NOTICE OF REGULAR MEETING

PACIFIC GROVE CITY COUNCIL

MEETING AGENDA

Wednesday, November 19, 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 November 5, 2008 City Council Meeting

Recommended Action:             Approve

 

2.      RESOLUTIONS

A.    Consider a Resolution Authorizing Examination of Sales, Transactions, and Use Tax Records

Council will consider a Resolution authorizing the examination of sales, transactions and use tax records.  The State Board of Equalization requires a Resolution from the local jurisdiction giving permission to view the records.

Reference:  Director of Management and Budget Jim Becklenberg

Recommended Action:  Adopt the Resolution

 

B.     Consider a Resolution Authorizing the City Manager to Enter into a Contract with the Lowest Responsible Bidder for the Installation of a Flashing Lighted Crosswalk on Sunset Avenue at 19th Street

Council will consider a Resolution authorizing the City Manager to enter into a contract with Monterey Peninsula Engineering, the lowest responsible bidder for the installation of a flashing lighted crosswalk on Sunset Avenue at 19th Street. 

Reference:  Celia Perez Martinez, Business Manager

Recommended Action:  Adopt the Resolution

 

3.      REPORTS OF STAFF

A.    Authorize City Arborist to Issue Tree Removal Permit in Monarch Butterfly Habitat Zone at 283 Grove Acre Avenue, a Private Residence

Council will consider authorizing the City Arborist to issue a tree removal permit for 283 Grove Acre Avenue.  Council action is required as it is within 100 yards of the Monarch Butterfly Sanctuary and it is currently Monarch Butterfly season.

Reference:  Celia Perez Martinez, Business Manager

Recommended Action:  Approve authorization

 

B.     Consider Approval of Rental Agreement with County Ambulance Service Provider

Council will consider approving a rental agreement with American Medical Response (AMR).  This action is necessary due to the change in County ambulance providers from West-Med to AMR. 

Reference:   Fire Chief Miller

Recommended Action:  Approve the Agreement

 

4.      REPORTS OF COMMISSIONS, BOARDS, AND STANDING COMMITTEES

A.    Meeting Minutes of the September 23, 2008 Budget and Finance Committee

             Recommended Action:  Receive

B.     Meeting Minutes of the November 12, 2008 Historic Resources Board Site Review

             Recommended Action:  Receive

C.     Meeting Minutes of the November 12, 2008 Historic Resources 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.    Hold a Public Hearing to Review the Planning Commission’s Approval of Use Permit No. 2975-08 to Demolish and Reconstruct More than Twenty-Five Percent of a Non-Conforming Use Pursuant to Municipal Code Section 23.68.050(c)

On October 15, 2008 Council called up the Planning Commission’s approval of Use Permit No. 2975-08.  Council will review that decision and consider staff’s recommendation to deny the Use Permit.

Reference: Sarah Hardgrave, Senior Planner

Recommended Actions: 

(1)   Hold the Public Hearing; and

(2)   Deny the Use Permit.

 

B.     Hold a Second Reading of an Ordinance Creating an In-Lieu Fee for Use of Public Water Credits

On November 5, 2008 Council introduced and held a first reading of an Ordinance creating an in-lieu fee for use of public water credits. Council will hold the second reading and consider adoption of the Ordinance.  If adopted, the Ordinance will go into effect on November 24, 2008.

Reference: Chief Planner Lynn Burgess

Recommended Action:  Adopt the Ordinance

 

C.     Hold a Second 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  

On November 5, 2008 Council introduced and held 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 hold the second reading and consider adoption of the Ordinance.  If adopted, the Ordinance will go into effect 30 days from the date of adoption.

Reference:   Jim Becklenberg, Director of Management and Budget

Recommended Actions:  Adopt the Ordinance

 

D.    Hold a Second Reading of an Ordinance Amending the Municipal Code to Exempt Public Urban Runoff and Storm Water Management Facilities from the City’s Sewage Collector System Fee

On November 5, 2008 Council introduced and held a first reading of 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 hold the second reading and consider adoption of the Ordinance.  If adopted, the Ordinance will go into effect 30 days from the date of adoption.

Reference:   Jim Becklenberg, Director of Management and Budget

Recommended Actions:  Adopt the Ordinance

 

E.     Hold a Second Reading of an Ordinance to Amend and Codify the City’s Conflict-of-Interest Code

On November 5, 2008 Council introduced and held a first reading of an Ordinance to Amend and Codify the City’s Conflict-of-Interest Code. Council will hold the second reading and consider adoption of the Ordinance.  If adopted, the Ordinance will go into effect 30 days from the date of adoption.

Reference:   City Attorney Laredo

Recommended Action:  Hold first reading of the Ordinance

 

6.      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

 

7.      OLD BUSINESS

A.    Consider a Draft Council Code of Ethics and Protocols Manual

On November 5, 2008, Council Member Bennett introduced a Council Code of Ethics and Protocols Manual, entitled “The Pacific Grove Council Manual of Procedures.” Council will consider a draft Council Code of Ethics and Protocols Manual as prepared by staff.

Reference:  City Manager Colangelo

Recommended Action: Provide direction to staff to finalize the document for consideration by the new Council in December

 

8.      NEW BUSINESS

A.    Receive a Report and Provide Staff with Guidelines for the Expenditure of Funds Resulting from the Jeanette McIndoo Estate Bequest

Council will receive a report and consider recommendations by staff and the Beautification and Natural Resources Committee for the utilization of a bequest from the Jeanette McIndoo Estate for the beautification, and enhancement of parks and public facilities in Pacific Grove.

Reference:   Celia Perez Martinez, Business Manager

Recommended Action: Receive report and approve staff recommendations

 

B.     Consider Authorizing the Museum Manager to Redesign the Museum’s Natural History Garden Walkway

Council will consider authorizing the Museum Manager to revise the Council-approved redesign of the Museum’s Natural History Garden Walkway and return that design to Council for approval.

Reference:   Lori Mannel, Museum Manager

Recommended Action:  Authorize the Museum Manager to redesign the Walkway.

 

C.     Consider a Resolution Amending City Council Policy 200-5 to Reflect AAM Guidelines, Previous AAM Recommendations, the New PG Museum Mission, and the Deletion of the Museum Director Position

Council will consider a Resolution amending Council Policy 200-5 to reflect AAM guidelines, previous AAM recommendations, the new PG Museum Mission, and the deletion of the Museum Director position.

Reference:   Lori Mannel, Museum Manager

Recommended Action:  Adopt the Resolution

 

D.    Consider the Issuance of Permits to Keep up to Four (4) Hens at 60 Companion Way and to Keep up to Three (3) Hens at 1127 Del Monte Boulevard

Council will consider the issuance of permits to keep hens at the addresses indicated above.  An Administrative Permit had been previously granted. An appeal of the permits has been filed which necessitates action by the Council.

Reference: City Manager Colangelo

Recommended Action:  Approve the Permits

 

E.     Consider Approval of the Submittal of a California State Department of Parks and Recreation (DPR) Per Capita Grant Project Application for Improvements to Lover’s Point Park

Council will consider approval of the submittal of a California State DPR Per Capital Grant Project Application for improvements to Lover’s Point Park, which are integrally tied to the Bath House Remodel Project.

Reference:   Sarah Hardgrave, Senior Planner

Recommended Action:  Approve submittal of grant application

 

F.      Consider a Resolution Approving a Memorandum of Understanding with the General Employees Association

Council will consider a Resolution approving a Memorandum of Understanding with the General Employees Association

Reference:   City Manager Colangelo

Recommended Action: Adopt the Resolution

 

G.    Consider a Resolution Approving an Employment Agreement for City Manager 

Reference:  City Manager Colangelo

Recommended Action: Adopt the Resolution

 

H.    Consider an Ordinance Amending the City’s Classification Plan Establishing, Deleting, and Amending Current Job Specifications and Amending Current Salary Schedules Accordingly

Council will consider an Ordinance amending the City’s classification plan establishing, deleting, and amending current job specifications and amending current salary schedules accordingly.

Reference:   Deputy City Manager Wiseman

Recommended Action:  Approve the proposed amendments to the City’s Classification Plan and Salary Ordinances

 

9.      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)

 

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 54957 the City Council will Meet in Closed Session to Consider Public Employment: City Manager

 

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.