Four Noteworthy City Council Special Meeting Agenda Items, January 8, 2018

ABSTRACT: Four Noteworthy City Council Special Meeting Agenda Items, January 8, 2018, including PUBLIC APPEARANCES, CLOSED SESSION, Receive an update from Tim Flanagan, General Manager, Monterey Regional Waste Management District on regional and local waste diversion programs and Sara Treat, Outreach Manager with GreenWaste and CalAm Engineering Manager Chris Cook will provide an update on the Monterey Peninsula Water Supply Project, the utility’s proposed water supply solution for the Monterey Peninsula area. The presentation will include information on the 7-mile, Monterey Pipeline, which is currently under construction in areas of Monterey and Seaside, as well as an overall project schedule encompassing the design, permitting and construction phases of the project. The CITY COUNCIL AGENDA CITY COUNCIL SPECIAL MEETING - CLOSED SESSION Monday, January 8, 2018 document copy is embedded.

Agenda Special Meeting 01-08-18 by L. A. Paterson on Scribd

CITY OF CARMEL-BY-THE-SEA

CITY COUNCIL AGENDA

CITY COUNCIL SPECIAL MEETING - CLOSED SESSION

Monday, January 8, 2018

CLOSED SESSION 4:00 p.m.

OPEN SESSION 6:00 PM

CALL TO ORDER AND ROLL CALL

PUBLIC APPEARANCES

Members of the public are entitled to speak on matters of municipal concern not on the agenda during Public Appearances. Each person's comments shall be limited to 3 minutes, or as otherwise established by the City Council, Board or Commission. Matters not appearing on the City Council, Board or Commission's agenda will not receive action at this meeting but may be referred to staff for a future meeting. Persons are not required to give their names, but it is helpful for speakers to state their names so that they may be identified in the minutes of the meeting.

CLOSED SESSION

A. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Pursuant to Government Code Section 54956.9(D)(1)

Name of Case: Chilone Payton vs. City of Carmel-by-the-Sea, CA

Monterey Superior Court Case No. 16CV003820

B. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Pursuant to Government Code Section 54956.9(D)(1)

Name of Case: Jacqueline Simonelli, Antonio C. Simonelli, Petitioners/Plaintiffs v. City of Carmel-by-the-Sea, California, Christopher Tescher, Dennis Levett, Pot D'Oro, LLC, and Doe 1 through Doe 100, inclusive, Respondents/Defendants Monterey County Superior Court Case No. M123079

C. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Pursuant to Government Code Section 54956.9(D)(1)

Name of Case: Alfred Johnson v. City of Carmel and Does 1 through Doe 20, inclusive, Respondents/Defendants: Monterey County Superior Court Case No.17CV003800

D. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION

Pursuant to Government Code Section 54956.9(D)(1)

Name of Case: Yolanda Macias v. City of Carmel-by-the-Sea, California, and Does 1 through Doe 25, inclusive, Respondents/Defendants Monterey County Superior Court Case No.17CV003685

E. PUBLIC EMPLOYEE PERFORMANCE REVIEW

Government Code Section 54957

Title: City Attorney

F. CONFERENCE WITH LEGAL COUNSEL – EXISTING OR ANTICIPATED

LITIGATION (Facts and Circumstances)

Significant exposure to litigation pursuant to subdivision (b) of Government Code Section 54956.9(d)(2): 1 case

G. PUBLIC EMPLOYEE DISCIPLINE/DISMISSAL RELEASE, GOVERNMENT CODE SECTION 54957: 2 CASES

REFERENCE:

GOVERNMENT CODE - GOV

TITLE 5. LOCAL AGENCIES [50001 - 57550]

  ( Title 5 added by Stats. 1949, Ch. 81. )

            DIVISION 2. CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 55821]

  ( Division 2 added by Stats. 1949, Ch. 81. )

PART 1. POWERS AND DUTIES COMMON TO CITIES, COUNTIES, AND OTHER AGENCIES [53000 - 54999.7]

  ( Part 1 added by Stats. 1949, Ch. 81. )

  

CHAPTER 9. Meetings [54950 - 54963]

  ( Chapter 9 added by Stats. 1953, Ch. 1588. )

54957.  

(a) This chapter shall not be construed to prevent the legislative body of a local agency from holding closed sessions with the Governor, Attorney General, district attorney, agency counsel, sheriff, or chief of police, or their respective deputies, or a security consultant or a security operations manager, on matters posing a threat to the security of public buildings, a threat to the security of essential public services, including water, drinking water, wastewater treatment, natural gas service, and electric service, or a threat to the public’s right of access to public services or public facilities.

(b) (1) Subject to paragraph (2), this chapter shall not be construed to prevent the legislative body of a local agency from holding closed sessions during a regular or special meeting to consider the appointment, employment, evaluation of performance, discipline, or dismissal of a public employee or to hear complaints or charges brought against the employee by another person or employee unless the employee requests a public session.

(2) As a condition to holding a closed session on specific complaints or charges brought against an employee by another person or employee, the employee shall be given written notice of his or her right to have the complaints or charges heard in an open session rather than a closed session, which notice shall be delivered to the employee personally or by mail at least 24 hours before the time for holding the session. If notice is not given, any disciplinary or other action taken by the legislative body against the employee based on the specific complaints or charges in the closed session shall be null and void.

(3) The legislative body also may exclude from the public or closed meeting, during the examination of a witness, any or all other witnesses in the matter being investigated by the legislative body.

(4) For the purposes of this subdivision, the term “employee” shall include an officer or an independent contractor who functions as an officer or an employee but shall not include any elected official, member of a legislative body or other independent contractors. This subdivision shall not limit local officials’ ability to hold closed session meetings pursuant to Sections 1461, 32106, and 32155 of the Health and Safety Code or Sections 37606 and 37624.3 of the Government Code. Closed sessions held pursuant to this subdivision shall not include discussion or action on proposed compensation except for a reduction of compensation that results from the imposition of discipline.

(Amended by Stats. 2013, Ch. 11, Sec. 1. (AB 246) Effective January 1, 2014.)

OPEN SESSION
Items on the consent agenda are routine in nature and do not require discussion or independent action. Members of the Council, Board or Commission or the public may ask that any items be considered individually for purposes of Council, Board or Commission discussion and/ or for public comment. Unless that is done, one motion may be used to adopt all recommended actions.

ORDERS OF BUSINESS
Orders of Business are agenda items that require City Council, Board or Commission discussion, debate, direction to staff, and/or action.

1. Receive an update from Tim Flanagan, General Manager, Monterey Regional Waste Management District on regional and local waste diversion programs and Sara Treat, Outreach Manager with GreenWaste.

2. CalAm Engineering Manager Chris Cook will provide an update on the Monterey Peninsula Water Supply Project, the utility’s proposed water supply solution for the Monterey Peninsula area. The presentation will include information on the 7-mile, Monterey Pipeline, which is currently under construction in areas of Monterey and Seaside, as well as an overall project schedule encompassing the design, permitting and construction phases of the project.

ADJOURNMENT