Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, November 5, 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, Community Services Director, Police Chief, Human Resources Analyst, Principal Planners, Benefits Manager CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. COUNCIL COMMENTS Councilmember Haffa explained his vote regarding allocating funds for additional overtime for Police coverage in the Downtown area. He said that he and the Council remain dedicated to improving the living conditions of homeless individuals in the community. Councilmember Sollecito gave an update regarding the Highway 156 Subcommittee, saying that a supplemental EIR is in process regarding the toll, however political aspects are difficult. Councilmember Selfridge reported on an upcoming Youth Music Monterey concert at Sunset Center and said that the Consulate of Azerbaijan will be in attendance. Councilmember Downey offered kudos to Councilmember Selfridge for bringing the Love of Monterey speaker to town. She offered kudos to staff for bringing back the Christmas Tree Lighting. She said she would like to consider enacting a tobacco retail license. Ms. Downey voiced concerns regarding political signs being placed on public property throughout the City and asked staff to review the matter. She thanked the Chief Building Official for touring the Golden State Theatre and said that she hopes to hear his report by the next meeting. Mayor Della Sala acknowledged the students in the audience from MPUSD, as well as the Big Sur Charter School students who wrote him letters regarding the Dennis the Menace Park train. CONSENT ITEMS On a motion by Councilmember Selfridge, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted the Consent Agenda except Items 2, 3, 7, 8, 11, and 12, which removed for public comment, discussion, and questions: 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 Council Minutes Tuesday, November 5, 2013 Approval of Minutes 1. October 15, 2013 (Information Resources - 701-09) Action: Approved Ordinances 2. 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 - Continued from October 15, 2013 (Human Resources - 504-11) Action: Removed from Consent; received report; discussed; passed Ordinance to print Benefits Manager Maloney presented the staff report detailing the proposed amendments. Councilmember Downey asked to have a red-lined version whenever an ordinance amendment is presented to the City Council. Mayor Della Sala opened public comment on the item. Nelson Vega said that sick leave should not have cash value and this is another perk that is not counted as part of total compensation. He asked Council to leave the policy as is. Having no further requests to speak, Mayor Della Sala closed public comment. On question, Ms. Maloney said that for most employees, sick leave does not have cash value. She said that this action only involves time, not transferring any cash value. Councilmember Sollecito summarized the issue. City Manager Meurer clarified that allowing employees to transfer vacation time to sick time for another employee reduces the City's monetary liability. On a motion by Mayor Della Sala, seconded by Councilmember Haffa, and carried by the following vote, the City Council passed the Ordinance to print amending 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: AYES: 5 COUNCILMEMBERS: Downey, Haffa, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 3. 1st Reading – Amend Monterey City Code Section 22-29(b) to Prohibit Smoking on Municipal Wharf 1 (Old Fisherman's Wharf) (City Attorney - 701-11) Action: Removed from Consent; received report; discussed; passed Ordinance to print City Attorney Davi presented the staff report. Councilmember Downey said that the reasons for this Ordinance apply to Alvarado and possibly Calle Principal, and she expressed disappointment that those areas are not being addressed. Chief of Planning Rerig explained the reasons that this matter has not risen to the top of OMBA's agenda. Ms. Downey said that is no excuse, and she asked staff to bring it back to the City Council as soon as possible. Mayor Della Sala opened public comment on the item. Gonzalo Coronado, staff for the Coalition for Tobacco Free Monterey County, spoke in support of the ordinance. Having no further requests to speak, Mayor Della Sala closed public comment. 2  City Council Minutes Tuesday, November 5, 2013 On a motion by Councilmember Sollecito, seconded by Councilmember Haffa, and carried by the following vote, the City Council passed an Ordinance to print amending the Monterey City Code Section 22-29(b) to prohibit smoking on Municipal Wharf 1 (Old Fisherman's Wharf): Councilmember Haffa said that this addresses a public safety issue so he supports the motion, and Mayor Della Sala agreed. AYES: 5 COUNCILMEMBERS: Downey, Haffa, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 4. 1st Reading – Add Article 9 to Chapter 33 of the Monterey City Code to Authorize Covenant of Easement Ordinance Pursuant to Government Code section 65870 et seq. (City Attorney - 701-11) Action: Passed Ordinance to print 5. 2nd Reading – Rezone Portions of the Planning Area from Planned Community (PC), Community Commercial (C-2), Commercial Office and Professional (CO), Residential Medium Density (R-3), and Open Space (O) to Planned Community – Downtown (PC-D) (Plans & Public Works - 203-02) Action: Adopted Ordinance No. 3484 C.S. 6. 2nd Reading – Amend Monterey City Code Section 20-48.4 to Allow Bicycles and Transit on the Alvarado Mall (Plans & Public Works - 201-12) Action: Adopted Ordinance No. 3485 C.S. 7. 2nd Reading – Repeal and Replace 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; 2nd Reading – Repeal Monterey City Code section 38-112.3 (Green Building Ordinance) (Plans & Public Works - 202-08) Action: Removed from Consent; received public comment; discussed; passed amended Ordinances to print Mayor Della Sala opened public comment on the item. Nelson Vega said that after speaking with the Building Official, he is very comfortable with the changes to these ordinances. He asked that next time the changes be highlighted. Nina Beety voiced concerns regarding the changes, particularly the wireless transmitter on fire sprinklers and the requirement to remove and trim vegetation. Having no further requests to speak, Mayor Della Sala closed public comment. City Attorney Davi explained that this law may be amended in limited circumstances. Fire Chief Panholzer explained that the purpose of the regulation is to reduce fire hazards. He said that the code has been in place for many years, and does not apply to landscaping. City Manager Meurer reminded the Council of the past Pebble Beach fire and other more recent fire threats. On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council adopted Ordinance No. 3486 C.S., 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; 2nd Reading – repeal Monterey City Code section 38-112.3 (Green Building Ordinance): 3  City Council Minutes Tuesday, November 5, 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 Resolutions 8. Amend Fire Department Position Control List and Related Budget Adjustment Required to Implement Fire Services Contract with Monterey Peninsula Airport District (Fire - 502-03) Action: Removed from Consent; received report; discussed; adopted Resolution No. 13- 169 C.S. Fire Chief Panholzer presented the staff report and answered Councilmembers' questions. Mayor Della Sala opened public comment on the item. Nelson Vega noted that this money is coming from the General Fund, but this looks like an excellent value. He said that regionalizing the fire department would ultimately save money, and he supports that. He voiced concerns that Monterey should be creating a regional fire district rather than absorbing so many employees. Having no further requests to speak, Mayor Della Sala closed public comments on the item. Councilmember Sollecito agreed, and said that some of the other cities have refused the effort to form a JPA or regional district, so this is the next best thing to do. Councilmember Downey said that a joint powers authority is her ultimate goal. Mayor Della Sala noted that we already have one administration for the cities of Monterey, Pacific Grove, Carmel, and the Airport, and that is a step toward the right direction in creating a regional department. City Manager Meurer gave a brief history of the evolution of the combined fire departments. On a motion by Councilmember Haffa, seconded by Councilmember Sollecito, and carried by the following vote, the City Council adopted Resolution No. 13-169 C.S., amending the Fire Department Position Control List and related budget adjustment required to implement the Fire Services Contract with Monterey Peninsula Airport District: 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 9. Adopt Determination that East Monterey Pump Station (Force Main Lining) Project is Exempt from the California Environmental Quality Act (Plans & Public Works - 204-04) Action: Adopted Resolution No. 13-170 C.S. 10. Authorize Withdrawal from the Mark Worley Fire Training JPA and Allocate Funds Received From the JPA to the Fire Department Training Program (Fire - 606-05) Action: Adopted Resolution No. 13-171 C.S. 4  City Council Minutes Tuesday, November 5, 2013 11. Amend the City of Monterey's Full-Time Salary Schedule for the Finance Director Classification (Human Resources - 502-03) Action: Removed from Consent; received report; discussed; gave direction to staff to manage the Finance Director recruitment as appropriate, solicit responses and hire a labor negotiator, and to initiate negotiations with the Executive Managers (3-2; Sollecito, Della Sala voting no) Human Resources Analyst Russo presented the staff report and answered Councilmembers' questions. Councilmember Haffa suggested that this matter should be discussed in a meet and confer situation. Assistant City Manager McCarthy said that the Executive Management group did not invoke their right to meet and confer when they were notified of this issue. City Attorney Davi said that Council could either approve this issue or invoke meet and confer. Mayor Della Sala opened public comment on the item. Nelson Vega asked Council to table this issue until the new City Manager is hired so they can work together on the finance issue. Having no further requests to speak, Mayor Della Sala closed public comment. City Manager Meurer said that he was faced with the same circumstance that Council was in their recent recruitment of a new City Manager. He said that the City Council will have a very important decision to make regarding an upcoming budget report, and it is the Council's call on how to handle this situation. Councilmember Sollecito said that given the failed recruitment effort, it would be better to adopt the staff recommendation or direct staff to go back out and recruit again at the same salary. He did not favor tabling the issue. Councilmember Haffa said that there is a vacancy in a critical position, but there is a responsibility to meet and confer regarding the salary of this position. He said he would like to address all compensation issues together with the group. It was moved by Councilmember Haffa, and seconded by Councilmember Selfridge, to direct the City Manager to handle the Finance Director recruitment as he sees is appropriate, and direct staff to solicit proposals and hire a labor negotiator, and to initiate a negotiations process with Executive Management: Councilmember Sollecito said that there is nothing to negotiate with the Executive group regarding this issue. He reiterated that the action should either be to approve the recommendation or tell the City Manager to go out at the same salary. City Manager Meurer said that he will do his best to find a qualified candidate whatever the Council decides. Mayor Della Sala reviewed the comparative data and noted that Monterey is below the average. He said that if a recruiter is hired, it will cost approximately the same as two the three years of the recommended salary increase. 5  City Council Minutes Tuesday, November 5, 2013 Councilmember Haffa clarified that his motion includes direction to staff to solicit proposals for a negotiator. The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Downey, Haffa, Selfridge NOES: 2 COUNCILMEMBERS: Sollecito, Della Sala ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Other 12. Appoint Agency Negotiators for Labor Negotiations with Monterey Fire Fighters' Association (MFFA) and Monterey Fire Chief Officers' Association (MFCOA) and Receive Report Regarding Status of Respective Memoranda of Understanding (Human Resources - 507-01) Action: Removed from Consent; discussed; appointed negotiators Councilmember Downey asked why the Fire Chief is being included on this team and Assistant City Manager McCarthy explained that this has been a standard practice in the distant past, but was not done during recent informal negotiations. On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council appointed the agency negotiators for labor negotiations with Monterey Fire Fighters' Association (MFFA) and Monterey Fire Chief Officers' Association (MFCOA) and received the report regarding the status of respective Memoranda of Understanding: 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. Ms. Scott voiced concerns regarding the Council's action to allocate $20,000 for additional Police presence. She supported the smoking ordinance, but said that she hopes that Monterey can accommodate the fact that there are going to be more homeless. Collin Gallagher, Marina resident, voiced concerns regarding the amount of time that it takes Council to get through the consent agenda and said that might be indicative of a bureaucratic organization. He voiced concerns regarding how the budgeting is done, in particular the allocation of the $20,000 from the homeless account. Rick Johnson, Executive Director of OMBA, said that people were thrilled with the For the Love of Monterey presentation. He said that in response to that, First Night Monterey and OMBA are bringing back the Christmas tree lighting ceremony and looking at La Posada, and he thanked staff for their assistance. He gave a brief report on the recent Halloween event. He said OMBA is rolling out a campaign called "Help that Really Helps" that encourages people to donate to charities that work with the homeless. He said that the travelers in the Downtown hurt business. 6  City Council Minutes Tuesday, November 5, 2013 He said that OMBA will be discussing non-smoking on Alvarado at their next meeting. Steven Moore, Monterey resident, spoke in support of due diligence and looking at the Golden State Theatre, saying that it is a fabulous opportunity. He said that there is a multiplier effect for every ticket that is sold. Nina Beety said that the situation regarding Fukushima has not gone away, saying that the plume is crossing the Pacific Ocean and is ten times the normal levels of cesium. She said that people are calling for days of prayer on Fridays. She asked Council to call on spiritual leaders in the City of Monterey to call from their hearts to stop this. Nelson Vega asked Council to have independent people represent them in negotiations and stop throwing money at problems, but rather to bend the cost curve. He said that people in management should not be unionized, but should have a management contract. Having no further requests to speak, Mayor Della Sala closed public comment. PUBLIC HEARING 13. 1st Reading Ordinance - Rezone 1122 Harrison Street Rezone Application 13-398 for H-2 Historic Zoning and Mills Act Application 13-433; Applicant/Owner Glyn and Patricia Jones; R- 1-6 Zoning District; Exempt from CEQA Requirements (Plans & Public Works - 209-05) Action: Held Public Hearing; passed Ordinance to print; adopted Resolution No. 13-172 C.S. Chief of Planning Rerig presented the staff reports for Items 13 and 14. Mayor Della Sala opened the Public Hearing on Item 13, had no requests to speak, and closed the hearing. On a motion by Mayor Della Sala, seconded by Councilmember Downey, and carried by the following vote, the City Council passed an Ordinance to print to rezone 1122 Harrison Street application 13-398 for H-2 Historic Zoning and adopted Resolution No. 13-172 C.S., approving Mills Act application 13-433: AYES: 5 COUNCILMEMBERS: Downey, Haffa, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 14. 1st Reading Ordinance - Rezone 870 Doud Avenue; Rezone Application 13-397 for H-2 Historic Zoning and Mills Act Application 13-434; Applicant/Owner Pat Canada; R-1-6 Zoning District; Exempt from CEQA Requirements (Plans & Public Works - 209-05) Action: Held Public Hearing; passed Ordinance to print; adopted Resolution No. 13-173 C.S. Mayor Della Sala opened the Public Hearing. Pat Canada, property owner, asked Council to approve the staff recommendation. Having no further requests to speak Mayor Della Sala closed the hearing. On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council passed the Ordinance to print, rezoning 870 Doud Avenue; application 13-397 for H-2 Historic Zoning and adopted Resolution No. 13-173 C.S., approving Mills Act Application 13-434: 7  City Council Minutes Tuesday, November 5, 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 Mayor Della Sala called a recess at 5:43 p.m. Council reconvened at 7:00 p.m., and all Members were present. WATER UPDATE Executive Director Cullem reported that CalAm's construction of test slant wells might be delayed due to the necessary process for completion of the mitigated negative declaration. He said that he is hopeful that it does not result in a delay of the final project completion. He said that CalAm has invited the Governance Committee to observe the interviews and selection of the Desal Design-Build firm. He said that the Water Authority held a special meeting on October 31 and authorized a contract with SPI, Inc. and approved its share of the cost up to $12,000. He reported that the Settlement Agreements hearing is scheduled for the CPUC Administrative Law Judge on December 2 and 3. Mr. Cullem said that the Water Authority TAC toured the Pollution Control Agency pilot GWR plant, and the Authority's Public Outreach Consultant has begun to meet with the consultants and staff at MPWMD and MRWPCA in regard to moving the TWR project forward. Mayor Della Sala opened public comment on the item, no one came forward, and he closed the floor. CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened public comments on items not on the agenda. Shamus Navarro asked why $20,000 was allocated to police rather than programs to help the homeless. He said that the police harass the homeless. He asked to have the money returned to help the homeless. Maxwell Green said that taking $20,000 from social services to fund police was a mistake because the police harass the homeless and have harassed and threatened him. With no further requests to speak, Mayor Della Sala closed public comments. The Mayor said that the City Council has gone on record as being compassionate toward the homeless. He differentiated between homeless individuals and aggressive panhandlers who break the law. PUBLIC APPEARANCE 15. Receive Report on Monterey Bay Sports Complex Proposal for Development of Former Fort Ord Open Space Parcel and Provide Direction to Staff (Plans & Public Works - 203-02) Action: Received report; motion to proceed with Alternative 2 failed (2-3; Haffa, Sollecito, Della Sala voting no); directed staff to include the 24 acre parcel in the Exclusive Negotiating Agreement with DBO Development Company (4-1; Selfridge voting no) Chief of Planning Rerig and Principal Planner Caraker presented the staff report and answered Councilmembers' questions. Councilmember Sollecito said that while this is a good idea, but there are no hotels or restaurants adjacent to the park and that could affect the economic impact negatively. 8 City Council Minutes Tuesday, November 5, 2013 Mayor Della Sala opened the floor to the applicant. Mike Nobel, Partner in Iliad Sports LLC and Frank Flores presented their project concept to the City Council. They requested that the Council direct City staff to issue a new RFQ that combines the two Open Space/Recreation parcels at Ryan Ranch--the 24 acre parcel with its adjacent parcel of 75 acres--for the development of a Sports Complex similar to the one they propose. On question, Mr. Noble explained that DBO's proposal for the 24 acre site has a different objective, so he is unsure that the two projects could be combined. Mayor Della Sala opened the floor to the general public. Chris Orosco voiced concerns regarding the competing proposal. He said that while it is visionary, there is a question whether it could be built. He suggested that it might be feasible on the 75 acre parcel. He said that because of zoning issues, water, and the reuse plan it will likely take years to develop the 75 acres. He reiterated his interest in controlling the 24 acre parcel. Mr. Brassfield said that the City already has a Sports Center for which maintenance is a problem. He voiced concerns that hotel costs are too high for these types of events. Chris Augustine said that over one hundred girls who play softball live in Monterey, and these facilities would greatly help the entire community. He said that major organizations would support this type of facility. Having no further requests to speak, Mayor Della Sala returned the discussion to the dais. Councilmember Haffa said that he loves this idea, but he is concerned about the zoning complications and water allocations. He said that he would need to see a more complete business plan before he can say yes. Councilmember Selfridge said that she would favor alternative 2 because it creates a vision and Monterey should be open to taking a risk on that vision. It was moved by Councilmember Selfridge, and seconded by Councilmember Downey, to direct staff to proceed with Alternative 2. Councilmember Downey said that this should go to Parks and Recreation, and she believes more information is needed, including a financial plan. Councilmember Sollecito said that DBO has proven that they can deliver. He said that he needs to know if this proposal would jeopardize DBO. Mayor Della Sala said that the exclusive negotiating agreement only deals with the 24 acres. Mr. Rerig said that DBO could develop the 24 acres as a recreational facility and turn it over to others to operate. City Manager Meurer said that there is a potential to develop the fields on the 75 acres even if the 24 acre parcel is developed by DBO. Mayor Della Sala said that he would not support the motion. The motion failed by the following vote: AYES: 2 COUNCILMEMBERS: Downey, Selfridge NOES: 3 COUNCILMEMBERS: Haffa, Sollecito, Della Sala ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 9  City Council Minutes Tuesday, November 5, 2013 On a motion by Mayor Della Sala, seconded by Councilmember Sollecito, and carried by the following vote, the City Council determined that adequate information to evaluate the proposal has not yet been sufficient and directed staff to include the parcel in the Exclusive Negotiating Agreement with DBO Development Company: AYES: 4 COUNCILMEMBERS: Downey, Haffa, Sollecito, Della Sala NOES: 1 COUNCILMEMBERS: Selfridge ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 16. Receive Report and Provide Direction Regarding City Manager Recruitment Community Panel (Human Resources - 502-11) Action: Received report; directed staff to proceed with "Option 2," with the Council conducting the preliminary interviews and narrowing the potential list of candidates to their top choices and the community panel interviewing the shorter list of candidates on a separate day (3-2; Downey, Selfridge voting no) Mr. Paul Kimura presented two option for the involvement of the community panel, recommending that the Council interview the longer list of candidates and involve the community panel after a "short list" is established. Councilmember Downey said that she would prefer to hear from the community panel during the first part of the process. Councilmember Haffa said that he appreciates Ms. Downey's reasoning, but is mindful that the process previously used resulted in a failure to find a City Manager. On question, Mr. Kimura said that there is often a group think that develops on a panel of this type. Mayor Della Sala opened the floor for public comment on the item, and had no requests to speak. He returned the discussion to the dais. Councilmember Downey moved and Councilmember Selfridge seconded that Council use option 1. Councilmember Sollecito offered a substitute motion to direct staff to proceed with "option 2," with the Council conducting the preliminary interviews and narrowing the potential list of candidates to their top choices and the community panel interviewing the shorter list of candidates on a separate day, and the motion was seconded by Councilmember Haffa. The substitute motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Haffa, Sollecito, Della Sala NOES: 2 COUNCILMEMBERS: Downey, Selfridge ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Mayor Della Sala called a recess at 9:02 p.m., then reconvened the meeting at 9:10 p.m. 10  City Council Minutes Tuesday, November 5, 2013 PUBLIC APPEARANCE 17. Precommit Water from the City’s Economic and Environmental Sustainability Water Allocation (Plans & Public Works - 201-01) Action: Adopted Resolution No. 13-174 C.S, Resolution No. 13-175 C.S., Resolution No. 13-176 C.S., Resolution No. 13-177 C.S., Resolution No. 13-178 C.S., Resolution No. 13- 179 C.S., and Resolution No. 13-180 C.S. (4-0-1; Della Sala not participating) Mayor Della Sala recused himself from hearing this item, handed the gavel to Vice Mayor Selfridge, and left the Chamber. Chief of Planning Rerig and Principal Planner Cole presented the staff report and answered Councilmembers' questions. Vice Mayor Selfridge opened public comment on the item. Eric Miller, owner builder, said that the only two projects that have meters in place are his at 575 Foam and 211 Hoffman. He said that the two projects together are a mixed use project. He questioned whether new meters could be installed and said that he is the only one who is ready to go and has meters. Bob Morris, 2260 Fremont Street building owner, said that the building is empty except one tenant, who might soon move. He said that the proposed project will create jobs and increase sales tax revenues. He said that the meters are in place. Craig Riddel, 2260 North Fremont design team member said that their business plan projects $2.5 million in the first year and the project would provide 50-60 jobs. On question he said that the requested allocation has been reduced. Mike Brassfield, CONA representative, supported the idea of having a good restaurant in the area, but said that the applicant has not adequately answered questions regarding this project. He said that parking is a major issue, along with noise impacts to the adjacent residential area. Having no further requests to speak, Vice Mayor Selfridge closed public comment. On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council approved the staff recommendation, adopting the Resolutions and precommiting water from the City’s Economic and Environmental Sustainability Water Allocation: Councilmember Haffa said that he was the dissenting vote on the Subcommittee because he felt they did not adequately take into consideration of the positive economic impact. He said that after hearing the CONA testimony, he will support the motion, even though greater consideration should have been given to that project by the Subcommittee. 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 took up the gavel. 11 City Council Minutes Tuesday, November 5, 2013 CITY MANAGER REPORTS City Manager Meurer reported that the AMGEN bicycle race is planning to come through Monterey. Mayor Della Sala announced the closed session items and asked if there is any public comment. With no requests to speak, he adjourned the meeting to the closed session at 10:13 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced the following: In a conference with legal counsel regarding existing litigation, Turn Down the Lights v. City of Monterey, the Council gave confidential direction to their counsel in a unanimous roll call vote. In a conference with legal counsel to decide whether to initiate litigation in the case of City of Monterey v. Collins Electric, the Council gave confidential direction to their counsel on a unanimous roll call vote. In a conference with labor negotiators regarding Employee Organizations, MFFA, MFCOA, and the Assistant Fire Chief, the City Council gave confidential direction to their negotiators on a unanimous roll call vote. A conference with labor negotiators to discuss the Interim City Manager recruitment was not heard and no action was taken ADJOURNMENT Having no further business to come before the City Council, Mayor Della Sala adjourned the meeting at 10:50 p.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director Information Resources/City Clerk Mayor 12