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Council Regular Meeting

Regular Meeting

Monterey, CA · June 18, 2013

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Minutes

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, June 18, 2013 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, Haffa, Selfridge, Sollecito, Della Sala Absent: None City Staff City Manager, City Attorney, Director of Information Resources/City Clerk, Present: Assistant City Manager, Deputy City Manager Plans & Public Works, Community Services Director, Police Chief, Fire Chief, Chief of Planning, Engineering, and Environmental Compliance, Principal Planner, Housing & Property Manager, City Engineer, Interim Finance Director, Human Resources Analyst CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. PRESENTATIONS 1 Receive the U.S. Environmental Protection Agency's Energy Star Certification for Superior Energy Efficiency for the Administrative Service Center at 735 Pacific St. (Plans & Public Works - 701-17) Action: Received presentation Jeff Condit gave an update on the various energy efficiencies installed at 735 Pacific Street and recognized staff for their work on the project. CONSENT ITEMS Councilmember Downey asked to remove Item 9 from the Consent Agenda. On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council approved the Consent Agenda, except Item 9, and with Councilmember Sollecito abstaining from the vote on Item. 2: 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 Approval of Minutes 2 June 4, 2013 (Information Resources - 701-09) Action: Approved (4-0-1; Sollecito abstaining) City Council Minutes Tuesday, June 18, 2013 Ordinances 3. 1st Reading – Repeal and Replace Monterey City Code, Chapter 22, Article 2, and Amend Monterey City Code section 1-7, to Provide that Violations of the Graffiti Ordinance Shall be Subject to Civil and Administrative Penalties, and Amend Resolution 12-084 to Adopt an Administrative Fine for Violations of the Graffiti Ordinance (City Attorney - 701-11) Action: Passed 2 Ordinances to print; Adopted Resolution 13-099 C.S. Resolutions 4. Authorize Extension of Agreement to Provide Fire Services Between the Cities of Monterey and Pacific Grove (Fire - 601-05) Action: Adopted Resolution No. 13-084 C.S. 5. Adopt a Resolution Required by Passage of Proposition 4 to Establish the Appropriation Limitation for the City of Monterey for Fiscal Year 2013-14 (Finance - 407-01) Action: Adopted Resolution No. 13-085 C.S. 6. 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 (Finance - 407-08) Action: Adopted Resolution No. 13-086 C.S. 7. Approve Agreement to Provide Building Services to the City of Carmel-by-the-Sea (Plans & Public Works - 202-17) Action: Adopted Resolution No. 13-087 C.S. 8. Adopt the Annual Report and Approve a Resolution to Set a Public Hearing Date to Levy the Annual Assessment for the Cannery Row Business Improvement District (Plans & Public Works - 407-08) Action: Adopted Resolution No. 13-088 C.S. 9. Adopt Memorandum of Understanding with the General Employees of Monterey (GEM), and Amend the existing Memorandum of Understanding with the Monterey Police Association (MPA). (Human Resources - 507-01) Action: Removed from Consent; discussed; adopted Resolution No. 13-089 C.S. and Resolution No. 13-090 C.S. Benefits Manager Maloney reported that tentative agreement has been reached with GEM and MPA. Councilmember Downey requested a brief presentation on the proposed agreements for the benefit of members of the public, and Ms. Maloney and Human Resources Analyst Russo presented the details. Councilmember Downey expressed her appreciation for GEM's removal of the sunset clause for the PERS cost sharing agreement. She thanked Police for deferring their raise and a portion of the cost sharing, but said she is disappointed that they did not remove the sunset clause. Mayor Della Sala opened public comment. Nelson Vega asked to know the cost of PERS retirement is and what percentage the employees pay versus the percentage the City pays. Having no further requests to speak, Mayor Della Sala closed public comment on the item. 2 City Council Minutes Tuesday, June 18, 2013 Benefits Manager Maloney provided the contribution rates for pubic safety employees, saying that the employees contribute 12% and the City contributes 27%. She clarified that the City covers medical premiums for active employees and contributes only the mandatory CalPERS requirement for retiree health. On a motion by Councilmember Sollecito, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolutions No. 13-089 C.S. and 13-090 C.S., approving the Memorandum of Understanding with the General Employees of Monterey (GEM), and amending the existing Memorandum of Understanding with the Monterey Police Association (MPA).: 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 10. Support the Comprehensive Immigration Reform Act (Councilmember Selfridge - 706-02) Action: Adopted Resolution No. 13-091 C.S. 11. Authorize Participation in Monterey County Regional Fire District's Assistance to Firefighters Grant for Purchase of Self-Contained Breathing Apparatus (SCBA) (Fire - 409-05) Action: Adopted Resolution No. 13-092 C.S. Other 12. Approve Recommendations for Appointments to the Architectural Review Committee and Planning Commission (Information Resources - 701-06) Action: Approved ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments on items not on the agenda. Jerry Anderson reported on the newly submitted plan for the burned out building on Alvarado Street. He voiced concerns that a new RFP process to issue water credits would delay the project. He asked Council to pass a resolution to confirm the necessary water allocation to complete the project without participating in an RFP process. On question, he clarified that the project still requires the same amount of water as the old plan. Councilmember Sollecito asked to agendize the matter, and City Manager Meurer said that it is scheduled for the July 2 Council meeting. Beverly Wallace, Casanova Avenue resident, addressed statements made at the last Council meeting that she holds constant garage sales. She said that she has had a total of thirteen sales in the past year, and she submitted a list of dates. Kate Burtness said that the same neighbor complains and takes photographs of people and items in the neighborhood. Having no further requests to speak, Mayor Della Sala closed public comments. PUBLIC HEARING 13. Adopt Levy of Assessment to Fund: New Monterey Business Improvement District and North Fremont Business Improvement District (Plans & Public Works - 407-08) Action: Held public hearing; adopted Resolution No. 13-093 C.S. (New Monterey BID) and Resolution No. 13-094 C.S. (North Fremont BID) 3 City Council Minutes Tuesday, June 18, 2013 Principal Planner Cole presented the staff report. Mayor Della Sala opened the Public Hearing, and having no requests to speak, closed the hearing. On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council adopted Resolutions No. 13-093 C.S. and 13-094 C.S. approving the Levy of Assessment to fund the New Monterey Business Improvement District and North Fremont Business Improvement District: 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 PUBLIC APPEARANCE 14. Approve Amendment No. 2 to the Implementation Agreement between the City of Monterey and the Fort Ord Reuse Authority and Authorize the City Manager to Execute the Amendment – New Method for calculating the FORA Development Impact Fee (Plans & Public Works - 203-02) Action: Adopted Resolution No. 13-095 C.S. Principal Planner Caraker presented the staff report and answered Councilmembers' questions. On question she explained how the fee is calculated and how the fees are not reduced by land sales, but the expense of the fee would affect the price for the land. Councilmember Sollecito said that it is important to balance the reasonableness of the fees while paying for the infrastructure. Mayor Della Sala said that regional impacts also have to be impacted as well. Council Downey clarified that FORA receives half of anything that is sold. Mayor Della Sala opened public comment on the item. Nelson Vega said that a developer has to start by calculating all the costs in order to determine the land value, and the cost is high to develop the blighted areas. With no further requests to speak, the Mayor closed public comment. It was moved by Councilmember Sollecito, and seconded by Councilmember Selfridge, to adopt Resolution No. 13-095 C.S., approving Amendment No. 2 to the Implementation Agreement between the City of Monterey and the Fort Ord Reuse Authority and authorizing the City Manager to execute the amendment – New Method for calculating the FORA Development Impact Fee. Councilmember Selfridge said that this is very complex and there are still some concerns, but things are getting better at FORA. She thanked Jonathan for his work toward more transparency. Councilmember Haffa noted that while he has some concerns, he will support the motion, noting that there is the ability to adjust this in the future. Mayor Della Sala said that it is the right thing to do, and it offers flexibility. 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 4 City Council Minutes Tuesday, June 18, 2013 15. Appoint Agency Labor Negotiator for Executive Management Group. (Human Resources - 507- 08) Action: Tabled City Manager Meurer recommended that Council hire an outside negotiator because it could be a difficult position for the Assistant City Attorney for a number of reasons. Councilmember Selfridge asked to continue the item because she is awaiting additional information. City Manager Meurer said that the information would be ready later tonight. City Attorney Davi explained that this is a technical matter to identify the negotiator. It was moved by Councilmember Downey, seconded by Councilmember not to accept the recommendation for this appointment: Mayor Della Sala offered the opportunity for public comment on the item, no one came forward, and he returned the discussion to the dais. Upon further discussion, Councilmember Downey withdrew her motion. On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council tabled the item: 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 Council adjourned to closed session at 5:15 p.m., and recessed at 5:38 p.m. Mayor Della Sala called the meeting back to order at 7:00 p.m. All Councilmembers were present. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that in a conference with legal counsel to discuss significant exposure to litigation in one case, the City Council gave confidential direction to their counsel, and the vote was unanimous. Ms. Gawf said that the Council received a report in a second conference with legal counsel to decide whether to initiate litigation in the case of “City of Monterey v. County of Monterey – Property Tax Administration Fees Claim.” Ms. Gawf reported that in the last closed session item, a conference with labor negotiators for the employee organization, Management Employees Association, the Council voted unanimously and gave confidential direction to their negotiators WATER UPDATE MPRWA Executive Director Cullem provided the update, saying that the Authority has been spending significant time negotiating settlement agreements concerning the Peninsula Water Project with CalAm to be transmitted to the CPUC by June 28th. He reported on progress toward the Groundwater Replenishment Project criteria. Councilmember Downey reported that she met with Mr. Cullem to discuss these issues. She voiced concerns regarding actions by Monterey County and the Taxpayers' Association lawsuit regarding Water District charges. 5 City Council Minutes Tuesday, June 18, 2013 Councilmember Selfridge read from a report regarding American Water, asking if there has been discussion about selling CalAm. On question, Mr. Cullem elaborated on the "check box criteria" for GWR. Mayor Della Sala opened public comment on the item. Nelson Vega explained that the Taxpayers' Association issue was that the Water District is taxing parcels, not water. He said that the public takeover of CalAm would be very costly. Bob Oliver said that he did not understand the quote that the Councilmember read. He said that he is very unhappy with the City of Monterey because the residents already pay an exorbitant cost for water, and this project would make it more expensive. He expressed concerns over how corporations exploit the public and he asked Council to rethink their position on water. Lorna Moffett agreed with the previous speaker and said that people cannot allow companies push them around. Having no further requests to speak, Mayor Della Sala closed public comments on the matter. CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened public comments on items not on the agenda. Judy Karas, AMAP member and National Trust for Historic Preservation, voiced concerns about the Cooper Molera adobe because the public has not been involved with the plans to turn it into a restaurant. Katie Pofall, builder of community, voiced concerns regarding an encounter with police officers where she and her friends received a citation for having a fire on the beach after 10:00 p.m. She asked to be contacted kapofahl@gmail.com when these types of regulations are discussed. Darby Moss Worth agreed with Ms. Karas' comments. She described a movement to urge public institutions to divest their interest from fossil fuels. She said that it is wrong to profit from something that is wrecking the climate. Luis Osorio spoke in opposition to recent editorials by former mayors regarding the Conference Center expansion. He suggested that Council should know the financial benefit. He suggested consideration of purchasing the State Theater. Sunny Fawcett said that she worked extensively on the recent MPC symposium, "Homeless in Paradise." She said that she is homeless, and referenced an article in Coast Weekly regarding charges that were brought against her for driving too slowly. She asked Council to agendize an item to drop those charges immediately. Mike Gabrielson, Stephens Place resident, disagreed with several points in a letter he received from the City Manager regarding a request for a gate on Stephens Place. Lorna Moffett read a letter to the City Council regarding several requests she has made to the City Council and said that these matters have not been taken up by the Council. She asked Council to write a letter of support for what Mr. Snowden did to our country. Nelson Vega, MCPOA member, said that the Conference Center remodel will never happen unless it is financially feasible because the hotel owners will not invest in it if it is not viable. Bob Oliver said that he has had a lot of interaction with the Monterey Police Department, and he supports Sunny Fawcett. He said that Monterey has "sweet spots" where citations are written frequently. Erica Fiske spoke in support of Sunny. Having no further requests to speak, Mayor Della Sala closed public comments. PUBLIC HEARING 16. Consider Planning Commission Recommendation to Approve the 2013/2014 One-Year Action Plan for Community Development Block Grant (CDBG) Funds, Authorize Amendment to CONA NID for Sidewalk Accessibility Improvements and Authorize Submittal to the U.S. Department of Housing and Urban Development (HUD) and Consider Successor Housing Agency (SHA) Approval of the 2013/14 Housing Program Budget - Continued from 6/4/2013 Meeting (Plans & Public Works - 201-09) Action: Held public hearing; adopted Resolution No. 13-096 C.S., 13-097 C.S., and 13-098 C.S. 6 City Council Minutes Tuesday, June 18, 2013 Property and Housing Manager Marvin presented the staff report and answered Councilmembers' questions. Mayor Della Sala called a recess at 9:02 p.m., and Council reconvened at 9:10 p.m. Mayor Della Sala opened the floor for public comments on Item 16. Bob Oliver suggested having a homeless advocate to assist people with court cases. The Alliance on Aging representative, thanked staff and the Planning Commission for recommending full funding for the organizations. Rob Rapp, Community Human Services, thanked staff and said that funding has dropped over the past few years, so the additional funding will help the community. Having no further requests to speak, Mayor Della Sala closed public comment. On a motion by Councilmember Downey, seconded by Mayor Della Sala, and carried by the following vote, the City Council approved the 2013/2014 One-Year Action Plan for Community Development Block Grant (CDBG) Funds, and authorized an amendment to the CONA NID for Sidewalk Accessibility Improvements: 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 authorized submittal to the U.S. Department of Housing and Urban Development (HUD) and approved the 2013/14 Housing Program Budget - adding $50,000 from the buy-back program and spreading that money among the eight agencies: 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 PUBLIC APPEARANCE 17. Additional Discussion of FY2013-14 Budget (Finance - 406-02) Action: Received and discussed report Mayor Della Sala acknowledged Fire Chief Miller, saying that this would be his final meeting prior to retiring. He noted that it was largely due to Chief Miller's efforts that area fire departments were consolidated. City Manager Meurer introduced the staff report. Interim Finance Director Lefebvre and Assistant Finance Director Porter presented the details. Ms. Lefebvre compared the amount of additional revenues to proposed additional expenditures in FY 14-15. She outlined the amount of revenue that would result from a 1% sales tax increase. Assistant Finance Director Porter reviewed current TOT taxes in comparison with other cities and the additional revenues that would result from a 1% increase. She also reviewed the utility users’ tax trends. Ms. Porter presented details of the supplemental requests. 7 City Council Minutes Tuesday, June 18, 2013 Council discussed the need for additional capital expenditures and staff explained how money has been appropriated from the building maintenance fund in the past. Councilmember Haffa suggested that if Council wants to add to the list of supplemental expenditures, it would be best to direct staff to come back with recommendations on which items should be cut to accommodate those expenditures. Community Services Director Bui- Burton presented details and estimates for the various homeless initiatives. Mayor Della Sala opened public comment on the item. Maxine Reneker, Library Board Chair, supported the item for adding Sunday hours at the Library for the current year. She said that if the demand is as anticipated, they would explore ways to fund the hours on an ongoing basis. Alice Yamanishi, Vice Chair of the Library Board, said that the additional Library hours would provide the best bang for the buck. Paulette Lynch, Monterey resident and Founder and Volunteer for First Night Monterey, supported funding for First Night. Ellen Martin, Executive Director of First Night Monterey, supported the supplemental funding for First Night Monterey. She asked that funding for in kind services for the Christmas Tree Lighting ceremony also be approved. Nelson Vega said that the cost to fund an employee's retirement is approximately $35,000 for each $100,000. He voiced concerns regarding any proposal to raise taxes due to the high costs of the area. Mike Sovereign, Friends of the Library, said that the Council has a difficult job. He said that the Friends have raised about $10,000 to help fund the proposed added Sunday hours. Having no further requests to speak, Mayor Della Sala closed public comments on the item. Council agreed by consensus to bring back an item to adopt the budget at an adjourned meeting on June 26th. City Manager Meurer asked for Council guidance regarding the supplemental requests on the budget. Councilmember Downey said that her focus is education through a liaison regarding the homeless issues. She also supported purchasing bus tickets. Mayor Della Sala agreed. Councilmember Selfridge agreed that the liaison idea should be reviewed. She said that the City needs to differentiate between people who are truly homeless and vagrants and panhandlers. Mayor Della Sala noted that the City is homing in on those individuals who are breaking the law. Councilmember Haffa said that the Library is an important issue. Council adjourned to a meeting of the Successor Agency of the RDA. SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY - PUBLIC APPEARANCE 18. Adopt the 2013-14 Budget for the Successor Agency of the Redevelopment Agency of the City of Monterey (Finance - 406-02) Action: Adopted SA/RDA Resolution No. 861 Assistant Finance Director Porter presented the staff report, recommending approval of an annual administrative budget of $250,000. Chair Della Sala opened public comment on the item, and having 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 Board adopted SA/RDA Resolution No. 861, approving the 2013-14 Budget for the Successor Agency of the Redevelopment Agency of the City of Monterey: 8 City Council Minutes Tuesday, June 18, 2013 AYES: 5 DIRECTORS: Downey, Haffa, Selfridge, Sollecito, Della Sala NOES: 0 DIRECTORS:: None ABSENT: 0 DIRECTORS:: None ABSTAIN: 0 DIRECTORS:: None RECUSED: 0 DIRECTORS:: None The Successor Agency Board adjourned back to the City Council Meeting. COUNCIL COMMENTS 19. Discussion of Moving the "Council Comments" Section of the Agenda to the First Item of the Evening (Downey - 701-15) Action: Approved (4-1; Della Sala voting no) On a motion by Councilmember Haffa, seconded by Councilmember Downey, and carried by the following vote, the City Council approved moving the "Council Comments" section of the Agenda to the first Item of the afternoon agenda: AYES: 4 COUNCILMEMBERS: Downey, Haffa, Selfridge, Sollecito NOES: 1 COUNCILMEMBERS: Della Sala ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 20. Councilmember Request to Agendize a Resolution Supporting a Constitutional Amendment that Reverses the United States Supreme Court Decision on the Citizens United Case on Federal Campaign Contribution Limits and/or support of Move to Amend (Councilmember Haffa - 706- 02) Action: : Directed that the item not be agendized (3-2; Haffa, Selfridge voting no) Councilmember Haffa asked to agendize the item after July 2nd. Mayor Della Sala opened public comment on the item. Judy Karas supported agendizing the matter, saying that corporations are artificial and should not have the same constitutional rights as individuals. She said it shouldn't matter if municipal corporations see this as a conflict of interest, and she urged agendizing the Move to Amend resolution. George Riley agreed with the previous speaker, saying that corporate personhood is a legal fiction. Having no further requests to speak, Mayor Della Sala closed public comment on the item. It was moved by Councilmember Haffa, and seconded by Councilmember Selfridge, to agendize the Move to Amend Resolution supporting a Constitutional amendment that reverses the United States Supreme Court decision on the Citizens United case on federal campaign contribution limits and support of Move to Amend. City Attorney Davi clarified that it is her legal obligation to do a thorough analysis on the issue and that will take a significant amount of time. Councilmember Haffa said that he would prefer that the Attorney not spend too much time on the issue. Ms. Davi suggested that the City could implement stricter campaign disclosure regulations to fix the perceived effects of the decision. Councilmember Haffa said that this issue does affect the City because the influence of big money negatively affects the lives of everyone in the City. He said that elections are influenced by big money to the point that it is difficult to determine where the money is coming from. 9 City Council Minutes Tuesday, June 18, 2013 Assistant City Attorney Davi said that the Court upheld the federal disclosure laws within the Citizens United decision. Councilmember Sollecito said that corporate personhood has long been a political issue. Councilmember Downey clarified her understanding that passing this resolution is not in the City's best interest, and City Attorney Davi confirmed that point. Councilmember Haffa withdrew his motion. On a motion by Mayor Della Sala, seconded by Councilmember Downey, and carried by the following vote, the City Council denied agendizing a Resolution supporting a Constitutional amendment that reverses the United States Supreme Court Decision on the Citizens United case on federal campaign contribution limits: Councilmember Downey said that she is convinced that the City would not be well served by this resolution. AYES: 3 COUNCILMEMBERS: Downey, Sollecito, Della Sala NOES: 2 COUNCILMEMBERS: Haffa, Selfridge ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 21. Councilmember Request to Agendize Discussion on a Sister City Park Location (Sollecito and Selfridge - 809-08) Action: Agendized an Item to approve the Concept for the June 26, 2013 meeting Councilmember Sollecito suggested that there is a spot just off the recreation trail that could be designated as a "Sister City Park." Councilmember Selfridge said that she would like to add this item to the June 26th Special Meeting. On a motion by Councilmember Selfridge, seconded by Councilmember Sollecito, and carried by the following vote, the City Council agendized an item to approve the concept of a Sister City Park Location: 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 Selfridge congratulated the Police community academy. She voiced concerns regarding the Cooper Molera adobe. Councilmember Downey said that she was sorry that she was not at the badge pinning ceremony for Fire, but she did not get an invitation. Councilmember Sollecito said that his wife asked him to say that the Dan Albert Paella documentary was great and was great for raising funds for the Library. CITY MANAGER REPORTS City Manager Meurer said that staff is addressing the Stephen's Place Gate request. 10 City Council Minutes Tuesday, June 18, 2013 ADJOURNMENT Having no further business, Mayor Della Sala adjourned the meeting at 11:51 p.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director of Information Resources / City Clerk Mayor 11

Agenda

City Council City Council Agenda Chuck Della Sala, Mayor Regular Meeting Libby Downey, Councilmember Alan Haffa, Councilmember Monterey City Council Nancy Selfridge, Councilmember Tuesday, June 18, 2013 Frank Sollecito, Councilmember 4:00 - 5:30 p.m. City Manager Council Chamber 7:00 - 11:00 p.m. Fred Meurer Few Memorial Hall of Records Monterey, California ***Afternoon Session Agenda*** 4:00 - 5:30 p.m. CALL TO ORDER PRESENTATIONS 1. Receive the U.S. Environmental Protection Agency's Energy Star Certification for Superior Energy Efficiency for the Administrative Service Center at 735 Pacific St. (Plans & Public Works - 701-17) CONSENT ITEMS CONSENT AGENDA consists of those items which are routine and for which a staff recommendation has been prepared. A member of the public or a Councilmember may request that an item be placed on the regular agenda for further discussion. Approval of Minutes 2. June 4, 2013 (Information Resources - 701-09) Ordinances ORDINANCES are "legislative acts" by the Council; are the most permanent and binding type of Council action, and may be replaced only by a subsequent ordinance. An ordinance requires two readings at separate Council meetings, is "passed to print" for legal advertisement when introduced, and is "passed and adopted" when given final approval. 3. 1st Reading – Repeal and Replace Monterey City Code, Chapter 22, Article 2, and Amend Monterey City Code section 1-7, to Provide that Violations of the Graffiti Ordinance Shall be Subject to Civil and Administrative Penalties, and Amend Resolution 12-084 to Adopt an Administrative Fine for Violations of the Graffiti Ordinance (City Attorney - 701-11) Resolutions RESOLUTIONS are passed to express the policy of the Council on certain items or programs, or are passed to direct certain types of administrative action. A resolution may be changed by adoption of a subsequent resolution. Resolutions only require one reading and are approved when "passed and adopted." 4. Authorize Extension of Agreement to Provide Fire Services Between the Cities of Monterey and Pacific Grove (Fire - 601-05) 5. Adopt a Resolution, Required by Passage of Proposition 4, to Establish the Appropriation Limitation for the City of Monterey for Fiscal Year 2013-14 (Finance - 407-01) Tuesday, June 18, 2013 6. 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 (Finance - 407-08) 7. Approve Agreement to Provide Building Services to the City of Carmel-by-the-Sea (Plans & Public Works - 202-17) 8. Adopt the Annual Report and Approve a Resolution to Set a Public Hearing Date to Levy the Annual Assessment for the Cannery Row Business Improvement District (Plans & Public Works - 407-08) 9. Adopt Memorandum of Understanding with the General Employees of Monterey (GEM), and Amend the existing Memorandum of Understanding with the Monterey Police Association (MPA). (Human Resources - 507-01) 10. Support the Comprehensive Immigration Reform Act (Councilmember Selfridge - 706-02) 11. Authorize Participation in Monterey County Regional Fire District's Assistance to Firefighters Grant for Purchase of Self-Contained Breathing Apparatus (SCBA) (Fire - 409- 05) Other 12. Approve Recommendations for Appointments to the Architectural Review Committee and Planning Commission (Information Resources - 701-06) ***End of Consent Agenda*** PUBLIC COMMENTS PUBLIC COMMENTS allows you, the public, to speak for a maximum of three minutes on any subject which is within the jurisdiction of the Monterey City Council and which is not on the agenda. Any person or group desiring to bring an item to the attention of the City Council may do so by addressing the Council during Public Comments or by addressing a letter of explanation to: City Clerk, City Hall, Monterey, CA 93940. The appropriate staff person will contact the sender concerning the details. NOTE: Public Comments are taken during the afternoon session and continued at the evening session. Individuals may choose to speak once for up to three minutes at either session, but not both. PUBLIC HEARING PUBLIC HEARINGS are held to receive public comment on certain items pending Council action. You are welcome to offer your comments after being recognized by the Mayor. The Council may limit the time allocated to each speaker. 13. Adopt Levy of Assessment to Fund: New Monterey Business Improvement District and North Fremont Business Improvement District (Plans & Public Works - 407-08) PUBLIC APPEARANCE PUBLIC APPEARANCE items are reports on non-routine issues that might stimulate public discussion, but that do not require formal noticing as public hearings. You are welcome to offer your comments after being recognized by the Mayor. The Council may limit the time each speaker is allocated. 14. Approve Amendment No. 2 to the Implementation Agreement between the City of Monterey and the Fort Ord Reuse Authority and Authorize the City Manager to Execute the Amendment – New Method for calculating the FORA Development Impact Fee (Plans & Public Works - 203-02) 2 Tuesday, June 18, 2013 15. Appoint Agency Labor Negotiator for Executive Management Group. (Human Resources - 507-08) ***Adjourn to Closed Session (See additional agenda)*** RECESS 5:30 p.m. RECONVENE ***Evening Session Agenda*** 7:00 - 11:00 p.m. ANNOUNCEMENTS FROM CLOSED SESSION WATER UPDATE CONTINUED PUBLIC COMMENTS PUBLIC COMMENTS allows you, the public, to speak for a maximum of three minutes on any subject which is within the jurisdiction of the Monterey City Council and which is not on the agenda. Any person or group desiring to bring an item to the attention of the City Council may do so by addressing the Council during Public Comments or by addressing a letter of explanation to: City Clerk, City Hall, Monterey, CA 93940. The appropriate staff person will contact the sender concerning the details. NOTE: Public Comments are taken during the afternoon session and continued at the evening session. Individuals may choose to speak once for up to three minutes at either session, but not both. PUBLIC HEARING PUBLIC HEARINGS are held to receive public comment on certain items pending Council action. You are welcome to offer your comments after being recognized by the Mayor. The Council may limit the time allocated to each speaker. 16. Consider Planning Commission Recommendation to Approve the 2013/2014 One-Year Action Plan for Community Development Block Grant (CDBG) Funds, Authorize Amendment to CONA NID for Sidewalk Accessibility Improvements and Authorize Submittal to the U.S. Department of Housing and Urban Development (HUD) and Consider Successor Housing Agency (SHA) Approval of the 2013/14 Housing Program Budget - Continued from 6/4/2013 Meeting (Plans & Public Works - 201-09) PUBLIC APPEARANCE PUBLIC APPEARANCE items are reports on non-routine issues that might stimulate public discussion, but that do not require formal noticing as public hearings. You are welcome to offer your comments after being recognized by the Mayor. The Council may limit the time each speaker is allocated. 17. Additional Discussion of FY2013-14 Budget (Finance - 406-02) Adjourn to Successor Agency of the Redevelopment Agency Meeting SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY - PUBLIC APPEARANCE 18. Adopt the 2013-14 Budget for the Successor Agency of the Redevelopment Agency of the City of Monterey (Finance - 406-02) Adjourn to City Council Meeting 3 Tuesday, June 18, 2013 COUNCIL COMMENTS Councilmembers may ask a question for clarification, make a brief announcement or make a brief report on his or her activities. In addition, Council may provide a referral to staff or other resources for factual information, request staff to report back to the body at a subsequent meeting concerning any City matter, or direct staff to place a request to agendize a matter of business on a future agenda (G.C. 54954.2). 19. Discussion of Moving the "Council Comments" Section of the Agenda to the First Item of the Evening (Downey - 701-15) 20. Councilmember Request to Agendize a Resolution Supporting a Constitutional Amendment that Reverses the United States Supreme Court Decision on the Citizens United Case on Federal Campaign Contribution Limits and/or support of Move to Amend (Councilmember Haffa - 706-02) 21. Councilmember Request to Agendize Discussion on a Sister City Park Location (Sollecito and Selfridge - 809-08) CITY MANAGER REPORTS The City Manager may make a brief report on his activities or a brief announcement. He may also ask for clarification or direction regarding scheduling of Council meetings and study sessions. ADJOURNMENT Members of the public have the right to address the City Council on any item on the Agenda, before or during its consideration [G.C. §54954.3(a)]. The Mayor will formally open the floor for public comment on items such as "Public Appearance" and "Public Hearings." If you wish to speak to items in any other categories, for example "Consent Agenda," please advise the City Clerk or the Mayor prior to the Council's action on that item, and you will be recognized. Notification as much in advance as possible is appreciated. The City Council meeting packet may be reviewed by the public in the Library or the City Clerk's Office. Any writings or documents pertaining to an open session item provided to a majority of the City Council less than 72 hours prior to the meeting, shall be made available for public inspection at the front counter at the City Clerk's Office, Room 6 at City Hall, Madison & Pacific Streets, Monterey, California 93940 during normal business hours Information distributed to the Council at the Council meeting becomes part of the public record. A copy of written material, pictures, etc. should be provided for this purpose. City Council Meetings are cable cast live and videotaped for replay on Monterey's Government Access Channel 25 by Access Monterey Peninsula (AMP). CITY OF MONTEREY'S 24-HOUR SUGGESTION HOTLINES: Voicemail: 646-3799 FAX: 646-3793 Email: suggest@ci.monterey.ca.us WebPage: http://www.monterey.org The City of Monterey is committed to include the disabled in all of its services, programs and activities. For disabled access to the City, dial 711 to use the California Relay Service (CRS) to speak to City offices. CRS offers free text-to-speech, speech-to-speech, and Spanish-language services 24 hours a day, 7 days a week. If you require a hearing amplification device to attend a meeting, dial 711 to use CRS to talk to the City Clerk's Office at (831) 646-3935 to coordinate use of a device or for information on an agenda. 4 Tuesday, June 18, 2013 UPCOMING MEETINGS AT CITY HALL Jun 19 Architectural Review Committee Meeting, Council Chamber - 4:00 pm Jun 20 Parks and Recreation Commission Meeting, Council Chamber - 4:30 PM Jun 24 Colton Hall Museum Cultural Art Commission Meeting, Council Chamber - 4:00 pm Jun 25 Planning Commission Meeting, Council Chamber - 4:00 pm Jun 26 Oversight Board Meeting, Council Chamber - 7:00 PM Jun 26 Council Special Meeting, Council Chamber - 4:00 PM Jun 27 Library Board Meeting, Library Community Room - 5:00 PM Jun 27 Zoning Administrator Meeting, Council Chamber - 4:00 pm Jun 27 MP Regional Water Authority Meeting, Council Chamber - 7:00 PM Jul 1 MP Regional Water Authority TAC Meeting, Council Chamber - 2:00 PM Jul 2 Council Regular Meeting, Council Chamber - 4:00 PM Jul 3 Architectural Review Committee Meeting, Council Chamber - 4:00 pm Jul 4 City Holiday, City Offices Closed - 8:00 AM Jul 9 Planning Commission Meeting, Council Chamber - 4:00 pm Jul 10 Neighborhood Improvement Program Committee Meeting, Council Chamber - 7:00 PM Jul 11 Zoning Administrator Meeting, Council Chamber - 4:00 pm Jul 11 Historic Preservation Commission Meeting, Council Chamber - 4:00 pm Jul 11 MP Regional Water Authority Meeting, Council Chamber - 7:00 PM Jul 16 Council Regular Meeting, Council Chamber - 4:00 PM Jul 17 Architectural Review Committee Meeting, Council Chamber - 4:00 pm MORE INFORMATION IS AVAILABLE BY CALLING 646-3935 See Council Chamber seating chart online. 5

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