Council Special Meeting
Special MeetingMonterey, CA · June 24, 2020
Minutes
MINUTES
CITY COUNCIL SPECIAL MEETING
CITY OF MONTEREY
Wednesday, June 24, 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, Human Resources Director, 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 4:00 p.m. and introduced the Council. Assistant
City Manager Rojanasathira provided details on how to phone in to the meeting to participate
and provide public comment.
CONSENT ITEMS
Mayor Roberson opened public comments on the Consent Item and received none.
On a motion by Councilmember Haffa, seconded by Councilmember Smith, 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; Properties: 601 Wave Street, Suite 400 (American Country
Classics); 285 Figueroa Street (Cox & Young Ventures, LLC); 43 Fisherman’s Wharf (Portco,
Inc.); Agency Negotiators: Kimberly Cole and Janna Aldrete; Negotiating Parties: Mark Hastings
and William Yakulis (American Country Classics); Cheryl Cox and Debbie Young (Cox & Young
Ventures, LLC); Nick Hoppe (Portco, Inc.); Under Negotiation: Terms and Conditions of Lease
(Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5,
Section 15061)
Action: Appointed negotiators Cole and Aldrete
***End of Consent Agenda***
***Adjourn to Closed Session (See additional agenda)***
City Council Minutes June 24, 2020
Mayor Roberson opened public comments on the closed session, and received none.
The Council adjourned to closed session at 4:03 p.m.
ANNOUNCEMENTS FROM CLOSED SESSION
cs1. 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)
Action: On a unanimous roll call vote, the Council gave confidential direction to its
property negotiators
cs2. 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)
Action: On a unanimous roll call vote, the Council gave confidential direction to its
property negotiators
cs3. 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)
Action: The Council received a report on the Brockman, Custom House, LP, and
Stronghold Engineering, Inc. matters. The remainder of the matters were not heard.
cs4. Closed Session Conference with Real Property Negotiators Pursuant to Government Code
Section 54956.8
Property: 330-350 Alvarado Street (Osio Plaza)
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City Council Minutes June 24, 2020
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)
Action: On a unanimous roll call vote, the Council gave confidential direction to its
property negotiators
cs5. 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)
Action: On a unanimous roll call vote, the Council gave confidential direction to its
property negotiators
cs6. 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)
Action: On a unanimous roll call vote, the Council gave confidential direction to its
property negotiators
cs7. 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)
Action: On a unanimous roll call vote, the Council gave confidential direction to its
property negotiators
cs8. 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)
Action: The Council received a report
ADJOURNMENT
The Council adjourned at 6:11 p.m.
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City Council Minutes June 24, 2020
Respectfully Submitted, Approved,
Clementine Bonner Klein Clyde Roberson
City Clerk Mayor
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Agenda
City Council
Monterey City Council
Clyde Roberson, Mayor
Special Meeting Agenda
Dan Albert, Councilmember
Alan Haffa, Councilmember
City Council Special Meeting
Ed Smith, Councilmember
Tyller Williamson, Councilmember
Wednesday, June 24, 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 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.
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
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
6/24/2020 4:00:00 PM
1. Appoint Agency Negotiators for Conference with Real Property Negotiators
Pursuant to Government Code Section 54956.8; Properties: 601 Wave Street, Suite
400 (American Country Classics); 285 Figueroa Street (Cox & Young Ventures,
LLC); 43 Fisherman’s Wharf (Portco, Inc.); Agency Negotiators: Kimberly Cole and
Janna Aldrete; Negotiating Parties: Mark Hastings and William Yakulis (American
Country Classics); Cheryl Cox and Debbie Young (Cox & Young Ventures, LLC);
Nick Hoppe (Portco, Inc.); Under Negotiation: Terms and Conditions of Lease (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)***
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/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:
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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