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Measure P and S Oversight Committee

Regular Meeting

Monterey, CA · October 11, 2021

AgendaMinutesPacket

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. 2

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