Council Adjourned Meeting

MINUTES CITY COUNCIL SPECIAL ADJOURNED MEETING CITY OF MONTEREY Monday, July 26, 2010 8:00 A.M. COUNCIL CHAMBER, FEW MEMORIAL HALL MONTEREY, CALIFORNIA Councilmembers Present: Councilmembers Downey, Haferman, Selfridge, Sollecito, Della Sala Absent: None City Staff City Manager (via telephone), Director of Information Resources/City Clerk, City Present: Attorney, Assistant City Attorney, Assistant Director Plans and Public Works, Chief of Planning & Engineering, Senior Assistant City Clerk CALL TO ORDER Mayor Della Sala called the meeting to order at 8:00 a.m. Mayor Della Sala noted that City Manager Muerer is attending via speaker phone and that Acting City Manager Gawf is at the dais in Mr. Meurer' stead. Mayor Della Sala stated that Councilmember Haferman did not attend Saturday's special meeting. In response to a question from the Mayor, Councilmember Haferman stated he had watched the video of Saturday's meeting in full and at length, that he had not received any additional outside information on this topic, and was ready to discuss the item. Mayor Della Sala clarified that public comment was closed Saturday on this item. Barbara Bass Evans objected to public comment being closed, stating that there is public present to speak to this item and asking if it was noticed within 72 hours of the meeting. Assistant City Attorney Davi clarified that Saturday's meeting was a special meeting and as such was noticed 24 hours in advance as required by the Government Code for special meetings and that public comment was closed on this item Saturday. PUBLIC APPEARANCE 1. Council Position and Policy Direction on Settlement Agreement for Regional Water Project - Continued from July 24, 2010. Note that public comment has been closed on this item, and no new information or comment will be taken prior to the Council's decision on this matter (City Manager - 804-05) Action: Directed Assistant City Attorney Davi to draft a letter to Administrative Judge Minkin for Council approval; Continued meeting to 5:30 p.m. Councilmembers discussed representation and other governance concerns with the language within the proposed agreement. Assistant City Attorney Davi clarified that the cities of Carmel- by-the-Sea, Pacific Grove, Sand City, and Seaside are in concurrence with the settlement agreement. During discussions, Councilmember Selfridge noted that Mayor McCloud called her yesterday about this item. Councilmember Downey suggested Assistant City Attorney Davi send a letter indicating that the City is supportive of the project, suggesting the letter includes language to the effect that to be fair, the people who will pay for the project should have a voice in the project and its governance. During a discussion on the project and its history, Mayor Della Sala stated that there is no guarantee that a Joint Powers Agency will ultimately be formed. City Council Minutes Monday, July 26, 2010 Councilmember Selfridge asked why it is important for Monterey to be a signatory. Mayor Della Sala stated Monterey loses influence by not being part of the project, loses legal representation if it is not part of the project, and that a split in the cities may be looked at negatively by the judge during the administrative review. Councilmember Downey disagreed with Mayor Della Sala comments. Councilmember Sollecito asked if Council could send a letter and adopt the recommendation in the agenda report. Mayor Della Sala stated the letter, as proposed, contradicts terms listed in the settlement agreement. Councilmember Haferman stated Monterey's constituency wants water as soon as possible, but that they also want strong representation, noting that Councilmember Downey had swayed him towards support of a letter. Councilmember Downey moved that the City send a letter to Administrative Judge Minkin noting the City's strong support for the water project and stating the City's concern remains that the project governance needs to be enhanced. Councilmember Downey modified her motion, indicating that Assistant City Attorney Davi draft the letter for Council approval and indicate in the letter that the City disagrees with item number 3 of the Monterey County Water Resources Agency letter dated July 23, 2010. Councilmember Downey included in her motion that Council continue the discussion of this item to 5:30 p.m. today, July 26, 2010. Councilmember Selfridge seconded the motion. The motion passed by the following vote: AYES: 3 COUNCILMEMBERS: Downey, Haferman, Selfridge NOES: 2 COUNCILMEMBERS: Sollecito, Della Sala ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None ADJOURNMENT Having no further business before the City Council, Mayor Della Sala adjourned the meeting at 8:49 a.m. Respectfully Submitted, Approved, Catherine Raynor Chuck Della Sala Senior Assistant City Clerk Mayor 2