Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, January 16, 2018 4:00 p.m - 5:30 p.m. 7:00 p.m. - 11:00 p.m. FEW MEMORIAL HALL OF RECORDS, 580 PACIFIC STREET MONTEREY, CALIFORNIA Councilmembers Present: Councilmember Albert, Councilmember Barrett, Councilmember Smith, Mayor Roberson Absent: Councilmember Haffa City Staff Acting City Manager, Acting Assistant City Manager, City Attorney, Finance Present: Director, Human Resources Director, Library Director, Acting Public Works Director, Acting Community Development Director, Police Chief, Acting Community Services Director, Assistant Finance Director, Acting City Clerk, Sustainability Coordinator, Building Official, Associate Planner, Communications Administrative Analyst, Construction Project Manager, Senior Civil Engineer (2), Employee Relations Manager, Public Works Inspector, Principal Engineer, Engineering Technician, Transportation Planner, Capital Programs Coordinator, Administrative Assistant II CALL TO ORDER Mayor Roberson called the meeting to order at 4:02 p.m. and said that Councilmember Haffa was absent due to illness. PRESENTATIONS 1. Measure P Annual Report (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 807-01) Action: Received report Acting Public Works Director Wittry presented the staff report and recognized Public Works staff for their hard work executing Measure P-funded improvements. He introduced Measure P Oversight Committee Chair Chorbajian, who gave a brief report and discussed a potential new tax measure for the next election. Mayor Roberson thanked the committee for their service. 2. Monterey Bay Community Power Update (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 802-12) Action: Received update Monterey Bay Community Power Tom Habashi gave a presentation on the Joint Power Authority, and answered Council’s questions. PUBLIC COMMENTS Mayor Roberson opened the floor for public comments not on the agenda. Gary Cursio, Monterey County Hospitality Association, said the Visitor Accommodation Facility Guidelines document on the City website was never approved by Council or noticed to the hospitality industry, and lists TOT taxable items not listed in the original ordinance or its amendments. He urged Council to agendize and revisit the changes with input from hospitality professionals.  City Council Minutes Tuesday, January 16, 2018 Susan Britton, First Night Monterey President, thanked the Mayor and Council for their participation and assistance with the recent event. She said that they had not been able to use the Conference Center and thanked Mr. Davi for the use of two storefronts on Alvarado Street. Ken Peterson, First Night Monterey organizer, said the City’s support and sponsorship are the foundation that make it all possible and asked Council to keep that in mind next year. Receiving no further requests to speak, Mayor Roberson closed public comments. CONSENT ITEMS Councilmember Smith asked to pull Item 11 from the Consent Agenda. Mayor Roberson opened public comments on the Consent Agenda. Receiving none, he closed public comments. It was moved by Mayor Roberson, and seconded by Councilmember Barrett, to approve the Consent Agenda except for Item 11. Councilmember Smith said that he intended to pull Item 10, not Item 11. Mayor Roberson amended his motion to pull Item 10 from Consent instead of Item 11, and the seconder agreed. The amended motion carried by the following vote: AYES: 4 COUNCILMEMBERS: Albert, Barrett, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Haffa ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Approval of Minutes 3. December 5, 2017 (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Information Resources - 701-09) Action: Approved (4-0-1, Haffa absent) 4. December 19, 2017 (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Information Resources - 701-09) Action: Approved (4-0-1, Haffa absent) 5. December 22, 2017 (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Information Resources - 701-09) Action: Approved (4-0-1, Haffa absent) Ordinances 6. 1st Reading - Authorizing Amendment to the Contract between the City of Monterey and the Board of Administration of the California Public Employee's Retirement System - Continued from November 21, 2017, Recommended for Continuance for February 20, 2018 (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Human Resources - 504-06) Action: Continued to February 20, 2018 (4-0-1, Haffa absent) Resolutions 7. Authorize the City Manager to Sign a Cooperative Agreement with the Transportation Agency for Monterey County (TAMC) for the Submittal of a State Grant Application for the Recreational Trail / Lighthouse Curve Improvements Project (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061). (Plans & Public Works - 409-02) Action: Adopted Resolution No. 18-001 C.S. (4-0-1, Haffa absent) 2  City Council Minutes Tuesday, January 16, 2018 8. Adopt a Resolution Authorizing the City Manager, or His Designee, to Enter into a Memorandum of Agreement with the Commander, Navy Region Southwest at Naval Support Activity Monterey, California to Update the Existing Criminal Activity Incident Response Protocol between the Two Agencies Protocol between NSAM and the Monterey Police Department (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Police - 704-05) Action: Adopted Resolution No. 18-002 C.S. (4-0-1, Haffa absent) 9. Adopt Successor Memorandum of Understandings with the Monterey Police Association (MPA) and Monterey Fire Fighter Association (MFFA) and Authorize an Appropriation of Funds for FY17/18 and FY18/19 (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 19, Section 15061) (Human Resources - 507-01) Action: Adopted Resolution No. 18-003 C.S. (4-0-1, Haffa absent) 10. Amend Exhibit A to Resolution 17-125 to Authorize an Appropriation of Funds Previously Approved in Fiscal Year 2018-19 to Fiscal Year 2017-18 for the Harbormaster ADA Project (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 406-04) Action: Pulled from Consent, discussed, adopted Resolution No. 18-004 C.S. (4-0-1, Haffa absent) Acting Public Works Director Wittry presented the staff report and answered Council’s questions. Mayor Roberson said he had seen the potential new site for a recycling center to replace the current trash compactor, and when there is a new design, the City will talk to the wharf operators and everyone involved will have the chance for input. Mayor Roberson opened the floor for public comment and receiving no requests to speak, closed public comments. On a motion by Councilmember Smith, seconded by Councilmember Albert, and carried by the following vote, the City Council adopted Resolution No. 18-004 C.S. to Amend Exhibit A to Resolution 17-125 to Authorize an Appropriation of Funds Previously Approved in Fiscal Year 2018-19 to Fiscal Year 2017-18 for the Harbormaster ADA Project: AYES: 4 COUNCILMEMBERS: Albert, Barrett, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Haffa ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None 11. Amend Resolution 16-119 to De-appropriate the Fire Station 3 Oxygen Generation System Project and Authorize an Appropriation of Funds for All of the Neighborhood Improvement Program FY2017-18 Cut Off Projects (See Agenda Report for Environmental Determination) (Plans & Public Works - 406-04) Action: Adopted Resolution No. 18-005 C.S. (4-0-1, Haffa absent) 12. Authorize Appropriation of Grant Funds for a Colton Hall Americans with Disability Act (ADA) Improvement Project (Exempt from CEQA Article 19, Section 15331, Class 31) (Community Services - 701-13) Action: Adopted Resolution No. 18-006 C.S. (4-0-1, Haffa absent) 13. Authorize the City Manager to Enter into an Agreement with the Monterey Bay Unified Air Pollution Control District for an AB 2766 Grant for the Purchase of Electric Vehicles to Replace Gas Powered Vehicles (Not a Project under CEQA per Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 409-05) Action: Adopted Resolution No. 18-007 C.S. (4-0-1, Haffa absent) 3  City Council Minutes Tuesday, January 16, 2018 14. Award a Contract for the Purchase of One (1) Streets Division Pavement Patch Truck (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 812-02) Action: Adopted Resolution No. 18-008 C.S. (4-0-1, Haffa absent) Other 15. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 886 Cannery Row; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Monterey Bay Aquarium; Under Negotiation: Review of Rent (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 206-03) Action: Appointed real property negotiators (4-0-1, Haffa absent) 16. Appoint the Vice-Mayor for 2018 (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Information Resources - 701-04) Action: Appointed Councilmember Barrett as Vice-Mayor (4-0-1, Haffa absent) ***End of Consent Agenda*** PUBLIC APPEARANCE 17. Provide Direction on Releasing a Request for Proposals Requesting Water Allocation (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 203-07) Action: Received report, discussed, tabled by consensus Acting Community Development Director Cole presented the staff report. Mayor Roberson opened the floor for public comments. Anthony Davi, Sr., resident, property owner and business owner, said his property on Alvarado Street has been occupancy-ready for over 13 months but he has been unable to secure a tenant because of Group 1 water use limitations. He said he has an opportunity to rent space to a juice bar, but it would require Group 2 use. He urged Council to adopt staff’s option #3 to allow commercial projects to be considered. Christine Kemp, representing TFP Partners, owner of 663 Lighthouse Avenue, said they support the ability to participate in an RFP on a stand-alone commercial basis and would like the chance to present a revised RFP for their proposed restaurant project to be considered equally with Mr. Davi’s proposal. She asked the City to monitor the progress of 591 E. Franklin Street. Receiving no further requests to speak, Mayor Roberson closed public comments. Councilmember Barrett said he understood that staff’s option #1 would allow commercial use with an offset for housing, and asked if Mr. Davi could offset with affordable housing elsewhere in the City. Mr. Davi said some owners have other property in town but some do not, and asked why the owner of a market-based apartment would want to receive a lower income. Mayor Roberson asked if anyone else wished to address the question, and none came forward. On question from Councilmember Smith, Acting City Manager Uslar said the City maintains a reserve of around 3-5 acre feet of water, retained for City projects. Councilmember Barrett said water allocations are one of the few tools available for incentivizing low income housing, and proposed that Council move forward with the staff recommendation. He said he is afraid that if water allocations are separated from affordable housing, he would see a migration of affordable housing from mixed use areas, which would be counter to the goals of the specific plans. 4 City Council Minutes Tuesday, January 16, 2018 Councilmember Barrett moved to adopt the staff recommendation, option #1, with the following criteria attached: if an RFP allows for a commercial building, it must be an existing vacant commercial building and not a new one, and the affordable housing that is offered as a result must be near public transit and not in a blighted building. Councilmember Smith said he would be in favor of Councilmember Barrett’s criteria but not exclusively. He said he did not want to exclude commercial opportunity, and said that water creates opportunities including jobs and housing. He said he would like to get to option #3, and to expand on Council policy so that mixed-use is not required for all commercial properties. Councilmember Barrett said he supported not requiring mixed-use as part of this RFP, but said one in every two people in the community struggles with the cost of housing and he could not support dissociating the RFP from the dire need for affordable housing. He said it would be win-win if the opportunity were to arise for both economic development and affordable housing. On question from Councilmember Albert, Acting City Manager Uslar confirmed that this was the last allocatable water besides the City’s reserve. Councilmember Albert said that Council needed to decide whether to allocate this water to business instead of affordable housing. He said that there is a hole in Alvarado Street that he would like to see filled, and he would prefer this water to go to business. Mayor Roberson clarified that this wouldn’t award the RFP to Mr. Davi, and stated Council could discuss just the 0.715 acre feet before them at this time and not set further policy. Councilmember Smith said the City should be proud of its mixed-use housing, but now another constituent area needed help. Councilmember Barrett said he could not vote yes if the vote was for future policy that will affect water that may come available. City Attorney Davi clarified that to comply with the General Plan, the City would need to give preference to projects with affordable housing, but other projects could be considered if affordable housing projects were not submitted. She said that if Council selected option #2 or #3, the RFP should allow for affordable housing projects to be competitive, apply, and be given preference, but she said it wouldn’t eliminate commercial opportunity. Councilmember Smith asked to table the issue and direct staff to bring back expanded options. Councilmember Barrett withdrew his motion. The matter was tabled by consensus. Mayor Roberson said that Council would hear the closed session items after the evening session, and opened the floor for public comments on the closed session items. Gary Cursio, Monterey County Hospitality Association, commented on closed session Item cs2. He said that MCHA requested a seat at the table when Council organizes a City Manager search committee, and urged Council to move swiftly and judiciously to find the right candidate. Mayor Roberson clarified that Item cs2 was in reference to an interim City Manager. Receiving no further requests to speak, he called a recess at 5:52 p.m. The City Council reconvened at 7:02 p.m. PLEDGE OF ALLEGIANCE Mayor Roberson led the pledge. CONTINUED PUBLIC COMMENTS Mayor Roberson reopened the floor for public comments not on the agenda. Esther Malkin asked Council to agendize workforce housing and proposed that the City look for housing grants. She said residents are in dire need of solutions, and suggested incentives to landlords. 5  City Council Minutes Tuesday, January 16, 2018 Scott Hanson, Laguna Grande/Del Monte Grove Neighborhood Association, asked Council to agendize a discussion about how to maintain Laguna Grande Park to deter illegal camps. He suggested adjusting the lighting and changing closing time from 10 p.m. to sunset. Mayor Roberson said there would be a meeting soon between Monterey and Seaside on park issues. Lorna Moffat discussed health concerns regarding nanotechnology and air pollution. She asked for solar panels on all City buildings. She asked if there are any plans to build bomb shelters in Monterey. Councilmember Smith said there are no plans. Carey Pierce, Native Sons of the Golden West, said that the Monterey chapter would host a Discovery of Gold weekend and board meeting beginning January 26, and invited all to attend Hellam’s Tobacco Shop’s celebration of over 100 years of business on January 27. Acting City Manager Uslar said that Hellam’s is the longest-running shop on Alvarado Street. Receiving no further requests to speak, Mayor Roberson closed public comments. PUBLIC HEARING 18. Consider 860 Wave Street; Appeal Application AP-17-0609 of Planning Commission Approval of Use Permit UP-17-0428 for Commercial Recreation and Entertainment Use (Outdoor Miniature Golf Course); Appellant: George Molano; Property Owner: Cannery Row Company; C-2 Zoning District; Exempt from CEQA Requirements per Article 19, Section 15303, Class 3 (Plans & Public Works - 701-13) Action: Considered appeal, discussed, approved appeal (4-0-1, Haffa absent) The Mayor and Council disclosed communications in which they participated prior to the meeting. These included touring the site; receiving emails; speaking with the applicant, the appellant, neighbors, and Aquarium representatives; and observing related meetings of the Planning Commission and the Cannery Row Business Improvement District. Acting Community Development Director Cole introduced Associate Planner Schmidt, who presented the staff report and answered Council's questions. Appellant George Molano, long-time resident of both Monterey and Wave Street, presented concerns that led to his appeal of the application. He described what he said were potential legal issues relating to bringing in water from another site, complying with ADA requirements, and requiring employees to walk 600-1000 feet to use a restroom. He said that existing recreational trail policies and standards do not allow new access from private property to the trail when there is already an adjacent alternative. He spoke about noise and lighting concerns and cited the residences nearby. He said that the proposed use would change the character of the neighborhood that has the oldest houses of the Cannery Row area. He urged Council to get opinion letters from the State Water Board and OSHA regarding the water-related issues. Vincent Balastreri, representing the Cannery Row Company, spoke in favor of the application. He said that with the lack of water, choices are limited, and they felt this was a good application. He said that Cannery Row is a busy district from morning to night and is the heartbeat of Monterey. He compared the proposed project to the successful City basketball courts near the Coast Guard Pier. He said that there are bathrooms nearby the site at City parking facilities and local businesses, and that noise is a matter of opinion. Applicant April Montgomery shared that she has a background in family-friendly entertainment. She said that miniature golf is an attraction that is open to many ages and types of people. She presented the proposed design of the course and said the feel would be park-like with a conservation message. She said that when neighbors understand the project they support it, 6 City Council Minutes Tuesday, January 16, 2018 and she reiterated that Cannery Row is a commercial district. She said that she has been working on this for four years and that over 100 hours of staff time had gone into this project which was passed unanimously by the Planning Commission. She said that she would follow the guidelines and do things right. She answered Council's questions. Mayor Roberson opened the floor for public comments. Didier Dutertre, owner of Bistro Moulin, said he is fewer than 100 feet from the site and worried that people would want to use his restroom. Christina Riddoch, resident and owner of Exodus Escape Room, said she supported the project and thought mini golf would be a fun activity for local families. Robin Aeschliman, Pacific Grove resident and Planning Commissioner, urged Council to uphold the appeal, saying the proposed use would be an invasion of privacy for the neighbors, add to an overburdened parking situation, and pose a threat to the historic literary core. Michelle, Monterey Mirror Maze employee and student, supported the project, saying that night life for people under 21 is difficult to find. Laurie Hambaro, New Monterey Neighborhood Association, said her top concern was cleanliness and sanitation. She said that the appellants felt they had not been listened to by the Planning Commission and she thanked Council for listening. Michelle Knight, Cannery Row business owner, asked Council to deny the appeal, saying she thought the project would be enjoyed by locals and visitors alike and that she felt the Planning Commission did their job. DeAnn Brady, Cannery Row Business Association, spoke in support of the project, which she said would get families outside, off their phones, and interacting together. Clarissa Rowe, Monterey County Bank, said that the bank supported the project and would be proud to back the applicant financially if she were allowed to proceed. Jody Hansen, Monterey Peninsula Chamber of Commerce, spoke in support of the project, saying that Ms. Montgomery is a responsible and successful business owner and that family- friendly businesses that appeal to all ages are desirable. David Jones, business owner, said that mini golf was not what was envisioned for Cannery Row 30-40 years ago. He urged Council to overturn the Planning Commission’s use permit, saying that allowing a business to be used without water would set precedents. Barbara Meister, Monterey Bay Aquarium, said that noise, light, security, and bathroom concerns were legitimate. She asked where else in Monterey a new business is allowed to open without restroom facilities and ask neighboring businesses to bear the cost. Chris Johnson, former resident of Wave Street, shared the history of limitations on commercial access to the recreational trail. He said he didn’t want to see the project go to the ARC for review, then come back to Council. Eutiquio Chapa, Jr., owner of 805 Wave Street and businessman, said he is not against the business but disagreed with this location. He asked about the water tank precedent, wondering if he could bring a water truck and fill a 2,200 gallon tank on his property. A resident and school volunteer, who said she is 82 years old and has lived on Wave Street for her whole life, said she was concerned about noise, and wants peace and quiet when she goes to bed. Receiving no further requests to speak, Mayor Roberson closed public comments. Mayor Roberson thanked all commenters for their thoughtful responses. He said that he appreciated the applicant’s enthusiasm but struggled with approving this project because of concern for the residents. He said he didn’t agree with the Planning Commission’s finding that this would not be detrimental to neighbors. He said the bathroom and lighting and noise issues concerned him. He said the original limitations on recreational trail access were intended to keep the trail from becoming a mall. He said that residents deserve their peace and quiet. 7  City Council Minutes Tuesday, January 16, 2018 Acting Community Development Director answered Councilmember Barrett's questions regarding water at the site. Councilmember Barrett said it was desirable to find more activities for young people to do in the evening and said that there are City guidelines to ensure that light doesn’t splash into a residential area. He said that in Steinbeck’s books, Cannery Row was a thriving industrial area with clinking and clanking all day and night, and employees of the canneries lived right there. He said that the strongest challenge presented by the proposal was the restroom issue and he wondered if there were any possible solutions. Councilmember Smith said that it was important to be equitable and that the applicant and appellant both had property rights. He said that the lot has been vacant for a long time but desire to infill the lot didn’t mean it was the appropriate location for the proposed project. He said he couldn’t support the project though he would support the merits of the project anywhere else with water and a restroom nearby. He said he thought that, as proposed, the project would have a detrimental impact on the neighborhood. Councilmember Albert commended the business owner for trying to find a way to turn an empty lot into somewhere to go. He said that Monterey is a city of parks and for him this project would need not just park-like landscaping but restrooms for patrons. He said he couldn’t get past the bathroom issue, and that he had a hard time supporting this in the middle of a neighborhood when it would stay open at night with lights. He said that the City's parks close at dusk on behalf of the neighborhoods. On a motion by Mayor Roberson, seconded by Councilmember Smith, and carried by the following vote, the City Council approved the 860 Wave Street appeal: AYES: 4 COUNCILMEMBERS: Albert, Barrett, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Haffa ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None City Attorney Davi said that staff would come back with a resolution for approval at the next meeting. Councilmember Smith said this was a perfect example of why our area’s water poverty is so frustrating. He said he was impressed with the efforts of someone who would invest in the area, and that Council was not against fun but trying to balance the needs of residents and businesses. Mayor Roberson called for a short break, after which Council reconvened. PUBLIC APPEARANCE 19. Present FY2016/17 Year End Financial Report and First Quarter, FY2017/18 Financial Update and Appropriate Funds for FY2017/18 Adjustments (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Finance - 406-04) Action: Received report, discussed, adopted Resolution No. 18-009 C.S. (4-0-1, Haffa absent) Finance Director Porter presented the annual financial report and answered Council's questions. Mayor Roberson opened the floor for public comments. Jody Hansen, Monterey Peninsula Chamber of Commerce, said that at the July 5, 2016 Council meeting when City staff brought the ballot measure on business license taxes to Council, they used specific examples that misled the public and the businesses, and may not have given enough notice or outreach. She said that one business experienced an almost 600% increase in business license taxes, and that businesses would have appreciated a cap. She said the Chamber would not have 8  City Council Minutes Tuesday, January 16, 2018 supported the measure if they had realized there would be such a big hit for some businesses, and asked if any fixes could be made so that businesses would not be punished for making money. Receiving no further requests to speak, Mayor Roberson closed public comments. On a motion by Mayor Roberson, seconded by Councilmember Smith, and carried by the following vote, the City Council adopted Resolution No. 18-009 C.S. to Receive the FY2016/17 Year End Financial Report and First Quarter, FY2017/18 Financial Update and Appropriated Funds for FY2017/18 Adjustments: AYES: 4 COUNCILMEMBERS: Albert, Barrett, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Haffa ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None OTHER BUSINESS 20. Appoint 2018 Representatives to Outside Agencies and Subcommittees (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Information Resources - 701-04) Action: Appointed representatives (4-0-1, Haffa absent) Councilmember Barrett said that he is happy with the committees on which he serves, but is unhappy that Monterey Bay Community Power boards meet only quarterly. Councilmember Smith said the meetings should ramp up to a more regular process soon as the agency itself ramps up. Mayor Roberson opened the floor for public comments. Receiving no requests to speak, Mayor Roberson closed public comments. On a motion by Councilmember Smith, seconded by Councilmember Barrett, and carried by the following vote, the City Council Appointed the 2018 Representatives to Outside Agencies and Subcommittees: AYES: 4 COUNCILMEMBERS: Albert, Barrett, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Haffa ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None ADJOURNMENT Mayor Roberson opened public comments on closed session items, received no requests to speak, and adjourned the meeting to closed session at 10:34 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Acting Assistant City Manager Gawf announced the following: cs1. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9(d)(1): 1. Colletto v. City 2. Turn Down the Lights v. City Action: On a unanimous roll call vote, the City Council gave confidential direction to their legal counsel (4-0-1; Haffa absent) 9  City Council Minutes Tuesday, January 16, 2018 cs2. Consider Public Employee Appointment Pursuant to Government Code Section 54957(b)(1) Title: Interim City Manager Action: On a unanimous roll call vote, the City Council appointed Hans Uslar as the Interim City Manager (4-0-1; Haffa absent) cs3. Conference with Legal Counsel – Significant Exposure to Litigation (Two Cases) Pursuant to Government Code section 54956.9(d)(2) Action: Received report Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson Acting City Clerk Mayor 1 0