Council Special Meeting
Special MeetingMonterey, CA · September 16, 2020
Minutes
MINUTES
CITY COUNCIL SPECIAL MEETING
CITY OF MONTEREY
Wednesday, September 16, 2020
4:00 PM
MONTEREY, CALIFORNIA
Councilmembers
Present: Albert, Haffa, Smith, Williamson, Roberson
Absent: None
City Staff City Manager, Assistant City Manager, City Attorney, Community
Present: Development Director, 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 4:02 p.m.
PLEDGE OF ALLEGIANCE
Mayor Roberson led the Pledge.
CONSENT ITEMS
Assistant City Manager Rojanasathira provided details on how to phone into the meeting to
participate and provide public comment.
No public comment was received on the Consent Items.
On a motion by Councilmember Smith, seconded by Mayor Roberson, 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)
Other
1. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to
Government Code Section 54956.8; Property: 720 Cannery Row (Bubba Gump Shrimp
Company);
Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Mike Zimmerman
(Cannery Row Company); Under Negotiation: Terms and Conditions for Consent to Sublease
Extension (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule
Article 5, Section 15061)
Action: Appointed Kimberly Cole and Janna Aldrete as agency negotiators
City Council Minutes September 16, 2020
2. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to
Government Code Section 54956.8; Property: 30 Fisherman's Wharf (Scales Seafood &
Steaks);
Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Mary Alice Cerrito
Fettis and Gloria Brown; Under Negotiation: Terms and Conditions for Lease Extension (Not a
Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section
15061)
Action: Appointed Kimberly Cole and Janna Aldrete as agency negotiators
3. Appoint Agency Negotiators for Conference with Real Property Negotiators Pursuant to
Government Code Section 54956.8; Property: 20 Ryan Ranch Road (McGraw-Hill);
Agency Negotiators: Hans Uslar, Kimberly Cole and Janna Aldrete; Negotiating Parties: Thor
Wiles and Doug Holowink (CBRE, as representatives for MHE Criterion, LLC); Under
Negotiation: Terms and Conditions for Lease Assignment (Not a Project Under CEQA per
Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
Action: Appointed Hans Uslar, Kimberly Cole, and Janna Aldrete as agency negotiators
***End of Consent Agenda***
***Adjourn to Closed Session (See additional agenda)***
The Council adjourned to closed session at 4:08 p.m.
Adjourn to City Council Meeting
ANNOUNCEMENTS FROM CLOSED SESSION
1. Closed Session Conference with Real Property Negotiators Pursuant to Government Code
Section 54956.8
Property: 720 Cannery Row (Bubba Gump Shrimp Company)
Agency Negotiators: Kimberly Cole and Janna Aldrete
Negotiating Parties: Mike Zimmerman (Cannery Row Company)
Under Negotiation: Terms and Conditions for Consent to Sublease Extension (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 negotiators
2. Closed Session Conference with Real Property Negotiators Pursuant to Government Code
Section 54956.8
Property: 30 Fisherman's Wharf (Scales Seafood & Steaks)
Agency Negotiators: Kimberly Cole and Janna Aldrete
Negotiating Parties: Mary Alice Cerrito Fettis and Gloria Brown
Under Negotiation: Terms and Conditions for Lease Extension (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 direction to their real property
negotiatiors to decline to negotiate with Mary Alice Cerrito Fettis and Gloria Brown, in
order to pursue negotiations with the existing sublessee
3. Closed Session Conference with Real Property Negotiators Pursuant to Government Code
Section 54956.8
Property: 20 Ryan Ranch Road (McGraw-Hill)
Agency Negotiators: Hans Uslar, Kimberly Cole and Janna Aldrete
Negotiating Parties: Thor Wiles and Doug Holowink (CBRE, as agent for MHE Criterion, LLC)
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City Council Minutes September 16, 2020
Under Negotiation: Terms and Conditions for Lease Assignment (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 real
property negotiators
4. Closed Session Conference with Real Property Negotiators Pursuant to
Government Code Section 54956.8
Property: 48 Fisherman's Wharf (Wharf 1, Concessions 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 unanimous roll call vote, the Council tabled the matter
5. Conference with Legal Counsel:
A. Existing Litigation Pursuant to Government Code section 54956.9(d)(1):
1. City of Arcata, et al (incl. City of Monterey) v. Pacific Gas & Electric Company (San Francisco
Superior Court Case No. CCC-20-585483)
2. Gary Baker v. City of Monterey (Monterey County Superior Court Case No. 20CV002230)
3. Todd Brockman v. City of Monterey (USDC ND Cal 20CV03029)
4. Scott and Karen Calley, et al, v. City of Monterey (Monterey County Superior Court Case No.
20CV0022201)
5. Kate Corres v. City of Monterey (Monterey County Superior Court 20CV001232)
6. Custom House Hotel, LP (Portola Hotel) v. City of Monterey (Monterey County Superior
Court Case No. 19CV001743)
7. Custom House Hotel, LP (Portola Hotel) v. City of Monterey (Monterey County Superior
Court Case No. 20CV002252)
8. Discovery Charters, Inc. v. City of Monterey (Monterey County Superior Court Case No.
19CV001743)
9. Joyce Haferman v. City (Monterey County Superior Court Case No. 19CV003737)
10. Bryce Morgan v. City of Monterey (Monterey County Superior Court Case No. 18CV004527)
11. Stronghold Engineering v. City of Monterey (Santa Clara County Superior Court Case No.
18CV329015)
12. Denise Sullivan v. City of Monterey (Monterey County Superior Court Case No.
20CV001442)
13. City vs Monterey Peninsula Regional Airport District (Monterey County Superior Court Case
No. )
14. City vs. State Water Resources Control Board (In re: Central Coast Regional Water Quality
Control Board Notice of Violation and Enforcement Order Issued June 21, 2019)
15. City of Portland, et al (including City of Monterey) v. Federal Communications Commission
(Court of Appeals for the Ninth Circuit Case Nos. 19-70144, 19-70341, 19-70136, and 17-0146)
B. Anticipated Litigation, Significant Exposure to Litigation Pursuant to Government Code
section 54956.9(d)(2), (e)(3) - Bonnie Gawf Claim dated August 24, 2020
Action: On the matter of Stronghold Engineering v. City of Monterey, on a unanimous roll
call vote, the Council gave confidential direction to their legal counsel; On the matter of
the Bonnie Gawf claim dated August 24, 2020, on a unanimous roll call vote, the Council
gave direction to their legal counsel to deny the Gawf claim; On a unanimous roll call
vote, the Council continued all matters except for the Gawf claim to September 23, 2020
ADJOURNMENT
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City Council Minutes September 16, 2020
Respectfully Submitted, Approved,
Clementine Bonner Klein Clyde Roberson
City Clerk Mayor
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Agenda
Monterey City Council City Council
Special Meeting Agenda Clyde Roberson, Mayor
Dan Albert, Councilmember
Council Special Meeting Alan Haffa, Councilmember
Ed Smith, Councilmember
Wednesday, September 16, Tyller Williamson, Councilmember
2020
City Manager
4:00 PM – 5:30 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 will be
conducted with virtual (electronic) participation only. Members of the public may watch
the live stream of the City Council and Boards and Commission meetings
at https://www.youtube.com/cityofmonterey (up to 10 second delay) or on television on
Channel 25 (up to 90 second delay). The YouTube live stream has the shortest delay
and is recommended for anyone wishing to provide public comment (see details below).
BEFORE EACH MEETING, members of the public may participate by submitting
comment(s) to cityclerk@monterey.org from an email account or a cell phone's texting
app until ½ hour before the start of the meeting. These emails and text messages will be
shared with the Council or relevant Board or Commission prior to the start of the
meeting, but will not be read aloud during the meeting. All comments received will
become part of the record.
DURING EACH MEETING, members of the public may participate by calling and
speaking live during the designated time(s), subject to time limits that may be imposed
pursuant to the Brown Act. To provide public comment:
o Please follow along with the meeting on the YouTube live stream, as it has the
shortest delay, and only call when the public comment period is announced.
o When the public comment period is announced, call the telephone number that
will be provided on-screen and announced by the Mayor, then enter #.
o You will be muted upon joining the call.
o Enter *5 to "raise your hand." When it is your turn to speak, you will be unmuted.
Please remember to turn the sound off on your television or computer when it is
your turn to talk (or as soon as you call in). Leaving your television or computer
on will cause interference with the broadcast and the audience will not be able to
hear you.
o Between comment periods, please hang up the phone. If you wish to comment
on another item, please call back when the public comment period is announced.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
CONSENT ITEMS
9/16/2020 4:00:00 PM
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: 720 Cannery Row
(Bubba Gump Shrimp Company);
Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Mike
Zimmerman (Cannery Row Company); Under Negotiation: Terms and Conditions
for Consent to Sublease Extension (Not a Project Under CEQA per Article 20,
Section 15378 and Under General Rule Article 5, Section 15061)
2. Appoint Agency Negotiators for Conference with Real Property Negotiators
Pursuant to Government Code Section 54956.8; Property: 30 Fisherman's Wharf
(Scales Seafood & Steaks);
Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Mary
Alice Cerrito Fettis and Gloria Brown; Under Negotiation: Terms and Conditions for
Lease Extension (Not a Project Under CEQA per Article 20, Section 15378 and
Under General Rule Article 5, Section 15061)
3. Appoint Agency Negotiators for Conference with Real Property Negotiators
Pursuant to Government Code Section 54956.8; Property: 20 Ryan Ranch Road
(McGraw-Hill);
Agency Negotiators: Hans Uslar, Kimberly Cole and Janna Aldrete; Negotiating
Parties: Thor Wiles and Doug Holowink (CBRE, as representatives for MHE
Criterion, LLC); Under Negotiation: Terms and Conditions for Lease Assignment
(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)***
Adjourn to City Council Meeting
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.
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9/16/2020 4:00:00 PM
City Council Meetings are cable cast live and videotaped for replay on Monterey's Government Access
Channel 25 by Access Monterey Peninsula (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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