Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, December 18, 2012 4:00 - 5:30 p.m. 7:00 - 11:00 p.m. COUNCIL CHAMBER, FEW MEMORIAL HALL OF RECORDS MONTEREY, CALIFORNIA Councilmembers Present: Councilmembers Downey, 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, Finance Director, Fire Chief, Deputy Police Chief, Chief of Planning, Engineering, and Environmental Compliance, Housing & Property Manager, Principal Planner, Information Solutions Manager CALL TO ORDER Mayor Della Sala called the meeting to order at 4:04 p.m. PRESENTATIONS 1. Recognize of Defense Language Institute Quarterly Joint Service Awards (City Manager - 701- 17) Action: Recognized Seaman Julian T. Clemmons and Technical Staff Sergeant Ramer E. Collera Mayor Della Sala presented a proclamation to Seaman Clemmons, who made brief remarks. Mayor Della Sala noted that Technical Staff Sergeant Ramer E. Collera is also being recognized, but could not attend the meeting this afternoon. CONSENT ITEMS City Manager Meurer removed Item No. 4 for a staff report, and said that he has had requests to remove Item 10. Councilmember Selfridge said that she has questions regarding Item 8 and asked to removed Items 10 and 6 for a staff report. 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 4, 6, 8 and 10: 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. December 4, 2012 (Information Resources - 701-09) Action: Amended and approved  City Council Minutes Tuesday, December 18, 2012 Resolutions 3. Approve 20 Del Monte Avenue Carport with 1'6" Rear Yard Setback (15' Minimum Required) and 3' Side Yard Setback (5' Minimum Required); Applicant Ray Helali; Property Owner City of Monterey; PC Zoning District (Plans & Public Works - 203-02) Action: Adopted Resolution No. 12-181 C.S. 4. Award City Desktop and Network Upgrade Contracts to GovPlace and CompuCom and Authorize an Appropriation of Funds (Information Resources - 105-03) Action: Removed from Consent; received report; adopted Resolution No. 12-182 C.S. Information Solutions Manager Blake presented the staff report and answered Councilmembers' questions. Mayor Della Sala opened public comment on the item and having no requests to speak, returned the discussion to the dais. On question, Systems Analyst Kelley clarified what is meant by the term "thin client." On a motion by Mayor Della Sala, seconded by Councilmember Sollecito, and carried by the following vote, the City Council adopted Resolution No. 12-182 C.S., awarding a contract for City desktop and network upgrade contracts to GovPlace and CompuCom and authorized an appropriation of funds: 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 5. Award Contract for ASBS Refined 2006 Feasibility Study of Storm Water Discharge Alternatives Management Plan for City of Monterey and Pacific Grove (Plans & Public Works - 405-04) Action: Adopted Resolution 12-183 C.S. 6. Adopt a Resolution Implementing Changes in Benefits for Executive Management, and Regular Part Time Employees, Effective January 1, 2013, and Authorizing the Agreement on Volunteer Language with the General Employees of Monterey" (Human Resources - 507-08) Action: Removed from Consent, received report, adopted Resolution No. 12-184 C.S. implementing changes in benefits for Regular Part Time Employees, effective January 1, 2013, and authorizing the agreement on volunteer language with the General Employees of Monterey; motion to adopt Resolution implementing changes in benefits for Executive Management employees failed due to requirement for a four-fifths majority vote (3-2, Downey, Selfridge voting no) Benefits Analyst Maloney presented the staff report and answered Councilmembers' questions. Mayor Della Sala opened the floor for public comments on the item, and with no requests to speak, returned the discussion to the dais. Councilmembers discussed whether to create parity in the Health Plan Spending Funds for all groups and how to best do that. Councilmember Sollecito moved and Mayor Della Sala seconded, the staff recommendation, and on Councilmember Selfridge's request both agreed to bifurcate the motion, separating out the Executive Management employee benefit change. 2  City Council Minutes Tuesday, December 18, 2012 On a motion by Councilmember Sollecito, seconded by Mayor Della Sala, and carried by the following vote, the City Council adopted Resolution No. 12-184 C.S., implementing changes in benefits for Regular Part Time Employees, effective January 1, 2013, and authorizing the agreement on volunteer language with the General Employees of Monterey" : 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 Haffa said that he believes that everyone should have the same healthcare package, and for the small amount of money he can support the proposal to increase Executive Management’s HPSF. Councilmember Downey stated that even though the amount is small, she could not agree in principle. A motion by Councilmember Sollecito, and seconded by Mayor Della Sala, to adopt a Resolution implementing changes in benefits for Executive Management, employees effective January 1, 2013, failed by the following vote due to the requirement for a four-fifths majority: AYES: 3 COUNCILMEMBERS: Haffa, Sollecito, Della Sala NOES: 2 COUNCILMEMBERS: Downey, Selfridge ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 7. Authorize Amendment to Resolution 12-103 C.S. to Allow Additional Work and Increased Contingency for the Replace Floor Covering to Buildings 619, 621, and 623 Project ***PMSA*** (Plans & Public Works - 406-04) Action: Adopted Resolution No. 12-185 C.S. 8. Award a Two Year Contract to an Energy Service Provider Commerce Energy to Purchase Renewable Electric Power for the City of Monterey (Plans & Public Works - 804-03) Action: Removed from Consent; received report; adopted Resolution No. 12-186 C.S. Deputy City Manager Uslar answered Councilmembers' questions. Councilmember Downey clarified that this contract will save energy and money for the City, sheoffered kudos to staff, and Mayor Della Sala agreed. On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council adopted Resolution No. 12-186 C.S., awarding a two year contract to an energy service provider, Commerce Energy, to purchase renewable electric power for the City of Monterey: 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 3  City Council Minutes Tuesday, December 18, 2012 Other 9. Appoint Members to the Colton Hall Museum/Cultural Arts Committee, Historic Preservation Commission and Parks and Recreation Commission (Information Resources - 701-06) Action: Approved appointments 10. Authorize Closed Session Conference Pursuant to Government Code Section 54956.8 with City Real Estate Negotiators Chip Rerig and Rick Marvin to Review and Consider Proposal by Surfside Enterprises, Inc. to Extend Lease for Marina Facilities Building at 256 Figueroa Street (Plans & Public Works - 206-03) Action: Removed from Consent; discussed; authorized closed session Mayor Della Sala opened public comments on the item. Nelson Vega recommended that if Council decides to discuss this lease, to do so in closed session. He said that Council should receive professional commercial real estate advice. He said that Surfside Enterprises should receive the premium position because they have been a long-standing good tenant. Bill McCrone said that the City is losing its shirt on the lease, and the public should be fully informed as to the terms so they can weigh in. He voiced concerns that the City is not realizing the full value from the current rent. Bruce Anetta said that he does not understand the reason to have this discussion in closed session because there is nothing to negotiate here. He said that the tenants are paying for the repairs, not the lessee. Don Hubbard, attorney on behalf of Surfside Enterprises, said that G.C. 54956.8 allows the Council to hold a closed session on this topic, and entering into a lease is a discretionary matter. He noted that the leasee assumes the risk, unlike a property manager. Having no additional requests to speak, Mayor Della Sala closed public comment on the item. It was moved by Councilmember Sollecito, and seconded by Mayor Della Sala, to authorize a closed session conference pursuant to Government Code Section 54956.8 with City real estate negotiators Chip Rerig and Rick Marvin to review and consider a proposal by Surfside Enterprises, Inc. to extend the lease for Marina facilities building at 256 Figueroa Street. Councilmember Haffa acknowledged that there is a legitimate concern regarding actions of past City Councils. He suggested implementing a policy regarding leasing so there is a clear understanding that everyone is treated fairly. Councilmember Selfridge said that Council needs to address a number of month to month leases soon and she has concerns about addressing this request when the lease expiration is so far in the future. Councilmember Downey said that she understands the advantages of discussing these matters in closed session. She clarified that the Council has adopted a policy to consult with outside experts. Mayor Della Sala said that there is a policy in effect, but every property is different, so there are many variables and leases will differ. 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 ***End of Consent Agenda*** 4  City Council Minutes Tuesday, December 18, 2012 PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments on items not on the agenda. Jeffrey Congdon, San Francisco resident, said that he owns a building on Lighthouse and he voiced concerns regarding the installation of a bus stop in front of that building without notifying him or the tenants. He said that this negatively affects the value of the building. Mr. Torabbigi, 599 Lighthouse business owner, said that he is opening a Persian rug store and after spending over $50,000 on the building, he found out that a new bus shelter is being built in front of one of his large windows. He said he would not have chosen this location if he knew about the shelter in advance. . Patrick Stafford, Mahoney and Associates Realtors, said that MST has decided to install a bus shelter, and they have been in discussions with MST to find a better solution. He suggested that the encroachment permitting process should require notification of commercial property owners. Bruce Anetta asked about obtaining closed session materials online, and staff clarified that closed session reports are not available to the public because they are confidential. Chief of Planning Rerig gave the gentleman a copy of the report on Item 10, which requested authorization for the closed session. Deputy City Manager Plans and Public Works Uslar reviewed the noticing process for MST and said that negotiations were done with businesses regarding the shelter locations. City Manager Meurer said that staff would review the process and take steps to make sure that property owners would be notified. Councilmember Downey said that while the MST Board chastised the City regarding notification, it should have been done by MST. Having no further requests to speak, Mayor Della Sala closed public comments and called a recess at 5:53 p.m., saying that the Public Appearance and Closed Session Items would be heard during the evening session. Council reconvened at 7:00 p.m., and all Councilmembers were present. CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened public comments on items not on the agenda. Ron Blue, Monterey resident and new Commodore of the Monterey Yacht Club, said that the club has been busy with activities such as the Lighted Boat Parade. He invited people to visit any time. With no further requests to speak, Mayor Della Sala closed public comments. PUBLIC APPEARANCE 11. Adopt an Urgency Ordinance Authorizing an Amendment to the Contract between the Board of Administration of the California Public Employees’ Retirement System and the City of Monterey (Human Resources - 504-06) Action: Denied the Urgency Ordinance Benefits Manager Maloney presented the staff report. Councilmember Downey said that the City had negotiated a stricter retirement formula prior to the state mandated formula, and she thanked the employees for that willingness to change the plan. Ms. Maloney reviewed some of the differences between the State plan and the City's previously negotiated plan. Mayor Della Sala opened the floor for public comments on the item, and having no requests to speak, returned the discussion to the dais. 5  City Council Minutes Tuesday, December 18, 2012 On a motion by Councilmember Sollecito, seconded by Councilmember Selfridge, and carried by the following vote, the City Council denied the Urgency Ordinance: 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 12. Endorse Joint Submittal of Guiding Principles in Implementing Policy Options Following the Base Reuse Plan (BRP) Reassessment (Plans & Public Works - 203-02) Action: Tabled Chief of Planning and Engineering Rerig presented the staff report, and City Manager Meurer said that he does not recommend a change in the voting issue. Councilmember Selfridge reported that no elected officials had any part of drafting these principles, and she has not been able to find out who officially started this. She read a statement from Assembly Member Monning that stated he is disappointed in the recommended Guiding Principles and a number of the principles conflict with State law. She recommended saying no to the entire packet. City Manager Meurer said that every FORA member City Council reviewed the Principles and adopted them. City Manager Meurer recommended that the City adopt the principles except the voting issue. Mayor Della Sala opened public comments on the item, no one came forward, and he returned the discussion to the dais. It was moved by Councilmember Sollecito, and seconded by Mayor Della Sala, to strike item 2c, the voting structure, and endorse the remaining Joint Submittal of Guiding Principles in implementing policy options following the Base Reuse Plan (BRP) reassessment. Mayor Della Sala said that these principles ensure the plan to replace the jobs is followed, and it is important to move forward except on the voting structure. Councilmember Downey voiced concerns regarding the guidelines, saying that she would not support the motion. She asked to delay the action. Councilmember Haffa said that in principle, he is OK with the document, but is a little uncomfortable moving forward at this time. He asked about the time sensitivity of the item. City Manager Meurer said that it is not time sensitive, except to give the FORA Board input. Councilmember Sollecito said that he represents the City of Monterey, and he wants to make sure that Monterey obtains their small portion of the property that is necessary to the expansion of Ryan Ranch, and that can be developed. On a substitute motion offered by Councilmember Haffa, and 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 6  City Council Minutes Tuesday, December 18, 2012 13. First Quarter Budget Review (Finance - 406-01) Action: Received report Finance Director Rhoads presented the report and answered Councilmembers' questions. City Manager Meurer pointed out that the City's strong financial situation is a result of difficult decisions made by the City Council during the economic downturn, along with a team effort of executives, managers, employees and the employee groups. Councilmember Selfridge suggested that Council might consider a civic pride fund to support community event and voiced concerns regarding overtime. Mayor Della Sala opened the floor for public comments on the item, and with no requests to speak, closed public comments. PUBLIC HEARING 14. Adopt a Resolution Confirming the Report of the Monterey County Tourism Improvement District and Adopting the Levy of Assessment for the 2012/13 Fiscal Year (Finance - 407-08) Action: Adopted Resolution No. 12-187 C.S. Finance Director Rhoads presented the staff report. On question Tammy Blount, Executive Director of MCTID, outlined some specific benefits that have come from this program. Mayor Della Sala opened public comments on the item, had no requests to speak, and closed public comments. On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council adopted Resolution No 12-187 C.S., confirming the report of the Monterey County Tourism Improvement District and adopting the Levy of Assessment for the 2012/13 Fiscal Year: 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 15 Consider 1298 Mark Thomas Drive Appeal 12-309 of Use Permit 12-226 for Modifications to an Existing Personal Service Wireless Communication Facility: Appellant Nina Beety; Applicant Jason Osbornlle; Owner Pebble Beach Company/Hyatt Regency Monterey; VAF Zoning District; Exempt from CEQA Requirements (Plans & Public Works - 203-02) Action: Amended and adopted Resolution No. 12-188 C.S. denying the appeal Principal Planner Cole presented the staff report and answered Councilmembers' questions. City Attorney Davi explained that Council really has no discretion regarding the placement because the applicant has shown that this application conforms to FCC laws. Mayor Della Sala opened the Public Hearing to the Appellant. Nina Beety asked for fifteen to twenty minutes to make her case, and Council agreed to allow fifteen minutes. Ms. Beety stated that her appeal is based on traffic safety impacts from the cellular antennae at the Hyatt in the categories of bodily impacts affecting driving safety, medical device malfunction and vehicle malfunction. Ms. Beety presented statistics and studies regarding the emissions of radiofrequency electromagnetic radiation, saying that it is a possible carcinogen. 7  City Council Minutes Tuesday, December 18, 2012 Mayor Della Sala opened the floor to the Applicant. Rosemary Burn urged the appellant to voice her concerns to the FCC, where they can be addressed. Mayor Della Sala opened the hearing to the general public. Maxwell Green Ocean Avenue resident, said that as a resident he is very concerned about this. Having no further requests to speak, Mayor Della Sala closed the Public Hearing. Councilmember Sollecito wondered about the effects, but said that it is not within the jurisdiction of the City, but belongs with the FCC. It was moved by Councilmember Sollecito to adopt the Resolution. Councilmember Haffa suggested removing the two findings from the resolution that state the use is not detrimental to health, safety and welfare. City Attorney Davi said that the City's Municipal Code, requires Council to make that general finding. She suggested that Council add a final whereas, that the Council is not rendering an opinion as to the health effect to the safety of the facility and that the FCC regulations prohibit us from making such an opinion. On a motion by Councilmember Sollecito, seconded by Councilmember Haffa, and carried by the following vote, the City Council added a final ‘whereas’ as discussed and adopted Resolution No. 12-188 C.S., denying the 1298 Mark Thomas Drive Appeal 12-309 of Use Permit 12-226 for modifications to an existing personal service wireless communication facility: 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 16. Receive a Report on the National Citizen Survey and Approve Three Custom Questions (City Manager - 101-14) Action: Adopted Resolution 12-189 C.S., amending question 1, adding an amount of 1% sales tax sunsetting in ten years, deleting questions 2 and 3, and adding questions regarding a two-way Alvarado Street and Steinbeck Forum Communications and Outreach Manager McGrath presented the staff report. Councilmember Downey made suggestions regarding other questions that could be asked in lieu of questions 2 and 3. Councilmember Sollecito said that he would like to keep question 3. Mayor Della Sala suggested adding specificity with regard to percentage and duration regarding any tax increases. Councilmember Haffa agreed on question 1, said that there is no need for question 2, and maybe not question 3. He suggested asking about the height of buildings. Councilmember Selfridge said that there is no place for comments on the survey. Mayor Della Sala opened the floor for public comments on the item, and with no requests to speak, closed public comments. It was moved by Councilmember Downey, and seconded by Councilmember Selfridge, to approve an amended question 1, adding an amount of 1% sales tax sunsetting in ten years; delete questions 2 and 3; and add questions regarding a two-way Alvarado Street and the configuration of the Steinbeck Forum. 8  City Council Minutes Tuesday, December 18, 2012 Councilmember Haffa asked to add back question 3, the motion maker agreed, but the seconder did not. Mayor Della Sala suggested that additional information on the Steinbeck Forum needed to be added regarding the average occupancy of the room. Councilmembers discussed which information to include. Councilmember Sollecito said that a lot of information would be necessary to make an informed decision and Mayor Della Sala and Councilmember Haffa agreed. 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 a meeting of the Successor Agency of the Redevelopment Agency. 17. Authorize Lease Amendment for Monterey History and Art Association at 5 Custom House Plaza (Plans & Public Works - 206-03) Action: Amended and adopted SA Resolution No. 859 (4-1; Selfridge voting no) Property and Housing Manager Marvin presented the staff report and the Monterey History and Art Association representative detailed the modifications being requested. Mr. Marvin noted that the Resolution should be changed to include the language at the top of page 5 of the report. Mayor Della Sala opened public comments on the item. Christine Sinnott, MHAA, spoke in support of the staff recommendation. Councilmember Haffa expressed concerns regarding the quality of items to be sold in the gift shop. Mayor Della Sala said that he has concerns regarding the shortened business hours and suggested that the Board look at alternatives that would increase revenues. Ms. Sinnott said that if people are there, they will be open. Mayor Della Sala said that there is a need to consider adding different activities to raise revenues. Ms. Downey suggested music or renting office space, and Ms. Sinnott said that those things would be considered. Bob Anea referenced appendix C of the agenda report and presented Council with a plan to preserve the history and culture of the Monterey sardine fishing industry. Eric Sand, Secretary of the Executive Committee, assured Council that MHAA would be including the history of the Sardine fishing industry and he supported the staff recommendation. With no additional requests to speak, Mayor Della Sala closed public comment on the item. City Attorney Davi noted that the title of the Resolution would need to be amended to be a Resolution of the Successor Agency. Mr. Marvin clarified that the Resolution should be amended to add a new Item 1 in the on the last page to include: “Said premises are leased to Lessee only for the purposes of: constructing and operating a Maritime Museum, History Center, Ship Store, and community multipurpose room Museum featuring history, art and innovation, and maritime related issues; a theatre; Museum store; and community multi-purpose room. The premises shall be used for museum programs and exhibits, special events, orientation center, administrative support for the Maritime Museum and History Center, Ship Store, and community multipurpose room Lessee, Museum store, community multi-purpose room, and activities which further such use. Items allowed for sale to be sold in the Museum store or on the leased premises are listed in Exhibit 2, such sales to be facilitated by the use of a gift shop cart moveable throughout the leased premises. Lessee may charge a reasonable admission fee for the Maritime Museum or an event fee for its use. No other use shall be made of the premises without the written consent of the Agency.” 9 City Council Minutes Tuesday, December 18, 2012 It was moved by Councilmember Haffa, and seconded by Councilmember Sollecito, to amend the Resolution as recommended and adopt SA Resolution 859, authorizing a lease amendment for Monterey History and Art Association at 5 Custom House Plaza: Councilmember Downey asked to amend the motion to add a requirement for a six month review, but after discussion withdrew her request. Mayor Della Sala suggested amending the motion to retain the current hours from Memorial Day to Labor Day and reduce operating hours from Labor Day to Memorial Day. The motion maker and seconder agreed to the amendment. Councilmember Selfridge said that she does not support the motion due to the name change and other changes, but she wishes the group all the best. Councilmember Downey agreed that she attended a Board meeting where there was passionate discussion about that topic, and it is crucial to the community to keep the maritime aspect in the name. Councilmember Sollecito supported Mr. Anea's idea and suggested obtaining a corporate sponsorship to put it into place. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Downey, Haffa, Sollecito, Della Sala NOES: 1 COUNCILMEMBERS: Selfridge ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None The Successor Agency to the RDA adjourned back to the City Council meeting. COUNCIL COMMENTS Councilmember Downey said that Council Comments should be done at the beginning of the meeting. She reported that AMBAG received an award for their bookkeeping and financial reporting. She said that she would appreciate any effort toward upgrading the microphones in the Chamber. She asked that a discussion about water be on the agenda routinely, and she asked to agendize the matter. Mayor Della Sala responded that the water item is not on this agenda due to the number of items, but will be on the next. He asked that the Mayor and Vice-Mayor make that decision based on a review of each agenda. Councilmember Selfridge congratulated Pacific Grove for their Parade of Lights and the Yacht Club for the Lighted Boat Parade. She thanked the Police Department for their holiday spirit, saying that their building looks wonderful. She presented a Certificate of Excellence to the Mayor for Monterey's leadership by being an early adopter of charging stations. Councilmember Sollecito said that he has been worried about the violent video games for some time, especially in light of the recent shooting in Connecticut. He said that he is going to try to have the State and perhaps Federal governments pass regulations to keep them out of the hands of minors. Councilmember Haffa referenced the retirement of the MPUSD Superintendent, and he proposed the sharing meeting space in the hiring process. He said that he hopes his resolution on water can be brought back at the next meeting 10 City Council Minutes Tuesday, December 18, 2012 Mayor Della Sala wished everyone happy holidays. CITY MANAGER REPORTS City Manager Meurer announced the release of a new mobile app for Monterey.org Council adjourned to Closed session at 10:59 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director City Clerk Gawf announced that on a roll call vote, the City Council gave confidential direction to their legal counsel in a closed session conference with legal counsel regarding existing litigation in the case of Turn Down the Lights versus Monterey. The vote was 4-1, with Downey voting no. Ms. Gawf stated that Council also received a report from legal counsel regarding threatened litigation, where there is significant exposure to litigation concerning 1001 Hellam St. On a unanimous roll call vote, the City Council continued the remainder of the annual litigation report to the January 2, 2013 meeting. Ms. Gawf announced that Council received a report in a conference with labor negotiators regarding employee organizations: Monterey Fire Fighters’ Association (MFFA), and Fire Management Association (FMA). She said that the last closed session item, a conference with City real estate negotiators to review and consider a proposal by Surfside Enterprises, Inc. to extend the lease for Marina Facilities Building at 256 Figueroa Street was not heard due to the lateness of the hour. ADJOURNMENT Mayor Della Sala adjourned the meeting at 11:40 p.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director Information Resources/City Clerk Mayor 11