REGULAR MEETING
JOINT SAND CITY COUNCIL AND
SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY
TUESDAY, APRIL 5, 2022
5:30 PM
1 1. ROLL CALL
2. INVOCATION
AGENDA
JOINT SAND CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
Regular Meeting - Tuesday, April 5, 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. PLEDGE OF ALLEGIANCE
4. 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.
5. CLOSED SESSION
5A. City Council to adjourn to Closed Session pursuant to Government Code Section 54957.6 to Consider and give direction to Labor Negotiator regarding City Manager Position
Agency Negotiator: Paul Kimura, Avery & Associates
5B. Re-adjourn to Open Session to report any action taken at the conclusion of Closed Session
6. ANNOUNCEMENT BY MAYOR, CITY ATTORNEY, & CITY STAFF
7. 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. 7A. Approval of Sand City Council Meeting Minutes
1) March 1, 2022 Special Meeting Minutes
2) March 10, 2022 Special Meeting Minutes
3) March 15, 2022 Special Meeting Minutes
4) March 15, 2022 Regular Meeting Minutes
3.1.22 SPECIAL Meeting Minutes.pdf
3.10.22 SPECIAL Meeting Minutes.pdf
3.15.22 SPECIAL Meeting Minutes.pdf
3.15.22 Regular Meeting Minutes.pdf
7B. Approval of City RESOLUTION Recognizing the Week of April 24 through April 30, 2022 as National Crime Victims' Rights Week
Resolution.National Crime Victims Week.pdf
7C. Approval of City Resolution Authorizing the Extension of Remote Teleconference Meetings of the City Council and Boards, Commissions, and Committees for the period of April 19, 2022 through May 18, 2022, pursuant to AB 361 and Ralph M.
Brown Act Provisions
Resolution. AB361.pdf
7D. Approval of City RESOLUTIONS Honoring the Monterey Peninsula Chamber 3 Awards Recipients
1) William L (Bill) Perocchi as the Monterey Peninsula Chamber of Commerce's 2021 Citizen of the Year Award Recipient
2) Dr. Deneen Guss as the Monterey Peninsula Chamber of Commerce's 2021 Ruth Vreeland Memorial Public Official of the Year Award Recipient 3) Ileen Groves as the Monterey Peninsula Chamber of Commerce's 2021 Robert C. Littlefield for Lifetime Achievement Award Recipient 4) Amy Gibson as the Monterey Peninsula Chamber of Commerce's 2020 Volunteer of the Year Award Recipient
5) Elizabeth Williams as the Monterey Peninsula Chamber of Commerce's 2021 Volunteer of the Year Award Recipient
6) Former Mayor Joe Gunter as the Monterey Peninsula Chamber of Commerce's 2021 Special Lifetime Recognition of Public Service Award Recipient RESOLUTION.2021 Citizen of the Year.William L. (Bill) Perocchi.pdf RESOLUTION.2021 Ruth Vreeland Memorial Public Official of the Year. Dr.
Deneen Guss.pdf
RESOLUTION.2021 LifetimeAchievement.Ileen Groves.pdf
RESOLUTION. 2020 Volunteer of the Year. Amy Gibson.pdf
RESOLUTION.2021 Volunteer of the Year.Elizabeth Williams.pdf RESOLUTION. 2021 Special Lifetime Recognition of Public Service Award. Joe Gunter.pdf
7E. Approval of City Donation/Contribution
1) Seaside/Sand City Chamber of Commerce - $500
2) Monterey County Film Commission - $500
Memo.City Donations.pdf
7F. Acceptance of City/Successor Agency Monthly Financial Report, February 2022 February 2022 City.Successor Agency Financial Report.pdf
8. CONSIDERATION OF ITEMS PULLED FROM CONSENT CALENDAR
9. PRESENTATION
9A. Presentation by Amy Sheehan regarding 831 Night Market and Potential Future Events at the Art Park (10 Minutes)
10. NEW BUSINESS
10A. Consideration of City RESOLUTION Appointing Vibeke Norgaard as City Manager and Authorizing the Mayor to Enter into Employment Agreement Staff Report. Appointing City Manager, Approving Employment Agreement, Amending Salary Schedule.pdf
Resolution Appointing Vibeke Norgaard as City Manager and Authorizing the Mayor to enter into Employment Agreement.pdf
10B. Consideration of City RESOLUTION Amending Resolution SC 22-05 to Increase the amount of Contract with Meyers nave to $112,495 and Appointing Adam U. 4 Lindgren as Interim City Attorney
Staff Report. Appointing Special Counsel as Interim City Attorney.pdf Resolution. Authorizing the City Attorney to Execute Contract with Meyers Nave.pdf
10C. Comments by Council Members on Items of Interest to Sand City
11. PUBLIC HEARINGS
11A. Consideration of City RESOLUTION Approving Coastal Development Permit 22- 01 for the Monterey Art Council to Host and Conduct Open Art Studio Workspace at 600 Ortiz Avenue, Units 102 and 110
Staff Report. Coastal Development Permit for Monterey Arts Council.pdf Resolution.Approving CDP 22-01 for the Monterey Art Councilto Host and Conduct Open Art Studio Workspace at 600 Ortiz Avenue, Units 102 & 110.pdf 11B. Consideration of City RESOLUTION Approving Conditional Use Permit 651 for Willow and Plum Authorizing a Floral Arrangement Workshop at 1737 Hickory Street
Staff Report. Conditional Use Permit for Floral Design Workshop at 1737 Hickory Street.pdf
Resolution. Approving Conditional Use Permit 651 for Willow and Plum.pdf
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.
5 AGENDA ITEM
5A.
City Council to adjourn to Closed Session
pursuant to Government Code
Section54957.6 to Consider and give
direction to Labor Negotiator regarding
City Manager PositionAgency Negotiator:
Paul Kimura, Avery & Associates
6 AGENDA ITEM
5B.
Re-adjourn to Open Session to report any
action taken at the conclusion of Closed
Session
7 AGENDA ITEM
7A.
Approval of Sand City Council Meeting
Minutes 1) March 1, 2022 Special Meeting
Minutes 2) March 10, 2022 Special
Meeting Minutes 3) March 15, 2022
Special Meeting Minutes 4) March 15,
2022 Regular Meeting Minutes
8 _____________________________________________________________________________ Sand City Council and Successor Agency of the Former Redevelopment Agency March 1, 2022 Special Council Meeting Minutes
AGENDA
JOINT SAND CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
Special Meeting - Tuesday, March 1, 2022
4:00 PM
As allowed per Assembly Bill (AB361), this meeting was conducted in person and by teleconference
Mayor Carbone called the meeting to order at 4:02 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
Staff: Connie Horca, City Clerk
Guest: Paul Kimura, Avery and Associates
AGENDA ITEM 2, PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Carbone.
AGENDA ITEM 3, COMMUNICATIONS
4:04 p.m. Mayor Carbone opened the floor for public Comment, and seeing none, closed the floor to public comment.
AGENDA ITEM 4, CLOSED SESSION
4:05 p.m.
4A. City Council/Successor Agency Board adjourned to Closed Session regarding:
Conference with labor negotiator (Cal. Gov. Code Sections 54957; 54954.5; 54957.6)
Position: City Manager
Agency Negotiator: Paul Kimura, Avery Associate
5:28 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 9 _____________________________________________________________________________ Sand City Council and Successor Agency of the Former Redevelopment Agency March 1, 2022 Special Council Meeting Minutes
There was no reportable action taken.
AGENDA ITEM 5, ADJOURNMENT
There was consensus of the Council to adjourn the meeting at 5:28 p.m. to the next regularly scheduled Council meeting on Tuesday, March 1, 2022 at 5:30 p.m. _______________________
Connie Horca, City Clerk
10 __________________________________________________________________________________________________ March 10, 2022 Sand City Council and Successor Agency of the Former Redevelopment Agency Special Council Meeting
MINUTES
JOINT SAND CITY COUNCIL AND SUCCESSOR AGENCY
OF THE REDEVELOPMENT AGENCY
Special Meeting – Thursday, March 10, 2022
8:30 a.m.
Panera Bread, Sand City
_____________________________________________________________________ The Mayor called the meeting to order at 8:30 a.m.
AGENDA ITEM 1, ROLL CALL
Present: Mayor Mary Ann Carbone
Council Member Cruz
Council Member Sofer
Council Member Hawthorne
Council Member Blackwelder
Guest: Paul Kimura, Avery & Associates
AGENDA ITEM 2, COMMUNICATIONS
8:31 a.m. The Mayor opened the floor for public comment, and seeing none, closed the floor for public comment.
AGENDA ITEM 3, CLOSED SESSION
9:00 a.m.
3A. City Council/Agency Board to adjourned to Closed Session to Discuss and Consider Public Employment Pursuant to Government Code Section 54957(b)(1)
Unrepresented Employee: Prospective City Manager Interviews Agency Negotiator: Paul Kimura, Avery & Associates
3:30 p.m.
3B. Re-adjourned to Open Session to report any action taken at the conclusion of Closed Session in accordance with 54957.1 of the Ralph M.
Brown Act
There was no reportable action taken
AGENDA ITEM 4, ADJOURNMENT
There was consensus of the Council to adjourn the meeting at 3:31 p.m. to the 11 __________________________________________________________________________________________________ March 10, 2022 Sand City Council and Successor Agency of the Former Redevelopment Agency Special Council Meeting
next regularly scheduled Council meeting on Tuesday, March 15, 2022 at 5:30 p.m.
_______________________
Connie Horca, City Clerk
12 _____________________________________________________________________________ Sand City Council and Successor Agency of the Former Redevelopment Agency March 15, 2022 Special Council Meeting Minutes
MINUTES
JOINT SAND CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
Special Meeting - Tuesday, March 15,2022
3:00 PM
As allowed per Assembly Bill (AB361), this meeting was conducted in person and by teleconference
Mayor Carbone called the meeting to order at 3:01 p.m.
AGENDA ITEM 1, ROLL CALL
Present: Mayor Mary Ann Carbone
Council Member Cruz (virtual attendance)
Council Member Sofer
Council Member Hawthorne
Council Member Blackwelder
Guest: Paul Kimura, Avery and Associates
AGENDA ITEM 2, COMMUNICATIONS
3:02 p.m. Mayor Carbone opened the floor for public Comment, and seeing none, closed the floor to public comment.
AGENDA ITEM 3, CLOSED SESSION
3:05 p.m.
3A. City Council/Successor Agency Board adjourned to Closed Session regarding:
Conference with labor negotiator (Cal. Gov. Code Sections 54957(b)(1) to Consider Candidates for City Manager Position
Agency Negotiator: Paul Kimura, Avery Associate
5:29 p.m.
3B. 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 Council directed the Agency Negotiator to negotiate with the selected candidate.
AGENDA ITEM 4, ADJOURNMENT
There was consensus of the Council to adjourn the meeting at 5:29 p.m. to the next regularly scheduled Council meeting on Tuesday, March 15, 2022 at 5:30 p.m. _______________________
Connie Horca, City Clerk
13 Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 03.15.22 Regular Meeting
MINUTES
JOINT SAND CITY COUNCIL AND SUCCESSOR
AGENCY OF THE FORMER REDEVELOPMENT AGENCY
Regular Meeting - Tuesday, March 15, 2022
5:30 PM
As allowed per Assembly Bill (AB361), this meeting was conducted in person and by teleconference
Mayor Carbone opened the meeting 5:37 p.m.
AGENDA ITEM 1, ROLL CALL
Present: Mayor Mary Ann Carbone
Council Member Cruz (excused absence)
Council Member Sofer
Council Member Hawthorne
Council Member Blackwelder
Staff: Vibeke Norgaard, Acting City Manager/City Attorney Connie Horca, City Clerk
Brian Ferrante, Chief of Police
AGENDA ITEM 2, PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Police Chief Brian Ferrante.
AGENDA ITEM 3, INVOCATION
There was no invocation.
AGENDA ITEM 4, ANNOUNCEMENT BY MAYOR, CITY ATTORNEY, & CITY STAFF Mayor Carbone reported on meetings she attended, the increase of State revenues, Prop 47 Legislation, Assembly Bill 1393 mandating vaccines, City Leaders Summit, and Assembly Bill 1646. She also provided an update regarding Monterey County news of the decrease in covid omicron cases, possible discontinuance of County held Zoom meetings, broadband issues, attendance at the Board of Supervisors water meeting, and on the Community Garden Kindness Rocks signage.
Acting City Manager Norgaard reported that the City Managers report was re-created for ease of comprehension, provided a status report on the Ortiz Avenue sewer project, and citizen outreach regarding a Transactions and Use Tax.
Police Chief Ferrante provided additional information regarding the sewer project, the purpose of the k-rail installation, and the contract timeline for project completion. 14 Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 03.15.22 Regular Meeting
AGENDA ITEM 5, COMMUNICATIONS
5:54 P.M. Floor opened for Public Comment.
There were no comments from the Public in person, via writing or through telecommunications on items not appearing on the agenda. 5:54 P.M. Floor closed to Public Comment.
AGENDA ITEM 6, CONSENT CALENDAR
6A. There was no discussion of the March 1, 2022 Council Meeting Minutes. 6B. There was no discussion of the City Resolution authorizing the Extension of Remote Teleconference Meetings of the City Council and Boards, Commission, and Committees for the Period of March 19, 2022 through April 18, 2022 pursuant to AB 361 and the Ralph M. Brown Act Provisions.
6C. There was no discussion of the Letter of Support for Veterans Homes in Monterey County.
6D. There was no discussion of the City Donation/Contribution to Casa de Noche Buena for $1,500, and PORAC in memory of fallen officer Jorge Alvarado Jr. for $250.
Motion to approve the Consent Calendar was made by Council Member Blackwelder, seconded by Council Member Cruz. Roll call Vote AYES: Council Members Blackwelder, Carbone, Hawthorne, Sofer. NOES: None. ABSENT: Council Member Cruz. 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
8A. Presentation and Annual Update by Central Coast Community Energy (10 Minutes)
Senior Commercial Services Manager Gabe Ruiz, presented and explained Central Coast Community Energy’s (3CE) operation and utility partnership, displayed city involvement and governance seats, accomplishments, energy programs, energy rate reductions during the height of the pandemic, and future goals for renewable energy sources by 2030. He reported on rebate programs and incentives for the purchase of new electric vehicles, residential charging stations, and various customer resources and tools.
Mr. Ruiz responded to Council Member Hawthorne’s inquiry regarding an already purchased electronic vehicle, and that the program is for newly purchased vehicles.
However, there are other programs such as residential charging stations that an 15 Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 03.15.22 Regular Meeting
application can be submitted towards. He also mentioned other incentives and offers available.
The Mayor mentioned the purchase of four electronic vehicles by Monterey Bay Air Resources District.
6:24 P.M. The Mayor opened the floor for public comment and seeing none, closed the floor for public comment.
The Mayor thanked Mr. Ruiz for the presentation.
AGENDA ITEM 9, NEW BUSINESS
9A. Consideration and Approval of City RESOLUTION Authorizing the City Attorney to Execute a Contract with Liebert Cassidy Whitmore (LCW) to Provide Employment Law and Human Resources Legal Services Acting City Manager Norgaard presented the item regarding renewal of a contract with Liebert Cassidy Whitmore (LCW). The City has used LCW in the past for employment law and human resource matters. There is no change in their costs for services, and the budget amendment includes an allocation of $40,000 for the year.
Staff recommends approval of the attached resolution.
6:28 P.M. The Mayor opened the floor for public comment and seeing none, closed the floor for public comment.
Motion to approve the City Resolution authorizing the City Attorney to Execute a Contract with Liebert Cassidy Whitmore (LCW) to Provide Employment Law and Human Resources Legal Services was made by Council Member Hawthorne, seconded by Council Member Blackwelder. Roll call Vote AYES: Council Members Blackwelder, Carbone, Hawthorne, Sofer. NOES: None. ABSENT: Council Member Cruz. ABSTAIN: None. Motion carried.
9B. Council Consideration and Discussion of Major Terms of Draft Short Term Rental Ordinance
Acting City Manager/City Attorney Norgaard reported that at the June 21, 2022 Council meeting, the Council directed staff to prepare a short-term rental (STR) ordinance. The attached draft short term rental ordinance is not presented for first reading and can be changed subject to Council’s discretion. Ms. Norgaard summarized the main points of the draft ordinance that would create restrictions on the ability to short term rent property in sand city - to include that unit rentals are 30 days or less, a permit must be obtained, unlawful to advertise without a permit, limits the number of occupants to 2 per room plus an additional 2 people, must have a bathroom facility, prohibits parties with large gatherings, no advertisement on the building, prohibited on property not approved for residential use, and that affordable housing units are ineligible. She also mentioned that the draft contemplated that a site manger would be on call 24/7 who must respond within 30 minutes, and that Host’s must inform occupants of noise regulations, post information for site manager contact, and that issued permits are non-transferable. Ms. Norgaard also reported 16 Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 03.15.22 Regular Meeting
on several factors for denial of a permit and revocation of a permit. The ordinance contemplated a waitlist be established and a cap on number of rentals that could be set by council. Existing rentals would have preference to get on the waitlist for 60 days.
There was Council discussion regarding whether neighbors can have an opinion on when a property can/cannot be used, setting a ‘cap’ on the number of STRs in the City, establishment of a wait list, and the possible number of existing STRs.
Acting City Manager/City Attorney Norgaard suggested that the Council set a ‘cap’ by resolution prior to adoption of the ordinance. She further reported that the draft ordinance would apply to Hosted & Unhosted STRs, that existing STRs be required to pay 6 months of prior TOT, permits be renewed annually, and explained several factors on how STRs may be revoked.
Council Member Hawthorne suggested that permits should be reviewed every several years instead of every year, that STRs should only be permitted if they are Hosted, and commented on properties purchased by investors that are being rented out as STRs.
Council Member Blackwelder inquired whether any kind of matrix is used to determine the appropriate amount of STRs since parts of the City are primarily residential and other parts mixed-use.
Ms. Norgaard suggested that a ‘cap’ can be set by resolution.
Mayor Carbone added that the Council can look into establishing a ‘cap’, commented on the importance of serving as a visitor serving community and source of income from STRs.
6:56 Floor opened for Public Comment
Sand City resident Luke Kilpatrick commented on how establishing an STR has allowed him to afford his mortgage, fear of losing his home if a ‘cap’ were set and placed on a waiting list, his disagreement with having personal information displayed, and that 6 months of prior TOT would be costly, and suggested that 2 to 3 months prior TOT would seem reasonable.
Sand City resident Bobbie Joe Harr commented on the housing shortage, number of short-term rentals present in the City, that Sand City is a mecca for investors who purchase homes for the purpose of operating Airbnb’s thereby making it difficult for people who desire to live in the City.
Sand City resident Steve Wilson expressed his agreement with Ms. Harr, that homes above City hall are zoned residential, spoke to issues regarding inadequate parking, that Airbnb’s are businesses that should require a license.
There was Council discussion regarding Hosted/Unhosted STRs, rules that should be established, legalities of operating an STR, displaying contact information for 17 Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 03.15.22 Regular Meeting
people who rent STRs, and those Peninsula cities that allow or disallow STRs and where in the city they may operate.
Ms. Harr expressed her opposition to STRs in the City, and how it changes the neighborhood.
Mr. Kilpatrick commented that he was in favor of STRs, the use of his STR by family members during the holidays, the inability of normal people to afford housing in Sand City, and that his location offers 4 parking spots.
Sand City resident David Perry commented that STRs should be required to have a use permit, the need to abide by the rules, and displeasure with the parking at the Dunes, that the City needs to observe.
Chief Ferrante addressed the parking at the Dunes, reported that the road is narrow, allows for a fire truck to pass, and future plans to widen the roadway.
Mayor Carbone summarized the discussions and comments from the public, and opened the floor for Council discussion.
Council Member Hawthorne expressed that an STR has to be hosted, a resident of the City, that property owners with multiple dwellings should be limited to how many STRs they are allowed, and the need for housing in the City that can be purchased by people who want to live in Sand City.
Council Member Sofer commented on the importance of addressing short term rentals, citizen engagement, unavailability of housing for those artists who desire to reside in Sand City, suggested that STRs should not be within residential areas, parking impacts living in a mixed-use area.
City Attorney Norgaard commented on the difference of STR’s and Airbnb’s, and that STR’s are legal.
The Council discussed the number of STRs that may be present in the City, setting a cap, and what that number should be.
Acting City Manager/City Attorney Norgaard requested confirmation from Council as to their direction to her from the discussion presented that the Council desires to have the ordinance reflect that STRs be allowed, but only if Hosted, and that a resolution can be brought to the Council to place a ‘cap’ on the number of hosted STRs to be allowed in the City, and to determine the number of STRs operating in City. She requested further clarification as to how Council was defining “Hosted”.
Council Member Hawthorne clarified that it should be only when the owner is actually present during the short-term rental, and not just that the rental is the owner’s primary home. There was consensus of the Council to move forward with the direction given.
9C. Comments by Council Members on Items of Interest to Sand City 18 Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 03.15.22 Regular Meeting
Council Member Sofer reported on her attendance at the In-Home Social Services meeting. There was no reportable action taken at the meeting. 9D. Upcoming Meetings/Events
City Clerk Horca announced the City Leaders Summit and requested that the Council response for those interested in attending.
AGENDA ITEM 10, ADJOURNMENT
There was consensus of the Council to adjourn the meeting at 8:15 p.m. to the next regularly scheduled Council meeting on Tuesday, April 5, 2022 at 5:30 p.m. _______________________________
Connie Horca, City Clerk
19 AGENDA ITEM
7B.
Approval of City RESOLUTION Recognizing
the Week of April 24 through April 30,
2022 as National Crime Victims' Rights
Week
20 CITY OF SAND CITY
RESOLUTION SC ____, 2022
RESOLUTION OF THE CITY COUNCIL OF SAND CITY RECOGNIZING THE WEEK OF APRIL 24 through APRIL 30, 2022 AS
NATIONAL CRIME VICTIMS’ RIGHTS WEEK
WHEREAS, in 1982, the President’s Task Force on Victims of Crime envisioned a national commitment to a more equitable and supportive response to victims; and WHEREAS, this commemorative week celebrates the energy, perseverance and commitment that launched the victim’s rights movement, inspired its progress, and continues to advance the cause of justice for crime victims; and WHEREAS, crime can leave a lasting impact on any person, regardless of age, national origin, race, creed, religion, gender, sexual orientation, immigration, or economic status; and
WHEREAS, incorporating communities’ existing experts and trusted sources of support into efforts to fully serve survivors will develop a criminal justice system response that is truly accessible and appropriate for all victims of crime; and WHEREAS, with the unwavering support of their communities and victim service providers behind them, survivors will be empowered to face their grief, loss, fear, anger, and hope without fear of judgment, and will feel understood, heard, and respected; and WHEREAS, serving victims and rebuilding their trust restores hope to victims and survivors, as well as supports thriving communities; and WHEREAS, engaging a broader array of healthcare providers, community leaders, faith organizations, educators and businesses can provide new links between victims and services that improve their safety, healing, and access to justice; and WHEREAS, honoring the rights of victims, including the rights to be heard and to be treated with fairness, dignity, and respect, and working to meet their needs rebuilds their trust in the criminal justice and social service systems; and WHEREAS, National Crime Victims’ Rights Week, provides an opportunity to recommit ensuring that all victims of crime - especially those who are challenging to reach or serve – are offered culturally and linguistically accessible and appropriate services in the aftermath of crime; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Sand City hereby expresses sincere gratitude and appreciation for those community members, victim service providers, and criminal justice professionals who are committed to 21 improving our response to all victims of crime so that they may find relevant assistance, support, justice and peace.
PASSED AND ADOPTED by the City Council of Sand City on this 5th day of April, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
__________________________
ATTEST: Mary Ann Carbone, Mayor
_____________________________
Connie Horca, City Clerk
22 AGENDA ITEM
7C.
Approval of City Resolution Authorizing
the Extension of Remote Teleconference
Meetings of the City Council and Boards,
Commissions, and Committees for the
period of April 19, 2022 through May 18,
2022, pursuant to AB 361 and Ralph M.
Brown Act Provisions
23 CITY OF SAND CITY
RESOLUTION SC 22-_, 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 APRIL 19, 2022 THROUGH MAY 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; 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 24 Sand City Resolution SC 22- , 2022
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.
25 Sand City Resolution SC 22- , 2022
SECTION 3. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) April 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 5th, day of April 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
________________________
Mary Ann Carbone, Mayor
ATTEST:
________________________
Connie Horca, City Clerk
26 AGENDA ITEM
7D.
Approval of City RESOLUTIONS Honoring
the Monterey Peninsula Chamber Awards
Recipients 1) William L (Bill) Perocchi as
the Monterey Peninsula Chamber of
Commerce's 2021 Citizen of the Year
Award Recipient 2) Dr. Deneen Guss as
the Monterey Peninsula Chamber of
Commerce's 2021 Ruth Vreeland
Memorial Public Official of the Year Award
Recipient 3) Ileen Groves as the
Monterey Peninsula Chamber of
Commerce's 2021 Robert C. Littlefield for
Lifetime Achievement Award Recipient 4)
27 Amy Gibson as the Monterey Peninsula
Chamber of Commerce's 2020 Volunteer
of the Year Award Recipient 5) Elizabeth
Williams as the Monterey Peninsula
Chamber of Commerce's 2021 Volunteer
of the Year Award Recipient 6) Former
Mayor Joe Gunter as the Monterey
Peninsula Chamber of Commerce's 2021
Special Lifetime Recognition of Public
Service Award Recipient
28 CITY OF SAND CITY
RESOLUTION SC 22- , 2022
RESOLUTION OF THE CITY OF SAND CITY HONORING WILLIAM L. (BILL) PEROCCHI AS THE MONTEREY PENINSULA CHAMBER OF COMMERCE’S
2021 CITIZEN OF THE YEAR AWARD RECIPIENT
WHEREAS, the Monterey Peninsula Chamber of Commerce present awards to various community leaders who have made substantial contributions to the Chamber of Commerce and the communities of the Monterey Peninsula; and
WHEREAS, the 2021 Citizen of the Year is presented to William L. (Bill) Perocchi who has made a notable impact upon, and contribution to the Monterey Peninsula; and WHEREAS, a former student who exceled in sports at Brooks School in North Andover, Massachusetts, William L. (Bill) Perocchi captained the football team, played basketball, and baseball, was the recipient of the “Brooks Alumni Shield” award in 2000 for outstanding character and achievement, and graduated from the University of New Hampshire with a Bachelor of Science Degree in Business Administration in 1979; and
WHEREAS, a Partner, and Co-Chairman of the Board of Directors of Pebble Beach Company, William L. (Bill) Perocchi previously served as CEO of the Pebble Beach Company for 22 years prior to his retirement in July 2021, was also instrumental in the efforts of securing financing in the sale of the Pebble Beach Company to a group of investors, and during his 22-year tenure as CEO arranged for countless celebrations, as well as leading the company through various extraordinary challenges; and
WHEREAS, prior to his tenure with the Pebble Beach Company, William L. (Bill) Perocchi served as Executive Vice President and Chief Financial Officer of Doubletree Hotels Corporation, worked with Ferris and Ueberroth to grow the company from 40 to 1,300 hotels, expanded revenues to $5 billion from 1992 through 1999, and served as the Vice President of Finance for Ametek Aerospace Products, Inc, from June 1989 to July 1992, and
WHEREAS, an avid community activist, William L. (Bill) Perocchi serves as a member of the Junior Achievement Monterey Bay Business Hall of Fame, Lawrence Boys and Girls Club Hall of Fame, the Boys and Girls Club of America Hall of Fame, and is featured in Denzel Washington’s book about the Boys and Girls Club “A Hand to Guide Me”.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of Sand City hereby acknowledges and honors William L. (Bill) Perocchi for this award in recognition of his commitment, outstanding example, and constant support of the community.
PASSED AND ADOPTED by the City Council of the City of Sand City on this 5th, day of April, 2022, by the following vote:
AYES: Council Members
NOES:
ABSENT:
ABSTAIN:
APPROVED:
____________________________
ATTEST: Mary Ann Carbone, Mayor
________________________
Connie Horca, City Clerk
29 CITY OF SAND CITY
RESOLUTION SC 22- , 2022
RESOLUTION OF THE CITY COUNCIL OF SAND CITY HONORING Dr. DENEEN GUSS AS THE MONTEREY PENINSULA CHAMBER OF COMMERCE 2021 RUTH VREELAND
MEMORIAL PUBLIC OFFICIAL OF THE YEAR AWARD RECIPIENT
WHEREAS, the Monterey Peninsula Chamber of Commerce presents awards to various community leaders who have made substantial contributions to the Monterey Peninsula community and the Chamber of Commerce; and
WHEREAS, the 2021 Ruth Vreeland Memorial Public Official of the Year Award is presented to the Dr. Deneen Guss who embodies inspirational dedication to the community and to the Monterey Peninsula; and
WHEREAS, for over 25 years, Dr. Deneen Guss has been a Monterey County administrator serving as an assistant principal, principal, director of curriculum and instruction, associate superintendent of educational services, district superintendent, the Deputy Superintendent of the Monterey County Office of Education for 6 years prior to becoming County Superintendent, and has received numerous awards for her service in education and to the community; and WHEREAS, in 2019, Dr. Deneen Guss was sworn in as the Monterey County Superintendent of Schools, is continually supporting Monterey County’s 24 local school districts that serves over 75,000 students, is a 35 year veteran educator holding a doctorate degree in Educational Leadership, has served as a teacher for 10 years, as well as a college professor, mentor teacher for new teachers, a master teacher for teacher candidates completing their student teaching experience, and continues to be a strong advocate for the teaching profession; and
WHEREAS, demonstrating the embodiment and example of a public servant, Dr. Deneen Guss is a member and current Past Chair of the Monterey County Children’s Council, a member of the Hartnell College Bond Oversight Committee, the Bob Hoover Academy, Girl’s Inc. of the Central Coast, and was recently appointed to serve on the Fiscal Crisis & Management Assistance Team (FCMAT) Board beginning in January 2021.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of Sand City hereby acknowledges and honors Dr. Deneen Gus for this award in recognition of her faithful commitment to public service, dedication, and desire to improve educational results for the youth of Monterey County.
PASSED AND ADOPTED by the City Council of Sand City on this 5th, day of April 2022, by the following vote:
AYES: Council Members
NOES:
ABSENT:
ABSTAIN:
APPROVED:
______________________________
ATTEST: Mary Ann Carbone, Mayor
______________________
Connie Horca, City Clerk
30 CITY OF SAND CITY
RESOLUTION SC 22-___, 2022
RESOLUTION OF THE CITY COUNCIL OF SAND CITY HONORING ILEEN GROVES AS THE MONTEREY PENINSULA CHAMBER OF COMMERCE 2021 ROBERT C.
LITTLEFIELD FOR LIFETIME ACHIEVEMENT AWARD RECIPIENT
WHEREAS, the Monterey Peninsula Chamber of Commerce presents awards to various community leaders who have made substantial contributions to the Monterey Peninsula community and the Chamber of Commerce; and
WHEREAS, the 2021 Robert C. Littlefield for Lifetime Achievement Award is presented to Ileen Groves, a Chamber Member who has provided great support, time, and effort to the Monterey Peninsula Chamber of Commerce; and
WHEREAS, leading a diverse life filled with various careers, Ileen Groves has been an educator, paralegal, customer service supervisor, executive assistant, logistics/supply chain/kaizen expert, a business owner, and in 2011 left her logistics role with Owens Corning, Fortune 500 company, to relocate to California to open Bookkeeping Central; and WHEREAS, as a community activist, Ileen Groves has held board positions with various organizations to include the Monterey Peninsula Chamber of Commerce, the Professional Women’s Network of Monterey, Meals on Wheels of the Salinas Valley, chaired the Ambassador Committee, and worked on Special Events while serving on the MPCC Board; and WHEREAS, a graduate of both Leadership Monterey Peninsula and Leadership Salinas Valley, Ileen Groves is also the recipient of the United Way Community Service Award for her work with Pueblo del Mar Family Recovery Community; and
WHEREAS, demonstrating a love for theater and music, Illeen Groves performed with young artist at Ariel Theatrical in Salinas, serves on the choir at Our Lady of Solitude Church in Soledad, is a mother of a blended family of 8 children, 15 grandchildren and 3 rescue kittens as well as a supportive and loving wife to her husband Barry.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of Sand City hereby acknowledges and honors Illeen Groves for this award in recognition of her contribution and service to the community and to the Monterey Peninsula Chamber of Commerce.
PASSED AND ADOPTED by the City Council of Sand City on this 5th, day of April 2022, by the following vote:
AYES: Council Members Blackwelder
NOES:
ABSENT:
ABSTAIN:
APPROVED:
__________________________
Mary Ann Carbone, Mayor
ATTEST:
__________________________
Connie Horca, City Clerk 31
CITY OF SAND CITY
RESOLUTION SC 22 , 2022
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAND CITY
HONORING AMY GIBSON
MONTEREY PENINSULA CHAMBER OF COMMERCE’S
2020 VOLUNTEER OF THE YEAR AWARD RECIPIENT
WHEREAS, the Monterey Peninsula Chamber of Commerce presents awards to various community leaders who have made substantial contributions to the Chamber and the Monterey Peninsula community; and
WHEREAS, the Monterey Peninsula Chamber Volunteer of the Year Award is presented to Amy Gibson, as an individual that embodies community dedication that inspires others; and WHEREAS, in 1984, Amy Gibson relocated to California from her home state of Indiana three days after her marriage to the love of her life, Scott; and WHEREAS, after her arrival on the Central Coast, Amy Gibson began her career in the hospitality industry at the Portola Hotel & Spa in downtown Monterey, and throughout her tenure with the hotel has worked in various departments to include the Restaurant, Catering Services, Reservations, and Sales and Conference Services; and WHEREAS, Amy Gibson is an active member of the Portola Hotel’s Sustainability Committee, is a Certified Pandemic Compliance Advisor, and Certified Meeting Professional; and WHEREAS, for over ten years, Amy Gibson has served as a Volunteer and Board Member of the Monterey Peninsula Chamber of Commerce, as well as a Board Member for the Salinas Valley Chamber of Commerce for two years.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of Sand City acknowledges and honors Amy Gibson for this award in recognition of her time, loyalty, and voluntary service as a valuable member of the Chamber, and to the Central Coast community.
PASSED AND ADOPTED by the City Council of the City of Sand City on this 5th, day of April, 2022, by the following vote:
AYES: Council Members
NOES:
ABSENT:
ABSTAIN:
APPROVED:
___________________________
ATTEST: Mary Ann Carbone, Mayor
_________________________
Connie Horca, City Clerk
32 CITY OF SAND CITY
RESOLUTION SC 22- , 2022
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAND CITY
HONORING ELIZABETH WILLIAMS MONTEREY PENINSULA CHAMBER OF COMMERCE’S 2021 VOLUNTEER OF THE YEAR AWARD RECIPIENT
WHEREAS, the Monterey Peninsula Chamber of Commerce presents awards to various community leaders who have made substantial contributions to the Chamber and the Monterey Peninsula community; and
WHEREAS, the Monterey Peninsula Chamber Volunteer of the Year Award is presented to Elizabeth Williams as an individual that embodies community dedication that inspires others; and WHEREAS, a native Californian, born and raised in the Bay Area, Elizabeth Williams attended grades K-12 in Mountain View, received her undergraduate degree and teaching credential from San Jose State University, and her MBA in Marketing from Golden Gate University; and, WHEREAS, prior to a career in serving as a purchasing and marketing manager in the electronics field, Elizabeth was a middle school teacher, and in 1986, Elizabeth married Norman Williams, relocated and lived in Austin, Texas while planning for a future, and thereafter purchased and moved back to California to reside in Carmel; and
WHEREAS, in 2010, Elizabeth Williams transferred from Keller Williams Realty in Fremont, California to work at the Carmel office, has been involved with several organizations as a past member of the KW Leadership Council, member of the governing board of the Monterey Peninsula Women’s Council of Realtors as its secretary and membership director, served as an Ambassador at the Monterey Peninsula Chamber of Commerce, and in 2011received the Carmel Unified School District’s Volunteer of the Year award; and
WHEREAS, involved with an ongoing project of collecting school supplies and backpacks, Elizabeth Williams looks forward to the possibility of distributing her collection to CASA kids at their annual picnic.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of Sand City acknowledges and honors Elizabeth Williams for this award in recognition of her time, loyalty, and voluntary service as a valuable member of the Chamber and to the community.
PASSED AND ADOPTED by the City Council of the City of Sand City on this 5th, day of April 2022, by the following vote:
AYES: Council Members
NOES:
ABSENT:
ABSTAIN:
APPROVED:
___________________________
ATTEST: Mary Ann Carbone, Mayor
_________________________
Connie Horca, City Clerk
33 CITY OF SAND CITY
RESOLUTION SC 22-__, 2022
RESOLUTION OF THE CITY OF SAND CITY HONORING FORMER MAYOR JOE GUNTER AS THE MONTEREY PENINSULA CHAMBER OF COMMERCE’S 2021 SPECIAL LIFETIME
RECOGNITION OF PUBLIC SERVICE AWARD RECIPIENT
WHEREAS, the Monterey Peninsula Chamber of Commerce presents awards to various community leaders who have made substantial contributions to the Monterey Peninsula community and the Chamber of Commerce; and
WHEREAS, the 2021 Special Lifetime Recognition of Public Service Award is presented to the Joe Gunter who embodies inspirational dedication and commitment to the community and to the Monterey Peninsula; and
WHEREAS, born on April 18, 1947 in Odenton, Maryland, Joe Gunter traveled throughout the country from military base to military base with his family, whose father served with the United States Army before they landed in Fort Ord, California; and
WHEREAS, following the example of his father, Joe Gunter served in the military branch of the United States Marine Corps from 1965 to 1969, and upon his return home to the Central Coast joined the Salinas Police Department as a patrol officer for six years, as a detective for twenty-six years prior to his election as the Mayor of Salinas in 2012 in which he served for eight years; and WHEREAS, guided by a strong sense of duty and commitment to the public during his tenure as Mayor, Joe Gunter’s leadership skills resulted in the spearheading of several projects in the City of Salinas that included development of the new Salinas Police Department and Youth Alisal Sports Fields, construction of housing for homeless and low-in-come residents, played a critical role in the advancement of the California Central Coast Veteran’s Cemetery at Fort Ord, and leads the Veterans Day Parade; and
WHEREAS, in demonstration of his service to the community, Joe Gunter served as President and volunteer at the Salinas Women’s Crisis Center, President and coach of the Bobby Sox Softball League, and Director of Security for the Salinas Rodeo and California International Airshow.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of Sand City hereby acknowledges and honors Joe Gunter for this award in recognition of his outstanding example, commitment and service to our country, and to the community.
PASSED AND ADOPTED by the City Council of the City of Sand City on this 5th, day of April, 2022, by the following vote:
AYES: Council Members
NOES:
ABSENT:
ABSTAIN:
APPROVED:
____________________________
ATTEST: Mary Ann Carbone, Mayor
________________________
Connie Horca, City Clerk
34 35
AGENDA ITEM
7E.
Approval of City Donation/Contribution 1)
Seaside/Sand City Chamber of Commerce -
$500 2) Monterey County Film
Commission - $500
36 37
38 39
40 41
42 AGENDA ITEM
7F.
Acceptance of City/Successor Agency
Monthly Financial Report, February 2022
43 44
45 46
47 48
49 50
51 52
53 54
55 56
57 58
59 60
61 62
63 64
65 66
67 68
69 70
71 72
73 74
75 76
77 78
79 80
81 82
83 84
85 86
87 88
89 90
AGENDA ITEM
9A.
Presentation by Amy Sheehan regarding
831 Night Market and Potential Future
Events at the Art Park (10 Minutes)
91 AGENDA ITEM
10A.
Consideration of City RESOLUTION
Appointing Vibeke Norgaard as City
Manager and Authorizing the Mayor to
Enter into Employment Agreement
92 City of Sand City
______________________________________________________________________________ TO: Honorable Mayor and City Council Members
FROM: Adam U. Lindgren, Special Counsel
DATE: March 30, 2022 (Meeting April 5, 2022)
SUBJECT: Adoption of a Resolution of the City Appointing Vibeke Norgaard as City Manager, Amending the City Manager Salary Schedule, and Authorizing the Mayor to Execute the Employment Agreement on Behalf of the City _____________________________________________________________________________ DISCUSSION:
Aaron Blair resigned as City Manager in November 2021. Since then, Vibeke Norgaard has served as Acting City Manager, while continuing to perform her duties as City Attorney.
The City Council hired a leading recruitment firm, Avery & Associates to recruit for a new City Manager. Avery & Associates conducted a state-wide recruitment. The City Council interviewed the most competitive candidates for the position and, following interviews, offered Vibeke Norgaard the position of City Manager. Paul Kimura of Avery & Associates met with a Council Subcommittee composed of Mayor Carbone and Council Member Cruz who directed him to work with Special Counsel to draft the proposed terms of the attached draft agreement with Ms. Norgaard. Ms. Norgaard has accepted the position subject to approval of an employment agreement and salary schedule.
If approved, Ms. Norgaard would become the City Manager, effective at midnight on April 6, 2022.
Ms. Norgaard’s employment as City Manager would be for a term of three years, subject to possible extension by the parties. As City Manager, Ms. Norgaard’s employment would be at will. The agreement would pay Ms. Norgaard a salary of $199,500, which is the same she currently receives for her services to the City plus a 3.7% cost of living increase (her first since 2020). As an exempt employee under the Agreement, Ms. Norgaard would not receive any overtime compensation. Ms. Norgaard would be entitled to increases in compensation in the sole discretion of the City Council based upon merit as determined based upon annual performance evaluations. The City Council would need to approve any future adjustments to compensation or benefits in open session consistent with the Brown Act.
Under the Agreement, Ms. Norgaard would generally be entitled to receive the same benefits that are received by all Department Heads. This includes health, dental, and life insurance, a $100 per month deferred compensation match, and a pension with the California Public Employee Agenda
Item
10A
93 Retirement System at “2%@62.” In addition to standard benefits, she would receive a car allowance, as previously paid to Mr. Blair, of $300 per month. Consistent with her current City Attorney contract, Ms. Norgaard would also receive vacation at the same rate as employees entering their sixth year of service (120 hours per year), and increasing to 144 hours per year in six months.
The Agreement also identifies the mutual benefits of Norgaard participating in professional activities and conferences relating to city managers, including Cal Cities and ICMA.
The Agreement can be terminated (i) by voluntary resignation of Ms. Norgaard upon 30 days’ notice, (ii) by the City for any reason which would require the City to pay six months’ severance to Ms. Norgaard, but only after signing a release of all claims against the City, and (iii) for cause as set forth in the Agreement.
If the Agreement is approved, Ms. Norgaard will immediately resign as City Attorney and Special Council would serve as Acting City Attorney during a recruitment for that position.
CEQA:
The proposed contract amendment is not a “project” within the meaning of Section 15378 of the CEQA Guidelines because there is no potential for it to result in a physical change in the environment, either directly or indirectly.
FISCAL IMPACT:
If Council approves this agreement, the fiscal impact will be an annual increase of approximately $13,840 to the City Manager’s salary and retirement costs. The exact fiscal impact cannot be determined at this time because it is possible that the City Attorney hired to replace Ms.
Norgaard could have compensation lower or higher than her current compensation.
This action would require and includes an amendment to the City Manager salary schedule.
RECOMMENDATION:
Special Counsel and the recruiter offer for consideration and adoption the Resolution Appointing Vibeke Norgaard as City Manager effective midnight April 6, 2022, amending the City Manager salary schedule, and authorizing the Mayor to execute the Agreement on behalf of the City. 94 CITY OF SAND CITY
RESOLUTION SC ____, 2022
RESOLUTION OF THE CITY COUNCIL OF SAND CITY APPOINTING VIBEKE
NORGAARD AS CITY MANAGER AND AUTHORIZING THE MAYOR TO ENTER INTO
EMPLOYMENT AGREEMENT
WHEREAS, the Sand City Municipal Code authorizes the City Council to directly appoint its City Manager under SCMC 2.50.010; and
WHEREAS, the City of Sand City engaged Paul Kimura of Avery & Associates to recruit a new City Manager and engaged in a rigorous recruitment process; and WHEREAS, the City Council of Sand City interviewed qualified candidates and discussed and considered the appointment of Vibeke Norgaard in several closed sessions; and WHEREAS, the terms of the attached contract were considered and recommended by the Ad Hoc City Council City Manager Committee, 2022; and
WHEREAS, Vibeke Norgaard is highly qualified for the position of City Manager, having served with distinction as acting City Manager and City Attorney, and having acquired broad experience in the drafting and administration of policies, procedures, budget operations, land use issues, personnel management and economic development matters; and
WHEREAS, Vibeke Norgaard has agreed to the terms of the attached “City Manager Employment Agreement.”
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sand City that: the attached “City Manager Employment Agreement” is hereby approved, that Vibeke Norgaard is appointed as City Manager, that the amended City Manager salary schedule is approved, and that the Mayor is hereby authorized and directed to execute the Employment Agreement on behalf of the City of Sand City.
PASSED AND ADOPTED by the City Council of Sand City on this __ day of ________, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Council Members
ATTEST:
Connie Horca, City Clerk
APPROVED:
Mary Ann Carbone, Mayor
95 2
CITY MANAGER EMPLOYMENT AGREEMENT
This City Manager Employment Agreement (“Agreement”) is made the date last written below by and between the City of Sand City, a municipal corporation (“City”) and Vibeke Norgaard (“Norgaard”).
RECITAL
A. The City desires to employ Norgaard as its City Manager subject to the terms and conditions of this Agreement and Norgaard desires to accept such appointment subject to the terms and conditions of this Agreement.
AGREEMENT
1. Appointment of City Manager. The City Council of Sand City hereby appoints Norgaard as the City Manager of the City.
2. Acceptance of Appointment. Norgaard hereby accepts her appointment asthe City Manager of the City. Norgaard is an “at-will” employee who shall serve at the pleasure of the City Council.
3. Effective Date of Appointment. The foregoing appointment of Norgaard as the City Manager of Sand City shall become effective at midnight, April 6, 2022 (the “Date of Appointment”).
4. Duties.
(a) From and after the Date of Appointment until the end of her term of employment as provided in paragraph 5 of this Agreement, Norgaard shall perform the functions and duties specified by State law, the Sand City Charter, Chapter 2.50 of the Sand City Municipal Code, Chapter 2.60 of the Sand City Municipal Code and resolutions implementing Chapter 2.60, ordinances of the City and resolutions of the City Council as they presently exist and as they may hereafter be amended from time to time, and perform other proper duties and functions including but not limited to professional financial management and personnel administration, consistent with the office of City Manager in the manner allowed by law. Norgaard shall also facilitate the effective operation of the Advisory Committees established pursuant to Council Resolution No. SC 98-68. (b) Norgaard shall also serve as the Executive Director of the Successor Agency to the former Sand City Redevelopment Agency as directed by the Successor Agency to the Sand City Redevelopment Agency.
(c) Norgaard shall represent the City on boards and committees of local and regional agencies as necessary to represent Sand City’s interests. (d) During the term of this Agreement, Norgaard shall not hold secondary employment, including as a paid consultant, and shall be employed exclusively by the City. Norgaard agrees to devote her full productive time, ability and attention to the City’s business during the term of this Agreement. As an exempt employee, Norgaard shall not receive overtime or extra compensation for work performed outside of normal business hours.
5. Standard of Performance. Norgaard shall perform her duties to the best of her ability in accordance with the highest professional and ethical standards of the profession. Norgaard shall not engage in any activity which is, or may become, a prohibited conflict of interest as defined by State law 96 3
or City ordinance, or which is likely to create an incompatibility of office. Prior to performing any services under this Agreement and thereafter in the manner required by law, Norgaard shall complete and file all disclosure statements required under State and local law.
6. Term of Employment. Norgaard’s term of employment with the City under this Agreement shall begin on the Date of Appointment and continue until the earlier of:
(a) April 5, 2025;
(b) upon Norgaard’s resignation as provided in section 9; (c) upon termination of Norgaard’s employment as provided in section 7; (d) the death or incapacity of Norgaard.
7. Termination and Severance. The parties hereby acknowledge and represent that Norgaard is an “at will” employee who shall serve at the pleasure of the City Council whose employment may be terminated by the City at any time with or without any prior notice and without statement of any cause.
(a) In the event City discharges Norgaard without cause more than six (6) months prior to the date set forth in paragraph 6(a), Norgaard shall be entitled to receive compensation, consisting of a lumpsum payment of six months of base salary, and the cash equivalent of medical, dental and vision benefits for six (6) months after the date Norgaard’s employment is terminated, in the six month period prior to the date set forth in paragraph 6(a) said sum shall be reduced consistent with the restrictions in Government code section 53260. In the event City discharges Norgaard without cause within six (6) months of the date set forth in paragraph 6(a), Norgaard shall be entitled to receive compensation consisting of a lumpsum payment equal to one month’s base salary for each month from the date of such termination through the date set forth in paragraph 6(a). In accordance with Government Code section 53261, a cash severance payment shall not include any other non-cash item except health benefits payable to or on behalf of Norgaard. This paragraph shall be construed in accordance with Government Code section 53260 which explicitly limits contractual severance cash settlements payable by a local agency employer.
Pursuant to Government Code section 53243.2, any cash settlement related to the termination of this Agreement received by Norgaard from the City shall be fully reimbursed to the City if Norgaard is convicted of a crime involving an abuse of her office or position while employed by the City. (b) The severance payment described in paragraph 7(a) will release the City from any further obligations under this Agreement, and any claims of any nature that Norgaard might have against the City by virtue of her employment or termination thereof. Contemporaneously with the delivery of the severance payment and in consideration therefore, Norgaard agrees to execute and deliver to the City a release, to include a Civil Code section 1542 waiver, releasing the City of all claims that Norgaard may have against the City.
(c) Norgaard shall not be entitled to severance pay in the following events:
(i) Discharge for cause;
• Termination “for cause” shall be subject to the notice and hearing requirements of Sand City Municipal Code 2.50.100 and may be for the following:
Theft of City property;
97 4
Insubordination;
Conviction of a felony or misdemeanor relating to Norgaard’s fitness to perform assigned duties;
As found by an independent investigator hired by the City: improper use of City funds, unauthorized use of City property, or willful misconduct or malfeasance;
An act of moral turpitude;
Other major failure of good behavior, either during or outside of employment,such that Norgaard’s conduct causes discredit to the City; Death or permanent disability of Norgaard, or Norgaard becoming otherwise unable to perform the duties of City Manager, by reason of sickness, accident, illness, injury, mental incapacity or health for a period of six (6) weeks following the exhaustion of all available leave balances and any applicable Family Medical Leave Act or California Medical Leave Act leaves, or where the same occurs for forty (40) working days over a sixty (60) working day period following exhaustion of such leaves;
As authorized by Sand City Municipal Code 2.50.100, Termination of the City Manager during the period one-hundred eighty (180) days following the date of any general municipal election at which a nonincumbent of the City Council is elected or the appointment of a member of the City Council.
(ii) City elects not to renew this Agreement;
(iii) Norgaard dies or becomes disabled to the extent that she cannot perform the full range of the essential functions of her position as determined by her treating physician;
(iv) Norgaard resigns from her position as City Manager. (d) In the event the City terminates Norgaard without cause, the City and Norgaard agree that neither party shall make any written or oral statements to members of the public or the press concerning Norgaard’s termination except in the form of a joint press release which is mutually agreeable to both parties. The joint press release shall not contain any text or information that would be disparaging to either party. The parties further agree that, if they are unable to mutually agree on the contents of a joint press release within seventy-two (72) hours after notice of termination, the City may state solely that Norgaard is no longer employed by the City.
8. Resignation. Norgaard may resign at any time upon providing City with notice at least thirty (30) days in advance of the effective date of such resignation.
9. Base Salary and Salary Adjustment.The City shall pay Norgaard a base annual salary of ONE HUNDRED NINETY -NINE THOUSAND FIVE HUNDRED DOLLARS ($199,500.00), less all applicable federal, state and local withholding. Such compensation shall be paid to Norgaard on a monthly basis. Norgaard’s base salary will be reviewed by the City Council and may be increased at the time of her annual performance evaluation on or about April 2023. 98 5
10. Benefits.
(a) Norgaard shall, at her expense, provide an automobile for use in carrying out her duties as City Manager. City shall pay for the actual cost of other modes of transportation used by Norgaard for travel on City business. City shall pay Norgaard a car allowance of $300 per month. (b) Norgaard shall participate in the 2%@62 California Public Employee Retirement System Plan, according to the PEPRA conditions and guidelines. (c) Norgaard shall receive the same health, dental and optical insurance coverage and benefits provided to other employees of the City.
(d) Norgaard shall receive one hundred (100) hours of “use it or lose it” administrative leave each calendar year. As set forth in the personnel manual, this leave may not be accumulated from year to year and if not used by Norgaard’s anniversary date is to be paid to her as salary at her normal hourly rate.
(e) Norgaard shall earn vacation leave each month in the same manner as other employees of the City and shall be subject to the City’s ordinances, rules and policies pertaining to all management employees with regard to accrual, use and conversion (to cash) of vacation time, with the exceptions that (i) Norgaard shall accrue vacation at 120 hours per year and accrue at the same rate as employees who are entering their sixth (6th) year of service, and (ii) Norgaard’s accrual rate shall increase to 144 hours per year on October 1, 2022.
(f) Norgaard shall accrue sick leave in the same manner as other employees of the City and shall be subject to the City’s ordinances, rules and policies pertaining to all employees with regard to accrual, use and conversion (to cash) of sick leave.
(g) A cell phone or if Norgaard chooses, a monthly cell phone allowance in the amount of the City’s cost to provide Norgaard with a cell phone shall be provided by the City to the City Manager for Sand City related communications.
11. Expenses. City shall pay for or reimburse Norgaard for ordinary and necessary expenses incurred by or on behalf of Norgaard in the course of performance of her duties under this Agreement in accordance with City policies.
12. Performance Evaluation. The City Council shall review and evaluate the performance of Norgaard within approximately one (1) year following the Date of Appointment and at least annually thereafter. Such performance review shall be initiated by Norgaard. The City Council, in consultation with Norgaard, shall define such goals and performance objectives that they determine to be necessary for the proper operation of the City.
13. Indemnification. The City shall defend, hold harmless and indemnify Norgaard against any tort, civil rights, personnel, discrimination, professional liability claim or demand or other legal action, whether groundless or otherwise arising out of an alleged act of omission occurring in the performance of Norgaard’s duties in accordance with the provisions of California Government Code section 825. The City shall provide a defense in accordance with Government Code section 995. The City may decline to defend and/or indemnify Norgaard only as permitted by the California Government Code. The City may compromise and settle any such claim or suit and pay the amount of any 99 6
settlement or judgment therefrom. In the event the City provides funds for legal criminal defense pursuant to this Section, Norgaard shall reimburse City for such legal criminal defense funds if Norgaard is convicted of a crime involving an abuse of office or position, as provided by California Government Code sections 53243-53243.4.
14. Notices. Notices pursuant to this Agreement shall be in writing given by deposit in the custody of the United States Postal Service, first class postage prepaid, addressed as follows:
a. The City:
Mayor and City Council City of Sand City
1 Pendergrass Way
Sand City, CA 93955
b. Norgaard :
Vibeke
Norgaard
City Manager
(Home address on record with Human Resources)
Alternatively, notices required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial process. Notice shall be deemed given as of the date of personal service or as of the date of deposit of such written notice, postage prepaid, with the United States Postal Service.
15. Bond. The City shall bear the full cost of any fidelity or other bond required for the City Manager under this Agreement or any law or ordinance.
16. Professional Memberships. Meetings, Seminars. City and Norgaard will mutually benefit from Norgaard’s participation in certain professional activities relating to City Managers and managers, including the ICMA conferences and Cal Cities. Subject to budgetary constraints, Norgaard may enroll, attend, and participate in conferences, courses, seminars, committee work, or other activities of organizations that will benefit the City.
17. Miscellaneous Provisions.
(a) Entire Agreement. This Agreement constitutes the entire Agreement between the parties. This Agreement may only be amended in a writing signed by Norgaard and the City. (b) Severance. If any provision, or any portion thereof, contained in this Agreement is held unconstitutional, invalid or unenforceable, the remainder of this Agreement, or portion thereof, shall be deemed severable, shall not be affected and shall remain in full force and effect. (c) Jurisdiction and Venue. This Agreement and the subject matter hereof shall be governed by the laws of the State of California. Any action concerning this Agreement or the subject matter hereof shall be brought and maintained in the Superior Court of California in and for the County of Monterey.
(d) Interpretation. The parties agree that any ambiguity in this Agreement shall not be construed or interpreted against, or in favor of, either party. This Agreement shall be interpreted as though it was prepared by both the City and Norgaard.
100
7 Dated: _______________________ _______________________________ Vibeke Norgaard
Dated: _______________________ City of Sand City:
By: ____________________________
Mary Ann Carbone, Mayor
Attest: Approved as to Form:
______________________________ ________________________________ Connie Horca, City Clerk Adam U. Lindgren, Special Counsel 101
Pay Period Step 1 Step 2 Step 3 Step 4 Step 5 Maxium
Step 6 1 2
36 Maintenance Worker II Hourly 24.4796 25.7036 26.9888 28.3382 29.7551 31.2429 32.8050 34.4453 Monthly 4,247.34 4,459.71 4,682.69 4,916.83 5,162.67 5,420.80 5,691.84 5,976.43 Annual 50,967.90 53,516.30 56,192.11 59,001.72 61,951.80 65,049.39 68,301.86 71,716.95 39 Community Services Hourly 25.1125 26.3681 27.6865 29.0709 30.5244 32.0506 33.6532 35.3358 Coordinator Monthly 4,356.12 4,573.93 4,802.62 5,042.75 5,294.89 5,559.64 5,837.62 6,129.50 Annual 52,273.20 54,886.86 57,631.20 60,512.76 63,538.40 66,715.32 70,051.09 73,553.64 40 Maintenance Worker III Hourly 25.1638 26.4220 27.7431 29.1302 30.5868 32.1161 33.7219 35.4080 Monthly 4,361.41 4,579.48 4,808.45 5,048.88 5,301.32 5,566.39 5,844.71 6,136.94 Annual 52,336.89 54,953.73 57,701.42 60,586.49 63,615.82 66,796.61 70,136.44 73,643.26 46 Records Coordinator Hourly 29.8739 31.3676 32.9360 34.5828 36.3119 38.1275 40.0339 42.0356 Monthly 5,178.04 5,436.94 5,708.79 5,994.23 6,293.94 6,608.64 6,939.07 7,286.02 Annual 62,136.41 65,243.23 68,505.39 71,930.66 75,527.19 79,303.55 83,268.73 87,432.17 48 Deputy City Clerk Hourly 32.9128 34.5584 36.2864 38.1007 40.0057 42.0060 44.1063 46.3116 Monthly 5,712.19 5,997.80 6,297.69 6,612.57 6,943.20 7,290.36 7,654.88 8,037.62 Annual 68,546.17 71,973.48 75,572.15 79,350.76 83,318.30 87,484.21 91,858.42 96,451.34 50 Public Works Supervisor Hourly 35.2386 37.0005 38.8506 40.7931 42.8327 44.9744 47.2231 49.5842 Monthly 6,115.68 6,421.46 6,742.54 7,079.66 7,433.65 7,805.33 8,195.60 8,605.38 Annual 73,388.05 77,057.45 80,910.33 84,955.84 89,203.63 93,663.82 98,347.01 103,264.36 51 Acting City Clerk Hourly 34.6034 36.3336 38.1502 40.0578 42.0606 44.1637 46.3719 48.6905 Temporary position Monthly 5,997.81 6,297.70 6,612.59 6,943.21 7,290.38 7,654.89 8,037.64 8,439.52 Annual 71,973.73 75,572.42 79,351.04 83,318.59 87,484.52 91,858.74 96,451.68 101,274.27 52 Finance/HR Specialist Hourly 39.0615 41.0146 43.0653 45.2186 47.4795 49.8535 52.3461 54.9635 Monthly 6,778.09 7,116.99 7,472.84 7,846.49 8,238.81 8,650.75 9,083.29 9,537.45 Annual 81,336.80 85,403.64 89,673.82 94,157.51 98,865.39 103,808.66 108,999.09 114,449.05 54 City Planner Hourly 38.1813 40.0904 42.0949 44.1996 46.4096 48.7301 51.1666 53.7249 Monthly 6,624.40 6,955.62 7,303.40 7,668.57 8,052.00 8,454.60 8,877.33 9,321.20 Annual 79,492.53 83,467.16 87,640.51 92,022.54 96,623.67 101,454.85 106,527.59 111,853.97 57 City Clerk Hourly 41.1093 43.1648 45.3230 47.5892 49.9686 52.4670 55.0904 57.8449 Monthly 7,125.48 7,481.75 7,855.84 8,248.63 8,661.07 9,094.12 9,548.82 10,026.27 Annual 85,505.35 89,780.62 94,269.65 98,983.13 103,932.29 109,128.90 114,585.35 120,314.61 71 Dir. Of Admin. Services Hourly 64.1240 67.3302 70.6967 74.2315 77.9431 81.8403 85.9323 90.2289 Dir of Community Dev Monthly 11,096.65 11,651.48 12,234.06 12,845.76 13,488.05 14,162.45 14,870.57 15,614.10 Annual 133,159.08 139,817.03 146,807.89 154,148.28 161,855.69 169,948.48 178,445.90 187,368.20 72 Dir. Of Community Dev./ Hourly 65.7230 69.0092 72.4596 76.0826 79.8867 83.8811 88.0751 92.4789 Assistant City Manager Monthly 11,374.07 11,942.77 12,539.91 13,166.91 13,825.25 14,516.52 15,242.34 16,004.46 Annual 136,488.06 143,312.46 150,478.09 158,001.99 165,902.09 174,197.19 182,907.05 192,052.41 Pay Period Rate
Monthly 16,625.00
Annual 199,500.00
City Attorney Monthly 16,032.89
Annual 192,394.65
2021-2022 Miscellaneous Employees
Range Placement Table
2.5% Between Ranges; 5% Between Steps
Longevity *
*Employees who have worked for the City for at least 7 years shall receive a 5% longevity increase. Employees who have worked for the City for at least 10 years shall receive an addition 5% longevity increase.
Amended: Resolution SC - 29, 1991; 94-08, 1994; 97-66, 1997; 99-51, 1999; 01-61, 2001; 02-53, 2002; 05-49, 2005; 07-99, 2007; 10-75, 2010; 15-46, 2015; 18-87, 2018; 18-92, 2018; 20-86, 2020; 21-46, 2021; 22-13, 2022; SC- effective April 6, 2022 City Manager
Exempt Employees
Recommended Title
Range #
4/1/2022
102
AGENDA ITEM
10B.
Consideration of City RESOLUTION
Amending Resolution SC 22-05 to Increase
the amount of Contract with Meyers nave
to $112,495 and Appointing Adam U.
Lindgren as Interim City Attorney
103
City of Sand City
______________________________________________________________________________ TO: Honorable Mayor and City Council Members
FROM: Vibeke Norgaard, Acting City Manager
DATE: March 30, 2022 (Meeting April 5, 2022)
SUBJECT: Adoption of a Resolution Appointing Current City Special Counsel Adam U.
Lindgren of Meyers Nave as Interim City Attorney and increasing contract amount to $112,495.00
______________________________________________________________________________ DISCUSSION:
Aaron Blair resigned as City Manager in November of 2021. Since then, Vibeke Norgaard has served as Acting City Manager, while continuing to perform her duties as City Attorney.
On the April 5 agenda, the City Council will be presented with a Resolution, Employment Agreement, and related action to appoint Ms. Norgaard as City Manager. Consistent with state law regarding incompatible offices, Ms. Norgaard would resign from her post as City Attorney immediately before accepting the position of City Manager. To continue to timely implement the City Council’s direction and priorities, it is recommended that the City Council should appoint an Interim City Attorney while it determines how to staff the vacated City Attorney position.
Adam Lindgren and his colleagues at Meyers Nave have capably served the City for many years on a variety of sensitive and on-going projects, including the South of Tioga project. The Acting City Manager has relied on their services in the past few months as she has performed both jobs, and now recommends that the City Council temporarily expand their services to include serving as Interim City Attorney.
CEQA:
The proposed action is not a “project” within the meaning of Section 15378 of the CEQA Guidelines because there is no potential for it to result in a physical change in the environment, either directly or indirectly.
FISCAL IMPACT:
This amendment will increase the contract with Meyers Nave to $112,495, by adding an additional $75,000 of available funds. The prior resolution limited the Meyers Nave contract to an amount not to exceed $37,495, (Resolution SC 22-05, 2022). Meyers Nave will bill at the hourly rates attached to the contract. The amended contract amount is expected to be paid out of Agenda
Item
10B
104
the current budget for City Attorney’s Office. A transfer between line items in the budget may be required, but there is not expected to be any net fiscal impact to the City.
RECOMMENDATION:
Approve the Resolution Authorizing the City Manager to execute an amendment to the existing contract with Meyers Nave to increase the contract amount by $75,000 to $112,495 and appoint Adam U. Lindgren as Interim City Attorney.
105
CITY OF SAND CITY
RESOLUTION SC 22- , 2022
RESOLUTION OF THE CITY COUNCIL OF SAND CITY AMENDING RESOLUTION SC 22-05 TO INCREASE THE AMOUNT OF CONTRACT WITH MEYERS NAVE TO $112,495 AND APPOINTING ADAM U. LINDGREN AS INTERIM CITY ATTORNEY WHEREAS, the City Attorney took on numerous additional responsibilities as the Acting City Manager while searching for a new City Manager; and
WHEREAS, the City is considering appointing the current City Attorney as City Manager; and WHEREAS, the City has worked with Meyers Nave for the past several years and continues to benefit from their services on numerous active issues and projects; and WHEREAS, the Council previously approved a contract with Meyers Nave for an amount not to exceed $37,495 by resolution SC 22-05; and
WHEREAS, Adam Lindgren, the Meyers Nave Principal who has been their lead for Sand City, has over twenty years of experience as a city attorney to cities ranging from 10,000 to over 200,000 people, is immediately available to temporarily serve as Interim City Attorney; and WHEREAS, appointing Adam Lindgren as Interim City Attorney, subject to the appointment of Vibeke Norgaard as City Manager, would allow the City to provide uninterrupted legal services to the City Council, staff, residents and businesses of the City.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Sand City as follows;
1. The City Council hereby amends its Resolution SC 22-05, authorizing the City Manager to execute a contract with Meyers, Nave, Riback, Silver & Wilson, PLC (Meyers Nave) to increase the amount of the contract attached hereto as Exhibit A to a total contract amount not to exceed one hundred and twelve thousand, four hundred and ninety-five dollars ($112,495) and to name Adam U. Lindgren as Interim City Attorney until such time as the City Council appoints a permanent City Attorney.
2. Meyers Nave will maintain a current business license.
PASSED AND ADOPTED by the City Council of Sand City on this 5th day of April, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
ATTEST: ___________________________
Mary Ann Carbone, Mayor
_________________
Connie Horca, City Clerk
106
EXHIBIT A
107
108
109
110
111
112
113
114
115
AGENDA ITEM
10C.
Comments by Council Members on Items
of Interest to Sand City
116
AGENDA ITEM
11A.
Consideration of City RESOLUTION
Approving Coastal Development Permit
22-01 for the Monterey Art Council to
Host and Conduct Open Art Studio
Workspace at 600 Ortiz Avenue, Units 102
and 110
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
AGENDA ITEM
11B.
Consideration of City RESOLUTION
Approving Conditional Use Permit 651 for
Willow and Plum Authorizing a Floral
Arrangement Workshop at 1737 Hickory
Street
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152