NOTICE OF REGULAR MEETING

PACIFIC GROVE CITY COUNCIL

MEETING AGENDA

Wednesday, October 1, 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.

 

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 September 17, 2008 City Council Meeting

Recommended Action:             Approve

 

 

2.      RESOLUTIONS

A.    Consider a Resolution Declaring October 6 Through October 10, 2008 as Rideshare Week in Pacific Grove

Council will consider a request from the Association of Monterey Bay Area Governments (AMBAG) to adopt a Resolution declaring the week of October 6 through October 10, 2008 as Rideshare Week in Pacific Grove. 

Reference:   City Manager Colangelo

Recommended Action:  Adopt the Resolution

 

3.      REPORTS OF STAFF

A.    Consider Approval of a Letter Submitting an Addendum to the City’s Response to the 2007 Grand Jury Report

The Grand Jury has requested further explanation of the City’s response to Recommendation 5.2 from the 2007 Grand Jury Report. Council will consider approval of both the letter and the attached addendum.

Reference:   City Manager Colangelo

Recommended Action:  Approve the Letter and Addendum

 

B.     Consider Approval of Renewal of Contract with City Attorney

Council will consider approval of a renewal of the contract to continue retention of David C. Laredo, of De Lay & Laredo, as City Attorney. 

Reference: City Attorney Laredo

Recommended Action:  Approve renewal of the contract

 

C.     Notification to Council of the Need to Amend City’s Conflict of Interest Code

The Political Reform Act requires each city to review its conflict of interest code biennially and notify the City Council whether it needs to be amended. Council will consider approval the amending of the City’s conflict of interest code as recommended by staff.

Reference:   City Attorney Laredo

Recommended Action:  Approve Amendment of Conflict of Interest Code

 

D.    Consider Providing Permission to Jessica Griffiths, Wildlife Biologist in Conjunction with the Ventana Wildlife Society to Tag Monarch Butterflies in the Pacific Grove Monarch Sanctuary, George Washington Park and on Private Property (with Owner’s Permission)

Council will consider providing permission to Jessica  Griffiths, Wildlife Biologist in conjunction with the Ventana Wildlife Society to tag Monarch Butterflies in the Pacific Grove Monarch Sanctuary, George Washington Park and on private property (with owner’s permission).

Reference:   Public Works Business Manager, Celia Perez Martinez Recommended Action:  Provide Permission

 

E.     Claim for Damages No. G2008-19 / PARKS, Janet M.

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 Actions: 

1)      Approve claim and refer the matter back to staff; and

2)      Direct Pacific Grove Golf Course staff to bring a small claims action in the sum of $167.13 against Ramie Salameh, the golfer causing damage.

 

F.      Highlights of the September 19, 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

 

4.      REPORTS OF COMMISSIONS, BOARDS, AND STANDING COMMITTEES

A.    Meeting Minutes of the September 23, 2008 Architectural Review Board Site Review

 Recommended Action:  Receive

B.     Meeting Minutes of the September 23, 2008 Architectural Review Board

 Recommended Action:  Receive

C.     Meeting Minutes of the September 16, 2008 Planning Commission Site Review

             Recommended Action:  Receive

D.    Meeting Minutes of the September 18, 2008 Planning Commission

             Recommended Action:  Receive

E.     Meeting Minutes of the August 12, 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.)

 

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  Approving a Contract With the City of Monterey to Provide Fire Protection Services to the City of Pacific Grove

Council will consider a Resolution approving a contract for the merger of the Pacific Grove and City of Monterey Fire Departments.

Reference:  Fire Chief Miller

Recommended Action:  Adopt the Resolution

 

B.     Receive Recommendations from Council Subcommittee on the Use of Public, Educational, and Government (PEG) Funds from the Cable Franchise

On June 18, 2008 Council directed the formation of a Council subcommittee to review and consider options for an agreement to provide broadcast coverage of City Council meetings.  Council will receive and consider recommendations from the subcommittee.

Reference:  Council Member Nilmeier

Recommended Action:  Receive recommendations and take appropriate actions.

 

8.      REPORTS OF COUNCIL MEMBERS

A.    Consider the Appointment of Members to the Housing Committee, Recreation Board, and Traffic Safety Commission

Council will consider approval of the Mayor’s recommendation of the appointment of Jim Bolger to the Housing Committee, Molly Laughlin to the Recreation Board, and Winston Elstob to the Traffic Safety Commission.

Reference:  Mayor Cort

Recommended Action:  Approve the Appointments

 

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)

 

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 54956.8, Council will Meet in Closed Session with its Real Property Negotiator, Jim Colangelo, Regarding 620 Ocean View Boulevard

 

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 54956.9, Council will Meet in Closed Session with Legal Counsel to Consider Pending Litigation

                                                                    i.      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

 

 

 

 

 

 

 

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.