Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, April 3, 2012 4:00 - 5:30 p.m. 7:00 - 11:00 p.m. COUNCIL CHAMBER, FEW MEMORIAL HALL OF RECORDS MONTEREY, CALIFORNIA Councilmembers Present: Councilmembers Downey, Haferman, Selfridge, Sollecito, Della Sala Absent: None City Staff City Manager, Interim City Attorney, Assistant City Manager, Finance Present: Director, Community Services Director, Human Resources Director, Chief of Planning, Engineering, and Environmental Compliance, Assistant Director Plans and Public Works, Principal Planner, City Engineer, Traffic Engineer, Police Lieutenant, Principal Engineer, Senior Assistant City Clerk CALL TO ORDER Mayor Della Sala called the meeting to order at 4:04 p.m. City Manager Meurer asked that item 7 be continued and Councilmember Downey indicated she had questions on item 6. CONSENT ITEMS On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, the City Council approved the Consent Agenda excluding items 6 and 7: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Approval of Minutes 1. March 20, 2012 (Information Resources - 701-09) Action: Approved Award of Contracts 2. Award Street Resurfacing 2012 for the City of Monterey and Presidio Municipal Services Agency Contract for Construction ***CIP/PMSA*** (Plans & Public Works - 405-04) Action: Adopted Resolution 12-042 C.S. 3. Award Presidio of Monterey - Building 344 Computer Room Air Conditioning Project Contract for Construction ***PMSA*** (Plans & Public Works - 405-04) Action: Adopted Resolution 12-043 C.S.  City Council Minutes Tuesday, April 3, 2012 Resolutions 4. Adopt Resolution Approving Delegation of Authority for Executing Caltrans Documents (Finance - 409-02) Action: Adopted Resolution 12-044 C.S. 5. Authorize Mayor to Provide Written Support for AB 1842 (Monning) - California Central Coast State Veterans Cemetery Endowment Fund (Plans & Public Works - 704-03) Action: Adopted Resolution 12-045 C.S. 6. Award Sanitary Sewerline Rehabilitation Program Management and Design Phase 1 Professional Services Contract ***CIP*** (Plans & Public Works - 405-04) Action: Pulled from consent; discussed; and adopted Resolution 12-046 C.S. Councilmember Downey stated that funds for the sewer project are coming from the Areas of Special Biological Significance (ASBS) fund and asked how that impacts the City's ability to work on ASBS issues. City Manager Meurer noted that sewerline rehabilitation is one of the highest priorities within ASBS efforts, indicating approval of this item helps ASBS. On a motion by Councilmember Downey, seconded by Councilmember Haferman, and carried by the following vote, the City Council approved staff recommendation Awarding Sanitary Sewerline Rehabilitation Program Management and Design Phase 1 Professional Services Contract ***CIP*** to Harris & Associates and adopting Resolution 12-046 C.S.: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Other 7. Ratification of Mayor's Appointments to the Oversight Board of the Successor Agency to the City of Monterey Redevelopment Agency (Finance - 701-04) Action: Pulled from Consent Agenda and Continued to April 17, 2012 Meeting On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council continued the Ratification of Mayor's Appointments to the Oversight Board of the Successor Agency to the City of Monterey Redevelopment Agency to its April 17, 2012 Meeting: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None ***End of Consent Agenda*** 2  City Council Minutes Tuesday, April 3, 2012 PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments on items not on the agenda. Uwe Grobecker urged the Council to act on the upgrade of the Conference Center, suggesting the City work with the Monterey County Hospitality Association (MCHA). Mr. Grobecker stressed that citizens have seen lots of City plans of late, but citizens want to see things like tax measures added to the November ballot to finance the upgrade and for the upgrade to start as soon as possible. Mayor Della Sala stated MCHA was heavily involved in the review of the $31 million upgrade of the Conference Center and that Council has already directed staff to find a financing expert to determine how best to finance the project. City Manager Meurer noted that the finance report was funded by the City and the 2 hotels adjacent to the Conference Center. Finance Director Rhoads stated staff expects to receive the report within days and that it will be evaluated by staff, noting that Council can expect to review it within 6 to 8 weeks. Mayor Della Sala, seeing no further requests to speak, closed public comment. PUBLIC APPEARANCE 8. Consider- 479 Alvarado Street- Letter to State of California Alcohol Beverage Control (ABC) Applauding the Operation of the Mucky Duck(479 Alvarado) by the New Owners (Plans & Public Works - 203-02) Action: Approved sending a letter to California State ABC Department immediately Principal Planner Cole presented the agenda report, indicating staff's recommendation is to send the letter after Planning staff has finished its 6-month evaluation, which would be in the May time frame. Ms. Cole stated Council, as an alternative, may send the letter immediately. Mayor Della Sala opened public comment on this item and seeing no requests to speak closed public comment. On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council approved sending immediately a Letter to State of California Alcohol Beverage Control (ABC) applauding the Operation of the Mucky Duck at 479 Alvarado by the New Owners: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 9. Review Neighborhood Improvement Program (NIP) Proposed FY 2012/13 Projects (Plans & Public Works - 808-01) Action: Report received; comments provided to staff by the Council and public City Engineer Reeves presented the agenda report, displaying the NIP Project list included in the agenda report and offering additional commentary on many of the projects on the list. Mr. Reeves noted which items potentially may fall off the list at the next NIP Meeting, clarifying that some projects can be resolved using alternate methods, some projects submitted are not on City property and cannot be acted on, and some projects may create other City problems or need to be vetted by outside agencies before a final recommendation can be made. City Engineer Reeves closed by responding to a variety of Council questions and requests for clarifications. Mayor Della Sala opened public comment on this item and NIP Spokesperson Dwight provided 3  City Council Minutes Tuesday, April 3, 2012 Council with additional information on several items and indicated which project types listed are typically not projects that NIP funds. In regards to repair of trip hazards not caused by a City tree, Interim City Attorney Davi clarified that the City Code prohibits NIP from funding these types of projects on private property owner. Seeing no further requests to speak, Mayor Della Sala closed public comment. Mayor Della Sala thanked the Committee for its work and noted that the list was mindful of Council's direction to the NIP Committee for projects that are for essential maintenance, public health and public safety. ***Adjourn to Closed Session*** Mayor Della Sala offered an opportunity for public comments on closed session items. Seeing no requests to speak Mayor Della Sala adjourned the meeting to closed session at 5:16 p.m. and reconvened the meeting in open session at 7:00 p.m. where all councilmembers were present. ANNOUNCEMENTS FROM CLOSED SESSION Senior Assistant City Clerk Raynor announced that in regards to item cs1 in a conference with legal counsel regarding existing litigation, case City v. EAR, the Council gave confidential direction to their legal counsel on a roll call vote of 4-1, with Downey voting No; and for 2 cases of the City v. Carrnshimba the Council gave confidential direction to their legal counsel on a unanimous roll call vote; and for the Cleveland v. Isabela's case, the Council gave confidential direction to their legal counsel on a unanimous roll call vote; and for case name: Turn Down the Lights, the Council received a report. Senior Assistant City Clerk Raynor closed by stating that closed session items cs2 and cs3 were not discussed and were continued to the end of the evening agenda. CONTINUED PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments on items not on the agenda. Jack Davies, Entertainment Chairman of the Monterey Peninsula Yacht Club commended Harbor staff on all the things they do on a daily basis and provided the Council and public with an overview of the programs sponsored by the club. Mr. Davies stressed that the club is not exclusive, stating the club is very inclusive. He closed by saying the club is a valuable resource to the community and is at the gateway to the bay. Tammy Blount, President and CEO of the Monterey County Convention and Visitors Bureau thanked the Council for its support and partnership. Joe Morgan, a business owner on Ramona, spoke out against parking issues that he has repeatedly reported to the City, asking Council for a 24-minute parking zone as well as a no parking zone between 11:00 p.m. and 6:00 a.m. on Ramona to prevent cars being left there overnight, being abandoned, and from individuals using the City street to live on in their vehicles. Mr. Morgan provided Council with photos and a drawing of the problem and his proposed solution, stating the current situation takes parking spaces away from businesses and workers on Ramona. Sharon Dwight invited the Council and public to attend the Monterey CERT training program beginning April 26th through the first week of June. Seeing no further requests to speak, Mayor Della Sala closed public comment. PUBLIC APPEARANCE 10. Accept the Preferred Transportation Alternative – Planning Commission Recommendation (Plans & Public Works - 803-12) Action: Council voted on each alternative. Downtown alternatives included to change name of Fremont/Munras/Alvardo to Alvarado Street (5-0); to change the name of Munras/Washington/Abrego to a single name to be determined in the future (5-0); to 4 City Council Minutes Tuesday, April 3, 2012 approve two-way traffic (5-0); to close Polk Street (4-1, Della Sala abstaining); to close Pearl Street (5-0); to construct roundabouts as recommended (5-0); to construct the Alvarado/Scott Street Extension (4-1, Downey voting No); and to defer Del Monte/Washington (5-0). The Lighthouse alternative was to maintain current two-way traffic and left turn restrictions, but to include construction of bulb-outs at intersections (5-0). North Fremont alternative was to use traffic calming measures and entry features on North Fremont at Highway 1 exit (5-0). Principal Planner Cole presented the agenda report, stressing that today's action is to adopt a preferred alternative. Ms. Cole described the public outreach process used from June 2011 to the present and provided Council with an overview of the Downtown alternatives. In regards to the request to defer a decision on Del Monte and Washington, Councilmember Sollecito stated the only way the City can alleviate problems on Lighthouse is by fixing Del Monte and Washington. Councilmember Selfridge voiced concerns over the Alvarado/Scott extension and Assistant City Manager Cohn clarified that litigation in the past with State Parks was not relative to this street and was an issue with the causeway by Custom House Plaza. Mayor Della Sala opened public comment. Sharon Dwight spoke against the changes and stated she felt changes would break circulation within the city. She asked that names not be changed, streets not be closed, and the circulation to remain as it is. Nelson Vega spoke in favor of the changes, saying two-way traffic increases business for downtown stores, but expressed concerns that the City might not have enough funding to make the changes. Mr. Morgan expressed concerns that this might increase congestion near the wharf. Seeing no further requests to speak, Mayor Della Sala closed public comment. Traffic Engineer Deal, based on Ms. Dwight comments, clarified that the circulation changes are recommended to give more access, noting this works better for visitors, it works better for cyclists, and is the best balance of access and mobility without completely sacrificing mobility in downtown. Councilmember Sollecito stated the reason the City is doing this is to make downtown a successful business district again. Councilmember Downey stated a preference to doing this in stages or testing the theory out in advance. Traffic Engineer Deal noted that once an alternative is selected a traffic consultant will create a 3D model and the Council would see it in the June. Councilmember Sollecito concurred that using traffic modeling to do experimenting is the way to go. Mr. Deal described two potential solutions to the Ordway parking lot entrance problem if Pearl is closed and how the bus terminal would be relocated from Simoneau Plaza to Washington. Mayor Della Sala recessed the meeting at 8:45 p.m. for a short break and reconvened the meeting at 8:55 p.m. On a motion by Councilmember Downey, seconded by Councilmember Haferman, and carried by the following vote, the City Council approved alternative to rename Fremont / Munras / Alvarado to Alvarado Street: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 5 City Council Minutes Tuesday, April 3, 2012 On a motion by Councilmember Sollecito, seconded by Councilmember Selfridge, and carried by the following vote, the City Council approved alternative to rename Munras / Washington / Abrego to a new name to be determined in the future: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None On a motion by Mayor Della Sala, seconded by Councilmember Haferman, and carried by the following vote, the City Council approved a two-way downtown traffic network alternative: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, the City Council approved the closure of Polk Street alternative: AYES: 4 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Della Sala RECUSED: 0 COUNCILMEMBERS: None On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council approved the closure of Pearl Street alternative: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None On a motion by Councilmember Sollecito, seconded by Councilmember Haferman, and carried by the following vote, the City Council approved Calle Principal/Jefferson and Madison/Calle Principal/Hartnell/Polk roundabout alternatives: 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, April 3, 2012 RECUSED: 0 COUNCILMEMBERS: None On a motion by Councilmember Sollecito, seconded by Councilmember Haferman, and carried by the following vote, the City Council approved the Alvarado/Scott Street extension alternative: AYES: 4 COUNCILMEMBERS: Haferman, Selfridge, Sollecito, Della Sala NOES: 1 COUNCILMEMBERS: Downey ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Councilmember Selfridge asked staff to coordinate this item with State Parks to ensure there is nothing that would prevent this alternative. On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council deferred action on the Del Monte/Washington alternative: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Principal Planner Cole presented the Lighthouse alternatives, noting that many options were explored and the preferred alternative is to add 2 left turn lanes on Lighthouse. She noted though that this would significantly decrease parking for businesses. Mayor Della Sala opened public comment on this item. Sharon Dwight spoke against narrowing the traffic lanes. Frank Donangelo on behalf of Foursome Development and Cannery Row Companies asked Council to leave circulation on Lighthouse as it is and to fix Del Monte and Washington. Anthony Davi spoke in favor of the bulb-outs and for leaving Lighthouse traffic flow as it currently is and for Council to fix Del Monte and Washington. Seeing no further requests to speak Mayor Della Sala closed public comment. Councilmember Sollecito stated parking is not going to be significantly improved and does not support substandard traffic lanes. On a motion by Councilmember Sollecito, seconded by Councilmember Haferman, and carried by the following vote, the City Council approved alternate maintaining 2-way traffic in each direction on Lighthouse and construction of the bulb-outs at intersections: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Traffic Engineer Deal presented the North Fremont alternatives. Mayor Della Sala opened public comment on this item. Sharon Dwight said some members of the public want the name of this street changed and Mayor Della Sala stated the North Fremont Business Association should submit this as a suggestion. Councilmember Haferman thanked Ms. Dwight for bringing 7  City Council Minutes Tuesday, April 3, 2012 this up and seeing no further requests to speak Mayor Della Sala closed public comment. On a motion by Councilmember Downey, seconded by Councilmember Haferman, and carried by the following vote, the City Council approved the North Fremont alternative of using traffic calming measures and entry features on North Fremont at the Highway 1 exit: AYES: 5 COUNCILMEMBERS: Downey, Haferman, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Councilmember Downey suggested staff see what can be done on a temporary basis, for example shutting off traffic to Polk and Pearl Streets to see how this change might work. 11. Authorize Amended List of Comparable Agencies for Compensation Review (Human Resources - 701-03) Action: Authorized Amended List of Comparable Agencies (4-1, Selfridge voting No) Human Resources Director McCarthy presented the agenda report, providing background and describing surveys and other tools used to compare compensation. Mr. McCarthy stated that it is difficult to compare public sector salaries with private sector for two reasons; most private sector companies do not share this information and at times it is like comparing apples to oranges. Director McCarthy displayed local and non-local recommendations provided to the City by its consultant, noting the non-local agencies were selected because each city on the list had at least one similarity with Monterey, for example it may have had a harbor or a museum or provide similar services. He stated that both lists can be used for executive and non-executive recruitments, stressing that each recruitment determines which list is the best to use at the time. Director McCarthy closed by saying that the comparable cities list is just one of Council's tools used to set compensation. Mayor Della Sala opened public comment. Mike Dawson spoke against using the non-local list, stating the list contained cities much larger than Monterey. Nelson Vega spoke in favor of using a different kind of metric to do comparisons. Ed Smith spoke in favor of the list, stressing this is just step 1 and that the consultant is providing Council with the high and low benchmarks that they would use later to set compensation position by position. Sharon Dwight spoke in favor of using equivalent economic bases to determine comparable cities. Seeing no further requests to speak Mayor Della Sala closed public comment. City Manager Meurer illustrated how, using staff present at the meeting, the City of Monterey successfully recruited employees from throughout the state. Councilmember Selfridge stated she is not happy with this list. Councilmember Haferman noted that the local list has not changed and that the non-local list is defensible and that the consultant report logically details why these cities are recommended. Mayor Della Sala opened public comment on this item and seeing no further requests to speak closed public comment. On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, the City Council authorized amendments to the List of Comparable 8  City Council Minutes Tuesday, April 3, 2012 Agencies for Compensation Review: AYES: 4 COUNCILMEMBERS: Downey, Haferman, Sollecito, Della Sala NOES: 1 COUNCILMEMBERS: Selfridge ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 12. Review of Assistant City Manager Work Program (City Manager - 507-08) Action: Report received City Manager Meurer presented the agenda report noting that Councilmember Selfridge requested Council hear this item. Mr. Meurer also noted he is currently looking at reducing one executive management position in the near future. Mr. Meurer asked to leave the current structure of the work program alone and to allow him to be competitive in the market place, setting the assistant city manager salary higher than the highest paid department director and below the city manager salary. Human Resources Director McCarthy displayed current 2012 Executive Management Base Salaries. Councilmember Selfridge displayed a 2010/2011 full compensation list and stated the City's salary schedules are unsustainable. Councilmember Selfridge indicated she wants to gradually lower all salaries, one at a time as positions become vacant. City Manager Meurer stated he was aware of Councilmember Selfridge's compensation concerns, but asked Council for comments on this item, the assistant city manager work program. Councilmember Downey stated PERS retirement is the biggest threat to cities and that the City can deal with this when we go into negotiations. Mayor Della Sala opened public comment. Ed Smith echoed Mr. Meurer's comments, stating he would prefer a qualified candidate that can efficiently step into the role of city manager at a moment's notice, stressing the City needs to hire for the future and pay a fair wage, cheap is what gets you in trouble. Seeing no further requests to speak, Mayor Della Sala closed public comment. Councilmember Sollecito stated the City balanced its budget with the help of City employees, noting that employees are paying more. He said what other cites do is not what is right for the City of Monterey and stated the Monterey City Council needs to focus on our city and our situation. COUNCIL COMMENTS Councilmember Downey asked for an update on PERS. City Manager Meurer noted staff has some information and Finance Director Rhoads provided the upsides and downsides of PERS unfunded liabilities, stressing the City may not have some numbers for a couple of years, but stating the current changes appear to be positive. Councilmember Sollecito asked to hear more about a economic development position that was mentioned during the review of the assistant city manager work program. Councilmember Sollecito suggested soliciting the League to write a letter to Sacramento stressing how important State Parks are to the whole state and ask why Sacramento is not looking at State Parks as a way of earning revenue. Mayor Della Sala suggested first identifying how much revenues are raised through cultural tourism from the State Tourism Board. Councilmember Selfridge asked to have Mr. Morgan's parking problem put on a future agenda for decision and resolution. She stated she recently returned from sister city trip to Azerbaijan to explore more culture and agriculture opportunities and she will be bringing more information on 9 City Council Minutes Tuesday, April 3, 2012 the trip to an upcoming Council meeting. Mayor Della Sala stated the RFP for train depot will be distributed Friday, April 6th. CITY MANAGER REPORTS City Manager Meurer noted that the train car currently on the Recreation Trail belongs to the Cannery Row Company is being relocated this week to become part of a train exhibition in Salinas. Mayor Della Sala adjourned the meeting to closed session at 10:55 p.m. ADJOURNMENT Senior Assistant City Clerk Raynor made announcements from closed session, stating on a unanimous roll call vote the Council gave confidential direction to its legal counsel in regards to item cs2, existing litigation case Sawyer v. City of Monterey and in regards to item cs3 on a unanimous roll call vote the Council gave a confidential direction to its counsel on a potential litigation case. Having no further business to come before the City Council, Mayor Della Sala adjourned the meeting at 11:54 p.m. Respectfully Submitted, Approved, Catherine A. Raynor Chuck Della Sala Senior Assistant City Clerk Mayor 10