Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Wednesday, January 2, 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, Finance Director, Community Services Director, Chief of Planning, Engineering, and Environmental Compliance, Housing & Property Manager, Police Lieutenant, Conference Center General Manager, Conference Center Sales Manager CALL TO ORDER – Monterey Conference Center 1st Floor Lobby Mayor Della Sala called the meeting to order at 4:00 p.m. PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments on items not on the agenda. Mike Dawson wished everyone a Happy New Year. Having no further requests to speak, Mayor Della Sala closed public comments. FIELD TRIP / STUDY SESSION 1. Field Trip to the Monterey Conference Center to Consider Preferred Alternative for Renovation - Monterey Conference Center is located at One Portola Plaza, Monterey, CA 93940. (Public Facilities - 902-01) Action: Toured Conference Center; received and discussed report. Conference Center General Manager Cowdrey conducted the tour and presented the staff report. He gave a brief history of the feasibility study and the 2011 detailed study of the facility. Council toured the facility: the pre-function area, Sierra Ballroom, Alvarado Lobby, Dana and Larkin Rooms, and the third floor rooms, including the Steinbeck Forum. Council and attendees discussed with staff the needed updates to the surfaces, acoustics, technology, outdoor plazas, floor plan and functionality of the building. Councilmembers discussed whether the proposed renovation would allow the facility to recoup business that is currently being lost due to the inability to accommodate certain customers. Staff said that the preferred alternative addresses those issues. Councilmembers discussed the kitchen area and whether a fully functional kitchen should be included as part of the project. Mr. Cowdrey reviewed the reconfiguration of the third floor rooms under the preferred alternative. Councilmembers discussed proposal to remove the permanent stage and theater seating from the Steinbeck Forum in order to create a junior ballroom with additional flexibility. On question, staff estimated that the renovation would take approximately fifteen months if crews worked normal eight hour days. City Manager Meurer noted that how to finance the renovation would be an important upcoming discussion for the community.  City Council Minutes Wednesday, January 2, 2013 Mayor Della Sala recessed the meeting at 5:50 p.m., and reconvened it at 7:00 p.m., where all Councilmembers were present. CONSENT ITEMS Staff answered Councilmember questions regarding Item 7 and the associated process used to arrive at the recommendation to award the professional services agreement. Councilmember Selfridge asked to be invited to observe the next award process. Mayor Della Sala noted that there was an updated version of the December 18 Minutes on the dais. On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council approved the Consent Agenda: 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 13, 2012 (Information Resources - 701-09) Action: Approved 3. December 18, 2012 (Information Resources - 701-09) Action: Amended and approved Resolutions 4. Authorize Appropriation and Transfer of NIP Funds for Skateboard Park Renovation & Expansion Project ***NIP*** (Plans & Public Works - 406-04) Action: Adopted Resolution No. 13-001 C.S. 5. Approve Ramona Entry Island Project Scope Revision and Deappropriate DMG Ramona Neighborhood Entry Sign Project ***NIP*** (Plans & Public Works - 406-04) Action: Adopted Resolution No. 13-002 C.S. 6. Appropriate Funds from the 2012-13 Monterey Bay Unified Air Pollution Control District AB 2766 Grant for Final Design of the Holman Highway 68 Roundabout and Authorize the City Manager to Execute a Reimbursement Agreement with the Pebble Beach Company (Plans & Public Works - 406-04) Action: Adopted Resolution No. 13-003 C.S. 7. Award of Professional Services Agreement for On-Call Architectural Design Services 2012- 2013 ***CIP/NIP/PMSA*** (Plans & Public Works - 405-04) Action: Adopted Resolution No. 13-004 C.S. 8. Award of Professional Services Agreement for On-Call Landscape Architectural Services 2012- 2013 ***CIP/NIP/PMSA*** (Plans & Public Works - 405-04) Action: Adopted Resolution No. 13-005 C.S. ***End of Consent Agenda*** 2  City Council Minutes Wednesday, January 2, 2013 CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened public comments. Joseph Aiello Jr., Monterey resident and business owner, voiced concerns regarding the lack of enforcement of the prohibition of bicycle riding on sidewalks along Alvarado Street, and asked the City to enforce the existing laws and expand the ordinance to other downtown streets. Mary Alice Cerrito Fettis, President of Fisherman's Wharf Association, displayed an award received by Old Fisherman's Wharf for their website. John Milnan, bicycle commuter agreed with the previous speaker regarding bicyclists on the sidewalks. He encouraged public ownership of the desal project. Having no further requests to speak, Mayor Della Sala closed public comments. PUBLIC APPEARANCE 9. Approve Basic Design Parameters for Replacement Street Name Signs *** CIP *** (Plans & Public Works - 803-23) Action: Adopted Resolution No. 13-006 C.S. Deputy City Manager Plans and Public Works Uslar presented the staff report, showing examples of a current street sign and comparing it to examples of the proposed signs. On question, Mr. Uslar said that it is possible to have different styles of signs in different neighborhoods or districts, but that there would be a cost. Councilmember Haffa suggested that certain business districts have a unique style, and Mayor Della Sala said that while he likes the idea, he would like to see the associated costs before making a decision. City Manager Meurer advised that Cannery Row Association is paying the cost of their unique signs. Mayor Della Sala opened public comment on the item. Joseph Aiello asked about the materials, and supported the new sign program. He supported adding a logo to the Downtown street signs. Having no further requests to speak, Mayor Della Sala closed public comments. On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council adopted Resolution 13-006 C.S., approving the basic design parameters for replacement street same signs using the staff recommended design #3: 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. Appoint Representatives to Outside Agencies and Subcommittees (Information Resources - 701-04) Action: Continued the FORA appointment to January 15, 2013 meeting; amended the list; approved appointments Mayor Della Sala presented his recommendations. Councilmember Downey asked to delete the Monterey Sanctuary Advisory Committee, as Monterey does not serve on that body any longer. Councilmember Downey asked to be an alternate on the New Monterey Business Association. 3  City Council Minutes Wednesday, January 2, 2013 Councilmember Selfridge said that she has been with the FORA group for two and a half years, and she would like to remain on that agency. She said that she has been working to change the agency's image. Councilmember Downey said that she feels there is a perception that if someone does not vote as desired, they are punished by being taken off the committee. Mayor Della Sala said that there is nothing personal in his recommendation, and he is merely rotating and balancing responsibilities in order to give each Councilmember the opportunity to serve on a variety of agencies. He recommended appointing Councilmember Sollecito as the representative to FORA. Councilmember Selfridge asked to remove the FORA appointment from the list and continue it to the next meeting. Mayor Della Sala opened public comment, and with no requests to speak, returned the discussion to the dais. Mayor Della Sala said he is OK with waiting to make the appointment to FORA. He suggested changing New Monterey Business Association so Councilmember Downey is shown as the alternate. On a motion by Mayor Della Sala, seconded by Councilmember Downey, and carried by the following vote, the City Council amended the appointments, deleting the SAC and changing Councilmember Downey to the alternate on the NMBA as discussed, removed the FORA appointment and continued it until the next meeting, and approved the remaining appointments to outside agencies and subcommittees: 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 11. Receive Council Direction for City Manager Recruitment and Qualifications (Human Resources - 502-11) Action: Directed staff to move forward with the recommended process for the City Manager recruitment and qualifications, with the ad hoc committee returning up to five qualified firms to Council for their consideration Benefits Manager Maloney presented the staff report. City Manager Meurer recommended hiring a professional recruiter, saying that this is one of the most important recruitments the City has done in several years, and the first City Manager recruitment in about fifty years. Councilmember Haffa said that he would prefer not to use a recruitment firm, but he would be comfortable going forward with one if the other Councilmembers want to use that process. He suggested a citizens' search committee to do the screening and that each Councilmember appoint someone they trust from the community to the search community. Councilmember Downey said that she likes the search committee idea. She suggested that Council might want to interview in house candidates first before going outside Councilmember Selfridge supported the idea of having a search committee work with the headhunter.. City Manager Meurer said that is very important that the City Council makes this decision rather than a committee. He said that is important to hear from the community, and any recruiter that is hired should include a process for that. He cautioned that using a citizens' committee would significantly reduce the number of individuals applying for the position due to privacy concerns of the potential applicants. He encouraged Council not to delegate this decision. 4 City Council Minutes Wednesday, January 2, 2013 Councilmember Sollecito said that it is important to do background checks on the headhunter and pick the best possible group for this area. Mayor Della Sala opened public comment on the item. Jody Hansen, President and CEO of the Monterey Peninsula Chamber of Commerce, submitted a letter and urged Council to support the staff recommendation. She said that this recruitment is important for all of the cities in the region. She said that it is so important to make sure that the right person is hired, and the Council does not want to delegate this choice. Ed Smith, Monterey resident, said that he owns a training company and is familiar with many of the headhunters. He encouraged Council to hire a firm to act as the Council's facilitator in the process and help the Council reach out to the community during this process. He said that the in house candidates need to have a fair opportunity to be considered at the same time as outside candidates. Nina Beety said that the public input is critical. She said that an in house process can be very closed and impartial. She voiced concerns whether headhunters can be impartial, and she would like to see an open process where normal residents have a strong voice in hiring someone to create a healthy and happy community. Joseph Aiello objected to the use of the word "headhunter." He said that any viable candidate from outside should have five to ten years of experience as a City Manager, but there are good potential internal candidates as well. He hoped for someone who would stay for at least ten to fifteen years. Having no further requests to speak, Mayor Della Sala closed public comment on the item. Councilmember Downey said that she is thinking of a search committee that would help Council garner public input. Mayor Della Sala agreed, saying that the best way would be to hire an executive recruitment firm to assist Council in the best way to gain public input. Councilmember Sollecito agreed. Councilmember Haffa said that he would like to look at how a recruitment firm would involve the community; how they will work with the Council, and results of their recent searches. He agreed that Council should let the firms know that we want to hear their ideas on community involvement. Councilmember Sollecito said he envisioned that his job as a subcommittee member would be to conduct a background check on the firm. Mayor Della Sala said that he would be comfortable having a subcommittee make a recommendation of three firms on January 23rd. Councilmember Selfridge said she is comfortable with the subcommittee process. It was moved by Councilmember Haffa, and seconded by Councilmember Sollecito, to direct staff to move forward with the recommended process for the City Manager recruitment and qualifications, with the ad hoc committee returning 3-5 firms to Council for their consideration. Councilmember Downey asked that the ad hoc committee not assume that they have to come back with exactly 3-5 recommendations and to feel free to say so if they are not comfortable with any of them. The motion maker and seconder agreed to add that provision to their motion, and 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 5  City Council Minutes Wednesday, January 2, 2013 OTHER BUSINESS 12. Request to Support Second Desalinization Plan to Serve as an Alternative and Contingency to the California-American (CalAm) Proposal (Councilmember Haffa - 804-05) Action: Adopted Resolution No. 13-007 C.S. Councilmember Haffa provided his recommendation to pass a resolution to support a contingency plan. Councilmember Downey supported the recommendation. Mayor Della Sala asked what if one of the private projects comes in at a lower cost than a publicly owned project, and Councilmember Haffa said that there is nothing in the resolution that would prohibit the City from supporting a privately owned project if it is the most cost effective. He suggested that the resolution could be modified to reflect support of the most cost effective. Councilmember Downey said that she supports publicly owned. Councilmember Haffa said his rationale was based on the cost effectiveness of a publicly owned project. Mayor Della Sala opened public comment on the item. Dale Hekhuis said that he is pleased to comment on this resolution, saying that the most important word here is "risk." He supported the resolution. Mr. Malek congratulated Mr. Haffa and the District for their initiative. He supported the resolution. With no further requests to speak, Mayor Della Sala closed public comments. It was moved by Councilmember Downey, and seconded by Councilmember Sollecito, to adopt Resolution No. 13-007 C.S., to support a second desalinization plan to serve as an alternative and contingency to the California-American (CalAm) proposal. Mayor Della Sala said that he would support the motion with the understanding that it would be revisited if a privately owned plant is found to be more cost effective. 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 Mayor Della Sala called a recess at 8:55 p.m., and reconvened the meeting at 9:05 p.m. 13. Request for Reconsideration of Resolution Implementing Changes in Benefits for Executive Management Employees, and Reconsideration of that Resolution if the Vote is in Favor of Reconsideration (Human Resources - 507-08) Action: Voted to reconsider the item; adopted Resolution No. 13-008 C.S. Benefits Manager Maloney presented the staff report. Mayor Della Sala opened public comment on the item, and with no requests to speak, closed public comment. 6  City Council Minutes Wednesday, January 2, 2013 It was moved by Councilmember Downey to reconsider the resolution and explore the possibility of contracting out contracting the negotiating for salaries. After discussion, she withdrew the motion. On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council approved a reconsideration of a Resolution implementing changes in benefits for Executive Management employees: 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 adopted Resolution No. 13-008 C.S. implementing changes in benefits for Executive Management employees: 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 14. Update on Regional Water Project ( - 804-05) Action: Received report Mayor Della Sala said that the questions on SPI Consultants’ report posed by members of the public have been answered by SPI, and the Water Authority TAC would consider the final report at their meeting on January 10. He reviewed some of the details regarding financing the project, noting that the Authority has agreed to pay half of the cost of a financing analysis up to $12,500, with the Monterey Peninsula Water Management District paying the balance. He said that there would be an opportunity for public testimony on the project on January 9th. He said that the Authority is doing all they can to put a spotlight on all three of the proposed projects. Mayor Della Sala opened public comments on the item. Dale Hekhuis supported having a continuing agenda item for a water update. He said that the Squid Fry column has been the best source of information on this topic until now. Mr. Malek invited the Mayor and Council to be more firm and demand what the public wants. He said that the people need to be in the driver's seat. Having no further requests to speak, Mayor Della Sala returned the discussion to the dais. Councilmember Downey said that she would like to agendize having a water update as a standing agenda item. Councilmember Haffa thanked the Mayor for his report and supported the idea of having a regular item. COUNCIL COMMENTS Councilmember Downey asked to agendize an item to have staff to explore the possibilities of contracting out negotiations so there is no conflict of interest. Councilmember Downey said that she hopes problems with the sound system are solved. She suggested that Council relook at the twenty-five cent fee for bags and asked to agendize the matter. Councilmember Sollecito said he was going to suggest that as well. 7 City Council Minutes Wednesday, January 2, 2013 Councilmember Downey said that perhaps Council should consider refunding Nina Beety's appeal fee. Councilmember Selfridge said there is some confusion regarding the bag fees. She congratulated First Night Monterey on their celebration, and said she is pleased at the number of people coming from all over the state. Councilmember Haffa thanked the organizers of First Night. He said that he has started working with a group to address homelessness, and they are planning a symposium sometime in February. CITY MANAGER REPORTS The City Manager had no report. Mayor Della Sala adjourned the meeting to closed session at 9:32 p.m., until 10:47 p.m., when announcements were made. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that in a closed session 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 the Marina Facilities Building at 256 Figueroa Street, the City Council gave confidential direction to their negotiators on a roll call vote of 3-2, with Haffa and Selfridge voting no. Ms. Gawf announced that during a conference with their legal counsel, the City Council received a report on several cases of existing litigation and one case of threatened litigation, and there was no action taken. ADJOURNMENT Having no further business to come before the City Council, Mayor Della Sala adjourned the meeting at 10:47 p.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director Information Resources/City Clerk Mayor 8