Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, December 16, 2014 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, Acting Human Resources Director, Chief of Planning, Engineering, and Environmental , Assistant Finance Director, Housing & Property Manager CALL TO ORDER Mayor Roberson called the meeting to order at 4:00 p.m. PRESENTATIONS 1. Recognition of Defense Language Institute Quarterly Joint Service Awards (City Manager - 701- 17) Action: Recognized Airman First Class John Andrew Faist Mayor Roberson read a Proclamation and presented it to Staff Sergeant Douglas, who accepted it on behalf of Airman First Class Faist. CONSENT ITEMS City Manager McCarthy advised the Mayor that there is a request to remove Item 9 from the Consent Agenda. On a motion by Councilmember Haffa, seconded by Councilmember Downey, and carried by the following vote, the City Council approved the Consent Agenda, except Item 9, which was removed for discussion: 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 2. December 2, 2014 (Information Resources - 701-09) Action: Approved  City Council Minutes Tuesday, December 16, 2014 Award of Contracts 3. Award Contract to Honeywell Building Solutions for Annual Energy Management Maintenance Service for the Federal Government Defense Manpower Data Center (DMDC)**** PMSA**** (Plans & Public Works - 701-03) Action: Adopted Resolution No. 14-224 C.S. 4. Award On-Call Electrical Engineering Services 2014-2016 Professional Service Agreements ***CIP/NIP/PMSA*** (Plans & Public Works - 405-04) Action: Adopted Resolution No. 14-225 C.S. and Resolution No. 14-226 C.S. Ordinances 5. 1st Reading to Amend Chapter 28 of the Monterey City Code to Authorize a Multiple Job Order Contract Process for Public Works Projects (Plans & Public Works - 701-11) Action: Passed Ordinance to print Resolutions 6. Amend FY 2014/2015 Capital Improvement Program (CIP) by Adding Projects Identified Within Measure P (Plans & Public Works - 406-03) Action: Adopted Resolution No. 14-227 C.S. 7. Authorizing the City Manager to Execute Agreements with the State Board of Equalization for Implementation of the City of Monterey's Street Infrastructure Rehabilitation Transactions and Use Tax (Measure P) (City Attorney - 701-13) Action: Adopted Resolution No. 14-228 C.S 8. Authorize Award of Contract to The Paul Davis Partnership Architects and Planners to Provide Architectural Services for Completing the Monterey Hotel Apartments at 406-410 Alvarado Street (Plans & Public Works - 704-05) Action: Adopted Resolution No. 14-229 C.S 9. Approve Representatives and Alternates for the Neighborhood Improvement Program for Calendar Year 2015 ***NIP*** (Plans & Public Works - 701-04) Action: Removed from Consent Staff reported that there is a request by the Villa Del Monte neighborhood to delay the appointment of Mr. Mucha. Councilmember Smith said that he knows most of the people on the list, but he would like to have an opportunity to meet all of the appointees including alternates. On question, Principal Engineer Krebs said that the first meeting of the NIP is scheduled for January 22nd, and there are onboarding processes that need to be completed before that date. Council discussed whether the candidates should be interviewed. Councilmember Smith suggested that two members of the Council meet with each candidate before the appointment. City Attorney Davi suggested that the Mayor appoint an ad hoc subcommittee to interview the applicants. Councilmember Haffa said that while he could support the interview process, individual appointees should not be vetoed by the City Council. Mayor Roberson opened the floor for public comments. Mary Kay Norsing, Aguajito Oaks, said that she would be very nervous about instituting an interview process because it is potentially 2  City Council Minutes Tuesday, December 16, 2014 stepping on the toes of the neighborhoods. She asked to receive information about the criteria that would be used. Nelson Vega agreed with Councilmember Haffa and said that the individuals should not be vetoed by the Council. Having no further requests to speak, Mayor Roberson closed public comment. Councilmember Barrett said that his preference would be to visit the NIP proceedings. Councilmember Downey said that it is more fiscally responsible for the Council to become more involved and perform more due diligence in this process. Councilmember Smith said that he wants to know the folks and their concerns, and this process would be an opportunity for a two- way conversation and exchange of ideas. Councilmember Barrett said that he would support the interview process. It was moved by Councilmember Smith, and seconded by Councilmember Downey, to direct that between now and January 10, a Council Subcommittee of two members meet with the recommended appointees for the purpose of dialogue and meeting the individuals: Councilmember Haffa said that after hearing the public he cannot the support the motion. He said that the best way to get to know the people is attend their neighborhood meetings. Mayor Roberson suggested that he could appoint Councilmembers Smith and Barrett to the ad hoc subcommittee. He said that the original intent of the NIP formation was to empower the neighborhoods and it has been successful. Councilmember Haffa said that would alleviate his concern. The motion carried by the following vote: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 10. Adopt a Resolution Implementing Changes in Benefits for Monterey Police Association (MPA) and Police Lieutenants’ Management Association (PLMA) (Human Resources - 507-01) Action: Adopted Resolution No. 14-230 C.S 11. Authorize Closed Session Conference Pursuant to Government Code Section 54956.8 with Real Property Negotiators Dino Pick, Chip Rerig, Rick Marvin and Janna Aldrete to Provide Lease Direction for Request to Terminate Lease Early at 380 Alvarado Street, Suite 102 (Monterey Rock and Roll Experience) (Plans & Public Works - 704-10) Action: Authorized 12. Approve Old Fisherman's Wharf Association's Request for an Extended Seven-Day Locals Holiday Parking Program in the Waterfront Parking Lot, Subsidized by the Parking Fund and Marina Fund, from December 17 - December 31, 2014 and December 1 – 31, 2015 (Public Facilities - 901-06) Action: Adopted Resolution No. 14-231 C.S Other 13. Recommendation for Appointments to the Architectural Review Committee, Colton Hall Museum Cultural Arts Commission, Historic Preservation Commission, and Parks and Recreation Commission (Information Resources - 701-06) Action: Appointed Board and Commission Members 3  City Council Minutes Tuesday, December 16, 2014 14. Reject Claims - Marilyn and Leroy Shepherd (Finance - 408-04) Action: Rejected claims ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Roberson opened the floor for public comments on items not on the agenda, no one came forward, and he closed public comments. City Manager McCarthy advised the Council that staff intends to ask Council to table Item 17 on this evening’s agenda. OTHER BUSINESS 15. Discuss Governance Issues and Make Appointments to Outside Agencies--Discussion will include Requirements for Outside Agency Participation, Council-Staff Communications, Brown Act, Closed Session Confidentiality, Monterey Charter Provisions, City Council Agendas and Proceedings, and Council and Commission Subcommittee Appointments (Information Resources - 701-01) Action: Discussed governance; approved amended list of appointments to outside agencies Mayor Roberson introduced the item. He explained the procedure of going through the City Manager, both publicly and privately. Councilmembers discussed how to agendize items and the possibility that any Councilmember could agendize an item, which would make it incumbent on that Councilmember to provide the written material. Mayor Roberson opened public comments on the item, and with no requests to speak, he returned the discussion to the dais. Councilmember Haffa agreed that it is important to keep the City Manager informed if a Councilmember talks with a staff member. Mayor Roberson referenced the Charter. Councilmember Downey said that she is dependent on staff who are assigned to outside agencies. On question from the Mayor, City Manager McCarthy said that in practice he is fine if Councilmembers talk with department heads, but he would like to be informed of those conversations. City Attorney Davi said that the Charter could be interpreted on a policy level as "City Manager or his designee." Councilmember Smith said that he rarely copies all Councilmembers in his email communications in deference to the Brown Act. Councilmember Haffa encouraged Council to let staff know in advance regarding their questions on Agenda items. Regarding Councilmember Comments, Councilmember Downey said that she uses them to send kudos to staff members, and she would like to broaden the Mayor's suggestion a little bit. Councilmember Barrett suggested that it might be an appropriate to request information from staff during Council Comments. Mayor Roberson suggested changing the past process for updating plans. He favored having staff do the work, without Commissioners or Councilmembers on a subcommittee. Councilmember Haffa supported the idea, saying that it is difficult to be objective when the 4 City Council Minutes Tuesday, December 16, 2014 matter comes to the higher board for a decision. Councilmember Downey said that she maintains a neutral stance on her subcommittees. She said that she observes Commission meetings, but it is important not to speak. She said it is helpful to staff to have policy makers on a subcommittee. Mayor Roberson said that any Councilmember can attend a subcommittee meeting, but appointing someone would preclude other Councilmembers from attending. He said that occasionally an appointee does not exercise neutrality. Councilmember Barrett said that while he understands that there are restrictions under the Brown Act, he is a private citizen and it is important to preserve First Amendment rights. Councilmember Downey said that as elected officials, Councilmembers give up some of their First Amendments rights. Councilmember Smith said that it is important that Councilmembers stay within their role and stay out of commissioners’ deliberations, but rather observe without commenting. He said that Councilmembers are recognized as such by others. Councilmember Barrett said that there is latitude for Councilmembers to attend public meetings as a private citizens and comment. He said that he would be uncomfortable with a policy that goes beyond the Brown Act. Mayor Roberson clarified that was not what he is suggesting. On question, City Attorney Davi explained how these issues affect due process. Councilmembers talked about judgment regarding meeting with the public. Councilmember Smith said that access to Councilmembers is fundamental and important. Councilmember Haffa said that he understands Mr. Smith's point, but it is important to be neutral. Mayor Roberson said he would bring back a Resolution memorializing City Charter Governance issues presented tonight. It was moved by Councilmember Haffa, and seconded by Councilmember Smith, to approve the recommended appointments to Outside Agencies. Councilmember Downey suggested amending the motion to remove the alternate position on Monterey Regional Waste Management District. The motion maker and seconder agreed with the amendment. Mayor Roberson opened public comment on the appointments, had not request to speak, and closed public comment. The motion carried by the following vote: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Council reconvened at 7:00 p.m., with all Councilmembers present. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. ANNOUNCEMENTS FROM CLOSED SESSION Mayor Roberson said that the afternoon session went a little long, and the closed session will be held at the end of tonight's meeting. 5  City Council Minutes Tuesday, December 16, 2014 WATER UPDATE Mayor Roberson said that there was no formal water update. Mayor Roberson opened public comment on the item, no one came forward, and he closed public comments. CONTINUED PUBLIC COMMENTS Mayor Roberson opened the floor for public comments on items not on the agenda. Darby Moss-Worth, Carmel Valley, asked Council to agendize an item to abolish corporate personhood. She and her accomplices sang a song in opposition to the commercialization of Christmas. Nina Beety voiced concerns regarding nuclear fallout from Fukushima spreading through the world. She said that Ukraine has a coal shortage due to the aggression of America. Having no further requests to speak, Mayor Roberson closed public comments. COUNCIL COMMENTS Ed Smith reported on last week's Monterey Peninsula Regional Water Authority meeting and urged people to attend those meetings. He thanked the City staff for their hard work during the recent storms. Councilmember Barrett reported that a neighborhood complaint regarding a construction site that was starting work too early in the morning has been resolved by staff. He thanked employees for their responsiveness. He said the YWCA does wonderful work in the community, and they are starting a new speaker series, “Courageous Conversations,” regarding racial and socio-economic justice. Councilmember Downey thanked Norm Green for searching through a garbage can for her during a downpour. She noted that Dino Pick worked alongside his employees and CERT during the recent storm. Councilmember Haffa spoke about the Van Buren senior affordable housing project, saying that if we don't move forward with it the City would lose $1.3 million. He said there is a great need for affordable housing here, especially for seniors. He said that Monterey has an obligation to build affordable housing, and he hopes the new Councilmembers will give it serious thought. Mayor Roberson noted that there is a staff recommendation to continue Item 17 to January 20, 2015. STUDY SESSION 16. Adjourn to Joint Study Session of the City Council, Architectural Review Committee, and Planning Commission to Receive Report on the Monterey Conference Center Renovation and Upgrade Project and Initial Architectural Design (Public Facilities - 902-01) Planning Commission: Architectural Review Committee: Willard McCrone, Chair Terry Latasa, Chair Luis Osorio, Vice Chair Sandra Freeman, Vice Chair Paul W. Davis Mike Dawson Leon Garden Charles Kimzey Hansen Reed Don Searle David Stocker Peter Silva Ralph Widmar 6 City Council Minutes Tuesday, December 16, 2014 Action: Received and discussed report Mayor Roberson introduced the item. Information Resources Director/City Clerk Gawf called the roll. All Planning Commissioners and ARC Members except two were present. Silva and Latasa were absent. Community Services Director Bui Burton gave an overview and introduced the architect, Michael Duncan of Skidmore Owings, and Merrill. Mr. Duncan gave a detailed presentation. ARC Member Freeman asked about the impact on views and if the owner of the Portola Plaza had been contacted, and Mr. Duncan said informal meeting with Portola Plaza indicate they will work with the City. ARC Member Dawson noted that this building looks a bit like a building on Alvarado and he said he would steer away from that style. ARC Member Kimzey asked how the public space on the Portola Plaza would be independent from the hotel drop off, and Mr. Duncan explained. On question from Mr. Kimzey, Mr. Duncan explained that the mezzanine level might be a possible site for an art gallery.ARC Member Searle asked about the ability to move the mural, and whether it would fit with the new design. Mr. Duncan reviewed the current plans for the relocation of the mural. On question from Planning Commission Chair McCrone, Mr. Duncan explained that he believes the Monterey style can be captured in a more contemporary building. On question from Planning Commissioner Reid, Mr. Duncan said the goal is to make the building appealing to both customers and citizens. On question by Councilmember Haffa, Mr. Duncan said the balcony can be more pronounced. He said that the final finish might be more adobe-like. On question by Councilmember Downey, Mr. Duncan that there is not an opportunity for a Bay view at the current building height. On question by Councilmember Barrett, Mr. Duncan said that it would be possible to use Carmel stone for the facade. Mr. Duncan said that inclusion of a water element in the plaza is open for discussion. On question from Councilmember Smith, Mr. Duncan explained that there might be an opportunity to slightly redesign the pedestrian bridge to the Marriott, and he explained where the bollards might be located. He said that there might be opportunities to incorporate terra cotta tiles. Mr. Smith suggested that instead of a fountain, a "bleeding" rock might be more appropriate. On question from the Mayor, Mr. Duncan said that the large opening doors are to create a connection between the inside and outside. On further question, he said that his group came into the project with the goal to create a 21st Century building with DNA drawn from Monterey. Mayor Roberson called a recess at 8:30 p.m., then reconvened the meeting at 8:46 p.m. Mayor Roberson opened public comment on the item, asking to hear how people like the design. Nelson Vega said that it is a beautiful building and would have enormous appeal at night time. He asked Council to leave it in the architect's hands. Rene Boskoff, General Manager of the Monterey Marriott, said that his feelings have changed and he mentioned some of the positive aspects of the design, including the ability to see that it is busy. He said that the large conference groups book several years in advance, and we have to give them notice when we will reopen because millions of dollars are at stake. He asked Council to provide clear direction. 7 City Council Minutes Tuesday, December 16, 2014 Sam Teel, Chairman of the Monterey Hospitality Association, said the original Conference Center project was controversial, and has been a great benefit. He supported the current project, and asked Council to get it done quickly. Jim Greer, Portola Hotel, said that the original Conference Center has been a tremendous economic driver, but has become obsolete. He encouraged Council to give the consultants some leeway to create a 21st Century building. He stressed the urgency of getting the project completed on time. Gary Cursio, Monterey County Hospitality Association, said that the architects are off to a good start, but it is important to keep the clients in mind, such as Google, Apple and other high-tech industries. He said time is of the essence. Tammy Blount, Monterey County Convention and Visitors Bureau, agreed with the comments from the previous speakers. She stressed that there is a certain sense of urgency, and she said the design is appealing to the customers and is complimentary to the Downtown. With no further requests to speak, Mayor Roberson closed public comments. He recognized ARC Member Dawson, who said the stone should be called "Monterey Shale,” not Carmel stone. ARC Member Searle said that the design is strong and the quality of the light in the building is amazing. He said the scale of the base is appropriate and presents a friendly appearance to the street. He supported redesigning the bridge or removing it. He suggested expanding the building over the street. ARC Member Freeman agreed that the bridge ruins the look of the building. She suggested changing the roof line to bring in a Monterey element. ARC Member Kimzey said this is critically important to the City. He said that this design does not remotely capture the Monterey character and is not suitable for Monterey. He asked that the design be made more compatible with the historic nature of the City. He suggested that there should not be parking in the center of the Plaza. Planning Commissioner McCrone said that the exterior design is critical to completing the Downtown Master Plan and integrating it with the waterfront. He said that he does not think this design works with the Monterey style, particularly the flat roof and angular columns. He suggested a copula or observation deck could offer views of the water. He said that he likes the bridge. Planning Commissioner Stocker said the space planning is brilliant. He said that the current building does not bring life to the City, but the new design is a dramatic, functional change. He said this was designed from the inside-out. He supported adding stonework and texture. He said that being able to see the balcony would improve the look, and the building fits in well with the surrounding buildings. Planning Commissioner Osorio said that Portola Plaza needs to be the foyer to the City and extend a welcome mat. He agreed that parking is probably not needed in that plaza. He said that the building fits into the topography, the lines are clean, and it opens into the Plaza and surrounding views. Planning Commissioner Davis spoke in support of the design. Planning Commissioner Widmar supported the design, and suggested that the loading area be considered for redesign. He said that it is important to have the latest technology and Wi-Fi connections. He suggested that the roof line could be modified. Planning Commissioner Garden said that he supports opening up the building, but the area that needs more detail is the functionality and use of the Portola Plaza. Councilmember Haffa said that he believes this is a really good direction, especially the sense of openness and light. He said that the site necessitates a modern style building. He said that the choice of materials could help with the Monterey element, possibly darker or more rustic stone and more visible balconies. He said that the Plaza details need to be worked out and it is important not to do too much. He encouraged Council to move ahead with this design. Councilmember Downey said that it is important to broaden our horizons. She said that she generally likes more traditional architectural styles, but that is not appropriate for this project. 8  City Council Minutes Tuesday, December 16, 2014 She said that she likes the windows and thinks it will be beautiful at night. She said that if it is possible, it would be great to have a water view. She encouraged Council to move forward. Councilmember Barrett said that he is very excited about the project that will create vitality in the Downtown. He said that the design seems to lighten the load on that corner without reducing functional space. He supported preserving pedestrian pathways and making them more inviting. He supported the "secret" garden spaces and the permeability of the building. He said that he hopes to hear more about the technology improvements that will be made, and he would like to review more details about the Plaza. He said he appreciates the texture of the stone and tall glass doors. He suggested recessing the loading dock. Councilmember Smith noted that Council received letters from the Chamber of Commerce and the Hyatt General Manager, both of which support the design. Mr. Smith said that the longer he looks at the building, the more comfortable he is with it. He said that this design is in direct contrast to the current building. He said that this building is for the future, and it is important not to take shortcuts and lose the opportunity to connect with future generations. He said this building is state of the art and needs to have innovation. He said it is important to get more input, but this is a good start and it has that "Wow!" factor. He suggested softening the second story and a more prominent sign placement. He asked for more detail on the Portola Plaza, the removal of the bus stop and more thought regarding the loading dock. Mayor Roberson said that functionality is important and he likes lots of windows He said that he does not see Monterey in this design. He showed photographs of buildings in town that exhibit the Monterey Character and have lots of light, windows, and functionality that capture the Monterey character. He suggested changing the roof element and adding balconies and breaking up the texture of the building. Councilmember Haffa suggested adding a roof line and a more prominent sense of a handrail. Mayor Roberson said that he is not an obstructionist of something that needs to happen, but will continue to express his opinion. On question, Mr. Duncan said that the roof line is partly a function of the cost. He said that mechanical elements are also a consideration. He said that he will continue to look at options, including the handrail issue. He noted that there is more work to be done on the Plaza, and flexibility is a piece of the design. Mayor Roberson adjourned the joint meeting at 10:07 p.m. He reconvened the City Council at 10:13 p.m. PUBLIC APPEARANCE 17. Reconsideration of the City Council's November 18, 2014 Decision: Approving Additional Water for 449 Calle Principal and Extending the Water Pre-commitment for 24 months (Resolution No. 14-208); Extending Water Pre-commitment for 520-522 Fremont for 24 months (Resolution No. 14-209); Declining to Extend the Water Allocation for 2201 North Fremont; and Directing Staff to Release a Request for Proposals for the Remaining Water Allocation (Plans & Public Works - 203-07) Action: Continued to January 20, 2015 City Manager McCarthy explained that there is an error in the staff report and his meeting with CalAm was canceled due to the storm. It was moved by Councilmember Downey, and seconded by Councilmember Haffa, to continue the item to January 20, 2015. The motion was withdrawn so public comment could be heard. 9 City Council Minutes Tuesday, December 16, 2014 Mayor Roberson opened public comment on the item. Nelson Vega said that he has a set of plans ready to go and the project should be in architectural review by the time this comes back to Council. With no further requests to speak, Mayor Roberson closed public comments. On a motion by Councilmember Downey, seconded by Councilmember Haffa, and carried by the following vote, the City Council continued the item to January 20, 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 Mayor Roberson read the closed session title and opened public comment on the matter. There were no requests to speak. He closed public comments. CITY MANAGER REPORTS City Manager McCarthy announced that Police Lieutenant Leslie Sonne is retiring at the end of the year. He said that Michele Maloney, Acting Human Resources Director, is also retiring. Councilmember Smith said that he had the privilege of working with Ms. Sonne and she has served the community very well. Council adjourned to closed session at 10:20 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that Council gave unanimous confidential direction to their negotiators in their conference with real property negotiators regarding property at 380 Alvarado Street, Suite 102 request for early lease termination ADJOURNMENT Council adjourned at 10:47 p.m. Respectfully Submitted, Approved, Bonnie Gawf Clyde Roberson Director of Information Resources / City Clerk Mayor 10