Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, July 21, 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, Library Director, Interim Human Resources Director, Chief of Planning, Engineering, and Environmental Compliance, Principal Planner, Housing & Property Manager, Traffic Engineer, Harbormaster, Principal Engineer, Communications and Outreach Manager, Principal Engineer CALL TO ORDER Mayor Roberson called the meeting to order at 4:00 p.m. PRESENTATIONS 1. Present 2014 Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting (Finance - 701-17) Action: Presented certificate Finance Director Forbis explained the importance of the award and introduced Finance Department staff. Mayor Roberson presented the Certificate of Achievement to the staff. CONSENT ITEMS Mayor Roberson had requests to removed items 10, 11, and 12 from the Consent Agenda. Staff answered Councilmembers' questions regarding Consent items. On a motion by Councilmember Haffa, seconded by Councilmember Smith, and carried by the following vote, the City Council approved the Consent Agenda except Items 10, 11, and 12, which were 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. June 24, 2015 (Information Resources - 701-09) Action: Approved  City Council Minutes Tuesday, July 21, 2015 3. July 7, 2015 (Information Resources - 701-09) Action: Approved Award of Contracts 4. Award Repair Deteriorating Showers for Building 629 A & B at the Presidio of Monterey ****PMSA**** (Plans & Public Works - 701-02) Action: Adopted Resolution No. 15-137 C.S. 5. Award a Construction Contract for the Ord Military Community(OMC) B-4280 Roof Replacement Project ***PMSA*** (Plans & Public Works - 807-02) Action: Adopted Resolution No. 15-138 C.S. Ordinances 6. 2nd Reading – Adopt Monterey City Code Chapter 9, Article 9, to Create an Expedited, Streamlined Permit and Inspection Process for Small Rooftop Solar Systems (Plans & Public Works - 202-01) Action: Adopted Ordinance No. 3520 Resolutions 7. Amend Resolution 15-048 C.S. Changing the Position Control List for the Plans and Public Works Department by extending one (1) Building Maintenance Craftsworker Overfill Position in the Presidio Maintenance Buildings Division until June 30, 2016. (Plans & Public Works - 903-02) Action: Adopted Resolution No. 15-139 C.S. 8. Resolution Certifying Compliance with State Law with Respect to Levying Assessments and Special Taxes (Finance - 407-08) Action: Adopted Resolution No. 15-140 C.S. 9. Consider 241 Alvarado Mall; Application 14-262 for Outdoor Seating; Applicant Claire Sutton; Property Owner Custom House Hotel Company, Ltd. and City of Monterey; Visitor Accommodation Facility (VAF); Exempt from CEQA Requirements (Plans & Public Works - 202- 02) Action: Adopted Resolution No. 15-141 C.S. 10. Authorize Consent to Sublease Agreement for Rental Space at 32 Cannery Row Between Monterey Bay Boatworks Company, as Sublessor and Robert Jamison dba Harborside Deli & BBQ as Sublessee (Plans & Public Works - 206-03) Action: Removed from Consent; discussed; adopted Resolution No. 15-142 C.S. Councilmember Barrett requested additional information. Property and Housing Manager Marvin presented the report, saying that substantial improvements are being made to the property through this sublease, which is hoped to improve the performance. He said that the sublease is not effective until the Council approves the matter. On question, he reviewed the timelines of the original ground lease and its extensions. On question, City Attorney Davi explained that outside counsel's review is typically attorney- client privileged, so is not included in the staff report. She confirmed that the written materials are kept in the City Attorney's confidential files. 2  City Council Minutes Tuesday, July 21, 2015 Mayor Roberson opened public comments on the item, had no requests to speak, and closed public comments. On a motion by Councilmember Downey, seconded by Councilmember Barrett, and carried by the following vote, the City Council adopted Resolution No. 15-142 C.S., authorizing a Consent to Sublease agreement for rental space at 32 Cannery Row between Monterey Bay Boatworks Company, as sublessor and Robert Jamison dba Harborside Deli & BBQ as sublessee: 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. Authorize the Mayor to Execute an Amendment to the Wharf I Wharf Theater/Art Gallery Concession #10 Lease at 95 Wharf No. I that Will Allow Permitted Uses to Include a Gourmet Shop as Described in Resolution 9000 (Plans & Public Works - 206-03) Action: Removed from Consent; discussed; continued to August 18, 2015 (4-1; Smith voting no) Property and Housing Manager Marvin presented the staff report and answered Councilmembers' questions. Mayor Roberson opened public comment on the item. Bill McCrone said that this is among the worst sweetheart-deal ground leases on the Wharf. He said that the tenant has listed his master lease for sale for $1,795,000. He opposed the lease amendment without concessions. Alexander Henson, Attorney, said that public property is to be used solely for public benefit, and this does not benefit the public. He said that Council should require additional rent, and he asked them not to approve the amendment. Sam Rashkin asked if there is a built-in escalator in the rent in this situation. He said that if the City requires additional rent every time there is a change, it will quash innovation. Mary Alice Cerrito Fettis, President of Fisherman's Wharf Association, said that Angelo provided a lot of entertainment through the Wharf Theater. Joe DeLecce, concessionaire, said that he has been on the Wharf for 19 years, and Angelo has been like a father to him. He said that he took over the downstairs of the building in order to spruce up the location. With no further requests to speak, Mayor Roberson closed public comments on the item. Mr. Marvin clarified that the lease structure is based on a percentage, so if revenues go up, the City receives more money. He said that the City receives rent for the ground lease based on building coverage. Councilmember Downey said she would like to consult with an outside real estate expert. It was moved by Councilmember Downey to continue the item, and Councilmember Barrett seconded the motion. Councilmember Smith said that this is about allowing a permissible use for a current tenant. He said that these are not contracts that can be broken, and he would not support the motion. Councilmember Haffa said that he is inclined to support the lease modification, but he understands the desire to obtain information from outside counsel. Councilmember Downey said that legal opinions are what courts and attorneys are all about and she does not see this as breaking a contract. She suggested using Best, Best and Krieger. 3  City Council Minutes Tuesday, July 21, 2015 She said that if she is informed by an objective person she can be more confident. Councilmember Barrett said that he respects the request for additional information. Councilmember Downey amended her motion to continue the item to August 18, and the seconder agreed. Councilmember Smith noted that this small business is trying to open, and this delay could be harmful to the business. On question, Mr. Marvin said that staff has been working with the applicant for several months. Councilmember Downey clarified that she would like an opinion as to whether it would be legitimate for the City to start the proceeding from scratch, or is it reasonable to accept that the proposed use is close enough to a gourmet shop to move forward. The Mayor further clarified that the Council needs to know that this change is not significant enough to cause a change in leasing policy. The motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Barrett, Downey, Haffa, Roberson NOES: 1 COUNCILMEMBERS: Smith ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 12. Authorize A New Sixty-Five Foot (65’) Boat for Wharf I Concession #18 at 84 Fisherman's Wharf as Requested in Planning Permit 15-222 (Plans & Public Works - 206-03) Action: Removed from Consent; discussed; continued the item to a future meeting, and in the interim, directed staff to facilitate or hire a mediator to facilitate an attempt to come to an agreement between the two parties Property and Housing Manager Marvin presented the staff report and answered Councilmembers' questions. Mayor Roberson opened public comment on the item. Travis Holcombe, Plastic Surgeon, asked for equal opportunity for all vendors. Tim Janowsky, avid sailor, asked that the City treat its businesses equally and he opposed the item. Floyd Bradshaw, Monterey Bay Sailing Chief Engineer, opposed the application. Carolyn Taylor voiced concerns regarding the neighboring concession. Nick Lamson, MediaLocate Engineer, said that he has signed up for sailing classes with Monterey Bay sailing, and this permit would take away from that business. Mr. McKeller said that he and his family love whale watching and sailing, and he is concerned that this resolution would take away space from Monterey Bay Sailing. He said that if the resolution passes, there would be no room to work on the boats. Mr. Peters, Monterey Bay Sailing, voiced concerns that this resolution would take away from their business by overcrowding the area. Boris Jeculah said that he loves Monterey Bay Sailing spoke in opposition to the resolution because it guarantees that it will hurt the business. Bennie, Monterey Bay Sailing, spoke in opposition to the resolution, saying that it increases the potential for accidents. Terry Lebda, Terry Lebda Administrative Services, said that she is under contract with Monterey Bay Sailing. She opposed the resolution, saying that it will encroach into the shared water space with Monterey Bay Sailing. 4 City Council Minutes Tuesday, July 21, 2015 Deborah Tipton, representing Client Nancy Black of Monterey Bay Boat Charters, said that this will not affect the Monterey Bay Sailing operation at all. She said that this would increase services and the boat would only be at the dock for about 30 minutes twice a day. Ms. Black said that they are happy to share space and cooperate with the sailing business. John Foil, Monterey Bay Sailing captain, said that they do need the water space. Elizabeth Turner, Engineer and New Monterey resident, said that Monterey Bay Sailing is one of the only establishments that rents sail boats in the area. Bill McCrone said that this is about safety and rent, and this boat will occupy more space and impinge safety. He said that additional rent should be charged. Dutch Meyer, Monterey Bay Sailing, spoke in opposition, saying that the vessel is too big for the space, provides no compensation to his business for the trespass, and it violates leases for both concessionaires. John Mayer, Monterey Bay Whale Watch skipper, said that he has docked the larger boat in the space and there has never been a problem. He said that he is simply trying to keep up with the competition. Richard Trujillo, half owner of Monterey Bay Whale Watch, spoke in support of the resolution and said that they are planning to hire more employees, and the new boat will increase services to tourists. Mayor Roberson closed public comment on the item and called a recess at 6:00 p.m. Mayor Roberson called the meeting to order at 7:00 p.m. and led the Pledge of Allegiance. He reopened public comment on the item. Townsend Booker, Dock Master for Monterey Bay Sailing, showed a video of boats colliding. Sam Rashkin said that he has a business relationship with both concessionaires. He said that Monterey Bay Sailing has a lease amendment hanging over their head. He suggested that the resolution has the answer in communication between the two businesses. He asked Council to delay making a decision. John Fox said that anything can happen at any time, and the businesses believe that they can work out a solution to the problem. He said that Nancy Black has put Monterey on the map with regard to whale watching, and he spoke in favor of the resolution. He read portions of letters of support from Peter Bruno, Randy's Fishing Trips, Michael Brock, Monterey Restaurant and Lounge, and Joe DeLecce, Monterey Bay Jewelry Company. With no further requests to speak, Mayor Roberson closed public comment. Councilmember Barrett said that he had to leave earlier due to a family medical situation, and he would not be able to vote on the issue until he has heard all of the public comment. It was moved by Councilmember Barrett, and seconded by Mayor Roberson, to continue the discussion to a future date: On request from Councilmember Haffa, Councilmember Barrett amended his motion that in the interim staff should facilitate an attempt to come to an agreement between the two parties, and the seconder agreed to the amendment. Councilmember Smith said that he would agree that a continuance could be beneficial toward working out a solution. He said that he visited the Wharf and spoke to all parties. He said that there might be a possibility of opening up communications via existing technological means. On question from Councilmember Downey, Mr. Marvin clarified the status of the lease with Monterey Bay Sailing. He said he would be willing to sit down with both parties. On question, he said that the boat is wider than the existing boats. Councilmember Smith noted that Randy's 5  City Council Minutes Tuesday, July 21, 2015 Fishing is also impacted by this matter. Councilmember Smith said he would be looking for a definitive and defensible policy as to scheduling the boat operators. Councilmember Haffa supported Councilmember Smith's statement. He addressed the parties, saying that they should work to find the solution rather than putting the Council in the position of cutting the baby in half. On question, Councilmember Barrett said he would look for responsiveness from all parties and would like to have the matter come back before Council as soon as possible. City Manager McCarthy said that staff will try to bring it back on August 18, if possible. Nancy Black said that she and Mr. Meyer talked during the break and she is confident that they can come to an agreement. She said that it would be a problem for their financial situation if they can't use the boat at this time, and she asked for a temporary permit. Dutch Meyer offered a rebuttal, saying that there is no need for Housing and Property Management to confiscate their property every hour all day long. Councilmember Barrett said that he understands the passions on all sides of this issue. He suggested that everyone lay differences aside and be amicable and move forward with this. Mayor Roberson said that he had a lot of questions after hearing the public. He said that it is not the role of the Council to dictate the operations, so the parties need to work together. He said that he feels Council is putting a great deal on City staff, and he would not oppose hiring a mediator at the City Manager's discretion. The motion was amended to authorize an outside mediator if needed and 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 13. Authorize Consent to Assignment of Lease From Christopher Shake, as an Individual and Christopher Shake as Trustee for the Ahmed John Shake Trust to Old Fisherman’s Grotto Inc. ( Wharf I Concession 6) (Plans & Public Works - 206-03) Action: Adopted Resolution No. 15-143 C.S. 14. Authorize the City Manager to Sign a Utility Agreement No.1662.2 with AT&T for Relocating Underground Utilities for the Holman Highway 68 / Highway 1 Roundabout project (Plans & Public Works - 803-01) Action: Adopted Resolution No. 15-144 C.S. 15. Adopt Resolution Establishing a Special Events/Sponsorship Fund and Special Events Support Program (Recreation & Community Services - 302-06) Action: Adopted Resolution No. 15-145 C.S. 16. Approve a Partial Fee Waiver for the Italian Festival and Parade (City Manager - 101-13) Action: Adopted Resolution No. 15-146 C.S. 6  City Council Minutes Tuesday, July 21, 2015 17. Award Professional Services Agreement to Liebert Cassidy Whitmore for Labor Negotiations Services (Human Resources - 507-01) Action: Adopted Resolution No. 15-147 C.S. Other 18. Provide Report on Independent Accountants' Review of Parking Fund Accounting Records and Related Controls (Finance - 403-05) Action: Received report ***End of Consent Agenda*** WATER UPDATE There was no update. EVENING PUBLIC COMMENTS Mayor Roberson opened public comment on items not on the agenda. Bob Larson spoke in support of regulation of garage sales. He said that in his Laguna Grande neighborhood two neighbors host frequent garage sales, and one neighbor uses his house as a warehouse for items. He recommended limiting the number of sales per year, no two-day sales, and limiting the hours. Nina Beety said that recently a SmartMeter exploded in Ontario, and 100 meters exploded in Stockton due to surges. She said that other cities have experienced similar problems and the problems are increasing. An unidentified lady said that she has access to the property in question by Mr. Larson because she cares for an elderly lady there. She said that she has had code compliance personnel and police at her house, and has not been cited. She said that she has had one garage sale this year and one last year. An "old farm boy" said that he has lived with the previous speaker and the neighbors are doing their best to get others in trouble. Ester Malkin said that the garage sales have been going on for a couple of years, and there is no persecution. She said that there were garage sales last weekend and another two weeks ago, held by two different parties. She said that two or three houses in a row are running businesses out of their homes. Ruth Ann Crotzer spoke about the Stevenson adobe and said that Monterey is so important because we have one in only five museums in the world dedicated to Robert Louis Stevenson. She invited Council to a presentation on August 29 by Keith Deckert, who has researched Mr. Stevenson for thirty years. Alec Steffen said that Uber is not under the authority of the Regional Taxi Authority. He asked if there could be an undercover sting operation to enforce against them operating without permits. Oben Kim said he would like to introduce his company's parking management system to the City. He said that this smart parking solution would make the City's parking program more efficient because it reads license plates. Having no further requests to speak, Mayor Roberson closed public comments and called a recess at 8:54 p.m. He reconvened the meeting at 9:05 p.m. 7  City Council Minutes Tuesday, July 21, 2015 COUNCIL COMMENTS Councilmember Downey reported on the Monterey-Salinas Transit convention. She said that leases should not be on the Council’s Consent Agenda. She asked to work on Resolution 9000. Mayor Roberson said that he met with the Fire Chief and two individuals regarding the recent fire at the pet day care. He said that most of the pet care facilities in the area have sprinklers or a remote alarm system. He said that people should encourage business to install those systems, and he would be open to a new regulation if necessary. He asked staff to research if there are simple regulations regarding garage sales, and he will agendize the issue later. CITY MANAGER REPORTS City Manager McCarthy reminded everyone that the July Study Session and August 4 Regular Meetings are cancelled. He reported that Car Week is scheduled for August 12-15. He gave a brief update on the progress of the Conference Center abatement and construction. Mr. McCarthy said that Measure P sidewalk construction is on schedule to begin in mid-August. PUBLIC APPEARANCE 19. Receive Report on Monterey Bay Fisheries Trust; Authorize City Manager to Negotiate Purchase of Groundfish Fishing Rights and Appropriate Up to $225,000 in Tidelands Trust Funds for the Purchase (Public Facilities - 904-01) Action: Received report; adopted Resolution No. 15-148 C.S. Harbormaster Scheiblauer introduced Monica Galligan, Board Director on the Monterey Bay Fisheries Trust and Lecturer, who made the presentation and answered Councilmembers' questions. Mayor Roberson opened public comments on the item. Cathy Fosmark, Alliance for Fisheries, said that she is pleased to see Monterey supporting fisheries. Nelson Vega said that his daughter is married to a calamari fisherman and asked how much will it cost for the City to subsidize this program. He said that this seems like this is control of the fisheries by a group. Jodi Hansen, President and CEO of the Monterey Chamber of Commerce, said that this is an important opportunity that cannot be lost. She said that this supports local fishermen and the Chamber Government Affairs Commission fully supports it. Barbara Meister, Monterey Bay Aquarium, read a letter from Seafood Watch and supported the item. She noted that the letter was signed by 18 area chefs. Alan Lovewell, founder of Real Good Fish, said that he fears the community could lose their rights to local seafood, and he supported the item. Jen Gerard, Director of Nutrition, MPUSD, said that the school district has an opportunity to access local seafood for their lunches. She supported the item. Pete Guglielmo spoke in support of the item. There were no further requests to speak, and Mayor Roberson closed public comment on the item. 8  City Council Minutes Tuesday, July 21, 2015 On a motion by Councilmember Haffa, seconded by Councilmember Downey, and carried by the following vote, the City Council adopted Resolution 15-148 C.S., authorizing the City Manager to negotiate purchase of groundfish fishing rights and appropriate Up to $225,000 in Tidelands Trust Funds for the purchase: AYES: 5 COUNCILMEMBERS: Barrett, Downey, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None PRESENTATIONS 20. Receive a Report on the Monterey Specific Economic Inventory and Regional Eco-Analysis Project (City Manager - 208-03) Action: Received report City Manager McCarthy introduced Dr. Shyam Kamath, Dean of the School of Business at CSUMB, who would make the presentation. Councilmember Barrett introduced the item, stressing the importance of preparing the City for economic development. He thanked the presenters, Dr. Shyam Kamath and Dr. Philip Murphy, Assistant Professor at MIIS. Dr. Kamath outlined the proposal for participatory asset mapping to identify people, resources, places and experiences. He and Dr. Murphy answered Councilmembers' questions. Mayor Roberson opened public comment on the item, had no requests to speak, and closed public comment. PUBLIC HEARING 21. Consider Adoption of Negative Declaration and Draft Zoning Ordinance Amendment to Monterey City Code Chapter 38, Section 22.D to Allow 18 Foot Tall Accessory Structures; Applicant David Stocker; R-E Residential Estate Zoning District (Plans & Public Works - 201- 12) Action: Tabled (4-0-1; Downey abstained) On a motion by Councilmember Haffa, seconded by Councilmember Roberson, and carried by the following vote, the City Council tabled the item: AYES: 4 COUNCILMEMBERS: Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 1 COUNCILMEMBERS: Downey RECUSED: 0 COUNCILMEMBERS: None PUBLIC APPEARANCE 22. Consider Request to Waive Fees for a Use Permit Extension for a Project Located at 600 Irving Avenue (Plans & Public Works - 202-02) Action: Denied request and directed staff to bring back an alternative process (4-1; Downey voting no) Principal Planner Cole presented the staff report, recommending denial and saying that staff is willing to recommend a longer time on this specific use permit to the Planning Commission. 9 City Council Minutes Tuesday, July 21, 2015 Mayor Roberson opened the item for public comment. Eugene Strangeo, part owner of the property, said that he has been on the water wait list for six years, which required a great deal of time and expense. He said that they have not moved forward on that list since. He said that keeping the renewal fee in place is charging for service that was never rendered. He asked to waive the renewal permit. With no further requests to speak, Mayor Roberson closed public comment on the item. It was moved by Councilmember Downey, and seconded by Councilmember Haffa, to approve the staff recommendation and deny the request to waive fees for a Use Permit extension for a project located at 600 Irving Avenue. Councilmember Barrett said that it seems to be an unfair burden to change the project, and he wondered why couldn't there be a process to administratively approve the extension so costs would be minimal. Councilmember Haffa offered an amendment to the motion to grant a temporary extension of this applicant's use permit until this issue is resolved, but the City Attorney advised against that action. The amendment died for lack of a second. Councilmember Haffa moved to adopt alternative #3 and amend the fee schedule to recover 50% of the cost of the extension, and Councilmember Smith seconded the motion. Councilmember Downey withdrew her original motion. Councilmember Downey offered a substitute motion to refund the fee to this gentleman and change the ordinance so people do not have to review a project until two years after water becomes available, and the motion died for lack of a second. Councilmember Haffa withdrew his motion and moved the staff recommendation. That motion died because there was no second. Councilmember Barrett moved to table the item and direct staff to bring the item back to consider an alternative pathway for the projects that are being held up due to lack of water so they can move forward until two years after water becomes available. He amended his motion to, without meaning to set a precedent for other projects, refund the fee to Mr. Strangeo from the General Fund on a one-time basis, and Councilmember Downey seconded the amended motion. Councilmember Smith said that he does not want to set a precedent of paying these fees. He suggested that the staff recommendation be adopted. The motion failed by the following vote: AYES: 2 COUNCILMEMBERS: Barrett, Downey NOES: 3 COUNCILMEMBERS: Haffa, Smith, Roberson ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None On a motion by Mayor Roberson, seconded by Councilmember Haffa, and carried by the following vote, the City Council denied the request to waive fees for a Use Permit extension for a project located at 600 Irving Avenue: and directed staff to bring back an alternative process. 10  City Council Minutes Tuesday, July 21, 2015 AYES: 4 COUNCILMEMBERS: Barrett, Haffa, Smith, Roberson NOES: 1 COUNCILMEMBERS: Downey ABSENT: 0 COUNCILMEMBERS: None ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 23. Bi-Annual Report on Completed Capital Improvement Projects and Key Engineering Accomplishments (Plans & Public Works - 701-03) Action: Received report Mayor Roberson asked staff to do a press release on this item. The Mayor opened public comments on the closed session items, had no requests to speak, and closed public comments. ADJOURNMENT Mayor Roberson adjourned the meeting to closed session at 10:40 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Information Resources Director/City Clerk Gawf announced that in a Conference with labor negotiators regarding Monterey Executive Management Employees’, the City Council gave confidential direction to their negotiators on a 4-0-1 roll call vote, with Downey abstaining. She reported that in a conference with labor negotiators regarding General Employees, Management Employees, Monterey Fire Fighters Association, Monterey Fire Chief Officers, and Police Lieutenants Management, the City Council gave confidential direction in four separate roll call votes. She said that the vote on motions relative to MEA and MFCOA was 4-0-1, with Downey abstaining, the votes on GEM and MFFA were 5-0, and the fourth vote regarding all groups was 5-0. Ms. Gawf said that the City Council received the City Attorney’s litigation report in a conference with legal counsel on nine cases of existing litigation, and due to the lateness of the hour, the Council did not hear an item to discuss the City Manager’s performance evaluation. Respectfully Submitted, Approved, Bonnie Gawf Clyde Roberson Director of Information Resources / City Clerk Mayor 11