Council Regular Meeting
Regular MeetingMonterey, CA · October 15, 2013
Minutes
MINUTES
CITY COUNCIL REGULAR MEETING
CITY OF MONTEREY
Tuesday, October 15, 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 Compliance,
Police Chief, Principal Planner, Housing & Property Manager, Building
Official, Harbormaster, Communications and Outreach Manager, Employee
Relations Manager
CALL TO ORDER
Mayor Della Sala called the meeting to order at 4:02 p.m.
COUNCIL COMMENTS
Councilmember Haffa reported that the homeless summit that he and Councilmember
Selfridge had planned has been postponed. He said that he has heard concerns regarding
about some of the travelers’ behavior and has asked some of the members of that community
to do some outreach. He reported that the Casa Nova Oak Knoll neighborhoods' concerns
have been heard and are being addressed. He said that the Monterey County ACLU held a
meeting in April regarding domestic use of drones. He noted that there are tremendous
opportunities and challenges with the use of drones. He distributed DVDs of the ACLU meeting
and said he is hopeful to hear an item regarding policy direction sometime in the Spring.
Councilmember Downey apologized to the Police Chief for her earlier comments regarding
recent problems with transients, saying that it takes a whole community effort to address this
issue. She stressed the importance of calling the Police and signing a citation or complaint.
She said that education is important, and people should help by donating to charities rather
than giving money to panhandlers. Ms. Downey said that she hopes a non-smoking ordinance
for the Downtown could be brought back soon. Councilmember Downey voiced concerns
regarding the Cooper Molera development proposal and noted that the Council has not taken a
position on that matter. She reported on the recent Grand Opening of the Marketplace. She
clarified her remarks from the last meeting regarding a motion that she was able to get passed
that moved the responsibility for storm water recycling away from the political arena to a
Technical Advisory Committee. She said she is unsure if the National Trust will come to
address the Cooper Molera development proposal.
Councilmember Selfridge congratulated the Police Department on their recent successful
fundraiser. She gave kudos to the Fire Department for their Open House. Ms. Selfridge
reported on the Monterey Opera that was held at the Golden State Theater that brought 750
people to the Downtown for the event. She said that the Friends of the Fort Ord War Horses
are having a special event to honor Sergeant Allen McDonald on his 90th birthday. She
reminded people that there would be a “For the Love of Monterey” workshop on Friday
afternoon, and Monterey partnered with the cities of Gonzales and Salinas to put this on.
City Council Minutes Tuesday, October 15, 2013
Councilmember Sollecito gave an update on the Monterey County Visitors and Convention
Bureau, saying that he is recommending that they work more closely with the Monterey
Regional Airport to market to groups.
Mayor Della Sala thanked the Monterey staff team for securing a $385,000 grant for the traffic
control system to move traffic along Lighthouse Avenue more efficiently. He noted that the NIP
is putting forward $100,000 for that project.
City Manager Meurer noted that drones and fixed cameras are ways to assist in public safety,
but it is a question of balance between public safety and privacy. He reported that a West
Coast group is looking at this issue, and it is important to Monterey because the NPS does a
lot of work with drones. He clarified that the Council has not taken an action on Cooper Molera,
and the City is very concerned about that proposal, as well as the closure of other state-owned
historic resources due to lack of funds. He said that the National Trust is still working on its due
diligence on the Cooper Molera proposal and will be coming to Monterey to make a
presentation. He said that the next agenda will have a couple of items regarding some of the
recent homeless issues.
PRESENTATIONS
1. Recognize the City of Monterey Ambassador Program Class of 2013 (City Manager - 101-01)
Action: Recognized class members
Communications and Outreach Manager McGrath and Employee Relations Manager Jones
introduced the Ambassadors and gave a brief summary of the program. The Mayor and
Councilmembers thanked the participants.
CONSENT ITEMS
City Manager Meurer said asked Council to continue Item 4 and remove Items 6 and 9 for
discussion.
On a motion by Councilmember Selfridge, seconded by Councilmember Sollecito, and carried
by the following vote, the City Council approved the Consent Agenda, except Items 4, 6 and 9:
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. September 25, 2013 (Information Resources - 701-09)
Action: Approved
3. October 1, 2013 (Information Resources - 701-09)
Action: Approved
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City Council Minutes Tuesday, October 15, 2013
Ordinances
4. 1st Reading – Amend Chapter 25 of the City Code, Personnel Rules and Regulations, Article
12, Section 25-12.02(d) Family Sick Leave, and Section 25-12.11 Catastrophic Leave (Human
Resources - 504-11)
Action: Continued to November 5, 2013
On a motion by Councilmember Sollecito, seconded by Councilmember Selfridge, and carried
by the following vote, the City Council continued the 1st Reading of an ordinance to amend
Chapter 25 of the City Code, Personnel Rules and Regulations, Article 12, Section 25-12.02(d)
Family Sick Leave, and Section 25-12.11 Catastrophic Leave to November 5, 2011:
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
Resolutions
5. Approve Waiver of City Fee for Monterey Conference Center Use for Monterey County Pops!
Holiday Concert for Kids on December 31, 2013 (Public Facilities - 902-02)
Action: Adopted Resolution No. 13-159 C.S.
6. Authorize Agreement With The Monterey County Convention & Visitors Bureau (MCCVB) For
Destination Marketing Services & Operation Of The Visitor Center (Public Facilities - 307-03)
Action: Removed from Consent; discussed; adopted Resolution No. 13-160 C.S.
Conference Center Executive Director Cowdrey presented a staff report and answered
Councilmembers' questions regarding the MCCVB strategic plan document. Councilmember Haffa
asked how the organization could do a better job of advertising historical assets. On question from
Councilmember Selfridge, Janine Chicourrat, Portola Plaza General Manager, gave a summary of
how the MCCVB organization sets goals and measures their success. She said that there is
$250,000 allocated toward marketing in the event that the Conference Center renovation goes
forward. Mr. Cowdrey explained how the City's team works with the MCCVB team.
Mayor Della Sala opened the floor for public comment on the item, had no requests to speak,
and returned the discussion to the dais.
On a motion by Councilmember Haffa, seconded by Councilmember Sollecito, and carried by
the following vote, the City Council adopted Resolution No. 13-160 C.S. authorizing an
agreement with the Monterey County Convention & Visitors Bureau (MCCVB) for destination
marketing services & operation of the Visitor Center:
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. Authorize Consent to Sublease Agreement for Rental Space at 32 Cannery Row Between
Monterey Bay Boatworks Company, as Landlord and Valentina Rapisarda, DBA Bayview Deli
as Tenant (Plans & Public Works - 206-03)
Action: Adopted Resolution No. 13-161 C.S.
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City Council Minutes Tuesday, October 15, 2013
8. Authorize Waiver of Fees for the Monterey History and Art Association and Los Amigos
Museum of Monterey to use the Waterfront Community Room on January 24, 2014 (City
Manager - 301-02)
Action: Adopted Resolution No. 13-162 C.S.
Other
9. Authorizing Closed Session Conference Pursuant to Government Code Section 54956.8 with
City Real Estate Negotiators Hans Uslar, Chip Rerig, Rick Marvin and Rob Cord to Provide
Negotiating Direction to Respond to Request 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
Property and Housing Manager Marvin presented the staff report. Councilmember Selfridge
asked how the City could move this lease ahead of the other leases that are on a month-to-
month basis or those that are coming due in the near future. Mr. Marvin said that this item
responds to a request for an extension, and the staff is returning with information that Council
directed them to bring back. He explained that staff is in the process of data gathering and
analysis with regard to the leases that are on a month-to-month basis. He said that the hope is
to bring back that information early next year. On question from Councilmember Downey, he
said that three leases on Wharf I will expire in October of 2014. City Manager Meurer explained
that this is an opportunity to bring forward a negotiations strategy.
Mayor Della Sala opened public comments on the item. Luis Osorio said that there is a sense in
the community that the leases that were signed in the 90s are not fair. He said that the Council
should make clear that there should be a balance between the value and the cost of the lease.
Nelson Vega said that the leases should be prioritized according to the value to the City. He
said that sometimes it is better to stay with an entity that has been successful. Mayor Della
closed public comment because there were no further requests to speak.
On a motion by Councilmember Selfridge, seconded by Councilmember Haffa, and carried by
the following vote, the City Council authorized a Closed Session conference pursuant to
Government Code Section 54956.8 with City real estate negotiators Hans Uslar, Chip Rerig,
Rick Marvin and Rob Cord to provide negotiating direction to respond to a request by Surfside
Enterprises, Inc. to extend the lease for the Marina Facilities Building at 256 Figueroa Street:
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***
PUBLIC COMMENTS
Mayor Della Sala opened Public Comments on items not on the agenda. Michael Wallis,
Monterey resident, spoke on behalf of the Monterey County Pops regarding the marketing
process. He said that it is important to engage the audience and retain them. He spoke about
the recent opera at the Golden State Theater and a possible upcoming concert for kids.
Nina Beety voiced concerns that Congressman Farr's representative previously worked for
PG&E, saying that is unacceptable. She said that there is a looming health crisis from wireless
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City Council Minutes Tuesday, October 15, 2013
technology. She asked if there is a nuclear reactor on the Naval Postgraduate School. Having
no further requests to speak, Mayor Della Sala closed public comments.
PUBLIC HEARING
10. 1st Reading – Repealing and Replacing Monterey City Code Chapters 9 and 13 to Adopt the
2013 Edition of the California Building Standards Code With Local Amendments and to adopt
the 2012 International Property Maintenance Code; 1st Reading to Repeal Monterey City Code
section 38-112.3 (Green Building Ordinance) (Plans & Public Works - 202-08)
Action: Held Public Hearing; passed Ordinance to print
Chief Building Official Kuehl presented the staff report.
Mayor Della Sala opened the Public Hearing. Nelson Vega voiced concerns that there are costs
that impact what property owners have to do to maintain their buildings, which will also impact
renters and contractors. Nina Beety voiced concerns that the information in the Ordinance is
not in the staff report. She said that the Ordinance should have a full CEQA EIR. She said her
biggest objection is the requirement regarding removing vegetation. She asked Council to table
the matter. Having no further requests to speak, Mayor Della Sala closed the hearing.
On question, Mr. Kuehl said that even if the Council does not adopt the code, it would
mandatorily go into effect because of state law. He said that the vegetation requirements are
meant to address weed abatement and reduce the fire hazard. Mayor Della Sala noted that the
City amendments are contained on pages 54-58.
On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried
by the following vote, the City Council passed an Ordinance repealing and replacing Monterey
City Code Chapters 9 and 13 and adopting the 2013 edition of the California Building Standards
Code with local amendments and the 2012 International Property Maintenance Code, repealing
Monterey City Code section 38-112.3 (Green Building 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
PUBLIC APPEARANCE
11. Receive Report On Fishing Community Sustainability Plan (Public Facilities - 101-03)
Action: Received and discussed report
Harbormaster Scheiblauer introduced the item. Henry Pontarelli, Lisa Wise Consulting, Inc.,
presented the details of the Fishing Community Sustainability Plan and answered
Councilmembers' questions.
Mayor Della Sala opened the floor for public comments on the item, limiting the comments to
two minutes with the consensus of the Council. Mary Alice Cerrito Fettis said that fishing is very
important to the economy and to Monterey. Tom Rowley, Monterey resident, said that the
Harbormaster is a good spokesperson. He congratulated the Council on having 249 fishing
boats and suggested that the facilities at the Wharf should be expanded. He said it is important
to maintain support for the industry.
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City Council Minutes Tuesday, October 15, 2013
Melissa Stevens, Nature Conservancy said that she submitted a letter to the Council and that
her organization supports the Community Sustainability Plan. Barbara Meister, on behalf of the
Monterey Bay Aquarium, spoke in support of the plan, saying that they stand ready to
collaborate with Monterey and the fishermen. Jerry Mozizka thanked the Council and staff and
said that the issues are very complex and the industry has been in depression over the past 20
years mostly due to regulations.
Mr. Pennisi thanked the consultant and Harbor staff for the report and said that things are
getting better, but the industry is still suffering due to regulations. Cathy Fosmark, Alliance
Communities for Sustainable Fisheries, thanked the Council for developing the plan and spoke
about the importance of increasing the diversity of fisheries. Having no further requests to
speak, Mayor Della Sala closed public comments.
On question, Harbormaster Scheiblauer said that a further report would be brought back at a
Special Meeting on October 23rd. City Manager Meurer said that staff will be seeking Council's
strategic guidance on this issue.
Mayor Della Sala opened public comment on tonight's closed session. Frank Donagelo thanked
the Council for moving forward with the closed session authorization this afternoon and urged
the Council to give serious consideration to their proposal, especially with regard to tenants'
ability to invest in capital improvements. He asked Council to consider the role his company has
played in the community. With no further requests to speak, Mayor Della Sala closed public
comments on the closed session item.
Mayor Della Sala said that the Council would be taking up Agenda Items 12 and 13 after the
Water Update and general public comments this evening. He called a recess at 6:03 p.m.
Council reconvened at 7:01 p.m., and all Members were present.
12. Executive Compensation Survey - Koff & Associates' Presentation of Results and Methodology
(Human Resources - 507-08)
Action: Received and discussed report
Employee Relations Manager Jones introduced Katie Kaneko, Koff Associates, who presented
the report and answered Councilmembers' questions. She reviewed the criteria used to
determine which cities would be comparable to the City of Monterey. She listed the twelve cities
that were chosen and detailed what benefits were included in the total compensation.
Councilmember Haffa said that he would like to see the original report to Council that detailed
each comparative City's attributes and the analysis of how they were chosen. On question from
Councilmember Sollecito, City Manager Meurer explained some of the combined positions.
Mayor Della Sala opened public comment on the item. Nelson Vega said that it would be
interesting to know if the consultant had ridden in a police cruiser in Monterey compared to in
Salinas or if she took into consideration the populace of the communities. He said that people
who are doing two jobs are no longer doing the job, but someone under them is. Mayor Della
Sala closed public comment with no further requests to speak.
Mayor Della Sala noted that there used to be fourteen Executive positions, and now there are
eight. He said that the people leading the departments regularly work 60 to 80 hours or more
per week.
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City Council Minutes Tuesday, October 15, 2013
City Manager Meurer explained that it is imperative in both the public and private sector to be
competitive in compensation, as the Council found out during their attempted recruitment of a
new City Manager and as he has found in his recruitment effort for a Finance Director. Deputy
City Manager Uslar explained that Mr. Vega's math is incorrect regarding the average salary of
City employees.
13. Receive Report on Status of Hiring an Interim City Manager (Human Resources - 502-11)
Action: Received and discussed report
Benefits Manager Maloney presented the report and detailed the proposed schedule for
recruiting the City Manager. She suggested that Council could first review the list of applicants
at the end of November and hold interviews during the second week of December. She noted
that Council might want to consider whether to hire an outside Interim City Manager or identify
someone in house, depending on the length of the interim appointment. Ms. Maloney discussed
the difference between hiring a contractor and hiring a temporary employee.
Councilmember Sollecito gave a Subcommittee report, saying that he and Councilmember
Haffa discussed hiring an interim and bringing him or her in while the current City Manager is
still here. Mr. Sollecito said that it would be best to have someone on hand in case it is needed.
Councilmembers agreed that it would be best to interview the candidates who are interested in
the interim position. On question, Ms. Maloney said that the interviews could be scheduled
within the next two weeks.
Mayor Della Sala opened public comment on the item, had no requests to speak, and closed
public comment.
ANNOUNCEMENTS FROM CLOSED SESSION
WATER UPDATE
Executive Director Cullem presented the report and reviewed the Water Authority’s approved
work plan for the balance of 2013 and for 2014. He reported that an information hearing on the
Settlement Agreements is scheduled at the CPUC on December 2nd and 3rd. He answered
Councilmembers' questions.
Councilmember Sollecito expressed his frustrations that Peninsula citizens are being punished
unfairly. He said it is time for the State of California to step forward and grant an extension.
Mayor Della Sala agreed that the community conserves more water than any other community
in California, and the Cease and Desist Order would devastate the economy if it is
implemented. He said that the Water Authority is hopeful that a project will be on line prior to
the deadline.
City Manager Meurer said that there are a number of people in the area who will present
environmental challenges at every step, so people must be diligent in moving this project
forward.
Mayor Della Sala opened public comment on the item. Nelson Vega said that it would be ill
advised to try to buy out CalAm at this time. He said that the group that supports buying CalAm
is the same group that does not want growth and does not want to see progress on the water
supply project. Lew Sinetta said that conservation is the cheapest and most effective way to
address shortages. He said that Monterey Downs should not be considered with the present
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City Council Minutes Tuesday, October 15, 2013
water circumstances. Having no further requests to speak, Mayor Della Sala closed public
comments on the item.
CONTINUED PUBLIC COMMENTS
Mayor Della Sala reopened the floor for public comments on items not on the agenda. Tony
Rappa, operator of Rappa's Restaurant, said that Mr. Gilbert has made an offer to purchase
Rappa's and he asked that his lease assignment application be added to the November 5th
agenda. Having no further requests to speak, Mayor Della Sala closed public comment.
PUBLIC APPEARANCE
14. Receive Report On Monterey Conference Center Financial Information (Public Facilities - 902-
01)
Action: Received and discussed report
City Manager Meurer introduced the item and General Manager Cowdrey presented details.
Rob O'Keef, Vice President of Marketing for MCCVB, presented details from an Economic
Impact Study, saying that this is a matter of enhancing the community’s livelihood.
Mayor Della Sala opened public comment on the item. Rick Heuer, business owner, said that
those who do not reinvest in their facilities are hurting. He supported reinvesting in the
Conference Center. Jim Anderson, President and CEO of the Society of Executive
Associations, spoke in support of an upgrade of the Conference Center, noting that there is a
great deal of competition.
Michele Pierce, Old Monterey Business Association, supported remodeling the Conference
Center because of the economic impact. Nancy Morrell Swanson, hospitality business owner,
said that meeting planners tell her that they need flexible and adaptable meeting environments,
and the Conference Center needs to be upgraded. Henry Ruhnke, Wald Ruhnke and Dost
Architects, said that there is frustration among the business community that the venue has not
been adequately supported. There were no further requests to speak, and Mayor Della Sala
called a recess at 9:23 p.m., noting that he would be recusing himself from the next item on the
agenda due to a potential conflict of interest. He left the Chamber.
Vice Mayor Selfridge reconvened the meeting at 9:34 p.m.
15. Adopt a Resolution of Intention to Form Conference Center Facilities District No. 2013-1 and
Levy a Special Tax on Taxable Property Within the District, and Adopt a Resolution Declaring
the Need to Incur Bonded Indebtedness in a Maximum Aggregate Amount Not To Exceed
$50,000,000 to Finance Specified Construction, Reconstruction, Replacement, Rehabilitation
and Upgrades of the Monterey Conference Center (Finance - 407-08)
Action: Adopted Resolution No. 13-163 C.S. and Resolution No. 13-164 C.S. (4-0-1; Della
Sala not participating)
Assistant Finance Director Porter presented the staff report. On question, Don Knox, bond
counsel, explained how delinquencies would be handled and that they would not shift
obligations to another property owner or to the City. General Manager Cowdrey reviewed staff's
recent activity, including the outreach that has been done.
Ms. Porter recommended that Council adopt a Resolution of Intent and a Resolution Declaring
the need to insure bonded Indebtedness. On question, Habib Isaac explained the analysis that
was conducted to determine the rate to be paid on the bond. City Manager Meurer said that it
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City Council Minutes Tuesday, October 15, 2013
will be necessary to build in a number to fund recapitalization of the facility.
Vice Mayor Selfridge opened public comment on the item. Clement Chen III, Intercontinental
Hotel, said that the Conference Center needs to be updated, but he does not support forming
this facilities district nor having the hotels support the entire cost. Bruce Zanetta, Monterey
resident, said that the Conference Center needs help, but purchasing the State Theater and
using a campus approach would save money and preserve a small town feel.
Michele Knight, Cannery Row Business Association, spoke in support of the Facilities District
and said that in an ideal world the City would pay for it, but given the current economics this is a
win-win situation. Rene Boskoff, General Manager of Monterey Marriott Hotel, spoke in support
of forming the Facilities District, saying that the industry and the City would benefit. Tony
Tolner, owner of Montrio, spoke in support of forming the Facilities District.
Nelson Vega spoke in support of forming the Facilities District and said that the hoteliers should
pay for it. He stressed the importance of maintaining capital reserves. Sam Tiel, Monterey
County Hospitality Association, read a letter into the record supporting the formation of the
Facilities District. He asked those in the room who support the proposal to stand, and most
people in the crowded Chamber stood. Randy Bernard, speaking as the voice of small hotel
owners, supported forming the Facilities District.
Jodi Hansen, Monterey Peninsula Chamber of Commerce, said that her organization strongly
supports the adoption of the resolutions to form the Facilities District. Lori Mannel, Pacific
Grove Representative to MCCVB and Director of the PG Museum of Natural History, supported
formation of the district. Barbara Meister, Monterey Bay Aquarium, spoke in support of forming
the district.
John Narigi, General Manager of the Monterey Plaza Hotel and Spa, spoke in support of the
formation of the district. He noted that there would have to be $10-$15 million of upgrades that
would need to be done if this does not go forward. Joy Anderson, Mariposa Inn and Suites on
Munras, spoke in support of forming the district, saying that the small hotels reap the benefits
when there are conferences. With no further requests to speak, Vice Mayor Selfridge closed
public comments on the item.
Councilmember Downey said that she is sorry that Mr. Chen feels as he does, but she noted
that Monterey has the lowest TOT rate in the area.
It was moved by Councilmember Downey, and seconded by Councilmember Haffa, to adopt
Resolution No. 13-163 C.S., a Resolution of Intention to form Conference Center Facilities
District No. 2013-1 and levy a special tax on taxable property within the district, and adopt
Resolution No. 13-164 C.S., a Resolution declaring the need to incur bonded indebtedness in a
maximum aggregate amount not To exceed $50,000,000 to finance specified construction,
reconstruction, replacement, rehabilitation and upgrades of the Monterey Conference Center:
Councilmember Sollecito said that there is no plan to raise TOT if this item passes because this
is being done to increase the market share and increasing TOT would work in opposition to
that.
Councilmember Selfridge said that she too had difficulty giving up the Steinbeck Forum, but she
has gotten over it. She said that she feels bad about Mr. Clement's feelings on the matter.
The motion carried by the following vote:
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City Council Minutes Tuesday, October 15, 2013
AYES: 4 COUNCILMEMBERS: Downey, Haffa, Selfridge, Sollecito
NOES: 0 COUNCILMEMBERS: None
ABSENT: 0 COUNCILMEMBERS: None
ABSTAIN: 0 COUNCILMEMBERS: None
RECUSED: 1 COUNCILMEMBERS: Della Sala
Mayor Della Sala returned to the dais and picked up the gavel.
16. Authorize an Agreement to Provide Fire and Emergency Services Between the City of Monterey
and Monterey Peninsula Airport District and Related Labor Agreement (Fire - 601-05)
Action: Adopted Resolution No. 13-165 C.S.
Fire Chief Panholzer presented the staff report and answered Councilmembers' questions.
Mayor Della Sala opened public comments on the item. Carl Miller, Monterey Peninsula Airport
District Board Member and Monterey resident, spoke in support of the proposal and said that all
of their firefighters support it. Nelson Vega asked if the new employees will be permanent and if
they will be new members under PERS. Having no further requests to speak, Mayor Della Sala
closed public comment.
Chief Panholzer said that all of the employees would be coming on as "classic employees"
under PERS.
On a motion by Councilmember Haffa, seconded by Councilmember Downey, and carried by
the following vote, the City Council adopted Resolution No. 13-165 C.S., authorizing an
agreement to provide fire and emergency services between the City of Monterey and Monterey
Peninsula Airport District and related labor agreement:
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
17. Receive Report From the Golden State Theatre Subcommittee; Authorize Subcommittee to
Continue its Mission; Receive Report from Building Official Regarding ADA and Other Building
Code Related Matters; Discussion of Fundraising and Direction on Whether to Pursue
Partnering with an Existing Non-Profit for a Fundraising Effort; and Consider Appropriating
$20,000 to Hire an Independent Building Inspector to Inspect Theatre (City Manager - 101-01)
Action: Received and discussed report; authorized Subcommittee to continue its
mission
Vice Mayor Selfridge read a quote from the Retail Market Assessment and Repositioning
Strategy of 2010 that said the right use of the Theatre will be critical in driving the success of
the Downtown. She gave a brief report on the activities of the Subcommittee and the feedback
and support they are receiving. Councilmember Downey followed up with a report on some of
the Building Official's comments regarding the condition of the building. She said that there are
many supporters of the City purchasing the facility and others who disagree.
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City Council Minutes Tuesday, October 15, 2013
On question, Chief of Planning Rerig said that the building could not be "spot zoned."
Ms. Selfridge said that the Golden State Preservation Group had an appraisal done, and the
Subcommittee is trying to get a copy of it. Councilmember Sollecito said that he hopes that the
Subcommittee will do outreach to the private sector to facilitate a private purchase.
Mayor Della Sala opened public comment on the item. Nelson Vega said that MCPOA
supported looking into it and that the business would have to stand on its own merits and
support itself. He suggested creating a pro forma before spending money for appraisals. Having
no further requests to speak, Mayor Della Sala closed public comment.
On a motion by Councilmember Sollecito, seconded by Councilmember Haffa, and carried by
the following vote, the City Council directed that the Golden State Subcommittee to continue its
Mission:
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 said that he sent the Council a memorandum regarding the three strategic
items he will be addressing during his remaining time here: the Conference Center, dealing with
coming revenue shortfalls, and contemplation of upcoming BRAC rounds. He said that the
National Trust is continuing their dialogue with stakeholders. He reported that the film festival is
coming up in November. He said that a sweep of the forested areas will be scheduled soon.
Mayor Della Sala asked if anyone wanted to comment on the closed session item. Having no
requests to speak, Council adjourned to closed session at 11:20 p.m.
ANNOUNCEMENTS FROM CLOSED SESSION
Information Resources Director/City Clerk Gawf announced that in a conference with real
property negotiators regarding price and terms of payment for a lease extension request for
property at 256 Figueroa Street the City Council received and discussed a report. No action was
taken.
ADJOURNMENT
Having no further business to come before the Council, Mayor Della Sala adjourned the meeting
at 12:01 a.m.
Respectfully Submitted, Approved,
Bonnie Gawf Chuck Della Sala
Director Information Resources/City Clerk Mayor
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Agenda
City Council
City Council Agenda Chuck Della Sala, Mayor
Regular Meeting Libby Downey, Councilmember
Alan Haffa, Councilmember
Monterey City Council Nancy Selfridge, Councilmember
Tuesday, October 15, 2013 Frank Sollecito, Councilmember
4:00 - 5:30 p.m. City Manager
Council Chamber 7:00 - 11:00 p.m. Fred Meurer
Few Memorial Hall of Records
Monterey, California
***Afternoon Session Agenda***
4:00 - 5:30 p.m.
CALL TO ORDER
COUNCIL COMMENTS
Councilmembers may ask a question for clarification, make a brief announcement or make a brief
report on his or her activities. In addition, Council may provide a referral to staff or other resources
for factual information, request staff to report back to the body at a subsequent meeting
concerning any City matter, or direct staff to place a request to agendize a matter of business on a
future agenda (G.C. 54954.2).
PRESENTATIONS
1. Recognize the City of Monterey Ambassador Program Class of 2013 (City Manager - 101-
01)
CONSENT ITEMS
CONSENT AGENDA consists of those items which are routine and for which a staff
recommendation has been prepared. A member of the public or a Councilmember may request
that an item be placed on the regular agenda for further discussion.
Approval of Minutes
2. September 25, 2013 (Information Resources - 701-09)
3. October 1, 2013 (Information Resources - 701-09)
Ordinances
ORDINANCES are "legislative acts" by the Council; are the most permanent and binding type of
Council action, and may be replaced only by a subsequent ordinance. An ordinance requires two
readings at separate Council meetings, is "passed to print" for legal advertisement when
introduced, and is "passed and adopted" when given final approval.
4. 1st Reading – Amend Chapter 25 of the City Code, Personnel Rules and Regulations,
Article 12, Section 25-12.02(d) Family Sick Leave, and Section 25-12.11 Catastrophic
Leave (Human Resources - 504-11)
Tuesday, October 15, 2013
Resolutions
RESOLUTIONS are passed to express the policy of the Council on certain items or programs, or
are passed to direct certain types of administrative action. A resolution may be changed by
adoption of a subsequent resolution. Resolutions only require one reading and are approved
when "passed and adopted."
5. Approve Waiver of City Fee for Monterey Conference Center Use for Monterey County
Pops! Holiday Concert for Kids on December 31, 2013 (Public Facilities - 902-02)
6. Authorize Agreement With The Monterey County Convention & Visitors Bureau (MCCVB)
For Destination Marketing Services & Operation Of The Visitor Center (Public Facilities -
307-03)
7. Authorize Consent to Sublease Agreement for Rental Space at 32 Cannery Row Between
Monterey Bay Boatworks Company, as Landlord and Valentina Rapisarda, DBA Bayview
Deli as Tenant (Plans & Public Works - 206-03)
8. Authorize Waiver of Fees for the Monterey History and Art Association and Los Amigos
Museum of Monterey to use the Waterfront Community Room on January 24, 2014 (City
Manager - 301-02)
Other
9. Authorizing Closed Session Conference Pursuant to Government Code Section 54956.8
with City Real Estate Negotiators Hans Uslar, Chip Rerig, Rick Marvin and Rob Cord to
Provide Negotiating Direction to Respond to Request by Surfside Enterprises, Inc. to
Extend Lease for Marina Facilities Building at 256 Figueroa Street (Plans & Public Works -
206-03)
***End of Consent Agenda***
PUBLIC COMMENTS
PUBLIC COMMENTS allows you, the public, to speak for a maximum of three minutes on any
subject which is within the jurisdiction of the Monterey City Council and which is not on the
agenda. Any person or group desiring to bring an item to the attention of the City Council may do
so by addressing the Council during Public Comments or by addressing a letter of explanation to:
City Clerk, City Hall, Monterey, CA 93940. The appropriate staff person will contact the sender
concerning the details. NOTE: Public Comments are taken during the afternoon session and
continued at the evening session. Individuals may choose to speak once for up to three minutes at
either session, but not both.
PUBLIC HEARING
PUBLIC HEARINGS are held to receive public comment on certain items pending Council action.
You are welcome to offer your comments after being recognized by the Mayor. The Council may
limit the time allocated to each speaker.
10. 1st Reading – Repealing and Replacing Monterey City Code Chapters 9 and 13 to Adopt
the 2013 Edition of the California Building Standards Code With Local Amendments and to
adopt the 2012 International Property Maintenance Code; 1st Reading to Repeal Monterey
City Code section 38-112.3 (Green Building Ordinance) (Plans & Public Works - 202-08)
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Tuesday, October 15, 2013
PUBLIC APPEARANCE
PUBLIC APPEARANCE items are reports on non-routine issues that might stimulate public
discussion, but that do not require formal noticing as public hearings. You are welcome to offer
your comments after being recognized by the Mayor. The Council may limit the time each speaker
is allocated.
11. Receive Report On Fishing Community Sustainability Plan (Public Facilities - 101-03)
12. Executive Compensation Survey - Koff & Associates' Presentation of Results and
Methodology (Human Resources - 507-08)
13. Receive Report on Status of Hiring an Interim City Manager (Human Resources - 502-11)
***Adjourn to Closed Session (See additional agenda)***
RECESS 5:30 p.m.
RECONVENE
***Evening Session Agenda***
7:00 - 11:00 p.m.
ANNOUNCEMENTS FROM CLOSED SESSION
WATER UPDATE
CONTINUED PUBLIC COMMENTS
PUBLIC COMMENTS allows you, the public, to speak for a maximum of three minutes on any
subject which is within the jurisdiction of the Monterey City Council and which is not on the
agenda. Any person or group desiring to bring an item to the attention of the City Council may do
so by addressing the Council during Public Comments or by addressing a letter of explanation to:
City Clerk, City Hall, Monterey, CA 93940. The appropriate staff person will contact the sender
concerning the details. NOTE: Public Comments are taken during the afternoon session and
continued at the evening session. Individuals may choose to speak once for up to three minutes at
either session, but not both.
PUBLIC APPEARANCE
PUBLIC APPEARANCE items are reports on non-routine issues that might stimulate public
discussion, but that do not require formal noticing as public hearings. You are welcome to offer
your comments after being recognized by the Mayor. The Council may limit the time each speaker
is allocated.
14. Receive Report On Monterey Conference Center Financial Information (Public Facilities -
902-01)
15. Adopt a Resolution of Intention to Form Conference Center Facilities District No. 2013-1
and Levy a Special Tax on Taxable Property Within the District, and Adopt a Resolution
Declaring the Need to Incur Bonded Indebtedness in a Maximum Aggregate Amount Not
To Exceed $50,000,000 to Finance Specified Construction, Reconstruction, Replacement,
Rehabilitation and Upgrades of the Monterey Conference Center (Finance - 407-08)
16. Authorize an Agreement to Provide Fire and Emergency Services Between the City of
Monterey and Monterey Peninsula Airport District and Related Labor Agreement (Fire -
601-05)
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Tuesday, October 15, 2013
17. Receive Report From the Golden State Theatre Subcommittee; Authorize Subcommittee
to Continue its Mission; Receive Report from Building Official Regarding ADA and Other
Building Code Related Matters; Discussion of Fundraising and Direction on Whether to
Pursue Partnering with an Existing Non-Profit for a Fundraising Effort; and Consider
Appropriating $20,000 to Hire an Independent Building Inspector to Inspect Theatre (City
Manager - 101-01)
CITY MANAGER REPORTS
The City Manager may make a brief report on his activities or a brief announcement. He may also
ask for clarification or direction regarding scheduling of Council meetings and study sessions.
ADJOURNMENT
Members of the public have the right to address the City Council on any item on the Agenda, before or
during its consideration [G.C. §54954.3(a)]. The Mayor will formally open the floor for public comment on
items such as "Public Appearance" and "Public Hearings." If you wish to speak to items in any other
categories, for example "Consent Agenda," please advise the City Clerk or the Mayor prior to the
Council's action on that item, and you will be recognized. Notification as much in advance as possible is
appreciated.
The City Council meeting packet may be reviewed by the public in the Library or the City Clerk's Office.
Any writings or documents pertaining to an open session item provided to a majority of the City Council
less than 72 hours prior to the meeting, shall be made available for public inspection at the front counter
at the City Clerk's Office, Room 6 at City Hall, Madison & Pacific Streets, Monterey, California 93940
during normal business hours
Information distributed to the Council at the Council meeting becomes part of the public record. A copy of
written material, pictures, etc. should be provided for this purpose.
City Council Meetings are cable cast live and videotaped for replay on Monterey's Government Access
Channel 25 by Access Monterey Peninsula (AMP).
CITY OF MONTEREY'S 24-HOUR SUGGESTION HOTLINES:
Voicemail: 646-3799
FAX: 646-3793
Email: suggest@ci.monterey.ca.us
WebPage: http://www.monterey.org
The City of Monterey is committed to include the disabled in all of its services, programs and
activities. For disabled access to the City, dial 711 to use the California Relay Service (CRS) to
speak to City offices. CRS offers free text-to-speech, speech-to-speech, and Spanish-language
services 24 hours a day, 7 days a week. If you require a hearing amplification device to attend
a meeting, dial 711 to use CRS to talk to the City Clerk's Office at (831) 646-3935 to coordinate
use of a device or for information on an agenda.
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Tuesday, October 15, 2013
UPCOMING MEETINGS AT CITY HALL
Oct 16 Architectural Review Committee Meeting, Council Chamber - 4:00 pm
Oct 17 Council Special Meeting, Council Chamber - 7:00 PM
Oct 17 PRC Meeting Cancellation Notice, Council Chamber - 7:00 PM
Oct 21 MP Regional Water Authority TAC Meeting, Council Chamber - 10:00 AM
Oct 21 Neighborhood Improvement Program Committee Meeting, Council Chamber - 7:00 PM
Oct 22 Planning Commission Meeting, Council Chamber - 4:00 pm
Oct 23 Library Board Meeting, Library Community Room - 5:00 PM
Oct 23 Oversight Board Meeting, Council Chamber - 7:00 PM
Oct 23 Council Special Meeting, Council Chamber - 4:00 PM
Oct 24 Zoning Administrator Meeting, Council Chamber - 4:00 pm
Oct 24 MP Regional Water Authority Meeting, Council Chamber - 7:00 PM
Oct 28 Colton Hall Museum Cultural Art Commission Meeting, Council Chamber - 4:00 pm
Oct 30 Council Study Session, Council Chamber - 4:00 PM
Nov 4 MP Regional Water Authority TAC Meeting, Council Chamber - 10:00 AM
Nov 5 Council Regular Meeting, Council Chamber - 4:00 PM
Nov 6 Architectural Review Committee Meeting, Council Chamber - 4:00 pm
Nov 7 MP Regional Water Authority Meeting, Council Chamber - 7:00 PM
Nov 11 City Holiday, City Offices Closed - 8:00 AM
Nov 12 Planning Commission Meeting, Council Chamber - 4:00 pm
Nov 14 Zoning Administrator Meeting, Council Chamber - 4:00 pm
MORE INFORMATION IS AVAILABLE BY CALLING 646-3935
See Council Chamber seating chart online.
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