Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, November 20, 2012 4:00 - 6:00 p.m. Afternoon Only COUNCIL CHAMBER, FEW MEMORIAL HALL OF RECORDS MONTEREY, CALIFORNIA Councilmembers Present: Councilmembers Downey, Haferman, Selfridge, Sollecito, Della Sala Absent: None City Staff City Manager, City Attorney, Assistant City Manager, Deputy City Manager Present: Plans & Public Works, Finance Director, Community Services Director, Police Chief, Fire Chief, Chief of Planning, Engineering, and Environmental Compliance, Principal Planner, Senior Assistant City Clerk CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. City Manager Meurer stated that the City received a request to continue Item 11 to Dec 18th and that Council may want to take public comment tonight, suggesting comments on substance be heard Dec 18th. PRESENTATIONS 1. Sister City Festival, Kusadasi, Turkey (Plans & Public Works - 706-10) Action: Presentation made by Principal Planner Caraker, Councilmember Selfridge, and Mr. Yavuz Atila, a member of Monterey's Turkish community CONSENT ITEMS On a motion by Councilmember Downey, seconded by Councilmember Haferman, and carried by the following vote, the City Council approved the Consent Agenda: 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 2. November 6, 2012 (Information Resources - 701-09) Action: Approved Resolutions 3. Authorize City Manager to Sign and Record a Deed Restriction and Covenants Against Parcels E29.2, E29b.2, L4.1 and L4.2 in the Former Fort Ord (Plans & Public Works - 704-02) Action: Adopted Resolution 12-170 C.S.  City Council Minutes Tuesday, November 20, 2012 4. Amend Resolution 09-168 C.S. to Increase Contract Amount of Otis Elevator Contract for Elevator, Escalator, Wheelchair Lift and Dumbwaiter Maintenance Service Contract ***PMSA*** (Plans & Public Works - 903-02) Action: Adopted Resolution 12-171 C.S. 5. Authorize Staff to Apply for 5-Year California Coastal Commission and Regional Water Quality Control Board Waterfront Structures Maintenance and Replacement Permits (Public Facilities - 904-08) Action: Adopted Resolution 12-172 C.S. 6. Amend the Monterey Conflict of Interest Code to Update the List of Those Positions Required to File Conflict of Interest Statements (Information Resources - 707-13) Action: Adopted Resolution 12-173 C.S. 7. Adopt the Annual Report and Approve a Resolution to Set a Public Hearing Date to Levy the Assessments on Lodging Businesses Within the Monterey County Tourism Improvement District (MCTID) (Finance - 407-08) Action: Adopted Resolution 12-174 C.S. 8. Authorize the City Manager to Enter into a Memorandum of Understanding with Monterey Peninsula Law Enforcement Agencies, the Highway Patrol, and the County of Monterey to Form the Peninsula Regional Violence and Narcotics Team (Police - 704-05) Action: Adopted Resolution 12-175 C.S. 9. Consider Cannery Row Business Association's Proposal and Approve Modified Cannery Row Garage "Locals" Holiday Parking Program From November 26, 2012 Thru December 26, 2012 (Public Facilities - 901-06) Action: Adopted Resolution 12-176 C.S. ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Della Sala opened public comment on items not on the agenda. Three German interns, currently working at the City of Monterey, spoke about their work with the City and thanked the Council for this opportunity. Ms. Beety spoke about radio frequency water meters installed by California American Water Company and the potential health issues that may be associated with the installation of these meters. She listed actions that the public can take and provided a list of contact agencies. Seeing no further requests to speak, Mayor Della Sala closed public comment. PUBLIC APPEARANCE 10. Adopt a Resolution of Intention to Approve An Amendment to the Contract Between the Board of Administration of the California Public Employees’ Retirement System and the City of Monterey to Include Provisions for a Second Tier Retirement System Pursuant to Government Code Section 20475 “Different Level of Benefits Provided for New Employees,” Section 21353 "2% @ 60 Formula for Local Miscellaneous Members," Section 21362 "2% @ 50 Formula for Local Safety Members," and Section 20037 "Final Compensation - Three Years - State or Local Member," for Miscellaneous and Safety Members Hired On or After December 19th, 2012 (Human Resources - 504-06) Action: Adopted Resolution 12-177 C.S. Benefits Manager Maloney presented the agenda report, noting that the action tonight is the next step in the City's two-tier process. She stressed that this item was initiated and agreed 2  City Council Minutes Tuesday, November 20, 2012 upon by the City employee organizations and Council in 2011, but it needs to be finalized with an amendment to the CALPERS contract and adopting the resolution of intention is the first step to that amendment. Ms. Maloney stressed that the City's work on a two-tier system occurred before the State imposed its two-tier system. She clarified that when the City started its process in 2011 California Public Employee Retirement System (CALPERS) stated the City could negotiate cost sharing and a two tier system with its employee organizations at the same time, but that CALPERS would only be able to process one amendment at a time. She stated that the City elected to amend the CALPERS contract to include cost sharing first because it provided substantial and immediate savings to the budget. Ms. Maloney stressed that the delay was caused by CALPERS, not the City, and that tonight's item is to start the second amendment process to amend the City’s CALPERS contract to institute the City’s two-tier system agreed upon last year by the employee organizations. Mayor Della Sala opened public comment on this item. Nelson Vega asked the Council at its next meeting to articulate for the public what this action means in lay terms. Seeing no further requests to speak, Mayor Della Sala closed public comments. Assistant City Manager McCarthy stressed that this action does not have anything to do with the State's two-tier system. Councilmember Selfridge and City Attorney Davi clarified that moving forward with the intention statement, by adopting the resolution tonight, is the only alternative the City has unless it wants to be in breach of agreements already signed by the employee organizations and the City. City Attorney Davi stressed there is little flexibility as the City has already met, conferred, and negotiated the City's two-tier system. On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, the City Council adopted the Resolution of Intention to Approve An Amendment to the Contract Between the Board of Administration of the California Public Employees’ Retirement System and the City of Monterey to Include Provisions for a Second Tier Retirement System Pursuant to Government Code Section 20475 “Different Level of Benefits Provided for New Employees,” Section 21353 "2% @ 60 Formula for Local Miscellaneous Members," Section 21362 "2% @ 50 Formula for Local Safety Members," and Section 20037 "Final Compensation - Three Years - State or Local Member," for Miscellaneous and Safety Members Hired On or After December 19th, 2012, adopting Resolution 12-177 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 PUBLIC HEARING 11. Consider 1298 Mark Thomas Drive Appeal 12-309 of Use Permit 12-226 for Modifications to an Existing Personal Service Wireless Communication Facility; Appeallant Nina Beety; Applicant Jason Osborne; Owner Pebble Beach Company/Hyatt Regency Monterey; VAF Zoning District; Exempt from CEQA Requirements. (Plans & Public Works - 203-02) Action: Continued to December 18th Meeting Mayor Della Sala opened the item for public comment. Appeallant Beety stated this item has been rescheduled to December 18th and did not want to make a presentation at tonight's meeting. Seeing no further requests to speak, Mayor Della Sala closed public comment. 3 City Council Minutes Tuesday, November 20, 2012 On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council continued this item to December 18th. 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 COUNCIL COMMENTS Councilmember Sollecito suggested developing a campaign, similar to Buy Local, to clean up Monterey. City Manager Meurer stated staff will be talking about these kinds of ideas in the near future with local business associations. Councilmember Downey applauded the idea. Councilmember Downey asked to agendize an update from Monterey Peninsula Regional Water Authority (MPRWA) at an upcoming Council meeting. She explained for the public that the Monterey Salinas Transit (MST) work along Fremont near Monterey Peninsula College is on hold to allow MST to concentrate its efforts on Lighthouse Avenue and asked the public to be patient while MST completes both projects. Councilmember Selfridge sent kudos out to Coach Roberto Dixon from Monterey High School, who was recently awarded Silver Whistle Award. Mayor Della Sala stated MPRWA has received the consultant’s report on 3 water projects. He noted that the end of the comment period is November 28th, that answers will be posted online at www.mprwa.org at the end of comment period, and that a final report will be heard by December 14th. Mayor Della Sala stated the MPRWA Technical Advisory Committee is meeting to discuss costs. He indicated that a California Public Utilities Commission cost workshop is scheduled for December 11th through the 13th and that MPRWA plans to send a representative. Mayor Della Sala closed by stating the Council needs to start the process for hiring a new city manager, stressing that this decision may be one of the most important items the Council will decide in 2013. CITY MANAGER REPORTS City Manager Meurer noted that Finance Director Rhoads and Housing and Property Manager Marvin have been in Sacramento protecting City assets from State takeaways and thus the 4th Quarter Financial Report is late. Mr. Meurer stated that item will be on the Dec 18th Council meeting agenda, noting the news from the 4th quarter are good and that changes in operation have paid off. Therefore, he said, the City was in much better shape at the beginning of the year. City Manager Meurer stated the December 4th Council agenda is an afternoon only meeting and will be followed a reception for the newly installed Council. Mr. Meurer stated the December 18th Council agenda is quite full. ***Adjourn to Closed Session*** Mayor Della Sala wished Council, staff, and the public a Happy Thanksgiving and adjourned the meeting to closed session at 5:23 p.m. 4 City Council Minutes Tuesday, November 20, 2012 ANNOUNCEMENTS FROM CLOSED SESSION Action: In reference to Closed Session Item CS1, a Conference with Legal Counsel to discuss existing litigation, Shen vs. City of Monterey, the City Council on a unanimous roll call vote gave confidential direction to its negotiators. In reference to Closed Session Item CS2, a Conference with the City's Labor Negotiators with Employee organizations, the City Council on a unanimous roll call vote gave confidential direction to is negotiators. ADJOURNMENT Seeing no more business before the City Council Mayor Della Sala adjourned the meeting at 6:30 p.m. Respectfully Submitted, Approved, Catherine A. Raynor Chuck Della Sala Senior Assistant City Clerk Mayor 5