NOTICE OF REGULAR MEETING

PACIFIC GROVE CITY COUNCIL

MEETING AGENDA

Wednesday, June 17, 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.

1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE

2. APPROVAL OF THE AGENDA

3. COUNCIL AND STAFF ANNOUNCEMENTS

4. 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

5. CONSENT AGENDA

The Consent Agenda deals with routine and noncontroversial matters, and may include action on resolutions but not on ordinances. The vote on the Consent Agenda shall apply to each item that has not been removed. Any member of Council, staff or the public may remove an item.  One motion shall be made to adopt all non-removed items on the Consent Agenda.

A. APPROVAL OF CITY COUNCIL MEETING MINUTES

(1) Minutes of the June 3, 2009 City Council Meeting

Recommended Action: Approve

B. RESOLUTIONS

(1) Consider a Resolution Authorizing the City Manager to Enter into a Contract with Craven Landscaping for the Pacific Grove Museum of Natural History Native Garden Project

Council will consider a resolution authorizing the City Manager to enter into a contract with Craven Landscaping for reconstructing of the Pacific Grove Museum of Natural History’s native garden.

Reference: Celia Perez Martinez, Business Manager

Recommended Action: Adopt the Resolution.

C. REPORTS OF STAFF

(1) Consider Approval of a Request for Assistance with Repair of Damage Caused by Golf Ball No. G2009-05/Jordison

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

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

(1) Minutes of the June 9, 2009 Architectural Review Board Site Review

Recommended Action: Receive

(2) Minutes of the June 9, 2009 Architectural Review Board

Recommended Action: Receive

(3) Minutes of the June 4, 2009 Planning Commission

Recommended Action: Receive

(4) Minutes of the March 10, 2009 Traffic Safety Commission

Recommended Action: Receive

(5) Minutes of the April 14, 2009 Traffic Safety Commission

Recommended Action: Receive

(6) Minutes of the May 12, 2009 Traffic Safety Commission

Recommended Action: Receive

6. ITEMS REMOVED FROM CONSENT AGENDA

REGULAR AGENDA

7. 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 the Second Reading and Adopt an Ordinance of the City of Pacific Grove Approving a Public/Private Partnership Operating Agreement and Lease Between the City of Pacific Grove and the Museum Foundation of Pacific Grove, Inc.

On June 3, 2009, the City Council approved the first reading of an Ordinance to approve the Lease Agreement with the Museum Foundation that was based upon principles set forth in the April 29, 2009, letter of intent to allow the Foundation to operate the Museum. This is the final step in the process to implement the Lease and Operating Agreement. If adopted, the Ordinance will go into effect 30 days after date of adoption.

References: Charlene Wiseman, Interim City Manager

Recommended Action: Adopt the ordinance.

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 June 3, 2009 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 Establishing a “Safely Surrendered Baby Program” and Designating the Fire Station as the Safe-Surrender Site Pursuant to the California Safely Surrendered Baby Law

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). This item was first placed on the Consent Agenda of June 3, 2009, pulled for discussion by Council Member Garcia, moved to the Regular Agenda, and continued to this date.

Reference: Sam Mazza, Fire Chief

Recommended Action: Adopt the Resolution.

B. 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. This item was continued from the June 3, 2009 meeting.

Reference: Jim Becklenberg, Director of Management and Budget

Recommended Action: Adopt the resolution.

C. Consider Approval of the Pacific Grove Guidelines for Historic Assessments as Amended and an Initial Screening Process to be Conducted by Staff for Determining Whether or Not a Structure 50 Years or Older that is Not on the Historic Resource Inventory Should be Subject to the Phase I Historic Assessment Requirement

Council will consider approval of the “Pacific Grove Guidelines for Historic Assessments” dated March 24, 2008, amended April 2, 2009 and June ____, 2009, which includes “Exemptions from Historic Assessment Requirements,” and an initial screening process to be conducted by staff for determining whether or not a structure 50 years or older that is not on the historic resource inventory should be subject to the Phase I Historic Assessment requirement. This item was continued from the June 3, 2009 meeting. Note: The attached Agenda Report has been revised from that submitted originally for the June 3, 2009 meeting.

References: Council Members Garcia and Cohen

Recommended Actions:

(1) Approve the Pacific Grove Guidelines for Historic Assessments as amended.

(2) Approve an initial screening process to be conducted by staff for determining whether or not a structure 50 years or older that is not on the historic resource inventory should be subject to the Phase I Historic Assessment requirement.

D. 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. This item was continued from the June 3, 2009 meeting.

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 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

11. 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. This item was continued from the June 3, 2009 meeting.

Reference: Mayor Cort

Recommended Action: Approve Appointment

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)

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. 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 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

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.

14. 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.