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Council Special Meeting

Special Meeting

Monterey, CA · October 28, 2020

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Minutes

MINUTES CITY COUNCIL SPECIAL MEETING CITY OF MONTEREY Wednesday, October 28, 2020 4:00 PM MONTEREY, CALIFORNIA Councilmembers Present: Albert, Haffa, Smith, Williamson, Roberson Absent: None City Staff Assistant City Manager, City Attorney, Community Development Director, Present: City Clerk, Property Manager Pursuant to Section 3 of Executive Order N-29-20, issued by Governor Newsom on March 17, 2020, this meeting was conducted with telephonic/video participation only by all parties. CALL TO ORDER Mayor Roberson called the meeting to order at 4:07 p.m. Assistant City Manager Rojanasathira explained to the public how to participate in the meeting and provide public comment. CONSENT ITEMS Public comment on the Consent Item was not received. On a motion by Councilmember Smith, seconded by Councilmember Albert, and carried by the following vote, which was conducted by roll call, the City Council approved the CONSENT ITEM: AYES: 5 COUNCILMEMBERS: Albert, Haffa, Smith, Williamson, Roberson NOES: 0 COUNCILMEMBERS: (None) ABSENT: 0 COUNCILMEMBERS: (None) ABSTAIN: 0 COUNCILMEMBERS: (None) RECUSED: 0 COUNCILMEMBERS: (None) Other 1. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 256 Figueroa Street; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Mike Zimmerman (Surfside Enterprises, Inc.); Under Negotiation: Terms and Conditions for Lease Amendment (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Appointed ***End of Consent Agenda*** ***Adjourn to Closed Session (See additional agenda)*** Public comment on the closed session was received from Robbie Torrise, Ocean Fresh Seafood Company, who spoke in favor of receiving a lease for Wharf II Warehouse space (Item cs3). City Council Minutes October 28, 2020 The Council adjourned to closed session at 4:18 p.m. ANNOUNCEMENTS FROM CLOSED SESSION 1. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 285 Figueroa Street Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Cheryl Cox and Debbie Young (Cox & Young Ventures, LLC) Under Negotiation: Terms and Conditions of Lease (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 their property negotiators 2. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 48 Fisherman's Wharf (Wharf 1, Concession 22-23 & 30) Agency Negotiators: Kimberly Cole and Hans Uslar Negotiating Parties: Chris Arcoleo Under Negotiation: Terms and Conditions for Extension of Lease (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: On a roll call vote of Council (4-1, Councilmember Williamson voting no), and a roll call vote of Council (4-1, Councilmember Smith voting no), the Council gave confidential direction to its property negotiators 3. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: Wharf II Warehouse Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Carmel Canyon Spot Prawns (John Aliotti); Robbie's Ocean Fresh Seafood (Robbie Torrise); Monterey Abalone Company (Art Seavey and Trevor Fay); and Monterey Fish Company (Tony Lombardo) 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) Action: On a unanimous roll call vote, the Council gave confidential direction to its property negotiators 4. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9(d)(1), City of Monterey v. Monterey Peninsula Airport District (Monterey County Superior Court Case No. 20CV02445) Action: Received update 5. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9(d)(1), Custom House Hotel, LP (Portola Hotel) v. City of Monterey (Monterey County Superior Court Case No. 19CV001743) Action: On a unanimous roll call vote, the Council gave confidential direction to its legal counsel 6. Public Employee Performance Evaluation (City Manager) Pursuant to Government Code section 54957(b)(1) (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) -- Continued from October 20, 2020 Action: Not heard 2 City Council Minutes October 28, 2020 7. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 256 Figueroa Street Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Mike Zimmerman (Surfside Enterprises, Inc.) Under Negotiation: Terms and Conditions for Lease Amendment (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) Action: Not heard ADJOURNMENT The Council adjourned at 6:57 p.m. Respectfully Submitted, Approved, Clementine Bonner Klein Clyde Roberson City Clerk Mayor 3

Agenda

City Council Monterey City Council Clyde Roberson, Mayor Special Meeting Agenda Dan Albert, Councilmember Alan Haffa, Councilmember Council Special Meeting Ed Smith, Councilmember Tyller Williamson, Councilmember Wednesday, October 28, 2020 City Manager 4:00 PM – 7:00 PM Hans Uslar Monterey, California IMPORTANT NOTICE: Pursuant to Governor Newsom's Executive Orders N-29-20 and N-33- 20, and to do all we can to help slow the spread of COVID-19 (coronavirus), meetings of the Monterey City Council and its Boards and Commissions are being conducted with virtual (electronic) participation only. BEFORE EACH MEETING, members of the public may participate by submitting comment(s) to cityclerk@monterey.org until ½ hour before the start of the meeting. These emails and text messages are shared with the Council or relevant Board or Commission prior to the start of the meeting, but are not read aloud. All comments become part of the record and are made available online at https://monterey.org/submitted-comments DURING EACH MEETING: Join the ZoomGov Webinar to participate or watch the meeting live (no time delay):  On a computer or smartphone: https://monterey-org.zoomgov.com/j/1607729333  Or by telephone: Dial 833-568-8864 (Toll Free) or 669-254-5252 (Campbell, Calif.) o Enter Webinar ID: 160 772 9333 # o If prompted to enter a participant ID, press #  Need more help or seeking guidance on making public comments? Read our ZoomGov Meeting Instructions. Meetings are also streamed live on youtube.com/cityofmonterey (10 second delay) and on Comcast Channel 25 (up to 90 second delay). CALL TO ORDER 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. Other 1. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8; Property: 256 Figueroa Street; Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Mike Zimmerman (Surfside Enterprises, Inc.); Under Negotiation: Terms and Conditions for Lease Amendment (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) ***End of Consent Agenda*** ***Adjourn to Closed Session (See additional agenda)*** 10/28/2020 4:00:00 PM ANNOUNCEMENTS FROM CLOSED SESSION 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." Comment may be made via the method described in the Important Notice (re: COVID-19) at the top of the agenda. Writings distributed for discussion or consideration on these matters within 72 hours of the meeting, pursuant to Government Code § 54957.5, are available at the following link: https://monterey.org/SubmittedComments 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 videotaped 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 2

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