Council Regular Meeting
Regular MeetingMonterey, CA · October 5, 2021
Minutes
MINUTES
CITY COUNCIL REGULAR MEETING
CITY OF MONTEREY
Tuesday, October 5, 2021
4:00 PM
COUNCIL CHAMBER AND TELECONFERENCE
MONTEREY, CALIFORNIA
Councilmembers
Present: Albert, Haffa*, Smith, Williamson*, Roberson
Absent: None
* Attended remotely by teleconference
City Staff City Manager, Assistant City Manager, City Attorney, Community
Present: Development Director, Public Works Director, Police Chief, Parks and
Recreation Director, Finance Director, Library Director, City Clerk,
Property Manager
***Afternoon Session Agenda ***
This meeting was held with a combination of in-person and teleconference attendance,
pursuant to the Ralph M. Brown Act, Calif. Government Code section 54953(e)(1)(B).
CALL TO ORDER
Mayor Roberson called the meeting to order at 4:00 p.m. City Clerk Klein explained to the
public how to participate in the meeting virtually and the safety rules for in-person attendance.
She called the roll and the full Council was present, with Councilmembers Albert and Smith and
Mayor Roberson attending in the Council Chamber and Councilmembers Haffa and Williamson
attending by teleconference.
PLEDGE OF ALLEGIANCE
Mayor Roberson led the Pledge.
PRESENTATIONS
1. End of Session Legislative Update by Senator John Laird (Not a project under CEQA per Article
20 Section 15378 and under General Rule Article 5 Section 15061)
Action: Received update
State Senator John Laird, Senate District 17, gave a brief legislative update and answered
Councilmembers' questions.
Public comment was received from Esther Malkin, who shared thoughts about pending
legislation and the Council's recent discussion about a possible rental registry.
PUBLIC COMMENTS
Public comment was received on non-agendized matters from Rick Johnson, Old Monterey
Business Association.
City Council Minutes October 5, 2021
CONSENT ITEMS
Public comment was not received on the Consent Items.
On a motion by Councilmember Williamson, seconded by Councilmember Smith, and carried by
the following vote, which was conducted by roll call, the City Council approved the CONSENT
ITEMS:
AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson
NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
Approval of Minutes
2. September 17, 2021 (Not a Project Under CEQA per Article 20, Section 15378 and Under
General Rule Article 5, Section 15061)
Action: Approved
3. September 21, 2021 (Not a Project Under CEQA per Article 20, Section 15378 and Under
General Rule Article 5, Section 15061)
Action: Approved
Other
4. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to
Government Code Section 54956.8; Property: 340 Tyler Street (Downtown East Garage);
Agency Negotiators: Janna Aldrete; Negotiating Parties: John Lord (Tesla, Inc.); Under
Negotiation: Terms and Conditions for New License Agreement (Not a Project Under CEQA per
Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Appointed real property negotiator Janna Aldrete
5. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to
Government Code Section 54956.8; Property: 601 Wave Street, Suite 200; Agency Negotiators:
Kimberly Cole and Janna Aldrete; Negotiating Parties: Lance Koehler and Christina Whitton-
Koehler (Pacific Pet Treats); Under Negotiation: Terms and Conditions for New Lease (Not a
Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section
15061)
Action: Appointed real property negotiators Kimberly Cole and Janna Aldrete
*** End of Consent Agenda ***
PUBLIC APPEARANCE
6. Authorizing Remote Teleconference Meetings of the City Council and Boards, Commissions,
and Committees for the Period of October 5, 2021 through November 4, 2021 Pursuant to
AB361 Ralph M. Brown Act Provisions (Not a Project Under CEQA per Article 20, Section
15378 and Under General Rule Article 5, Section 15061)
Action: Adopted Resolution No. 21-102 C.S. as amended to remove the "Whereas" clause
relating to the Monterey County Board of Supervisors' Ordinance, and directed staff to
hold Council and Board and Commission meetings in the hybrid format
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City Council Minutes October 5, 2021
City Clerk Klein gave the staff presentation and answered Councilmembers' questions.
Public comment was received by Esther Malkin, who expressed the desire that internet-based
meeting attendance by the public would continue to be offered as a permanent participation
option.
It was proposed by the Council to remove the "Whereas" clause of the draft resolution that
related to the Monterey County Board of Supervisors' recent adoption of a mask mandate
ordinance.
On a motion by Councilmember Haffa, seconded by Councilmember Albert, and carried by the
following vote, which was conducted by roll call, the City Council adopted Resolution No. 21-
102 C.S. Authorizing Remote Teleconference Meetings of the City Council and Boards,
Commissions, and Committees for the Period of October 5, 2021 through November 4, 2021
Pursuant to AB361 Ralph M. Brown Act Provisions, as amended to remove the "Whereas"
clause relating to the Monterey County Board of Supervisors, and directed staff to hold Council
and Board and Commission meetings in the hybrid format with both in-person and
teleconference attendance options:
AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson
NOES: 0 COUNCILMEMBERS: (None)
ABSENT: 0 COUNCILMEMBERS: (None)
ABSTAIN: 0 COUNCILMEMBERS: (None)
RECUSED: 0 COUNCILMEMBERS: (None)
It was stated by Council that agendizing future AB361 findings under "Consent" would be
acceptable, and that a “moderate” community transmission rate of COVID-19 spread might be
appropriate for considering holding in-person meetings.
COUNCIL COMMENTS
Councilmember Albert reported on his recent attendance of the League of California Cities
Annual Conference.
Mayor Roberson remarked positively on the Marotta statue that has been installed downtown.
CITY MANAGER REPORTS
None made.
*** Adjourn to Closed Session (See additional agenda) ***
The Council adjourned to closed session at 4:58 p.m.
ANNOUNCEMENTS FROM CLOSED SESSION
cs1. Closed Session Conference with Real Property Negotiators Pursuant to Government Code
Section 54956.8
Property: 340 Tyler Street (Downtown East Garage)
Agency Negotiators: Janna Aldrete
Negotiating Parties: John Lord (Tesla, Inc.)
Under Negotiation: Terms and Conditions for New License Agreement (Not a Project Under
CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
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City Council Minutes October 5, 2021
Action: On a unanimous roll call vote, the Council gave confidential direction to its real
property negotiator
cs2. Closed Session Conference with Real Property Negotiators Pursuant to Government Code
Section 54956.8
Property: 601 Wave Street, Suite 200
Agency Negotiators: Kimberly Cole and Janna Aldrete
Negotiating Parties: Lance Koehler and Christina Whitton-Koehler (Pacific Pet Treats)
Under Negotiation: Terms and Conditions for New Lease (Not a Project Under CEQA per Article
20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: On a unanimous roll call vote, the Council gave confidential direction to its real
property negotiator
cs3. Conference With Legal Counsel, Existing Litigation Pursuant to Government Code section
54956.9(d)(1): Discovery Charters, Inc. v City of Monterey (Monterey County Superior Court
Case No. 19CV001743) (Not a Project Under CEQA Article 20, Section 15378 and under
General Rule Article 5, Section 15061)
Action: On a unanimous roll call vote, the Council gave confidential direction to its legal
counsel
cs4. (1) Public Employee Performance Evaluation (City Manager) Pursuant to Government
Code section 54957(b)(1) and (2) Conference with Labor Negotiator Pursuant to Government
Code 54957.6 - Unrepresented Employee (City Manager); Agency Negotiator: Allyson Hauck
(Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5,
Section 15061)
Action: A performance evaluation was held
ADJOURNMENT
Respectfully Submitted, Approved,
Clementine Bonner Klein Clyde Roberson
City Clerk Mayor
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Agenda
City Council
Clyde Roberson, Mayor
City Council Agenda Dan Albert, Councilmember
Council Regular Meeting Alan Haffa, Councilmember
Ed Smith, Councilmember
Tuesday, October 5, 2021 Tyller Williamson, Councilmember
Council Chamber 4:00 – 7:00 PM City Manager
580 Pacific St. Hans Uslar
and Teleconference
Monterey, California
IMPORTANT NOTICE: The City of Monterey is committed to the safe public attendance of its
public meetings and seeks to continue to offer virtual methods for public participation.
Details for public participation in this City Council meeting:
BEFORE THIS MEETING, members of the public may submit comment(s) to
cityclerk@monterey.org until ½ hour before the start of the meeting. These messages
will not be read aloud during the meeting but are made available to the Council and
public at monterey.org/submitted-comments. All comments received become part of the
record.
DURING THIS MEETING, members of the public may attend and participate:
o In-person (location listed above), with masks required for all, regardless of
vaccination status, except those who are younger than two years old or have a
medical condition that prevents wearing a mask.
Online via ZoomGov Webinar live (no time delay):
Join on a computer or smartphone: https://monterey-
org.zoomgov.com/j/1607729333
Or join by telephone: Dial 833-568-8864 (Toll Free), 669-254-5252
(Campbell, Calif.) or 646-828-7666 (New York, NY). If one number
doesn’t work, please try another.
Enter Webinar ID: 160 772 9333 #
If prompted to enter a participant ID, press #
To “raise your hand” dial *9. Once called upon, dial *6 to unmute.
Need more help or seeking guidance on making public comments? Read
our ZoomGov Meeting Instructions.
o This meeting will also stream live for viewing only on youtube.com/cityofmonterey
(10 second delay) and on Comcast Channel 25 (up to 90 second delay).
***Afternoon Session Agenda ***
CALL TO ORDER
PLEDGE OF ALLEGIANCE
PRESENTATIONS
1. End of Session Legislative Update by Senator John Laird (Not a project under
CEQA per Article 20 Section 15378 and under General Rule Article 5 Section
15061)
10/5/2021 4:00:00 PM
PUBLIC COMMENTS
PUBLIC COMMENTS allows you, the public, to speak for a maximum of three minutes
on any subject which is within the jurisdiction of the Monterey City Council and which is
not on the agenda. Any person or group desiring to bring an item to the attention of the
City Council may do so by addressing the Council during Public Comments or by
addressing a letter of explanation to: City Clerk, City Hall, Monterey, CA 93940. The
appropriate staff person will contact the sender concerning the details. NOTE: Public
Comments are taken during the afternoon session and continued at the evening session.
Individuals may choose to speak once for up to three minutes at either session, but not
both.
CONSENT ITEMS
CONSENT AGENDA consists of those items which are routine and for which a staff
recommendation has been prepared. A member of the public or a Councilmember may
request that an item be placed on the regular agenda for further discussion.
Approval of Minutes
2. September 17, 2021 (Not a Project Under CEQA per Article 20, Section 15378 and
Under General Rule Article 5, Section 15061)
3. September 21, 2021 (Not a Project Under CEQA per Article 20, Section 15378 and
Under General Rule Article 5, Section 15061)
Other
4. Appoint Agency Negotiators for Conference with Real Property Negotiators
Pursuant to Government Code Section 54956.8; Property: 340 Tyler Street
(Downtown East Garage); Agency Negotiators: Janna Aldrete; Negotiating Parties:
John Lord (Tesla, Inc.); Under Negotiation: Terms and Conditions for New License
Agreement (Not a Project Under CEQA per Article 20, Section 15378 and Under
General Rule Article 5, Section 15061)
5. Appoint Agency Negotiators for Conference with Real Property Negotiators
Pursuant to Government Code Section 54956.8; Property: 601 Wave Street, Suite
200; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties:
Lance Koehler and Christina Whitton-Koehler (Pacific Pet Treats); Under
Negotiation: Terms and Conditions for New Lease (Not a Project Under CEQA per
Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
*** End of Consent Agenda ***
PUBLIC APPEARANCE
PUBLIC APPEARANCE items are reports on non-routine issues that might stimulate
public discussion, but that do not require formal noticing as public hearings. You are
welcome to offer your comments after being recognized by the Mayor. The Council may
limit the time each speaker is allocated.
6. Authorizing Remote Teleconference Meetings of the City Council and Boards,
Commissions, and Committees for the Period of October 5, 2021 through
November 4, 2021 Pursuant to AB361 Ralph M. Brown Act Provisions (Not a
Project Under CEQA per Article 20, Section 15378 and Under General Rule Article
5, Section 15061)
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10/5/2021 4:00:00 PM
COUNCIL COMMENTS
Councilmembers may ask a question for clarification or make a brief announcement or
make a brief report on his or her activities. In addition, Council may provide a referral to
staff or other resources for factual information, or request staff to report back to the body
at a subsequent meeting concerning any City matter (G.C. 54954.2).
CITY MANAGER REPORTS
The City Manager may make a brief report on his activities or a brief announcement. He
may also ask for clarification or direction regarding scheduling of Council meetings and
study sessions.
*** Adjourn to Closed Session (See additional agenda) ***
ADJOURNMENT
Members of the public have the right to address the City Council on any item on the Agenda, before or
during its consideration [G.C. §54954.3(a)]. The Mayor will formally open the floor for public comment on
items such as "Public Appearance" and "Public Hearings."
Writings distributed for discussion or consideration on these matters within 72 hours prior to the meeting,
pursuant to Government Code § 54957.5, are available at: https://monterey.org/submitted-comments
Information distributed to the Council at the Council meeting becomes part of the public record. A copy of
written material, pictures, etc. should be provided for this purpose.
City Council Meetings are cable cast live and recorded for replay on Monterey's Government Access
Channel 25 by Access Media Productions (AMP).
CITY OF MONTEREY'S 24-HOUR SUGGESTION HOTLINES:
Voicemail: (831) 646-3799
Fax: (831) 646-3793
Email: suggest@monterey.org
WebPage: http://www.monterey.org
The City of Monterey is committed to including the disabled in all of its services, programs and
activities. In compliance with the Americans with Disabilities Act, if you need special assistance
to participate in this meeting, please contact the City Clerk’s Office at (831) 646-3935.
Notification 30 hours prior to the meeting will enable the City to make reasonable arrangements
to ensure accessibility to this meeting [28 CFR 35.102-35.104 ADA Title II]. Later requests will
be accommodated to the extent feasible. For communication-related assistance, dial 711 to use
the California Relay Service (CRS) to speak to City offices. CRS offers free text-to-speech, speech-
to-speech, and Spanish-language services 24 hours a day, 7 days a week. If you require a hearing
amplification device to attend a meeting, dial 711 to use CRS to talk to the City Clerk's Office at
(831) 646-3935 to coordinate use of a device.
Upcoming city meetings are listed at http://isearchmonterey.org
More information is available by calling (831) 646-3935
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