Council Chamber, 580 Pacific
St. and Zoom Teleconference
Monterey, California
City Council Agenda
Closed Session Meeting
Council Closed Session
Tuesday, December 20, 2022
4:00 PM
City Council
Tyller Williamson, Mayor
Kim Barber, Councilmember,
District 1
Gino Garcia, Councilmember
Alan Haffa, Councilmember
Ed Smith, Councilmember,
District 2
City Manager
Hans Uslar
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 inperson 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 [email protected] 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://montereyorg.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. 12/20/2022 4:00:00 PM
2 1. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8
Property: 30 Fisherman's Wharf
Agency Negotiators: Kimberly Cole and Janna Aldrete
Negotiating Parties: Michael Ungaro (San Pedro Fish Market Company, LLC) Under Negotiation: Price and Terms of Payment for New Lease Agreement (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
2. Closed Session Conference with Real Property Negotiators Pursuant to Government Code Section 54956.8
Property: 285 Figueroa Street (Monterey Beach Station)
Agency Negotiators: Kimberly Cole and Janna Aldrete
Negotiating Parties: Cheryl Cox and Debbie Young (Cox & Young Ventures, LLC) Under Negotiation: Price and Terms of Payment for Lease Amendment (Not a Project Under CEQA Article 20, Section 15378 and Under General Rule Article 5, Section 15061)
3. A. Conference with Legal Counsel, Existing Litigation Pursuant to Government Code section 54956.9(d)(1):
1. Bonnie Gawf v. City of Monterey (Monterey County Superior Court Case No. 20CV003232)
2. Clara Gilliland v. City of Monterey (Monterey County Superior Court Case No. 22CV003170)
3. Francisca Moralez v. City of Monterey et al. (United States District Court Norther District of California Case No. 22-CV-07540)
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. Yessenia Garcia Reveles, et al. v. City of Monterey et al (Monterey County Superior Court Case Nos. 22CV003162 and 22CV000736)
7. Stronghold Engineering, Inc. v. City of Monterey (Santa Clara County Superior Court Case No. 18CV329015; Sixth District Court of Appeal Case No. H050157)
8. Stronghold Engineering, Inc. v City of Monterey (Riverside County Superior Court Case No. CVR12103427)
9. Sichel Young v. City of Monterey, et al (Monterey County Superior Court Case No. 22CV002243)
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): United Financial Casualty Company Claim received on October 4, 2022
(Not a 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
12/20/2022 4:00:00 PM
3 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: [email protected]
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 [email protected] 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 [email protected] 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-tospeech, 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 Date: 12/20/2022
Item No.: 3.
Council Closed Session, 12/20/2022, Item No. 3., Item Page 1, Packet Page 4 Council Closed Session, 12/20/2022, Item No. 3., Item Page 2, Packet Page 5 Council Closed Session, 12/20/2022, Item No. 3., Item Page 3, Packet Page 6 Council Closed Session, 12/20/2022, Item No. 3., Item Page 4, Packet Page 7 Council Closed Session, 12/20/2022, Item No. 3., Item Page 5, Packet Page 8 Council Closed Session, 12/20/2022, Item No. 3., Item Page 6, Packet Page 9 Council Closed Session, 12/20/2022, Item No. 3., Item Page 7, Packet Page 10 Council Closed Session, 12/20/2022, Item No. 3., Item Page 8, Packet Page 11 Council Closed Session, 12/20/2022, Item No. 3., Item Page 9, Packet Page 12 Council Closed Session, 12/20/2022, Item No. 3., Item Page 10, Packet Page 13 Council Closed Session, 12/20/2022, Item No. 3., Item Page 11, Packet Page 14 Council Closed Session, 12/20/2022, Item No. 3., Item Page 12, Packet Page 15 Council Closed Session, 12/20/2022, Item No. 3., Item Page 13, Packet Page 16 Council Closed Session, 12/20/2022, Item No. 3., Item Page 14, Packet Page 17 Council Closed Session, 12/20/2022, Item No. 3., Item Page 15, Packet Page 18 Council Closed Session, 12/20/2022, Item No. 3., Item Page 16, Packet Page 19 Council Closed Session, 12/20/2022, Item No. 3., Item Page 17, Packet Page 20 Council Closed Session, 12/20/2022, Item No. 3., Item Page 18, Packet Page 21 Council Closed Session, 12/20/2022, Item No. 3., Item Page 19, Packet Page 22 Council Closed Session, 12/20/2022, Item No. 3., Item Page 20, Packet Page 23 Council Closed Session, 12/20/2022, Item No. 3., Item Page 21, Packet Page 24 Council Closed Session, 12/20/2022, Item No. 3., Item Page 22, Packet Page 25 Council Closed Session, 12/20/2022, Item No. 3., Item Page 23, Packet Page 26 Council Closed Session, 12/20/2022, Item No. 3., Item Page 24, Packet Page 27 Council Closed Session, 12/20/2022, Item No. 3., Item Page 25, Packet Page 28 Council Closed Session, 12/20/2022, Item No. 3., Item Page 26, Packet Page 29 Council Closed Session, 12/20/2022, Item No. 3., Item Page 27, Packet Page 30 Council Closed Session, 12/20/2022, Item No. 3., Item Page 28, Packet Page 31 Council Closed Session, 12/20/2022, Item No. 3., Item Page 29, Packet Page 32 Council Closed Session, 12/20/2022, Item No. 3., Item Page 30, Packet Page 33 Council Closed Session, 12/20/2022, Item No. 3., Item Page 31, Packet Page 34 Council Closed Session, 12/20/2022, Item No. 3., Item Page 32, Packet Page 35 Council Closed Session, 12/20/2022, Item No. 3., Item Page 33, Packet Page 36 Council Closed Session, 12/20/2022, Item No. 3., Item Page 34, Packet Page 37