Council Closed Session

City Council Agenda City Council Closed Session Meeting Clyde Roberson, Mayor Dan Albert, Councilmember Special Closed Session Alan Haffa, Councilmember Ed Smith, Councilmember Wednesday, June 24, 2020 Tyller Williamson, Councilmember 4:00 PM City Manager 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. Enter the conference room number, then #. 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. 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 CLOSED SESSION Part or all of a meeting may be closed to the public under special conditions. Council can consider only matters covered in the agenda descriptions. Closed session items will be heard at the end of the afternoon session of the regular Council Meeting.  6/24/2020 4:00:00 PM 1. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 160 Municipal Wharf #2 and Approximately 3,238 Square Feet of Area Located Under the Wharf #2 Warehouse Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Art Seavey (Monterey Abalone Company) 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) 2. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 601 Wave Street, Suite 500 Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Richard Miller Under Negotiation: Price and Terms for Lease Amendment (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) 3. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9(d)(1): 1. Todd Brockman v. City et al (United States District Court, Northern District of California, Case No. 20-CV-03029 2. Kate Corres v. City (Monterey County Superior Court Case No. 20CV001232) 3. Custom House, LP (Portola Hotel) v. City (Monterey County Superior Court Case No. 19CV001743) 4. Discovery Charters, Inc. v. City (Monterey County Superior Court Case No. 19CV004935) 5. Joyce Haferman v. City (Monterey County Superior Court Case No. 19CV003737) 6. Bryce Morgan v. City (Monterey County Superior Court Case No. 18CV004527) 7. Stronghold Engineering, Inc. v. City (Santa Clara Superior Court Case No. 18CV329015) 8. Denise Sullivan v. City et al (Monterey County Superior Court Case No. 20CV001442) 9. City v. State Water Resources Control Board (In re: Central Coast Regional Water Quality Control Board Notice of Violation and Enforcement Order Issued June 21, 2019 - 3-27M2000068) 10. 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) Not a Project Under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) 4. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 330-350 Alvarado Street (Osio Plaza) Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Patrick Prindle (MCM Diversified as agent for Green Valley Corporation) Under Negotiation: Terms and Conditions for Lease Termination (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) 2  6/24/2020 4:00:00 PM 5. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 43 Fisherman's Wharf (Portco, Inc.) Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Nick Hoppe (Portco, Inc.) Under Negotiation: Terms and Conditions of Lease (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) 6. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 601 Wave Street, Suite 400 (American Country Classics) Agency Negotiators: Kimberly Cole and Janna Aldrete Negotiating Parties: Mark Hastings and William Yakulis (American Country Classics) Under Negotiation: Terms and Conditions of Lease (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061) 7. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8 Property: 285 Figueroa Street (Cox & Young Ventures, LLC) 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) 8. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 Agency Negotiators: Allyson Hauck and Gina Russo; General Employees of Monterey (GEM), Management Employees' Association (MEA), Police Lieutenants' Management Association (PLMA), Monterey Fire Chief Officers' Association (MFCOA), Monterey Police Association (MPA), Monterey Fire Fighters' Association (MFFA) Monterey Executive Management Employees' Association (MEMEA) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) 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/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 videotaped for replay on Monterey's Government Access Channel 25 by Access Monterey Peninsula (AMP). CITY OF MONTEREY'S 24-HOUR SUGGESTION HOTLINES: 3  6/24/2020 4:00:00 PM 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 4