008 Ballot on the CalPERS Issue

Council will consider a proposal to place a referendum on the November 4, 2008 ballot on the CalPERS issue 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 the California Public Employees Retirement System (CalPERS) and replace it with a defined contribution plan similar to a 401(k) plan. The Council, if it chooses to place the advisory measure on the November 4, 2008 ballot, shall also adopt the draft Resolution as presented, or as that draft may be modified to conform to other direction of the Council. 

Reference:  Council Member Lisa Bennett

Recommended Action: Adopt the Resolution

 

B.     Receive a Report and Consider a Draft City Council Policy Providing Heightened Code Enforcement of Substandard Housing and Resources to At-Risk Tenants

Council will receive a report and consider a proposed Council policy providing heightened code enforcement of substandard housing and resources to at-risk tenants per direction given to staff at the Council meeting of May 7, 2008.

Reference:  Julie Uretsky, Housing Planner

Recommended Action:   Receive report and provide direction to staff on the proposed policy and draft resolution and ordinance.

 

8.      NEW BUSINESS

A.     Consider a Request from Library Board for Council Support

Council will consider a request from the Pacific Grove Library Board to:

1)   Agree that a strategic plan for the Pacific Grove Library should be developed;

2)   Participate in whatever fashion is appropriate in the development of the plan;

3)   Commit to review the completed plan and to take its recommendations into account in future city planning.

Reference: Council Member Lisa Bennett

Recommended Actions:

1)   Agree that a strategic plan for the Pacific Grove Library should be developed; and

2)   Participate in whatever fashion is appropriate in the development of the plan; and

3)   Commit to review the completed plan and to take its recommendations into account in future city planning.

 

9.      REPORTS OF COUNCIL MEMBERS

 

A.     Consider the Appointment of an Alternate Member to the Transportation Agency of Monterey County (TAMC) Bicycle and Pedestrian Facilities Advisory Committee

Council will consider approval of the appointment of Jan Roehl Transportation Agency of Monterey County (TAMC) Bicycle and Pedestrian Facilities Advisory Committee.

Reference:  Mayor Cort

Recommended Action: Approve the appointment

 

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 County Convention & Visitors Bureau  

·        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)

 

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 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 the City Council will Meet in Closed Session to Consider Public Employment: City Manager

 

C.        Pursuant to California Government Code Section 54957 the City Council will Meet in Closed Session to Consider Public Employment: City Attorney

 

D.        Pursuant to California Government Code Section 54957.6 the City Council will Meet in Closed Session with its Designated Representative, James J. Colangelo, Regarding Labor Negotiations: General Employees’ Association

 

E.         Pursuant to California Government Code Section 54956.95 the City Council will Meet in Closed Session to Consider Workers Compensation Case Summary and Settlement Recommendation

                                                                    i.      Claim No.  2007063399 / PAGNELLA,  Joseph

                                                                  ii.      Claim No. 2005032903 / PURDOM, John

 

 

 

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.