REGULAR MEETING
JOINT SAND CITY COUNCIL AND
SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY
TUESDAY, FEBRUARY 15, 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, February 15, 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#
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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 Sand City Council Meeting Minutes
1) January 18, 2022 Special Meeting Minutes
2) February 1, 2022 Regular Meeting Minutes
1.18.2022 Special Meeting Minutes.pdf
2.01.2022 Minutes.pdf
6B. Consideration of City RESOLUTION Authorizing the Submission of Applications and Performing Grant Administration for all CalRecycle Grants that the City of Sand City is Eligible for over the next Five Years
Staff Report & Resolution Authorizing the Submission of Applications and Performing Grant Administration for all CalRecycle Grants.pdf 6C. Approval of City RESOLUTION Authorizing the Extension of Remote Teleconference Meetings of the City Council and Boards, Commissions, and Committees for the period of February 19, 2022 through March 18, 2022 pursuant to AB 361 and Ralph M. Brown Act Provisions
Resolution. Authorizing the Extension of Remote Teleconference Meetings.pdf 6D. Acceptance of City/Successor Agency Monthly Financial Report, January 2022 City.Successor Agency Financial Report January 2022.pdf
7. CONSIDERATION OF ITEMS PULLED FROM CONSENT CALENDAR
8. NEW BUSINESS
8A. Consideration and Approval of City RESOLUTION to Amend and Update the Memorandum of Understanding between the Monterey Regional Waste Management District and the City of Sand City for Assistance in Achieving SB 1383 Compliance
3 Staff Report.Amendment of MOU with MRWMD to Implement SB 1383 Grant Funding.pdf
Resolution.To Amend the MOU between MRWMD and the CIty of Sand City.pdf 8B. Comments by Council Members on Items of Interest to Sand City 8C. Upcoming Meetings/Events
9. PRESENTATION
9A. Presentation by Tom McCullough regarding possible Bike Race Criterium in Sand City (10 minutes)
9B. Presentation regarding G.I. Josie Inc., by Laurabeth Messimer ( 10 minutes)
10. PUBLIC HEARING
10A. Second Reading: ORDINANCE of the City Council of the City of Sand City Authorizing the Levy of Special Taxes in a Community Facilities District Staff Report. Ordinance authorizing the Levy of Special Taxes in a Community Facilities District (South of Tioga).pdf
Attachment 1. Ordinance Authorizing Levy of Special Taxes.pdf Attachment 2. SC 22-07 Establishing a Community Facilities District.pdf
11. CLOSED SESSION
11A. City Council/Successor Agency Board to adjourn to Closed Session regarding:
1). Conference with labor negotiator (Cal. Gov. Code Section 54957.6) Agency negotiator: City Attorney/Acting City Manager Vibeke Norgaard Represented employees: Sand City Police Officers' Association 11B. Re-adjourn to Open Session to report any action taken at the conclusion of Closed Session in accordance with California Government Code section 54957.1
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 Sand City Council Meeting
Minutes 1) January 18, 2022 Special
Meeting Minutes 2) February 1, 2022
Regular Meeting Minutes
5 _________________________________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency
01.18.22 Special Meeting Minutes
MINUTES
JOINT SAND CITY COUNCIL AND SUCCESSOR
AGENCY OF THE REDEVELOPMENT AGENCY
Special Meeting - Tuesday, January 18, 2022
4:00 PM
As allowed per Assembly Bill (AB361), this meeting was conducted in person and by teleconference
AGENDA ITEM 1, CALL TO ORDER
Mayor Carbone opened the meeting at 4:01 p.m.
AGENDA ITEM 2, ROLL CALL
Present: Mayor Mary Ann Carbone
Council Member Cruz (virtual attendance)
Council Member Sofer (virtual attendance)
Council Member Hawthorne
Council Member Blackwelder (virtual attendance)
Staff: Vibeke Norgaard, Acting City Manager/City Attorney Connie Horca, City Clerk
Mayor Carbone renumbered the agenda and indicated that Agenda item 1 will be Call to Order and that Agenda item 2 will be Roll Call.
AGENDA ITEM 3, COMMUNICATIONS
4:02 P.M. Floor opened for Public Comment.
There were no comments from the Public in person, via writing or through telecommunications.
4:02 P.M. Floor closed to Public Comment.
AGENDA ITEM 4, CLOSED SESSION
4:03 p.m.
4A. City Council/Successor Agency Board to adjourned to Closed Session pursuant to Cal. Gov. Code § 54957.6 regarding Conference with Labor Negotiator:
1) Agency designated representatives: Acting City Manager/City Attorney, Vibeke Norgaard; Unrepresented employee: City Clerk
2) Agency designated representatives: Acting City Manager/City Attorney, Vibeke Norgaard; Unrepresented employee: Public Works Foreman
3) Agency designated representatives: Acting City Manager/City Attorney, Vibeke Norgaard; Unrepresented employee: Finance Specialist
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01.18.22 Special Meeting Minutes
4:59 p.m.
4B. Re-adjourned to Open Session to report any action taken at the conclusion of Closed Session in accordance with California Government Code section 54957.1
Counsel discussed salaries of unrepresented employees. No action was taken.
Labor negotiator was directed to bring item regarding salaries back to council at its next council meeting.
AGENDA ITEM 5, ADJOURNMENT
There was consensus of the Council to adjourn the meeting at 5:00 p.m.to the next regularly scheduled Council meeting on January 18, 2022 at 5:30 p.m. ________________________
Connie Horca, City Clerk
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02.01.22 Regular Meeting
MINUTES
JOINT SAND CITY COUNCIL AND SUCCESSOR
AGENCY OF THE REDEVELOPMENT AGENCY
Regular Meeting - Tuesday, February 1, 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
The invocation was led by Reverend Robert Hellam.
AGENDA ITEM 2, PLEDGE OF ALLEGIANCE
The pledge of allegiance was led by Mayor Carbone.
AGENDA ITEM 3, ANNOUNCEMENT BY MAYOR, CITY ATTORNEY, & CITY STAFF Acting City Manager/City Attorney Norgaard reported on the highlights of her City Manager’s report to include the completion of the replacement windows at City Hall, West Bay Street repair project, Calabrese Park, and meeting with Cal-Am for new intake wells and the Department of Finance regarding the Oversight Board approved loan. She also updated the Council regarding the Seaside Sanitation District project with a construction start date in late February, lasting 3-4 months, reported on the conservation easement, the California Department of Fish and Wildlife letter written by the Mayor, and the Budget amendment.
Ms. Norgaard responded to Council Member Sofer’s inquiry regarding a status update on the Contra Costa storm drain project indicating that City Engineer Gomez would need to provide a status report.
AGENDA ITEM 4, COMMUNICATIONS
5:38 P.M. Floor opened for Public Comment.
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02.01.22 Regular Meeting
Sand City resident Brian Clark commented on the former City Manager’s name showing up on the website, and also expressed his thanks to Mr. Blair. 5:40 P.M. Floor closed to Public Comment.
AGENDA ITEM 5, CONSENT CALENDAR
5:41 P.M. Floor opened for Public Comment.
Sand City resident Brian Clark thanked the Council for approving the use permit for Mrs.
Djokic at the last Council meeting and mentioned the changes that were adopted and whether the changes were incorporated into the permit. Acting City Manager/City Attorney Norgaard responded that the changes had been made.
City Clerk Horca pointed out a typographical change on page 11 of the January 18, 2022 minutes to read ‘hours’ not house.
5A. Discussion and amendments to the January 18, 2022 Sand City Council Meeting Minutes were noted.
5B. There was no discussion of the City/Successor Agency Financial Report for December 2021.
5C. There was no discussion of the City Resolution authorizing Contract Services with Bartel Associates, LLC to Perform Actuarial Valuation Services for Fiscal Year ending June 30, 2022 in an amount not to exceed $4,850.
Motion to approve the Consent Calendar was made by Council Member Blackwelder, seconded by Council Member Hawthorne. Roll call Vote AYES: Council Members Blackwelder, Carbone, Cruz, Hawthorne, Sofer. NOES: None. ABSENT: None. ABSTAIN:
None. Motion carried.
AGENDA ITEM 6, CONSIDERATION OF ITEMS PULLED FROM CONSENT CALENDAR There were no items pulled from the Consent Calendar.
AGENDA ITEM 7, PRESENTATION
7A. Presentation by So Gnar, Inc. and Council Discussion regarding We.mural Festival 2022, including consideration of Festival Budget Pat Milbery and Hunter Stevens of So Gnar Inc presented the concept for the 2022 We.mural Festival, reported on the success of last year’s event, media and print news, participation of 31 local artists and creation of 13 walls, and proposed scaling back the number of artist and walls for 2022.
There was Council discussion of the overall vision, how many more walls are expected to be painted, the number of buildings in Sand City, and possibility of replacing some of the existing murals.
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02.01.22 Regular Meeting
Mr. Milbery presented the proposed budget of $80,000 to include art curation services, artist commission, equipment rental, paint/supplies, lodging, and videography/marketing.
Ms. Stevens added that the Monterey Tides has offered to work with SoGnar for rooms during the event.
Acting City Manager/City Attorney Norgaard suggested procuring donations and sponsorships to offset the cost of the event.
Former City Manager Aaron Blair commented on his full support of the event, Mr. Milberys good job on the presentation, and the murals sense of place that would continue to initiate economic development in Sand City.
Mr. Milbery proposed the dates of August 18-25 (option 1) which is a week prior to the West End Celebration (WEC), and August 22-29 (option 2), the week that would overlap the WEC.
The Council discussed both options, the hardships that were created during last year’s celebration by having the events overlap, and tents blocking the art.
Council Member Hawthorne recommended option 1 and explained that those dates would not create congestion, individuals can watch the murals being painted, leave surrounding areas for PR, and is an event that would draw enough attention.
Council Member Sofer concurred with Council Member Hawthorne adding that the mural festival has its own momentum, and would lessen the stress of 2 back-to-back events occurin simultaneously.
Council Member Cruz expressed her concern regarding the proposed budget for the event, and would like to have the Budget Committee review.
Following Council discussion, there was consensus of the Council to approve the date of August 18-25 (option 1), procuring donations through a sponsorship letter, and to have the Budget Committee review the costs.
6:38 P.M. Floor opened for Public Comment.
Sand City Brian Clark thanked Mr. Blair, mentioned the Arts Committees involvement, and expressed support for Mr. Milbery’s proposal as well as review of the budget.
Mr. Milbery commented on the amazing opportunity of the mural festival and hopes to follow the legacy of the West End Celebration and its contribution to the community. 6:42 P.M. Floor closed to Public Comment.
Mayor Carbone thanked Pat Milbery and Hunter Stevens, and directed the City Manager to proceed with the next steps.
AGENDA ITEM 8, PUBLIC HEARING
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02.01.22 Regular Meeting
{Council Member Cruz recused form the meeting due to a possible conflict of interest by residing within 500 feet of the subject property}
8A. Consideration and Approval of South of Tioga Development Project Community Facilities District No. 2021-1 Formation Public Hearing, Elections and Authorization of Special Taxes
Acting City Manager/City Attorney Vibeke Norgaard reported that at the December 21, 2021 council meeting, the Council adopted a resolution of intention to Establish Community Facilities District No. 2021-2 (South of Tioga) and to authorize the levy of special taxes. The Mello-Roos Community Facilities Act of 1982 authorizes the City Council to establish a community facilities district and act as its legislative body. The resolution of intention directed the City Manager to prepare the CFD report which is attached as Attachment A to the staff report. The resolution of formation references the boundary map, describes the services to be funded by the CFD, confirms the Rate and Method of Apportionment, designates the City Manager to prepare the annual special tax levy, and propose an appropriations limit for the CFD. The resolutions of formation, calling for a special election, declaring results of a special landowner election, and first reading of an Ordinance authorizing the levy of special taxes in a community facilities district is presented for council consideration and approval.
8B. Approval of City RESOLUTION Establishing Community Facilities District No. 2021-1 (South of Tioga Project)
6:49 P.M. Floor opened for Public Comment.
There were no comments from the Public in person, via writing or through telecommunications.
6:49 P.M. Floor closed to Public Comment.
Motion to approve the City Resolution Establishing Community Facilities District No. 2021-1 (South of Tioga Project) was made by Council Member Sofer, seconded by Council Member Hawthorne. Roll call Vote AYES: Council Members Blackwelder, Carbone, Hawthorne, Sofer. NOES: None. ABSENT: None. ABSTAIN: Council Member Cruz. Motion carried.
8C. Approval of City RESOLUTION Calling a Special Election for the Community Facilities District
Motion to approve the City Resolution Calling a Special Election for the Community Facilities District was made by Council Member Hawthorne, seconded by Council Member Sofer. Roll call Vote AYES: Council Members Blackwelder, Carbone, Hawthorne, Sofer. NOES: None. ABSENT: None. ABSTAIN: Council Member Cruz. Motion carried.
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02.01.22 Regular Meeting
8D. Approval of City RESOLUTION Declaring Results of a Special Landowner Election and Directing the Recording of a Special Tax Lien The City Clerk reported on the canvass of votes and elections results.
Motion to approve the City Resolution Declaring Results of a Special Landowner Election and Directing the Recording of a Special Tax Lien was made by Council Member Blackwelder, seconded by Council Member Sofer. Roll call Vote AYES:
Council Members Blackwelder, Carbone, Hawthorne, Sofer. NOES: None.
ABSENT: None. ABSTAIN: Council Member Cruz. Motion carried. 8E. First Reading: ORDINANCE of the City Council of the City of Sand City Authorizing the Levy of Special Taxes in a Community Facilities District Motion to waive reading in full and read by title only of the Ordinance of the City Council of the City of Sand City Authorizing the Levy of Special Taxes in a Community Facilities District was made by Council Member Hawthorne, seconded by Council Member Sofer. Roll call Vote AYES: Council Members Blackwelder, Carbone, Hawthorne, Sofer. NOES: None. ABSENT: None. ABSTAIN: Council Member Cruz. Motion carried.
Motion to approve for First Reading of the Ordinance of the City Council of the City of Sand City Authorizing the Levy of Special Taxes in a Community Facilities District was made by Council Member Blackwelder, seconded by Council Member Hawthorne. Roll call Vote AYES: Council Members Blackwelder, Carbone, Hawthorne, Sofer. NOES: None. ABSENT: None. ABSTAIN: Council Member Cruz. Motion carried.
{Council Member Cruz returned to the meeting}
AGENDA ITEM 9, NEW BUSINESS
9A. Consideration of City RESOLUTIONS to Approve Salary Increases Acting City Manager/City Attorney Vibeke Norgaard presented that at the December 2, 2021 Budget and Personnel Committee meeting, the committee considered requests by the City Clerk, Finance/Human Resources, and Public Works Supervisor for salary increase and recommended that the requests be brought to the City Council for consideration at a closed session meeting on January 18, 2022. The Council directed the City Attorney to bring back the attached resolutions to increase the salaries of the positions of City Clerk by
7.5%, Finance/HR Specialist by 7.5%, and Public Works Supervisor by 7%. The resolutions become effective upon approval by the City council. 1) Adoption of City RESOLUTION to Approve Salary Increase for the Position of City Clerk effective February 1, 2022
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02.01.22 Regular Meeting
7:00 P.M. Floor opened for Public Comment.
There were no comments from the Public in person, via writing or through telecommunications.
7:00 P.M. Floor closed to Public Comment.
Motion to approve the City Resolution to Approve Salary Increase for the Position of City Clerk effective February 1, 2022 was made by Council Member Sofer, seconded by Council Member Hawthorne. Roll call Vote AYES: Council Members Blackwelder, Carbone, Cruz, Hawthorne, Sofer. NOES: None.
ABSENT: None. ABSTAIN: None. Motion carried.
2) Adoption of City RESOLUTION to Approve Salary Increase for the Position of Finance/Human Resource Specialist effective February 1, 2022
Motion to approve the City Resolution to Approve Salary Increase for the Position of Finance/Human Resource Specialist effective February 1, 2022 was made by Council Member Blackwelder, seconded by Council Member Sofer. Roll call Vote AYES: Council Members Blackwelder, Carbone, Cruz, Hawthorne, Sofer. NOES:
None. ABSENT: None. ABSTAIN: None. Motion carried.
3) Adoption of City RESOLUTION to Approve Salary Increase for the Position of Public Works Supervisor effective February 1, 2022 Motion to approve the City Resolution to Approve Salary Increase for the Position of Public Works Supervisor effective February 1, 2022 was made by Council Member Blackwelder, seconded by Council Member Sofer. Roll call Vote AYES:
Council Members Blackwelder, Carbone, Cruz, Hawthorne, Sofer. NOES: None.
ABSENT: None. ABSTAIN: None. Motion carried.
9B. Approval of City RESOLUTION Amending the City's Salary Schedule Acting City Manager/City Attorney Vibeke Norgaard reported that the attached resolution reflects the changes made upon approval of the salary increase resolutions. State law requires cities to adopt a publicly available pay schedule that identifies the title and position for each employee. The total annual cost of the increases will be $20,800 for the changes and will be incorporated in the annual budget.
7:04 P.M. Floor opened for Public Comment.
There were no comments from the Public in person, via writing or through telecommunications.
7:04 P.M. Floor closed to Public Comment.
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02.01.22 Regular Meeting
Motion to approve the City Resolution amending the City's Salary Schedule was made by Council Member Blackwelder, seconded by Council Member Hawthorne.
Roll call Vote AYES: Council Members Blackwelder, Carbone, Cruz, Hawthorne, Sofer. NOES: None. ABSENT: None. ABSTAIN: None. Motion carried. 9C. Comments by Council Members on Items of Interest to Sand City There were no comments by Council Members.
9D. Upcoming Meetings/Events
Mayor Carbone made a request for Vice Mayor Blackwelder’s attendance at the May 6, 2022 Mayor’s meeting due to her unavailability, and to preside over the June 21, 2022 meeting. She also inquired whether Council Member Cruz would attend the March 17, 2022 Community Human Services meeting on her behalf.
AGENDA ITEM 10, CLOSED SESSION
7:08 P.M. The Mayor opened the floor for public comment and seeing none, closed the floor to public comment.
7:09 p.m.
10A. City Council/Successor Agency Board adjourned to Closed Session regarding:
1). Conference with labor negotiator (Cal. Gov. Code Section 54957.6) Agency negotiator: City Attorney/Acting City Manager Vibeke Norgaard Represented employees: Sand City Police Officers' Association
2). Conference with legal counsel - anticipated litigation (Cal. Gov Code section 54956.9(d)(2)).
7:37 p.m.
10B. Re-adjourn to Open Session to report any action taken at the conclusion of Closed Session in accordance with California Government Code section 54957.1
The Council provided confidential direction to labor negotiator (Item 10A(1)).
The Council received a confidential update from legal counsel. No action was taken (Item 10A(2)).
AGENDA ITEM 11, ADJOURNMENT
There was consensus of the Council to adjourn the meeting at 7:38 p.m. to the next regularly scheduled meeting on February 15, 2022 at 5:30 p.m. _______________________________
Connie Horca, City Clerk
14 AGENDA ITEM
6B.
Consideration of City RESOLUTION
Authorizing the Submission of
Applications and Performing Grant
Administration for all CalRecycle Grants
that the City of Sand City is Eligible for
over the next Five Years
15 CITY OF SAND CITY
STAFF REPORT
JANUARY 28, 2022
(For City Council consideration on February 15, 2022)
TO: Mayor & City Council
FROM: Charles Pooler, City Planner
SUBJECT: Authorizing City Manager or Designee to Apply for and Manage CalRecycle Grants for the Next Five Years
BACKGROUND
Public Resource Code Sections 48000 et seq. authorizes the Department of Resources Recycling and Recovery (hereinafter “CalRecycle”) to administer various grant programs in furtherance of the State of California’s (“State”) efforts to reduce, recycle, and reuse solid waste generated in the State, thereby preserving landfill capacity and protecting public health, safety, and environment. In furtherance of this authority, CalRecycle is required to establish procedures governing the application, awarding, and management of those grants. CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the application and administration of CalRecycle grants.
A non-competitive SB 1383 Local Assistance Grant Program (“SB 1383 grant”) has become available from CalRecycle to assist local jurisdictions in implementing programs related to SB 1383. Sand City is entitled to $20,000 for this purpose. In November of 2021, the Monterey Regional Waste Management District’s Technical Advisory Committee started a cooperative effort to submit a combined application for all member jurisdictions to pool those resources in addressing SB 1383 requirements, particularly in the area of administration, public education, and marketing/outreach. However, as of January 26th, it was discovered that such funding cannot be pooled in a single application and that jurisdictions must apply individually. Blue Strike Environmental, in working with the Monterey Regional Waste Management District (MRWMD), has prepared applications for all MRWMD’s member jurisdictions, including Sand City. As part of this application submission, the City needs to provide a resolution identifying and assigning authority to apply and administer this grant. To meet this requirement, a draft resolution granting general authority to the City Manager for five (5) years to apply for such CalRecycle grants as they may become available; including the aforementioned SB 1383 Grant.
Financial:
16 The draft resolution now presented to Council is for granting general authority to the City Manager and/or designee, over the next five years, to apply for and manage CalRecycle grants. If grants are awarded, the acceptance of grants would still be subject to City Council approval prior to enacting grant contracts. At this time, CalRecycle’s SB 1383 Grant is making available $20,000 to Sand City. There is no matching fund required as part of this SB 1383 Grant. Staff’s intent is to acquire monies available to Sand City and reallocate to the Monterey Regional Waste Management District who will perform a public outreach and education program on behalf of the City and provide CalRecycle with the required financial and program reporting. This funding and effort will be pooled with the other Peninsula jurisdictions who also contribute their SB 1383 Grant funds towards this coordinated effort.
The City of Sand City has extremely limited in-house staff resources and capped budgeting to, in itself, develop programs and collate data necessary to appropriately apply for and then manage CalRecycle grants. It is essential to utilize outside resources such as the Monterey Regional Waste Management District, their consultants, and/or other agencies to assemble grant applications and enact the associated grant programs on behalf of the City. Therefore, dedicating the $20,000 to the MRWMD’s endeavors of public outreach and education, in a pool with other local jurisdictions, is both a logical and symbiotic approach to utilizing these funds and maintaining compliance with SB 1383 outreach and education requirements.
CEQA:
The proposed action is not a project as defined by the California Environmental Quality Act (CEQA) per CEQA Guideline section 15378. Furthermore, the act of designating authority and/or applying for and managing grant funding will have no impact upon the environment. Therefore, CEQA is not applicable to grant applications, grant management, or the receiving/expenditure of funds in accordance with CEQA Guideline sections 15060(c)(2) and (3).
RECOMMENDATION
Staff recommends APPROVAL of the attached resolution authorizing the City Manager, or his/her designee, to execute on behalf of the City of Sand City all documents, including, but not limited to, applications, agreements, amendments, and requests for payment(s) necessary to secure CalRecycle grant funds and to implement approved grant projects, with the condition that final acceptance of grants and execution of contracts would still be subject to City Council approval.
ATTACHMENT:
1) Draft Resolution authorizing the submission of applications for all CalRecycle grants for which the City of Sand City is eligible for five (5) years 17 CITY OF SAND CITY
RESOLUTION SC , 2022
RESOLUTION OF THE CITY COUNCIL OF SAND CITY AUTHORIZING
THE SUBMISSION OF APPLICATIONS AND PERFORMING GRANT
ADMINISTRATION FOR ALL CALRECYCLE GRANTS THAT THE CITY
OF SAND CITY IS ELIGIBLE FOR OVER THE NEXT FIVE YEARS
WHEREAS, the Public Resource Code Sections 48000 et seq. authorize the Department of Resources Recycling and Recovery (hereinafter “CalRecycle”) to administer various grant programs (“grants”) in furtherance of the State of California (“State”) efforts to reduce, recycle, and reuse solid waste generated in the State, thereby preserving landfill capacity and protecting public health, safety, and environment; and WHEREAS, in furtherance of this authority, CalRecycle is required to establish procedures governing the application, awarding, and management of those grants; and WHEREAS, CalRecycle grant application procedures require, among other things, an applicant’s governing body to declare by resolution certain authorizations related to the administration of CalRecycle grants; and
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sand City to authorize the City Manager, or his/her designee, to execute on behalf of the City of Sand City all documents, including, but not limited to, applications, agreements, amendments, and requests for payment(s) necessary to secure CalRecycle grant funds and implement approved grant projects.
BE IT FURTHER RESOLVED that this authorization regarding CalRecycle grant documents is effective for five (5) years from the date of adoption of this Resolution and that acceptance of grants remains subject to City Council action.
PASSED AND ADOPTED, by the City Council of Sand City, this day of February, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
ATTEST:
_______________________________ Mary Ann Carbone, Mayor Connie Horca, City Clerk
ATTACHMENT 1
18 AGENDA ITEM
6C.
Approval of City RESOLUTION Authorizing
the Extension of Remote Teleconference
Meetings of the City Council and Boards,
Commissions, and Committees for the
period of February 19, 2022 through
March 18, 2022 pursuant to AB 361 and
Ralph M. Brown Act Provisions
19 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 FEBRUARY 19, 2022 THROUGH MARCH 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 20 community transmission in Monterey County, as of January 31, 2022, 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.
21 SECTION 3. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) March 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 15th, day of February 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
________________________
Mary Ann Carbone, Mayor
ATTEST:
________________________
Connie Horca, City Clerk
22 AGENDA ITEM
6D.
Acceptance of City/Successor Agency
Monthly Financial Report, January 2022
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65 AGENDA ITEM
8A.
Consideration and Approval of City
RESOLUTION to Amend and Update the
Memorandum of Understanding between
the Monterey Regional Waste
Management District and the City of Sand
City for Assistance in Achieving SB 1383
Compliance
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68 69
70 71
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AGENDA ITEM
8B.
Comments by Council Members on Items
of Interest to Sand City
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AGENDA ITEM
8C.
Upcoming Meetings/Events
101
AGENDA ITEM
9A.
Presentation by Tom McCullough
regarding possible Bike Race Criterium in
Sand City (10 minutes)
102
AGENDA ITEM
9B.
Presentation regarding G.I. Josie Inc., by
Laurabeth Messimer (10 minutes)
103
AGENDA ITEM
10A.
Second Reading: ORDINANCE of the City
Council of the City of Sand City
Authorizing the Levy of Special Taxes in a
Community Facilities District
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City of Sand City
STAFF MEMO
TO: Mayor and City Council
FROM: Vibeke Norgaard, Acting City Manager/City Attorney DATE: February 10, 2022
FOR: February 15, 2022 Council meeting
SUBJECT: Ordinance Authorizing the Levy of Special Taxes in a Community Facilities District (Community Facilities District No. 2021-1; South of Tioga Project)
Background
At a June 5, 2018 public hearing and City Council meeting, Council approved the Vesting Tentative Map 18-01 (“VTM”), and related mitigation monitoring and reporting program (“MMRP”) for the South of Tioga Project, a project proposed by DBO Development No 30 LLC (Developer) to redevelop property in the approximately 10.64 acre area bounded by Tioga Avenue to the northeast, California Avenue to the southeast, East Avenue to the southwest, and the Merle street right-of-way to the northwest in the central portion of the City, generally referred to as the “South of Tioga” district. (“Project”). (Resolutions SC 18-58, SC18-59). Also on June 5, 2018, the City Council certified an Environmental Impact Report (EIR) for the Project (“EIR”). On November 6, 2018, the City Council approved conditional use permits and coastal development permits for a hotel and associated parking on parcels H1, H2, H1A and H2A. (Resolution Nos. SC 18-98, 18-99, 18-100 and 18-101).
CFD
On December 4, 2018, the Council adopted goals and policies and appraisal standards for community facilities districts within Sand City. (Resolution SC 18-114, 2018).
On October 20, 2021, DBO and the City entered into a development agreement for the South of Tioga Project. (“Development Agreement”). A First Amendment to the Development Agreement was adopted at the City Council’s December 21, 2021 regular meeting (“First Amendment”). In order to offset negative fiscal impacts of the Project and to provide a funding mechanism for certain public services and maintenance, the VTM, the Development Agreement and the First Amendment address the establishment of a Community Facilities District (CFD), as authorized by the Mello-Roos Community Facilities Act of 1982, (Cal. Gov. Code section 53311 et seq.) (the “Act”).
In July of 2018, NBS prepared a Fiscal Impact Analysis providing analysis and backup related to the fiscal impacts of the project on City services. Additionally, maintenance costs were identified for project specific services that are in addition to the fiscal impacts.
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On December 21, 2021 the formation of the Community Facilities District was initiated by adoption of the Resolution of Intention to Establish Community Facilities District No. 2021-2 (South of Tioga Project) and to Authorize the Levy of Special Taxes (“Resolution of Intention”). The Resolution of Intention described the services covered by the CFD, the CFD boundary and set a time and place for the public hearing on the establishment of the CFD.
In January of 2022, the Developer (owners of not less than 10% of the area of land proposed to be included in the proposed CFD) petitioned the City to form a CFD.
On February 1, 2022, the Council held a public hearing and considered and approved a Resolution of Formation of the CFD (Resolution SC 22-07, 2022), which established the CFD, authorized the levy of a special tax within the district and established an appropriations limit for the District. (Attachment 2 to this staff report). The landowner electors waived the election noticing period for the CFD election thus allowing the Council to call the election and certify the election results.
Also at the February 1, 2022 Council meeting, the Council adopted a Resolution Calling a Special Election (Resolution SC 22-08, 2022). A special election was held among the landowner voters within the District, and voters approved the proposition relating to the levy of special taxes within the district and the establishment of an appropriations limit by the two-thirds vote required by the Act. Council approved a Resolution Declaring the Results of the Special Landowner Election and Directing the Recording of a Special Tax Lien (SC 22-09, 2022). The Council also conducted a first reading of the Ordinance Authorizing the Levy of Special Taxes in the Community Facilities District (“Ordinance”), attached to this staff report as Attachment 1.
The Ordinance authorizes the levy of special taxes within the CFD in accordance with the Rate and Method of Apportionment (RMA) set forth in the Resolution of Formation, and is attached to this staff report as Exhibit B to Attachment 2).
Next Steps
Following the adoption of the Ordinance, the City will levy special taxes in accordance with the RMA, the First Amendment and the Development Agreement. The First Amendment to the Development Agreement provides that the CFD tax payments shall commence on the first of August following the issuance of the first Certificate of Occupancy issued for the Project.
CEQA
The action is not subject to the California Environmental Quality Act (CEQA) as there is no possibility that the adoption of a resolution of intent to form a CFD activity in question could have a significant effect on the environment. (Cal. Pub. Res. Code § 21065; Cal.
Code Regs. tit. 14, § 15061(B)(3)).
FISCAL IMPACT
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The establishment of the CFD in the amount of $550,000 is intended to mitigate the negative fiscal impact of the Project.
STAFF RECOMMENDATION
Staff recommends APPROVAL of Ordinance attached as Exhibit A to this Staff report.
ATTACHMENTS
Attachment 1. Ordinance
Attachment 2. Resolution of Formation and its Exhibits A and B 107
ATTACHMENT 1
CITY OF SAND CITY
ORDINANCE NO. ____, 2022
AN ORDINANCE OF THE CITY COUNCIL OF CITY OF SAND CITY,
AUTHORIZING THE LEVY OF SPECIAL TAXES IN A COMMUNITY
FACILITIES DISTRICT
WHEREAS, this City Council of the City of Sand City (the “City Council”) on December 21, 2021, adopted Resolution SC 21-80, 2021 entitled “Resolution of Intention to Establish Community Facilities District No. 2021-1 (South of Tioga Project) and to Authorize the Levy of Special Taxes” (the “Resolution of Intention”) has conducted proceedings (the “Proceedings”) to establish the City of Sand City Community Facilities District No. 2021-1 (South of Tioga Project) (the “District”) pursuant to the Mello-Roos Community Facilities Act of 1982 (Sections 53311 and following, California Government Code; hereafter referred to as the “Act”) provide for the costs of operating and maintaining stormwater and appurtenant facilities (the “Services) as provided in the Act; and WHEREAS, the Resolution of Intention called for a public hearing to be held on February 1, 2022, and as part of the Proceedings, the City Council held a public hearing under the Act relative to the determination to proceed with the formation of the District and the rate and method of apportionment of the special tax (the “Special Tax”) to be levied within the District to finance the Services and at such hearing all persons desiring to be heard on all matters pertaining to the formation of the District and the levy of the Special Tax were heard, substantial evidence was presented and considered by this City Council and a full and fair hearing was held; and WHEREAS, upon the conclusion of the hearing, this City Council adopted a resolution entitled “Resolution Establishing Community Facilities District No. 2021-1 (South of Tioga Project)” (the “Resolution of Formation”), whereby the City Council (i) established the District, (ii) authorized the levy of the Special Tax within the District, and (iii) preliminarily established an appropriations limit for the District, all pursuant to the Act; and
WHEREAS, on February 1, 2022, a special election was held among the landowner voters within the District at which the landowner voters approved the proposition relating to the levy of Special Taxes within the District and the establishment of an appropriations limit for the District by the two-thirds vote required by the Act, which approval has been confirmed by resolution of this City Council; and
WHEREAS, the City Council ordered the recordation with the County Recorder of the County of Monterey of a Notice of Special Tax Lien (the “Notice”).
NOW, THEREFORE, be it resolved as follows:
1. The foregoing recitals are true and correct.
2. By the passage of this Ordinance, the City Council hereby authorizes and levies the Special Tax within the District pursuant to the Act, at the rate and in accordance with the rate and method of apportionment of Special Tax set forth in the Resolution of Formation, which rate and 108
ATTACHMENT 1
method is by this reference incorporated herein. The Special Tax is hereby levied commencing in fiscal year 2022/23 and in each fiscal year thereafter to pay for the Services for the District and all costs of administering the District, as contemplated by the Resolution of Formation and the Proceedings.
3. The City Manager of the City of Sand City or designee or employee or consultant of the City of Sand City is hereby authorized and directed each fiscal year to determine the specific Special Tax to be levied for the next ensuing fiscal year for each parcel of real property within the District, in the manner and as provided in the Resolution of Formation.
4. Exemptions from the levy of the Special Tax shall be as provided in the Resolution of Formation and the applicable provisions of the Act. In no event shall the Special Tax be levied on any parcel within the District in excess of the maximum Special Tax specified in the Resolution of Formation.
5. All of the collections of the Special Tax shall be used as provided in the Act and in the Resolution of Formation, including, but not limited to, the payment of the costs of the Services, the payment of the costs of the City of Sand City in administering the District, and the costs of collecting and administering the Special Tax.
6. The Special Tax shall be collected in the same manner as ordinary ad valorem taxes are collected and shall have the same lien priority and be subject to the same penalties and the same procedure and sale in cases of delinquency as provided for ad valorem taxes; provided, however, that the City Council may provide for other appropriate methods of collection by resolution(s) of the City Council. The City Manager of the City of Sand City is hereby authorized and directed to provide all necessary information to the auditor/tax collector of the County of Monterey in order to effect proper billing and collection of the Special Tax, so that the Special Tax shall be included on the secured property tax roll of the County of Monterey for fiscal year 2022/23 and for each fiscal year thereafter until no longer required to pay for the Services or until otherwise terminated by the City of Sand City.
7. If for any reason any portion of this ordinance is found to be invalid, or if the Special Tax is found inapplicable to any particular parcel within the District, by a court of competent jurisdiction, the balance of this ordinance and the application of the Special Tax to the remaining parcels within the District shall not be affected.
8. The Mayor shall sign this Ordinance and the City Clerk shall cause a summary of the same to be published immediately after its passage at least once in a newspaper of general circulation.
9. This Ordinance shall take effect 30 days from the date of final passage.
10. This Ordinance will not be codified and published in the Sand City Municipal Code.
INTRODUCED and first read on the 1
st day of February, 2022; and PASSED AND ADOPTED this 15th day of February, 2022.
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ATTACHMENT 1
DATED:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
___________________________
ATTEST: Mary Ann Carbone, Mayor
__________________________
Connie Horca, City Clerk
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ATTACHMENT 2
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AGENDA ITEM
11A.
City Council/Successor Agency Board to
adjourn to Closed Session regarding:1).
Conference with labor negotiator (Cal.
Gov. Code Section 54957.6)Agency
negotiator: City Attorney/Acting City
Manager Vibeke NorgaardRepresented
employees: Sand City Police Officers'
Association
124
AGENDA ITEM
11B.
Re-adjourn to Open Session to report any
action taken at the conclusion of Closed
Session in accordance with California
Government Code section 54957.1
125