NOTICE OF REGULAR MEETING

PACIFIC GROVE CITY COUNCIL

MEETING AGENDA

Wednesday, March 4, 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 February 18, 2009 City Council Meeting

Recommended Action: Approve

2. RESOLUTIONS

A. Consider a Resolution of Support for the Creation of a Monterey Salinas Transit District

Council will consider a Resolution of Support for the creation of a Monterey Salinas Transit District. MST is currently a Joint Powers of Authority (JPA), however, many other transit agencies are organized by the California Public Utilities code as transit districts.

Reference: Charlene Wiseman, Interim City Manager

Recommended Action: Adopt the Resolution

3. REPORTS OF STAFF

A. Claim For Damages No. G2009-01/KELLY, Michael

Council will consider approval of a claim from an injured party and determine whether to approve the claim or deny and refer the matter back to staff. If Council chooses to deny the claim, the claimant will have six (6) months to file legal action.

Reference: Charlene Wiseman, Interim City Manager

Recommended Action: Approve and refer to staff

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

A. Minutes of the February 24, 2009 Architectural Review Board Site Review

Recommended Action: Receive

B. Minutes of the February 24, 2009 Architectural Review Board

Recommended Action: Receive

C. Minutes of the February 11, 2009 Museum Board

Recommended Action: Receive

D. Minutes of the January 15, 2009 Housing Committee Special Meeting

Recommended Action: Receive

E. Minutes of the February 12, 2009 Housing Committee

Recommended Action: Receive

F. Minutes of the January 13, 2009 Traffic Safety Commission

Recommended Action: Receive

G. Minutes of the January 22, 2009 Traffic Safety Commission-Rip Van Winkle Park Subcommittee Special Meeting

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 and Consider Whether to Adopt a Resolution to Add 622 17th Street to the City’s Historic Resources Inventory

Council will hold a Public Hearing and consider whether to adopt a Resolution to add 622 17^th Street to the City’s Historic Resources Inventory. This proposal received a technical denial from the Historic Resources Committee due to the lack of a quorum, and the item was called-up by the City Council on February 4, 2009.

Reference: Karen Vaughn, Senior Planner

Recommended Actions:

(1) Hold a Public Hearing; and

(2) Consider whether to adopt a Resolution to add 622 17^th Street to the City’s Historic Resources Inventory; and

(3) Determine not to adopt the Resolution to add the 622 17^th Street property to the City’s Historic Resources Inventory.

B. Hold a Public Hearing and Consider a Resolution Approving Amendments to the Housing Rehabilitation Loan Program (HRLP) Guidelines

Council will hold a Public Hearing and consider a Resolution approving amendments to the HRLP Guidelines. Prior to receipt of funds for the HRLP from the State Department of Housing and Community Development (HCD), the City is required to review and update the policies and procedures of the loan program.

Reference: Julie Uretsky, Housing Program Coordinator

Recommended Actions:

(1) Hold a Public Hearing; and

(2) Adopt the Resolution

C. Hold a Second Reading of an Ordinance to Exempt Special Events Hosted by Non-Profit Organizations from Business License Tax Requirements

Council will hold a second reading of an Ordinance to exempt events of up to three days duration that are sponsored by non-profit organizations from responsibility for obtaining a business license. The first reading of the Ordinance was held February 18, 2009. If adopted, the Ordinance will go into effect 30 days after date of adoption.

Reference: Jim Becklenberg, Director of Management and Budget

Recommended Action: Adopt the Ordinance

D. Hold a Second Reading of an Ordinance to Amend Existing Sections of the City’s Municipal Code to Reconcile Discrepancies

Council will hold a second reading of an Ordinance to amend existing sections of the City’s Municipal Code to reconcile the Code with previously-adopted ordinances and clarify discrepancies. The first reading of the Ordinance was held February 18, 2009. If adopted, the Ordinance will go into effect 30 days after date of adoption.

Reference: David Laredo, City Attorney

Recommended Action: Adopt 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 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

7. OLD BUSINESS

A. Conceptual Approval of Allowing an Event on the Pacific Grove Golf Course; Example: Concorso Italiano

Council is being asked to approve the concept of having an event on the Pacific Grove Golf Course such as the Concorso Italiano.

Reference: Council Member Cohen

Recommended Actions:

(1) Review and approve the concept; and

(2) Direct staff to move forward with the next necessary preliminary steps.

8. NEW BUSINESS

A. Consider a Budget Update and Provide Direction to Staff on Key Assumptions Regarding the FY 2009/10 Budget

Council will consider a budget update and provide direction to staff on key assumptions regarding the FY 2009-10 Budget.

Reference: Jim Becklenberg, Director of Management and Budget

Recommended Actions:

(1) Direct staff to develop options for closing a $1.2 million budget gap; and

(2) Direct staff to develop additional options for costs associated with continuing library services at current levels.

B. Consider Approval of Staff’s Response to the Monterey County Civil Grand Jury 2008’s Year-End Final Report

Council will consider approval of a letter of response to the Monterey County Civil Grand Jury 2008’s Year-End Final Report.

Reference: Charlene Wiseman, Interim City Manager

Recommended Action: Approve the response

C. Receive a Report on the Environmental Impact Report (EIR) for California American Water’s Proposed Coastal Water Project and Provide Direction to Staff on EIR Comments

Council will receive a report on the California American Water Company Coastal Water Project Draft Environmental Impact Report (EIR) and provide direction to staff on the preparation of an EIR comment letter, to be further considered by the City Council on March 18, 2009.

Reference: Sarah Hardgrave, Senior Planner

Recommended Actions:

(1) Receive the report; and

(2) Provide direction to staff.

9. REPORTS OF COUNCIL MEMBERS

A. Consider Approval of the Mayor’s Recommendation for Appointments of Members to the ad hoc Alternative Water Source Committee

Council will consider approval of the Mayor’s recommendation of appointments of members to the ad hoc Alternative Water Source Committee.

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 Commission on Disabilities

· 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 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)

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) 648-3106.