_____________________________________________________________________________________________ Joint Sand City and Successor Agency of the Redevelopment Agency
01.18.2022 Council Meeting Minutes
MINUTES
JOINT SAND CITY COUNCIL AND SUCCESSOR
AGENCY OF THE REDEVELOPMENT AGENCY
Regular Meeting - Tuesday, January 18, 2022
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 (virtual attendance)
Council Member Blackwelder (virtual attendance)
Staff: Vibeke Norgaard, Acting City Manager/City Attorney Connie Horca, City Clerk (virtual attendance)
Charles Pooler, City Planner
AGENDA ITEM 2, PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Mayor Carbone.
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 Vibeke Norgaard announced the results of the January 14, 2022 Oversight Board meeting and the OB’s decision to uphold the loan as an enforceable obligation. She provided an update on the West Bay project, City Hall improvements, notified Council of the recruiter’s update on the City Manager recruitment, the Community Facilities District, and execution of the MOU and the First Amendment to the Development Agreement.
City Engineer consultant Leon Gomez provided an update on the Seaside Sanitation District sewer project, its expected date to commence at the end of January, streets that would be impacted, the length of the project to be approximately 3 months, and notification to residents/businesses that would be impacted.
There was discussion regarding street access, the electrical pole at the Catalina Lofts project and the stop work order. Mr. Gomez also provided an update on the construction of New Phase 1 wells and desalination plant water production.
_____________________________________________________________________________________________ Joint Sand City and Successor Agency of the Redevelopment Agency
01.18.2022 Council Meeting Minutes
AGENDA ITEM 5, COMMUNICATIONS
5:50 p.m. Floor opened for Public Comment.
Vice President Todd Sheller of Lyles Diversified Inc. provided an update on the completion of Sabu Shake Way, the fence line relocation, and pending review from California Dept. of Fish and Wildlife (CDFW). He noted that the South of Tioga project is going well and requested that the City provide a letter of support to the CDFW.
5:53 P.M. Floor closed to Public Comment.
AGENDA ITEM 6, CONSENT CALENDAR
6A. There was no discussion of the December 21, 2021 Sand City Council Meeting Minutes.
6B. There was no discussion of City Resolution updating the Appointments to Various Local and Regional Agencies and Boards effective January 19, 2022 6C. There was no discussion of the City Resolution confirming Members of the Sand City Arts Committee.
6D. There was no discussion City/Successor Agency Monthly Financial Report, November 2021.
6E. There was no discussion of the 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.
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, PRESENTATION
{Council Member Cruz recused from the virtual meeting due to a possible conflict of interest by residing within 500’ of the subject property}
8A. Presentation by City Planner Charles Pooler and Vice President Todd Sheller of Lyles Diversified, Inc., on the Conceptual Park and Playground Designs for the South of Tioga easement
_____________________________________________________________________________________________ Joint Sand City and Successor Agency of the Redevelopment Agency
01.18.2022 Council Meeting Minutes
City Planner Charles Pooler presented the site layout and conceptual designs for the South of Tioga easement. He displayed visual renderings of the proposed styles and designs of the playground equipment, sections, and elevations of the park area.
Mr. Sheller mentioned that the conceptual designs for the playground was created by Rhana Creek.
The Council discussed the various designs, how the materials used would last in a coastal environment, and suggestions to use different types of equipment to appeal to children of various ages.
6:09 P.M. The Mayor opened the floor to public comment, and seeing none, closed the floor to public comment.
The Mayor thanked Mr. Pooler and Mr. Sheller for the presentation. {Mayor Carbone recused from the meeting due to a possible conflict of interest by residing within 500’ of the subject property. Vice Mayor Blackwelder presided over the meeting.
Council Member Cruz remained recused.}
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 Contract City Engineer Leon Gomez provided the project history of Calabrese Park, pursuit of the Prop 68 grant funding and subsequent award of funds to Sand City, and the project requirement to install ADA improvements. He introduced Mike Bellinger of BFS Architects who will be reporting on the proposed park improvements.
Mike Bellinger of BFS Architects provided visual renderings of the site plan, samples of playground equipment, where playground equipment would be installed, and conceptual plans of the upper, middle, and lower levels of the park.
Mr. Gomez also reported on the proposed civil improvements of the streets surrounding the park to include rehabilitation of the parking areas, curb & gutter improvements, replacement walkways in front of City Hall, as well as the estimated costs for both the park replacement and civil improvements. He reported on the funding sources for the park project and civil improvements, and recommended that the remaining $300,000 be spread out over a 3-year period.
The Council expressed concerns regarding the high expense for civil improvements, streets continuing to degrade over time, and the rise in costs to obtain materials/products.
6:35 P.M. Floor opened for Public Comment.
_____________________________________________________________________________________________ Joint Sand City and Successor Agency of the Redevelopment Agency
01.18.2022 Council Meeting Minutes
Sand City resident Michelle Djokic expressed that it would be a nice feature to have a display of the history of Sand City and the original people who lived in the area.
Vice Mayor Blackwelder was in agreement with Ms. Djockic’s suggestion. 6:37 P.M. Floor closed to Public Comment.
{Mayor Carbone and Council Member Cruz rejoined the meeting. Mayor Carbone presided over the meeting.}
8C. Presentation by Steven Kitrell, Founder of Veloce Valuations on Proposed 2022 Petrol & Paint Celebration of the Arts
Mr. Steven Kitrell, founder of Veloce Valuations presented a proposal for a Petrol and Paint event for Sand City. He provided a footprint of the event, use of the existing murals as a backdrop for the automobiles, types of automobiles that would be participating, a theme at the proposed locations, the use of the Art Park for 20-25 cars, and a tentative date of May 22, 2022.
In response to Council Member Cruz inquiry why he chose the date in May and not ‘car week’ in August, Mr. Kitrell responded that the primary goal was to make Monterey a place for year-round events, that hotels are usually full in the area, and would like to make this a special event.
Council Member Hawthorne expressed that a different time frame is a good idea. Mr.
Kitrell responded to his inquiry regarding the ownership of the vehicles to be displayed.
Council Member Sofer mentioned Sand City’s history in car involvement, the excitement of a different venue, and stressed the importance of have a positive, safe and friendly environment.
Mr. Kitrell informed the Council of his experience in dealing with people involved with Concours de’ elegance, his staff and volunteers, and noted that it would be a oneday event, from 10:00 a.m. to 2:00 p.m. He also reported on the number of cars he predicts will be displayed at each section of the City, and that the automobiles would relate to the type of mural at the location.
In response to Council Member Hawthorne’s inquiry regarding the costs, Mr. Kittrell is approximating $25 per person including the entry fee.
Mayor Carbone asked Mr. Kitrell whether he had received property owners’ permission for the private property involved which he responded affirmatively to. She also mentioned the street work that will occur in Sand City. Mr. Kitrell remarked that he was open to conduct an October event and provided additional information on a fundraising event for a mural.
_____________________________________________________________________________________________ Joint Sand City and Successor Agency of the Redevelopment Agency
01.18.2022 Council Meeting Minutes
7:15 P.M. Floor opened for Public Comment.
Sand City resident Michelle Djokic suggested having a display of electric cars. 7:16 P.M. Floor closed to Public Comment.
There was consensus of the Council directing Staff to work with Mr. Kitrell and to place the item on a future agenda further project details.
AGENDA ITEM 9, PUBLIC HEARING
{A name draw was conducted between Council Members Blackwelder, Hawthorne, and Sofer.
Council Members Hawthorne and Sofer recused from the virtual meeting due to a possible conflict of interest by residing within 500’ of the subject property.} 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
City Planner Charles Pooler presented the application submitted by Michelle Djokic to conduct and host performing art and cultural events at 440-A Ortiz Avenue. He reported that the applicant’s unit is in a mixed-use building with two residential condominium units split vertically on the 2nd and 3rd levels, outlined the project description with the intent to promote and perform various art and performing art mediums to include, film theater, music of multiple genres, and dance. The proposed events would occur during the weekday evenings after 4:30 p.m., and possibly extending to earlier daytime hours on weekends, with no set schedule.
The City’s zoning code does not specifically identify parking requirements for performing art/cultural events and the closest would be ‘assembly halls without fixed seats”, and would exceed all of the on-site parking; especially those sites that are designated for specific units. Should the Council decide that the ‘assembly’ parking requirement is not applicable to the applicant’s use, the Council can make a finding with the use permit language to be amended. Mr. Pooler read the recommended language in its entirety for the conditional use permit.
Mr. Pooler also reported on parking in-lieu fees charges, possible noise impacts that may be generated with the applicant’s use, building and fire codes, that no truck deliveries or shipments are anticipated, and no additional water allocation is necessary for the proposed use. Staff is in support of the applicants use as it is compliant with Policy 2.1.1 of the General Plan to help vitalize the West End District and artist community. Staff would support an approval if the Council would make the finding that the ‘assembly’ classification of the Municipal Code does not appropriately describe the applicants use. A letter of support was received by the Arts Council of Monterey.
_____________________________________________________________________________________________ Joint Sand City and Successor Agency of the Redevelopment Agency
01.18.2022 Council Meeting Minutes
Mr. Pooler further noted a typographical correction to the permit in Condition #3, that should read 10:00 p.m., not 9:00 p.m.
The Council received information regarding approximately how many events/performances may occur in a given week or month, and whether the applicant was the owner of the unit. Vice Mayor Blackwelder noted that he does not hear anything living next door to Ms. Djokic building, is a wonderful use of the property, and supports that the ‘assembly’ clause not apply to the use. 7:45 P.M. The Mayor opened the floor for public comment, and seeing none, closed the floor to public comment.
The applicant Michelle Djokic expressed her excitement and will work with the building official to provide another exit if the number of attendees exceed maximum capacity. The applicant further requested that the time on the permit be extended to 10:30-11:00 p.m. to clean and allow for conversation following a performance.
Mr. Pooler noted the change to also include that special circumstances may be allowed in excess of weekly performances subject to City Manager approval.
In response to the Mayor’s inquiry whether the applicant was in agreement with the conditions of the use permit, the applicant responded that she was in agreement with permit conditions.
Motion to approve the City Resolution approving Conditional Use Permit 650 for Michelle Djokic to Conduct and Host Performing Arts and Cultural Events at 440-A Ortiz Avenue as amended was made by Council Member Blackwelder, seconded by Council Member Cruz. Roll call Vote AYES: Council Members Blackwelder, Carbone, Cruz. NOES: None. ABSENT: None. ABSTAIN: Hawthorne, Sofer.
Motion carried.
{Council Members Hawthorne and Sofer returned to the meeting} AGENDA ITEM 10, NEW BUSINESS
10A. Approval of City RESOLUTION Authorizing the City Attorney to Execute a Contract with Meyers Nave, Riback, Silver & Wilson, PLC Acting City Manager/City Attorney Vibeke Norgaard reported that the City has worked with Meyers Nave in the past, a law firm that has assisted Sand City on a number of legal projects, and that the amount of $37,495 has already been allocated in the budget through July 2022. Staff recommends approval of the attached resolution.
8:03 P.M. The Mayor opened the floor for public comments and seeing none, closed the floor to public comment.
_____________________________________________________________________________________________ Joint Sand City and Successor Agency of the Redevelopment Agency
01.18.2022 Council Meeting Minutes
Motion to approve the City Resolution authorizing the City Attorney to Execute a Contract with Meyers Nave, Riback, Silver & Wilson, PLC was made by Council Member Cruz, seconded by Council Member Sofer. Roll call Vote AYES: Council Members Blackwelder, Carbone, Cruz, Hawthorne, Sofer. NOES: None. ABSENT:
None. ABSTAIN: None. Motion carried.
10B. Consideration of Successor Agency RESOLUTION Authorizing the Agency Counsel to Execute a Contract with Meyers, Nave, Riback, Silver & Wilson, PLC
Acting City Manager/Agency Attorney Norgaard presented the Successor Agency resolution regarding a contract with Meyers, Nave, Riback Silver & Wilson. She reported that at the January 14, 2022 Oversight Board meeting, the Board approved the reinstatement of the loan, and that part of the process may involve litigation should it not be approved by the Department of Finance. The contract will utilize funds from the Successor Agency for any expenses incurred. Staff recommends approval of the attached resolution.
8:08 P.M. The Mayor opened the floor for public comment, and seeing none, closed the floor for public comment.
Motion to approve the Successor Agency Resolution authorizing the Agency Counsel to Execute a Contract with Meyers Nave, Riback, Silver & Wilson, PLC was made by Agency Member Cruz, seconded by Agency Member Sofer. Roll call Vote AYES: Agency Members Blackwelder, Carbone, Cruz, Hawthorne, Sofer. NOES:
None. ABSENT: None. ABSTAIN: None. Motion carried.
10C. Consideration and Approval of Future Dates for 2022 Sand City Events The Council reviewed the dates for upcoming Sand City events for 2022. Acting City Manager/City Attorney Norgaard that the exact dates for the We.mural festival will be announced at a future date, although it typically falls before the weekend of the West End Celebration.
There was consensus of the Council approving the dates for 2022 Sand City Events.
10D. Comments by Council Members on Items of Interest to Sand City Vice Mayor Blackwelder reported on the Waste Management meeting and SB 1383 recycling requirements that should were effective beginning in January.
Mr. Pooler added that enforcement and citation would begin in 2024. 10E. Upcoming Meetings/Events
_____________________________________________________________________________________________ Joint Sand City and Successor Agency of the Redevelopment Agency
01.18.2022 Council Meeting Minutes
The City Clerk reported that the upcoming January MCBC Luncheon has been postponed due to rising Covid cases.
AGENDA ITEM 12, ADJOURNMENT
The Mayor adjourned the meeting at 8:18 p.m. until the next regularly scheduled Council meeting on Tuesday, February 1, 2022.
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Connie Horca, City Clerk