Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, March 19, 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, Mayor Della Sala Absent: None City Staff City Manager, City Attorney, Director of Information Resources/City Clerk, Present: Finance Director, Community Services Director, Police Chief, Deputy City Manager, Plans & Public Works, Chief of Planning, Engineering, and Environmental Compliance, Housing and Property Manager, Traffic Engineer, Principal Planner CALL TO ORDER Mayor Della Sala called the meeting to order at 4:02 p.m. PRESENTATIONS 1. Recognition of Defense Language Institute Quarterly Joint Service Awards (City Manager - 701- 17) Action: Recognized Sergeant Chocho Malinda Desantis and Lance Corporal Patrick A Brown Mayor Della Sala recognized Sergeant Desantis and Lance Corporal Brown. Both made brief comments, thanking the City Council. CONSENT ITEMS Mayor Della Sala opened the floor for public comments on Item 8. Sean Allen, Trailside Café, thanked staff and the City Council for allowing him to participate in the proposal process. He expressed his frustration with the outcome. He said that he would be ready to enter negotiations when the City is ready. Having no further request to speak, Mayor Della Sala closed public comments on the item. On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council approved the Consent Agenda items, except Item 6: 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. March 5, 2013 (Information Resources - 701-09) Action: Approved  City Council Minutes Tuesday, March 19, 2013 Resolutions 3. Authorize the City Manager to Enter into an Assignment Agreement Assuming the Duties and Obligations from AMBAG for the Remainder of the Coastal Regional Sediment Master Plan and Environmental Impact Studies Grant from the California Dept of Boating and Waterways and Appropriate the Funds (Plans & Public Works - 409-02) Action: Adopted Resolution No. 13-041 C.S. 4. Authorize the City of Monterey's Participation in the California Employer's Retiree Benefit Trust Program (CERBT) (Finance - 504-06) Action: Adopted Resolution No. 13-042 C.S. 5. Appropriate Funds for TracNet Records Management System and Authorize a Transfer of Funds from the General Fund Ending Balance to Capital Renewal Reserves (Finance - 406-04) Action: Adopted Resolution No. 13-043 C.S. Other 6. Authorize Closed Session Conference Pursuant to Government Code Section 54956.8 with City Real Property Negotiators, Sam Rashkin, Rick Marvin, Chip Rerig, and Hans Uslar to Provide Negotiating Direction to Respond to Lease Renewal Request for Monterey Peninsula Yacht Club, Municipal Wharf No. 2 (Plans & Public Works - 206-03) Action: Removed from Consent; discussed; authorized Councilmember Selfridge voiced concerns that the appraisal was released to the public before the Council received it. She asked to table the item until the next meeting. Chief of Planning Rerig clarified that this item requests authorization for a closed session on April 2nd and the intent is to send the Council the appraisal with the Closed Session packet. On question he clarified that there would be an opportunity for public comment prior to the closed session. City Manager Meurer said that the appraisal could be provided in advance of the packet. Councilmember Sollecito said that he does not see any gain in waiting to authorize the Closed Session. Councilmember Haffa said that since the actual Closed Session is not scheduled tonight, he could support passing this item. Councilmember Downey expressed concern that an outside real estate professional be consulted regarding this issue and said that she would like to have that opinion available at the closed session. It was moved by Councilmember Haffa to authorize the closed session to take place in two weeks, subject to receiving the appraisal and subject to an evaluation by Peter Baird as to the fair market value of the property. Councilmember Downey seconded the motion. Mayor Della Sala requested public comment on the item, and no one came forward. He returned the discussion to the dais. Councilmember Selfridge asked to receive the appraisal by tomorrow or the next day. The motion carried by the following vote: 2  City Council Minutes Tuesday, March 19, 2013 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 7. Approve Old Town Alternate to Neighborhood Improvement Program Committee for Calendar Year 2013 ***NIP*** (Plans & Public Works - 701-06) Action: Approved 8. Authorize Closed Session Conference Pursuant to Government Code Section 54956.8 with Real Property Negotiators Hans Uslar, Chip Rerig, Rick Marvin and Janna Aldrete to Provide Lease Negotiation Direction for 290 Figueroa Street (S.P. Passenger Depot) (Plans & Public Works - 704-10) Action: Authorized 9. Reject Claim - Carr (Finance - 408-04) Action: Rejected claim 10. Reject Claim - Rowland (Finance - 408-04) Action: Rejected claim ***End of Consent Agenda*** Council adjourned to an Ocean View Community Services District Meeting 11. Receive Ocean View Community Services District Quarterly Report (City Attorney - 706-09) Action: Received report On a motion by Director Selfridge, seconded by Director Haffa, and carried by the following vote, the Ocean View CSD Board received the Ocean View Community Services District Quarterly Report: 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 The OVCSD Board Adjourned back to the City Council Meeting PUBLIC COMMENTS Mayor Della Sala opened public comments on items not on the agenda. Maxwell Green said that while the City has done some things about the homeless issues, he has concerns regarding some individual cases. He said that he is encouraged by the Police Chief’s willingness to study the issue, and Councilmember Sollecito’s compassion. He urged getting something done. Having no further requests to speak, Mayor Della Sala closed public comments. PUBLIC APPEARANCE 12. Adopt Negative Declaration and Adopt Monterey on the Move, a Citywide Multi-Modal Mobility Plan (Plans & Public Works - 803-12) Action: Adopted Resolution No. 13-044 C.S., approving the Negative Declaration and Resolution No. 13-045 C.S., adopting Monterey on the Move 3  City Council Minutes Tuesday, March 19, 2013 Traffic Engineer Deal presented a video and gave the staff presentation. Mayor Della Sala opened the floor for public comments on the item. Mary Lynch, expressed her support for the Multi-Modal Mobility Plan with enthusiasm and gratitude. Bruce Sinetta spoke in support of the plan. Bob Evans, New Monterey resident and frequent biker, spoke in support of the plan, but urged more bike racks at City Hall. Ryan Burke thanked the City for having a great recreation trail so he can ride his bike to school and supported the plan. He voiced concerns regarding bumps near intersections and the poles in the middle of the trail. Having no further requests to speak, Mayor Della Sala returned the discussion to the dais. It was moved by Councilmember Downey, and seconded by Councilmember Sollecito, to adopt Resolution No. 13-044 C.S., approving the Negative Declaration and Resolution No. 13-045 C.S., adopting Monterey on the Move, a Citywide Multi-Modal Mobility Plan: Councilmembers expressed their support for the plan, and Councilmember Selfridge suggested a stop sign where the trail crosses the roadway near Monterey Plaza Hotel. Councilmember Downey supported making the trail wider if possible to separate pedestrians and bicyclists. Councilmember Haffa agreed that the trail should be widened where feasible. 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 13. Report to Council Summarizing Results of Various Individual and Group Meetings Held by Stuart Satow (CPS HR Consulting) to Determine the Top Traits and Qualities Desired for Recruiting the City of Monterey's Next City Manager and to Discuss Compensation and Benefits Package (Human Resources - 502-11) Action: Received report and continued the item to April 2, 2013 Stuart Satow of CPS HR Consulting presented findings from meetings with community members, City staff, employee group leaders, and City Council Members. He reviewed the issues and priorities for the new manager, as perceived by these groups, as well as the necessary competencies and characteristics that the new City Manager should possess. Councilmember Selfridge said that she attended this morning’s meeting and is in agreement with what she heard there. She suggested that Council hold an evening meeting to hear from people who could not attend this morning. Councilmember Haffa agreed. Mr. Satow said that if it is Council’s pleasure, he is prepared to consolidate and condense this information for the purpose of putting together a recruitment brochure. Councilmember Sollecito thanked Mr. Satow, saying that it is excellent information and feedback. Councilmember Haffa said that he would like to see the condensed information and review it at the next meeting. Councilmember Downey said she would like to see salaries and benefits paid by comparable cities. Councilmembers discussed the process for setting the salary and reviewed the current City Manager’s salary. Mayor Della Sala opened public comment on the item. Mary Lynch said that she believes institutional knowledge is very important for a person in this type of leadership position. Bob Evans said that Mr. Satow did a great job of summarizing the feedback. He urged that at some 4 City Council Minutes Tuesday, March 19, 2013 point in the process, the community at large be involved. He suggested that the community have an opportunity to meet the final candidates and give input. With no further requests to speak, Mayor Della Sala closed public comment on the item, and said that due to the time, Council discussion of this matter would be taken up as the first item on the evening agenda. Council recessed at 5:57 p.m., then reconvened at 7:01 p.m. All Councilmembers were present. Mr. Satow reviewed the base compensation for City Managers in the comparable cities that had been previously selected by the City Council and surveyed. Councilmember Haffa suggested letting the public weigh in on what the compensation should be. Mayor Della Sala said that while he has no problem gathering the public’s ideas on this matter, he believes that it is important to establish a range for recruitment purposes. Councilmember Sollecito suggested establishing a range that falls between the amounts paid by the City of Santa Cruz and the City of Monterey. Councilmember Downey said that the new hire would likely not have the experience of the incumbent so would be paid less. Mr. Satow said that candidates look at the market in the region rather than tenure. Mayor Della Sala suggested establishing the range at $190,000 to $200,000, and Mr. Satow said that would likely eliminate many of the good candidates. He suggested $190,000 to $220,000. Councilmember Downey said she would be more comfortable limiting the range to the current amount. Councilmember Haffa said that this matter goes to the values of the community, and he would like to hear from the public on this matter before setting a range. Councilmember Sollecito said that he believes it is important to set a range that will attract the best candidates. He said that rather than hiring an interim city manager, as had been suggested by other Councilmembers, he would prefer to ask Mr. Meurer to stay a bit longer if needed. City Manager Meurer said that he would be willing to stay longer in order to make a smooth transition. Councilmembers agreed that they want to get additional public input and study the data more before making the decision. Mr. Satow said that he would not move forward on the recruitment until he hears more from Council. Councilmember Downey suggested that the Assistant City Manager could be the interim. Mayor Della Sala suggested that Council stay focused on hiring a permanent City Manager rather than hiring an interim. Ms. Downey disagreed. City Attorney Davi clarified that under State law, the Council has to discuss salary and benefits at one of their regular meetings. It was moved by Mayor Della Sala, and seconded by Councilmember Selfridge, to continue the item to April 2, 2013. City Manager Meurer clarified that this item would go forward without the recruiter present, and the compensation chart would be updated to show annual salary, and if available, the new Marina City Manager’s salary. On question, Mr. Satow said that if the recruitment is opened by mid-April and held open for 4-5 weeks, the final interview process would begin at the earliest by mid-June with the earliest possible appointment by mid-August. 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 Tuesday, March 19, 2013 WATER UPDATE Mayor Della Sala gave a brief update, explaining GWR where advanced treated water is injected into the ground and eventually extracted for human consumption. Councilmember Downey said that the Water Pollution Control Agency is moving forward with the EIR. She noted that Disneyland has used this type of water for some time, and there is a public education effort currently underway so people will not be afraid of it. She mentioned that some of the hospitality community is skeptical on this issue. She clarified that she has never said that she wants to buy CalAm. On question, Mayor Della Sala said that he asked for the material in reference to the $4,500 per acre-foot price from CalAm, and he has not received it. Mayor Della Sala opened public comments on the item. Nelson Vega said that he is glad to hear that Councilmember Downey does not favor purchasing CalAm. He said that he is in favor of GWR, but he does not believe that it should be the focus. He said that even if the Desal plant is larger and GWR comes on line people will buy the water. He said that increasing the supply of water will decrease the price. He urged increasing the supply as much as possible. Nina Beety said that often things don’t surface for a while and she opposes GWR. She voiced concerns that people think they can use as much water as they want. She said that Monterey County is over built, and the economy needs to be retooled so as not to use the resources. Jason Wachs, Citizens for a Safer Trail, said that while Council may not be hearing about accidents on the recreation trail it does not mean they don’t happen. He urged Council to work as expeditiously as possible. With no further requests to speak, Mayor Della Sala closed public comment on the item. Councilmember Sollecito said that while he agrees with the finite planet concept, this area does not have adequate water for basic essentials. Mayor Della Sala said that the Peninsula’s use is 70 gal per person per day compared to 250 gallons per person per day in other areas. CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened the floor for general public comment. Nelson Vega said that City Manager Meurer has done a great job, and he is well paid. He said that Mr. Meurer has expertise that others don’t have, noting that other cities are in very bad financial shape. He said that the top criteria is to be an effective City Manager, and the salary should be left open. Nina Beety said that this week is the ten-year anniversary of the war on Iraq. She said that the war was based on lies, and she voiced concerns regarding the current public attitude toward Iran. She urged a “new day’ in the relationship with Iran. Luke Rivera, Pacific Grove resident and Harbor employee, said that he would like to have Monterey connected to the rest of the State via public transit. Having no further requests to speak, Mayor Della Sala closed public comment. PUBLIC HEARING 14. Consider 301-375 Alvarado Street Planning Commission Recommendation Permit 12-339 to Renovate and Existing Commercial Building to Include 22 Apartments and Approximately 13,000 Square Feet Commercial; Applicant John Valenti (Paseo de Alvarado Renovations); Owner ABV Associates; PC Zoning (Exempt from CEQA) (Plans & Public Works - 202-02) Action: Adopted Resolution 13-046 C.S. Principal Planner Cole presented the staff report. 6  City Council Minutes Tuesday, March 19, 2013 Mayor Della Sala opened the public hearing to the applicant. Henry Ruhnke, Wald Runhke and Dost, gave a brief history and review of the project. Mayor Della Sala opened the hearing for public comments on the item. Nelson Vega said that he is glad to see more apartments added to the Downtown, especially with the tenant mix. He supported the project. Jack Valenti said that it is more cost effective to do the entire project at one time, so it is crucial to them to have the outdoor seating issue resolved. Having no further requests to speak, Mayor Della Sala closed the public hearing. Councilmember Sollecito said that he favors resolving the outdoor seating issue in time for this project if possible. Staff clarified that the outdoor seating issue requires review in conjunction with the CEQA document. Councilmembers expressed discomfort with adding the outdoor seating to this item to night. On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council adopted Resolution No. 13-046 C.S. approving the Planning Commission recommendation on Permit 12-339 for the renovation of an existing commercial building to contain 22 apartments and approximately 13,000 square feet: 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 137 Stephen Place; Planning Commission Recommendation on Permit 13-009 to Amend the Boundaries of a Conservation Easement; Applicant Ronald and Mary Nahas Family Trust; Owner Stephen Place, LLC; R-1-15 Zoning District (Exempt from CEQA) (Plans & Public Works - 202-02) Action: Adopted Resolution No. 13-047 C.S. Principal Planner Cole presented the staff report. Mayor Della Sala opened the public hearing to the applicant. Mexie Wilson said that the purpose is to allow the grandchildren more space to play. Mayor Della Sala opened the hearing for general public comments, and having no further requests to speak, he closed the public hearing. On a motion by Councilmember Haffa, seconded by Councilmember Downey, and carried by the following vote, the City Council adopted Resolution No. 13-047 C.S. approving the Planning Commission recommendation on Permit 13-009 amending the boundaries of a conservation easement at 137 Stephen Place: 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 recessed at 9:01 p.m., and reconvened at 9:12 p.m. 7  City Council Minutes Tuesday, March 19, 2013 16. Consider 15 Wharf #1 (Oceanfront/Sea & Tree Gallery) - Planning Commission Recommendation to Approve Wharf Permit 12-366 to Expand the Footprint of an Existing Building by 205 Square Feet and a Building Height of 18’-10”; Applicant Dennis Hodgin; Owner City of Monterey; Exempt from CEQA Requirements (Plans & Public Works - 203-02) Action: Adopted Resolution No. 13-048 C.S. Principal Planner Cole presented the staff report. Mayor Della Sala opened the public hearing to the applicant. Dennis Hodgin said that his client would like to refurbish the building and create something that is more inviting and that would give more exposure to the retail. He explained the atrium concept that will have a transparent ocean theme. Upon opening the hearing to the public and having no further requests to speak, Mayor Della Sala closed the public hearing. On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council adopted Resolution No. 13-048 C.S. approving Wharf Permit 12-366 to expand the footprint of an existing building by 205 square feet and a building height of 18’-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 COUNCIL COMMENTS 17. Councilmember Request to Agendize Support of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) (Selfridge - 706-02) Action: Agendized On a motion by Councilmember Haffa, seconded by Councilmember Sollecito, and carried by the following vote, the City Council agendized a discussion of whether to support of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), with clarification that staff would not research this matter: 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 discussed the matter of whether to agendize issues of national rather than city concern. 18. Councilmember Request to Agendize Hiring More Than One On-Call Contractor (NIP Subcommittee) (Selfridge/Sollecito - 706-02) Action: Tabled Councilmember Sollecito said that he would also like to also consider lowering the bond amount for smaller jobs along with this matter. Councilmember Selfridge said that this matter was brought up by the NIP Subcommittee. She suggested tabling this matter pending further discussion with the NIP. 8 City Council Minutes Tuesday, March 19, 2013 On a motion by Councilmember Sollecito, seconded by Councilmember Selfridge, and carried by the following vote, the City Council tabled the matter: AYES: 5 COUNCILMEMBERS: Downey, Haffa, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Councilmember Downey said that she is very sorry that the City is losing Finance Director Don Rhoads, and she thanked him for his excellence and efforts. Mayor Della Sala echoed those comments. Councilmember Sollecito agreed, saying that the City has an excellent City staff, City Council and citizens. He said that he was encouraged by tonight’s meeting and the projects that were on the agenda. Councilmember Selfridge also recognized Don Rhoads, saying that the community appreciates him. Councilmember Haffa reported on the recent Chamber dinner where City Manager Meurer was honored for his years of service. He said that he attended the recent Yes concert and he was encouraged by the packed house. CITY MANAGER REPORTS City Manager Meurer said that staff is still trying to put together dates for a meeting with Jeff Munks. He said that there will be a study session on April 24 regarding the City Capital Improvement Program. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that in a conference with legal counsel to decide whether to initiate litigation in the case of City of Monterey versus the County of Monterey on a property tax administration fees claim, the City Council gave confidential direction to their legal counsel. Ms. Gawf reported that in a conference with labor negotiators regarding employee organizations: General Employees of Monterey (GEM), Management Employees Association (MEA), and Monterey Police Association (MPA) the City Council held two separate roll call votes where they gave confidential direction to their negotiators, and both votes were unanimous. Ms. Gawf announced that the City Council received and discussed a report in a conference with real estate negotiators to discuss lease terms for the Wharf Marketplace at the S.P. Passenger Depot (290 Figueroa Street), and continued the item to April 2, 2013 on a unanimous roll call vote. ADJOURNMENT Mayor Della Sala adjourned the meeting at 11:55 p.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director Information Resources/City Clerk Mayor 9