Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, August 6, 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, Assistant City Manager, Director of Information Present: Resources/City Clerk, City Attorney, Deputy City Manager, Plans & Public Works, Chief of Planning, Engineering, and Environmental , Interim Finance Director, Community Services Director, Police Chief, Principal Planner, Housing & Property Manager CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. COUNCIL COMMENTS Councilmember Haffa reported that he has met with members of the business community regarding creating a jobs program for homeless individuals. He said that business concerns included timeliness, cleanliness, and having a work ethic that will enable an employee to be an appropriate fit. Councilmember Downey asked to have a discussion regarding hiring an outside negotiator to conduct labor negotiations. The Mayor said that he and the Vice Mayor would discuss putting that on an upcoming agenda. Ms. Downey expressed her delight that the Library is now open on Sundays. She reported on her recent trip to Washington DC with the City Manager, Assistant City Manager and Councilmember Haffa. She asked to agendize hiring a facilitator to work with the City Council and City Manager during Mr. Meurer's last six months. Councilmember Selfridge congratulated the Library on their reopening on Sundays. She said that the Turkish Festival will be held later this mont at the Train Depot parking lot. Councilmember Sollecito reported that one of the results of the ongoing City Manager recruitment was hearing that the City of Monterey is doing a lot of things right because of excellent leadership and excellent staff. He urged staff to keep up the good work. Councilmember Downey said that she attended a conference with the defense communities yesterday and offered kudos to Deputy CM Uslar. Mayor Della Sala announced that the Junior Wings from Nanao are arriving next week, and Monterey will send students to Nanao in October as part of that exchange program. He reported on his recent visit to Tokyo and Nanao, noting the culture of cleanliness. The Mayor reported on the similarities between Monterey and Nanao, including a Jazz Festival  City Council Minutes Tuesday, August 6, 2013 and a Wharf. American Institute of Architects are also involved with the exchange. Councilmember Selfridge wished Betty Faught a Happy 105th Birthday. 1. Councilmember Request to Agendize a Hearing Regarding Placing a Gate at the Entrance to Stephen's Place (Haffa - 203-02) Action: Agendized Councilmember Haffa said that the property owner deserves an opportunity to speak to the City Council. On a motion by Councilmember Haffa, seconded by Councilmember Sollecito, and carried by the following vote, the City Council agendized a hearing regarding placing a gate at the entrance to Stephen's 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 PRESENTATIONS 2. Receive Pacific Gas & Electric Presentation for Pipeline Public Safety and Enhancement Plan (Plans & Public Works - 804-01) Action: Received presentation John Shoals, PGE, introduced Monterey Liaison Dawn Mathis and Erin Zaferman and Evan Stark, Project Coordinators. He gave a presentation regarding PG and E's Pipeline Safety Enhancement Plan and the pressure testing that is scheduled for Monterey. CONSENT ITEMS Assistant City Manager McCarthy said that members of the public have asked to remove Items14 and 16 from the Consent agenda. Councilmember Selfridge said that she has questions regarding Item 12, and Mayor Della Sala asked to pull Item 15 from the Consent Agenda. It was moved by Councilmember Haffa, and seconded by Councilmember Sollecito, to continue Items 20 and 22 to the August 20, 2013 meeting. Councilmember Downey asked to bring the item 22 back after an outside negotiator is considered. She asked to amend the motion to table Item 22 the mover and seconder agreed. AYES: 5 COUNCILMEMBERS: Downey, Haffa, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None 2  City Council Minutes Tuesday, August 6, 2013 ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None On a motion by Councilmember Haffa, seconded by Councilmember Downey, and carried by the following vote, the City Council approved the Consent Agenda, except Items 14, 15, and 16: 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 3. June 18, 2013 (Information Resources - 701-09) Action: Approved 4. June 26, 2013 (Information Resources - 701-09) Action: Approved 5. July 2, 2013 (Information Resources - 701-09) Action: Approved Ordinances 6. 2nd Reading – Recognize Monterey Fire Chief Officers' Association (MFCOA) as the Bargaining Unit Formerly Known as Fire Management Association (FMA) and Reflect the Name Change Throughout the City Code (Human Resources - 507-05) Action: Adopted Ordinance No. 3483 Resolutions 7. Authorize Conversion of Use of Heritage Harbor Space #255C located at 99 Pacific Street from Commercial to Classroom; Owner: Monterey Bay Aquarium, Applicant: Daryl Hawkins on behalf of Brandman University (Plans & Public Works - 203-02) Action: Adopted Resolution No. 13-121 C.S. 8. Approve Monterey Regional Storm Water Management Program (MRSWMP) Memorandum of Agreement (MOA) with the Monterey Regional Water Pollution Control Agency (MRWPCA) (Plans & Public Works - 706-04) Action: Adopted Resolution No. 13-122 C.S. 9. Appropriate Grant Funds in Colton Hall Museum Account (Library - 406-04) Action: Adopted Resolution No. 13-123 C.S. 3  City Council Minutes Tuesday, August 6, 2013 10. Amend Resolution 13-101 Changing the 2013-2014 Position Control List by Adding One (1) Overfill Code Compliance Coordinator Position in the Plans and Public Works Department (Plans & Public Works - 502-03) Action: Adopted Resolution No. 13-124 C.S. 11. Approve Rescope of Vizcaino Oak Tile Mural Study and Vizcaino-Serra Oak Tile Mural Project ***NIP*** (Plans & Public Works - 808-02) Action: Adopted Resolution No. 13-125 C.S. 12. Approve Fisherman's Wharf Association Request To Modify Hours That Vehicles Are Prohibited On Municipal Wharf 1 (Fisherman's Wharf) (Public Facilities - 901-06) Action: Adopted Resolution No. 13-126 C.S. 13. Authorize Waiver of Fees for Festa Italia Santa Rosalia Fisherman's Festival on September 6-8, 2013 (Recreation & Community Services - 302-06) Action: Adopted Resolution No. 13-127 C.S. 14. Amend Resolution 13-101 Adopting the Budget of the City of Monterey for Fiscal Year 2013- 2014, Based on the 2012-2013 Reclassification & Salary Adjustment Review (Human Resources - 406-04) Action: Removed from Consent; discussed; adopted Resolution No. 13-128 C.S. Human Resources Analyst Russo presented the staff report. Councilmember Downey expressed frustration that this item feels like piecemealing the budget and negotiations process. On question from Councilmember Selfridge, Ms. Russo said that nine of the 15 employees are currently receiving out of class pay. Mayor Della Sala opened public comment on the item. Nelson Vega said that this is not something the Council should cavalierly pass, and it is about giving pay raises to employees. He said that Council needs an outside negotiator who can be neutral in the process. He said that the money should go back into road improvements. Having no further requests to speak, Mayor Della Sala closed public comments. On question from the Mayor, Ms. Russo confirmed that there has not been a reclassification study in five years. She explained that each position has a compensation study done before these are brought forward. Councilmember Downey said that the only position that she has personal knowledge of is the Recreation Superintendent (Vierra). She said that individual has taken on duties of the former Recreation Director and deserves a raise. She agreed that the infrastructure needs to be fixed. 4  City Council Minutes Tuesday, August 6, 2013 Mayor Della Sala... On a motion by Councilmember Della Sala, seconded by Councilmember Sollecito, and carried by the following vote, to Amend Resolution 13-101 Adopting the Budget of the City of Monterey for Fiscal Year 2013-2014, Based on the 2012-2013 Reclassification & Salary Adjustment Review : Councilmember Selfridge offered a substitute motion to put this on hold until more information is provided and Councilmember Downey seconded the motion. Councilmember Haffa said that he believes Council should move forward at this time. The substitute motion carried by the following vote based on bringing the matter back on August 20: 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. Authorize the City Manager to Execute a Professional Services Agreement for up to $30,000 to Prepare an Appraisal of the City’s Former Fort Ord Property (Plans & Public Works - 206-05) Action: Removed from Consent; discussed; adopted Resolution No. 13-129 C.S. (3-2; Sollecito, Della Sala voting no) Chief of Planning and Engineering Rerig presented a brief report. Councilmember Downey read from the Minutes of June ____ and said that she prefers to move forward with an appraisal Councilmember Sollecito said that he believes it would be best to perform one appraisal later in the process, and he believes it is a waste of money to do an appraisal at this time. On question Mr. Rerig ... On a motion by Councilmember <MOVER>, seconded by Councilmember <SECONDER>, and carried by the following vote, the City Council ______ed the Authorize the City Manager to Execute a Professional Services Agreement for up to $30,000 to Prepare an Appraisal of the City’s Former Fort Ord Property: Councilmember Haffa said that he will support the motion because he believes establishing a baseline for such a valuable piece of property is worth the price of $30,000. 5  City Council Minutes Tuesday, August 6, 2013 Mayor Della Sala agreed that an appraisal is necessary, but the question is when. He said that in a year when there is more information is a better time to conduct that appraisal. Councilmember Sollecito said that Council would not enter negotiations without an appraisal, but this is not the proper time. He said that waiting until later would not hurt, but would only help. Councilmember Downey said that she would like for the City to hire the appraiser. Mayor Della Sala said that the City could hire the appraiser. AYES: 3 COUNCILMEMBERS: Downey, Haffa, Selfridge NOES: 2 COUNCILMEMBERS: Sollecito, Della Sala ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 16. Precommit 1.6 Acre-Feet of Water to 459 Alvarado Street with Terms and Conditions of Approval (Plans & Public Works - 203-07) Action: Removed from Consent; discussed; adopted Resolution No. 13-130 C.S. Chief of Planning Rerig gave a staff report and said that there is an amended Exhibit A at the dais for Council's consideration. He said that he received a visit from Mr. Outzen, who was surprised that 595 Munras did not receive a precommitment of water. Mr. Rerig said while that was not the Council's direction, the project has received the discretionary approval and is close. Councilmember Downey said that Council pre-committed the water for the Work project because they came to the meeting and asked Council for that action, and Mr. Outzen did not. Councilmember Selfridge said that she assumed that 595 Munras already had secured their water. Mayor Della Sala opened public comment. Nelson Vega said that he believes the Work project is a good one, but he objects to the process. He said that one property owner received the notice on August 1st. He asked Council to reconsider this action and put the water back into the pot. Carl Outzen asked when the water allocation item was on the Council agenda, and staff said it was on the July 2nd meeting and the item specifically mentioned the projects at 459 Alvarado and 595 Munras. He said that there was never a meeting about exempting anyone from the process. He reviewed some history of developing the criteria for allocating water for economic development. He said he understands the need for the process because it is a privililedge to get the water, and it is important that no one receives any special treatment and all are required to go through the process. He reviewed the process for obtaining approval for water for 595 Munras and the issues that arose. Jerry Anderson, on behalf of Saucito Land Company-owner of 459 Alvarado, asked Council to move forward with this water allocation and said that the project is vital to the Downtown. He said that his company will move forward as quickly as possible. Gene Strangio, New Monterey property owner, said that he had plans approved four years ago and has not moved one place on the water waiting list. He asked to amend the allocation process so it is more equitable, perhaps by weighing the value of both commercial and residential projects With no further requests to speak, Mayor Della Sala returned the discussion to the City Council. Councilmember Sollecito said that there is an economic depression at this time, and it is an 6  City Council Minutes Tuesday, August 6, 2013 economic emergency to revitalize Downtown. He said that completion of this project is too important to delay. On a motion by Councilmember Sollecito, seconded by Councilmember Downey, and carried by the following vote, the City Council adopted Resolution No. 13-130 C.S., allocating 1.6 Acre- Feet of Water to 459 Alvarado Street with Terms and Conditions of Approval: On question, Mr. Rerig said it would cause at least a thirty day delay to redo this process. Councilmember Haffa said that he opposed the original motion, but at this point, he does not believe it would benefit the City or change anything to go back and redo the action. Mayor Della Sala agreed, noting that he is inclined to proceed and that the developers of 459 Alvarado are willing to sign an indemnification. 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 Other 17. Approve Recommendations for Appointments to the Architectural Review Committee and Colton Hall Museum and Cultural Arts Commission (Information Resources - 701-06) Action: Approved ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Della Sala opened and closed public comment with no requests to speak. The Mayor said that Items 18, 19, 21, and 23 will be taken up after public comments in the evening, and the closed session would be taken up in the evening. Council recessed at 5:43 p.m., then reconvened at 7:00 p.m. Mayor Della Sala called the meeting back to order at 7:05 p.m., noting that the Council would be considering the Closed Session Items and Open Session Items 18, 19, and 21 after public comments this evening. PUBLIC HEARING 7  City Council Minutes Tuesday, August 6, 2013 18. Amend the General Plan Land Use, Urban Design, and Circulation Elements to Replace Area Plans with Specific Plans in the Downtown, Lighthouse/Foam, and North Fremont Mixed Use Neighborhoods, Update Flood Information, and Incorporate the Use of Multi-Modal Level of Service as Defined and Implemented by the City's Multi-Modal Mobility Plan (Plans & Public Works - 201-13) Action: Adopted Resolution No. 13-131 C.S. Principal Planner Cole presented the staff report and answered Councilmembers' questions. Mayor Della Sala opened the public hearing, and having no requests to speak, returned the discussion to the dais. Councilmember Selfridge said that she had difficulty understanding why this action is important to do now. Ms. Cole explained that the City is required to keep our plan documents updated. On a motion by Councilmember Haffa, seconded by Councilmember Downey, and carried by the following vote, the City Council adopted Resolution No. 13-131 C.S., amending the General Plan Land Use, Urban Design, and Circulation Elements to Replace Area Plans with Specific Plans in the Downtown, Lighthouse/Foam, and North Fremont Mixed Use Neighborhoods, Update Flood Information, and Incorporate the Use of Multi-Modal Level of Service as Defined and Implemented by the City's Multi-Modal Mobility Plan: 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 19. Appoint Agency Labor Negotiator for Discussions Involving Unrepresented Executive Management Employee – City Attorney (Human Resources - 507-08) Action: Tabled Councilmember Haffa moved and Councilmember Downey seconded to table, and to table Item cs2 On a motion by Councilmember Haffa, seconded by Councilmember Downey, and carried by the following vote, the City Council tabled the item and tabled Item cs2: AYES: 5 COUNCILMEMBERS: Downey, Haffa, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None 8  City Council Minutes Tuesday, August 6, 2013 RECUSED: 0 COUNCILMEMBERS: None 20. Amend Hourly Wages for Part-Time Positions (Human Resources - 507-08) Action: Tabled 21. Amend Memoranda of Understanding with Monterey Fire Fighters’ Association (MFFA), Fire Management Association (FMA), and Police Lieutenants’ Management Association (PLMA) (Human Resources - 507-01) Action: Adopted Resolution No. 13-132 C.S., Resolution No. 13-133 C.S., and Resolution No. 13-134 C.S. Employee Relations Manager Jones presented the staff report regarding FMMA and FMA, and Human Resources Analyst Russo presented the staff report on PLMA. Councilmember Downey noted that the recommended actions are based on tentative agreements that have been made based on Council's previous negotiating instructions. Mayor Della Sala opened the item for public comments and no one came forward. On a motion by Councilmember <MOVER>, seconded by Councilmember <SECONDER>, and carried by the following vote, the City Council ______ed the Amend Memoranda of Understanding with Monterey Fire Fighters’ Association (MFFA), Fire Management Association (FMA), and Police Lieutenants’ Management Association (PLMA): Councilmember Haffa noted that he is appreciative of staff's agreement to these items. 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 22. Implement Changes to Salaries and Benefits for Executive Management Employees, The Assistant Police Chief, and The Assistant Fire Chief (Human Resources - 507-08) Action: Tabled ***Adjourn to Closed Session*** ANNOUNCEMENTS FROM CLOSED SESSION WATER UPDATE Executive Director Cullem presented an update and reviewed the major points of the settlement agreements. He noted that stormwater will necessarily be a part of the solution. Mr. Cullem and 9  City Council Minutes Tuesday, August 6, 2013 Chief of Planning Rerig answered Councilmemebers' questions regarding stormwater runoff and public financing with State Revolving Funds. On question, Mr. Cullem read a list of intervenors in settlement agreements. Mayor Della Sala noted that these are diverse groups and the significance of that. He opened public comments on the item. Luis Osorio expressed his enthusiasm regarding the accomplishments of the Water Authority, and he complimented Mayor Della Sala and the other Mayors for their work. Nelson Vega said that CalAm was instrumental in the negotiations, and have not been given credit. He asked how much this will cost the average customer, and if the Water Management District is really needed any longer. Having no further requests to speak, Mayor Della Sala closed public comments on the item. CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened public comments on items not on the agenda. Carl Outzen voiced concerns regarding 0.4 acre feet of water that was previously committed to the project at 595 Munras, but the allocation expired through no fault of his. He asked if he needs to go through the RFP process. City Attorney Davi said that the water has gone back to the pool that is available through an RFP process, and Mr. Outzen would need to go through that process. Nelson Vega noted that Councilmember Sollecito said that the Country has gone through a depression, and he implored Council to say no to spending money unnecessarily because pension costs are going up. Having no further requests to speak, Mayor Della Sala closed public comment. [Items 18, 19, 21 here] PUBLIC APPEARANCE 23. Authorize Closed Session Conference Pursuant to Government Code Section 54956.8 with City Real Estate Negotiators Michael McCarthy, Hans Uslar, and Chip Rerig, to Provide Negotiating Direction and Respond to a Proposal by Property Owner Warren Dewey to Sell the Golden State Theatre ( 413 - 421 Alvarado Street & 420 Tyler Street) to the City of Monterey (City Manager - 206-03) Action: Authorized Assistant City Manager McCarthy presented the staff report and answered Councilmembers' questions. City Manager Meurer noted that acquisition and the needed funding would require strong leadership of the City Council. Councilmembers discussed partnering with non-profits. Mayor Della Sala opened public comment on the item. Nelson Vega said that the City must be a buyer of last resort. He said that the City has obligations for infrastructure and should not be 10 City Council Minutes Tuesday, August 6, 2013 going down this path. He urged Council to let the market place work and to stay out of it. Luis Osorio said that a theater like this is part of the historic fabric of the Downtown. He said that he hears about a lack of art in the Downtown and the lack of a creative performance venue as well. He referenced the City of Claremont and the job they have done renovating their downtown. He said that there are many issues that need to be discussed in more depth and potential partnerships explored, such as CSUMB. Having no further requests to speak, Mayor Della Sala closed public comment. On a motion by Councilmember <MOVER>, seconded by Councilmember <SECONDER>, and carried by the following vote, the City Council ______ed the Authorize Closed Session Conference Pursuant to Government Code Section 54956.8 with City Real Estate Negotiators Michael McCarthy, Hans Uslar, and Chip Rerig, to Provide Negotiating Direction and Respond to a Proposal by Property Owner Warren Dewey to Sell the Golden State Theatre ( 413 - 421 Alvarado Street & 420 Tyler Street) to the City of Monterey: Councilmember Haffa said that he struggles with this issue because the City has many obligations, but the economic impact of the theater has great potential for the Downtown. He said he won't support it in the end if the numbers don't add up, but it is worth exploration. Councilmember Selfridge said that she agrees with many of Mr. Vega's points, but Council has to do something about the Downtown. 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 CITY MANAGER REPORTS City Manager Meurer reported on the past two day session with the military regarding the "Monterey Model," saying that it is a great opportunity for staff and the City to showcase the work that we do here. Mayor Della Sala and Councilmember Downey applauded staff for the team effort. Council adjourned to closed session at 8:31 p.m. ***Adjourn to Closed Session*** ANNOUNCEMENTS FROM CLOSED SESSION 11 City Council Minutes Tuesday, August 6, 2013 cs1-discussed; cs2-tabled; cs3-authorized staff to explore... ADJOURNMENT Having no further business to come before the City Council, Mayor Della Sala adjourned the meeting at 9:57 p.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director Information Resources/City Clerk Mayor 12