Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, February 5, 2013 4:00 - 5:30 p.m. COUNCIL CHAMBER, FEW MEMORIAL HALL OF RECORDS MONTEREY, CALIFORNIA Councilmembers Present: Councilmembers Downey, Haffa, Selfridge, Sollecito, Della Sala Absent: None City Staff Assistant City Manager, City Attorney, Director of Information Present: Resources/City Clerk, Deputy City Manager, Plans & Public Works, Community Services Director, Fire Chief, Chief of Planning, Engineering, and Environmental , City Engineer, Police Lieutenant CALL TO ORDER Mayor Della Sala called the meeting to order at 4:04 p.m. PRESENTATIONS 1. Old Monterey Business Association Award to Neighborhood Improvement Program Committee for Lighting of Griffin Plaza Project (Plans & Public Works - 701-17) Action: Received presentation Deputy City Manager Plans and Public Uslar gave a brief report and introduced NIP Spokesperson Heuer, who provided additional details regarding the project. Mayor Della Sala presented a certificate from the Old Monterey Business Association to Mr. Heuer, who accepted it on behalf of the NIP. CONSENT ITEMS Assistant City Manager McCarthy asked to remove Item 6 for a report and requested that Council table Item 12. Councilmember Downey asked staff explain the difference between Items 6 and 8. On a motion by Councilmember Sollecito, seconded by Councilmember Haffa, and carried by the following vote, the City Council approved the Consent Agenda, except Items 6, 8, and 12: AYES: 5 COUNCILMEMBERS: Downey, Haffa, 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 Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council tabled Item 12: AYES: 5 COUNCILMEMBERS: Downey, Haffa, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None  City Council Minutes Tuesday, February 5, 2013 Approval of Minutes 2. January 23, 2013 (Information Resources - 701-09) Action: Approved Resolutions 3. Amend Resolution 12-092 Changing the Position Control List by Replacing Two Contract Junior Civil Engineer Positions with One Contract Capital Programs Coordinator and One Contract Engineering Assistant Position, and by Replacing One Associate Civil Engineer Position with One Associate Mechanical Engineer in the Capital Projects Division of the Plans and Public Works Department (Plans & Public Works - 502-03) Action: Adopted Resolution No. 13-016 C.S. 4. Accept Department of Homeland Security “Staffing for Adequate Fire and Emergency Response” (SAFER) Grant Award and Authorize Related Position Allocations and Budget Appropriation (Fire - 409-05) Action: Adopted Resolution No. 13-017 C.S. 5. Adopt Assistant Police Chief Health Plan Spending Fund (HPSF) Benefits Consistent with Represented and Unrepresented Groups (Human Resources - 507-08) Action: Adopted Resolution No. 13-018 C.S. 6. Approve Budget Adjustment to Increase Funding for the Monterey Peninsula Regional Water Authority (City Manager - 406-04) Action: Removed from Consent; discussed; adopted Resolution No. 13-019 C.S. (4-1; Selfridge voting no) Assistant City Manager McCarthy gave the staff presentation and answered Councilmembers' questions. Councilmember Downey expressed concerns regarding the increasing costs for the water authority, and Mayor Della Sala said that this is a relatively new organization and there were unanticipated startup costs. He expressed the Mayors’ hope that the costs will decrease in the future. Councilmember Haffa voiced concerns regarding whether the City of Monterey should be investing additional money in this agency. He questioned the weight of Monterey's vote with respect to their share of the costs, and the Mayor assured him that the rules allow for a weighted vote if requested. Mr. Haffa asked that a firm annual budget be set. Councilmember Selfridge agreed. Mayor Della Sala emphasized the importance of the work being done by this JPA, noting that developing a water supply is the Council's highest priority. Councilmember Sollecito agreed and said that this would give the City added leverage with the water district. Mayor Della Sala opened public comment on the item, had no requests to speak, and closed public comment. On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, the City Council adopted Resolution No. 13-019 C.S., approving the budget adjustment to increase funding for the Monterey Peninsula Regional Water Authority: 2  City Council Minutes Tuesday, February 5, 2013 AYES: 4 COUNCILMEMBERS: Downey, Haffa, Sollecito, Della Sala NOES: 1 COUNCILMEMBERS: Selfridge ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 7. Authorize a Request for Funding from the Urban Forestry Grant Program in the Amount Of $27,425 for an Urban Forestry Master Plan and Authorize the City Manager to Enter into a Contract with the California Department of Forestry & Fire Protection (Plans & Public Works - 409-02) Action: Adopted Resolution No. 13-020 C.S. 8. Authorize Entry Into Professional Services Agreement for Water Authority Director Services to the Monterey Peninsula Regional Water Authority (City Manager - 704-05) Action: Removed from Consent; adopted Resolution No. 13-021 C.S. (4-1; Selfridge voting no) Councilmembers indicated that they had no further questions regarding this item. On a motion by Councilmember Downey, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution No. 13-021 C.S., authorizing entry Into a professional services agreement for Water Authority Director services to the Monterey Peninsula Regional Water Authority: AYES: 4 COUNCILMEMBERS: Downey, Haffa, Sollecito, Della Sala NOES: 1 COUNCILMEMBERS: Selfridge ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 9. Authorize Continuation of the Taxi Permitting and Inspection Services Agreement with Monterey-Salinas Transit for Monterey County Based Taxi Cabs (Police - 607-10) Action: Adopted Resolution No. 13-022 C.S. 10. Approve Temporary Overfill of One (1) Administrative Assistant I in Recreation Division Until June 30, 2013 (Recreation & Community Services - 706-04) Action: Adopted Resolution No. 13-023 C.S. Adjourned to Successor Agency of the Redevelopment Agency Meeting 11. Appropriate Funds from the Successor Agency Trust Fund for Distribution to Affected Taxing Entities as Required by the State Department of Finance. (Finance - 406-04) Action: Adopted Resolution No. Adjourned to City Council Meeting Other 12. Review and Approve City of Monterey Investment Policy (Finance - 407-01) Action: Tabled 3  City Council Minutes Tuesday, February 5, 2013 13. Appoint Member to the Colton Hall Museum/Cultural Arts Commission (Information Resources - 701-06) Action: Appointed Evans ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments on items not on the agenda. Rick Antle thanked the Council, City Manager, and staff for their leadership regarding the rental of the train depot. He expressed dismay about last night's meeting of the subcommittee and the attitude of some committee members, and said that there was a strong bias exhibited at the meeting. Having no further requests to speak, Mayor Della Sala closed public comments. Because Mr. Antle is not available to attend the February 19 meeting, Councilmembers agreed to hear the depot item at the March 5, 2013 meeting. WATER UPDATE Mayor Della Sala reported that the Water Authority selected a preferred alternative, the CalAm project, at their last meeting and recommend that the other two projects have a complete environmental analysis. He said that the Authority has decided to support the CalAm project with conditions. He reviewed four basic criteria adopted by the Water Authority and the associated amendments required for CalAm to achieve the ultimate support of the board. Mayor Della Sala read excerpts from a letter from NOAH outlining their guidelines for desal plants. He said that the Mayors of the six Peninsula cities are supporting the CalAm proposal with significant conditions, and they are under severe time constraints in order to have the opportunity to testify before the CPUC. Councilmember Downey reported that CalAm was unable to answer many of the questions regarding the stringent conditions proposed by the Water Authority. She said that energy is the biggest cost, and CalAm has only talked to PG&E and did not seem open to other alternatives. She voiced concerns regarding the CalAm project, citing their veto authority, the state revolving loans, and water rights issues. She said that she hopes the Water Authority stands firm on the conditions. Mayor Della Sala explained that the Water Authority must take a position before February 22, or will have no influence on the PUC’s decision. He reviewed financing and economics for the CalAm project. Councilmember Sollecito said that the Peninsula is in this situation because there were too many chefs in the kitchen and we were searching for perfection. He said that some people who enter the discussion only want to block the water to control growth. He said it is important to support the Water Authority. Councilmember Haffa thanked the Mayor and Water Authority for asking for contingency plans. He voiced a concern regarding the costs and asked to ensure that the governance document is made stronger. He asked how to ensure that CalAm does not go to the CPUC in the future and ask for rate increases. He suggested asking for a rate cap in exchange for the public money. He said that he was troubled by a motion made by Mayor Rubio regarding the size of the desal plant. Mayor Della Sala said that the motion had nothing to do with the size of the plant; rather it was to have the EIR look at the effects of full build out. He explained that the CEQA attorneys are 4  City Council Minutes Tuesday, February 5, 2013 cautioning the Authority not to become the lead agency, so they are limited in their demands. He said that the rates are regulated by the state and he does not know if a cap could be applied. Councilmember Selfridge said that she is looking to the Water Authority to protect the ratepayers. Mayor Della Sala opened public comment on the item, and had no requests to speak. He closed public comments. COUNCIL COMMENTS 14. Request to Agendize a Discussion of Naming the Monterey Conference Center in Honor of Leon Panetta (Councilmember Downey - 701-15) Action: Agendized Councilmember Downey said that Leon Panetta has put Monterey on the map for the United States and the world. She reviewed his history of public service and asked to agendize the matter of naming the Monterey Conference Center after him for a future agenda. On question, Assistant City Manager McCarthy reviewed the naming policy for Parks and Recreation facilities, which requires that a person be deceased for one year before a facility can be named in his/her honor. Councilmember Haffa suggested that Council should adopt a policy before acting on this matter because there are many considerations. He said perhaps the Planning Commission or ARC look at it more broadly. Councilmember Downey said she believes that this should be a Council decision. Mayor Della Sala agreed that a policy should be adopted first, and Councilmember Sollecito agreed, saying that this is not time sensitive. Councilmember Haffa suggested that Mr. Panetta should be contacted prior to bringing the proposal forward. It was moved by Councilmember Downey, and seconded by Councilmember Sollecito, to agendize a discussion of naming the Monterey Conference Center in honor of Leon Panetta. Mayor Della Sala said that he would support the motion with the understanding that a policy would be brought forward with this item. The motion carried by the following vote: AYES: 5 COUNCILMEMBERS: Downey, Haffa, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Councilmember Downey said that she heard a lot of public comment regarding the train depot. She applauded Waste Management for using anaerobic digestion to produce energy and said that Cal Am should be looking at this. Councilmember Haffa reported on his visit to the New Monterey Neighborhood Association and thanked them for welcoming him. Councilmember Selfridge announced that on February 12 the Colton Hall Museum/Cultural Arts Commission would hold “Music from Around the World.” She said that the Library’s popular Wine and Chocolate fundraiser will take place on February 15. 5 City Council Minutes Tuesday, February 5, 2013 CITY MANAGER REPORTS Assistant City Manager McCarthy reported that there will be a Council Study Session on February 12 to discuss City priorities. Mayor Della Sala adjourned the meeting to closed session at 5:20 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf made the following announcements with regard to the closed session: There were two separate votes in a Conference with Legal Council to decide whether to initiate litigation on two cases--a) City of Monterey v State of California Auditor-Controller of the County of Monterey and Real Party in Interest Successor Agency to the Redevelopment Agency of the City of Monterey and b) City of Monterey v County of Monterey (Property Tax Administration Fees Claim)--where the City Council gave confidential direction to their Legal Counsel. The votes were unanimous. Ms. Gawf announced that in a Conference with Labor Negotiators Michele Maloney, Debbie Jones, Gina Russo regarding Employee Organizations: General Employees of Monterey (GEM), Management Employee Association (MEA), Monterey Police Association (MPA), Police Lieutenants’ Association (PLMA), Monterey Fire Fighters’ Association (MFFA), Fire Management Association (FMA), Assistant Fire Chief, Assistant Police Chief, Executive Management and Regular Part Time Employees, the City Council gave confidential direction to their negotiators on a unanimous roll call vote. ADJOURNMENT Having no further business to come before the City Council, Mayor Della Sala adjourned the meeting at 6:16 p.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director Information Resources/City Clerk Mayor 6