Sand City City Council
January 18, 2022

REGULAR MEETING

JOINT SAND CITY COUNCIL AND

SUCCESSOR AGENCY OF THE

REDEVELOPMENT AGENCY
TUESDAY, JANUARY 18, 2022
5:30 PM
1 1. ROLL CALL

2. PLEDGE OF ALLEGIANCE
AGENDA

JOINT SAND CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
Regular Meeting - Tuesday, January 18, 2022
5:30 PM

THIS MEETING WILL BE HELD VIRTUALLY AND IS COMPLIANT WITH ASSEMBLY BILL (“AB”) 361, SIGNED INTO LAW ON SEPTEMBER 16, 2021, WHICH AMENDS GOVERNMENT CODE SECTION 54953 TO PROVIDE AUTHORITY FOR PUBLIC

AGENCIES TO HOLD VIRTUAL MEETINGS DURING A PROCLAIMED STATE OF EMERGENCY AND REMAIN IN COMPLIANCE WITH THE BROWN ACT (GOV. CODE §§ 54950 ET SEQ.).

TO PARTICIPATE IN THE ZOOM COUNCIL MEETING LIVE:
https://us02web.zoom.us/j/4614728829
Meeting ID: 461 472 8829
To participate telephonically by calling the number below:
(669) 900-6833
Meeting ID: 461 472 8829#
If prompted to enter a participant ID, press #
How to submit written Public Comments:

If any member of the public would like to provide written comments at the meeting, please do as set forth below.

Written: All comments received before 8:00 am the day of the meeting will be posted on the City’s website as “Correspondence” under the relevant agenda item and provided to the City Council members at the meeting. Please email your comments to [email protected].

Read Aloud During the Meeting: Email your comments to [email protected] when the Mayor opens the public comment period for the relevant agenda item; please indicate the agenda item and title in your email subject line. If you want your comment read aloud, prominently write “Read Aloud at Meeting” at the top of the email and your comments will be read into the record (not to exceed three minutes at staff’s cadence).

DURING EACH MEETING, members of the public may participate by calling and speaking live during the designated time(s), subject to time limits that may be imposed pursuant to the Brown Act at the number provided above. 2 3. INVOCATION

4. ANNOUNCEMENT BY MAYOR, CITY ATTORNEY, & CITY STAFF

5. COMMUNICATIONS
Members of the public may address the City Council/Successor Agency on matters not appearing on the City Council/Successor Agency Agenda at this time for up to three minutes. In order that the City Clerk may later identify the speaker in the minutes of the meeting, it is helpful if speakers state their names. Public comments regarding items on the scheduled agenda will be heard at the time the item is being considered by the City Council/Successor Agency.

The City Council Chambers podium is equipped with a portable microphone for anyone unable to come to the podium. If you need assistance, please advise the City Clerk as to which item you would like to comment on and the microphone will be brought to you.

6. CONSENT CALENDAR
The Consent Agenda consists of routine items for which City Council approval can be taken with a single motion and vote. A Council member may request that any item be placed on the Regular Agenda for separate consideration. 6A. Approval of December 21, 2021 Sand City Council Meeting Minutes

12.21.21 Minutes.pdf
6B. Approval of City RESOLUTION Updating the Appointments to Various Local and Regional Agencies and Boards effective January 19, 2022 Staff Report Appointments List for 2022.pdf
Resolution. Updating Appointments.2022.pdf
6C. Approval of City RESOLUTION Confirming Members of the Sand City Arts Committee
Staff report.Confirming Arts Committee Members.pdf
Resolution. Confirming Members of the Art Committee.2022.pdf 6D. Acceptance of City/Successor Agency Monthly Financial Report, November 2021 City/Successor Agency Monthly Financial Report, November 2021pdf 6E. Approval of City RESOLUTION Authorizing the Extension of Remote Teleconference Meetings of the City Council and Boards, Commissions, and Committees for the period of January 19, 2022 through February 18, 2022 pursuant to AB 361 and Ralph M. Brown Act Provisions
Resolution. Authorizing the Extension of Remote Teleconference Meetings.pdf

7. CONSIDERATION OF ITEMS PULLED FROM CONSENT CALENDAR

8. PRESENTATION
8A. Presentation by City Planner Charles Pooler and Executive Vice President Todd Sheller of Lyles Diversified, Inc., on the Conceptual Park and Playground Designs for the South of Tioga easement
South of Tioga - Park Easement concepts.pdf
3 8B. Presentation by Leon Gomez, Contract City Engineer of Harris and Associates, Mike Bellinger of BFS Architects, and Mark Parker, Sand City Public Works Supervisor on the Calabrese Park Improvement Project
8C. Presentation by Steven Kitrell, Founder of Veloce Valuations on Proposed 2022 Petrol & Paint Celebration of the Arts
Petrol & Paint 2022 Presentation .pdf
Petrol & Paint Letters of Recommendation.pdf

9. PUBLIC HEARING
9A. Consideration of City RESOLUTION Approving Conditional Use Permit 650 for Michelle Djokic to Conduct and Host Performing Arts and Cultural Events at 440-A Ortiz Avenue
Staff Report. CUP for Michelle Djokic for Arts and Cultural Event Resolution. Approving CUP 650 for Michelle Djokic.pdf

10. NEW BUSINESS
10A. Approval of City RESOLUTION Authorizing the City Attorney to Execute a Contract with Meyers Nave, Riback, Silver & Wilson, PLC Staff Report. City Contract for Legal Services with Meyers Nave.pdf Resolution. Authorzing the City Attorney to Execute a Contract with Meyers, Nave, Riback, Silver & Wilson.pdf
10B. Consideration of Successor Agency RESOLUTION Authorizing the Agency Counsel to Execute a Contract with Meyers, Nave, Riback, Silver & Wilson, PLC Staff Report. SA Contract Services with Meyer Nave.pdf
SA Resolution. Authorizing the Agency Counsel to Execute a Contract with Meyer, Nave, Riback, Silver & Wilson.pdf
10C. Consideration and Approval of Future Dates for 2020 Sand City Events Confirmation of Future Dates for Sand City Events.pdf
10D. Comments by Council Members on Items of Interest to Sand City 10E. Upcoming Meetings/Events

12. ADJOURNMENT
The current agenda is available in PDF format on our website at:
www.sandcity.org
If you have a request for a disability-related modification or accommodation, including auxiliary aids or services, which will allow you to participate in a Sand City public meeting, please call the City Clerk at (831) 394-3054 extension 220, or give your written request to the City Clerk at 1 Pendergrass Way, Sand City, CA 93955 at least 48 hours prior to the scheduled meeting to allow the City Clerk time to arrange for the requested modification or accommodation.
4 AGENDA ITEM
6A.

Approval of December 21, 2021 Sand City
Council Meeting Minutes
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12.21.21 Council Meeting Minutes
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MINUTES

JOINT SAND CITY COUNCIL AND SUCCESSOR

AGENCY OF THE REDEVELOPMENT AGENCY
Regular Meeting - Tuesday, December 21, 2021
5:30 PM
As allowed per Assembly Bill (AB361), this meeting was conducted in person and by teleconference
Mayor Carbone opened the meeting at 5:31 p.m.

AGENDA ITEM 1, ROLL CALL

Present: Mayor Mary Ann Carbone
Council Member Cruz (virtual attendance)
Council Member Sofer (virtual attendance)
Council Member Hawthorne {excused absence}
Council Member Blackwelder (virtual attendance)
Staff: Vibeke Norgaard, Acting City Manager
Connie Horca, City Clerk (virtual attendance)
Charles Pooler, City Planner
Brian Ferrante, Chief of Police
Devon Lazzarino, Accounting Specialist
AGENDA ITEM 2, PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by City Planner Pooler.

AGENDA ITEM 3, INVOCATION
The invocation was led by Reverend Robert Hellam.

AGENDA ITEM 4, ANNOUNCEMENT BY MAYOR, CITY ATTORNEY, & CITY STAFF Acting City Manager/City Attorney Norgaard reported on the status of the City phone lines, internet connection, City manager recruitment, scheduled water shut-off, conclusion of the Art Park cornhole event, grand opening of Total Wine, and success of the Santa-Con event.

Mayor Carbone reported on the Central Coast Community Energy increase to begin January 2022, victim training provided by the Restorative Justice Commission, the AMBAG-RHNA numbers, young professionals event, her attendance at the Total Wine soft opening, the Monterey Fire Departments Christmas Toy Drive, and the Red Kettle Luncheon hosted by the Salvation Army.

AGENDA ITEM 5, COMMUNICATIONS
5:43 P.M. Floor opened for Public Comment.
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Mr. Todd Sheller, Vice President of Lyles Diversified Inc., provided an update on the South of Tioga project and the water main on Sabu Shake Way.

Sand City resident Tom McCullough, who also serves as a Board Member of Monterey Bay racing suggested a racing program within the City. He was informed to contact the Acting City Manager and City Planner.
5:46 P.M. Floor closed to Public Comment.

AGENDA ITEM 6, CONSENT CALENDAR
6A. There was no discussion of the Sand City Council Meeting Minutes of November 23, 2021 Special City Council Meeting and the December 7, 2021 Regular Council Meeting.
6B. There was no discussion of the City Resolution Updating Schedule M, City Clerk Fees and Charges related to Administrative Department Fees 6C. There was no discussion of the City RESOLUTION Authorizing Continued Banking Services Agreement with Mechanics Bank
6D. There was no discussion of the City RESOLUTION Recognizing Mayor Mary Ann Carbone for 30 years of Exemplary Service to the City of Sand City 6E. There was no discussion of the City Donation/Contribution to Jacobs Heart Children's Cancer Services for $250.
5:47 P.M. Floor opened for Public Comment.

There were no comments from the Public in person, via writing or through telecommunications.
5:47 P.M. Floor closed to Public Comment.

Motion to approve the Consent Calendar was made by Council Member Blackwelder, seconded by Council Member Sofer. Roll call Vote AYES: Council Members Blackwelder, Carbone, Cruz, Sofer. NOES: None. ABSENT: Council Member Hawthorne. ABSTAIN:

None. Motion carried.

AGENDA ITEM 7, CONSIDERATION OF ITEMS PULLED FROM CONSENT CALENDAR There were no items pulled from the Consent Calendar.

AGENDA ITEM 8, ORDER OF BUSINESS
{Council Member Cruz recused from the meeting due to a possible conflict by residing within 500’ of the subject property}
8A. Consideration of City RESOLUTION Approving a Memorandum of Understanding (MOU) between the City of Sand City and DBO Development 7 Joint Sand City and Successor Agency of the Redevelopment Agency

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No. 30, LLC regarding South of Tioga Public Improvements and Fund for the Edgewater Habitat Restoration
Acting City Manager Norgaard presented the Memorandum of Understanding (MOU) regarding the South of Tioga Public Improvements and Fund for the Edgewater Habitat restoration. She reported that the agreement ensures that promised funds to the habitat is established, provides for details regarding public improvements for the remaining portions of California Avenue, and outlined the details of annual payments to be made for the habitat. Approval of the MOU will result in a positive fiscal impact of $110,000 over a five-year period dedicated to funding the City’s maintenance of the North of Playa Habitat area. Staff recommends approval of the attached resolution.
5:51 P.M. Floor opened for Public Comment.

Todd Sheller, Vice President of Lyles Diversified Inc. commented on the hard work placed in the creation of the MOU and expressed his pleasure in working with Ms.

Norgaard and the former City Manager Blair.
5:57 P.M. Floor closed to Public Comment.

Motion to approve the City Resolution approving a Memorandum of Understanding (MOU) between the City of Sand City and DBO Development No. 30, LLC regarding South of Tioga Public Improvements and Fund for the Edgewater Habitat Restoration was made by Council Member Blackwelder, seconded by Council Member Sofer. Roll call Vote AYES: Council Members Blackwelder, Carbone, Sofer. NOES: None. ABSENT: Council Member Hawthorne. ABSTAIN:

Council Member Cruz. Motion carried.

AGENDA ITEM 9, PUBLIC HEARING
9A. Second Reading of ORDINANCE of the City Council of the City of Sand City approving the First Amendment to the Development Agreement by and between DBO Development No. 30, LLC and the City of Sand City relating to the development commonly known as the South of Tioga Project Acting City Manager/City Attorney Norgaard presented the second reading of the Ordinance. She reported that the Council approved the first reading at the December 7, 2021 Council meeting and highlighted the amendments to the Development Agreement that included replacement of the Consumer Price Index used to calculate the CFD tax payment, the limited temporary tax credit, amendment of the VTM for public parks, and construction of the remaining portions of California Avenue. Staff recommends approval of the second reading of the Ordinance approving the First Amendment to the Development Agreement.
5:57 P.M. Floor opened for Public Comment.

There were no comments from the Public in person, via writing or through telecommunications.
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5:57 P.M. Floor closed to Public Comment.

Motion to waive full reading of the City Ordinance approving the First Amendment to the Development Agreement by and between DBO Development No. 30, LLC and the City of Sand City relating to the development commonly known as the South of Tioga Project was made by Council Member Blackwelder, seconded by Council Member Sofer. Roll call Vote AYES: Council Members Blackwelder, Carbone, Sofer. NOES: None. ABSENT: Council Member Hawthorne. ABSTAIN:

Council Member Cruz. Motion carried.

Motion to approve the Second Reading by title only, of the City Ordinance approving the First Amendment to the Development Agreement by and between DBO Development No. 30, LLC and the City of Sand City relating to the development commonly known as the South of Tioga Project was made by Council Member Blackwelder, seconded by Council Member Sofer. Roll call Vote AYES:

Council Members Blackwelder, Carbone, Sofer. NOES: None. ABSENT: Council Member Hawthorne. ABSTAIN: Council Member Cruz. Motion carried. 9B. Consideration and Approval of City RESOLUTION to Establish Community Facilities District No. 2021-1 (South of Tioga Project and to Authorize the Levy of Special Taxes
Acting City Manager/City Attorney Norgaard reported that she has been working with Sara Mares of NBS Consulting on the establishment of a Community Facilities District (CFD) for the South of Tioga project. Ms. Norgaard provided information on the resolution of intention and noted that a CFD involves a special financing agreement required to offset the cost of the development. She introduced Sara Mares who provided additional information regarding what would be required for the formation of a CFD, background information on Prop 13 which changed the way cities can raise revenue, and details on the timeline for the formation of the CFD. A first and second reading to form the district would occur as well as resolutions that will need to come before the Council for approval. A boundary map will need to be recorded, ballot mailed, and notices published prior to the public hearing date.

Sara Mares responded to questions regarding how the CFD election will be conducted, and that the City should see the funds once the first certificate of occupancy is established.

Mr. Sheller mentioned that the hotel is ready to construct, and reported on the progress of Phase 1.

Ms. Mares also provided information regarding the petition process, calling of election, and canvassing of votes for the formation of the CFD. 6:15 P.M. Floor opened for Public Comment.
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There were no comments from the Public in person, via writing or through telecommunications.
6:15 P.M. Floor closed to Public Comment.

Motion to approve the City Resolution to establish Community Facilities District No. 2021-1 (South of Tioga Project and to Authorize the Levy of Special Taxes was made by Council Member Sofer, seconded by Council Member Blackwelder. Roll call Vote AYES: Council Members Blackwelder, Carbone, Sofer. NOES: None.

ABSENT: Council Member Hawthorne. ABSTAIN: Council Member Cruz. Motion carried.
{Council Member Cruz returned to the meeting}
9C. Consideration of City RESOLUTIONS regarding the Sand City Sustainable Transportation Plan
1) Approval of City Resolution Adopting a Negative Declaration regarding the Sand City Sustainable Transportation Plan
2) Approval of City Resolution Adopting the Sand City Sustainable Transportation Plan
3) Approval of City Resolution to Approve a Mitigation Monitoring Program for the Sand City Sustainable Transportation Plan City Planner Charles Pooler reported that the first draft of the Sustainable Transportation Plan was presented to the Council on October 5, 2021 and is being presented for final adoption in addition to adoption of a mitigated negative declaration and Mitigation Monitoring and Reporting Program. He introduced Mr.

Richard James of EMC Planning Group who will be giving the presentation.

Mr. James provided the background regarding the SB 1 Sustainable Communities Grant from Caltrans for the preparation of a City-wide Sustainable Transportation Plan in order to coordinate future improvements for pedestrian, bicyclist, and the mobility challenged. He presented the plan description, and an overview map of specific locations within the City that would be addressed. The plan would take into consideration the railroad corridor trail improvements, ADA access at the shopping center, scenic trail interim improvements behind HomeGoods, West End-East Dunes route, and also provided an illustration of the second changes to the 1st draft.

Mr. James also presented the results of the prioritization survey with the railroad corridor ranking first and the bicycle tail connection at California Avenue to Seaside High School second. Mr. James recommended that the Council consider adoption of the mitigated negative declaration, approval of the Sustainable Transportation Plan, and adoption of the Mitigated Monitoring Program.

City Planner Pooler added that new designs were presented to incorporate aspects of the plan, and suggested that the Council establish priorities of which improvements would occur foremost when updating the Capital Improvement Plan (CIP).
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Mr. Pooler addressed Council Member Blackwelder’s inquiry regarding the ADA access form McDonalds, and noted that the plan involves making the area safer by identifying vehicles and people walking.
6:40 P.M. Floor opened for Public Comment.

There were no comments from the Public in person, via writing or through Telecommunications.
6:40 P.M. Floor closed to Public Comment.
1) Motion to approve the City Resolution adopting a Negative Declaration regarding the Sand City Sustainable Transportation Plan was made by Council Member Sofer, seconded by Council Member Blackwelder. Roll call Vote AYES:

Council Members Blackwelder, Carbone, Cruz, Sofer. NOES: None. ABSENT:

Council Member Hawthorne. ABSTAIN: None. Motion carried. 2) Motion to approve the City Resolution adopting the Sand City Sustainable Transportation Plan was made by Council Member Sofer, seconded by Council Member Blackwelder. Roll call Vote AYES: Council Members Blackwelder, Carbone, Cruz, Sofer. NOES: None. ABSENT: Council Member Hawthorne. ABSTAIN: None.

Motion carried.
3) Motion to approve the City Resolution to Approve a Mitigation Monitoring Program for the Sand City Sustainable Transportation Plan was made by Council Member Blackwelder, seconded by Council Member Sofer. Roll call Vote AYES:

Council Members Blackwelder, Carbone, Cruz, Sofer. NOES: None. ABSENT:

Council Member Hawthorne. ABSTAIN: None. Motion carried.

AGENDA ITEM 10, NEW BUSINESS
10A. Consideration of City RESOLUTION Approving a Service Agreement with SLV Management (Stephen Vagnini) for the 2022 West End Celebration (WEC)
Acting City Manager/City Attorney Norgaard reported that Staff seeks approval of the attached contract for the 2022 West End Celebration. The contract is the same as the previous year, will be expensed over two fiscal years, is budgeted for $80,000, with $27,500 allocated for Mr. Vagnini’s services. The proposed budgets from last year and 2022 are attached for comparison. Staff recommends the Council approve the attached resolution approving a service agreement for the 2022 West End Celebration.

There was Council discussion regarding provisions in the event of cancellation. Ms.

Norgaard pointed out that provisions are provided for on page 670 of the agenda packet that allows the Council to reserve the right to cancel, and that Vagnini is required to ensure that any sub-agreements entered into will allow for full reimbursement to the extent it is feasible.
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6:52 P.M. Floor opened for Public Comment.

Mr. Vagnini reported on the 2020 event that did not happen, the successful event that was held in 2021, safety concerns, the ability to cancel, and anticipation that Covid cases will decrease by the summer to provide for a wonderful 2022 celebration.
6:53 P.M. Floor closed to Public Comment.

Motion to approve the City Resolution approving a Service Agreement with SLV Management (Stephen Vagnini) for the 2022 West End Celebration (WEC) was made by Council Member Blackwelder, seconded by Council Member Sofer. Roll call Vote AYES: Council Members Blackwelder, Carbone, Cruz, Sofer. NOES:

None. ABSENT: Council Member Hawthorne. ABSTAIN: None. Motion carried. 10B. Presentation on and Consideration of the Audited Financial Statements for the Year ended June 30, 2021 and Independent Auditors Report by Therese Courtney and Mike Nolan of Hayashi and Wayland, LLC
1) Approval of City RESOLUTION Accepting the Audited Financial Statements for the Year ended June 30, 2021 and Independent Auditor's Report
Mayor Carbone welcomed Mike Nolan from Hayashi and Wayland, LLC who will be providing the presentation on the audited financial statements for year ended June 30, 2021.

Mr. Nolan reported that staff met with the Budget Committee on November 9, 2021 to review the draft audited financial statements. The final audited financial statements represent the auditors clean unmodified opinion in all respects. He reported that the City’s assets exceeded its liabilities resulting in a net position of $1.25M, depreciation of capital assets, increase in pension liabilities, and property and sales tax transactions. The decrease in expenses throughout all departments added to the positive net change. There were no significant or unusual transactions, issues discussed, and disagreement with management. The audit process went well, and all adjustments were made, with no significant difficulties in performing the audit. It is recommended that the Council approve the attached resolution accepting the audited financial statements for the year ended June 30, 2021.

Council Member Cruz noted that Staff took proactive actions that resulted in a positive ending, such as a hiring freeze and decreased spending during the pandemic.

Council Member Sofer expressed her appreciation and approved the recommendation.

Mayor Carbone thanked the Staff for their efforts.
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7:30 P.M. Floor opened for Public Comment.

There were no comments from the Public in person, via writing or through telecommunications.
7:30 P.M. Floor closed to Public Comment.

Motion to approve the City Resolution accepting the Audited Financial Statements for the Year ended June 30, 2021 and Independent Auditor's Report was made by Council Member Cruz, seconded by Council Member Sofer. Roll call Vote AYES:

Council Members Blackwelder, Carbone, Cruz, Sofer. NOES: None. ABSENT:

Council Member Hawthorne. ABSTAIN: None. Motion carried.

Mayor Carbone thanked Mr. Nolan, Ms. Courtney, and Ms. Lazzarino for being proactive and cutting back expenses. She mentioned the future lease payments that will cease that would create a drastic change in revenue. 10C. Consideration of Successor Agency RESOLUTION Confirming Reinstatement of a Loan Agreement between the City of Sand City and the Former Sand City Redevelopment Agency, Finding the Loan is an Enforceable Obligation within the meaning of Health and Safety Code Sections 34171(d)(2) and 34191.4(b)(2) and Approving Adjustments to the Repayment Schedule as Approved by Resolution SA 21-02
Acting City Manager/City Attorney Norgaard reported that the item presented is regarding the loan the City made to the former Redevelopment Agency prior to its dissolution, and funds to be repaid. She mentioned a correction to page 3 of the staff report indicating that it should read SA 21-02, and introduced Special Counsel Barbara Leibold of Leibold, McClendon & Mann.

Ms. Leibold provided background on the Seaside Loan and Costco Agreement that were entered into in 1989, in which the City agreed to financially assist the former Redevelopment Agency (RDA) by loaning the City sales and use taxes generated by the Redevelopment Project area on an “as needed” basis pursuant to an agreement. Under the terms of the loan agreement the former RDA agreed to repay the City from future property tax increment funds, which the former RDA made prior to dissolution. The payment is listed on the recognized obligation payment schedule. The Oversight Board approved the reinstatement of the Loan Agreement on September 16, 2021; however, on October 28, 2021, the Department of Finance sent a letter to the Successor Agency and the Oversight Board determining that the Loan Agreement did not meet the definition of an “enforceable obligation” under Health and Safety Code section 34191.4(b)(2)(A). Ms. Leibold explained the Dissolution Act, and that both loan agreements met the criteria as outlined in Health and Safety Code sections 34171(d) and section 34191.4 (b)(2)(A). She further explained the City loan terms, the recalculated percentage, and outstanding unpaid balance as of June 30, 2022. Staff recommends approval of the attached resolution.
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Ms. Leibold responded to Council Member Blackwelder’s inquiry that other cities have dealt with this as well, and that some loans are approved while others are not. 7:30 P.M. Floor opened for Public Comment.

There were no comments from the Public in person, via writing or through telecommunications.
7:30 P.M. Floor closed to Public Comment.

Motion to approve the Successor Agency Resolution confirming Reinstatement of a Loan Agreement between the City of Sand City and the Former Sand City Redevelopment Agency, Finding the Loan is an Enforceable Obligation within the meaning of Health and Safety Code Sections 34171(d)(2) and 34191.4(b)(2) and Approving Adjustments to the Repayment Schedule as Approved by Resolution SA 21-02 was made by Agency Member Blackwelder, seconded by Agency Member Sofer. Roll call Vote AYES: Agency Members Blackwelder, Carbone, Cruz, Sofer.

NOES: None. ABSENT: Agency Member Hawthorne. ABSTAIN: None. Motion carried.
10D. Consideration of Successor Agency RESOLUTION Approving the Recognized Obligation Payment Schedule (ROPS 22-23) and Administrative Budget for the period July 1, 2022 through June 30, 2023 Barbara Leibold of Leibold, McClendon & Mann reported that the attached item is the Recognized Obligation Payment Schedule (ROPS 22-23), and Successor Agency administrative budget. The ROPS includes the $500,000 repayment of the City loan, there were no new enforceable obligations not previously listed, includes the $1,975,068 plus $275,500 for bond payments, and $250,000 for administrative costs.

Ms. Norgaard added that the increase to the Administrative Budget for the fiscal year is for legal expenses associated with potential litigation of the Loan Agreement.
7:36 P.M. Floor opened for Public Comment.

There were no comments from the Public in person, via writing or through telecommunications.
7:37 P.M. Floor closed to Public Comment.

Motion to approve the Successor Agency Resolution approving the Recognized Obligation Payment Schedule (ROS 22-23) and Administrative Budget for the period July 1, 2022 through June 30, 2023 was made by Agency Member Sofer, seconded by Agency Member Blackwelder. Roll call Vote AYES: Agency Members Blackwelder, Carbone, Cruz, Sofer. NOES: None. ABSENT: Agency Member Hawthorne. ABSTAIN: None. Motion carried.
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10E. Comments by Council Members on Items of Interest to Sand City City Planner Pooler provided an update for Council Member Blackwleder regarding SB 1383 and mentioned that GreenWaste Recovery is in the midst of gearing up for the implementation of SB 1383, and expects full enforcement to implemented by 2024.
10F. Upcoming Meetings/Events
There were no upcoming events and meetings. The Mayor reminded the Council that the January 4, 2022 Council meeting has been cancelled. She wished everyone a Happy Holiday, New Year, and continued safety.

AGENDA ITEM 11, ADJOURNMENT
There was consensus of the City Council to adjourn the meeting at 7:42 p.m. to the next regularly scheduled Council meeting on Tuesday, January 18, 2021 at 5:30 p.m. _______________________________
Connie Horca, City Clerk
15 AGENDA ITEM
6B.

Approval of City RESOLUTION Updating
the Appointments to Various Local and
Regional Agencies and Boards effective
January 19, 2022
16 City of Sand City
Memorandum
TO: City Council
FROM: Mary Ann Carbone, Mayor
DATE: January 11, 2022 (for January 18, 2022 Council meeting) SUBJECT: Changes to the Local and Regional Agency Appointments for 2022 ______________________________________________________________________ Background:

Each year, the City Council reviews the council and staff appointments to various local and regional agencies throughout Monterey County. The appointed representatives serve to represent the City of Sand City on various local and regional agency boards. On January 19, 2021 the Council adopted Resolution SC 21-02 updating appointments to various local and regional agencies and boards. The attached Exhibit A, lists the designated representative that will serve on those committees, and has been updated to reflect said appointments of council and staff.

CEQA:

This action does not constitute a "project" as defined by the California Environmental Quality Act (CEQA) guidelines section 15378.

Fiscal Impact:

There is no fiscal impact associated with the approval of the appointments to local and regional agency boards.

Recommendation:

It is recommended that the council approve the attached resolution updating the appointments to various local and regional agencies and boards effective January 19, 2022.
17 CITY OF SAND CITY
RESOLUTION SC ___ 2022

RESOLUTION OF THE CITY COUNCIL OF SAND CITY UPDATING THE

APPOINTMENTS TO VARIOUS LOCAL AND REGIONAL AGENCIES AND BOARDS EFFECTIVE JANUARY 19, 2022
WHEREAS, the Sand City Council has appointed representatives who have represented the City of Sand City well in the past on their respective board assignments; and WHEREAS, the attached Sand City Representatives List also reflects Staff appointments to various agencies and organizations; and
WHEREAS, the Sand City Representatives List also includes the appointments of Sand City business owners, City Manager-Staff Members, and property owners to Advisory Committees as listed in the attached Exhibit A; and
WHEREAS, the attached Sand City Representatives List has been updated to reflect the changes to appointments of those who have expressed their desire to serve on various agencies.

NOW, THEREFORE, BE IT RESOLVED that the City Council of Sand City hereby approves the appointments including changes as listed on Exhibit A, attached hereto and incorporated herein by this reference.

PASSED AND ADOPTED by the City Council this 18th, day of January, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
___________________________
Mary Ann Carbone, Mayor
ATTEST:
__________________________
Connie Horca, City Clerk
18 Agency Staff Members Agency
Telephone
Various Agencies & Organizations
AMBAG Board: Mayor Mary Ann Carbone; Jerry Blackwelder 883-3750 2nd Wednesday each month @ 6:00 p.m. Technical/Planning: City Manager; Charles Pooler Ambag: (RAC) Regional Advisory Committee VACANT 883-3750 Airport Land Use Commission Mayor Mary Ann Carbone 755-5066 4th Monday each month @ 3:00 p.m. Alternate: Jerry Blackwelder Chambers of Commerce: Sand City/Seaside Board: Libby Sofer; Staff: Mayor Mary Ann Carbone 394-6501 Community Human Services Board: Mayor Mary Ann Carbone 899-4131 3rd Thursday each month @ 11:00 a.m. Alternate: Kim Cruz Finance: Linda Scholink Community Restorative Justice Commission Appt. by Board of Supervisors: Mayor Mary Ann Carbone (831) 755-3961 3rd Monday each month@
League of Ca.Cities Legislative Liaison Team Mayor Mary Ann Carbone 915-8293 Monterey Bay Division -elected
2nd Vice President: Mayor Mary Ann Carbone
MBAIF/MBASIA Devon Lazzarino; City Manager 438-0267
Quarterly or as Needed
MC Convention & Visitors Bureau Community Relations: Kim Cruz 831-657-6409 Quarterly or as Needed Alternate: Libby Sofer
Monterey One Water (formerly: MRWPCA) Chair: Mayor Mary Ann Carbone; Jerry Blackwelder 372-3367 last Monday of each month @ 6:00 p.m. Staff: City Manager Mosquito Abatement District Board: Mayor Mary Ann Carbone 373-2483 2nd Tuesday @ 12:00 Noon Alt: Kim Cruz
Monterey Bay Community Power Authority Policy
Board
Appointment of the MCMA Selection Committee
Mayor Mary Ann Carbone; Jerry Blackwelder 755-5066
3rd Wednesday @ 1:30 p.m.

Monterey Bay Unified Air Pollution Control District
(MBUAPCD)
1st Wednesday @ 10:30 a.m.

Appointment of the MCMA Selection Committee
Board : Mayor Mary Ann Carbone
Alternate: Jerry Blackwelder
755-5066
Monterey County Bus. Council Greg Hawthorne; Staff:City Manager Alternate: Kim Cruz 833-9443
Monterey County Commission on Disabilities Commissoner: Libby Sofer 755-5117 last Monday of each month @ 2:00 pm Alternate: Jerry Blackwelder Monterey County Mayor's Association Mayor Mary Ann Carbone 429-6605 1st Friday of each month @ 12:00 pm Alternate: Jerry Blackwelder MoCo Integrated Waste Management Charles Pooler 755-8909 Monterey Peninsula Chamber of Commerce Board: Greg Hawthorne 648-5360 Alternate: Kim Cruz
Monterey-Salinas Transit District (MST) 1-888-678-8271
2nd Monday of each month @10:00 a.m.

Monterey Regional Stormwater Mgt. Program Board: Leon Gomez 646-3799 4th Wednesday of every month @10:a.m.

MRWMD Board: Jerry Blackwelder; Mary Ann Carbone 384-5313/755- 3rd Friday each month @ 9:30 a.m. Tech Comm: City Manager; Charles Pooler MPWMD 658-5600
3rd Monday of each month @ 7:00 p.m.

Governance Committee: Appointment by Mayors
Association
MPRWA (Water Authority)-JPA Mayors JPA
2nd/4th Thursday of each month @ 7:00 p.m. Board: Mayor Mary Ann Carbone Alternate: Jerry Blackwleder
Staff: City Manager
Regional Taxi Authority
Meets once a year
Board: Mayor Mary Ann Carbone
Alternate: Jerry Blackwelder
1-888-678-8271
Sanctuary Scenic Trail Board: Jerry Blackwelder; Charles Pooler 755-0903 Monterey County Oversight Board (SA) Representatives: City Manager; Devon Lazzarino 394-3054 Seaside County Sanitation District Board: Jerry Blackwelder/Alt: Mayor Carbone 899-6200 2nd Tuesday of each month @ 9:30 a.m.

SAND CITY APPOINTMENTS LIST
Board: Mayor Mary Ann Carbone
Alternate: Jerry Blackwelder
Policy Advisory: Appointment by Mayors Association
Technical Advisory: City Manager

EXHIBIT A
19 TAMC 755-0903
4th Wednesday of each month @ 9:00 a.m.

TAC: 1st Thursday of each month
WaterMaster Board
(Seaside Groundwater Basin)
Board: Mayor Mary Ann Carbone; City Manager
Legal Counsel: Vibeke Norgaard
641-0113
1st Wednesday of each month @ 1:30 p.m. TAC: Mary Ann Carbone/ Leon Gomez; City Manager Budget: City Manager
Sub-Committees
Budget & Personnel Chair: Mary Ann Carbone; Kim Cruz
Staff: City Manager
Public Facilities Mary Ann Carbone; Jerry Blackwelder
City Specials Events Advisory Committees Mary Ann Carbone; Libby Sofer City BBQue: Devon Lazzarino
SC Tree Lighting: Mark Parker; Fred Menezes
Art Park: Mayor Carbone
Community Garden:

Monterey Fire Department Christmas Outreach:

Annual Awards Banquet:

Coastal Issues & Development
Parking Study Greg Hawthorne; Jerry Blackwelder
Staff: City Manager; Charles Pooler; Leon Gomez
Parks & Open Space Mary Ann Carbone; Jerry Blackwelder
Staff: City Manager; Charles Pooler
Public Safety/Public Works Jerry Blackwelder/ Libby Sofer Staff: City Manager; Brian Ferrante
Housing Jerry Blackwelder;
Staff:City Manager; Charles Pooler
HCP / Habitat Issues Comm. Mary Ann Carbone; Jerry Blackwelder Staff: City Manager; Charles Pooler
Advisory Committees
Arts Committee Chair: Greg Hawthorne, SC resident & business owner exp: 1/2022 VACANT
Dawn Peters exp: 1/2022
Shelby Hawthorne exp: 1/2022
Brian Clark exp: 1/2022
Mayor & City Representative
Primary Staff: City Manager
Design Review Committee Chair: Greg Hawthorne exp: 01/2023 2 - year Appointment Chris Barlow, Architect exp: 01/2024 appt. 1/21/2020 Elizabeth Sofer, SC resident exp: 01/2024
Paul Davis Jr., architect exp: 01/2024
VACANT
Staff: City Manager/Charles Pooler
West End Oversight Committee Mayor Mary Ann Carbone
City Manager
Brian Ferrante, Police Chief
Steve Vagnini, Coordinator
Greg Hawthorne, Arts Committee
Update: 1/21/2020
BOARD: Greg Hawthorne/Alternate: Jerry Blackwelder
2nd Alt: Kim Cruz
BIKE: Libby Sofer
RAIL: Kim Cruz
TAC: Leon Gomez/City Manager
Mary Ann Carbone; Greg Hawthorne
STAFF: City Manager; Charles Pooler
20 AGENDA ITEM
6C.

Approval of City RESOLUTION Confirming
Members of the Sand City Arts
Committee
21 City of Sand City
Staff Memo
TO: City Council
FROM: Connie Horca, City Clerk/Vibeke Norgaard, Acting City Manager DATE: January 11, 2022 (for January 18, 2022 Council meeting) SUBJECT: Confirming Members of the Sand City Arts Committee ______________________________________________________________________ Background:

The Sand City Arts Committee was established in 1995 by Resolution SC 95-73 and is a body of 5 members that seek to bring a vision and commitment of the arts to Sand City.

In the summer of 2021, Kristen Fuentes relocated out of state leaving a vacancy on the Sand City Arts Committee. There is currently a search for an individual to serve as the fifth member of the Sand City Arts Committee.

Arts Committee members are appointed by the Mayor and the appointment is ratified by the City Council.

CEQA:

This action does not constitute a "project" as defined by the California Environmental Quality Act (CEQA) guidelines section 15378.

Fiscal Impact:

There is no fiscal impact associated with the confirmation of members of the Sand City Arts Committee.

Recommendation:

It is recommended that the Council approve the attached resolution confirming members of the Sand City Arts Committee.
22 CITY OF SAND CITY
RESOLUTION SC ____, 2022

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAND CITY CONFIRMING

MEMBERS OF THE SAND CITY ARTS COMMITTEE
WHEREAS, Resolution SC 95-73 established the structure and organization of the Sand City Arts Committee; and
WHEREAS, the Sand City Arts Committee is a body of five (5) members; and WHEREAS, the Arts Committee’s function is as set forth in Resolution SC 95-73, including to establish, promote and enhance artistic endeavors within Sand City and to advise and make recommendations to City Council regarding same; and WHEREAS, according to resolution SC 95-73, Art Committee members are appointed by the Mayor and ratified by the City Council; and
WHEREAS, due to the resignation of Kristen Fuentes in 2021, a search to fill the vacancy is being conducted; and
WHEREAS, other volunteers who participate in Arts Committee events and meetings are considered “Friends of the Sand City Arts Committee” and not voting members.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of Sand City as follows:

1. Membership for the Sand City Art Committee will be through January 31, 2023 subject to annual appointment and/or reappointment thereafter;

2. The Sand City Arts Committee will follow the policy and recommendations as outlined in Resolution SC 95-73;

3. The following have been recognized as the official Sand City Arts Committee members: Chairperson Gregory Hawthorne, Dawn Peters, Shelby Hawthorne, and Brian Clark.

PASSED AND ADOPTED by the Sand City Council on this 18th, day of January, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
___________________________
ATTEST: Mary Ann Carbone, Mayor
__________________________
Connie Horca, City Clerk
23 AGENDA ITEM
6D.

Acceptance of City/Successor Agency
Monthly Financial Report, November 2021
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26 27
28 29
30 31
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34 35
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38 39
40 41
42 43
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64 65

AGENDA ITEM
6E.

Approval of City RESOLUTION Authorizing
the Extension of Remote Teleconference
Meetings of the City Council and Boards,
Commissions, and Committees for the
period of January 19, 2022 through
February 18, 2022 pursuant to AB 361 and
Ralph M. Brown Act Provisions
66 CITY OF SAND CITY
RESOLUTION SC____, 2022

RESOLUTION OF THE CITY COUNCIL OF SAND CITY

AUTHORIZING THE EXTENSION OF REMOTE TELECONFERENCE MEETINGS OF

THE CITY COUNCIL AND BOARDS, COMMISSIONS, AND COMMITTEES FOR THE PERIOD OF JANUARY 19, 2022 THROUGH FEBRUARY 18, 2022 PURSUANT TO AB 361 AND RALPH M. BROWN ACT PROVISIONS
WHEREAS, the City of Sand City (“the City”) is committed to preserving and nurturing public access and participation in meetings of the City Council and boards, commissions, and committees (collectively, “legislative bodies”); and WHEREAS, all meetings of the City’s legislative bodies are open and public, as required by Government Code sections 54950-54963 (the “Ralph M. Brown Act”) so that any member of the public may attend public meetings, watch the City’s legislative bodies conduct their public business, and participate by directly addressing the legislative bodies; and
WHEREAS, pursuant to Governor Newsom’s signing of Assembly Bill 361 (“AB 361”) on September 16, 2021, Government Code section 54953(e) provides for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, AB 361 applies to meetings during a proclaimed state of emergency and when state or local officials have imposed or recommended measures to promote social distancing; and
WHEREAS, a state of emergency exists in California as a result of the threat of COVID19 as proclaimed by Governor Newsom on March 4, 2020, and the state of emergency has not been terminated pursuant to Government Code section 8629; and WHEREAS, the California Department of Public Health (“CDPH”) and the federal Centers for Disease Control and Prevention (“CDC”) caution that the Delta variant of COVID-19, currently the dominant strain of COVID-19 in the country, is more transmissible than prior variants of the virus, may cause more severe illness, and that even fully vaccinated individuals can spread the virus to others resulting in rapid and alarming rates of COVID-19 cases and hospitalizations
(https://www.cdc.gov/coronavirus/2019-ncov/variants/delta-variant.html); and WHEREAS, other variants of COVID-19 exist, and it is unknown at this time whether other variants may result in a new surge in COVID-19 cases; and WHEREAS, the CDC has established a “Community Transmission” metric with four tiers designed to reflect a community’s COVID-19 case rate and percent positivity, and 67 community transmission in Monterey County, as of December 30, 2021, is ranked as “high” (the most serious level) based on data collected by the CDC; and WHEREAS, due to the severity of the current pandemic situation, the CDPH has required that all unvaccinated persons wear facial coverings indoors, and the CDC and CDPH recommend that all persons, regardless of vaccination status, wear facial coverings indoors; and
WHEREAS, due to the severity of the current pandemic situation in the County of Monterey, the Monterey County Health Department issued, on September 22, 2021, a recommendation to local legislative bodies recommending physical and social distancing strategies, including the use of remotely attended public meetings; and WHEREAS, the City Council has an important governmental interest in protecting the health, safety and welfare of those who participate in meetings of the City’s legislative bodies subject to the Brown Act; and
WHEREAS, the City Council does hereby confirm the circumstances of the state of emergency and finds that meeting in person for meetings of the legislative bodies of the City would present imminent risks to the health or safety of attendees, and therefore that the legislative bodies of the City may conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of Section 54953; and
WHEREAS, in order to ensure that the public has full access to observe and participate in the public meetings of its legislative bodies, the City provides free internet-based public meeting attendance options, allowing members of the public to address the City’s legislative bodies directly in real time; and
WHEREAS, the City determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378).

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sand City as follows:

SECTION 1. The recitals set forth above are true and correct and are adopted by the City Council as findings in support of this Resolution.

SECTION 2. The City Manager, City Attorney, staff, and legislative bodies of the City are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution, including conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.
68 SECTION 3. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) February 18, 2022, or (ii) such time as the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City of Monterey may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.

PASSED AND ADOPTED by the City Council of Sand City on this ___ day of January 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
________________________
Mary Ann Carbone, Mayor
ATTEST:
________________________
Connie Horca, City Clerk
69 AGENDA ITEM
8A.

Presentation by City Planner Charles
Pooler and Executive Vice President Todd
Sheller of Lyles Diversified, Inc., on the
Conceptual Park and Playground Designs
for the South of Tioga easement
70 General Site Layout
Location
71 Park entry is well aligned
with public crosswalk of
Morgan’s Way and provides
central focus for entry.

CDFWS required access
to Habitat Preserve.

Play area is centrally
located to be the focus
of the park.

Well placed benches for
guardians to sit and
supervise children at play.

Morgan’s Way
Crosswalk
Picnic plaza with tables
are well placed for families
to supervise children at play.

Driftwood concept
integrates play with
landscaping and expands
play area.

Conceptual Site Layout
72 Sections
(Conceptual)
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75 76
77 78
79 80
Expanded view of ship
play equipment
81 Other Play Equipment Options
Expansion of
Alternative 5
82 AGENDA ITEM
8B.

Presentation by Leon Gomez, Contract
City Engineer of Harris and Associates,
Mike Bellinger of BFS Architects, and Mark
Parker, Sand City Public Works Supervisor
on the Calabrese Park Improvement
Project
83 AGENDA ITEM
8C.

Presentation by Steven Kitrell, Founder of
Veloce Valuations on Proposed 2022
Petrol & Paint Celebration of the Arts
84 85
Media Made Memorable.

Veloce Media thrives on the opportunity to provide comprehensive marketing and public relations support to our automotive clients around the world and right here in the Monterey Bay.

Whether its traditional advertising, a modern digital strategy, event planning or media coverage, we offer an array of diverse services that support objectives.

As a published writer for dozens of national and international print publications, Veloce Media has documented classic & sports cars, collections, concours, rallies, events, auctions, museums, automobilia and noted collectors worldwide. From classic car dealerships, independent parts houses, personal collections and individual cars, we can orchestrate a targeted public relations campaign to show just why your story should be heard by the masses. 86 87 WHY SAND CITY?
● West End Celebration
● We.Fest & The Art Park
● 190 local businesses
● Over 20 resident artists in the West End District
● 60 rental property apartments at The
Independent
● Post No Bills Craft Beer House
● Protected Sand City Coastline
● Plans for huge growth
88 We.Art & Pat Milbery
This festival has built the foundation for the most
accessible public art gallery on the peninsula
and has produced quality art that creates
conversation and allows artists to fully express
themselves. It is a thoughtful and intentional mix
of national and international artists who have a
solid following and something to say. The curation
of each artist and artist pairing have been
intentional and designed to put artists together
who may not have had or will have the chance to
work together.

Pat Milbery is also a creative force that thrives on
the energy of others. His support and influence
has allowed this collaboration of Petrol & Paint
gain momentum and set the vision for what the
show could be. Thanks Pat!
89 90
ART
PARK

SAND CITY
91 Curated Selection of Rare, Coachbuilt,
Limited Production Classic & Sports Cars
Spanning From the 1950’s - Today.

The 245’x 65’ creative space would allow for
approx. 22-25 staged cars and featuring
specific marques such as Ferrari, Alfa
Romeo, Porsche, Maserati, Mercedes-Benz,
Lamborghini & more.

All cars with an artistic element will be
considered. Special paint schemes, unique
options and one-off models welcome!
ART PARK D’ELEGANCE
92 93

ART PARK MERCADO - NORTH
18x18 Total booth size
Room for Tent + 1 Car Display
Ability to Sell & Give Away Product
Linked Logo on Website
3x Social Media Post
Day-Of Mention on Loudspeaker
Valued at $1,500
94 ART PARK MERCADO - SOUTH
15x15 Total booth size
Room for tent + 1 Car Display
Ability to Sell & Give Away Product
Linked Logo on Website
3x Social Media Post
Day of Mention on Loudspeaker
Valued at $1,000
95 ART PARK MERCADO - SPONSOR WALL
15’ x 8’ Advertising Space
Sponsored by The City of Sand City
Transformed Into Chalkboard & a
Public Art Wall with Sand City Crest
Donation Station for We. Art. Patrons
Donate & Sign/Draw on your wall for
an interactive way to raise money
towards a new mural
96 ART PARK MERCADO - STUDIO SPONSOR
· Full creative access to the 45x20 foot Art Park
Warehouse, including color scheme, marketing display,
manufacture car unveiling or 2-car display
Integrated Branding & Marketing
Dedicated Car Corral (If OEM Manufacture)
Sell & Give Away Product Day-of-Show
Linked Logo on Website
5x Social Media Posts
Day of Mention on Loudspeaker
Interview on Driving While Awesome Podcast
Valued at $5,000
97 DRIVING WHILE AWESOME
● Located from South
Redwood/Contra Costa to Mid
Redwood/Holly
● Approx 550 Feet Long
● 9 Foot Spaces
● Room for 65-85 Cars
● Curated Display of Cars
Approved Through Eventbrite
● 30,000+ Members in their
DWA/Radwood Network 98

JAPANESE IMPORTS
● Located from North West
Corner of Holly to South Mid
Redwood
● Approx. 85’ In Length
● 9 Foot Spaces
● Room for 8-10 Cars
● Curated Display of Japanese
Imported Cars from the
1980’s & 1990’s 99
VOLKS
WAGENS
● Located from North West
Corner of Holly to South Mid
Redwood
● Approx 100’ In Length ● 9 Foot Spaces ● Room for 8-10 Cars ● Curated Display of Vintage Volkswagen Busses, Campers
and interesting Beetles
100

OVERLAND
● Located across Post No Bills
Parking lot on Ortiz
● Approx 135’ x 75’ ● 9 Foot Spaces ● Room for 25-30 Cars ● Curated Display Overland Vehicles/Rally Cars/Vintage
Camping 101

CHOPPED & DROPPED
● Located from On South Ortiz and the Backside of the Art Park Studio
● Approx 45’ In Length
● 9 Foot Spaces
● Room for 10-15 American Hot Rods/Custom Lowriders 102

FOOD COURT
● Located Inside the Disaster Kleanup
Specialist Lot
● Approx 75’ x 125’
● 1 Coffee/Breakfast, 3 Lunch Options, 1
Dessert Option
● Looking to Create Seating & Table Space
& Covid Compliant with Sponsorship or
Sand City Collaboration 103

FOOD VENDORS
● Big Sur Tacos
● Captain & Stoker
● Sip & Crunch 831
● Kuki’s Gourmet
● El Volcan
● Silicon x Sea
● Tricycle Pizza
● Poke House Monterey
104

SPECIAL INTEREST
● Live Art Car Painted by Pat
Milbery & Friends
● Live Screen Printing of Posters
by Chris Powers
● Hand Punched Keychains
● Striipe Design Socks Inspired by
Artwork
● Captain & Stoker Menu Inspired
by event
● Youth Judges via Monterey High
School AMP Program or We.Art
Members/Mural Artists
● Raffle Items by We.Art
● Photobooth Car/Step & Repeat
● Live Auction of an Art Car 105
Utilities & Public Works Partnerships
● Sand City City Council
● Sand City Police
● Monterey Fire/EMT
● CalRecycle
● Monterey Regional Waste
Management District
● Greenwaste Recovery
● United Site Services
106

RPM FOUNDATION SCHOLARSHIP
In terms of RPM’s involvement, we would be proud to work with you in any or all of the following capacities:

Administering an automotive restoration scholarship at the school of your choice, such as Academy of Art San Fransisco:
● Recruiting volunteers to assist with the event
● Bringing the RPM Futures Class program to the event
● Bringing the RPM Restorer’s Award to the event
● Setting up a booth with information about RPM and
the Petrol and Paint-sponsored scholarship, with a
volunteer stationed there
● Setting up a $5,000 Scholarship Goal for year 1
Thank you again for the opportunity!
Nick
Executive Director - RPM Foundation
107
SUPPORTERS ● Driving While Awesome
● RPM Foundation
● Hagerty Insurance
● Rich Pepe
● Mohr Imports
● Wolfhead Media
● Meyers Manx
● Tim McGrane
● Wahine Project
● Pebble Beach Sports Car Club
● BMW CCA
● Mike Grambush Media
● Autostrada Magazine
● Ferrari Club Monterey Bay Chapter
● Moto Talbot
● RPM Foundation
● Drive Toward a Cure
108
RE: Steven Kittrell
As the Commercial Insurance Manger for Hagerty, I have has the pleasure to work with Steven on a number of times professionally related to his business insurance.

We have also worked with him on several occasions when in need of his professional services through Veloce Valuations.

His advanced knowledge on many classic and collector marques has made him a trusted resource for Hagerty over the last 10+ years we have worked with Steven.

Hagerty values our relationship with Steven and are happy to support his business as well as activities he is a part of in the future.

Thank you,
Mark Valentino
Commercial Manager Western Region
109
Sand City Council Members 01 Jan 2022
Sand City, CA
Re: Steve Kittrell
Members of the Council,
I would like to take this opportunity to support Steve Kittrell, an acquaintance and member of our automobile club here on the Monterey Peninsula. I have gotten to know Steve over the past four years, as he and I have both become more active in local automotive events and the local motoring enthusiast groups. Steve has been instrumental in arranging events and interaction between car enthusiasts and small local businesses. He has joined on many drives which either started or ended up in support of those local businesses. He is an active member in our local car club, the Pebble Beach Sports Car Club which was established in 1952 and is considered one of the oldest continuously operating automobile clubs in the country. Steve is a vocal member and is always ready to make the connection and bring member cars in touch with local events that encourage club participation. He is deeply involved in the classic car collector business and well versed in this rapidly growing segment of the automotive world. I would not hesitate in seeking his experience and expertise, to organize an automotive event. He has good ideas and I would ask that you give him the benefit of hearing out his plan for a Sand City based automotive event. If anyone has any further questions, I am always available at: [email protected] Sincerely,
Markus Woehler
President
Pebble Beach Sports Car Club
110
January 3, 2022
TO: Members of Sand City Council
FROM: Myles Kitchen
RE: Letter of Recommendation for Mr. Steve Kittrell
To Whom It May Concern, I am Myles Kitchen and a person that has been involved for over 45 years in Automotive related technology businesses, automotive events, clubs, vintage auto racing, restoration, and more. I have previously served as a consultant assisting the former managing group of Laguna Seca Raceway, and since 2014, I have served on the announce/emcee team at Concorso Italiano.

In my various roles, I have known Mr. Steve Kittrell for close to 20 years now through his automotive connections. He managed a local business distributing parts for Ferrari automobiles, has worked for the prestigious vintage auto publication, “Sports Car Market”, he worked with GTO Engineering, restorers of vintage Ferraris, and is involved with local exotic car dealer, Mohr Imports. He has also pursued private endeavors acting as an appraiser, and valuation expert for certain marques of exotic and vintage automobiles, has written articles and provided photography for various automotive magazines and publications. In summary, he is very active in, and knows the enthusiast automotive community and its events quite well.

I have always found Mr. Kittrell to be honest, ethical, and a pleasant person to do business with. He is energetic, capable, and certainly knows this market.

Therefore, I have no reservations in offering this letter of recommendation for Mr. Kittrell in your consideration of his event proposal for Sand City. I thank you for your kind consideration in this matter.

Sincerely,
Myles Kitchen
Aptos, CA

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Stephen Ahlgrim
3100 NE 49th Street Unit 506 Fort Lauderdale, FL 33308
Italycars @aol.com 678 361-7997
January 2, 2022
To Whom It May Concern:

I have known and at times worked with Steve Kittrell for over 10 years. I have found him organized, responsible, and attentive.

He has experience in many automotive fields including car shows. I believe he will do a great job producing/assisting the Petro & Paint show.

Sincerely,
Steve Ahlgrim
Contributing Editor to the Sports Car Market Magazine
Board Member, International Advisory Council for the Preservation of Ferrari Automobiles Advisory board member, The NADA Classic Car Value Guide 117
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December 28, 2021
Dear Members of the Sand City Council:

It is with a great deal of pride and admiration that I whole-heartedly recommend Steven Kittrell of Veloce Valuations as a trusted resource and leader to bring credibility and organizational success to the upcoming Petrol & Paint celebration next May.

Steve has been a valued colleague and friend within the automotive industry to me personally for the better part of the past decade – professionally as a journalist and later an events professional – as well as within his current role as a valuation specialist. Our paths began to cross within the restoration field and have continued as he grew competently to expand his realm full circle within the automotive industry – most notably as an expert in both judging concours events, and for collectors themselves, in providing honest and trustworthy valuations of their collectible vehicles.

Taking on this wonderful new role to advance Sand City’s ability to celebrate the automobile is a perfect next step in bringing together his wonderful knowledge of vehicles, along with his evergrowing network of relationships within our industry and more so, in creating a viable reason for many to enjoy your community within a refreshing blend of culture including that of artistry and cars.

Steve is someone that goes the extra mile in all he commits and will always find a creative and new solution to handle anything – from the mundane task to finding an all-new result to any event or program that may have similar beginnings. I’m confident he’ll do the same for Petrol & Paint, whether as a trusted advisor or creating an outstanding program that can easily become a tradition within your community.

Should you need any additional insight, please feel free to reach out.

My best,
Deb Pollack
debpollack | singergroup| publicist.media relations |+1.805.320.9248 mobile | www.singervehicledesign.com | [email protected] 126
To Whom it May Concern,
I am writing this email to express my support for a colleague Steve Kittrell who I have known for many years. He is an outstanding individual who is always helpful and knowledgable in all aspects of life. His extremely well versed in the vintage car industry and the people involved with an extensive client base. I cannot think of a better person to represent any event or business. He is honest, hard working and is an asset in any business or event.

If you need further comments re. Steve please feel free to reach out to me directly.

Kindly,
David
WWW.DJMINVESTMENTS.NET
Hi Steve,

Your proposed Petrol and Paint event in May sounds like an exciting project which will have broad appeal. With your vision and proven capabilities, it is bound to be successful. I look forward to hearing more as your plans proceed.

I like the simplicity and clarity of your flyer and the layout of the event. Hopefully, this email will serve as a testament of my confidence in you as a good organizer with great enthusiasm and serious intent.

All best wishes...Happy New Year...Ed

Ed Gilbertson
Chief Judge Emeritus - Pebble Beach Concours d'Elegance Chairman Emeritus - International Chief Judge Advisory Group 127
©CARSYEAH LLC 2021 iMac/CARSYEAH/Steve Kitrell Reference Letter.docx/12-29-21 1 29 January 2021
To The Sand City Council,
I have known Steve Kittrell for over 10 years, both personally and professionally, and am honored to provide this reference letter.

I have worked in the automotive field for over 35 years, running companies, and have interviewed over 1,950 Inspiring Automotive Enthusiasts on my Cars Yeah podcast over the past 8 years. Steve’s bee one of those inspiring guests and he has introduced me to numerous other quality leaders in the automotive world.

Steve is an extremely hard worker and will do whatever it takes to finish any project he starts. He is a perfectionist, in the best sense of the word, and has the kind of work ethic one rarely sees these days. Steve has been in the automotive sector for his entire career and knows the leaders in that world having connections with collectors, enthusiasts, professionals, event managers, and more.

I have seen Steve work closely and effectively, one-on-on-one, with people from all walks of life. Plus Steve is a loyal and devoted father. His spirit and drive are what it takes to succeed in both personal and professional situations.

Please feel free to call me if you would like to discuss Steve further.

Sincerely,
Mark Greene
Founder Cars Yeah
CarsYeah.com
[email protected]
253-905-3306
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129

AGENDA ITEM
9A.

Consideration of City RESOLUTION
Approving Conditional Use Permit 650 for
Michelle Djokic to Conduct and Host
Performing Arts and Cultural Events at
440-A Ortiz Avenue
130
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AGENDA ITEM
10A.

Approval of City RESOLUTION Authorizing
the City Attorney to Execute a Contract
with Meyers Nave, Riback, Silver &
Wilson, PLC
152
City of Sand City
Staff Report
TO: Honorable Mayor and City Council Members
FROM: Vibeke Norgaard, City Attorney/Acting City Manager DATE: January 11, 2022 (For January 18, 2022)
SUBJECT: Meyers, Nave, Riback, Silver & Wilson, PLC (Meyers Nave) Contract Services
______________________________________________________________________ Discussion:

In light of the City Attorney’s current responsibilities as the Acting City Manager, the City is need of help on a limited number of legal projects. The City Attorney has worked closely with Meyers Nave for the past several years and has benefited from advice obtained from its attorneys on various specialized aspects of law including land use law, eminent domain law, and more.

Meyers Nave’s attorneys will make themselves available on an as-needed basis to supplement the City Attorney’s work as Acting City Manager. The City Attorney/Acting City Manager will closely supervise the Meyers Nave attorneys’ work. Its fees will be based on the current standard billing rate for the personnel performing services under this agreement at the time such services are rendered, as set forth in the attached agreement (Exh. A, Att. 1).

Fiscal Impact:

This contract is an “as needed” contract. The resolution approving it has a not-to-exceed amount of $37,495.00 for fiscal year 2021-22. The 2021-22 budget already has a remaining $37,495 allocated to outside legal counsel (Account number 5545-04). To the extent that any additional sums are needed those would need to be allocated in a future budget amendment.

Recommendation:

Staff recommends authorizing the City Attorney to enter into a contract not to exceed $37,495 for services to be provided by Meyers, Nave, Riback, Silver & Wilson, PLC (Meyers Nave) in the event Meyers Nave’s services are needed in the City during the remaining fiscal year 2021-22.

Agenda
Item
10A
153

CITY OF SAND CITY
RESOLUTION SC ___, 2022

RESOLUTION OF THE CITY COUNCIL OF SAND CITY AUTHORIZING THE CITY

ATTORNEY TO EXECUTE A CONTRACT WITH MEYERS, NAVE, RIBACK, SILVER & WILSON, PLC
WHEREAS, the City Attorney currently has taken on numerous additional responsibilities as the Acting City Manager while the City conducts a search for a new City Manager; and
WHEREAS, the City is potentially in need of help on a limited number of legal projects; and
WHEREAS, the City Attorney has worked closely with Meyers Nave for the past several years and has benefited from advice obtained from its attorneys on various specialized aspects of law; and
WHEREAS, Meyers Nave’s attorneys will make themselves available on an as-needed basis under the close supervision of the City Attorney.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of Sand City as follows;

1. The City Attorney is authorized enter into the contract for legal services with Meyers, Nave, Riback, Silver & Wilson, PLC (Meyers Nave) attached hereto and incorporated herein as Exhibit A in an amount not to exceed thirty seven thousand four hundred and ninety five dollars ($37,495.00) in Fiscal Year 2021-22.

2. Meyers Nave will maintain a current business license.

PASSED AND ADOPTED by the City Council of Sand City on this 18th day of January, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
____________________________
Mary Ann Carbone, Mayor
ATTEST:
____________________________
Connie Horca, City Clerk
154
EXHIBIT A 555 Capitol Mall, Suite 1200
Sacramento, California 95814
tel (916) 556-1531
fax (916) 556-1516
www.meyersnave.com
Adam U. Lindgren
[email protected]

A PROFESSIONAL CORPORATION OAKLAND LOS ANGELES SACRAMENTO SANTA ROSA SAN DIEGO January 4, 2022

PERSONAL & CONFIDENTIAL
Vibeke Norgaard
City Attorney
Sand City
P.O. Box 183
Carmel, CA 93921
Re: Engagement of Legal Services
Dear Ms. Norgaard:

Thank you for retaining Meyers Nave (“Meyers Nave”) to perform legal services in connection with Sand City (“Client”) of which you are City Attorney. We appreciate the opportunity to serve as your lawyers and look forward to working with you.

This letter sets forth our agreement concerning the legal services we will provide and our fee arrangements for those services. Please read this entire agreement before signing and returning it to us.

1. Scope of Engagement. We understand that your office is temporarily short-staffed, and is expected to need help on a limited number of projects until approximately July 2022.

We will provide the legal services reasonably required to represent and advise you in connection with such temporary public law support services. Our work is limited to such services. We will also provide legal services for additional matters that you request of us, provided we agree to perform that additional work. A letter confirming such additional work shall bring such work within the scope of this agreement.

2. Fees and Personnel. As compensation for our services, our fees will be based on our current standard billing rate for the personnel performing services under this agreement at the time such services are rendered. Our standard billing rates for attorneys and paralegals are attached as Attachment 1.

I will be the principal in charge of representing your interests. If other attorneys and/or paralegals are assigned to work on your matter, the then current hourly rates of those individuals will be utilized. This agreement retains the legal services of our law firm and not of a particular attorney. Hourly rates are subject to reasonable change, usually at the beginning of each year.
155
Vibeke Norgaard
January 4, 2022

A PROFESSIONAL CORPORATION OAKLAND LOS ANGELES SACRAMENTO SANTA ROSA SAN DIEGO

3. Retainer. As discussed, the Firm will not require a retainer to commence services related to this matter. However, the Firm reserves the right to require a retainer in the future if it determines that circumstances warrant.

4. Disbursements and Expenses. In addition to hourly fees, we may incur out-ofpocket expenses related to your representation. Our Statement of Fee and Billing Information, which sets forth the details of our disbursement and expense policy, is attached as Attachment 2.

5. Billing and Payment Responsibilities. We will send monthly statements which are due within 30 days of receipt. If you have any questions about an invoice, please promptly telephone or write me so that we may discuss these matters. Our Statement of Fee and Billing Information sets forth the details of our fee and billing policy.

6. Termination of Services. You may terminate our services at any time by written notice. After receiving such notice, we will cease providing services. We will cooperate with you in the orderly transfer of all related files and records to your new counsel.

We may terminate our services at any time with your consent or for good cause. Good cause exists if (a) any statement is not paid within 60 days of its date; (b) you fail to meet any other obligation under this agreement and continue in that failure for 15 days after we send written notice to you; (c) you have misrepresented or failed to disclose material facts to us, refused to cooperate with us, refused to follow our advice on a material matter, or otherwise made our representation unreasonably difficult; or (d) any other circumstance exists in which ethical rules of the legal profession mandate or permit termination, including situations where a conflict of interest arises. If we terminate our services, you agree to execute a substitution of attorneys promptly and otherwise cooperate in effecting that termination.

Termination of our services, whether by you or by us, will not relieve the obligation to pay for services rendered and costs incurred before our services formally ceased.

7. Insurance. During the term of this engagement, this law firm shall take out and maintain general liability and property damage insurance in amounts not less than $1,000,000; professional errors and omissions insurance, in amounts not less than $2,000,000 per occurrence; and $4,000,000 aggregate, which insurance may not be canceled or reduced in required limits of liability unless at least ten days advance written notice be given to you.

8. No Guarantee of Outcome. Any comments made by us about the potential outcome of this matter are expressions of opinion only and are not guarantees or promises about any outcome or results.

9. Dispute Resolution. In the event you become dissatisfied with any aspect of our relationship, we encourage you to bring such concerns to our attention immediately. If we are unable to resolve any dispute, either arising out of or in connection with this Agreement or relating to the services performed by our firm or any of its attorneys, to our mutual 156
Vibeke Norgaard
January 4, 2022

A PROFESSIONAL CORPORATION OAKLAND LOS ANGELES SACRAMENTO SANTA ROSA SAN DIEGO satisfaction, our firm will first comply with any mandatory dispute resolution procedures that may apply to any such dispute.

If we are unable to resolve any dispute, and after mandatory dispute resolution procedures have been waived or exhausted, the parties shall submit such dispute to final and binding arbitration in San Francisco County, California before the American Arbitration Association, pursuant to its then prevailing rules, unless the parties agree in writing to a different arbitration method or forum.

By signing this agreement, you acknowledge and agree that you have read and understand this arbitration provision. You understand that by agreeing to arbitration we each give up the right to present our claims or defenses for trial by a judge or jury, and we also give up the right to an appeal. The initial resort to the courts by either party shall not be considered a waiver of that party’s right to compel binding arbitration under this provision. This agreement shall be governed by and construed in accordance with the laws of the State of California without regard to principles of conflicts of laws.

10. Document Retention. In the course of the Firm’s representation of Sand City, you may provide us with and we may obtain documents that are relevant to the representation.

Some of those documents may be important to you and so that there is no confusion we find that it is useful at the inception of the representation for us to communicate our Document Retention Policy. Meyers Nave is committed to using less paper and eliminating unnecessary copies of documents. Documents of Record can be either hard copies or digital, regardless of the form they took originally when created or received by the Firm. Whenever it is proper and practicable, the Firm prefers Documents of Record (official version) to be in a digital format. Further, if record is stored electronically, then paper copies may be deemed duplicative and may be purged. This helps us manage information, helps the environment and helps us control costs. The materials pertaining to this matter belong to you and you may access them or have duplicates provided to you at any time during your representation with the exception of certain Meyers Nave Firm and accounting information. At the conclusion of this matter, no further representation will be provided and we recommend that you make arrangements to retrieve all original documents.

It is the Firm’s general policy that we maintain records for a period of seven (7) years after conclusion of the matter, although due to certain practical considerations that is not always possible. Additionally, while we take steps to ensure that all records are held in strict confidence and maintained in a secure location, we cannot guarantee that something beyond our control will not occur resulting in damage to client records.

Thus, if in the course of our representation you provide us with original documents that you consider important or desire to keep, we recommend that, first, you inform us in writing that the documents are important. And second, we ask that you take immediate possession of such documents upon the conclusion of our representation. If we do not hear from you, we will generally retain only the documents and materials pertaining to this matter which we 157
Vibeke Norgaard
January 4, 2022

A PROFESSIONAL CORPORATION OAKLAND LOS ANGELES SACRAMENTO SANTA ROSA SAN DIEGO designate as vital for a period of seven (7) years. After which such documents will be destroyed unless, before that time, you notify us in writing that you wish to take possession of them.

11. Entire Agreement; Full Understanding; Modifications in Writing. This letter contains our entire agreement about our representation. Any modifications or additions to this letter agreement must be made in writing.

12. Joint Representation. Our firm maintains of counsel agreements with certain legal specialists. Because these individuals are deemed independent contractors under the applicable provisions of the tax laws and not employees of our firm, it is necessary that you consent to dual representation by our firm and the specialist in the event the matter which you have engaged us to handle requires the use of that specialist. This arrangement has no effect whatsoever on the cost of your legal services, rather it is an ethical requirement that we disclose this fact and that you consent. You are consenting by signing this letter.

13. Conflicts. Our firm represents many public agencies in California, Nevada and Arizona. Since 1986, we have represented over seven hundred public clients, including numerous cities, redevelopment agencies, special districts, counties and other public entities, and we are accepting new engagements all the time. It is virtually inevitable that we will work on projects from other clients having different governmental or political objectives, beliefs or views from Sand City.

In view of the fact that Sand City is a City, this letter confirms that the services which we are rendering to you are limited in scope and for the benefit of Sand City only. Meyers Nave performs a variety of professional services for its clients and it is possible that we will represent public agency clients which are adverse to you on other matters. To avoid potential problems, you agree that you expressly waive any actual or potential conflicts that might arise from such representation, that you will not attempt to disqualify Meyers Nave on such matters, and that our firm is free to represent its clients on such matters.

By signing this letter and returning it to us, you acknowledge that we have discussed these matters and you confirm that Sand City does not object to our representation of clients on matters where their legal, governmental or political objectives and/or positions may be different from or adverse to those of Sand City, and that Sand City waives any conflict of interests with respect to our representation of such clients with differing legal, governmental or political interests. You further confirm that Sand City will not assert any conflict of interest concerning such representation or attempt to disqualify this firm from representing such clients notwithstanding such adversity. While you would certainly be free to terminate our relationship, you agree that this firm nonetheless would be free to represent such clients even on those matters which you consider adverse, and that you waive any conflict of interest in connection therewith.
158
Vibeke Norgaard
January 4, 2022

A PROFESSIONAL CORPORATION OAKLAND LOS ANGELES SACRAMENTO SANTA ROSA SAN DIEGO Needless to say, these acknowledgments do not permit our firm to represent another client in opposing the specific project for which you engage us without your specific written consent.

We further request that for each project or issue on which you will request our services, that you assist us in identifying any related or potentially adverse parties for us to add to our conflicts screen to confirm that no conflicts or potential conflicts exist.

You may wish, and we encourage you, to consult legal counsel regarding the effect of this conflict waiver.

We would request that you review this letter carefully and, if it is consistent with your understanding of our respective responsibilities, please so indicate by returning a signed copy of this letter to me at your earliest convenience. Enclosed is an additional copy of this letter which you should retain for your records. Again, we thank you for allowing us the opportunity to serve as your lawyers.

Very truly yours,
Adam U. Lindgren
AUL:SD
Enclosures
c: Conflicts Department
Billing Department
These terms are accepted and agreed to as of the date of this letter.

By:

Sand City
Vibeke Norgaard
City Attorney
159
ATTACHMENT 1

MEYERS NAVE

RATE SHEET
Sr. Principal $495
Principal $435
Sr. Of Counsel $400
Jr. Of Counsel $400
Sr. Associate $350
Associate $315
Paralegal $200
Law Clerk $240
Our rates adjust every December 1st by the greater of 3% or the relevant local CPI increase over the prior 12 month period, rounded to the nearest $5. 160
ATTACHMENT 2

MEYERS NAVE

STATEMENT OF FEE AND BILLING INFORMATION
The following is a general description of our fee and billing policies. These general policies may be modified by the specific engagement letter or agreement to which this summary is attached.

Professional Fees. Our fees for professional services are based on the fair value of the services rendered. To help us determine the value of our services, our attorneys and paralegals maintain time records for each client and matter. Our attorneys and paralegals are assigned hourly rates which are based on years of experience, specialization, training and level of professional attainment. We adjust our rates periodically (usually at the beginning of each year) to take into account inflation and the increased experience of our professional personnel. To keep professional fees at a minimum, legal work that does not require more experienced attorneys will be performed, where feasible, by attorneys with lower billing rates. Of course, the quality of the work is paramount, and we do not sacrifice quality to economy.

Before undertaking a particular assignment, we will, if requested, provide you with a fee estimate to the extent possible. Estimates are not possible for some matters, however, and cannot be relied on in many others because the scope of our work will not be clear at the outset. When a fee estimate is given, it is only an estimate; it is not a maximum or minimum fee quotation. The actual fee may be more or less than the quoted estimate.

Retainer. Our normal practice is to require a retainer to cover a portion of the anticipated attorneys’ fees and costs. Any retainer will be placed in the firm’s trust account. At the conclusion of our services, we will return to our client any unapplied retainer, after deducting payment for charges billed or to-be-billed for services and any remaining out-of-pocket expenses.

Billing And Payment Procedures. Unless other arrangements are made at the time of the engagement, invoices will be sent monthly. Invoices for outside services exceeding $100 may be billed separately. Occasionally, however, we may defer billing for a given month or months if the accrued fees and costs do not warrant current billing or if other circumstances would make it appropriate to defer billing.

Our invoices contain a brief narrative description of the work performed; if requested, the initials of the attorney who performed the work will appear on the statement. The invoice will include a line item reflecting in-house administrative costs. The firm’s in-house administrative costs include duplicating, facsimile charges, telephone charges, E-mail, postage, mileage and other administrative expenses.

The firm will be reimbursed for all outside services incurred in the course of providing legal services to our client(s). Outside services will include, but are not limited to, all third -party 161
expenses, delivery charges, travel expenses, outside research services, filing fees, expert witness and expert consultant fees.

If you have any questions regarding an invoice, the Finance Director or Executive Director is available to answer your questions. For any unresolved matters, the Bar Association has an arbitration mechanism that can be used to resolve such matters.

Late Payments. Statements for services are payable upon presentation and, in all events, within thirty (30) days after receipt. Occasionally a client has difficulty in making timely payments. To avoid burdening those clients who pay their statements promptly with the added costs we incur as a result of late payments, a late charge will be assessed on statements not paid within thirty (30) days. The maximum monthly late payment charge will be 1.5% per month. In the unlikely event we are required to institute legal proceedings to collect fees and costs, the prevailing party will be entitled to reasonable attorneys’ fees and other costs of collection.
162

AGENDA ITEM
10B.

Consideration of Successor Agency
RESOLUTION Authorizing the Agency
Counsel to Execute a Contract with
Meyers, Nave, Riback, Silver & Wilson, PLC
163
City of Sand City/
Successor Agency
Staff Report
TO: Successor Agency
FROM: Vibeke Norgaard, Successor Agency Counsel
DATE: January 11, 2022 (For January 18, 2022)
SUBJECT: Meyers, Nave, Riback, Silver & Wilson, PLC (Meyers Nave) Contract Services.
______________________________________________________________________ Discussion:

The Successor Agency requires pre-litigation legal services, and potentially will require litigation legal services, in connection with a 1989 loan between Sand City and the former Sand City Redevelopment Agency. Meyers Nave has the expertise to provide such specialized legal services.

Meyers Nave will make themselves available on an as needed basis to supplement the City’s transactional redevelopment specialist. The Agency Counsel will supervise the Meyers Nave attorneys’ work. Its fees will accrue at the time such services are rendered, as set forth in the attached agreement (Exh. A, Att. 1).

Fiscal Impact:

This contract is an “as needed” contract. The 2021-22 Successor agency administrative budget has $34,100 remaining for legal counsel (Account number 5545-04). The agency’s administrative budget for the fiscal year 2022-23 is significantly higher than prior years in the event the Agency requires litigation services.

Recommendation:

Staff recommends authorizing the Successor Agency Counsel to enter into the contract with Meyers, Nave, Riback, Silver & Wilson, PLC (Meyers Nave) attached hereto as Exhibit A.

Agenda
Item
10B
164

SAND CITY SUCCESSOR AGENCY
RESOLUTION SA- ___, 2022

RESOLUTION OF THE SAND CITY SUCCESSOR AGENCY AUTHORIZING THE

AGENCY COUNSEL TO EXECUTE A CONTRACT WITH MEYERS, NAVE, RIBACK,

SILVER & WILSON, PLC
WHEREAS, the Successor Agency requires pre-litigation legal services, and potentially will require litigation legal services, in connection with a 1989 loan between Sand City and the former Sand City Redevelopment Agency; and
WHEREAS, Meyers, Nave, Riback, Silver & Wilson, PLC (“Meyers Nave”) has the expertise to provide such specialized legal services; and WHEREAS, Meyers Nave’s attorneys will make themselves available on an as needed basis under the supervision of the Agency Counsel.

NOW, THEREFORE, BE IT RESOLVED, by the Sand City Successor Agency as follows; The Successor Agency Counsel is authorized to enter into the contract for legal services with Meyers, Nave, Riback, Silver & Wilson, PLC (Meyers Nave) attached hereto and incorporated herein as Exhibit A.

PASSED AND ADOPTED by the Sand City Successor Agency on this 18th day of January, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
____________________________
Mary Ann Carbone, Agency Chair
ATTEST:
____________________________
Connie Horca, Agency Clerk
165
EXHIBIT A 555 Capitol Mall, Suite 1200
Sacramento, California 95814
tel (916) 556-1531
fax (916) 556-1516
www.meyersnave.com
Adam U. Lindgren
[email protected]

A PROFESSIONAL CORPORATION OAKLAND LOS ANGELES SACRAMENTO SANTA ROSA SAN DIEGO January 4, 2022

PERSONAL & CONFIDENTIAL
Vibeke Norgaard
General Counsel to the Successor Agency
Sand City
P.O. Box 183
Carmel, CA 93921
Re: Engagement of Legal Services RDA Loan
Dear Ms. Norgaard:

Thank you for retaining Meyers Nave (“Meyers Nave”) to perform legal services in connection with Successor Agency to Sand City (“Client”) of which you are General Counsel. We appreciate the opportunity to serve as your lawyers and look forward to working with you.

This letter sets forth our agreement concerning the legal services we will provide and our fee arrangements for those services. Please read this entire agreement before signing and returning it to us.

1. Scope of Engagement. We will provide the legal services reasonably required to represent and advise you in connection with a 1989 loan between Sand City and the Sand City Redevelopment Agency. Our work with consist of transactional and potential litigation to endeavor to reverse a decision of the State Department of Finance overturning an Oversight Board Resolution approving reinstatement of the loan agreement. Our work is limited to such services. We will also provide legal services for additional matters that you request of us, provided we agree to perform that additional work. A letter confirming such additional work shall bring such work within the scope of this agreement.

2. Fees and Personnel. As compensation for our services, our fees will be based on our current standard billing rate for the personnel performing services under this agreement at the time such services are rendered. Our standard billing rates for attorneys and paralegals are attached as Attachment 1.

I will be the principal in charge of representing your interests. If other attorneys and/or paralegals are assigned to work on your matter, the then current hourly rates of those individuals will be utilized. This agreement retains the legal services of our law firm and not 166
Vibeke Norgaard
January 4, 2022

A PROFESSIONAL CORPORATION OAKLAND LOS ANGELES SACRAMENTO SANTA ROSA SAN DIEGO of a particular attorney. Hourly rates are subject to reasonable change, usually at the beginning of each year.

3. Retainer. As discussed, the Firm will not require a retainer to commence services related to this matter. However, the Firm reserves the right to require a retainer in the future if it determines that circumstances warrant.

4. Disbursements and Expenses. In addition to hourly fees, we may incur out-ofpocket expenses related to your representation. Our Statement of Fee and Billing Information, which sets forth the details of our disbursement and expense policy, is attached as Attachment 2.

5. Billing and Payment Responsibilities. We will send monthly statements which are due within 30 days of receipt. If you have any questions about an invoice, please promptly telephone or write me so that we may discuss these matters. Our Statement of Fee and Billing Information sets forth the details of our fee and billing policy.

6. Termination of Services. You may terminate our services at any time by written notice. After receiving such notice, we will cease providing services. We will cooperate with you in the orderly transfer of all related files and records to your new counsel.

We may terminate our services at any time with your consent or for good cause. Good cause exists if (a) any statement is not paid within 60 days of its date; (b) you fail to meet any other obligation under this agreement and continue in that failure for 15 days after we send written notice to you; (c) you have misrepresented or failed to disclose material facts to us, refused to cooperate with us, refused to follow our advice on a material matter, or otherwise made our representation unreasonably difficult; or (d) any other circumstance exists in which ethical rules of the legal profession mandate or permit termination, including situations where a conflict of interest arises. If we terminate our services, you agree to execute a substitution of attorneys promptly and otherwise cooperate in effecting that termination.

Termination of our services, whether by you or by us, will not relieve the obligation to pay for services rendered and costs incurred before our services formally ceased.

7. Insurance. During the term of this engagement, this law firm shall take out and maintain general liability and property damage insurance in amounts not less than $1,000,000; professional errors and omissions insurance, in amounts not less than $2,000,000 per occurrence; and $4,000,000 aggregate, which insurance may not be canceled or reduced in required limits of liability unless at least ten days advance written notice be given to you.

8. No Guarantee of Outcome. Any comments made by us about the potential outcome of this matter are expressions of opinion only and are not guarantees or promises about any outcome or results.
167
Vibeke Norgaard
January 4, 2022

A PROFESSIONAL CORPORATION OAKLAND LOS ANGELES SACRAMENTO SANTA ROSA SAN DIEGO

9. Dispute Resolution. In the event you become dissatisfied with any aspect of our relationship, we encourage you to bring such concerns to our attention immediately. If we are unable to resolve any dispute, either arising out of or in connection with this Agreement or relating to the services performed by our firm or any of its attorneys, to our mutual satisfaction, our firm will first comply with any mandatory dispute resolution procedures that may apply to any such dispute.

If we are unable to resolve any dispute, and after mandatory dispute resolution procedures have been waived or exhausted, the parties shall submit such dispute to final and binding arbitration in San Francisco County, California before the American Arbitration Association, pursuant to its then prevailing rules, unless the parties agree in writing to a different arbitration method or forum.

By signing this agreement, you acknowledge and agree that you have read and understand this arbitration provision. You understand that by agreeing to arbitration we each give up the right to present our claims or defenses for trial by a judge or jury, and we also give up the right to an appeal. The initial resort to the courts by either party shall not be considered a waiver of that party’s right to compel binding arbitration under this provision. This agreement shall be governed by and construed in accordance with the laws of the State of California without regard to principles of conflicts of laws.

10. Document Retention. In the course of the Firm’s representation of the Successor Agency, you may provide us with and we may obtain documents that are relevant to the representation. Some of those documents may be important to you and so that there is no confusion we find that it is useful at the inception of the representation for us to communicate our Document Retention Policy. Meyers Nave is committed to using less paper and eliminating unnecessary copies of documents. Documents of Record can be either hard copies or digital, regardless of the form they took originally when created or received by the Firm. Whenever it is proper and practicable, the Firm prefers Documents of Record (official version) to be in a digital format. Further, if record is stored electronically, then paper copies may be deemed duplicative and may be purged. This helps us manage information, helps the environment and helps us control costs. The materials pertaining to this matter belong to you and you may access them or have duplicates provided to you at any time during your representation with the exception of certain Meyers Nave Firm and accounting information.

At the conclusion of this matter, no further representation will be provided and we recommend that you make arrangements to retrieve all original documents.

It is the Firm’s general policy that we maintain records for a period of seven (7) years after conclusion of the matter, although due to certain practical considerations that is not always possible. Additionally, while we take steps to ensure that all records are held in strict confidence and maintained in a secure location, we cannot guarantee that something beyond our control will not occur resulting in damage to client records. 168
Vibeke Norgaard
January 4, 2022

A PROFESSIONAL CORPORATION OAKLAND LOS ANGELES SACRAMENTO SANTA ROSA SAN DIEGO Thus, if in the course of our representation you provide us with original documents that you consider important or desire to keep, we recommend that, first, you inform us in writing that the documents are important. And second, we ask that you take immediate possession of such documents upon the conclusion of our representation. If we do not hear from you, we will generally retain only the documents and materials pertaining to this matter which we designate as vital for a period of seven (7) years. After which such documents will be destroyed unless, before that time, you notify us in writing that you wish to take possession of them.

11. Entire Agreement; Full Understanding; Modifications in Writing. This letter contains our entire agreement about our representation. Any modifications or additions to this letter agreement must be made in writing.

12. Joint Representation. Our firm maintains of counsel agreements with certain legal specialists. Because these individuals are deemed independent contractors under the applicable provisions of the tax laws and not employees of our firm, it is necessary that you consent to dual representation by our firm and the specialist in the event the matter which you have engaged us to handle requires the use of that specialist. This arrangement has no effect whatsoever on the cost of your legal services, rather it is an ethical requirement that we disclose this fact and that you consent. You are consenting by signing this letter.

13. Conflicts. Our firm represents many public agencies in California, Nevada and Arizona. Since 1986, we have represented over seven hundred public clients, including numerous cities, redevelopment agencies, special districts, counties and other public entities, and we are accepting new engagements all the time. It is virtually inevitable that we will work on projects from other clients having different governmental or political objectives, beliefs or views from the Successor Agency .

In view of the fact that the Successor Agency to the Sand City Redevelopment Agency is a governmental entity, this letter confirms that the services which we are rendering to you are limited in scope and for the benefit of the entity only. Meyers Nave performs a variety of professional services for its clients and it is possible that we will represent public agency clients which are adverse to you on other matters. To avoid potential problems, you agree that you expressly waive any actual or potential conflicts that might arise from such representation, that you will not attempt to disqualify Meyers Nave on such matters, and that our firm is free to represent its clients on such matters.

By signing this letter and returning it to us, you acknowledge that we have discussed these matters and you confirm that the Successor Agency does not object to our representation of clients on matters where their legal, governmental or political objectives and/or positions may be different from or adverse to those of Successor Agency, and that it waives any conflict of interests with respect to our representation of such clients with differing legal, governmental or political interests. You further confirm that the Successor Agency will not assert any conflict of interest concerning such representation or attempt to disqualify this 169
Vibeke Norgaard
January 4, 2022

A PROFESSIONAL CORPORATION OAKLAND LOS ANGELES SACRAMENTO SANTA ROSA SAN DIEGO firm from representing such clients notwithstanding such adversity. While you would certainly be free to terminate our relationship, you agree that this firm nonetheless would be free to represent such clients even on those matters which you consider adverse, and that you waive any conflict of interest in connection therewith.

Needless to say, these acknowledgments do not permit our firm to represent another client in opposing the specific project for which you engage us without your specific written consent.

You may wish, and we encourage you, to consult legal counsel regarding the effect of this conflict waiver.

We would request that you review this letter carefully and, if it is consistent with your understanding of our respective responsibilities, please so indicate by returning a signed copy of this letter to me at your earliest convenience. Enclosed is an additional copy of this letter which you should retain for your records. Again, we thank you for allowing us the opportunity to serve as your lawyers.

Very truly yours,
Adam U. Lindgren
AUL:SD
Enclosures
c: Conflicts Department
Billing Department
These terms are accepted and agreed to as of the date of this letter.

By:

Sand City
Vibeke Norgaard
General Counsel
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ATTACHMENT 1

MEYERS NAVE

RATE SHEET
Sr. Principal $550
Principal $490
Of Counsel $435
Associate $365
Paralegal $225
Senior Paralegal $250
Our rates adjust every January 1st by the greater of 3% or the relevant local CPI increase over the prior 12 month period, rounded to the nearest $5. 171
ATTACHMENT 2

MEYERS NAVE

STATEMENT OF FEE AND BILLING INFORMATION
The following is a general description of our fee and billing policies. These general policies may be modified by the specific engagement letter or agreement to which this summary is attached.

Professional Fees. Our fees for professional services are based on the fair value of the services rendered. To help us determine the value of our services, our attorneys and paralegals maintain time records for each client and matter. Our attorneys and paralegals are assigned hourly rates which are based on years of experience, specialization, training and level of professional attainment. We adjust our rates periodically (usually at the beginning of each year) to take into account inflation and the increased experience of our professional personnel. To keep professional fees at a minimum, legal work that does not require more experienced attorneys will be performed, where feasible, by attorneys with lower billing rates. Of course, the quality of the work is paramount, and we do not sacrifice quality to economy.

Before undertaking a particular assignment, we will, if requested, provide you with a fee estimate to the extent possible. Estimates are not possible for some matters, however, and cannot be relied on in many others because the scope of our work will not be clear at the outset. When a fee estimate is given, it is only an estimate; it is not a maximum or minimum fee quotation. The actual fee may be more or less than the quoted estimate.

Retainer. Our normal practice is to require a retainer to cover a portion of the anticipated attorneys’ fees and costs. Any retainer will be placed in the firm’s trust account. At the conclusion of our services, we will return to our client any unapplied retainer, after deducting payment for charges billed or to-be-billed for services and any remaining out-of-pocket expenses.

Billing And Payment Procedures. Unless other arrangements are made at the time of the engagement, invoices will be sent monthly. Invoices for outside services exceeding $100 may be billed separately. Occasionally, however, we may defer billing for a given month or months if the accrued fees and costs do not warrant current billing or if other circumstances would make it appropriate to defer billing.

Our invoices contain a brief narrative description of the work performed; if requested, the initials of the attorney who performed the work will appear on the statement. The invoice will include a line item reflecting in-house administrative costs. The firm’s in-house administrative costs include duplicating, facsimile charges, telephone charges, E-mail, postage, mileage and other administrative expenses.

The firm will be reimbursed for all outside services incurred in the course of providing legal services to our client(s). Outside services will include, but are not limited to, all third -party 172
expenses, delivery charges, travel expenses, outside research services, filing fees, expert witness and expert consultant fees.

If you have any questions regarding an invoice, the Finance Director or Executive Director is available to answer your questions. For any unresolved matters, the Bar Association has an arbitration mechanism that can be used to resolve such matters.

Late Payments. Statements for services are payable upon presentation and, in all events, within thirty (30) days after receipt. Occasionally a client has difficulty in making timely payments. To avoid burdening those clients who pay their statements promptly with the added costs we incur as a result of late payments, a late charge will be assessed on statements not paid within thirty (30) days. The maximum monthly late payment charge will be 1.5% per month. In the unlikely event we are required to institute legal proceedings to collect fees and costs, the prevailing party will be entitled to reasonable attorneys’ fees and other costs of collection.
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AGENDA ITEM
10C.

Consideration and Approval of Future
Dates for 2020 Sand City Events
174
CONFIRMATION OF FUTURE DATES FOR 2022 SAND CITY
EVENTS
*************************************
City Barbeque Saturday, May 21, 2022
WE.Mural Festival August 2022
West End Celebration Saturday, August 27, 2022
Sunday, August 28, 2022
Tree Lighting Ceremony Friday, December 2, 2022
Annual Awards Banquet Friday, December 9, 2022
175

AGENDA ITEM
10D.

Comments by Council Members on Items
of Interest to Sand City
176

AGENDA ITEM
10E.

Upcoming Meetings/Events
177