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, September 6, 2022 Tyller Williamson, Councilmember 4:00 PM City Manager Council Chamber 580 Pacific St. Hans Uslar and Zoom Teleconference Monterey, California IMPORTANT NOTICE: Pursuant to California Government Code section 54953(e)(1)(A) and (C) and the Monterey City Council’s resolution authorizing virtual participation in public meetings given the COVID-19 pandemic, meetings of the Monterey City Council and its Boards, Commissions, and Committees are being conducted with a hybrid format providing both in- person and virtual (electronic) participation in order to promote social distancing and protect the health and safety of attendees. 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 THE PUBLIC COMMENT SESSION FOR THIS CLOSED SESSION, members of the public may attend and participate: o In-person (location listed above), with masks REQUIRED for all, regardless of vaccination status, except those who are younger than two years old or have a medical condition that prevents wearing a mask.  Online via ZoomGov Webinar live (no time delay):  Join on a computer or smartphone: https://monterey- org.zoomgov.com/j/1607729333 An up-to-date version of the Zoom software must be used.  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 using or updating Zoom? Read our ZoomGov Meeting Instructions. o Public comment on the closed session items 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 Public Comment on Closed Session Agenda Items 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.  9/6/2022 4:00:00 PM 1. Conference with Labor Negotiator Pursuant to Government Code section 54957.6 - Unrepresented Employee (City Attorney); Agency Negotiator: Che Johnson, Esq. (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) 2. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6 Agency Negotiators: Brette Neal, Gina Russo, Che Johnson; General Employees of Monterey (GEM), Monterey Fire Chief Officers' Association (MFCOA), and Monterey Fire Fighters' Association (MFFA) (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 54956.1(d)(1): WARREN, RICHARD vs. CITY OF MONTEREY (Workers’ Compensation Appeals Board) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) 4. Conference with Legal Counsel – Existing Litigation Pursuant to Government Code Section 54956.1(d)(1): ERLICH, DAVID vs. CITY OF MONTEREY (Workers’ Compensation Appeals Board) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) 5. A. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9(d)(1): 1. Discovery Charters, Inc. v. City of Monterey (Monterey County Superior Court Case No. 19CV001743; Sixth District Court of Appeals Case No. H049770) 2. Alexander Dubelman v. City of Monterey, Amma Farms et al (Monterey County Superior Court Case No. 22 CV001080) 3. Bonnie Gawf v. City of Monterey (Monterey County Superior Court Case No. 20CV003232) 4. Ryan Pace v. City of Monterey, et al (Monterey County Superior Court Case No. 21 CV003538) 5. Pacific Western Bank v. City and SEI (San Bernadino Superior Court Case No. 2212212) 6. Stronghold Engineering, Inc. v. City of Monterey (Santa Clara County Superior Court Case No. 18CV329015; Sixth District Court of Appeal Case No. H050157) 7. Stronghold Engineering, Inc. v City of Monterey (Riverside County Superior Court Case No. CVR12103427) 8. Sichel Young v. City of Monterey, et al (Monterey County Superior Court Case No. 22CV002243) 9. Kathleen Sullivan v. Hinshaw et al. (Monterey County Superior Court Case No. 22CV000557) 10. Cynthia Wills v. City of Monterey (United States District Court, Northern District of California, San Francisco Division Case No. 21-CV-01998 EMC) B. Conference with Legal Counsel, Significant Exposure to Litigation Pursuant to Government Code section 54956.9(d)(2), (e)(3): Yessenia Reveles, Mason Reyes, and Remi Reyes Claims received on August 3, 2022 (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: S/E Corner of Waterfront Parking Lot Agency Negotiators: Janna Aldrete Negotiating Parties: John Lord (Tesla, Inc.) 2  9/6/2022 4:00:00 PM Under Negotiation: Price and Terms of Payment for New License Agreement (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." 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 INTERPRETATION: The Monterey City Council invites and encourages public participation at its meetings. Requests for language interpretation may be made by contacting the City Clerk at cityclerk@monterey.org or 831-646-3935. The City Clerk will make every effort to accommodate requests for interpreter assistance. Requests should be made as soon as possible in advance of any meeting of the City Council. The City is committed to addressing language interpretation requests swiftly in order to maximize public participation. ACCESSIBILITY: 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 cityclerk@monterey.org or (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