Council Regular Meeting

MINUTES CITY COUNCIL REGULAR MEETING CITY OF MONTEREY Tuesday, March 20, 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: Councilmembers Barrett, Haffa (left at 8:50 p.m.), Smith, Roberson Absent: Albert City Staff Interim City Manager, Interim Assistant City Manager, City Attorney, Human Present: Resources Director, Library Director, Community Development Director, Public Works Director, Assistant Police Chief, Acting City Clerk, Acting Community Services Director, Building Official, Associate Planner, Sustainability Coordinator, Assistant Finance Director, Interim Monterey Sports Center Manager, Employee Relations Manager, Housing and Community Development Manager, Parks Operations Manager, Interim Recreation and Community Services Manager, Administrative Analyst CALL TO ORDER Mayor Roberson called the meeting to order at 4:03 p.m. He said that Councilmember Albert was on vacation and announced that Item 23 would likely be tabled in the evening session. PRESENTATIONS 1. Presentation by Paul Sciuto, General Manager of Monterey One Water (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (City Manager - 706-04) Action: Received presentation Paul Sciuto, General Manager of Monterey One Water (formerly Monterey Regional Water Pollution Control Agency), briefed City Council on the Pure Water Monterey project and the recent release of wastewater into the National Marine Sanctuary, and answered questions. PUBLIC COMMENTS Mayor Roberson opened the floor for public comments on non-agendized matters. Jean Rasch, Monterey Vista Neighborhood Association, disputed the factual basis of ExteNet’s claims at the recent Planning Commission special meeting on small cell facilities. She asked for a task force to look at ways to fund undergrounding utilities. Susan Nine, Monterey Vista neighborhood resident, hand delivered a letter and asked City Council to agendize revising the City’s wireless ordinance. She cited inconsistencies in the current ordinance that she said invite applications for cellular facilities. Lois Hansen asked City Council to undertake a study and consider undergrounding utilities, which she said would stop staff and residents from fighting a corporate takeover of their neighborhood. Bruce Zanetta praised the Planning Commission and their work on the small cell facilities issue. He said that the City needs to get ahead of the fast-moving telecom industry and that NIP funding could be the tool needed to underground utilities. Jenny Meyers praised Monterey’s urban forest and said that a volunteer group should maintain the trees. She asked City Council to strengthen the City’s ordinances and consider undergrounding utilities.  City Council Minutes Tuesday, March 20, 2018 Lorna Moffat mentioned health concerns about 5G wireless phased array technology and nanoparticles in Pure Water Monterey’s purified water. Mike Pekin, Monterey resident, hand delivered a letter from members of the Monterey Vista Neighborhood Association asking City Council to agendize the substitution of Telecom Law Firm as the City’s legal representation. James Morgan, small businessperson on Ramona Avenue, thanked City Council and staff for their assistance abating the situation of RVs and abandoned vehicles in his neighborhood. With no further requests to speak, Mayor Roberson closed public comments. CONSENT ITEMS Mayor Roberson cited a request to pull Items 14 and 19 from the Consent Agenda. He opened public comments on the Consent Agenda, and receiving none, closed public comments. On a motion by Councilmember Barrett, seconded by Councilmember Haffa, and carried by the following vote, the City Council approved the Consent Agenda, with the exception of Items 14 and 19: AYES: 4 COUNCILMEMBERS: Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Albert ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Approval of Minutes 2. February 28, 2018 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Clerk - 701-09) Action: Approved (4-0-1, Albert absent) 3. March 6, 2018 (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Clerk - 701-09) Action: Approved (4-0-1, Albert absent) Ordinances 4. 2nd Reading - Amend Ordinance No. 3466 C.S. to Approve One Year Extension of the Waste Hauling Franchise Agreement with Monterey City Disposal Services (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 802-07) Action: Adopted Ordinance No. 3577 C.S. (4-0-1, Albert absent) 5. 2nd Reading – Amend City Code Section 25-3.03 Harassment/Discrimination Policy (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Human Resources - 701-11) Action: Adopted Ordinance No. 3578 C.S. (4-0-1, Albert absent) Resolutions 6. Authorize an Agreement for Domestic Violence Response Team Services between the City of Monterey and the YWCA Monterey County and Acceptance of YWCA Grant Funds Received through the California Governor’s Office of Emergency Services (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Police - 704-05) Action: Adopted Resolution No. 18-034 C.S. (4-0-1, Albert absent) 2  City Council Minutes Tuesday, March 20, 2018 7. Authorize a Continuation of Funding for the Two (2) Public Works Inspector Positions in the Engineering Division (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 801-01) Action: Adopted Resolution No. 18-035 C.S. (4-0-1, Albert absent) 8. Confirm Imposition of Debt and Approve the Filing of a Special Assessment Against Real Property at 416 Drake Avenue (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 802-12) Action: Adopted Resolution No. 18-036 C.S. (4-0-1, Albert absent) 9. Authorize the Interim City Manager to Enter into an Agreement with County of Monterey to Provide Instructional and Personal Training Services (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Community Services - 704-05) Action: Adopted Resolution No. 18-037 C.S. (4-0-1, Albert absent) 10. Award Sole Source On-Call contract with Eaton Corporation for the Maintenance, Repair, and Purchase of Mission Critical Equipment at Camp Roberts for Presidio of Monterey Municipal Services Agency ***PMSA*** ((Categorically Excluded from NEPA under Part II, Department of the Army, 32 CFR Part 651, Appendix B, II,(e)(1)); Not a Project under CEQA per Pub. Resources Code § 21080) (Plans & Public Works - 405-04) Action: Adopted Resolution No. 18-038 C.S. (4-0-1, Albert absent) 11. Authorize Professional Services Agreement for On-Call Realtor Services for Affordable Housing to Shankle Real Estate, Inc. (Not a Project under CEQA Article 20 Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 405-04) Action: Adopted Resolution No. 18-039 C.S. (4-0-1, Albert absent) 12. Recommend City Council Approve Appropriation and Transfer of Supplemental Funds for the Dennis the Menace Park Boat Structure Replacement ***NIP*** (Exempt from CEQA Article 19, Section 15301, Class 1) (Plans & Public Works - 406-04) Action: Adopted Resolution No. 18-040 C.S. (4-0-1, Albert absent) 13. Amend Resolution 17-098 to Change the Position Control List by Deleting One Administrative Assistant II Position and Adding One Police Services Assistant Position and Authorizing an Appropriation of Funds (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Police - 701-03) Action: Adopted Resolution No. 18-041 C.S. (4-0-1, Albert absent) 14. Authorize an Appropriation of Funds; Authorize the City Manager to Execute a Limited Site Assessment Agreement with SunPower Corporation for Site Assessment Related to Potential Solar Panel Installation; and Identify the Ryan Ranch Site as the Preferred Option for Site Assessment (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 802-12) Action: Removed from Consent Agenda, discussed, adopted Resolution No. 18-042 C.S. as amended (4-0-1, Albert absent) Sustainability Coordinator Terrasas reviewed two options for solar panel installation: Option 1 would cover a larger area at Ryan Ranch and provide greater savings, while Option 2 would cover a smaller area at Ryan Ranch and place panels on the Tyler and Wave garages, preserving more park use. He said that the Parks and Recreation Commission recommended that City Council select Option 2 in order to minimize the impact on the disc golf area. He answered Councilmembers’ questions. Interim City Manager Uslar provided background information on the original concept of a sports complex. 3  City Council Minutes Tuesday, March 20, 2018 Mayor Roberson opened the floor for public comments. Lorna Moffat played a video of the Ryan Ranch site, and citing viewshed concerns, encouraged the City to use its rooftops for solar panels. Tom Rowley, Monterey resident near Ryan Ranch, asked City Council to consider air safety issues when proposing structures in the area. Steve Thomas, resident, praised the beauty of the open space at the Ryan Ranch site. He said that nearby City-owned space would be better suited for solar panels and asked if PG&E could move their substation. Joe Sweeney, resident and disc golf player, said that he enjoys the Ryan Ranch open space and hopes City Council will keep the space open. Mary C. Israel, local planner and City resident, said that an unbiased assessment of the Ryan Ranch open space is needed and cannot be supplied by SunPower. She encouraged City Council to try playing disc golf and said that open space is a highest and best use. A. J. Wecker, local disc golfer, praised the beauty of the site and said that the Ryan Ranch course is renowned and has hosted international events. Nick Maffei, Monterey Stinging Jellies Disc Golf Club, asked City Council to work with the club on site assessments if the City moves forward with solar panels at the site. Rick Heuer, resident, said that the City should not trade open space for solar panels, and sports complexes are not comparable to the Monterey Sports Center. He asked the City to look at locations for rooftop solar panels before considering open space for solar installations. Jeff Milburn, resident, said that the Ryan Ranch site is a beautiful natural place and disc golf is a growing sport. He encouraged City Council to keep the space open. Bruce Zanetta said that open space is valuable and that such value needs to be considered. With no further requests to speak, Mayor Roberson closed public comments. Interim City Manager Uslar said that the City has looked at rooftop solar installation before and that Option 1 and Option 2 would provide the best results. On question from Councilmember Haffa, Sustainability Coordinator Terrasas said that he could direct the vendor to broaden the location options. Councilmember Smith asked for an option that gives multiple uses of the property, not exclusively a solar farm. Councilmember Haffa said that he doesn’t mind spending a little extra money to find the best option. On a motion by Councilmember Barrett, seconded by Councilmember Smith, and carried by the following vote, the City Council amended and adopted Resolution No. 18-042 C.S., approving funding an analysis up to $100,000 to cover the full array of site locations (Options 1 and 2), and removing reference to the Ryan Ranch location as the preferred site: AYES: 4 COUNCILMEMBERS: Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Albert ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None Other 15. Appoint Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 95 Fisherman's Wharf (Wharf 1 Concession 10; The Wharf Theater); Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: DiGirolamo Enterprises, Inc.; Under Negotiation: Price and Terms for Purchase of Property and Leasehold Interest (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 negotiators (4-0-1, Albert absent) 4  City Council Minutes Tuesday, March 20, 2018 16. Authorize the City Manager to Terminate License Agreement with the County of Monterey For Use of a Mechanical Bay at the City's Corporation Yard (not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 704-05) Action: Authorized (4-0-1, Albert absent) 17. Update on Referral to Parks and Recreation Commission to Develop a Volunteer Program to Assist with Forest Preservation (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 810-04) Action: Received update (4-0-1, Albert absent) 18. Approve Del Monte Beach Alternate for the Neighborhood Improvement Program for Calendar Year 2018 (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 808-01) Action: Approved (4-0-1, Albert absent) Mayor Roberson continued Item 19 to the evening session and opened public comments on the matter for those who could not be present for the evening session (see Item 19, below), then adjourned the afternoon session at 5:59 p.m. City Council reconvened at 7:04 p.m. PLEDGE OF ALLEGIANCE Mayor Roberson led the Pledge. CONTINUED PUBLIC COMMENTS Mayor Roberson opened the floor for public comments on non-agendized matters. Tom Rowley urged the City to see if mixed-use planning is working the way it was intended, and asked to have the “scenic highway” sign replaced on Highway 68. Ray Meyers, Monte Vista neighborhood resident, listed pros and cons of wireless and wired fiber optic telecommunications, and encouraged the City to pursue fiber optic cable. George Riley, Public Water Now, thanked City Council for scheduling regular reports on regional water issues and said that Cal Am’s water project costs twice as much as the public water project. With no further requests to speak, Mayor Roberson closed public comments. 19. Approve the Submitted Neighborhood Improvement Program (NIP) Proposed FY 2018/19 Projects to Proceed through the NIP Process (Not a project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 808-02) Action: Removed from consent, continued from afternoon to evening session, discussed, generally approved projects as presented (4-0-1, Albert absent) Principal Engineer Krebs presented the staff report. He observed that if utilities were placed underground streetlights would still be above-ground, and stated that an assessment could cost around $40,000 per house. NIP Spokesperson Heuer asked for direction from City Council on the issue of fiber optic cable so that NIP will know what subjects a feasibility study should include. He addressed the potential of funding fiber optic connectivity through renting its own cable and Interim Assistant City Manager Gawf explained that the City’s existing i-Net fiber has an exclusive use for public agencies and non-profits. City Council expressed excitement about the potential of fiber optic and indicated caution around increasing the price tag of living in Monterey by way of high connectivity costs. They advised that a feasibility study could include funding, assessment districts, and the status and locations of existing fiber optic infrastructure. 5 City Council Minutes Tuesday, March 20, 2018 Mayor Roberson opened the floor for public comments on Item 19 both before and after the evening break. The following public comments were given during the afternoon session just before City Council adjourned at 5:59 p.m.: Susan Nine, Monterey Vista neighborhood resident, said that she supports undergrounding utilities citing safety concerns and aesthetic enhancement. She said that poles are seen opportunistically by the telecom industry and invite infrastructure-intensive buildout. Kristin Dotterer, Monterey Vista neighborhood resident, said that the feasibility studies are needed, citing safety issues highlighted by the recent fire in Santa Rosa. She asked the City to support fiber optics and undergrounding utilities. Bruce Zanetta said that undergrounding utilities would provide the best of both worlds, allowing telecom while mitigating concerns. The following public comments were given during the evening session after City Council reconvened at 7:04 p.m.: Pat Venza, Monterey Vista Neighborhood Association, supported approval of the feasibility studies, saying that her neighborhood is exploring options to keep cell antennas out. She said that undergrounding would eliminate many poles, improve aesthetics, and reduce fire hazard. Bruce Zanetta said that fire hazard reduction is the main benefit of undergrounding. He supported installation of conduit in order to keep up with the evolution of technology, and he mentioned alternatives to each home receiving its own connection to the cable. With no further requests to speak, Mayor Roberson closed public comments. Principal Engineer Krebs and NIP Spokesperson Heuer answered City Council’s questions. Councilmember Haffa said that he supports looking for creative ways to fund and implement undergrounding of utilities. He said that he prioritizes projects CW-26 (First Theatre) and CW-2 (Colton Hall) because maintenance of historical assets is a top priority. Mayor Roberson said that the City needs to study the issue of undergrounding and the City could look at funding it if NIP chooses not to. Councilmember Barrett said that he supports projects that focus on public safety, children, and accessibility. Councilmember Smith spoke in support of projects that focus on kids, recreation, quality of life, preservation, and clearing dead wood in the forests. Mayor Roberson introduced a motion to generally approve the NIP projects as presented, including projects MV-14 (Monte Vista Fiber Optic) and CW-13 (Citywide Fiber Optic). The motion was seconded by Councilmember Barrett and carried by the following vote: AYES: 4 COUNCILMEMBERS: Barrett, Haffa, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 1 COUNCILMEMBERS: Albert ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None ***End of Consent Agenda*** 6  City Council Minutes Tuesday, March 20, 2018 PUBLIC APPEARANCE 20. Receive Report and Update on Draft Development Agreement with Ruby Falls Fund, LLC for the Development of the Property Located at 465, 470, 565 and 570 Cannery Row (Not a Project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (“CEQA Guidelines), Article 20, Section 15378) (Plans & Public Works - 203-02) Action: Received report and update Housing and Community Development Manager Caraker briefed City Council on the proposed mixed use project. Adam Lindgren, attorney with Meyers Nave, explained legal features of development agreements in California and answered City Council’s questions. David Armanasco briefed City Council on Ruby Falls Fund, LLC and its founders Bob Faulis and Eric Jones, who each shared a brief statement on the project. Mr. Jones shared details about the project and its team. Neill Brower, land use attorney with Jeffer Mangels Butler & Mitchell LLP, addressed the legal concerns cited by AquaLegacy Development LLC about their ongoing litigation regarding ownership rights of the site, and answered Councilmembers’ questions. Mayor Roberson opened the floor for public comments. Ashley Weinstein-Carnes, attorney with Cox Castle & Nicholson LLP representing AquaLegacy Development LLC, said that their client’s case is in litigation and stated that City should take no action in processing the application further during such a property dispute. She said that their client has been granted motions and encouraged to take the matter further before the courts. Tom Rowley said that the site is the last big hole on Cannery Row and he hopes the courts straighten out the dispute. Gerry Low-Sabado shared her family history as a fifth generation Chinese fishing village descendant. She encouraged educating the community and learning from past injustices with the proposed history center. David Armanasco said that John Narigi asked him to convey that the Monterey Plaza Hotel supports the Ruby Falls Fund project, and that Glenn Hammer asked him to do the same. He read aloud a supportive letter from the Cannery Row Business Association. With no further requests to speak, Mayor Roberson closed public comments. Mayor Roberson called a break at 8:50 p.m. and Councilmember Haffa left the meeting. City Council reconvened at 9:04 p.m. with Councilmember Haffa absent. 21. Receive Direction Regarding Community Involvement in Executive Recruitment for City Manager (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Human Resources - 504-01) Action: Discussed, directed staff by consensus Human Resources Director Hauck asked City Council for direction on organizing a community meeting in early April to incorporate public input into the City Manager recruitment process. Mayor Roberson opened the floor for public comments. Receiving none, he closed public comments. By consensus, Mayor Roberson, Councilmember Smith, and Councilmember Barrett directed staff to pursue a community meeting with the executive recruiter in early April. 7  City Council Minutes Tuesday, March 20, 2018 PUBLIC HEARING 22. 1st Reading – Repeal and Replace Monterey City Code, Chapter 30, Article 1, Sections 1, 1.5, and 1.7 to update the City’s Regulations for Sewer System and Create a Mandatory Sewer Lateral Inspection and Repair Program, Repeal and Replace Monterey City Code Chapter 38, Article 29, Section 38-223 to Modify the Residential Property Inspection Program to a Residential Property Report Program, Amend Monterey City Code Chapter 19, Article 14, Section 19-103(a) to Modify the Name of the Residential Property Inspection Program Fee and Add a Sewer Lateral Inspection Fee, and Amend Resolution 15-215 (Master Fee Schedule) to Modify the Name of the Residential Property Inspection Fee and Increase the Fee to Cover City Costs and Add a Sewer Lateral Inspection Fee(Exempt from CEQA Article 19, Section 15302, Class 2) (Plans & Public Works - 701-11) Action: Received report, discussed, passed ordinance to print as amended (3-0-2, Albert and Haffa absent) Chief Building Official Kuehl gave the staff presentation, detailing proposed regulations, programs, and fees and said that staff designed the residential property report program so as not to increase the staff workload and to reduce the cost to the user. He contrasted the staff recommendations with the Planning Commission’s recommendation that the City Council maintain the existing Residential Property Inspection Program. He answered Councilmembers’ questions. Community Development Director Cole noted that an amended draft ordinance was given to City Council at the dais, correcting Section 4 to read “Residential Property Report Fee” with 100% recovery of costs. Mayor Roberson opened the floor for public comments. Tom Rowley favorably compared the City of Monterey’s property inspection program with those of other local agencies and supported keeping the walk-around inspection even if it means raising the fee. He pointed out the temptation to build Accessory Dwelling Units illegally. Scott Dick, Monterey County Association of Realtors, said that the association wants to keep the walk-around inspection as an option to protect buyers and is willing to help pay for it. With no further requests to speak, Mayor Roberson closed public comments. On question, Interim City Manager Uslar explained that based on statute the City may only charge fees that cover “costs reasonably borne.” He and Chief Building Official Kuehl detailed staffing limitations that would make continued performance of residential property inspections challenging once the required sewer lateral program inspections begin in January 2019. Councilmember Barrett said that adjusting fees automatically to the Consumer Price Index (CPI) is problematic and said he is not open to automatic increases that may not come before the City Council in the future. City Attorney Davi explained that the automatic fee increase is covered under a different part of the City Code and would need to be legally noticed and come to City Council as a separate draft ordinance. Councilmember Barrett said he would like to have the matter agendized to open the discussion. Citing budget concerns, Mayor Roberson said he supported the staff recommendation. Mayor Roberson introduced a motion, which was seconded by Councilmember Smith, to approve staff recommendation #1, to repeal and replace Municipal Code Chapter 30, Article 1, Sections 1, 1.5 and 1.7 updating the City’s regulations for its sewer system and creating a mandatory sewer lateral inspection and repair program. 8  City Council Minutes Tuesday, March 20, 2018 On a substitute motion by Councilmember Barrett, seconded by Councilmember Smith and carried by the following vote, the City Council:  approved staff recommendation #1, passing to print the amended ordinance to repeal and replace Municipal Code Chapter 30, Article 1, Sections 1, 1.5 and 1.7 updating the City’s regulations for its sewer system and creating a mandatory sewer lateral inspection and repair program;  approved staff recommendation #2, passing to print the amended ordinance to repeal and replace Monterey City Code Chapter 38, Article 29, Section 38-223 to modify the Residential Property Inspection Program to a Residential Property Report Program; and  tabled staff recommendation #3, to amend Monterey City Code Chapter 19, Article 4, Section 19-103(a), to be considered at a later date: AYES: 3 COUNCILMEMBERS: Barrett, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 2 COUNCILMEMBERS: Albert, Haffa ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None PUBLIC APPEARANCE 23. Consider Potential Amendments to the City’s Purchasing Ordinance for a Local Business Preference Policy in Purchasing and Provide Direction to Staff (Not a Project under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Finance - 405-01) Action: Tabled (3-0-2, Albert and Haffa absent) Mayor Roberson opened the floor for public comments and receiving none, closed public comments. On a motion by Councilmember Roberson, seconded by Councilmember Barrett, and carried by the following vote, the City Council tabled consideration of potential amendments to the City’s Purchasing Ordinance for a Local Business Preference Policy in Purchasing: AYES: 3 COUNCILMEMBERS: Barrett, Smith, Roberson NOES: 0 COUNCILMEMBERS: None ABSENT: 2 COUNCILMEMBERS: Albert, Haffa ABSTAIN: 0 COUNCILMEMBERS: None RECUSED: 0 COUNCILMEMBERS: None No Council comments or City Manager reports were heard due to the late hour. Mayor Roberson opened the floor for public comments on the closed session agenda and receiving none, closed public comments. The City Council adjourned to closed session at 10:16 p.m. ANNOUNCEMENTS FROM CLOSED SESSION Interim Assistant City Manager Gawf announced the following: cs1. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: Wharf II Warehouse, North Pump House, Location Between North Pump House and South Pump House Agency Negotiators: Patrick Stafford, Kimberly Cole and Janna Aldrete 9 City Council Minutes Tuesday, March 20, 2018 Negotiating Parties: Monterey Fish Company (Sal Tringali); Monterey Abalone (Art Seavey and Trevor Fay); Carmel Canyon Spot Prawns (John Aliotti); Del Mar Seafoods (Joe Cappuccio and Joe Roggio); Gino's Seafoods (Gino Pennisi); Royal Seafoods (Elaine Pennisi); Ocean Fresh Seafood (Robbie Torrise); Southern Cal Seafood (Pete Guglielmo); and Real Good Fish (Alan Lovewell) Under Negotiation: Terms and Conditions for New Leases (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (Plans & Public Works - 206-03) Action: No action – Item not heard cs2. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 95 Fisherman’s Wharf (Wharf 1 Concession 10, The Wharf Theater) Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: DiGirolamo Enterprises, Inc. Under Negotiation: Price and Terms for Purchase of Property and Leasehold Interest (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Plans & Public Works - 206-03) Action: On a roll call vote, the City Council gave confidential direction to their negotiators (3-0-2; Albert and Haffa absent) cs3. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9(d)(1):Stronghold Engineering, Inc. v. City (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) (City Attorney - 703-06) Action: On a roll call vote, the City Council gave confidential direction to their legal counsel (3-0-2; Albert and Haffa absent) cs4. Conference with Legal Counsel - Existing Litigation Pursuant to G.C. Section 54956.9(d)(1) Name of Case: Woyce v. City of Monterey (Workers' Compensation Appeals Board)(Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) (Human Resources - 505-02) Action: On a roll call vote, the City Council gave confidential direction to their legal counsel (3-0-2; Albert and Haffa absent) ADJOURNMENT Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson Acting City Clerk Mayor 10