Council Regular Meeting
Regular MeetingMonterey, CA · June 18, 2013
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.
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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)
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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
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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.
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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.
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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.
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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:
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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.
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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.
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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
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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)
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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
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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.
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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.
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