NOTICE OF REGULAR MEETING

PACIFIC GROVE CITY COUNCIL

REGULAR MEETING AGENDA

Wednesday, September 1, 2010,

Closed Session 4:30 P.M./ Regular Meeting 6:00 P.M.

Council Chambers – City Hall – 300 Forest Avenue, Pacific Grove, CA

The Council will not begin consideration of any item on this agenda later than 10:00 p.m. unless such consideration is approved.  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 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.            BRIEF PRESENTATIONS     

A.    Mayor’s Proclamations: Admissions Day, Constitution Week, National Alcohol and Drug  Addiction Recovery Month, and Sea Otter Awareness Week

 

4.            COUNCIL AND STAFF ANNOUNCEMENTS (City-Related Items Only)

 

5.            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.

 

6.            CONSENT AGENDA

The Consent Agenda deals with routine and non-controversial 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 August 18, 2010 City Council Meeting  

          Reference:  Lawrence Bangert, City Clerk

                Recommended Action: Approve Minutes

         

         B.  RESOLUTIONS

1.   Approve a Resolution that Amends Council Policy 000-17, Order of Agenda for Council Meetings, to Allow Appropriate Flexibility to Meet Unusual Situations

Reference:  Thomas Frutchey, City Manager

Recommended Action: Adopt Resolution

 

2.      Adopt a Resolution Appointing the Deputy City Manager as the City Manager Pro Tempore

Reference:  Thomas Frutchey, City Manager

Recommended Action: Adopt Resolution

 

3.   Approve a Resolution that Amends Council Policy 000-5, Committees:  Classification; Appointments; Procedures to Update the Policy to Meet Current Practices and Expectations  

Reference:  Thomas Frutchey, City Manager

Recommended Action: Approve Agreement

 

4.   Adopt a Resolution to Revise Terms of Reference (i.e., Bylaws) for the Monterey County Integrated Waste Management Task Force 

Reference:  Gary Bales, Board Member and Thomas Frutchey, City Manager

Recommended Action: Adopt Resolution

 

5.   Adopt a Resolution to Rescind Council Policy 900-2, Discouraging Styrofoam Use, as It Has Been Effectively Superseded by Ordinance 08-010 and by the City’s Adoption of the Urban Environmental Accords and the Green Cities Declaration, which Are More Comprehensive

Reference:  Thomas Frutchey, City Manager

Recommended Action: Adopt Resolution

 

        C.  REPORTS

1.   Approve the Agreement between the City of Pacific Grove and the Heritage Society to Guide and Facilitate Restoration Efforts for the Point Pinos Lighthouse  

Reference:  Daniel Gho, Golf Course Superintendent

Recommended Action: Approve Agreement

 

   D.  MEETING MINUTES OF COMMISSIONS, BOARDS, AND COMMITTEES

      1.   Architectural Review Board Regular Meeting Minutes: 8-10-10

      Recommended Action: Receive

 

      2.   Architectural Review Board Site Meeting Minutes: 8-10-10

      Recommended Action: Receive

 

      3.   Historic Resources Committee Minutes: 8-11-10

      Recommended Action: Receive

 

      4.   Historic Resources Committee Site Review Minutes: 8-11-10

      Recommended Action: Receive

 

      5.   Planning Commission Meeting Minutes: 8-19-10

      Recommended Action: Receive

       

7.      ITEMS REMOVED FROM CONSENT AGENDA

 

REGULAR AGENDA

8.      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.  Second Reading and Adoption of an Ordinance for the Second Amendment to the Operating Agreement and Lease between the City of Pacific Grove and the Museum Foundation of Pacific Grove

      Reference: Thomas Frutchey, City Manager

Recommended Action: Adopt Ordinance

 

   B.  Second Reading and Adoption of an Ordinance Amending the Approved Budget for FY 2010/11

   Reference: James L. Becklenberg, Deputy City Manager

            Recommended Action: Adopt Ordinance

 

C.  Second Reading of an Ordinance Amending Pacific Grove Municipal Code Section 11.90.040 to Allow the City Manager to Waive Requirements for a Sound Permit for Special Events that Have Been Approved by the City Council

   Reference:  Don Mothershead, Senior Recreation Coordinator

Recommended Action:  Adopt Ordinance

     

D.  Second Reading of an Ordinance to Allow Sewage Collector Fees to Be Set by City Council Resolution

Reference:  James L. Becklenberg, Deputy City Manager

Recommended Action: Adopt Ordinance

 

E.   Introduce and Hold the First Reading of an Ordinance Prohibiting Marijuana Dispensaries

      Reference:  David C. Laredo, City Attorney

      Recommended Action: Introduce Ordinance

                   

9.   UNFINISHED BUSINESS

None

 

10.  NEW BUSINESS

A.    Adopt a Resolution Rescinding Council Policy 200-5, Museum, and Specifying the Duties and Powers of the Museum Board     

      Reference:  Thomas Frutchey, City Manager

            Recommended Action: Adopt Resolution

 

B.  Authorize Plans to Improve Stewardship of the Monarch Butterfly Sanctuary and Optimize   the Butterfly Overwintering Population in the Coming Seasons    

      Reference:  James L. Becklenberg, Deputy City Manager           

      Recommended Action: Authorize plans and direct staff

 

C.  Provide Direction on Six League of California Cities Annual Conference Resolutions League Resolutions relate to (1) Board Composition and Ethics, (2) Childhood Obesity, (3) AB 32 and SB 375, (4) Responsible Banking, (5) Unfunded State Mandates, and (6) Motor Vehicle Public Safety.      

Reference:  Mayor Carmelita Garcia

Recommended Action: Provide direction

 

            11.    FULL PRESENTATIONS

A.  Water Conservation – Catherine Bowie

B.  Dunes Restoration Annual Presentation – Daniel Gho

 

12.    CLOSED SESSION

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

Council will meet in Closed Session at 4:30 pm in the City Manager’s Conference Room to address the following items:

A.    City Manager’s Annual evaluation

B.     Workers Compensation Claims(4): WC No. 2007058341, D. Diehl, WC No. 2005032903, J. Purdom, WC No. 03100666, J. Purdom & WC No. 2007069129, M. Consiglio

      C.  ESC vs PG Canterbury Woods

      D.  Point Pinos Grill Lease

 

13.    REPORTS OF COUNCIL MEMBERS

      A. MST Board Meeting July 12, 2010 Report from Councilmember Alan Cohen

    

14.    PUBLIC ANNOUNCEMENT OF ACTION TAKEN IN CLOSED SESSION

Following Closed Session, the Council shall reconvene in open session, in Council Chambers, prior to adjournment, and make disclosures as required by Government Code sections 54957.1 and 54957.7. 

 

15.    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.