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 Tuesday, July 6, 2021 Tyller Williamson, Councilmember Council Chamber at 4:00 PM City Manager 580 Pacific Street Hans Uslar Monterey, California and Zoom Teleconference IMPORTANT NOTICE: The City of Monterey is committed to the safe public attendance of its public meetings and seeks to continue to offer virtual methods for public participation options. Governor Newsom's Executive Order N-29-20 remains in effect, providing greater flexibility for agencies holding public meetings during the COVID-19 (coronavirus) pandemic. Details for public participation in this City Council meeting:  BEFORE THIS MEETING, members of the public may submit comment(s) to cityclerk@monterey.org until ½ hour before the start of the meeting. These messages will not be read aloud during the meeting but are made available to the Council and public at monterey.org/submitted-comments. All comments received become part of the record.  DURING THIS MEETING, members of the public may attend and participate: o In-person (location listed above), with:  Protective face coverings required at all times, including when speaking (food and beverages must be consumed outside), and  Capacity limited to 15 members of the public to allow for social distancing. When the meeting room capacity has been reached, guests must wait outside to form a queue.  All phones and electronic devices must be muted in the Council Chamber to avoid feedback and interference. o Online via ZoomGov Webinar live (no time delay):  Join on a computer or smartphone: https://monterey-org.zoomgov.com/j/1607729333  Or join by telephone: Dial 833-568-8864 (Toll Free), 669-254-5252 (Campbell, Calif.) or 646-828-7666 (New York, NY). If one number doesn’t work, please try another.  Enter Webinar ID: 160 772 9333 #  If prompted to enter a participant ID, press #  To “raise your hand” dial *9. Once called upon, dial *6 to unmute. Need more help or seeking guidance on making public comments? Read our ZoomGov Meeting Instructions. This meeting will also stream live for viewing only on youtube.com/cityofmonterey (10 second delay) and on Comcast Channel 25 (up to 90 second delay). 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.  7/6/2021 4:00:00 PM 1. 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: Chris Shake and Sabu Shake, Jr. 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. A. Conference with Legal Counsel, 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. Discovery Charters, Inc. v. City of Monterey (Monterey County Superior Court Case No. 19CV001743) 4. Bonnie Gawf v. City of Monterey (Monterey County Superior Court Case No. 20CV003232) 5. Bryce Morgan v. City of Monterey (Monterey County Superior Court Case No. 18CV004527) 6. Chong Pak v. City of Monterey (Monterey County Superior Court Case No. 20CV003077) 7. Stronghold Engineering v. City of Monterey (Santa Clara County Superior Court Case No. 18CV329015) 8. Denise Sullivan v. City of Monterey (Monterey County Superior Court Case No. 20CV001442) 9. Cynthia Wills v. City of Monterey (United States District Court, Northern District of California, Case No. 21-cv-01998-EMC) 10. City vs. Monterey Peninsula Regional Airport District (Monterey County Superior Court Case No. 20CV002445) 11. 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) 12. 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. Conference with Legal Counsel, Anticipated Litigation Initiation of Litigation Pursuant to paragraph (4) of subdivision (d) of Government Code section 54956.9 (One Case) (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): MCALISTER, FREDRICK vs. City of Monterey (Workers' Compensation Appeals Board No. ADJ10856497) (Not a Project Under CEQA per Article 20, Section 15378 and Under General Rule Article 5, Section 15061) 4. 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 2  7/6/2021 4:00:00 PM Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) RECESS 5:30 p.m. Adjourn to City Council Meeting 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." Writings distributed for discussion or consideration on these matters within 72 hours prior to the meeting, pursuant to Government Code § 54957.5, are available at: 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 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