Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, December 17, 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 , Community Services Director, Police Chief, Principal Planner, Housing & Property Manager, Fire Chief, Assistant Finance Director CALL TO ORDER Mayor Della Sala called the meeting to order at 4:01 p.m. COUNCIL COMMENTS Councilmember Sollecito reported on a resolution presentation he made at last Saturday's Cowboy Poetry Festival. He noted that Chief Gary Brown brought that festival to town fifteen years ago. Councilmember Haffa said that he wants to keep the issue of domestic drone use on the Council's radar screen. He said that regulations and a permitting process would be needed for public safety personnel, as well as for members of the public. City Manager Meurer reported that the FAA is working on regulations, and Mr. Haffa said that he believes there will be a provision for some regulation by local governments. Councilmember Downey thanked staff for putting up the Christmas Tree, saying that it looks beautiful. She thanked CSUMB for the ceremony. She asked to keep garage sales on the radar. She reported on a recent seminar at Monterey Presbyterian Church regarding the homeless issue and ongoing efforts toward an ambassador program and a safe parking program. She said she is thrilled with the Cannery Row walking tour map brochure. She stated that she is not pulling any Consent items as a present to Mr. Meurer. Councilmember Selfridge asked to agendize an item to discuss a Citizen's budget committee. She reported that Santa and two of his reindeer would be stopping in Downtown Monterey in front of the Golden State Theatre on Friday, December 20th. She thanked the Harbor and Fire Department staff for mopping up the spill from the sunken boat at the harbor. Mayor Della Sala announced that Councilmember Sollecito has been appointed to the League's Public Safety Committee and Assistant City Manager McCarthy has been appointed to the Employee Relations Policy Committee. He thanked both for volunteering their time to participate. CONSENT ITEMS City Manager Meurer said that there have been no requests to pull items, particularly not from Councilmember Downey.  City Council Minutes Tuesday, December 17, 2013 Mayor Della Sala asked Council to continue Item 2 to January 7, 2014. On a motion by Councilmember Downey, seconded by Councilmember Haffa, and carried by the following vote, the City Council continued Item 2: AYES: 5 COUNCILMEMBERS: Downey, Haffa, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None On a motion by Councilmember Sollecito, seconded by Councilmember Haffa, and carried by the following vote, the City Council approved the balance of the Consent Agenda, except Item 13, which Mayor Della Sala removed for discussion: 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 1. December 3, 2013 (Information Resources - 701-09) Action: Approved Resolutions 2. Amend Resolution 13-101 Changing the Position Control List for the Community Services Department by Adding One (1) 30-hour Regular Part-Time Wharf Attendant Position (Public Facilities - 502-03) Action: Continued to January 7, 2014 3. Authorize Acceptance of Monterey Hotel Apartment Condominium Airspace Unit At 410 Alvarado Street Through Deed in Lieu of Foreclosure Procedure (Plans & Public Works - 206- 03) Action: Adopted Resolution No. 13-202 C.S. 4. Consent to the Inclusion of Properties within the City of Monterey’s Jurisdiction in the California HERO Program to Finance Distributed Generation Renewable Energy Sources, Energy and Water Efficiency Improvements and Electric Vehicle Charging Infrastructure and Approving an Amendment to a Certain Joint Powers Agreement Related Thereto (Plans & Public Works - 704-03) Action: Adopted Resolution No. 13-203 C.S. 5. Authorize the City Manager to Enter into a License Agreement Allowing the County of Monterey to Use a Mechanical Bay (Vehicle Repair Space) at the City of Monterey’s Corporate Yard (Plans & Public Works - 704-05) Action: Adopted Resolution No. 13-204 C.S. 6. Accept Gift Of Ship Anchors (Library - 906-02) Action: Adopted Resolution 13-205 C.S. 2  City Council Minutes Tuesday, December 17, 2013 7. Amend Resolution No. 13-101 Changing the Position Control List by Deleting One Regular Part-time (RPT) Afterschool Site Director in the Special Programs and Events Division, and Converting One RPT Sports Coordinator Position into One Full-Time Sports Coordinator Position in the Sports Division (Recreation & Community Services - 502-03) Action: Adopted Resolution No. 13-206 C.S. 8. Authorize Street Sweeping Services Agreement between City of Monterey, Monterey City Disposal Service and City of Sand City (Plans & Public Works - 704-05) Action: Adopted Resolution No. 13-207 C.S. 9. Extend Cannery Row Garage Locals Parking Program Through December 31, 2015 (Public Facilities - 901-06) Action: Adopted Resolution No. 13-208 C.S. 10. Direct Staff to Enter into Negotiations with the Army for an Intergovernmental Support Agency Agreement to Provide Base Operations Services to the Presidio of Monterey (Plans & Public Works - 706-02) Action: Adopted Resolution No. 13-209 C.S. 11. Authorize Modification of the Monterey Fire Chief Officers' Association to Include the Assistant Fire Chief Classification in its Bargaining Group (City Attorney - 507-08) Action: Adopted Resolution No. 13-210 C.S. Other 12. Appoint Vice Mayor for 2014 (Information Resources - 701-01) Action: Appointed Sollecito 13. Appoint 2014 Representatives to Outside Agencies and Subcommittees (Information Resources - 701-04) Action: Removed from Consent; discussed; approved appointments other than FORA (5- 0); approved FORA appointment (3-2; Sollecito, Della Sala voting no) On a motion by Councilmember Downey, seconded by Councilmember Sollecito, and carried by the following vote, the City Council appointed the 2014 Representatives to Outside Agencies and Subcommittees, except the FORA appointment: 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 reviewed last year's discussion regarding the FORA appointment and suggested that Councilmember Sollecito serve in that capacity for 2014. Councilmember Downey said there are many challenges at FORA and she does not want to change representatives in the midst of that. Councilmember Sollecito said that serving on outside agencies Councilmembers are charged to do the best for the agency, and to consider the best for Monterey's objectives and goals. He asked if Councilmember Selfridge voted against the water pipeline to Ryan Ranch. Ms. Selfridge said that she voted against the water pipeline and that will likely come back in the future. 3 City Council Minutes Tuesday, December 17, 2013 Councilmember Selfridge said that she supports jobs, but she has had letters from a group that does not agree with the way Monterey is planning the development. Mr. Sollecito said that the issue is whether to run the pipeline or not. Councilmember Haffa said that he appreciates the work the Councilmembers have done on the outside agencies. He suggested that Councilmember Sollecito step down from TAMC and take FORA, while Councilmember Selfridge takes TAMC in his place. Councilmember Downey said the kind of jobs that are created on the FORA land depends on how the property is developed. Councilmember Sollecito said that the real issue in regard to development is access to water. He said that he is on several committees on TAMC and in the middle of too many issues to step down at this time. Mayor Della Sala opened public comment on the item. Nelson Vega said that all of the people on the boards should be carrying out the wishes of the Council. He said that a policy should direct the representatives to outside agencies. He supported keeping the current assignments. Having no further requests to speak, Mayor Della Sala closed public comment. He said that the Council has made it clear from the beginning that they are in favor of creating middle income jobs and development on Monterey's portion of the FORA property. He said that without water, development cannot take place. It was moved by Councilmember Downey, and seconded by Councilmember Selfridge, to retain Councilmember Selfridge as the FORA appointment. 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 Councilmember Sollecito voiced concerns regarding Councilmember Selfridge's statement as the City's FORA representative about bringing "just jobs" to the City and her vote to block getting water to the FORA property. He asked Councilmember Selfridge if she supports developing the property in the City's best interest and bringing higher paying jobs to the development. Councilmember Selfridge said that she did vote against the water issue because of extenuating circumstances and the issue would most likely come back to the FORA board in a different form. She said she gets a lot of public input regarding her votes at FORA, she supports jobs, but there is a group that does not support the way we are doing it. Councilmember Sollecito said that the no-growthers are always going to be there, but we either need a pipeline for water or we don't. If there is no pipeline, there is no way to develop the property and Marina Coast is the contractor. It was moved by Councilmember Haffa, and seconded by Councilmember Downey, to appoint Councilmember Selfridge to TAMC and Councilmember Sollecito to FORA. Councilmember Sollecito said that he did not ask for the FORA job, but he wants representation for the City and revenue raising jobs. He said that he is not willing to risk leaving TAMC at this time because continuity is important, and he does not wish to be appointed to FORA. He said that he hopes Councilmember Selfridge would listen to the comments made by the Council and represent the City accordingly at FORA. 4 City Council Minutes Tuesday, December 17, 2013 Councilmember Haffa asked Councilmember Selfridge if a majority of the Council approved an agreement on the Orosco development, could she support it at FORA even if she did not personally support it. Councilmember Selfridge said that yes, she would have to support it under those circumstances. Councilmember Haffa withdrew his motion. Mayor Della Sala asked Councilmember Haffa if he would be willing to serve on FORA. Councilmember Haffa responded that he would be willing, but he does not want to politicize the issue or insult anyone. Mayor Della Sala said that his intent is to do what is in the best interest of Monterey, not to insult or politicize. On a motion by Councilmember Downey, seconded by Councilmember Haffa, and carried by the following vote, the City Council appointed Councilmember Selfridge to FORA: AYES: 3 COUNCILMEMBERS: Downey, Haffa, Selfridge NOES: 2 COUNCILMEMBERS: Sollecito, Della Sala 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 Groves said that he is unable to be here this evening and he wants to acknowledge the great job City Manager Meurer has done. He reviewed the history of the development of the FORA Plan, saying that it won a national award and it was Mr. Meurer's leadership skills that got the plan done. He thanked him for his leadership and excellence. Ellen Martin, Executive Director of First Night Monterey, thanked the Council for their support for the event, which is just a few days away. She said that the theme is Sea Changes and focuses on environmental issues. Paulette Lynch, Monterey resident and Founder of First Night Monterey, thanked City Manager Meurer for his support of First Night. She expressed her appreciation for Mr. Meurer's caring appreciation of the City. Christy Hopper, Sergeant at Arms for GEM, said that the employees will miss him, his dedication, his willingness to make hard decisions, his open door policy, guidance, wisdom, humor, and leadership. With tongue-in-cheek, she said that they will not miss seeing his car in the parking long before dawn, write a thesis on any topic, and his long speeches. Having no further requests to speak, Mayor Della Sala closed public comment. Mayor Della Sala offered an opportunity for public comment on the closed session items. Kevin Phillips, Mr. Gilbert's business partner, said that it would be unreasonable to withhold the lease assignment, and he urged approval. Patrick Stafford, representing the Rappas, said that he did not receive interest in the lease after extensive marketing. He said that he has analyzed Mr. Gilbert's offer and he reviewed the advantages of the assignment. He asked for approval of the lease assignment. With no further requests to speak, Mayor Della Sala closed comments on closed session items and adjourned the meeting to Closed Session at 4:49 p.m. Mayor Della Sala reconvened the meeting at 7:02 p.m. 5 City Council Minutes Tuesday, December 17, 2013 ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced the following: In a discussion and consideration of public employment appointment of a prospective Interim City Manager and conference with the labor negotiator for an unrepresented employee, prospective Interim City Manager, the City Council unanimously gave directions to their negotiator to offer Michael McCarthy the Interim City Manager position. After a brief negotiation, Mayor Della Sala announced that the offer had been accepted. The Council received a report and took no action regarding a conference with labor negotiators for Employee Organizations General Employees of Monterey, Management Employee Association, Monterey Police Association, Police Lieutenants' Association, Monterey Fire Fighters' Association, and Fire Chief Officers Association. In a conference with real property negotiators regarding terms for granting consent to a lease assignment for property at 101 Fisherman's Wharf (Wharf No.1, Concession 15) the City Council denied the lease assignment. The vote was 3-2, with Councilmember Sollecito and Mayor Della Sala voting no. WATER UPDATE Executive Director Cullem reported that Separation Processes, Inc. was hired by the Water Authority, observed Cal-Am's interviews of the four design build firms competing for the desalination project and approved the appointment of the selected firm, CDM. He reported that the Governance Committee approved the selection of CDM as well and that the Water Authority TAC is continuing to explore ways to provide maximum support for the GWR project. Councilmember Downey applauded the due diligence in hiring CDM. She questioned if residents would be subsidizing hospitality since hospitality would be assessed at Tier 1. David Stoldt, General Manager of the Water Management District, reported on state water bond funding and said that they are working toward getting an advice letter regarding setting water meters by the end of January. He updated Council on the water supply status, explaining that the gap cannot be met under the current CDO. He reviewed the various components of the water supply solution, and talked about the analysis of sizing the desal plant. Mr. Stoldt listed the parties who were at the negotiating table and how the settlement agreements were reached. Mr. Stoldt reviewed the roles of the five key parties who are moving the project forward, particularly MPWMD's role in Groundwater Replenishment. He detailed governance and oversight of the desalination project and clarified that the startup is scheduled for after the CDO deadline. He detailed water rate relief (public) financing and said that legislation is scheduled to be introduced in January. Mr. Stoldt reviewed the costs of the project and how the rates would be impacted. He concluded that there is still much work to do and answered Councilmembers' questions. Mayor Della Sala opened public comment on the item, had no requests to speak, and closed public comments. CONTINUED PUBLIC COMMENTS Mayor Della Sala reopened public comments on non-agendized items. Darryl Kenyon said that he attended the recent Fort Ord colloquium and said that planners are recommending integrated uses. He recommended that Council rethink the plan for their Fort Ord site. He thanked City Manager Meurer for his years of service. David Potter, Emergency Services Coordinator, gave a 6  City Council Minutes Tuesday, December 17, 2013 brief report on the ongoing update of the Emergency Hazard Mitigation Plan. He asked that people take the survey on Monterey.org. He thanked Mr. Meurer for his work for the City. Tom Rowley said that trying to lock down a plan for Fort Ord before water is available is not realistic. He stated that options for the future should be kept open. Having no further requests to speak, Mayor Della Sala closed public comment. City Manager Meurer said that the colloquium sponsored at Fort Ord last week was very good. He said that the clean-up standards are different for residential development than for commercial development, and to repurpose Monterey's portion for residential use would require starting over with the clean-up. He suggested that property at Ryan Ranch could be repurposed for housing. He noted that there are areas in Marina and Seaside parcels that are slated for housing. PRESENTATIONS 14. Sister City Visit To Dubrovnik, Croatia (City Manager - 706-10) Action: Received presentation City Manager Meurer introduced the item. Principal Planner Cole and Community Services Director Bui-Burton presented a report on their visit. They reviewed lessons learned and some proposed next steps to be taken in the program. Mayor Della Sala opened public comment on the item, and had no requests to speak. He closed public comment. PUBLIC APPEARANCE 15. Deny Fisherman's Wharf Association Request to Expand the Locals Parking Program for Waterfront Attendant Lot to Seven Days a Week and Extend Previously Authorized Monday through Thursday Locals Parking Program through December 31, 2015 (Public Facilities - 901- 06) Action: Adopted Resolution No. 13-211 C.S., denying request Parking Superintendent Dalton presented the staff report and answered Councilmembers' questions. Councilmembers discussed the current and potential advertising efforts. Mary Alice Cerrito Fettis, President of Fisherman's Wharf Association, thanked the Council for the free parking program. She suggested that the parking program allow two free hours seven days per week, saying that would help business. With no further requests to speak, Mayor Della Sala closed public comment. On a motion by Councilmember Haffa, seconded by Councilmember Sollecito, and carried by the following vote, the City Council adopted Resolution No. 13-211 C.S., denying Fisherman's Wharf Association's request to expand the Locals Parking Program for the waterfront attendant lot to seven days a week and retained the previously authorized Monday through Thursday Locals Parking Program: 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  City Council Minutes Tuesday, December 17, 2013 16. Discussion and Direction to Staff Regarding Amending Subdivision Ordinance to Authorize Substantive Changes to Final Maps in Relation to a Gate on Stephen Place (Plans & Public Works - 704-13) Action: Directed staff to maintain the current Subdivision Ordinance Chief of Planning Rerig presented the staff report, saying that the City's Subdivision Ordinance is based on the Subdivision Map Act, and answered Councilmembers' questions. Mayor Della Sala opened public comments on the item. Madeleine Mayer listed several safety, security, and privacy problems. She asked Council to approve the gate. Mike Gabrielson said that the gate was never "prohibited," rather the condition stated that the gate that was drawn on the preliminary map was "not approved." Having no further requests to speak, Mayor Della Sala closed public comments. Councilmembers agreed to reopen public comment to hear from the adjoining neighborhood association president. Hans Jannasch, president of Monte Vista Neighborhood Association, said that while he sympathizes with the residents of Stephen Place, it is no different than problems in other locations. He said that his association is opposed to the gate. Mayor Della Sala closed public comments. On a motion by Councilmember Della Sala, seconded by Councilmember Downey, and carried by the following vote, the City Council maintained the current Subdivision Ordinance and denied substantive changes to Final Maps in relation to a gate on Stephen Place: AYES: 5 COUNCILMEMBERS: Downey, Haffa, Selfridge, Sollecito, Della Sala NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None PRESENTATIONS Mayor Della Sala called a recess at 9:20 p.m., then reconvened the meeting at 9:30 p.m. 17. Recognition of City Manager Fred Meurer for his Outstanding Service to the City of Monterey (Mayor and Council - 701-17) Action: Recognition given Mayor Della Sala introduced the item saying that the City has been blessed by Fred's outstanding service to the community. He presented a proclamation from the City Council and proclamations from MIIS, DLI, Monterey County Board of Supervisors, California Senator Monning, Association of Defense Communities, Assistant Secretary of the Army, and a letter from President Obama. Mayor Della Sala opened public comment. Tom Rowley said that Fred is well respected by the neighborhood leadership. He complimented Mr. Meurer's leadership abilities. Clyde Roberson read a poem he had written in honor of Mr. Meurer and thanked him for his work and devotion to the community. Mayor Della Sala returned the discussion to the dais. Councilmember Downey thanked Mr. Meurer for creating the Monterey model and his work to keep the military in Monterey. 8  City Council Minutes Tuesday, December 17, 2013 City Manager Meurer said that his time here has been extraordinary and a wonderful experience. He said that he is honored to have worked with the staff. CITY MANAGER REPORTS City Manager Meurer reported that Monterey has sent firefighters to assist in fighting the Big Sur fire. PUBLIC APPEARANCE 18. Public Employee Appointment Title: Interim City Manager (City Attorney - 502-11) Action: Appointed Michael McCarthy as Interim City Manager Mayor Della Sala reported that Council has offered a base salary of $203,950 with a 1.92% incentive pay. He opened public comment on the item, had no requests to speak, and closed public comment. On a motion by Councilmember Downey, seconded by Councilmember Selfridge, and carried by the following vote, the City Council appointed Michael McCarthy as the Interim City Manager: 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 Assistant City Manager McCarthy thanked the Council and said that he will do his very best. ADJOURNMENT With no further business to come before the City Council, Mayor Della Sala adjourned the meeting at 10:19 p.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director Information Resources/City Clerk Mayor 9