Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 04.05.22 Regular Meeting
MINUTES
JOINT SAND CITY COUNCIL AND SUCCESSOR
AGENCY OF THE REDEVELOPMENT AGENCY
Regular Meeting - Tuesday, April 5, 2022
5:30 PM
As allowed per Assembly Bill (AB361), this meeting was conducted in person and by teleconference
The Mayor called the meeting to order at 5:30 p.m.
AGENDA ITEM 1, ROLL CALL
Present: Mayor Mary Ann Carbone
Council Member Blackwelder
Councilmember Cruz (virtual attendance)
Councilmember Hawthorne (virtual attendance)
Councilmember Sofer
Staff: Vibeke Norgaard, Acting City Manager
Connie Horca, City Clerk
Chuck Pooler, City Planner
Brian Ferrante, Chief of Police
Leon Gomez, City Engineer (virtual attendance)
AGENDA ITEM 2, INVOCATION
The invocation was led by Reverend Robert Hellam.
AGENDA ITEM 3, PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Blackwelder.
AGENDA ITEM 4, COMMUNICATIONS
5:31 P.M. Floor opened for Public Comment.
Sand City resident Bobbie Joe Harr commented that she conducted research and findings regarding short term rentals in the City. Mayor Carbone suggested she contact the City Manager.
Monterey Regional Airport Executive Director Michael La Pier announced the new chef at the airport restaurant, reported on the status of the airport’s services, upcoming flights, summer bookings and work with public officials to bring customers back. He provided his contact information as the request of the Mayor.
Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 04.05.22 Regular Meeting
Todd Sheller of Lyles Diversified Inc., reported on the progress of the South of Tioga Development’s street work, completion of Shake Avenue, plans to move forward with California Avenue, and final map recording.
5:38 P.M. Floor closed to Public Comment.
AGENDA ITEM 5, CLOSED SESSION
5:39 p.m.
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
6:10 p.m.
5B. Re-adjourn to Open Session to report any action taken at the conclusion of Closed Session
The Council received updates from the labor negotiator and provided direction.
AGENDA ITEM 6, ANNOUNCEMENT BY MAYOR, CITY ATTORNEY, & CITY STAFF Mayor Carbone announced that her Mayor’s report was distributed earlier via email, reported on the conference she attended that discussed a 3030 Plan and climate change.
Acting City Manager Norgaard reported that she distributed the City Managers report via email, provided an update on the current status of the sewer installation project and her communications with the Fire Department to address concerns regarding the ability for a Fire Truck to have access to the street while the project was under construction.
City Engineer Leon Gomez provided updates on the sewer project, MPE’s completion of the section by Holly and Hickory, reconnection of laterals, and that the sewer bypass will remail until final installation is complete. He reported on plans for next week’s work and estimates that completion of the sewer project to occur by the end of April.
Mr. Gomez addressed Council Member Blackwelder’s inquiry regarding the disturbance of concrete, and that it will be inspected and identified. The contractors are only contemplating replacing the areas that are disturbed; however, staff will approach the sanitation district to negotiate other repairs.
AGENDA ITEM 7, CONSENT CALENDAR
7A. There was no discussion of the Sand City Council Meeting Minutes for March 1, 2022 Special Meeting Minutes, March 10, 2022 Special Meeting Minutes, March 15, 2022 Special Meeting Minutes, and March 15, 2022 Regular Meeting Minutes.
Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 04.05.22 Regular Meeting
7B. There was no discussion of the City Resolution Recognizing the Week of April 24 through April 30, 2022 as National Crime Victims' Rights Week. 7C. There was no discussion of the City Resolution Authorizing the Extension of Remote Teleconference Meetings of the City Council and Boards, Commissions, and Committees for the period of April 19, 2022 through May 18, 2022, pursuant to AB 361 and Ralph M. Brown Act Provisions.
7D. There was no discussion of the City Resolutions Honoring the Monterey Peninsula Chamber Awards Recipients; William L (Bill) Perocchi as the Monterey Peninsula Chamber of Commerce's 2021 Citizen of the Year Award Recipient, Dr. Deneen Guss as the Monterey Peninsula Chamber of Commerce's 2021 Ruth Vreeland Memorial Public Official of the Year Award Recipient, Ileen Groves as the Monterey Peninsula Chamber of Commerce's 2021 Robert C. Littlefield for Lifetime Achievement Award Recipient, Amy Gibson as the Monterey Peninsula Chamber of Commerce's 2020 Volunteer of the Year Award Recipient, Elizabeth Williams as the Monterey Peninsula Chamber of Commerce's 2021 Volunteer of the Year Award Recipient, and Former Mayor Joe Gunter as the Monterey Peninsula Chamber of Commerce's 2021 Special Lifetime Recognition of Public Service Award Recipient.
7E. There was no discussion of the City Donations/Contributions to the Seaside/Sand City Chamber of Commerce for $500 and to the Monterey County Film Commission for $500.
7F. There was no discussion of the City/Successor Agency Monthly Financial Report, February, 2022.
6:17 p.m. The Mayor opened the floor for public comment, and seeing none, closed the floor for public comment.
Motion to approve the Consent Calendar was made by Council Member Blackwelder, seconded by Council Member Sofer. Roll call Vote AYES: Council Members Blackwelder, Carbone, Cruz, Hawthorne, Sofer. NOES: None. ABSENT:
None. ABSTAIN: None. Motion carried.
AGENDA ITEM 8, CONSIDERATION OF ITEMS PULLED FROM CONSENT CALENDAR There were no items pulled from the Consent Calendar.
AGENDA ITEM 9, PRESENTATION
9A. Presentation by Amy Sheehan regarding 831 Night Market and Potential Future Events at the Art Park (10 Minutes)
Amy Sheehan coordinator of the 831 Night Market introduced herself to the Council, and reported that she has been an event planner for Stanford University for several years. She presented her goals for the night market, reported on vendor participation and what they do, involvement of the Arts Council for Monterey, and is reaching out to see what works and what the community wants.
Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 04.05.22 Regular Meeting
Ms. Sheehan presented a short video clip of the 831 Night Market.
The Mayor thanked Ms. Sheehan for the video and expressed her enjoyment of the night market.
Council Member Sofer commented on the flow of the event and how the parking seems to accommodate people who attend.
Council Member Cruz added that the night market is something positive for the neighborhood.
Council Member Blackwelder suggested that the mural on the ground at the Art Park receive a good power wash cleaning, and possibly some kind of sealant to keep if from fading.
Acting City Manager Norgaard mentioned that she conducted a walk through of the Art Park with staff to evaluate its condition.
6:27 P.M. The Mayor opened the floor for public comment, and seeing none, closed the floor for public comment.
Ms. Sheehan added that she is open to suggestions for other events that could be hosted at the Art Park.
There was Council discussion regarding the improvements to the Carrol Building, that it is being used to house public works equipment, and that to use the building as an art space, a new building would need to be constructed at the public works yard to protect the equipment. Council Member Hawthorne suggested that measurements be taken to see what size building can be accommodated at the location.
AGENDA ITEM 10, NEW BUSINESS
10A. Consideration of City RESOLUTION Appointing Vibeke Norgaard as City Manager and Authorizing the Mayor to Enter into Employment Agreement Adam Lindgren from Meyers Nave presented the Staff report for the appointment of Vibeke Norgaard as City Manager, the statewide recruitment conducted by Avery & Associates, interviews with candidates for the position, meeting held by the subcommittee for the selection of Mrs. Norgaard, and direction to conduct negotiations with Mrs. Norgaard. He provided details regarding the City Manager Contract that included employee benefits provided to the City’s Department Heads, a 3.7% cost of living adjustment, participation in professional activities and conferences, and other terms of the agreement. The fiscal impact will be approximately $13,840 to the City Manager’s salary and retirement costs. The recruiter and Special Counsel recommends approval of the attached resolution and if approved, Mrs. Norgaard would become the City Manager effective midnight on April 6, 2022.
6:37 P.M. Floor opened for Public Comment.
Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 04.05.22 Regular Meeting
There were no comments from the Public in person, via writing or through telecommunications.
6:37 P.M. Floor closed to Public Comment.
Motion to approve the City Resolution appointing Vibeke Norgaard as City Manager and Authorizing the Mayor to Enter into Employment Agreement 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. 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
Acting City Manager Vibeke Norgaard presented the staff report and indicated that Mr. Lindgren has over 20 years of experience working with cities, and Mr. Lindgren and his colleagues at Meyers Nave have worked with Sand City staff on various issues and projects. The City already has a contract with Meyers Nave, and the proposed resolution would increase the amount for attorney services. Mr. Lindgren would serve as Interim City Attorney within the same budgetary amount while the Council determines how to fill the vacant City Attorney Position. Staff recommends approval of the resolution.
6:46 P.M. Floor opened for Public Comment.
There were no comments from the Public in person, via writing or through telecommunications.
6:46 P.M. Floor closed to Public Comment.
Motion to approve the 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 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.
The Mayor welcomed Mr. Lindgren.
10C. Comments by Council Members on Items of Interest to Sand City Council Member Sofer reported on her attendance at the Trashion Show that benefitted the Alliance on Aging Organization.
Mayor Carbone reported that she served as a panelist at an event she attend hosted by the Women’s Realtor group.
AGENDA ITEM 11, PUBLIC HEARINGS
Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 04.05.22 Regular Meeting
{Due to a possible conflict of interest by residing within 500 ‘ of the subject property, a name draw was conducted and Council Members Blackwelder and Sofer recused from the meeting} 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
City Planner Charles Pooler presented an application submitted by the Arts Council of Monterey to establish and operate independent artist work studios on the first floor of the Independent Building. He explained the proposed artist use of the location, and monthly meetings held by the Arts Council. Tenant improvements are currently under review by the Building Department, and are not part of the use permit application. The applicant’s proposed hours of operation would be 12:00 noon to 4:00 p.m. on weekends and 5:00 p.m. to 8:00 p.m. on the first Friday of each month.
Staff recommends the permit specify operational hours be allowed from 8: 00 a.m. to 8:00p.m., Monday through Friday, and 10:00 a.m. to 5:00 p.m. on weekends. No large truck deliveries or shipments are anticipated. The applicants use of the artist studios require 5 off street parking spaces based on a 1/700 parking ratio. Staff supports the Applicant’s Use and recommends approval of the coastal development permit.
Council Member Hawthorne suggested that the applicants’ hours of operation be extended to 10:00 p.m. for holding special events and for allowing artist more time to create and do their work.
City Planner Pooler indicated that an amendment to condition 3 could be made to expand the hours for reception time activities, gallery shows, etc. until 10 p.m. 7:02 P.M. Floor opened for Public Comment.
The applicant Jaquie Atchison, Executive Director of the Arts Council for Monterey provided a brief history of the Arts Council, employees and facility at Pacific Grove.
Sand City resident Bobbie Joe Harr commented on the time extension to 10:00 p.m., noise generated by people who gather at the courtyard and frequent Post No Bills, and suggested that the Council create a Quiet Ordinance. She also mentioned the lack of parking after 5:00 p.m. at the Independent, and concerns regarding late evening events and possible noise impacts.
Mr. Todd Sheller of Lyles Diversified addressed resident concerns regarding parking.
Mr. Pooler read the amendments to the permit to include the expansion of hours to 10:00 p.m. for gallery shows.
The Mayor asked the applicant if she was in agreement with the conditions of the use permit, the applicant responded that she was in agreement with permit conditions.
Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 04.05.22 Regular Meeting
7:12 P.M. Floor closed to Public Comment.
Motion to approve the City Resolution as amended, 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 was made by Council Member Hawthorne, seconded by Council Member Cruz. Roll call Vote AYES: Council Members Carbone, Cruz, Hawthorne. NOES: None. ABSENT:
None. ABSTAIN: Council Members Blackwelder, Sofer. Motion carried. 11B. Consideration of City RESOLUTION approving Conditional Use Permit 651 for Willow and Plum authorizing a Floral Arrangement Workshop at 1737 Hickory Street
City Planner Charles Pooler presented an application submitted by Patti Freestone of Willow and Plum to operate a floral design workshop at 1737 Hickory Street. The proposed use would specialize in floral arrangements for private, commercial, and wedding events. The applicant will store items pertinent for the production of floral arrangements at the location. There will be one delivery van stored off-site during non-business hours. Intended hours of operation are 9:00 a.m. to 6:00 p.m. with no specific days as it will be on an as needed basis to fulfil orders. Staff recommends allowing the hours of operation to commence at 7:00 a.m. and end at 6:00 p.m. on weekdays, and from 9:00 a.m. to 6:00 p.m. on weekends to allow more flexibility without any negative impacts. The applicants use does not anticipate any large truck deliveries, and is considered a low impact activity with no excessive or detrimental impacts. Staff recommends approval of the attached resolution.
There was discussion regarding the need to extend the hours of operation to 10:00 p.m. The applicant, informed the Council that the work is typically a 9:00 a.m. to 5:00 p.m. operation and would not require an extension to time to 10:00 p.m., and that Saturdays are primarily the delivery days.
7:23 p.m. Floor opened for Public Comment.
The applicant Ms. Freestone commented that she is excited to be a part of Sand City and would love to take part in the upcoming West End Celebration. The Mayor inquired whether the applicant was in agreement with the conditions of the use permit. The applicant responded that she was in agreement with permit conditions. 7:24 p.m. Floor closed for Public Comment.
Motion to approve the City Resolution approving Conditional Use Permit 651 for Willow and Plum Authorizing a Floral Arrangement Workshop at 1737 Hickory Street was made by Council Member Hawthorne, seconded by Council Member Cruz. Roll call Vote AYES: Council Members Carbone, Cruz, Hawthorne. NOES:
None. ABSENT: None. ABSTAIN: Council Members Hawthorne, Sofer. Motion carried.
AGENDA ITEM 12, ADJOURNMENT
Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 04.05.22 Regular Meeting
There was consensus of the Council to adjourn the meeting at 7:28 p.m. to the next regularly scheduled Council meeting on Tuesday, April 19, 2022 at 5:30 p.m. _______________________________
Connie Horca, City Clerk