Measure P and S Oversight Committee
Regular MeetingMonterey, CA · October 11, 2021
Minutes
Council
Agenda Report
FROM: Christine Davi, City Attorney
SUBJECT: Conference with Legal Counsel,
(A.) 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. City of Monterey v. Paul Soares (Monterey County Superior Court Case
No. 24 CV 002533)
4. Paul Soares v. City of Monterey (United States District Court, Northern
District of California Case No. 24-CV-05131-EJD)
5. Ashley Ellcessor v. City of Monterey (Monterey County Superior Court
Case No. 24CV000649)
6. Bryce Hovannisian v. City of Monterey (Monterey County Superior Court
Case No. 24CV003703
7. Francisca Moralez v. City of Monterey et al. (United States District Court
Northern District of California Case No. 22-CV-07540)
8. Richard Rosendale v. City of Monterey (Monterey County Superior Court
Case No. 23CV000879)
9. Ronald Rogers v. City of Monterey (Monterey County Superior Court
Case No. 23CV003206)
10. Pacific Western Bank v. City and Stronghold Engineering, Inc. (San
Bernardino Superior Court Case No. CIVSB2212212; Fourth District
Court of Appeal Case No. E082907)
11. 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)
12. 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)
13. Save Tarpy Flats v. City of Monterey (Monterey County Superior Court
Case No. 24 CV005125)
(B.) Anticipated Litigation, Significant Exposure to Litigation Pursuant to
Government Code section 54956.9(d)(2), (e)(3): Precision Grade, Inc.
Claim dated August 12, 2024
(Not a Project under CEQA Article 20, Section 15378 and under General Rule
Article 5, Section 15061) -- continued from January 21, 2025 Council Regular
Meeting
Attachment: Claim
Agenda
Members
Patrick Aldinger
Measure P and S Oversight Justin Cheng
Committee Meeting Carol Chorbajian
Nicholas Cina
Rick Heuer
Monday, October 11, 2021
Council Chamber
at 580 Pacific St. 10:00 AM City Staff
and Zoom Teleconference Rafaela King, Finance Director
Monterey, California Steve Wittry, Public Works Director
IMPORTANT NOTICE: Pursuant to Government Code 54953(e)(1)(C) and the
City Council’s adopted findings regarding COVID-19 and public meetings,
meetings of the Monterey City Council and its Boards, Commissions, and
Committees are being conducted with a hybrid combination of in-person and
virtual (electronic) participation in order to protect the health and safety of
attendees.
BEFORE EACH MEETING, members of the public may participate by submitting
comment(s) to linsao@monterey.org until ½ hour before the start of the meeting.
These messages are shared with the Council or relevant Board or Commission
prior to the start of the meeting, but are not read aloud. All comments become
part of the record and are made available online at
https://monterey.org/submitted-comments
DURING EACH MEETING:
Join the ZoomGov Webinar to participate or watch the meeting live (no time
delay):
On a computer or smartphone: https://monterey-
org.zoomgov.com/j/1613281592
Or by telephone: Dial 833-568-8864 (Toll Free) or 669-254-5252
(Campbell, Calif.) or 646-828-7666 (New York, NY). If one number
doesn’t work, please try another.
o Enter Webinar ID: 161 328 1592
o If prompted to enter a participant ID, press #
Need more help or seeking guidance on making public comments? Read our
ZoomGov Meeting Instructions
This meeting will also be streamed live on youtube.com/cityofmonterey
(10 second delay) and on Comcast Channel 25 (up to 90 second delay).
CALL TO ORDER
PUBLIC COMMENTS
PUBLIC COMMENTS allows you, the public, to speak for a maximum of three minutes
on any subject which is within the jurisdiction of the Measure P and S Oversight
Committee and which is not on the agenda. Any person or group desiring to bring an
item to the attention of the Measure P and S Oversight Committee may do so by
addressing the Measure P Oversight Committee during Public Comments or by
addressing a letter of explanation to: Finance Department, 735 Pacific St., Monterey, CA
93940. The appropriate staff person will contact the sender concerning the details.
BOARD MEMBER COMMENTS
Measure P and S Oversight Committee members may ask a question for clarification,
10/11/2021 10:00:00 AM
make a brief announcement or make a brief report on his or her activities. In addition, the
Measure P and S Oversight Committee may provide a referral to staff or other resources
for factual information, request staff to report back to the body at a subsequent meeting
concerning any City matter, or direct staff to place a request to agendize a matter of
business on a future agenda (G.C. 54954.2).
1. Approval of July 12, 2021 Minutes
2. Review Unaudited Expenditures from July 1, 2020 through June 30, 2021 for
Conformance to Measure P and S Language
3. Unaudited Periodic Report for Period of July 1, 2020 through June 30, 2021
4. Review Unaudited Expenditures from July 1, 2021 through August 31, 2021 for
Conformance to Measure P and S Language
5. Unaudited Periodic Report for Period of July 1, 2021 through August 31, 2021
6. Discuss Draft Council Agenda Report for Annual Report
7. Discuss 2022 Meeting Calendar
ADJOURNMENT
Members of the public have the right to address the Measure P and S Oversight Committee on any item
on the Agenda, before or during its consideration [G.C. §54954.3(a)]. The Chair will formally open the
floor for public comment on items such as "Public Appearance" and "Public Hearings." If you wish to
speak to items in any other categories, for example "Consent Agenda," please advise the Secretary to the
Committee or the Chair prior to the Measure P and S Oversight Committee's action on that item, and you
will be recognized. Notification as much in advance as possible is appreciated.
The Measure P and S Oversight Committee meeting packet may be reviewed by the public in the Library
or the Finance Department. Any writings or documents pertaining to an open session item provided to a
majority of the Measure P and S Oversight Committee less than 72 hours prior to the meeting, shall be
made available for public inspection at the front counter of the Finance Department, at 735 Pacific Street,
Suite A, Monterey, California 93940 during normal business hours
Information distributed to the Measure P and S Oversight Committee at the meeting becomes part of the
public record. A copy of written material, pictures, etc. should be provided for this purpose.
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.
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