REVISED JANUARY 9, 2009

NOTICE OF SPECIAL MEETING

PACIFIC GROVE CITY COUNCIL

SPECIAL MEETING AGENDA

Wednesday, January 14, 2009, 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 December 17, 2008 City Council Meeting

Recommended Action:   Approve

 

2.      REPORTS OF STAFF

A.    Receive the Capital Assets Report for Fiscal Year Ended June 30, 2008

Section 2.14.010 of the Pacific Grove Municipal Code requires the City Manager to present a report to the City Council showing an inventory of the fixed assets of the City each year as of the beginning of the fiscal year.

Reference: Jim Becklenberg, Director of Management and Budget

Recommended Action:  Receive the Report

B.     Highlights of the December 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:  Interim City Manager Wiseman

Recommended Action:  Receive

 

3.      MEETING MINUTES OF COMMISSIONS, BOARDS, AND STANDING COMMITTEES

A.    Minutes of the October 16, 2008 Budget and Finance Committee

Recommended Action: Approve

B.     Minutes of the November 17, 2008 Budget and Finance Committee

Recommended Action: Approve

C.     Minutes of the October 14, 2008 Traffic Safety Committee

Recommended Action: Approve

 

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 a Second Reading of an Ordinance that Amends the Municipal Code to Include Service Stations in the Downtown Business Improvement District

On December 17, 2008 Council introduced and held a first reading of an Ordinance that would amend the Municipal Code to include service stations in the Downtown Business Improvement District (BID). If adopted, the Ordinance will go into effect 30 days after the date of adoption.

Reference: James L. Becklenberg, Director of Management and Budget

Recommended Action:  Hold the first reading of the Ordinance

 

B.     Consider Setting of a Hearing Date for Police Officers Association (POA) Step 5 Grievance: Request for City Council Hearing

Council will be asked to consider and set a date for a Public Hearing to consider the POA’s grievance regarding the Sergeant’s Promotional Process.  Step 5 of the grievance procedure is to request a hearing in front of the City Council, pursuant to Sec. 8.7 of the Memorandum of Understanding (MOU) between the POA and the City.

Reference: City Attorney Laredo

Recommended Action:  Set a hearing date

 

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 Committee

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.    Consider Approving the Creation of an Ad Hoc Alternative Source Water Sub Committee

On December 17, 2008 Council considered approving the creation of an ad hoc alternative source water sub committee with members of the Council and the Community. At that time Council directed the item be brought back with a Statement of Purpose and opened up for public interest.

Reference:  Council Member Lindsay

Recommended Action:  Approve creation of the ad hoc committee

 

B.     Receive Report on the City’s Employee Retirement Plan Costs and Alternative Models for the Future and Provide Direction to Staff Regarding Next Steps

In July, 2008 the City Council took the first steps towards terminating its contract for retirement benefit services.  At this time, staff will report on progress towards transitioning to a new employee retirement system, relay updated information on how CalPERS works, and provide options for next steps.

Reference:  Jim Becklenberg, Director of Management and Budget

Recommended Actions: 

1)   Direct staff to continue developing an alternative employee retirement plan - specifically hiring a consulting team to perform required research, analysis, public education, and policy facilitation duties – with the goal of a City Council decision on the alternative model during Fall, 2009; and

2)   Adopt the goal for the project of “developing a new employee retirement plan that provides cost control (both annual outlay and future liabilities) and allows the City to attract and retain qualified employees at the lowest cost possible; and

3)   Plan to complete the CalPERS contract termination process at a time in the future when the costs to do so can be managed without disrupting services to the public. 

 

7.      NEW BUSINESS

A.    Receive Report on Enforcement of Fire Lane Access at Rip Van Winkle Open Space

Council will receive a report regarding the recently posted parking restrictions at Rip Van Winkle Open Space in order to enforce the established access to fire roads 14 & 16 (Uniform Fire Code, Section 503.5) into Pebble Beach.

Reference:  Celia Perez Martinez, Business Manager, Public Works

Recommended Action:  Receive the report and refer back to staff

 

B.     Introduce and Hold a First Reading of an Ordinance to Amend Section 10.08 of the Pacific Grove Municipal Code to Clarify that Keeping of Animals and Fowl Allows Chickens within City Limits

Reference:  City Attorney Laredo

Recommended Action:  Hold a first reading of the Ordinance

Council will introduce and hold a first reading of an Ordinance to amend Section 10.08 of the Municipal Code to clarify that keeping of animals and fowl allows chickens within the City limits. Council may approve or reject the first reading of the ordinance.  If approved, the ordinance shall be published and a public hearing on the second reading shall be set for the next regular Council meeting. 

 

C.     Introduce and Hold a First Reading of an Ordinance to Amend the FY 2008/09 Budget to Increase the Budget for the Library

Council will introduce and hold a first reading of an Ordinance to amend the FY 2008/09 Budget to increase the budget for the Library by $25,200.  Council may approve or reject the first reading of the ordinance.  If approved, the ordinance shall be published and a public hearing on the second reading shall be set for the next regular Council meeting. 

Reference:  Jim Becklenberg, Director of Management and Budget

Recommended Actions: 

1)      Introduce and hold a first reading of an Ordinance to amend the FY 2008/09 budget to increase the budget for the library by $25,200; and

2)      Authorize one additional part-time Librarian I position.

 

8.      REPORTS OF COUNCIL MEMBERS

A.    Consider Approval of Appointment of Members to the City’s Beautification and Natural Resources Committee and Traffic Safety Commission

Council will consider approval of the Mayor’s appointments of Michael Kapp to the Beautification and Natural Resources Committee and Sarah Lewis and Carol Prock to the Traffic Safety Commission.

Reference:  Mayor Cort

Recommended Action:  Approve 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)

 

9.      ITEMS REMOVED FROM CONSENT AGENDA

 

10.  CLOSED SESSION

Public comment will be invited prior to Council going into Closed Session. Comments from the audience will not receive Council action and must deal only with items in the current Closed Session.

A.    Pursuant to California Government Code Section 54956.9(a), Council will meet in closed session with Legal Counsel to consider pending litigation

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

                                                ii.      People v. Chioino, Case Nos. SS052916A et. seq.

 

B.     Pursuant to California Government Code Section 54956.8, Council will Meet in Closed Session with its Real Property Negotiator, Charlene Wiseman, Regarding 620 Ocean View Boulevard

 

C.     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. 2007057343 / BRYANT, Jamie

 

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) 648-3106.