NOTICE OF REGULAR MEETING

PACIFIC GROVE CITY COUNCIL

MEETING AGENDA

Wednesday, December 3, 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.

 

ELECTION DECLARATION AND SEATING OF NEWLY ELECTED OFFICIALS:

1.      DECLARATION OF ELECTION RESULTS:

A.    Consider a Resolution Declaring the Results of the General Municipal Election Held in Pacific Grove on November 4, 2008

Reference:  City Clerk Charlene Wiseman

Recommended Action:              Approve Resolution Declaring the Results of the November 4, 2008 General Municipal Election

 

2.      SEATING OF NEWLY ELECTED OFFICERS:

A.    Comments by Outgoing Council Members

Reference: Council Members Nilmeier, Davis and Miller

B.     Oath of Office for Newly Elected Officers

Reference:  City Clerk Charlene Wiseman

C.     Selection of the Mayor Pro Tempore

Reference:  Mayor Cort

Recommended Action:              Select and approve the appointment of the Mayor Pro Tempore

 

PRESENTATIONS

Presentations of Appreciation to Outgoing Council Members

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. 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.  )

3.      APPROVAL OF CITY COUNCIL MEETING MINUTES

A.    Minutes of the November 19, 2008 City Council Special Meeting

Recommended Action:             Approve

B.     Minutes of the November 19, 2008 City Council Meeting

Recommended Action:              Approve

C.     Minutes of the November 21, 2008 City Council Special Meeting

Recommended Action:              Approve

 

4.      REPORTS OF STAFF

A.    Claim for Damages No. G2008-23 / Wartenberg, Mary L.

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.

 

B.     Highlights of the November 21, 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

 

5.      REPORTS OF COMMISSIONS, BOARDS, AND STANDING COMMITTEES

A.    Minutes of the June 25, 2008 ADA Compliance Advisory Committee

Recommended Action:              Approve

B.     Minutes of the August 27, 2008 ADA Compliance Advisory Committee

Recommended Action:              Approve

C.     Minutes of the September 24, 2008 ADA Compliance Advisory Committee

Recommended Action:              Approve

D.    Minutes of the October 28, 2008 Architectural Review Board Site Review

Recommended Action:              Approve

E.     Minutes of the October 28, 2008 Architectural Review Board

Recommended Action:              Approve

F.      Minutes of the November 13, 2008 Architectural Review Board Special Meeting Site Review

Recommended Action:              Approve

G.    Minutes of the November 13, 2008 Architectural Review Board Special Meeting

Recommended Action:              Approve

H.    Minutes of the November 4, 2008 Planning Commission Site Review

Recommended Action:              Approve

I.       Minutes of the November 6, 2008 Planning Commission

Recommended Action:              Approve

J.       Minutes of the November 18, 2008 Planning Commission Site Review

Recommended Action:              Approve

K.    Minutes of the November 20, 2008 Planning Commission

Recommended Action:              Approve

L.     Meeting Minutes of the September 9, 2008 Recreation Board

             Recommended Action:  Receive

 

REGULAR AGENDA

6.      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 Second Reading and Adopt an Ordinance Amending the City’s Classification Plan Establishing, Deleting, and Amending Current Job Specifications and Amending Current Salary Schedules Accordingly

On November 19, 2008 Council introduced and held a first reading of an Ordinance amending the City’s classification plan establishing, deleting, and amending current job specifications and amending current salary schedules accordingly. If adopted, the Ordinance will go into effect 30 days from the date of adoption.

Reference:   Deputy City Manager Wiseman

Recommended Action:  Adopt the Ordinance

 

7.      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

 

8.      NEW BUSINESS

A.    Consider Introducing and Holding a First Reading of an Ordinance to Lease Property at 620 Oceanview Boulevard to Enea Properties LLC

Council will consider introducing and holding a first reading of an Ordinance to lease property at 620 Oceanview Boulevard (formerly the Old Bath House) to Enea Properties LLC.  The Council may approve or reject the first reading of the Ordinance.  If the Ordinance is approved, a Public Hearing on the second reading shall be set for the next regular Council meeting. 

Reference:   City Manager Colangelo

Recommended Action:  Hold the first reading of the Ordinance.

 

B.     Approve a Schedule for Council Meetings for 2009

Council is being asked to approve a proposed Council meeting schedule for calendar year 2009.

Reference:   City Manager Colangelo

Recommended Action:  Approve schedule for Council meetings for 2009.

 

9.      REPORTS OF COUNCIL MEMBERS

A.    Approve Mayor’s Council, Staff and Citizens Assignments and Appointments to the City’s Boards, Commissions, Committees and External Agencies

Council will consider approval of the Mayor’s Council, staff and citizens assignments and appointments to the City’s boards, commissions, committees and external agencies.

Reference: Mayor Cort

Recommended Action:              Approve Mayor’s assignments and 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 and 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, Council will meet in closed session with Legal Counsel to consider pending litigation

                                                                    i.      Anthony Iriarte v. Monterey Bay Engineering; MBE v. City of Pacific Grove (M83497)

                                                                  ii.      California-Nevada Methodist Homes v. City of Pacific Grove (M84732)

 

B.        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.