Council Closed Session

City Council Agenda City Council Closed Session Meeting Clyde Roberson, Mayor Dan Albert, Councilmember Council Closed Session Alan Haffa, Councilmember Ed Smith, Councilmember Wednesday, September 23, Tyller Williamson, Councilmember 2020 City Manager 4:00 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, 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 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.  9/23/2020 4:00:00 PM 1. 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. 20-CV-002445) 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) (Continued from September 16, 2020) 2. 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) 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 2  9/23/2020 4:00:00 PM 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 3