NOTICE OF REGULAR MEETING

PACIFIC GROVE CITY COUNCIL

MEETING AGENDA

Wednesday, November 5, 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. One motion will cover all items on the Consent Agenda. The motion to approve will authorize the action or recommendation indicated. Pursuant to City Council Policy No. 000-14 a Councilmember, member of the audience or staff may request that an item be placed on the regular agenda for further discussion. )

1. APPROVAL OF CITY COUNCIL MEETING MINUTES

A. Minutes of the October 15, 2008 City Council Meeting

Recommended Action: Approve

2. REPORTS OF STAFF

A. Highlights of the October 17, 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. Receive Quarterly Treasurer's Report

The City's charter requires that a Quarterly Treasurer's Report be delivered to Council.

Reference: Jim Becklenberg, Director of Management and Budget

Recommended Action: Receive the Report

C. Claim for Damages No. G2008-22 / COILE, Russell C.

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. L2008-13 / BAKER, F. Darlene

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

3. REPORTS OF COMMISSIONS, BOARDS, AND STANDING COMMITTEES

A. Meeting Minutes of the October 8, 2008 Administrative Enforcement Hearing Officer Panel

Recommended Action: Receive

B. Meeting Minutes of the October 22, 2008 Administrative Enforcement Hearing Officer Panel

Recommended Action: Receive

C. Meeting Minutes of the October 14, 2008 Architectural Review Board Site Review

Recommended Action: Receive

D. Meeting Minutes of the October 14, 2008 Architectural Review Board

Recommended Action: Receive

E. Meeting Minutes of the October 9, 2008 Housing Committee

Recommended Action: Receive

F. Meeting Minutes of the October 16, 2008 Planning Commission

Recommended Action: Receive

G. Meeting Minutes of the October 23, 2008 Planning Commission Special Meeting

Recommended Action: Receive

H. Meeting Minutes of the September 9, 2008 Traffic Safety Commission

Recommended Action: Receive

I. Meeting Minutes of the September 16, 2008 Traffic Safety Commission Special Meeting

Recommended Action: Receive

REGULAR AGENDA

4. 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 Second Reading and Consider Adoption of an Ordinance to Delete Chapters 4.08 and 4.10 of the Pacific Grove Municipal Code

On October 15, 2008 Council introduced and held a first reading of an Ordinance to Delete Chapters 4.08 and 4.10 of the Pacific Grove Municipal Code. Council will hold the second reading and consider adoption of the Ordinance. If adopted, the Ordinance will go into effect December 16, 2008.

Reference: Council Member Bennett

Recommended Action: Adopt the Ordinance

5. REPORTS OF BOARDS, COMMISSIONS AND STANDING COMMITTEES

A. Administrative Enforcement Hearing Officers Panel

B. Americans with Disabilities Act Compliance Advisory Committee

C. Architectural Review Board

D. Beautification and Natural Resources Committee

E. Budget and Finance Subcommittee

F. Cultural Arts Commission

G. Economic Advisory Committee

H. Historic Resources Committee

I. Housing Committee

J. Library Board

K. Museum Board

L. Planning Commission

M. Recreation Board

N. Special Events Committee

O. Traffic Safety Commission

P. Monterey County Commission on Disabilities

6. OLD BUSINESS

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

On October 1, 2008 Council requested the subcommittee to meet with the Monterey County Office of Education and Access Monterey Peninsula (AMP) and to bring back recommendations as a result.

Reference: Council Member Nilmeier

Recommended Action: Receive recommendations

7. NEW BUSINESS

A. Consider a Resolution Approving a Methodology for Allocating the Remaining Monterey Peninsula Water Management District (MPWMD) Water Allocation for Pacific Grove, and Introduce and Hold a First Reading of a Draft Ordinance Creating an In-Lieu Fee for Use of Public Water Credits

Council will consider a Resolution approving a methodology for allocating the remaining (MPWMD) water allocation for Pacific Grove, and introduce and hold a first reading of a draft Ordinance creating an in-lieu fee for use of public water credits. The Council may approve or reject the first reading of the Ordinance. Council may direct that publication of the Ordinance may be satisfied by publication of a summary, approved by the City Attorney. If the Ordinance is approved, a second reading shall be set at the next Council meeting.

Reference: Chief Planner Lynn Burgess

Recommended Actions:

(1) Adopt Resolution approving a methodology for allocating the remaining (MPWMD) water allocation for Pacific Grove; and

(2) Hold a first reading of an Ordinance creating an in-lieu fee for use of public water credits.

B. Receive an Update on the Budget and Financial Forecast and Introduce and Hold a First Reading of an Ordinance Ratifying Expenditures in FY 2007/08 and Amending the Approved Budget of the City of Pacific Grove for FY 2008/09

Council will receive a report on financial results from last fiscal year, the status of the current year’s budget, and the updated five-year financial forecast. Council will also consider introducing and holding a first reading of an Ordinance ratifying expenditures in FY 2007/08 and amending the approved Budget of the City of Pacific Grove for FY 2008/09. Council may approve or reject the first reading of the Ordinance. If the Ordinance is approved, a second reading shall be set at the next Council meeting.

Reference: Jim Becklenberg, Director of Management and Budget

Recommended Actions:

(1) Receive the report.

(2) Introduce an ordinance that

(a) Ratifies the FY 2007/08 expenditures that exceeded appropriations for the following funds:

i. Tax and Revenue Anticipation Note (TRAN) Fund: $27,750

ii. Gasoline Tax Fund: $25,512

iii. Public Safety Augmentation Fund: $32,531

iv. Employee Benefits Fund: $7,719

(b) Amends the FY 2007/08 budget in the following ways:

i. Increases the budget in the General Fund for the Fire Department by $137,243

ii. Increases the budget in the Fire Emergency Equipment Fund by $12,500.

iii. Increases the expenditure budget in the Supplemental Law Enforcement Support Fund (SLESF) by $6,707.

iv. Increase the expenditure budget in the Poetry Promotion Fund by $143,920.

v. Increase the budgeted amount of transfers from the General fund to other funds by $13,425

vi. Increase the budgeted expenditures in the Business Improvement District (BID) Fund by $13,425

(3) Authorize the City Manager to amend the contract with the Chamber of Commerce to administer the addition $13,425 for purposes described in this report.

C. Provide Direction to Staff to Prepare Resolution Regarding Use of Measure U Funds

Council will discuss and provide direction to staff to prepare a Resolution regarding use of Measure U funds, the tax measure approved by voters in the June 3, 2008 special municipal election.

Reference: Council Member Davis

Recommended Action: Provide direction to staff

D. Receive Report and Review Recommendations of Personnel Ordinance Subcommittee and Dissolve the Subcommittee

Council will receive the report and review the recommendations of the subcommittee formed by Council at their February 20, 2008 meeting to consider revisions to the Personnel Ordinance. Council will also consider the dissolution of the subcommittee.

Reference: Council Member Davis

Recommended Actions: Receive the report, review recommendations and dissolve the subcommittee.

E. Provide Input into Preparation of a Council Code of Ethics and Protocols Manual

Council will provide input into preparation of a Code of Ethics and Protocols Manual based on a questionnaires previously provided in Agenda packets.

Reference: Council Member Bennett

Recommended Actions: Provide input

F. Consider Holding a First Reading and Introduce an Ordinance Amending the Municipal Code to Exempt Public Urban Runoff and Storm Water Management Facilities from the City’s Sewage Collector System Fee

Council will consider introducing and holding a first reading an Ordinance amending the Municipal Code to exempt public urban runoff and storm water management facilities from the City’s sewage collector system fee. Council may approve or reject the first reading of the Ordinance. If the Ordinance is approved, 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

G. Consider Holding a First Reading and Introduce an Ordinance to Amend and Codify the City’s Conflict-of-Interest Code

Council will consider introducing and holding a first reading of an Ordinance to Amend and Codify the City’s Conflict-of-Interest Code. Council may approve or reject the first reading of the Ordinance. If the Ordinance is approved, a second reading shall be set at the next Council meeting.

Reference: City Attorney Laredo

Recommended Action: Hold 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 and 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 54956.8, 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

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.