Council Closed Session

City Council Agenda City Council Closed Session Meeting Tyller Williamson, Mayor Kim Barber, Councilmember, Special Closed Session District 1 Gino Garcia, Councilmember Council Chamber, 580 Pacific Wednesday, June 26, 2024 Alan Haffa, Councilmember St. Monterey, CA Ed Smith, Councilmember, Monterey, California 4:00 PM District 2 and Teleconference Location: AMENDED City Manager The Courtyard by Marriott Hans Uslar Room 106 18610 Madrone Parkway Morgan Hill, CA 95037 HOW TO PARTICIPATE IN THIS MEETING:  Written comment: Members of the public may submit comment(s) to cityclerk@monterey.gov until ½ hour before the start of the meeting. These messages are not read aloud during the meeting but are made available to the meeting body and public at https://monterey.org/submitted-comments. All comments received become part of the record.  In-Person: Please see the meeting location listed above. Wearing a mask is recommended and encouraged.  Remote via ZoomGov Webinar: o Join on a computer or smartphone: https://monterey- org.zoomgov.com/j/1616037682 An up-to-date version of the Zoom software must be used. o Or join by telephone: Dial 833-568-8864 (Toll Free), 669-254-5252 (Campbell, CA) or 646-828-7666 (NY). If one number doesn’t work, please try another.  Enter Webinar ID: 161 603 7682 #  If prompted to enter a participant ID, press #  To “raise your hand,” dial *9. Once called upon, dial *6 to unmute o Need help using or updating Zoom? Read our Zoom Meeting Instructions (PDF)  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). PUBLIC COMMENT PROCEDURES AND TIME LIMITS: The total amount of time allocated for public comment on a particular issue and for each individual speaker is generally as follows: 1. Up to three minutes per speaker. 2. For regular City Council meetings, there are two 15-minute public comment periods, one in the afternoon and one in the evening. Speakers may only comment during one session. 3. The total time allocated for public comment: a. Items pulled from the consent agenda – 15 minutes each item b. Public Appearance items – 30 minutes each item c. Public Hearing items – 30 minutes each item d. Closed session items – 15 minutes each item At the time an item is considered, the Mayor will ask those attending the meeting in person to line up at the podium or raise their hands, and for remote participants to use *9 on the telephone or the “raise hand” function in Zoom, if they wish to address the City Council. The maximum amount of time for each person to speak and the total amount of time allotted for each item will  6/26/2024 4:00:00 PM be determined based on the number of people indicating an interest in speaking and the amount of business to be conducted on the agenda. In exceptional circumstances and when necessary to ensure a full opportunity for public input, the Mayor may, with the legislative body’s consent, adjust the amount of time allowed for public input and/or the time allotted for each speaker. CAMPAIGN CONTRIBUTION DISCLOSURE: Pursuant to the Levine Act (Govt. Code section 84308), any party to a permit, license, contract, or other entitlement before the Council is required to disclose on the record any contribution, including aggregated contributions, of more than $250 made by the party or the party's agents within the preceding 12 months to any City official. Participants and agents are requested to make this disclosure as well. The disclosure must include the name of the party, participant, or agent, and any other person making the contribution; the name of the recipient, the amount of the contribution, and the date the contribution was made. TELECONFERENCE NOTICE Pursuant to California Government Code Section 54953(b)(3), this City Council meeting will include teleconference participation by Councilmember Ed Smith from the remote location listed above, which shall be accessible to the public pursuant to California Government Code Section 54954.3. CALL TO ORDER PLEDGE OF ALLEGIANCE PUBLIC COMMENT ON CLOSED SESSION 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. 1. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9(d)(1): 1. City of Monterey v. Marianne McNicol (Monterey County Superior Court Case No. 23CV001205) 2. City of Monterey v. Leslie J. Flores, Trustee (Monterey County Superior Court Case No. 24CV000750) 3. Lynne DeBoer v. City of Monterey (Monterey County Superior Court Case No. 24CV000929) 4. Lynne Denley v. City of Monterey, et al. (Monterey County Superior Court Case No. 23CV000133) 5. Ashley Ellcessor v. City of Monterey (Monterey County Superior Court Case No. 24CV000649) 6. Francisca Moralez v. City of Monterey et al. (United States District Court Northern District of California Case No. 22-CV-07540) 7. Richard Rosendale v. City of Monterey (Monterey County Superior Court Case No. 23CV000879) 8. Ronald Rogers v. City of Monterey (Monterey County Superior Court Case No. 23CV003206) 9. Pacific Western Bank v. City and Stronghold Engineering, Inc. (San Bernardino Superior Court Case No. CIVSB2212212; Fourth District Court of Appeal Case No. E082907) 2  6/26/2024 4:00:00 PM 10. Stronghold Engineering, Inc. v. City of Monterey (Santa Clara County Superior Court Case No. 18CV329015; Sixth District Court of Appeal Case No. H050157; Supreme Court of California Case No. S283051) 11. Stronghold Engineering, Inc. v City of Monterey (Riverside County Superior Court Case No. CVR12103427; Fourth District Court of Appeal, Division 2, Case No. E080304; Fourth District Court of Appeal, Division 1, Case No. D082763) 12. Cynthia Wills v. City of Monterey (United States District Court, Northern District of California, San Francisco Division Case No. 21-CV-01998 EMC) 13. Marina Vargas Garcia v. City of Monterey (Monterey County Superior Court Case No. 23CV002501) 14. Sichel Young v. City of Monterey, et al (Monterey County Superior Court Case No. 22CV002243) 2. Conference with Agency Labor Negotiators Pursuant to Government Code Section 54957.6 for Labor Negotiations; Agency Negotiators: Brette Neal, Gina Russo; Employee Organizations: General Employees of Monterey (GEM), Management Employees' Association (MEA), Monterey Police Association (MPA), Police Lieutenants' Management Association (PLMA), Monterey Fire Fighters' Association (MFFA), Monterey Fire Chief Officers' Association (MFCOA) (Not a Project under CEQA Article 20, Section 15378 and under General Rule Article 5, Section 15061) ADJOURNMENT 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: monterey.gov/submitted-comments and in the City Manager’s Office at 580 Pacific St., Room 1, Monterey, CA 93940 during regular business hours. Information distributed to the Council at the Council meeting becomes part of the public record. Members of the public who submit written public comment on an agenda item may be subject to the Levine Act which requires disclosure of campaign contributions of more than $250 to an officer of the City within the preceding 12 months. CITY OF MONTEREY'S 24-HOUR SUGGESTION HOTLINES: Voicemail: (831) 646-3799 Email: suggest@monterey.gov Website: http://www.monterey.gov 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.gov 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.gov 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