Agenda packet — Sand City City Council, April 19, 2022

REGULAR MEETING

JOINT SAND CITY COUNCIL AND

SUCCESSOR AGENCY OF THE

REDEVELOPMENT AGENCY
TUESDAY, APRIL 19, 2022
5:30 PM
1 1. ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. INVOCATION

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

JOINT SAND CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
Regular Meeting - Tuesday, April 19, 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 5. COMMUNICATIONS
Members of the public may address the City Council/Successor Agency on matters not appearing on the City Council/Successor Agency Agenda at this time for up to three minutes. In order that the City Clerk may later identify the speaker in the minutes of the meeting, it is helpful if speakers state their names. Public comments regarding items on the scheduled agenda will be heard at the time the item is being considered by the City Council/Successor Agency.

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

6. CONSENT CALENDAR
The Consent Agenda consists of routine items for which City Council approval can be taken with a single motion and vote. A Council member may request that any item be placed on the Regular Agenda for separate consideration. 6A. Approval of April 5, 2022 Council Meeting Minutes

4.5.22 Minutes.pdf
6B. Approval of City RESOLUTION Approving an Annual Fee Adjustment to the Cost of Fire Protection Services between the Cities of Monterey and Sand City Staff Report.Monterey Fire Services Agreement.pdf
Resolution.Fire Services Agreement FY 2022-2023.pdf
6C. Approval of City RESOLUTION Approving a Service Agreement with EMC Planning Group, Inc. for Professional Services within the Fiscal Year 2022-2023 at a cost not to exceed $20,000
Staff Report. EMC Contract.pdf
Resolution.Approving a Service Agr. with EMC Planning Group FY 2022-2023.pdf 6D. Approval of City RESOLUTION Honoring XXXXXX as the Monterey Peninsula Chamber of Commerce 2021 "Business of the Year" Award Recipient Resolution. Honoring XXXXX as the 2021 Business of the Year Award Recipient.pdf
6E. Acceptance of City/Successor Agency Monthly Financial Report, March 2022 March 2022 City.Sucessor Agency Monthly Financial Report.pdf 6F. Approval of City Donation/Contribution
1) United Way Monterey County - $500
Memo.City Donation.Contribution.pdf

7. CONSIDERATION OF ITEMS PULLED FROM CONSENT CALENDAR

8. NEW BUSINESS
8A. Consideration of City RESOLUTION Authorizing the City Manager to Accept and Sign the Grant of Easements Agreement for a Public Park within the South of Tioga Project
Staff Report. Accepting Grant of Easement for Park within the South of Tioga 3 Project.pdf
Resolution. Authorizing the City Manager to Accept and Sign the Grant of Easements Agreement.pdf
8B. Approval of City RESOLUTION Approving the Final Map (FM 22-01) for the South of Tioga Development Project
Staff Report. Approving the Final Map for the South of Tioga Project.pdf Resolution. Approving the Final Map (FM 22-01) for the South of Tioga Project.pdf 8C. Discussion and Possible Direction to Staff regarding the Placement of Security Cameras in the City
8D. Comments by Council Members on Items of Interest to Sand City 8E. Upcoming Meetings/Events

9. CLOSED SESSION
9A. City Council/Successor Agency Board to adjourn to Closed Session regarding:
1) Conference with legal counsel - anticipated litigation (Cal. Government Code section 54956.9 (e)(1)
9B. Re-adjourn to Open Session to report any action taken at the conclusion of Closed Session in accordance with California Government Code section 54957.1

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

Approval of April 5, 2022 Council Meeting
Minutes
5 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. 6 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. 7 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.
8 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.
9 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
10 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.
11 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
12 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
13 AGENDA ITEM
6B.

Approval of City RESOLUTION Approving
an Annual Fee Adjustment to the Cost of
Fire Protection Services between the Cities
of Monterey and Sand City
14 City of Sand City

STAFF MEMO
TO: Mayor and City Council
FROM: Vibeke Norgaard, City Manager; Connie Horca, City Clerk DATE: April 7, 2022
FOR: April 19, 2022 Council meeting
SUBJECT: Approval of Fire Services Agreement for Fiscal Year 2022-23 Discussion:

Enclosed for your consideration is a Resolution authorizing renewal of the Fire Services Agreement with the City of Monterey.

Please see the attached March 25, 2022 letter from the Monterey Fire Chief Panholzer explaining that Sand City’s total annual fee for Fiscal Year 2022-23 will adjust to $328,839. This increased 2022-23 fee is based on a 5.2% February 2022 CPI-U increase over the former annual rate of $312,585.

Section 2.2 of the Fire Services Agreement includes an automatic renewal of this agreement unless one of the parties gives written notice to the other party of its intent to allow the agreement to lapse.

Recommendation:

It is recommended that the City Council approve the enclosed Resolution to authorize renewal of the Fire Services Agreement.

Enc: Sand City Resolution Authorizing a Renewal of Fires Services Agreement Monterey Fire Dept. letter
FY 2022-23 Fire Protection Service Fee Calculation
15 CITY OF SAND CITY
RESOLUTION SC 22- , 2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAND CITY APPROVING AN

ANNUAL FEE ADJUSTMENT TO THE COST OF FIRE PROTECTION SERVICES BETWEEN

THE CITIES OF MONTEREY AND SAND CITY
WHEREAS, since 1992, the City of Sand City has contracted with the City of Monterey for fire protection services; and
WHEREAS, Sand City desires to continue to contract with the City of Monterey for the provision of fire protection services due to the excellent working relationship the two cities have experienced over the past thirty years; and
WHEREAS, the annual fee for Fiscal Year 2021-2022 under the Fire Services Agreement between the City of Monterey and the City of Sand City expires on June 30, 2022 and provides for annual review of any proposed increase; and
WHEREAS, the requested total annual fee for Fiscal Year 2022-23 will adjust to $328,839 (“Annual Fee Adjustment”) based on a 5.2% February 2022 CPI-U increase of $16,254 on the fiscal year 2021-22 rate of $312,585; and
WHEREAS, the Fire Protection Service fee calculated will cover a period of one (1) year beginning July 1, 2022 through June 30, 2023; and
WHEREAS, said agreement is entered into pursuant to Government Code Section 54981 and Section 55632, and was unanimously approved by vote of the City Council of Sand City.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of Sand City hereby approves the Annual Fee Adjustment to the Fire Services Agreement, attached hereto as Exhibit A, as set forth in the March 23, 2022 letter attached to this resolution as Exhibit B.

PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Sand City, this 19h
, day of April, 2022 by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
______________________________
Mary Ann Carbone, Mayor
ATTEST:
______________________________
Connie Horca, City Clerk
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18 19
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24 25

EXHIBIT B
26 27
28 AGENDA ITEM
6C.

Approval of City RESOLUTION Approving a
Service Agreement with EMC Planning
Group, Inc. for Professional Services
within the Fiscal Year 2022-2023 at a cost
not to exceed $20,000
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AGENDA ITEM
6D.

Approval of City RESOLUTION Honoring
XXXXXX as the Monterey Peninsula
Chamber of Commerce 2021 "Business of
the Year" Award Recipient
53 CITY OF SAND CITY
RESOLUTION SC ____, 2022

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAND CITY HONORING

XXXXXXXXXXX

AS THE MONTEREY PENINSULA CHAMBER OF COMMERCE
2021 “BUSINESS OF THE YEAR” AWARD RECIPIENT
WHEREAS, the Monterey Peninsula Chamber of Commerce presents awards to various community businesses who have made substantial contributions to the Chamber of Commerce and the Monterey Peninsula community; and
WHEREAS, the Business of the Year Award is presented to the finalist selected from the various categories of “Business Excellence Awards”; and WHEREAS, the Chamber selected XXXXX as the 2021 Business of the Year Award recipient; and
WHEREAS, established in May 1977, XXXXX is the oldest locally owned and locally managed financial institution in Monterey County with four branches located on the Monterey Peninsula and Salinas Valley, and has been the #1 Lender in the County; and WHEREAS, XXXXX has assisted numerous individuals with their dreams of opening a business to include restaurants, deli’s, cafes, retail stores and much more, with a constant commitment to shape the Peninsula’s community by supporting its business owners and entrepreneurs; and
WHEREAS, XXXXX, continues to provide retail and commercial products and services to individuals, and medium-sized businesses throughout California, as well as deposit and lending products, commercial, real estate, and industrial loans.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of Sand City hereby acknowledges and honors XXXXX for this award in recognition of their commitment to provide exceptional services to the community and as the recipient of the 2021 Business of the Year Award.

PASSED AND ADOPTED by the Sand City Council on this 19th, day of April, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

ATTEST: ___________________________
Mary Ann Carbone, Mayor
_________________________
Connie Horca, City Clerk
54 AGENDA ITEM
6E.

Acceptance of City/Successor Agency
Monthly Financial Report, March 2022
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99 AGENDA ITEM
6F.

Approval of City Donation/Contribution 1)
United Way Monterey County - $500
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AGENDA ITEM
8A.

Consideration of City RESOLUTION
Authorizing the City Manager to Accept
and Sign the Grant of Easements
Agreement for a Public Park within the
South of Tioga Project
103

Page 1 ends

City of Sand City

STAFF MEMO
TO: Mayor and City Council
FROM: Vibeke Norgaard, City Manager
DATE: April 10, 2022
FOR: April 19, 2022 Council meeting
SUBJECT: Resolution of the City Council of the City of Sand City Accepting grant of easement for park within the South of Tioga Project
__________________________________________________________________ Background
On June 5, 2018, the City Council approved a Vesting Tentative Map (“VTM”) submitted by applicant DBO Development No.30, LLC (“Developer”) for the development of the “South of Tioga” project to develop property in the approximately

10.64 acre area bounded by Tioga Avenue to the northeast, California Avenue to the southeast, East Avenue to the southwest, and the Merle street right-of-way to the northwest in the central portion of the City, generally referred to as the “South of Tioga” district (“Project”).

The VTM conditions of approval require that the Developer dedicate to the City an easement for a City park within the Project area. The Park Easement is made up of

0.07 acres on the R-1 Parcel and 0.12 acres on the R-2 Parcel as identified and depicted on Exhibit A to the resolution attached to this staff report. (“Park Easement”).

On October 20, 2020, the City Council enacted Ordinance No. 20-02, 2020 approving the Development Agreement for the Subdivision, which was recorded on March 15, 2021, and a First Amendment to the Development Agreement was entered into and recorded on January 28, 2022 (collectively, the “Development Agreement”). In consideration of certain terms beneficial to the City, the City agreed to amend the VTM condition G(2) and maintain the park instead of the Developer doing so.

In a cooperative effort, the City Planner has been working with the Developer in the overall design and amenities to be included in the public park easement. This concept was presented to City Council and approved on January 18, 2022. The final construction plans are now underway with the Developer, who will construct the park on behalf of the City, though the City will be responsible for long-term care and maintenance under the purview of the Development Agreement and the Council’s acceptance of this park easement.
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As staff was in the process of posting the agenda, we learned that the California Department of Fish and Wildlife (CDFW) might have additional modifications to the easement to align with the Incidental take permit (ITP) developer has obtained from CDFW. In the event such modifications are required by CDFW, staff will present a revised version of the easement at the City Council meeting The resolution for your consideration would authorize the City Manager to accept and sign the grant of easement agreement Attached to the resolution as Exhibit A on behalf of the City.

Fiscal Impact:

There is no fiscal impact associated with the acceptance of an easement for the park.

While the easement requires the City maintain the park in perpetuity, the City has created a Community Facilities District that will pay the cost of the park maintenance.

Environmental (CEQA):

To comply with the California Environmental Quality Act (Cal. Pub. Res. Code § 21000 et seq. and 14 Cal. Code Regs. § 15000 et seq.; “CEQA”), on June 5, 2018, the City Council certified the Environmental Impact Report for the South of Tioga Project (SCH # 2017061066) as described more fully in Resolution SC 18-57, and made the required findings. The easement was contemplated as part of the Project and was included in the EIR; therefore, no further environmental review is required for the acceptance of the grant of easement.

STAFF RECOMMENDATION
Staff recommends APPROVAL of the attached resolution.

ATTACHMENTS
Attachment 1: Resolution
Exh. A (Grant of Easement Agreement, map and legal descriptions) 105

CITY OF SAND CITY
RESOLUTION NO. SC 22-____(2022)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAND CITY AUTHORIZING THE

CITY MANAGER TO ACCEPT AND SIGN THE GRANT OF EASEMENTS AGREEMENT FOR

A PUBLIC PARK WITHIN THE SOUTH OF TIOGA PROJECT
WHEREAS, the City Council approved the Vesting Tentative Map (VTM) for the South of Tioga Development Project on June 5, 2018 by Resolution SC18-58; and WHEREAS, the VTM requires that certain park easements be granted to the City, as identified and depicted in the attached Exhibit A to this resolution; and WHEREAS, the First Amendment to the Development Agreement, recorded on January 28, 2022, amends the VTM condition of approval to make the City be responsible for long term maintenance of the park amenities after the Developer has constructed the park per mutually approved plans; and
WHEREAS, the public park easement and amenities to be established will provide open space and park amenities for the enjoyment and welfare of the City’s community as a whole; and WHEREAS, to comply with the California Environmental Quality Act (Cal. Pub. Res. Code § 21000 et seq. and 14 Cal. Code Regs. § 15000 et seq.; “CEQA”), on June 5, 2018, the City Council certified the Environmental Impact Report for the South of Tioga Project (SCH # 2017061066) as described more fully in Resolution SC 18-57, and made the required findings and the Easement was contemplated as part of the Project and was included in the EIR; therefore, no further environmental review is required for the acceptance of the grant of easement.

NOW, THEREFORE, BE IT RESOLVED by the City Council of Sand City that it approves and authorizes the City Manager to accept, sign and record the Grant of Easement Agreement attached hereto at Exhibit A.

PASSED AND ADOPTED by the City Council of the City of Sand City on the ____ day of _____, 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_________________________
Mary Ann Carbone, Mayor
ATTEST:

Connie Horca, City Clerk
ATTACHMENT 1
106
1 RECORDING REQUESTED BY AND
AFTER RECORDING MAIL TO:

DBO Development No. 30
10 Harris Court, Suite B-1
Monterey, CA 93940
**OFFICIAL BUSINESS**
Document entitled to free
Recording pursuant to
Cal. Gov. Code, § 27383
Space above this line reserved for recorder’s use

GRANT OF EASEMENTS AGREEMENT
This GRANT OF EASEMENTS AGREEMENT (“Agreement”) is made by and between the DBO DEVELOPMENT NO. 30, a California limited liability company (“DBO” or “Grantor”) and THE CITY OF SAND CITY, a municipal corporation (the “City” or “Grantee”) as of the Effective Date (as defined below). Document transfer tax is $0, and is being transferred to the City.

RECITALS
A. Grantor owns that certain real property described in Exhibit “A” attached hereto and by this reference incorporated herein and includes the real estate underlying the easements granted herein (the “DBO Property”).

B. Grantor desires to grant to City certain easements over, under, upon and across that portion of the DBO Property which constitutes the Park Easement Area, and which easements will run with the land.

NOW, THEREFORE, the parties agree as follows:

AGREEMENT

1. Grant of Easements.

A. Park Easement. Grantor hereby grants to Grantee a perpetual, exclusive easement for maintenance, repair, dismantling, replacement, alteration, improvement, operation, illumination and use of two (2) community parks, park facilities, appurtenances and related property and equipment (the “Parks”) over, under, upon and across those portions of DBO Property (the “Parks Easements”) legally described and depicted on Exhibit “B” attached hereto and by this reference incorporated herein (the “Parks Easements Areas”).

EXHIBIT A
107
2 B. Utility Easement. Grantor hereby grants to Grantee perpetual, nonexclusive easements for the maintenance, repair, replacement and use of utilities to service the Parks, including water, sewer, data, and electrical lines to provide lighting and restroom facilities for the Parks (the “Utility Easement”) over, under, upon and across the Parks Easements Areas.

C. Access Easement. Grantor hereby grants to Grantee a perpetual, nonexclusive easement for ingress to and egress from the Parks over the Parks Easements Areas (the “Access Easement”) for the benefit of the Grantee and the California Department of Fish and Wildlife (CDFW).

D. Prohibited Activities. The following shall be prohibited within the Park Easement Areas: (1) Landscaping with plant species identified in the California Invasive Plant Council Inventory; (2) use of contaminated landscaping materials that have a potential to introduce non-native invasive plant species; (3) use of herbicides; and (4) use of non-manual methods of non-native plant removal.

E. Grantor will ensure that the final design of the park include a CDFWapproved planting palette and a buffer area with the adjacent Habitat Management Lands containing CDFW-approved ground-cover material.

2. Repairs, Maintenance, Utilities, Expenses and Insurance A. Repairs and Maintenance. Grantor shall design and construct the park improvements in a manner satisfactory to the City but shall not have any responsibility whatsoever for the operation, maintenance or repair of the Parks or any facilities or utilities thereon. Upon City acceptance, Grantee shall operate, maintain and repair the Parks and their facilities and utilities at its sole cost and expense, as well as maintain and keep the Parks and Parks Easements Areas in good condition.

B. Utilities and Expenses. All utilities and other expenses incurred in connection with the Parks Easements and/or the Parks shall be the sole responsibility of Grantee. Grantee shall be responsible for keeping Grantor’s Property free and clear of any liens for work performed by or on behalf of Grantee within the Parks Easements Areas.

C. Insurance. Grantee shall maintain or cause to be maintained, commercial general liability insurance against claims for bodily injury, death or property damage occurring on, in or about the Parks Easements Areas in reasonably satisfactory amounts.

3. Survival of Covenants, Conditions and Restrictions. The covenants, conditions and restrictions contained herein shall run with and burden DBO Property, and shall bind Grantor and Grantee, respectively, and all of their successors and assigns and are imposed upon the Grantor Property as equitable servitudes in favor of Grantee, pursuant to Civil Code Sections 1462 and 1468 of the State of California, as the same may be amended from time to time and any successor statutes thereof, and other applicable law.

The terms, covenants, conditions, exceptions, obligations, and reservations contained in 108
3 this Agreement shall be binding upon and inure to the benefit of the successors and assigns of the parties named herein, whether voluntary or involuntary.

4. Remedies. In addition to any other remedy available at law or in equity for the breach of any obligation contained in this Agreement, the parties agree that a court of competent jurisdiction may order specific performance of any obligation of either party undertaken herein.

5. Attorney’s Fees. In the event that it becomes necessary to commence any legal proceeding to enforce any part of the foregoing covenants, conditions or restrictions, the prevailing party in such legal proceeding shall be entitled to reasonable attorneys' fees in addition to any other remedy available to said prevailing party. "Prevailing party" shall mean and include without limitation (i) a party who dismisses an action in exchange for sums allegedly due; (ii) a party who receives performance from the other party of an alleged breach of covenant or a desired remedy where such performance is substantially equal to the relief sought in an action; or (iii) the party determined to be the prevailing party by a court of competent jurisdiction.

6. Severability. If for any reason any portion of this Agreement shall be declared null, void, or unenforceable by a court of competent jurisdiction, it is intended that the remaining provisions of this Agreement shall continue to be valid and enforceable.

7. Governing Law/Venue. This agreement shall be governed exclusively by the provisions hereof and by the laws of the State of California as the same may from time to time exist without regard to conflict of law principles. Any action to enforce or interpret this Agreement shall be brought in this Superior Court of the State of California, County of Monterey.

8. Entire Agreement. This Agreement constitutes the entire agreement between Grantor and Grantee relating to the easements described herein, and any prior agreements, promises, negotiations, or representatives not expressly set forth in this Agreement are of no force and effect. Any amendment to this Agreement shall be of no force and effect unless it is in writing and signed by the Grantor and Grantee.

9. Counterparts. This Agreement may be executed in any number of counterparts each of which will be deemed an original and, taken together, shall constitute one and the same instrument. This Agreement may be delivered by electronic means, such as an attachment to an electronic mail.

10. Authority. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and execute this Agreement.
[Signatures on following page]
109
4 IN WITNESS WHEREOF, the undersigned have executed this Agreement as later of the date(s) and year set forth below (the “Effective Date”).

CITY:

City of Sand City, a Municipal Corporation
By: ____________________________
Vibeke Norgaard, City Manager
Date:

ATTEST:
_____________________________
Connie Horca, City Clerk
DBO:

DBO DEVELOPMENT NO. 30,
a California limited liability company
BY: THE OROSCO FAMILY TRUST
dated June 28, 1977 as amended, Member
By:

Christopher R. Orosco, Trustee
Date:

BY: LYLES DIVERSIFIED, INC
a California Corporation, Member
By:

Gerald V. Lyles, Senior Vice President
Date:
110
5 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California )
County of )
On ____________________, before me, ____________________________, a Notary Public, personally appeared _______________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.