Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, March 17, 2015 4:00 - 5:30 p.m. 7:00 - 11:00 p.m. COUNCIL CHAMBER, FEW MEMORIAL HALL OF RECORDS MONTEREY, CALIFORNIA Councilmembers Present: Councilmembers Barrett, Downey, Haffa, Smith, Roberson Absent: None City Staff City Manager, City Attorney, Director of Information Resources/City Clerk, Present: Assistant City Manager, Deputy City Manager Plans and Public Works, Finance Director, Community Services Director, Fire Chief, Police Chief, Library Director, Chief of Planning, Engineering, and Environmental Compliance, Housing & Property Manager, Parking Superintendent, Communications and Outreach Manager, Administrative Analyst CALL TO ORDER Mayor Roberson called the meeting to order at 4:00 p.m. CONSENT ITEMS Mayor Roberson said that he has requests from Councilmembers to remove Items 9, 10, and 14. Councilmember Downey voiced concerns regarding the use of social media, and staff reviewed the advantages of putting a policy in place. On a motion by Councilmember Haffa, seconded by Councilmember Barrett, and carried by the following vote, the City Council adopted the Consent Agenda, except Items 9, 10, and 14: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Approval of Minutes 1. March 3, 2015 (Information Resources - 701-09) Action: Approved Ordinances 2. 1st Reading to Amend Chapter 32 of the Monterey City Code Regarding Special Events Held on City Property and Fee Waivers Staff Recommends Continuance to April 7, 2015 (City Attorney's Office - 701-11) Action: Continued to April 7, 2015 Resolutions 3. Adopt a Resolution Adopting a Social Media Policy for the City of Monterey (City Manager - 101-03) Action: Adopted Resolution No. 15-040 C.S.  City Council Minutes Tuesday, March 17, 2015 4. Approve Prior Un-Appropriated Expenditures for the Gas Boy (Fuel Dispensing) and Fuel Pumps Upgrade Project , Approve Transfer of Funds from the Vehicle Replacement and Information Services Funds to the General Fund, and Authorize an Appropriation of Funds (Plans & Public Works - 701-13) Action: Adopted Resolution No. 15-041 C.S. 5. Approve Funding for Via Mirada Sidewalk and CONA Park Shade Structure and Fence Replacement ***NIP*** (Plans & Public Works - 406-04) Action: Adopted Resolution No. 15-042 C.S. 6. Authorize the Mayor to Execute an Amendment to the Candy Baron Lease at 601 Wave Street, Suite 500 that Will Allow the Permitted Uses to Change to Retail to Home and Garden Merchandise with Ancillary Fudge Making and Sales from Candy and Related Merchandise (Plans & Public Works - 704-10) Action: Adopted Resolution No. 15-043 C.S. 7. Authorize Waiver of Fees for the Gateway Center of Monterey to Use the Waterfront Community Room on Saturday, May 16, 2015 (Recreation & Community Services - 302-06) Action: Adopted Resolution No. 15-044 C.S. 8. Authorize Waiver of Fees for Monterey Museum of Art to Use Frances Elkins Park for Educational Special Events Four (4) Times During 2015 (Recreation & Community Services - 302-06) Action: Adopted Resolution No. 15-045 C.S. 9. Authorizing Funds and Terms for a Six-Month Agreement with Eric Lochtefeld/Golden State Property, Allowing the City of Monterey to Use or Assign Use of the Golden State Theatre for Music, Dance, Theater, Art, or Cultural Events (Recreation & Community Services - 308-05) Action: Removed from Consent; discussed; adopted Resolution No. 15-046 C.S. (4-1; Downey voting no) Councilmember Smith asked how the amount of money was determined and if the City has any role in selection of the events. Community Services Director Bui-Burton gave a brief history, outlined the costs, and said that staff would not be involved in the selection. Councilmember Downey said that the costs for non-profits are double the previous amount under the old owner. She said that she would like to delay the item for additional negotiations. Mayor Roberson opened public comment on the item. Nancy Selfridge said that she originated the idea to establish a fund to support new ideas from non-profit organizations. She supported the proposed program, but said that she does not think this is the appropriate fund to use. Charles Fuller, United Nations Association Monterey Bay Chapter, voiced concerns that because of their financial situation, they would not be able to hold events at the Golden State Theater without some kind of subsidy. Eric Lochtefeld, Golden State owner, said that they have never asked for assistance from the City, rather they were told about an existing grant program. He explained the increased costs and the differences in how they operate the venue versus the previous owner. He said that if they reduce their price, they would be paying to work. He said that they don't need a handout, but would welcome a public-private partnership. Having no further requests to speak, Mayor Roberson returned the discussion to the dais. Councilmember Downey applauded the owners and their efforts and thanked them. 2  City Council Minutes Tuesday, March 17, 2015 It was moved by Councilmember Downey to direct staff to return to the Council with information on grants and new information received regarding the new venue at the Museum of Monterey. The motion died for lack of a second. On a motion by Councilmember Barrett, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution No. 15-046 C.S., authorizing funds and terms for a six-month agreement with Eric Lochtefeld/Golden State Property, allowing the City of Monterey to use or assign use of the Golden State Theatre for music, dance, theater, art, or cultural events: AYES: 4 COUNCILMEMBERS: Barrett, Haffa, Smith, Roberson NOES: 1 COUNCILMEMBERS: Downey ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 10. Amend Resolution 14-125 Changing the Position Control List for the Police Department by Adding Two Community Service Officer Positions and Eliminating One Police Records Detention Supervisor and One RPT Administrative Assistant I positions (Police - 607-01) Action: Removed from Consent; discussed; adopted Resolution No. 15-047 C.S. Police Chief Penko presented the staff report.Councilmember Barrett said that he is in full support of the proposal, and he asked at what level a new employee would be hired and how the salary was established. Chief Penko reviewed the compensation policy. Mr. Barrett said that while he wholeheartedly supports the program, he questions the salary range. He said that he hopes that significant life experience is considered. Chief Penko said that his responsibility is to gauge the candidates' experience. He clarified that the State of California requirements for a Police Officer is a High School diploma or GED. Mayor Roberson opened public comment on the item, had no requests to speak, and returned the discussion to the dais. On a motion by Councilmember Downey, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 15-047 C.S., amending Resolution 14-125 changing the Position Control List for the Police Department by adding two Community Service Officer positions and eliminating one Police Records Detention Supervisor and one RPT Administrative Assistant I position: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 11. Amend Resolution 14-125 Changing the Position Control List for the Plans and Public Works Department by adding one (1) Building Maintenance Craftsworker Position in the Presidio Maintenance Buildings Division until 12/31/2015. (Plans & Public Works - 903-02) Action: Adopted Resolution No. 15-048 C.S. 12. Amend Resolution 14-125 C.S., Changing the Position Control List for the Finance Department by Adding One Full-Time Equivalent Accountant/Auditor Position and Deleting One Full-Time Equivalent Grant Coordinator (Finance - 502-03) Action: Adopted Resolution No. 15-049 C.S. 3  City Council Minutes Tuesday, March 17, 2015 13. Authorize One-Hour Time Limit Parking, 9:00 AM - 6:00 PM, Monday - Friday, Except By Residential Permit, On the 1100 Block of West Franklin Street, West of Cedar Street (Public Facilities - 901-06) Action: Adopted Resolution No. 15-050 C.S. 14. Adopt a Resolution Declaring Intention to Establish Old Fisherman's Wharf Business Improvement District Pursuant to the Parking and Business Improvement Area Law of 1989 and to Set a Public Hearing Date. (City Attorney - 701-13) Action: Removed from Consent; discussed; adopted Resolution No. 15-051 C.S. On question, City Attorney Davi explained that the business owners are being assessed, not the property owners. She said that the funds that are approved have to be very tightly regulated due to state law, and the City was asked to implement this by the business owners. Mayor Roberson opened public comment on the item. Mr. Gilbert said that he disagrees with this assessment and how the money is being spent. Chris Shake assured Council that every penny that is spent is done on a Board of Directors vote, and everything is done according to the law. Having no further requests to speak, Mayor Roberson closed public comment. On a motion by Councilmember Smith, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution 15-051 C.S. declaring an Intention to Establish Old Fisherman's Wharf Business Improvement District Pursuant to the Parking and Business Improvement Area Law of 1989 and to set a public hearing date: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 15. Adopt an ADA Curb Ramp and Sidewalk Design Exception Policy (Plans & Public Works - 202-18) Action: Adopted Resolution No. 15-052 C.S. Other 16. Adopt an ADA Compliance Review Policy for City Projects (Plans & Public Works - 202-18) Action: Adopted Resolution No. 15-053 C.S. 17. Appoint Agency Negotiators for Labor Negotiations with the Monterey Executive Management Employees Association (MEMEA) and the Unrepresented City Attorney (City Attorney - 507-08) Action: Appointed negotiators ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Roberson opened public comments on items not on the agenda. Kate Daniels, Executive Director of Women's Perspective, acknowledged Councilmember Barrett and Mayor Roberson for attending their national women's conference. Marion Dearing, Del Monte Beach Neighborhood Association Vice President, voiced concerns regarding a recent shooting on Del Monte Beach. She said that they have recently noticed negative activity on the beach. She asked for additional support from the City to bring safety back to the neighborhood. She thanked the City for new signs. She offered to be part of a committee to come up with solutions. Having no further requests to speak, Mayor Roberson closed public comments and adjourned 4  City Council Minutes Tuesday, March 17, 2015 the meeting to closed session at 4:59 p.m. RECONVENE Mayor Roberson called the meeting to order at 7:03 p.m., and all Councilmembers were present. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. ANNOUNCEMENTS FROM CLOSED SESSION City Manager McCarthy announced that staff gave a report to the City Council, and there was no direction given. PUBLIC APPEARANCE 18. Approve the Issuance of Conference Center Facilities District (CCFD) Bonds. (Finance - 407-10) Action: Adopted Resolution No. 15-054 C.S. Finance Director Forbis presented the staff report. Mayor Roberson opened public comments on the item. Nelson Vega, on behalf of MCPOA, spoke in support of the staff recommendation. Nina Beety asked what the risk to the City is in an economic downturn. Carl Outzen asked if the TOT would cover payments of the increased principal amount. Having no further requests to speak, Mayor Roberson closed public comments. The Mayor clarified that this is not paid by the TOT, and Mr. Forbis agreed, saying that this is a special levy on the hotels. He said that if the payments are not made, a lien would be placed on those properties. On a motion by Councilmember Smith, seconded by Councilmember Downey, and carried by the following vote, the City Council adopted Resolution No. 15-054 C.S. approving the issuance of Conference Center Facilities District (CCFD) Bonds: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None WATER UPDATE MPRWA Executive Director Cullem presented the report. He reviewed member cities' monetary contributions to the organization and reported on discussions regarding a proposed CDO extension. He said that CalAm hopes to start pumping the test slang well by the end of March and reported on progress for the groundwater replenishment project. Mr. Cullem reviewed a schedule of upcoming meetings and websites where additional information could be obtained. Mayor Roberson opened public comment on the item. Nelson Vega said that it is a dire consequence to the economy if we fail to complete a project. Having no further requests to speak, Mayor Roberson closed public comments. 5  City Council Minutes Tuesday, March 17, 2015 CONTINUED PUBLIC COMMENTS Mayor Roberson opened the floor for public comments on items not on the agenda. Mary Alice Cerrito Fettis, President of Fishermen's Wharf Association, invited the Council, staff and public to submit ideas for interpretive signs regarding cultural and ethnic heritage and the Bay. Nina Beety said that she is here to ask the City of Monterey to stop supporting terrorism. She said that America has created and is supporting ISIL. She suggested that people get their language training at DLI. Pat Venza, Monterey Vista Neighborhood Association President, voiced concerns regarding speeding on Skyline Drive and asked for some interim projects to slow the traffic. She suggested police enforcement, marking the street, raised pavement markers, and possibly stop signs. Dale Hogan, Del Monte Beach resident, voiced concern regarding the recent homicide on the beach, saying that more police presence is needed immediately. He suggested forming a committee to review the codes to give police more tools for enforcement. Jerry Hall, Del Monte Beach Neighborhood Association President, gave a brief history of efforts to establish a residential parking program that were thwarted by the Coastal Commission. He said they are willing to work with the Police and a community group to address the problems. Judy Barian, Del Monte Beach resident, agreed with previous speakers and voiced concerns regarding illegal activities on the beach. A resident of Sea Foam Avenue said that illegal activities have spiked in the last three years. He said that he has heard that two gangs are fighting over the beach. Having no further requests to speak, Mayor Roberson closed public comments. COUNCIL COMMENTS Councilmember Downey asked for an update on the Golden State Theatre grant situation. She asked for an update from the Planning Department regarding the Coastal Plan. She reported that she attended a tour of the Presidio of Monterey as part of the defense contractor conference. She complimented staff on their work and ingenuity in saving the City and the Department of Defense money. Councilmember Haffa reported on an upcoming event at MPC. He report that FORA unanimously approved $250,000 for economic development for a coordinator to work with businesses and CSUMB. He said that he hopes this will develop jobs at FORA. He commented that speeding is an issue in neighborhoods and we should do better. Councilmember Barrett agreed that traffic is the number one issue in most neighborhoods, and he encouraged staff to look at non-conventional solutions. He said that Council will be looking into solutions regarding Del Monte Beach. He said that the Startup Challenge is beginning a new round at CSUMB. Mr. Barrett reported on a fund raiser he attended for the Women's International Perspective (WIP). Councilmember Smith reported on a field trip with CalAm to the Seaside desal plant and the dam to learn more about water. He said the Chamber of Commerce awards dinner, AMBAG, Pony League Baseball and encourages people to attend games. PUBLIC APPEARANCE 19. Award Contract for Employee Classification and Compensation Study (Human Resources - 502-03) Action: Adopted Resolution No. 15-055 C.S. 6  City Council Minutes Tuesday, March 17, 2015 City Manager McCarthy said that each employee group's contract is up at the end of June, and staff is recommending a comprehensive salary survey. Finance Director Forbis recommended that Council award a contract for this work, noting that the chosen company would establish a database for the City. He said that the organization would establish a list of comparable cities prior to starting the survey. Mayor Roberson opened public comment on the item. Nelson Vega referenced MCPOA's letter regarding this issue. He stressed the importance of comparing total compensation. Speaking for himself, he suggested studying outsourcing. With no further requests to speak, Mayor Roberson returned the discussion to the dais. On a motion by Councilmember Downey, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 15-055 C.S., awarding the contract for an employee classification and compensation study: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Mayor Roberson called a recess at 8:28 p.m., then reconvened the meeting at 8:42 p.m. 20. Receive a Report and Provide Direction on Leasing Policies (Plans & Public Works - 704-10) Action: Adopted Resolution 15-056 C.S. as amended Mayor Roberson said that because this item has been heard before, he does not feel a need for a staff report other than new information. Property and Housing Manager Marvin presented Councilmembers’ suggestions for changes to the Resolution as follows: Policy 6. Tenant Selection j. To encourage existing local businesses to refrain from relocating to different, less expensive areas, tenant selection preference may be given to businesses with work space within Monterey County, except where prohibited by state or federal law. Policy 7. Rent Structures and Rent Reviews. The amount of percentage rent is a matter of negotiation between the parties. The market, the quality of the location, and the market power and desirability of the tenant play a part in determining percentage rent For example generally accepted percentage rents for ground leases range from 6-10%, for restaurants range from 6- 8% and retail from 5-10%. Policy 17. Wharf 1 Business Consolidation. The total percentage of square footage in Wharf I that is leased or subleased by any one tenant or any business entity to which the tenant holds any interest, shall not exceed 30%. Councilmember Barrett explained his reasoning for suggesting the 30% limit under Policy 17. Councilmember Smith noted that a previous attempt to establish a limit was not followed through, and City Attorney Davi explained that this action would be prospective. Mayor Roberson opened public comments on the item. Anthony Lombardo said that his clients are essentially in agreement with the staff recommendation except as outlined in a letter he sent today. He commented that he is in agreement with the proposed change to Policy 6, but not 7 or 17. He noted that if the limit is 30% interest, the Grotto lease would not be renewed. 7 City Council Minutes Tuesday, March 17, 2015 Tom Mallott, representing the owners of Liberty Fish Company, voiced concerns regarding giving staff less flexibility, especially when converting a ground lease to a building lease. He said that investment depends on the length of the lease, and more flexibility is important. Nelson Vega supported instituting a leasing policy, including the changes to Policies 6 and 7, and possibly increasing the limit under number 17 to 35%. He supported making the policy tough. He said that the infrastructure should be owned by the City. Sam Rashkin said that public attractions are very rare and important, and most are true public- private partnerships. He submitted written comments and said that comparable market data is needed to make long term business decisions. Ben Ballesteri, co-owner of concession 35 on the Wharf, said that he wants to encourage good business. He questioned the proposed policies regarding subleasing. Salvatore Tedesco submitted information regarding his family business. He said that they are waiting to hear when their lease will be discussed so they can make improvements. Mary Alice Cerrito Fettis, co-owner of concession 33, suggested using different criteria other than percentage to determine the limitations. Sam Ballesteri, concession 35 owner, said that he is hopeful that Council will thoroughly examine the resolution. Carl Outzen said that starting a business is expensive and difficult. With no further requests to speak, Mayor Roberson closed public comments. Councilmember Smith said that there are several big items that have to be addressed, such as whether ground leases are allowed and terms of the leases. Councilmember Downey said that staff needs guidelines, but Council can always change them. It was moved by Councilmember Haffa, and seconded by Councilmember Downey, to approve policy #1: Mayor Roberson suggested adding the word "may" transfer and "at the discretion of the city." Councilmember Barrett said that the leases were signed based on the transfer, so he will support the motion. Councilmember Smith said that many of the buildings require ADA upgrades and maintenance, and is not in favor of shifting to a building lease. He supported the Mayor's suggestion. Councilmember Haffa said that part of the negotiation is to make the lease holder responsible for maintenance and upkeep. The motion carried by the following vote: AYES: 3 COUNCILMEMBERS: Barrett, Downey, Haffa NOES: 2 COUNCILMEMBERS: Smith, Roberson ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None On a motion by Councilmember Haffa, seconded by Councilmember Downey, and carried by the following vote, the City Council approved Policy #2: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 8 City Council Minutes Tuesday, March 17, 2015 It was moved by Councilmember Smith, and seconded by Mayor Roberson, to remove subsection 3.e. so the amount of the sublease would remain negotiable and approve Policy 3. Councilmember Smith amended his motion to retain section 3.e. but to reword it to say, "To avoid profiteering at the expense of the City, standard subleasing language should provide the City with the ability to retain a portion of sublease profits. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Barrett, Haffa, Smith, Roberson NOES: 1 COUNCILMEMBERS: Downey ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None It was moved by Councilmember Roberson, and seconded by Councilmember Smith, to amend Policy 4 to read, "The length of term will be negotiated during confidential lease negotiations. Other considerations for determining length of term include type of use, the contributions the use will make toward achieving the City's long term goals as expressed in the General Plan and area specific plans, and creditworthiness of tenant. Excessively long term leases are to be avoided." Councilmember Barrett suggested keeping the 10-year term, but allowing options to extend the lease. Councilmember Haffa said that "excessively long" is vague. He suggested a total time of no more than 20 years. Councilmember Downey supported the staff recommendation, and allowing an option to renew would be how to encourage improvements. Mr. Barrett said that he believes that ten years is too short of a term, and he would prefer flexibility. The motion failed by the following vote: AYES: 2 COUNCILMEMBERS: Smith, Roberson NOES: 3 COUNCILMEMBERS: Barrett, Downey, Haffa ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None It was moved by Councilmember Haffa, and seconded by Councilmember Downey, to approve the staff recommendation on Policies 4 and 5, except removing "the general policy should be options will not be provided." Mayor Roberson offered an amendment to substitute “20 years” instead of “10 years,” and the seconder of the motion would not agree to the change. Councilmember Barrett offered an amendment that would remove specified uses in conjunction with a length of term, and instead to include a provision for three, five, or up to ten-year leases. The motion maker and seconder agreed. Mayor Roberson said that he believes limiting to ten year leases may cause the City to lose good tenants. Mr. Smith said that this will make it difficult for tenants, and he would prefer 20 years. The amended motion carried by the following vote: 9 City Council Minutes Tuesday, March 17, 2015 AYES: 3 COUNCILMEMBERS: Barrett, Downey, Haffa NOES: 2 COUNCILMEMBERS: Smith, Roberson ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None On a motion by Councilmember Haffa, seconded by Councilmember Barrett, and carried by the following vote, the City Council approved Policy 6 with the addition of "j" to read “To encourage existing local businesses to refrain from relocating to different, less expensive areas, tenant selection preference may be given to business with work space within Monterey County, except where prohibited by state or federal law,” and removing the “6 months reserves” and replacing it with "satisfactory review of financial statements in the last paragraph:" AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Councilmember Downey reviewed her suggested changes to Policy 7. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council approved Policy 7 as recommended by staff: AYES: 4 COUNCILMEMBERS: Barrett, Haffa, Smith, Roberson NOES: 1 COUNCILMEMBERS: Downey ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None On a motion by Mayor Roberson, seconded by Councilmember Smith, and carried by the following vote, the City Council eliminated Policy 8 from the Resolution: AYES: 4 COUNCILMEMBERS: Barrett, Haffa, Smith, Roberson NOES: 1 COUNCILMEMBERS: Downey ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None On a motion by Councilmember Smith, seconded by Councilmember Barrett, and carried by the following vote, the City Council approved Policy 9 with the addition of "at least": AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None It was moved by Councilmember Haffa, and seconded by Councilmember Downey, to approve Policy 10. On further discussion, Councilmember Haffa withdrew his motion. On a motion by Councilmember Downey, seconded by Councilmember Haffa, and carried by the following vote, the City Council approved the staff recommendation on Policy 10: 10 City Council Minutes Tuesday, March 17, 2015 AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None It was moved by Mayor Roberson, and seconded by Councilmember Haffa, to approve Policy 11, removing the last sentence, "If early renewal is requested, extend building lease no earlier than 12 months prior to scheduled termination date if tenant is a performing tenant, the use is a desired use for the building, and additional consideration is contemplated": Councilmember Downey offered a substitute motion for the staff recommendation changing the time frame from 12 months to 24 months. Councilmember Haffa seconded the motion, but after discussion, Councilmember Haffa withdrew his second and the substitute motion died for lack of a second. The original motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Barrett, Haffa, Smith, Roberson NOES: 1 COUNCILMEMBERS: Downey ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Councilmember Downey suggested continuing the rest of the item until the next meeting, but Council decided to continue the discussion. On a motion by Councilmember Downey seconded by Councilmember Haffa, and carried by the following vote, the City Council approved Policy 12: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None On a motion by Councilmember Downey, seconded by Councilmember Haffa, and carried by the following vote, the City Council approved Policy 13: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None On a motion by Councilmember Downey, seconded by Councilmember Haffa, and carried by the following vote, the City Council approved Item 14: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 11 City Council Minutes Tuesday, March 17, 2015 On a motion by Councilmember Downey, seconded by Councilmember Haffa, and carried by the following vote, the City Council approved Policy 15: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None It was moved by Councilmember Barrett, and seconded by Councilmember Smith, to table Policy 16. City Attorney Davi explained that business improvement district funds are strictly limited, so might not cover the same type of costs as CAM. Councilmember Haffa said that he is contemplating that a CAM could be phased in. Property and Housing Manager Marvin said that it is a challenge to introduce a CAM charge when only a portion of the tenants are paying it, but there are already differences in the amounts paid by different tenants on the Wharf. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Barrett, Haffa, Smith, Roberson NOES: 1 COUNCILMEMBERS: Downey ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None It was moved by Councilmember Haffa, to limit the total percentage of square footage on Wharf I that is leased by any one tenant to be 40%, and the motion died for lack of a second. It was moved by Councilmember Barrett, and seconded by Councilmember Haffa, to amend Item 17 to say that the total percentage of square footage on Wharf I that is leased or subleased by any one tenant shall not exceed 35%. City Manager McCarthy said that measurements have not been taken recently. On a substitute motion by Councilmember Haffa, seconded by Councilmember Barrett, and carried by the following vote, the City Council tabled Policy 17 to be brought back after measurements are updated: AYES: 4 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith NOES: 1 COUNCILMEMBERS: Roberson ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None It was moved by Councilmember Downey, and seconded by Councilmember Haffa, to approve the staff recommendation for Policy on Item 18. AYES: 4 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith NOES: 1 COUNCILMEMBERS: Roberson ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 12 City Council Minutes Tuesday, March 17, 2015 On a motion by Councilmember Barrett, seconded by Councilmember Smith, and carried by the following vote, the City Council approved the Mayor's recommendation on Policy 19: AYES: 4 COUNCILMEMBERS: Barrett, Haffa, Smith, Roberson NOES: 1 COUNCILMEMBERS: Downey ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None On a motion by Councilmember Downey, seconded by Councilmember Haffa, and carried by the following vote, the City Council approved Policy 20: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None On a motion by Councilmember Haffa, seconded by Councilmember Downey, and carried by the following vote, the City Council approved Policy 21: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None On a motion by Councilmember Downey, seconded by Councilmember Haffa, and carried by the following vote, the City Council approved Policy 22: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None On a motion by Councilmember Haffa, seconded by Councilmember Roberson, and carried by the following vote, the City Council adopted Resolution 15-056 C.S.as amended: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None CITY MANAGER REPORTS City Manager McCarthy reminded Council that there is a study session scheduled for next Wednesday to discuss the reconfiguration of Portola Plaza. 13 City Council Minutes Tuesday, March 17, 2015 ADJOURNMENT With no further business to come before the City Council, Mayor Roberson adjourned the meeting at 11:34 p.m. Respectfully Submitted, Approved, Bonnie Gawf Clyde Roberson Director of Information Resources / City Clerk Mayor 14