NOTICE OF SPECIAL MEETING

PACIFIC GROVE CITY COUNCIL

SPECIAL MEETING AGENDA

Wednesday, April 29, 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

     

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 April 15, 2009 City Council Meeting

Recommended Action:   Approve

 

2.      RESOLUTIONS

A.    Consider a Resolution Granting Approval for Gateway Center to Relicense the Existing Facility into Three Separate Licensed Facilities on the Same Site

Council will consider a resolution granting approval for Gateway Center to relicense the existing facility into three separate licensed facilities on the same site.

Reference:  Sarah Hardgrave, Senior Planner

Recommended Action:   Adopt the resolution.

 

3.      REPORTS OF STAFF

A.    Receive Report on Status of Lighthouse Avenue Design Charrettes and Lovers Point Park Master Plan and on Process for City Council Review and Action

Council will receive a status report from staff on the Lighthouse Avenue and Lovers Point Park design plans and the process by which they can be approved by the City Council.

Reference:  Lynn Burgess, Chief Planner

Recommended Actions:

(1)   Receive the report.

(2)   Provide direction to staff on the process for adopting the 1993 Architectural Charrette and the 1999 Draft Lovers Point Park Master Plan.

 

B.     Receive the Final Report of the Pedestrian Assessment for the City Of Pacific Grove as Prepared by The Tech Transfer Program at the University of California at Berkeley

Council will receive the final report of the Pedestrian Assessment for the City as prepared by the Tech Transfer Program at the University of California at Berkeley.

Reference:  Celia Martinez, Business Manager, Public Works

Recommended Action:  Receive the report.

 

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

A.    Minutes of the April 14, 2009 Architectural Review Board Site Review

            Recommended Action: Receive

B.     Minutes of the April 14, 2009 Architectural Review Board

            Recommended Action: Receive

C.     Minutes of the April 16, 2009 Planning Commission

            Recommended Action: Receive

D.    Minutes of the March 10, 2009 Recreation 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.

 

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.    Consider a Resolution Authorizing the City Manager to Sign a Letter of Intent to Contract with the Museum Foundation of Pacific Grove, Inc. for Operation of the Pacific Grove Museum of Natural History

As the next step in a process started during the summer of 2008, of partnering with a foundation to operate the museum at a level the City cannot afford independently, Council will consider a resolution authorizing the City Manager to sign a non-binding letter of intent to contract with the Museum Foundation of Pacific Grove, Inc. for operation of the Pacific Grove Museum of Natural History.

Reference:  Charlene Wiseman, Interim City Manager

Recommended Actions:

(1)   Approve a resolution authorizing the City Manager to sign a non-binding letter of intent to contract with the Museum Foundation of Pacific Grove, Inc. (Foundation) for operation of the Pacific Grove Museum of Natural History (Museum).

(2)   Based on the letter of intent, provide feedback to staff on issues of particular interest or concern for inclusion in a binding service agreement with the Foundation that will be presented for the City Council’s consideration at a future meeting.

(3)   Direct the City Manager to negotiate an agreement with the Foundation for operating the museum consistent with the letter of intent.

 

8.      NEW BUSINESS

A.    Review the Request of Lee and Jim Willoughby Contesting City Fees and Determine to (A) Accept it as an Appeal and Set a Hearing, or (B) Accept it as a Claim, or (C) Reject it as an Untimely Challenge to the Master Fee Schedule

Council will review the request of Lee and Jim Willoughby contesting City fees and determine an appropriate course of action.

Reference:  David Laredo, City Attorney

Recommended Actions: 

(1)   Review the request.

(2)   Reject the request for further action.

(3)   Find the request fails to properly frame an appeal of fees to the City Council under Municipal Code Section 6.02.070, fails to comply with the claim requirements under Municipal Code Chapter 6.06, and fails to present a timely challenge to adoption of the 2008/09 Master Fee Schedule.

 

B.     Consider a New Model for Delivering Building Services

Council will consider a new model for delivering building services to the City of Pacific Grove. The recommendation is the product of a competitive selection process that staff feels meets the goals of better service and lower cost.

Reference:  Lynn Burgess, AICP, Chief Planner and

                     Jim Becklenberg, Director of Management and Budget

                     Recommended Actions:

(1)   Direct staff to negotiate a contract with the City of Monterey consistent with its proposal for delivering building services to the City of Pacific Grove.

(2)    Authorize the City Manager to extend its existing contracts with Precision Inspection, Inc. and the City of Monterey for building services until August 31, 2009 to facilitate the transition to the new service model.

 

C.     Consider Approval of Amending Council Policy No. 000-17 - Order of Agenda for Council Meetings

Council will consider approval of amending Council Policy No. 000-17, “Order of Agenda for Council Meetings” and provide direction to staff.

Reference:  Council Members Garcia and Cohen

Recommended Actions:

(1)    Approve amending Council Policy No. 000-17.

(2)    Direct staff to prepare a resolution and amend Council Policy No. 000-17 to reflect the current Order of Agenda for Council Meetings as published and bring back to Council for consideration.

 

9.      REPORTS OF COUNCIL MEMBERS

A.    Consider Approval of the Mayor’s Appointments to the Planning Commission and the Housing Committee

Council will consider approval of the Mayor’s recommended appointments of William Fredrickson to the Planning Commission and Ken Cuneo to the Housing 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.