NOTICE OF REGULAR MEETING

REVISED - JUNE 2, 2009

PACIFIC GROVE CITY COUNCIL

MEETING AGENDA

Wednesday, June 3, 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.

PRESENTATIONS TO COUNCIL

A. Monterey County Convention and Visitors Bureau (MCCVB)

A representative from MCCVB will give a presentation on benefits and services provided to the City.

Reference: Council Member Bennett

B. Community Human Services (CHS)

A representative from CHS will give a presentation on benefits and services provided to the City.

Reference: Council Member Cohen

C. City Attorney Office’s Overview

Reference: David C. Laredo, City Attorney

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 May 20, 2009 City Council Meeting

Recommended Action: Approve

2. ORDINANCES

A. Hold a Second Reading of an Ordinance Correcting the Current Salary/Classification Schedule as Previously Approved by City Council Per Ordinance 08-030

Council will hold a second reading of an ordinance correcting the current salary/classification schedule as previously approved by City Council per Ordinance

08-030. The first reading of the Ordinance was held May 20, 2009. If adopted, the Ordinance will go into effect 30 days after date of adoption.

Reference: Charlene Wiseman, Interim City Manager

Recommended Action: Adopt the ordinance.

B. Hold a Second Reading of Three (3) Ordinances to Accept Irrevocable Offers to Dedicate Open Space Easements; Authorize the Mayor to Sign the Certificates of Acceptance; and Direct the City Clerk to Submit the Signed Certificates of Acceptance to the County Recorder for Filing/Recordation, Related to the Following:

1. Recorded Instrument No. 1988-45492 (CDP No. 3-88-062) Executed by James R. Corning and Maureen Nolan, Which Will Expire on September 1, 2009, for Property Located at 1501 Sunset Drive (APN 007-031-014).

2. Recorded Instrument No. 1996-41294, Amended 1996-53674 (CDP NO. 3-94-024) Executed by Catherine L. McCulloch, Which Will Expire on July 12, 2017, for Property Located at 418 La Calle Corte (APN 007-072-016).

3. Recorded Instrument No. 2000-080495 (CDP No. 3-93-064) Executed by Glen Yonekura and Ehab Youssef, Which Will Expire on December 7, 2021, for Property Located at 450 Asilomar Avenue (APN 007-072-022)

Council will hold a second reading of three (3) ordinances as described above. The first reading of the Ordinance was held May 20, 2009. If adopted, the Ordinance will go into effect 30 days after date of adoption.

Reference: Sarah Hardgrave, Senior Planner

Recommended Actions:

(1) Adopt the ordinances.

(2) Authorize the Mayor to sign the Certificates of Acceptance.

(3) Direct the City Clerk to submit the signed Certificate of Acceptance to the County Recorder for filing/recordation.

3. RESOLUTIONS

A. Consider a Resolution to Amend Council Policy No. 000-17 – Order of Agenda for Council Meetings

Council will consider a Resolution to amend Council Policy No. 000-17 – Order of Agenda for Council Meetings.

Reference: David Laredo, City Attorney

Recommended Action: Adopt the Resolution.

B. Consider a Resolution Establishing a “Safely Surrendered Baby Program” and Designating the Fire Station as the Safe-Surrender Site Pursuant to the California Safely Surrendered Baby Law (SB 1368)

Council will consider a resolution to establish a “Safely Surrendered Baby Program” and designate the fire station as the safe surrender site pursuant to the California Safely Surrendered Baby Law (SB1368).

Reference: Sam Mazza, Fire Chief

Recommended Action: Adopt the Resolution.

C. Consider Approval of a Resolution Authorizing the City Manager to Execute an Agreement with De Lay and Laredo for Legal Counsel Services

Council will consider approval of a resolution authorizing the City Manager to execute a renewal of the City’s agreement with the existing City Attorney, the firm of DeLay and Laredo, at the same terms as the existing contract.

Reference: Charlene Wiseman, Interim City Manager

Recommended Action: Adopt the Resolution.

4. REPORTS OF STAFF

A. Consider Approval of a City-Wide Volunteer Program

On April 15, 2009 Council approved a conceptual proposal for a City-wide volunteer program and directed staff to take the next steps in establishing that program. Council will consider approval of the program.

Reference: Charlene Wiseman, Interim City Manager

Recommended Action: Approve

B. Consider Approval of a Request for Assistance with Golf Ball Damage – G2009-03 and G2009-04/SANTOS

Council will consider approval of a request for assistance with golf ball damage. If Council approves the claim, the matter will be referred 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

C. Receive a Report on the Highlights of the May 15, 2009 Monterey Regional Waste Management District Board Meeting

Gary Bales, the City’s representative to the Monterey Regional Waste Management District Board, has submitted a report to the City Manager highlighting activities and actions by the Monterey Regional Waste Management District Board.

Reference: Interim City Manager Wiseman

Recommended Action: Receive

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

A. Minutes of the May 12, 2009 Architectural Review Board Site Review

Recommended Action: Receive

B. Minutes of the May 12, 2009 Architectural Review Board

Recommended Action: Receive

C. Minutes of the May 26, 2009 Architectural Review Board Site Review

Recommended Action: Receive

D. Minutes of the May 26, 2009 Architectural Review Board

Recommended Action: Receive

E. Minutes of the May 13, 2009 Historic Resources Committee Site Review

Recommended Action: Receive

F. Minutes of the May 13, 2009 Historic Resources Committee

Recommended Action: Receive

G. Minutes of the April 7, 2009 Recreation Board Special Meeting

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 of an Ordinance to Approve the City Manager’s Recommended Budget for FY 2009/10

Council will hold a second reading of an ordinance to approve the City Manager’s recommended budget for FY 2009/10. The first reading of the Ordinance was held May 20, 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.

B. Hold a Public Hearing and Consider a Resolution Levying an Assessment for the Downtown Business Improvement District (BID)

Each year the City must reauthorize the assessment that generates revenues for the purposes of the Downtown BID. Council will consider a resolution levying an assessment for BID.

Reference: Jim Becklenberg, Director of Management and Budget

Recommended Actions:

(1) Hold a public hearing to determine whether there exists a protest to forming the district equal to a majority of the businesses included in the district.

(2) If no majority protest is determined, adopt a resolution approving the FY 2008/09 annual report and the FY 2009/10 budget for the Downtown Business Improvement District and levying the FY 2009/10 assessment for the District.

(3) Authorize the City Manager to execute a contract with the Pacific Grove Chamber of Commerce to administer the approved BID budget.

C. Introduce and Hold a First Reading of an Ordinance of the City Council of the City of Pacific Grove Approving a Public/Private Partnership Operating Agreement and Lease Between the City of Pacific Grove and Museum Foundation of Pacific Grove, Inc.

The following description was revised following the posting of the Agenda:

This ordinance would authorize the City to lease to the Foundation the Pacific Grove Museum of Natural History located at Forest Street and Central Avenue, including the buildings, land, back garden, personal property and Museum Collection upon the terms and conditions contained in the attached Lease Agreement.

References: Charlene Wiseman, Interim City Manager

Recommended Action: Hold the first reading of 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 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

8. OLD BUSINESS

A. Receive a Report Regarding Recommendations for Accommodating Vehicles at Rip Van Winkle Open Space and Direct Staff to Proceed with Actions Identified in Staff Report

At their meeting of January 14, 2009 Council instructed the City’s Traffic Safety Commission to establish a sub-committee and return to the Council with recommendations for accommodating cars at Rip Van Winkle Open Space Park. Council will receive a report resulting from that action and provide direction to staff. This item was continued from the May 20, 2009 Council meeting.

Reference: Celia Martinez, Business Manager, Public Works

Recommended Action: Receive the report and provide direction to staff.

9. NEW BUSINESS

A. Consider a Resolution Finding That a Severe Fiscal Hardship Will Exist if the State Takes City Property Tax Revenues

Council will consider a resolution which the League of California Cities has requested all member cities to adopt in order to demonstrate the potential impact of the proposed takeaway of property tax revenues by the State.

Reference: Jim Becklenberg, Director of Management and Budget

Recommended Action: Adopt the resolution.

B. Consider Approval to Suspend Phase I and Phase II Historic Assessments Until Such Time a New Historic Preservation Ordinance has Been Reviewed by the City Council, a Public Hearing Conducted, and the Municipal Code Amended Accordingly

Council approval is being requested for the following action: Suspend Phase I and Phase II Historic Assessments until such time a new Historic Preservation Ordinance has been reviewed by the City Council, a public hearing conducted, and our current Municipal Code amended accordingly should the new Historic Preservation Ordinance be approved by a majority of the Council.

References: Council Members Garcia and Cohen

Recommended Action: Approve suspension of Phase I and Phase II Historic Assessments.

C. Consider Suggestions for Generating Revenue

Council will consider suggestions for generating revenue. This action is the result of the Pacific Grove Chamber of Commerce’s request to share revenue generating ideas with the Council.

References: Council Members Garcia and Cohen

Recommended Actions:

(1) Receive the report.

(2) Approve suggestions #1 and #4 in the report.

(3) Direct Council to form a subcommittee to bring back a comprehensive plan regarding suggestions #2 and #3 in the report for Council consideration and approval.

10. REPORTS OF COUNCIL MEMBERS

A. Consider Approval of the Mayor’s Recommendation for an Appointment to the American with Disabilities Act (ADA) Compliance Advisory Committee

Council will consider approval of the Mayor’s recommendation of the appointment of Casey Lucius to the ADA Compliance Advisory Committee.

Reference: Mayor Cort

Recommended Action: Approve Appointment

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

Reports on Trips, Conference Attendance, and Meetings (AB 1234)

11. ITEMS REMOVED FROM CONSENT AGENDA

12. 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. LEACH, Michael (MSC130617)

ii. Smolinski v. Pacific Grove

B. Pursuant to California Government Code Section 54957 the City Council will Meet in Closed Session to Consider Public Employment: City Manager Recruitment

C. Pursuant to California Government Code Section 54957.6 the City Council will Meet in Closed Session with its Designated Representative, Charlene Wiseman, Regarding Labor Negotiations: All Units

D. 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. 2007070269 / CONTI-YEO

13. 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.