Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, June 15, 2010 4:00 - 5:30 p.m. 7:00 - 11:00 p.m. COUNCIL CHAMBER, FEW MEMORIAL HALL MONTEREY, CALIFORNIA Councilmembers Present: Councilmembers Downey, Haferman, Selfridge, Sollecito, Della Sala Absent: None City Staff City Manager, City Attorney, Director of Information Resources/City Clerk, Present: Assistant City Manager, Finance Director, Fire Chief, Human Resources Director, Library Director, City Engineer, Recreation & Community Services Director, Assistant Director Plans and Public Works, Chief of Planning & Engineering, Deputy Police Chief, Public Facilities Director, Parking Superintendent, Housing & Property Manager, Principal Planner, Deputy Police Chief, Harbormaster, Senior Assistant City Clerk CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. CONSENT ITEMS Councilmember Downey asked the City Clerk to review the video and amend Item 17 on the June 1 Minutes to include her comment that the City has spent millions of dollars on Window to the Bay to protect ocean views, and protecting the view is most important. Councilmembers Haferman and Selfridge noted their abstention from voting on Item 1, as they did not attend the May 26 meeting. On a motion by Councilmember Haferman, seconded by Councilmember Sollecito, and carried by the following vote, the City Council amended the June 1, 2010 minutes and approved the Consent Agenda, except Item #8, which was removed for separate discussion, with Councilmembers Selfridge and Sollecito abstaining from voting on Item #1: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None Approval of Minutes 1. May 26, 2010 (Information Resources - 701-09) Action: Approved (3-0-2; Haferman, Selfridge abstaining) 2. June 1, 2010 (Information Resources - 701-09) Action: Amended and approved Ordinances  City Council Minutes Tuesday, June 15, 2010 3. First Reading - Adopting Ordinance Amending Chapter 30 of the Monterey City Code, Section 30-14, Setting Sewer Fees and Repealing Section 30-15, Increased Sewer Fees (Plans and Public Works - 802-11) Action: Passed Ordinance to print Resolutions 4. Approving Additions and Modifications to City of Monterey Records Retention / Disposition Schedule (Information Resources - 104-03) Action: Adopted Resolution No. 10-079 C.S. 5. Adopting 2010-2011 Appropriation Limit (Gann Initiative) (Finance - 407-01) Action: Adopted Resolution No. 10-080 C.S. 6. Approving Ratification of Contract for Emergency Replacement of a Sewer Lateral Serving a Single Family Dwelling at 459 English Avenue (Plans & Public Works) (Plans and Public Works - 405-04) Action: Adopted Resolution No. 10-081 C.S. 7. Authorizing a Consent to Lease a Portion of the McGraw-Hill Building at 20 Ryan Ranch Road (Plans and Public Works - 704-05) Action: Adopted Resolution No. 10-082 C.S. 8. Approving Resolution for Recommended Reclassification (Human Resources - 507-) Action: Removed from Consent; discussed; motion to approve failed due to a requirement for a four-fifths vote (3-2; Downey, Selfridge voting no) Human Resources Director McCarthy presented the staff report. Councilmember Downey voiced concerns about the timing of this action, given the budget concerns. Assistant City Manager Cohn explained that this reclassification request was pending last year, but all such requests were held back due to budget concerns at that time. He strongly recommended approving it. Councilmember Selfridge agreed that the timing is bad. Mayor Della Sala said that it is always the right time to do what is right, and this individual has earned this reclassification and an inequity currently exists. Councilmember Sollecito said that ten years is a long time to work out of class, and it is time to make it right. He said that Council is here to make the right decisions for the City. Councilmember Downey asked why it has taken so long to bring this forward, and Assistant City Manager Cohn said that there is not a good explanation. It was moved by Councilmember Sollecito, and seconded by Councilmember Haferman, to approve the Resolution for a recommended reclassification. Councilmember Haferman voiced concerns regarding being able to fill this position if the incumbent were to leave. Mayor Della Sala noted that Council has to be mindful of the incumbent's experience and the amount of the increase in pay would not save one single job if it were not granted. 2  City Council Minutes Tuesday, June 15, 2010 The motion failed by the following vote due to a Charter requirement for a four-fifths vote: AYES: 3 COUNCILMEMBERS: Haferman, Sollecito, Della Sala NOES: 2 COUNCILMEMBERS: Downey, Selfridge ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments on items not on the agenda. Nina Beatty referenced a letter she wrote to the City Council voicing concerns regarding PG&E's installation of new smart meters, and she asked Council to impose a moratorium on them. She submitted additional information including contact information for EMF Safety Network of Sonoma County. Kristyn Elise Admire, MIIS Grad Student and NPS employee, said that she has been chosen to represent the Monterey Bay area in the Miss California pageant and she detailed some of her accomplishments and ambitions. She asked for the City's endorsement. Uwe Grobecker, Santa Lucia Cafe owner, suggested that Monterey sell some of its real estate assets, close the Library and Sports Center one day per week, and tap the reserves in order to fund capital investments. Having no further requests to speak, Mayor Della Sala closed Public Comments. PUBLIC HEARING 9. Consider Adopting Resolution Levying the Annual Assessment for: (Plans and Public Works - 407-08) Action: Held Public Hearing; adopted Resolutions as noted a. Cannery Row Business Improvement District; Action: Adopted Resolution No. 10-083 C.S. b. New Monterey Business Improvement District; Action: Adopted Resolution No. 10-084 C.S. c. North Fremont Business Improvement District; and, Action: Adopted Resolution No. 10-085 C.S. d. Old Monterey Business Improvement District. Action: Adopted Resolution No. 10-086 C.S. Principal Planner Cole presented the staff report. Councilmember Downey suggested that the business organizations consider using some of their funds for the traffic study. Mayor Della Sala opened the Public Hearing, and having no requests to speak, closed the hearing. On a motion by Councilmember Sollecito, seconded by Councilmember Selfridge, and carried by the following vote, the City Council adopted Resolutions approving the Business Improvement Districts: 3  City Council Minutes Tuesday, June 15, 2010 AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None ***Adjourn to Closed Session*** Mayor Della Sala adjourned the meeting to closed session at 4:48 p.m., and Council recessed from closed session at 5:30 p.m. Mayor Della Sala reconvened the meeting at 7:00 p.m., and all Councilmembers were present. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that the City Council considered one closed session item, a conference with labor negotiators regarding the General Employees of Monterey, and authorized staff to issue layoff notices for five full time employees, three regular part time employees, and the reduction of two full time employees' positions to regular part time positions. The vote was 4-1, with Councilmember Selfridge voting no. CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened the floor for public comments on items not on the agenda. Regina Lauterbach, MPUSD Board President, thanked Mayor Della Sala and Councilmember Sollecito for meeting with her today. She thanked the community for help at the US Open. She invited people to a meeting tomorrow to discuss the reconfiguration of the school district. Kim Lemaire, Hope Center Food Pantry, announced that her organization has a program supplying groceries to families within the community. Lauren and Kiley, volunteers at the Hope Center, encouraged kids to help them distribute food. Matthew and Dillon, founding members of the Hope Center, urged students to think about the Hope Center to fulfill their community service hours. On question, they said that the center's location is 381 High Street. Barbara Bass Evans asked the Council to stop the Waterfront planning process now. She said that staff has an agenda, and it would save staff time and money to stop it. She suggested widening the Recreation Trail. Michael Adamson spoke in support of First Night Monterey's request for in kind services. Having no further requests to speak, Mayor Della Sala closed Public Comments. PUBLIC APPEARANCE 10. Adopting amendments to the Memoranda of Understanding with the General Employees of Monterey (GEM), Management Employees’ Association (MEA), Monterey Police Association (MPA), Police Lieutenants’ Management Association (PLMA), Monterey Fire Fighters' Association (MFFA), Fire Management Association (FMA) and amending compensation to the Deputy Police Chiefs, the Assistant Fire Chief, Executive Management and Regular Part Time employees (Human Resources - 507-01) Action: Adopted Resolution 10-087 C.S. Human Resources Director McCarthy presented the staff report. Mayor Della Sala opened public comments on the item. Nelson Vega said that it would be better to give employees a raise this year and in one year recalibrate and start fresh. He 4  City Council Minutes Tuesday, June 15, 2010 suggested using reserves to pay the raise. Barbara Bass Evans said that the management salary schedule is out of line with the public and private sector and should be reduced by ten percent. She suggested reducing the number of employees, not using consultants, and privatizing the convention center. Having no further requests to speak, Mayor Della Sala closed public comments on the item. Mayor Della Sala noted that less than 200 people are contributing to the $670,000 in employee concessions, and a transition period over a longer period of time is the best process for making reductions. Assistant City Manager Cohn noted that the existing employee contracts do not expire for two years. The Mayor stated that the Executive Management team has been cut by one-third, and another position might be eliminated in the near future. Councilmember Downey said that while the employee concessions are deferrals, Executive Management, Management, Fire Management, Deputy Police Chiefs, Firemen, and Police Lieutenants had all agreed to give up their COLAs entirely, and she applauded them. Councilmember Sollecito said that during good times, the private sector has higher salaries than the public sector, and according to a recent national survey, even during these times the private sector is still better off with regard to salaries. On a motion by Councilmember Sollecito, seconded by Councilmember Haferman, and carried by the following vote, the City Council adopted Resolution 10-087 C.S., amending the Memoranda of Understanding with the General Employees of Monterey (GEM), Management Employees’ Association (MEA), Monterey Police Association (MPA), Police Lieutenants’ Management Association (PLMA), Monterey Fire Fighters' Association (MFFA), Fire Management Association (FMA) and amending compensation to the Deputy Police Chiefs, the Assistant Fire Chief, Executive Management and Regular Part Time employees: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None 11. Adoption of 2010-11 Operating Budget (Finance - 406-03) Action: Adopted Resolution No. 10-088 C.S. including funding from the Cultural Arts reserve for First Night Monterey not to exceed $20,000, and as economically as possible by partnering with OMBA: City Manager Meurer introduced the item, and Finance Director Rhoads presented the staff report. Mayor Della Sala opened the floor for public comment. Michael Huston, Monterey resident, spoke in support of First Night's request. Kirk Paul spoke in support of First Night. Ken Peterson, Monterey resident supported First Night Monterey. Ellen Martin, Executive Director of First Night, asked Council to fund $20,000 in services. On question, she said that the price of the button has not been increased because this is a family event. She noted that OMBA has volunteered to help defray some of the costs for services. Dan O'Brien, Monterey businessman, spoke in support of First Night. Andrew Gilhoulie supported First Night's request. Chris Quist, Monterey resident spoke in support of funding First Night. Larry Oda supported funding for First Night. Robert Ramon, Director of Cantus Monterey, spoke in support of First Night. Suzanne Gravelle thanked the Council and staff and supported funding First Night. Matt Bosworth supported funding First Night. Tomas Marrius spoke in support of First Night. Jeannette Brenner supported funding First Night. Arthur Wu spoke in support of First Night. Michael Huston, Monterey resident spoke in 5  City Council Minutes Tuesday, June 15, 2010 support of First Night. Sally Urlich, US Postal worker and Monterey resident, supported First Night. Leonard Hahn, CUSMB lecturer, spoke in support of First Night. John Tallon spoke in support of First Night funding. Having no further requests to speak, Mayor Della Sala closed public comment on the item. It was moved by Councilmember Sollecito, and seconded by Councilmember Haferman, to adopt Resolution No. 10-88 C.S., approving the 2010-11 Operating Budget including funding First Night Monterey as economically as possible by partnering with OMBA. Councilmember Sollecito said that it is commendable to live within our means and to remain who we are. Councilmember Haferman offered a friendly amendment to the motion to say that the First Night funding would not exceed $20,000, and Councilmember Sollecito accepted the amendment. Mayor Della Sala suggested amending the motion to use the Cultural Arts reserve account rather than General Fund. The motion maker and seconder agreed to the amendment, clarifying that the direction is to work with OMBA to take advantage of their offer of help. Councilmember Downey said that First Night is important and she supports taking the funding from Cultural Arts. Councilmember Selfridge voiced concerns regarding the funding source. The motion carried by the following vote: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None Mayor Della Sala called a recess at 8:55 p.m., then reconvened the meeting at 9:04 p.m. Adjourn to Redevelopment Agency Meeting Council adjourned to a meeting of the Redevelopment Agency Board of Directors. 12. Redevelopment Agency Budget for Fiscal Year 2010-2011 (Finance - 406-05) Action: Adopted RDA Resolution No. 848 Finance Director Rhoads presented the staff report. Chair Della Sala opened the floor for public comments on the item. Uwe Grobecker asked when the RDA would expire, and Mr. Rhoads said it would end in FY 2018-19. Having no further requests to speak, the Chair returned the discussion to the dais. On a motion by Director Downey, seconded by Director Sollecito, and carried by the following vote, the RDA Board adopted RDA Resolution No. 848, approving the Redevelopment Agency Budget for Fiscal Year 2010-2011: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None 6  City Council Minutes Tuesday, June 15, 2010 Adjourn to Joint Powers Authority Meeting The RDA Board adjourned to a meeting of the Joint Powers Authority Board of Directors. 13. City of Monterey Joint Powers Financing Authority Budget for 2010-2011 (Finance - 406-06) Action: Adopted JPA Resolution No. 28 Finance Director Rhoads presented the staff report. Chair Della Sala opened the floor for public comments on the item, and having no requests to speak, closed the floor. On a motion by Board Member Haferman, seconded by Board Member Downey, and carried by the following vote, the Joint Powers Authority Board of Directors Adopted JPA Resolution No. 28 approving the City of Monterey Joint Powers Financing Authority Budget for 2010-2011: AYES: 5 DIRECTORS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None ABSTAIN: 0 DIRECTORS: None Adjourn to Ocean View Community Services District Meeting The JPA Board adjourned to an Ocean View Community Services District Board meeting. 14. Ocean View Community Services District Budget for 2010-2011 (Finance - 406-07) Action: Adopted CSD Resolution No. 12 CSD Treasurer Rhoads presented the report. Chair Della Sala opened the floor for public comment on the item. Barbara Bass Evans submitted the Coastal Commission Conditions of Approval for the record. She said that to comply with the conditions, the project will have to be redesigned and come back to the City for approval. She voiced concerns regarding the development's proposed desal plant. With no further requests to speak, the Chair closed public comments. On a motion by Director Sollecito, seconded by Chair Della Sala, and carried by the following vote, the Ocean View Community Services District Board adopted CSD Resolution No. 12, approving the Ocean View Community Services District Budget for 2010-2011: AYES: 5 DIRECTORS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 DIRECTORS: None ABSENT: 0 DIRECTORS: None ABSTAIN: 0 DIRECTORS: None Adjourn to City Council Meeting The CSD Board adjourned back to the City Council meeting. COUNCIL COMMENTS Councilmember Sollecito said that he and the Mayor had a very productive meeting with members of the MPUSD Board members. 7 City Council Minutes Tuesday, June 15, 2010 Councilmember Haferman recommended a DVD sponsored by the Monterey Public Library, Shades and Stories of Monterey. He brought forward a letter by Assembly Member Monning asking for support of a jobs bill. He referenced Council's recent decision on the Transportation Plan and noted that no EIR was done on the Farmers' Market on Alvarado Street or the Carmel Valley Road reconfiguration. Councilmember Selfridge noted that Eric Palmer worked on the Shades of Monterey video and did an outstanding job. She congratulated the 2010 Fire academy class, and said that she is excited about outcome based budgeting. She supported exploring a blue ribbon committee. Ms. Selfridge asked to agendize an item on placing an advisory vote on the November ballot regarding light rail on Window to the Bay. She asked to agendize an item to put a hold on the waterfront plan. Councilmember Downey said that the Waste Management open house last weekend was phenomenal. She reported that MST is sponsoring a pilot program for a $38 student summer buss pass. She asked that the quicker items to be placed first on the agenda. She asked to have testimonials put online about how ECM has helped employees. Mayor Della Sala presented a letter from the Planning Commission Vice Chair regarding the Council's policy on the rotation of Board and Commission Chair people and said he plans to place that matter on the next Council agenda. He announced that Council would have an adjourned meeting on Wednesday June 23 to discuss the regional water project. CITY MANAGER REPORTS City Manager Meurer reported on the progress of the regional water project. He gave a brief report to clarify how staff will move forward with the Downtown work program. He reviewed a history of the approval of the Waterfront plan. ADJOURNMENT Having no further business to come before the City Council, at 9:54 p.m. Mayor Della Sala adjourned the meeting to 4:00 p.m. on June 23, 2010. Respectfully Submitted, Approved, Bonnie L. Gawf Chuck Della Sala Director Information Services / City Clerk Mayor 8