Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, April 5, 2011 4:00 - 5:30 p.m. 7:00 - 11:00 p.m. COUNCIL CHAMBER, FEW MEMORIAL HALL OF RECORDS MONTEREY, CALIFORNIA Councilmembers Present: Councilmembers Haferman, Selfridge, Sollecito, Mayor Della Sala Absent: Councilmember Downey City Staff City Manager, Assistant City Manager, Director of Information Present: Resources/City Clerk, City Attorney, Assistant Director Plans and Public Works, Chief of Planning, Engineering, & Environmental Compliance, Finance Director, Fire Chief, Community Services Director, Human Resources Director, Recreation & Community Services Director, Deputy Police Chief, Housing & Property Manager, Principal Planner CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. PRESENTATIONS 1. Recognition of Defense Language Institute Quarterly Joint Service Awards (City Manager - 701-17) Action: Presented proclamations Mayor Della Sala presented proclamations to Sergeant Lesley Tupper and Specialist Joe A Hernandez, and both made brief comments. CONSENT ITEMS Mayor Della Sala said that a member of the public has requested to remove Item 10 from the Consent Agenda, and Councilmember Selfridge asked to remove Items 5 and 9. On a motion by Councilmember Sollecito, seconded by Councilmember Haferman, and carried by the following vote, the City Council approved the Consent Agenda, except items 5, 9, and 10, which were removed for discussion: AYES: 4 COUNCILMEMBERS: Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Downey ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Approval of Minutes 2. March 23, 2011 (Information Resources - 701-09) Action: Approved (4-0-1; Downey absent) Resolutions  City Council Minutes Tuesday, April 5, 2011 3. Resolution to Amend the 2010-'11 Position Control List Adding One Street Maintenance Worker Overfill Position to the Plans & Public Works Department through June 30, 2011 (Plans & Public Works - 502-03) Action: Adopted Resolution No. 11-031, CS (4-0-1; Downey absent) 4. Transfer Funds for the Presidio Municipal Services Agency (PMSA) - Defense Manpower Data Center (DMDC) 4th Floor Bathroom Remodel Project ***PMSA*** (Plans & Public Works - 807- 02) Action: Adopted Resolution No. 11-032, CS (4-0-1; Downey absent) 5. Amending Resolution 10-170 C.S. Authorizing Additional Work And Approve Additional Funding for the Wharf 1 Structural Repair Project ***CIP*** (Plans & Public Works - 807-02) Action: Removed from Consent; discussed; adopted Resolution No. 11-033, CS (4-0-1; Downey absent) Principal Engineer McMinn presented the staff report. Councilmember Selfridge said that she toured the Wharf and saw the extensive damage, which was not initially visible. She said that it was impossible to see the damage until the repairs were begun, and she is very pleased with how this project has progressed. Mayor Della Sala clarified that the lessees are responsible for repairs to decking and pilings under their structures. He opened the floor for public comments. Bob Oliver asked what the scope of the project was and the original budget. Mr. McMinn reviewed the scope and budget. Having no further requests to speak, Mayor Della Sala closed public comment on the item. On a motion by Councilmember Selfridge, seconded by Councilmember Sollecito, and carried by the following vote, the City Council adopted Resolution No. 11-033, C.S., amending Resolution 10-170 C.S. and authorizing additional work and approving additional funding for the Wharf 1 Structural Repair Project: AYES: 4 COUNCILMEMBERS: Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Downey ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 6. Awarding Contract for the 600 Spencer Widening Project ***NIP*** (Plans & Public Works - 808-02) Action: Adopted Resolution No. 11-034, CS (4-0-1; Downey absent) 7. Order Engineer’s Report for Calle Principal Maintenance District 00-1 (Plans & Public Works - 407-08) Action: Adopted Resolution No. 11-035, CS (4-0-1; Downey absent) 8. Order Engineer’s Report for Alvarado Street Maintenance District 85-1 (Plans & Public Works - 407-08) Action: Adopted Resolution No. 11-036, CS (4-0-1; Downey absent) 2  City Council Minutes Tuesday, April 5, 2011 9. Authorize Lighthouse/Foam and Downtown Specific Plan Financing Plan Request for Proposals (Plans & Public Works - 201-12) Action: Removed from Consent; discussed; adopted Resolution No. 11-037, CS (3-1-1; Selfridge voting no; Downey absent) Principal Planner Caraker presented the staff report. Councilmembers discussed the possibility of waiting to circulate the RFP. Mayor Della Sala opened the floor for public comment on the item, and no one came forward so he returned the discussion to the dais. Councilmember Selfridge said that she favors waiting for the North Fremont Plan to move forward before sending out this RFP. Mayor Della Sala noted that this action does not obligate any funds at this time. On a motion by Mayor Della Sala, seconded by Councilmember Sollecito, and carried by the following vote, the City Council adopted Resolution No. 11-037 C.S., authorizing the Lighthouse/Foam and Downtown Specific Plan Financing Plan Request for Proposals: AYES: 3 COUNCILMEMBERS: Haferman, Sollecito, Della Sala NOES: 1 COUNCILMEMBERS: Selfridge ABSENT: 1 COUNCILMEMBERS: Downey ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 10. Adopting Amendments to the Memoranda of Understanding with the Management Employees’ Association (MEA), Monterey Fire Fighters’ Association (MFFA), and Fire Management Association (FMA), and Amending Compensation to the Assistant Fire Chief (Human Resources - 507-01) Action: Removed from Consent; discussed; amended adopted Resolution No. 11-038, C.S., approving amendments to the MOUs with MFFA and FMA, and amending compensation to the Assistant Fire Chief (4-0-1; Downey absent); motion to amend MOU with MEA failed due to the requirement for a four-fifths vote (3-1-1; Selfridge voting no; Downey absent) Human Resources Director McCarthy presented the staff report. Mayor Della Sala opened public comment on the item. Nelson Vega suggested letting the contract expire rather than extending it for another year. He said that in the interest of shared sacrifice he would prefer to let the contract expire and start negotiations fresh. He said that he hopes the Council does not ask the taxpayers to make up the rest of the deficit. He suggested waiting until Council hears back from the other bargaining groups before approving this action. He asked if it is fair to put new employees on a different tier. Tom Reeves, Vice President of MEA, noted that managers do not work just an eight hour day, and are not paid overtime. He said that some hourly employees who receive overtime are paid more than some of the managers. He said that all of the City's employees' salaries are based on an average of comparable communities, which were chosen by the City Council. Jim Courtney, MFFA representative, said that the Monterey Firefighters understand the budget issues and have worked with the City to help with the financial issues. He said that if we work together, we can make it through the tough times. Bob Oliver said that during the early part of 2000, a proposal was brought before the voters to allow binding arbitration for public safety employees. He said that after some good years, we 3 City Council Minutes Tuesday, April 5, 2011 are in bad years, and he hopes the Council will find a reasonable way to settle this issue. Andrew Miller, Monterey Fire Chief, said that the Fire employees have stepped up by giving concessions, and are coming forward with a proposal to reduce the Fire Department budget by $1 million. He said that the total Fire Department budget is offset by revenues by almost 25%. Having no further requests to speak, Mayor Della Sala closed public comments on the item. Councilmember Sollecito said that last year he represented the area on the Public Safety Committee at the League of California Cities, and there was a recommendation from the League for a two-tier retirement system. He thanked the employees and bargaining units for their generosity, noting that the economy around the world is bad at this time. He said that he is proud of this agreement and it is important to recognize this victory. Councilmember Haferman reiterated that the City asked to reopen the contracts with the groups, the Council has spent many hours in closed session on this matter and staff has been bargaining in good faith, based on Council's directions. He confirmed that the employees contribute a percentage of their salaries to PERS. He expressed appreciation to the employees and bargaining units. Councilmember Selfridge said that she appreciates Mr. Vega's comments. She voiced concerns that this decision was being made in the absence of Councilmember Downey. Mayor Della Sala suggesting separating the items. On a motion by Mayor Della Sala, seconded by Councilmember Sollecito, and carried by the following vote, the City Council amended and adopted Resolution No. 11-038 C.S., approving the amendments to the Memoranda of Understanding with the Monterey Fire Fighters’ Association (MFFA) and Fire Management Association (FMA) and amending compensation to the Assistant Fire Chief: AYES: 4 COUNCILMEMBERS: Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Downey ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None On question, Mr. McCarthy explained that staff had bargained in good faith, taking Council's directions to the MEA. He said that if new parameters are set at this time, the MEA could take the City before the PERB on a bad faith bargaining charge. On question, Ms. Selfridge said that, even though she voted in favor of the negotiating parameters, she did not believe that the Council discussions were completed in closed session and it was very late at night when the vote was taken. It was moved by Mayor Della Sala, and seconded by Councilmember Sollecito, to approve amendments to the Memorandum of Understanding with the Management Employees’ Association (MEA). Councilmember Haferman said that this matter was decided in closed session, and he is going to support the motion. Mayor Della Sala said that it is important to stand by the unanimous decision that has already been made. Councilmember Selfridge said that she has faith in the negotiator, but she did not understand the ramifications when she made her decision in closed session at 11:30 at night. The motion failed by the following vote: 4  City Council Minutes Tuesday, April 5, 2011 AYES: 3 COUNCILMEMBERS: Haferman, Sollecito, Della Sala NOES: 1 COUNCILMEMBERS: Selfridge ABSENT: 1 COUNCILMEMBERS: Downey ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Other 11. Authorize the Housing and Property Management Manager to Decline to Purchase Two (2) Deed Restricted Affordable Condominium Units (#193 and #272) at 300 Glenwood Circle (Plans & Public Works - 206-03) Action: Approved (4-0-1; Downey absent) ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments on items not on the agenda. Bob Oliver said that the intersection of Aguajito and Fremont continues to be an illegal intersection creating a dangerous situation and a ticketing 'sweet spot.' He said that there is no transparency. Having no further requests to speak, the Mayor closed public comments on items not on the agenda. Mayor Della Sala opened the floor for public comments on the closed session items. Carl Outzen spoke on behalf of himself and Foothill Partners regarding 595 Munras. He said that time is of the essence with regard to using the water allocation and the RDA funding. He reviewed the income benefits to the City of his proposal regarding 595 Munras. He said that the right development on that lot is important. Bob Oliver asked if there are 45 open litigation cases, and the Mayor clarified that these are potential cases. Having no further requests to speak, Mayor Della Sala closed public comments on the items and adjourned the meeting to closed session at 5:35 p.m. Mayor Della Sala called the meeting to order at 7:00 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that the Conference with Labor Negotiators was continued to April 19, 2011, and closed session Items 2 and 3 would be taken up after tonight’s evening session CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened public comments on items not on the agenda. Nina Beatty said that AT&T is planning to phase out land line service over time in favor of cell phones and broadband. She said that she has placed information on SmartMeters in the Library. Nelson Vega said that employees are paid a great deal of money so they can afford to pay a portion of their PERS retirement. He said that if there is ever a shortfall in the pension fund, the City has to make it up. Councilmember Sollecito clarified his comments, saying that some cities pay 100% of CalPERS and don't ask the employee to pay anything, but Monterey's public safety employees pay 9% and will pay 13% after a new contract is signed. City Manager Meurer gave a brief history of "total comp" and noted that there were several years when the City did not have to pay into PERS. 5  City Council Minutes Tuesday, April 5, 2011 Sharon Frye, on behalf of the Monterey Peninsula Yacht Club, said that children who receive scholarships and attend the summer sailing program have benefited greatly. She asked the Council to support the organization. Neil Hotelling, former Monterey resident, said that he recently worked on editing an article for Historic Monterey. He said that it is becoming more difficult to photograph historic properties in a meaningful way, and he asked the Council to consider that when approving projects. He said that there is no flag flying at Custom House Plaza and he suggested that the City take the responsibility for raising that flag every day. Glen Johnson, former ARC Member, expressed concerns regarding signs that have been recently approved by the ARC. Clyde Roberson spoke about shared sacrifice, commending the MEA, MFFA, and FMA for their sacrifice to assist the City. He said that the Library Board will be presenting a budget with a 4.8% cut in it. He noted the amount of money that will be needed for capital improvements in the near future. He displayed a chart showing sales tax rates in other cities and noted that Monterey's is low in comparison. Having no further requests to speak, Mayor Della Sala closed the public comment period. PRESENTATIONS 12. Receive a Presentation from the Transportation Agency for Monterey County on County-wide Highway Projects (Plans & Public Works - 809-07) Action: Received and discussed report Chief of Planning Rerig introduced TAMC's Executive Director, Debbie Hale. Ms. Hale introduced TAMC Deputy Director Don Bachman, and made a presentation regarding TAMC's highway projects, focusing on the Highway 156 Widening project. Councilmember Sollecito commended TAMC's staff and the elected officials who work together with a regional mindset to improve the area's transportation. Mayor Della Sala opened the floor for public comments on the item, no one came forward, and he closed the floor. PUBLIC APPEARANCE 13. Presentation on Status of Monterey County Regional Taxi Authority (Police - 813-04) Action: Received and discussed report Deputy Police Chief Penko presented the staff report. He introduced Tom Greer, Monterey Peninsula Airport, who gave an update on the status of open entry at the Airport. Mayor Della Sala opened the floor for public comments on the item. Scott Phillips, taxicab owner-operator, said that the cab ride from the airport costs $14, plus a surcharge of $3. He said that the system is not working at this time and needs to be changed. Steve Cardinelli, Yellow Cab, said that his company does not charge a surcharge and he is opposed to putting that into the meter. He said that the regional system will cost more and will not work. John Cardinelli, formerly with Yellow Cab, suggested that the Council get out of the RTA agreement and said that it is doomed to failure. Bettina Hotelling asked for clarification regarding which cab companies can go to the airport, and Mr. Greer said that any company can drop off at the airport, but only one, Central Coast Cab, can pick up at that location. Having no further requests to speak, Mayor Della Sala closed public comment. 6  City Council Minutes Tuesday, April 5, 2011 Mayor Della Sala called a recess at 8:50 p.m., then reconvened the meeting at 9:00 p.m. Council adjourned to a meeting of the RDA. REDEVELOPMENT AGENCY - PUBLIC APPEARANCE 14. Provide Policy Direction regarding the Monterey Maritime Museum and History Center [Parcel C1b at 5 Custom House Plaza] (Plans & Public Works - 704-11) Action: Received report and extended the closure date to June 30, 2011, required a financial review rather than an audit, and required a written vision statement by May 1, 2011 and an exhibit concept by May 1, 2011 (4-0-1; Downey absent) City Manager Meurer introduced the item. RDA Director Selfridge disclosed that she has discussed the Museum with MHAA Executive Director John Bailey, but did not discuss any topics that are included in tonight's report. Executive Director Bailey said that the organization is on course to build a museum that Monterey will be proud of. He gave an update of their progress to date. Thomas Hood, Monterey History and Art Association President, reviewed some of the problems the organization has had over the past few months. He reviewed the mission for the project. Chair Della Sala opened the floor for general public comments. Bob Oliver said that since there are only seven people present, the item should be revisited later. He reviewed the history of the organization as a purely volunteer effort, saying that it should return to that model. Neil Hotelling read a letter of concern about the continued closure into the record. Bettina Hotelling said that there is a state requirement for a 501c3 to create a financial report, and she supported the idea of a written mission statement. Bob Anea said that he has worked to preserve Monterey's sardine fishing industry, and he has offered related materials to MHAA. Mr. Bailey explained that maritime museums do not draw adequate numbers of visitors to sustain them. On question, he said that if the museum was not open by June 30, the agreement should be terminated, but he did not believe that he could agree to a stipulation to be out within two weeks after that date. Having no further requests to speak, Chair Della Sala closed public comment. Director Sollecito supported getting the doors open, then requiring an audited statement. Director Selfridge said that she would like to see an audited financial report. It was moved by Chair Della Sala, and seconded by Director Selfridge, to approve the closure extension for the Monterey Maritime Museum and History Center to June 30, 2011, require a financial review rather than an audit, require a written vision statement by May , 2010 and an exhibit concept by May 1, 2010. Chair Della Sala suggested that perhaps a business plan would be an important component. On question, Mr. Bailey said that there are many things to do in order to get the doors open. Mr. Sollecito suggested making the key component getting the museum open on June 30, and allow the plan to come later. The Board of Directors discussed their comfort level with the new direction and indicated their support, with the stipulation that it must have a strong maritime theme and the lease should be examined to make sure it does not preclude that direction. The motion carried by the following vote: 7  City Council Minutes Tuesday, April 5, 2011 AYES: 4 DIRECTORS: Haferman, Selfridge, Sollecito, Della Sala NOES: 0 DIRECTORS: None ABSENT: 1 DIRECTORS: Downey ABSTAIN: 0 DIRECTORS: None RECUSED: 0 DIRECTORS: None The Redevelopment Agency Board adjourned to a meeting of the Ocean View Community Services District. Adjourn to Ocean View Community Services District Meeting The Community Services District Board adjourned to the a meeting of the City Council 15. Select Community Services District Candidate for the Local Agency Formation Commission of Monterey County (LAFCO) Election of a Special District Alternate Representative (Information Resources - 706-08) Action: Selected Mary Ann Leffel as the Community Services District candidate for the LAFCO of Monterey County election of a Special District Alternate Representative (4-0-1; Downey absent) Mayor Della Sala voiced support for appointing Mary Ann Leffel. He opened public comment on the item, and with no requests to speak, he returned the discussion to the dais. On a motion by Chair Della Sala, seconded by Director Sollecito, and carried by the following vote, the Ocean View Community Services District Board voted to select Mary Ann Leffel as the Community Services District Candidate for the Local Agency Formation Commission of Monterey County (LAFCO) election of a Special District Alternate Representative: AYES: 4 DIRECTORS: Haferman, Selfridge, Sollecito, Della Sala NOES: 0 DIRECTORS: None ABSENT: 1 DIRECTORS: Downey ABSTAIN: 0 DIRECTORS: None RECUSED: 0 DIRECTORS: None Adjourn to City Council Meeting COUNCIL COMMENTS Councilmember Selfridge thanked Carl Outzen for improvements to Lighthouse and thanked the Lighthouse Business Association for donating the trees. She congratulated Assistant Fire Chief Roth. Mayor Della Sala acknowledged the outstanding services of Monterey Police Officer Kaster and Building Department employees Lisa Feliciano and Joe Headley. Mr. Della Sala noted that Congressman Sam Farr was singing the praises of the "Monterey Model" at the Presidio and City Manager Meurer in an article in today's paper. CITY MANAGER REPORTS City Manager Meurer said that Assistant City Manager Cohn and Deputy Public Works Director Uslar are responsible for the day to day operations at the Presidio. 8 City Council Minutes Tuesday, April 5, 2011 ADJOURNMENT Mayor Della Sala adjourned the meeting to closed session at 10:52 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that the Conference with Legal Counsel regarding Potential Litigation was continued to April 19, 2011 on a vote of 4-0-1, with Councilmember Downey absent. She reported that the Conference with Real Property Negotiators regarding 595 Munras Avenue was tabled on a vote of 3-1-1, with Councilmember Downey absent and Mayor Della Sala not participating due to a potential conflict of interest Respectfully Submitted, Approved, /s/ /s/ Bonnie Gawf Chuck Della Sala Director Information Resources / City Clerk Mayor 9