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2020-02-18 CC CS MinutesSpecial Meeting Alameda City Council February 18, 2020 MINUTES OF THE SPECIAL CITY COUNCIL MEETING TUESDAY- -FEBRUARY 18, 2020- -5:30 P.M. Mayor Ezzy Ashcraft convened the meeting at 5:30 p.m. Roll Call – Present: Councilmembers Daysog, Knox White, Oddie, Vella and Mayor Ezzy Ashcraft – 5. [Note: Councilmember Vella arrived at 5:41 p.m.] Absent: None. Consent Calendar (20-076) Recommendation to Approve Eric Levitt, City Manager, Gerry Beaudin, Assistant City Manager, Nancy Bronstein, Human Resources Director, and Alan Cohen, Assistant City Attorney, as Labor Negotiators for the City of Alameda. Accepted. Vice Mayor Knox White moved approval of the staff recommendation. Councilmember Oddie seconded the motion, which carried by unanimous voice vote – 4. [Absent: Councilmember Vella – 1.] Public Comment Stated that he submitted a letter; discussed conflict of interests and campaign contributions: Jay Garfinkle, Alameda. The meeting was adjourned to Closed Session to consider: (20-077) Conference with Labor Negotiators (Government Code section 54957.6); City Negotiators: Eric Levitt, City Manager; Gerry Beaudin, Assistant City Manager; Nancy Bronstein, Human Resources Director; and Alan Cohen, Assistant City Attorney; Employee Organizations: International Brotherhood of Electrical Workers, Local 1245 (IBEW), Electric Utility Professional Association of Alameda (EUPA), Alameda City Employees Association (ACEA), Alameda Police Officers Association Non -Sworn Unit (PANS), and Alameda Management and Confidential Employees Association (MCEA), International Association of Firefighter, Local 689 (IAFF) Alameda Fire Managers Association (AFMA), Alameda Police Officers Association (APOA) and Alameda Police Managers Association (APMA), Executive Management Employees (EXME) and Alameda Municipal Power Unrepresented Management Employees (AMPU); Under Negotiation: Salaries, Employee Benefits and Terms of Employment (20-078) Conference with Legal Counsel – Existing Litigation (Pursuant to Government Code § 54956.9); Case Name: Boatworks v City of Alameda, et al.; Court: Superior Special Meeting Alameda City Council February 18, 2020 Court of the State of California, County of Alameda; Case Numbers: RG16823346, RG16841240, RG19041531 (20-079) Conference with Legal Counsel – Liability Claim (Pursuant to Government Code § 54956.95); Claimant: Grand Edibles, Inc.; Agenc y Claimed Against: City of Alameda Following the Closed Session, the meeting was reconvened and the City Clerk announced that regarding Labor and Existing Litigation, staff provided information to Council and direction was provided to staff with no vote taken; regarding the Claim, staff provided information; this matter involves a claim filed by Grand Edibles, Inc., against the City of Alameda alleging that the City breached its obligations as landlord under a lease for 300 Island Drive in the City of Alameda; Grand Edibles contents that beginning in June of 2018, the City allowed the adjacent lessee and operator of the Chuck Corica Golf Complex, Greenway Golf Associates, Inc., to reconstruct the north golf course in a manner that interfered with Grand Edibles business and forced it to close; the City has tendered Grand Edibles’ claim to Greenway and maintains that at all times it acted in accordance with all of its obligations as landlord; nonetheless, in order to avoid the expense and uncertainty of litigation, by the following voice vote: Ayes: Councilmembers Daysog, Knox White, Vella and Mayor Ezzy Ashcraft – 4, Abstention: Councilmember Oddie – 1, the City Council authorizes the City Attorney to settle this matter with Grand Edibles by paying Grand Edibles an amount not to exceed $100,000, less a $50,000 reimbursement payment which Greenway will provide to the City within five days of Grand Edibles March 31, 2020 lease termination date; an amount not to exceed $69,000 for monthly rent due from Grand Edibles for the months of February and March 2020, as well as all unpaid delinquent rent, late fees and interest from March 1, 2019 through January 31, 2020 shall also be waived. Adjournment There being no further business, Mayor Ezzy Ashcraft adjourned the meeting at 6:49 p.m. Respectfully submitted, Lara Weisiger City Clerk The agenda for this meeting was posted in accordance with the Sunshine Ordinance.