Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, March 18, 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 Downey, Haffa, Selfridge, Sollecito, Della Sala Absent: None City Staff Interim City Manager, Director of Information Resources/City Clerk, City Present: Attorney, Deputy City Manager, Plans & Public Works, Chief of Planning, Engineering, and Environmental , Interim Finance Director, Community Services Director, Police Chief, Housing & Property Manager, City Engineer, Fire Chief, Human Resources Analyst, Benefits Manager, Communications and Outreach Manager CALL TO ORDER Mayor Della Sala called the meeting to order at 4:00 p.m. COUNCIL COMMENTS Councilmember Selfridge asked if the badly patched asphalt on Hartnell Street is going to be repaired soon, and staff said they would check. Councilmember Sollecito reported that TAMC is awarding approximately $250,000 additional for surface streets to Monterey on a one-time basis. Councilmember Haffa announced that Dr. Richard Kezirian is being honored by MPC on Friday May 16 for establishing the MPC Foundation and the Gentrain program. Councilmember Downey applauded Dr. Kezirian, saying that she has taken classes just to be taught by him. Mayor Della Sala announced that a couple who owns the Fox Theater in Redwood City has offered to purchase the Golden State Theatre. He noted that Council’s interest and involvement has likely helped the process along. Councilmember Downey said that the Golden State Theatre Subcommittee has met with the individuals who are buying it, and are very hopeful. She noted that there is a very long escrow and they will be watching the matter closely. 1. Councilmember Request for Reconsideration of Council Vote from March 4, 2014 Appropriating Funds for a Feasibility Assessment for a Possible Revenue Ballot Measure (Selfridge - 701-01) Action: No action; motion to agendize failed (2-3; Haffa, Sollecito, and Della Sala voting no) Councilmember Selfridge said that she had many members of the public express doubt about the need to raise sales tax. She asked if it is possible to stop the survey process at this time, and staff said that some work has already been done, but it could be suspended if Council votes to reconsider.  City Council Minutes Tuesday, March 18, 2014 Councilmember Haffa said that Council needs to demonstrate a need, but he believes that if there is a citizens’ advisory panel they could give feedback on this issue. He said that because we are moving forward with the advisory panel and the RFP has already gone out, he favors moving forward. Councilmember Sollecito said that this is an effort to take the matter to the community, they will have an opportunity to vote, and there is nothing to fear. Councilmember Downey said that the budget committee should go forward now. Mayor Della Sala opened public comment on the item. Nelson Vega displayed a list of City employees’ total compensation and said that the Council needs to reduce salaries rather than raise taxes. Having no further requests to speak, Mayor Della Sala closed public comment. He disclosed that he met with Mr. Vega and discussed these issues last week. It was moved by Councilmember Selfridge, and seconded by Councilmember Downey, to agendize a reconsideration of the Council vote from March 4, 2014 appropriating funds for a feasibility assessment for a possible revenue ballot measure. Councilmember Sollecito said that Monterey pays the average among comparable cities, and it is important to pay a fair amount in order to get quality employees. He said that it is important to give people a choice in this matter by allowing them to vote. Mayor Della Sala said that the feasibility assessment merely takes the pulse of the City on their willingness to pay in order to maintain a quality of life. He noted that Monterey has been responsible in that the City does not pay the employees' share of the pension costs or retiree medical expenses. Councilmember Haffa thanked Mr. Vega for speaking. He said that Monterey should ask the public what they think and determine how or whether to craft a sales tax measure. Councilmember Selfridge said that she wants to make sure that the survey is structured in an objective and accurate way. 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 PRESENTATIONS 2. Presentation to Retiring Architectural Review Committee Member Boris Jacoubowsky (City Manager - 701-17) Action: Presented Proclamation Mayor Della Sala read a Proclamation honoring Mr. Jacoubowsky and presented it. Mr. Jacoubowsky made brief remarks. CONSENT ITEMS Interim City Manager McCarthy said that staff would like to make a correction on Item 5, members of the community have asked to remove Items 7 and 10 from the Consent Agenda, and a Councilmember has requested to remove Item 16. Chief of Planning Rerig corrected a typographic mathematic error on Item 5. 2  City Council Minutes Tuesday, March 18, 2014 On a motion by Councilmember Sollecito, seconded by Councilmember Haffa, and carried by the following vote except Item 9 from which Mayor Della abstained, the City Council approved the Consent Agenda, except Items 7, 10 and 16: 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 3. March 4, 2014 (Information Resources - 701-09) Action: Approved Award of Contracts 4. Award Generator Maintenance Service Contract for the Federal Government Defense Manpower Data Center (DMDC) (Plans & Public Works - 405-04) Action: Adopted Resolution No. 14-040 C.S. 5. Award Municipal Improvements On-Call Contract 2014 (Plans & Public Works - 405-04) Action: Adopted Resolution No. 14-041 C.S. Ordinances 6. 2nd Reading – Amend Monterey City Code Section 20-48.4, Subsections (a) and (b), to Allow Bicycles on the Alvarado Mall (Plans & Public Works - 203-07) Action: Adopted Ordinance No. 3494 7. 2nd Reading – Amend Monterey City Code Section 20-74 Pertaining to Peddling Food from the Public Right-of-Way; Amend Monterey City Code Section 32-3 to be Consistent with Monterey City Code Section 20-74 Providing That Section 32-3 Does Not Regulate Public Streets (City Attorney - 607-11) Action: Removed from Consent; discussed; continued to April 1, 2014 Assistant City Attorney Salemeh presented the staff report and answered questions. Councilmember Sollecito said that he would like to review what other cities have done, particularly in regard to historic districts. Ms. Salemeh said that the authority to regulate this activity on public streets is limited. Mr. Rerig suggested that Council adopt the ordinance, observe how it works, and strengthen it if needed. Mayor Della Sala opened public comments on the item. Michelle Knight, President of Cannery Row Business Association, voiced concerns that Cannery Row would be negatively impacted by this ordinance. She said that the issue deserves more study and creativity in creating safeguards. She asked Council to table the ordinance. On question, City Attorney Davi recommended passing the ordinance and strengthening it later if there are problems due to the unconstitutionality of the current laws. Sharon Dwight, New Monterey resident, asked if non profits or kids selling lemonade would be cited. With no further requests to speak, Mayor Della Sala closed public comments and offered a compromise of continuing the item to next meeting. 3  City Council Minutes Tuesday, March 18, 2014 On a motion by Mayor Della Sala, seconded by Councilmember Downey, and carried by the following vote, the City Council continued the 2nd Reading of an ordinance amending Monterey City Code Section 20-74 to the April 1, 2014 meeting: 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 Councilmember Haffa cautioned that the law prohibits the City from "protecting" businesses. 8. 2nd Reading – Amend Monterey City Code Section 38-22 Through 38-25 to Delete Limitation That There be No More Than Two Boarders or Lodgers in a Single Family Residence (City Attorney - 904-07) Action: Adopted Ordinance No. 3495 9. 2nd Reading – Levy the Conference Center Facilities District No. 2013-1 Special Tax, Providing Funding for the Monterey Conference Center Renovation and Upgrade Project (Public Facilities - 407-08) Action: Adopted Ordinance No. 3496 (4-0-1; Della Sala abstaining) Resolutions 10. Adopt Amendments to Unrepresented Regular Part-time (RPT) Employee Benefits (Human Resources - 507-08) Action: Removed from Consent; discussed; adopted Resolution No. 14-042 C.S. Employee Relations Manager Jones presented the staff report and answered Councilmembers' questions. Mayor Della Sala opened public comment on the item. Nelson Vega asked about the distribution of the regular part time employees across the City, and if there are any retired employees who are RPTs. Having no further requests to speak, the Mayor returned the discussion to the Council. Staff clarified the distribution and status of RPT employees. On a motion by Councilmember Haffa, seconded by Councilmember Sollecito, and carried by the following vote, the City Council adopted Resolution No. 14-042 C.S. approving amendments to unrepresented Regular Part-time (RPT) employee benefits: 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 11. Authorize Waiver of Fees for 2nd Annual Monterey Beach Open Volleyball Tournament on August 1-3, 2014 (Recreation & Community Services - 407-06) Action: Adopted Resolution No. 14-043 C.S. 4  City Council Minutes Tuesday, March 18, 2014 12. Authorize Closed Session Conference Pursuant to Government Code Section 54956.8 with City Real Property Negotiators Chip Rerig, Rick Marvin, Janna Aldrete and Will Sterling to Provide Negotiating Direction for Lease of 693 Del Monte Avenue (Monterey Bay Kayaks) (Plans & Public Works - 206-03) Action: Authorized. 13. Approve Application for California Energy Commission Energy Partnership Program to Evaluate Engineering Services Rendered by Siemens Industry, Inc. (Plans & Public Works - 409-02) Action: Adopted Resolution No. 14-044 C.S. 14. Authorize Waiver of Fees for Gateway Center of Monterey to Use the Waterfront Community Room on Saturday, May 10, 2014 (Recreation & Community Services - 407-06) Action: Adopted Resolution No. 14-045 C.S. 15. Award Contract for Koha Integrated Library System Migration, Training, Hosting, Maintenance, and Support to ByWater Solutions, LLC, and Appropriate Funds in the Library Trust Fund (Library - 405-04) Action: Adopted Resolution No. 14-046 C.S. 16. Approve $1,500,000 Loan from the Parking Fund to the Capital Projects Fund, With Repayment to the Parking Fund Upon Bond Issuance for the Monterey Conference Center Renovation and Upgrade Project (Public Facilities - 406-04) Action: Removed from Consent; discussed; adopted Resolution No. 14-047 C.S. (4-0-1; Della Sala not participating) Mayor Della Sala recused himself due to a potential conflict of interest, handed the gavel to Vice Mayor Sollecito, and left the Chamber. Community Services Director Bui Burton presented the staff report and answered questions with the assistance of Interim Finance Director Statler. Councilmember Downey said that she hopes we can work with State Theatre to fill the need for an auditorium when the Steinbeck Forum is gone. Vice Mayor Sollecito opened public comment on the item. Renee Boskoff, General Manager of the Monterey Marriott, said that this seed money would allow the project to start right away. He said that he is receiving questions from meeting planners regarding the timeline for the project, so it is critical to start as soon as possible. Nelson Vega supported the previous speaker's comments, noting that the faster the project is started, the more cost effective it will be. Janine Chicourrat, General Manager of the Portola Hotel and Spa, supported moving ahead as quickly as possible. With no further requests to speak, Mayor Della Sala returned the discussion to the dais. On a motion by Councilmember Downey, seconded by Councilmember Haffa, and carried by the following vote, the City Council adopted Resolution No. 14-0-47 C.S., approving a $1,500,000 loan from the Parking Fund to the Capital Projects Fund, with repayment to the Parking Fund upon bond issuance for the Monterey Conference Center Renovation and Upgrade Project: AYES: 4 COUNCILMEMBERS: Downey, Haffa, Selfridge, Sollecito NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 1 COUNCILMEMBERS: Della Sala 5  City Council Minutes Tuesday, March 18, 2014 Other 17. Authorize Water Allocation of 0.103 Acre Feet to 542 Lighthouse Avenue from City’s Economic and Environmental Sustainability Allocation; Property Owner Louis Cosentino for Ligna II, LP; Exempt from CEQA Requirements. (Plans & Public Works - 203-01) Action: Adopted Resolution No. 14-048 C.S. 18. Recommendation for Appointment to Architectural Review Committee (Council Subcommittee - 701-06) Action: Appointed Searle to the ARC with a term expiring June 30, 2014 ***End of Consent Agenda*** PUBLIC COMMENTS Mayor Della Sala opened the floor for public comments on items not on the agenda. Steven Irwin, Monterey resident, said that vacations are an opportunity to get away and refresh, and he voiced concerns that managers who accrue too much leave are not effective. He asked Council to review accrued vacation periodically. Charlene Carter, Monterey resident, referenced an article in the Monterey County Weekly regarding short term rentals and urged Council to allow short term rentals within the City, thereby increasing revenue from increased TOT. She offered to volunteer to help. Chuck Carter reviewed some difficulties he has had with long term rentals, saying that there is less liability and more money with short term rentals. He said that allowing short term rentals would enhance revenues. Sharon Dwight, President of New Monterey Neighborhood Association, asked Council to readopt policies and guidelines that were improperly adopted years ago. She said that short term rentals have been a headache in New Monterey due to parking and noise impacts. Having no further requests to speak, Mayor Della Sala closed public comment and called a recess at 5:36 p.m. He noted that Item 19 would be heard after evening public comments. Mayor Della Sala called the meeting back to order at 7:02 p.m. All Councilmembers were present. WATER UPDATE Jim Cullem reported on a March 13th public hearing where the Water Authority discussed Measure O, decided that there was not enough time to properly analyze the measure, and decided not to take a position on it. He said that the Board voted unanimously to pursue a one- year contract extension for Executive Director Services. Mr. Cullem said that SB 936 was introduced on February 3 in an effort to save ratepayers money on water bills through public financing. He said that samples have been taken from both boreholes at the CEMEX site. Executive Director Cullem said that Cal Am is working with the City of Marina to complete the environmental work on the coastal permit for the test well. He said that the Best Management Practices used to set rates are conducted on the honor system, but that might change if rationing were to go into effect. He said information on rates can be found on the Cal Am web site. He reported that radiological contamination is checked during routine testing of drinking water. Councilmember Haffa said he is glad to hear that the Water Authority has not taken a position on Measure O because they are relied upon to provide objective information and decisions. Councilmember Selfridge asked staff to have the name of the person who will be dealing with spikes in water bills forwarded to the Council. 6  City Council Minutes Tuesday, March 18, 2014 Mayor Della Sala opened the floor for public comments. Nelson Vega asked about a recent court filing regarding the "old" desal project. He said that he believes it would be valid for the Mayors to take a position on the ballot measure. Demetrius Castros asked Council to pass a Resolution urging Cal Am to change their policy regarding spiked water bills so rather than sending out a spiked bill, they would send a bill for the average water costs. Mayor Della Sala said that Cal Am is looking at changing their policy in this area. Having no further requests to speak, Mayor Della Sala closed public comments. Mayor Della Sala gave a brief report on the public hearing regarding Measure O and said that the Board is keenly focused on developing a new water source. He said that now is not the time to consider a public buy out. CONTINUED PUBLIC COMMENTS Charlene Carter, Monterey resident spoke again in support of Monterey adopting an ordinance allowing short term rentals. Mayor Della Sala noted that individual speakers should make their public comments during either the afternoon or evening session, but not both. Nelson Vega referenced a 24 percent salary increase several years ago, and suggested that the City put a budget committee in place to give oversight to employees' compensation. Mayor Della Sala clarified that the 24 percent increase referenced earlier was an increase for public safety over three years because Monterey's compensation was 30 percent below the average and there were many vacancies in the Police Department at that time. Eric Lochtefeld announced that he and his wife are in escrow on the Golden State Theatre, they are excited to get to know the neighborhood, and are planning to move to Monterey. He said that they are looking forward to getting to know the community and helping the economic development of Downtown. Lori Lochtefeld said that her team is already working on programs for the Golden State, with the first one coming in May. With no further requests to speak, Mayor Della Sala closed public comment. PUBLIC APPEARANCE 19. Review and Comment on Neighborhood Improvement Program (NIP) Proposed FY 2014/15 Projects ***NIP*** (Plans & Public Works - 808-01) Action: Reviewed and commented on proposed NIP projects for FY 2014/15 City Engineer Reeves presented the staff report, saying that the NIP has included projects specifically and generally recommended by the City Council. Mayor Della Sala opened public comment on the item. Sharon Dwight, Alternate NIP Spokesperson, reported that the NIP has been funding going through sections of the greenbelt each year for fire control purposes. She asked if the Council would like NIP to set money aside for a study of a homeless campground. She reviewed a potential public benefit for fixing driveways. She asked Council if they want the NIP to consider the street sign project. She reviewed details of the greenbelt at the top of David Avenue. Having no further requests to speak, Mayor Della Sala closed public comments. 7  City Council Minutes Tuesday, March 18, 2014 PRESENTATIONS 20. Review the City’s Sign Ordinance (Monterey City Code section 34-1 et seq.) and Provide Direction on Whether to Revise the Regulations Applicable to Signs on City Property (City Attorney -701-15) Action: Reviewed Ordinance and gave direction to staff to review possible prohibition on areas such as sidewalks, designated parks and medians and include opportunity areas in the greater Downtown and bring a recommendation back to the Council City Attorney Davi presented the staff report and answered Councilmembers' questions. On question, she clarified that any type of sign would be prohibited if Council enacts a prohibition. Mayor Della Sala suggested prohibiting signs in the medians, on sidewalks and in parks as a safety matter. Council Discussed the potential for including Colton Hall lawn. Mayor Della Sala opened public comment on the item. Sharon Dwight said that restricting signs puts new candidates at a disadvantage. She agreed that signs should not be placed in medians. Kim McHale, Monterey Produce owner, said that the market will celebrate its first year tomorrow without a sign, saying that she has encountered problems with the City in obtaining a sign for her business. Frederique McHale agreed with the previous speaker and said that many people wonder why they don't have a sign. Mayor Della Sala closed public comment on the item. Councilmember Haffa said that he is OK with continuing with the current regulation, but he supports safety. It was moved by Councilmember Sollecito, and seconded by Councilmember Haffa, to direct staff not to draft a new ordinance regarding signs: Councilmember Downey said that she would not support the motion. Mayor Della Sala said that he would suggest asking staff to look at locations where signs could be placed. The motion failed by the following vote: AYES: 2 COUNCILMEMBERS: Haffa, Sollecito NOES: 3 COUNCILMEMBERS: Downey, Selfridge, Della Sala ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None On a motion by Mayor Della Sala, seconded by Councilmember Downey, and carried by the following vote, the City Council directed staff to review an ordinance that would amend Monterey City Code section 34-1 et. seq., prohibiting ground mounted signs in medians, sidewalks, and parks, and to include a map indicating opportunity areas in the greater Downtown where signs could be safely placed: 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 8  City Council Minutes Tuesday, March 18, 2014 Councilmember Sollecito asked that Council keep in mind the small business man. Mayor Della Sala called a recess at 8:40 p.m., then reconvened the meeting at 8:46 p.m. PUBLIC HEARING 21. Appeal 230 Lighthouse Avenue - Planning Commission Decision that Approved a New Mixed Use Project Consisting of Use Permits for Mixed Use, Density Above 30 Units/Acre, Height Above 25 Feet, Lot Coverage Above 50%, and Parking Adjustment for 3 Spaces; Appellant New Monterey Neighborhood Association; Owner Carl Outzen; C-2 Zoning District; Finding of No Further Review for CEQA (Plans & Public Works - 203-02) Action: Adopted Resolution No. 14-049 C.S. denying the appeal and upholding the Planning Commission decision to approve the project with amendments to require third story setbacks of a minimum of six feet Principal Planner Brown presented the staff report and answered Councilmembers' questions. Mayor Della Sala recognized the appellant. Sharon Dwight, New Monterey Homeowners Association presented an appeal to the development's height, view impacts, density, and parking. She asked Council to reduce the number of units and return the project to the Planning Commission. Howard Fosler, representing the New Monterey Neighborhood Association, said that while it is a great project, it is too big and has been allowed too many exceptions. He addressed concerns regarding traffic and parking. Mayor Della Sala opened the floor to the applicant. Henry Ruhnke, Wald Ruhnke and Dost, spoke representing the developer, reviewing the plans and confirming that they are willing to work with the ARC and increase the third story setback. Carl Outzen, property owner, said that this project would provide needed and required housing in the City. He said that he is passionate about this project and he has not asked for a single variance. Mayor Della Sala opened general public comment on the item. Brendon Macalariat, New Monterey Neighborhood Association, said that he is in favor of the project, but there are concerns about parking, traffic, and view obstruction. Rick Johnson, Administrator of New Monterey Business Association, said that his board supports the project, the staff recommendation, and the Planning Commission recommendation. He noted that Mr. Outzen has been financially and personally involved in redeveloping Lighthouse Avenue. Bob Massaro, Executive Director of MCPOA, said that his board also supports this project, and that it would be a great improvement over the existing conditions. Nancy Runyon, New Monterey Neighborhood Association Board, said that she is sure that the project will be well done, but she is most concerned about traffic. She suggested access via Foam Street. Nelson Vega, MCPOA member, spoke in support of Mr. Outzen and the project. Jane Haynes, retired land use attorney, said that the project is a perfect example of good urban planning and she asked Council to approve the project. Dan Albert said that he can't believe that this is the first time he agrees with Nelson Vega. He said that there is a tremendous amount of pride in Mr. Outzen's work, and he urged approval and moving the project on to the ARC. With no further requests to speak, Mayor Della Sala closed public comment. Councilmember Sollecito said that in order to obtain the needed housing it will be necessary to increase the number of stories. He said that he trusts the Planning Commission. 9 City Council Minutes Tuesday, March 18, 2014 It was moved by Councilmember Downey, and seconded by Councilmember Sollecito, to deny the appeal of a Planning Commission decision approving a new mixed use project at 230 Lighthouse; and direct staff to forward the project to the ARC. Councilmember Haffa said that while he respects Mr. Outzen and agrees with many of the principals addressed by this project, but his concern is about how we increase the height of buildings. He said that apparently people don't trust the City. He said that he wants to support the project, but he believes the Council must look at the traffic impact on Lighthouse. He said that he can't support the motion and does not believe that the current design is compatible. Councilmember Selfridge said that she wants this development, but she wants to be assured that the ARC can fix the modulation issue, particularly on Building B. Chief of Planning Rerig reviewed the Conditions of Approval that address that issue. Ms. Selfridge said that she is OK with three stories and the number of issues, but she is concerned about the entrance. Mayor Della Sala said that he has great respect for the developer, and his major concern with the project is the setback of the third story. He suggested amending the motion to include City Council direction to the ARC to require a minimum setback of ten feet on the third floor. Councilmember Downey asked Mr. Ruhnke if the ten foot designation would create a problem for the design. Mr. Ruhnke said that he would not want to be limited by a certain number, but rather have more flexibility in the design of the third floor. Mayor Della Sala asked if an average of ten feet with a minimum of six would be better. The motion maker and seconder agreed to amend the motion to direct the ARC to require a minimum six foot setback on the third floor or the same distance as is used on the former French Glass building. Councilmember Sollecito urged individuals to make sure they let people know up front what is expected rather than wait until the last minute. Councilmember Downey amended the motion to direct a minimum setback of six feet and the seconder agreed. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Downey, Selfridge, Sollecito, Della Sala NOES: 1 COUNCILMEMBERS: Haffa ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None It was moved by Councilmember Selfridge, to waive the appellant's fee, and the motion died for lack of a second. CITY MANAGER REPORTS Interim City Manager McCarthy reminded Council of the upcoming Study Session on March 26, and reported that interviews to fill the Finance Director and Library Director positions would start next week. Mayor Della Sala opened the floor for public comments on the closed session items. Nelson Vega asked how Colonel Pick got on the list to be considered for the City Manager's position and said the process was not fair. Mayor Della Sala closed public comment. 10 City Council Minutes Tuesday, March 18, 2014 Council adjourned to closed session at 10:56 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf reported that on a roll call vote the Council gave unanimous confidential direction to their legal counsel in a conference with legal counsel regarding existing litigation, case name: Fenwick vs. City of Monterey (Workers’ Compensation Appeals Board). She said that on a unanimous roll call vote Council gave instructions in a conference with labor negotiators Bill Avery and Michele Maloney, regarding an unrepresented employee, potential City Manager, and consideration of public appointment of an unrepresented employee, prospective City Manager applicants. Ms. Gawf said that Council did not discuss the third closed session item, a conference with property negotiators, due to the lateness of the hour. ADJOURNMENT Having no further business to come before the City Council, Mayor Della Sala adjourned the meeting at 11:53 p.m. Respectfully Submitted, Approved, Bonnie Gawf Chuck Della Sala Director of Information Resources / City Clerk Mayor 11