_____________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 05.03.22 Regular Meeting
MINUTES
JOINT SAND CITY COUNCIL AND SUCCESSOR
AGENCY OF THE REDEVELOPMENT AGENCY
Regular Meeting - Tuesday, May 3, 2022
5:30 PM
As allowed per Assembly Bill (AB361), this meeting was conducted in person and by teleconference
Vice Mayor Blackwelder called the meeting to order at 5:30 p.m.
AGENDA ITEM 1, ROLL CALL
Present: Mayor Mary Ann Carbone (excused absence)
Council Member Blackwelder
Councilmember Cruz (virtual attendance)
Councilmember Hawthorne (virtual attendance)
Councilmember Sofer
Staff: Vibeke Norgaard, Acting City Manager
Connie Horca, City Clerk
Brian Ferrante, Chief of Police
AGENDA ITEM 2, PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Chief Ferrante.
AGENDA ITEM 3, INVOCATION
The invocation was led by Reverend Robert Hellam.
AGENDA ITEM 4, ANNOUNCEMENT BY MAYOR, CITY ATTORNEY, CITY MANAGER & CITY STAFF
Vice Mayor Blackwelder announced that the Closed Session item will be pulled, and considered at a future meeting.
City Manager Norgaard reported that a 30% response to the Use Tax Initiative Survey was received, the 831 Night Market will be held on Friday with entrances available at both areas coming into the Art Park, the use of graduate students for an internship program, and meeting held with Mr. Fred Watson.
Ms. Norgaard responded to Vice Mayor Blackwelder’s inquiry regarding production of the desal plant which is presently low due to cleaning of the facility, and reported on a conversation with Cal-Am for the construction of two production wells.
AGENDA ITEM 5, COMMUNICATIONS
_____________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 05.03.22 Regular Meeting
5:37 P.M. Floor opened for Public Comment.
Todd Sheller of Lyles Diversified Inc., congratulated the City on the signing of the final map, reported on items submitted to CDFW that requires their review and approval, denial of the bond, and signing of the lease with the Arts Council for the space at the Independent. He announced that if anyone knows of a restaurant or market that would like to open at the Independent to let him know.
Sand City resident Bobbie Joe Harr reported that she has gathered 50 signatures from people in the community regarding AirBnB’s, urged the City Council to address the lack of housing, and consider limiting AirBnB’s.
City Manager Norgaard announced that the Short-Term Rental Ordinance is scheduled for the May 17, 2022 Council meeting.
Sand City resident Steve Wilson spoke to the issue of AirBnB’s in Sand City, the need to have the Water District approve AirBnB applications for water use, home inspections, and the lack of parking surrounding his residential area.
5:48 P.M. Floor closed to Public Comment.
AGENDA ITEM 6, CONSENT CALENDAR
6A. There was no discussion of the April 19, 2022 Sand City Council Meeting Minutes. 6B. There was no discussion of the City Resolution authorizing a Service Agreement for Auditor Services by Hayashi & Wayland for Fiscal Year 2021-2022 at a cost not to exceed $65,500.
6C. There was no discussion of the City Resolution calling for November 8, 2022 General Municipal Election, Requesting the County Elections Department to Conduct the Election, and Requesting Consolidation of the Election. 6D. 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 May 19, 2022 through June 18, 2022 pursuant to AB 361 and Ralph M. Brown Act Provisions.
5:44 P.M. Vice Mayor Blackwelder opened the floor for public comment and seeing none, closed the floor to public comment.
Motion to approve the Consent Calendar was made by Council Member Sofer, seconded by Council Member Cruz. Roll call Vote AYES: Council Members Blackwelder, Cruz, Hawthorne, Sofer. NOES: None. ABSENT: Council Member Carbone. ABSTAIN: None.
Motion carried.
AGENDA ITEM 7, CONSIDERATION OF ITEMS PULLED FROM CONSENT CALENDAR There were no items pulled from the Consent Calendar.
_____________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 05.03.22 Regular Meeting
AGENDA ITEM 8, NEW BUSINESS
8A. Discussion of Cost-of-Living Adjustment for Miscellaneous Employees City Manager Norgaard announced that the Miscellaneous Employees would like to present the item.
City Planner Pooler reported that the agenda packet contains a request for consideration of a 5% cost-of-living adjustment (COLA) for the upcoming 2022-2023 fiscal year. The cost to the City to provide a 5% COLA to eight employees would be $44,086.98. The request seems reasonable based on the cost price index with substantial documentation included in the agenda packet. He described the differences between a merit-based raise, step increase, cost-of-living adjustment, devaluation of the dollar, summarized the history of the last COLA received of 2.5% that was incorporated into the budget, and approved by Council resolution. He mentioned Staff’s appreciation for this opportunity to discuss this item at tonight’s meeting, and the timing involved to consider the request while the next fiscal year budget is being put together.
Council Member Hawthorne commented on City expenses that are also increasing, and suggested that a research be conducted on salary comparisons with other cities.
Vice Mayor Blackwelder recalled that increases were approved a few months ago.
Finance Specialist Lazzarino explained that the approved increases were merit based for job performance and should not be considered as a cost-of-living adjustment.
There was discussion involving the process, why this was not considered by the Budget Committee first, conversations and a meeting with the City Manager, and the desire for the employees to bring to the Council to be heard.
In response to Council Member Cruz’s inquiry regarding a history of the cost-ofliving adjustments paid to employees in the past, Mr. Pooler mentioned that the report was contained in the agenda packet on page 58.
Council Member Sofer commented on her support of Staff, their efforts, and that this should have gone through the Budget/Personnel Committee.
Public Works Supervisor Parker reported that the miscellaneous employees are not represented through a union, other cities have contracts that allow for COLA’s, Staff’s desire to be heard, and spoke to the budget process.
Public Works Maintenance Employee Garza commented that he has worked for the City for 15 years, applauds the hard work and efforts by staff, and reported on the incident that occurred with Mr. Menezes when he was placed into a Maintenance III position which did not allow for the step increases, he should have been entitled too. _____________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 05.03.22 Regular Meeting
Police Department Records Coordinator Laura Morales commented that she respectfully asks the Council for a cost-of-living adjustment. She joined Sand City 3 years ago, breathing life into the City’s social media presence to show the community the work the department has done, reinforced municipal code enforcement and punitive actions for unpaid fines that has brough in $54,000 in revenue since January 2020. She has spearheaded the Red Cross blood drive, and the departments participation in the Special Olympics torch run to raise funds for athletes with intellectual disabilities and fears that she will be carrying the torch and flag alone. Ms. Morales reported that her insurance has tripled, does her own maintenance to save money, attends community college classes online, and that Staff is not requesting COLA’s to fund 2nd homes or expensive vacations, but rather asking for recognition of the cost of LIVING.
Public Works Maintenance employee Fred Menezes commented that he has worked for the City for 16 years, appreciates Mr. Hawthorne’s comments, is requesting the Council to look and see what is out there, and that the employees are here to be heard and recognized as individuals.
6:10 P.M. Vice Mayor Blackwelder opened the floor for public comment, and seeing none, closed the floor for public comment.
The Council directed the City Manager to bring back a salary survey and history of past cost of living adjustments.
8B. Discussion and Direction on Commercial Cannabis Ordinance Interim City Attorney Adam Lindgren presented the draft Cannabis Ordinance that included the Medicinal and Adult use cannabis regulation and Safety Act, State regulations for cannabis businesses, local rules regarding commercial cannabis businesses that must have both local approval and a state license, and the broad authority of cities to regulate commercial cannabis. He invited Chief Ferrante to speak to the issue of on-site consumption.
Chief Ferrante commented on his concern regarding on-site consumption and related that the Ordinance is well written.
Anthony Amara with Meyers Nave reported on the draft ordinance components that includes the operation of cannabis businesses to operate in Zone C-4 (shopping center), the need for business and operating permits, that the City Council may cap the total number of cannabis businesses allowed in the City, security requirements, operational standards, and extensive location and separation requirements.
City Planner Pooler presented a map of the City and explained the areas of where a cannabis business may or may not operate.
Mr. Lindgren requested that the Council discussion zoning/proximity requirements, types of cannabis businesses/limits, application procedure/community benefits, security requirements, on-site consumption. He also mentioned that the ordinance _____________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 05.03.22 Regular Meeting
is not limited only to retail sales, and the Council should discuss what types of businesses they want.
City Manager Norgaard suggested that the Council address each topic and their thoughts moving forward.
Council Member Hawthorne commended Staff for a job well done. He reiterated that the shopping center was discussed at a previous meeting and limiting it to 2 businesses, having a retail only business, that security requirements are established by the business, and no on-site consumption.
Council Member Sofer added that the most appropriate decision would be to have it in a retail area, no on-site consumption or anywhere in the parking lot. One big danger would be to produce and manufacture in Sand City, as leases for cannabis uses are highly competitive. She visited a business in Seaside and found it surprisingly well managed, and cannot imagine having more than 2 businesses in Sand City.
Council Member Cruz commented that starting small would be wise, limiting it to 2 and concurs with the suggestions formerly presented.
Vice Mayor Blackwelder remarked that he does not advocate any kind of cannabis facility in the City.
Mr. Lindgren summarized the approval of 3-1 of Council members, that no on-site consumption would be allowed, limited to 2, and only in the C4 portion of the City. 6:48 P.M. Floor opened for Public Comment.
Sand City resident Michele Adams expressed her disagreement with the idea, is appalled by what she has heard, finds that marijuana is a gateway to further drug use, and expressed that a lot of people do not want it here, as it will affect the City and residents.
Sand City resident Bobbie Joe Harr commented that there are at least 3 cannabis businesses on Broadway, that the retail center in Sand City is not a proper location as families with children shop at Target, take their pets to PetsMart, and prefers none in the area.
Long time Sand City resident Steve Wilson added that the businesses in the shopping center would not like this type of business near their location. This type of business is not for Sand City and foresees that this is not a good idea.
Monterey County resident Joey Espinoza mentioned that he would like the Council to consider delivery services if there is a lot of push back on open retail stores. This would be another form of tax revenue. He spoke to the saturation of the market with too many cultivators and not enough retail stores. The City of Seaside may consider on-site consumption, and that the shopping center in Sand City would be an ideal location. The ordinance looks to be well written and hopes to continue further dialog. _____________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 05.03.22 Regular Meeting
6:58 P.M. Floor closed to Public Comment.
Council Member Sofer reiterated that the shopping center is private property and the owners of the shopping center decide who may lease retail space.
City Manager Norgaard clarified Council’s discussion that retail would be limited to the shopping center only
Council Member Cruz mentioned that if the City were to look only at retail, then it should remain in the shopping center, and if other options are considered, then the permissible parts of the City should be looked at.
City Attorney Lindgren reported that several cities start with a limited use type, such as retail only, and then have conversations and possibly expand to other use types.
Mr. Lindgren spoke to Council’s concerns, the complexity of internal/external cannabis business operations, volatility of manufacturing, the City’s cultivation ordinance, and the possibility of a workshop.
Council Member Hawthorne suggested that the ordinance concentrate on retail in order to keep it simple.
Chief Ferrante spoke to his past experience in another agency, reported that these businesses have a negative impact in residential areas, and is supportive of keeping it at the shopping center. He mentioned that businesses will also be impacted as well as residents, and that once you get one in, it will stay. He expressed his support of limiting it to retail as other uses would be too much too soon.
Council Member Sofer suggested keeping it to retail and at some point, in the future, research delivery, and requested that residents attend a future meeting so that the Council can hear their points of view.
Staff received Council direction regarding the draft cannabis ordinance. {Council Member Cruz recused from the meeting due to a possible conflict of interest by residing within 500’ of the subject property}
8C. Consideration of Naming of Park for the South of Tioga Project City Manager Norgaard reported that the final map was approved at the last council meeting and Council presented the consideration of naming the park easement for the South of Tioga project.
Mr. Sheller indicated that it is a City park, that the City not limit itself at looking for a name although Mr. Orosco was involved with the project.
City Manager Norgaard added that suggestions for names were made in the Staff report, but Council can certainly present other names for consideration. _____________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 05.03.22 Regular Meeting
Council Member Sofer reported that she is favorable to naming the park after Don Orosco for the hard work he put into the South of Tioga project as it seems fitting that he be recognized for efforts.
7:24 P.M. Floor opened for Public Comment.
Sand City resident Steve Wilson commented that the City should take the time to name the park. Although Mr. Orosco spent considerable time to get that project going, there are others in the City who have served and worked for the City.
Sand City resident Bobbie Joe Harr suggested having a theme name for the park that befits the area that we are in, and that Mr. Hawthorne could build a sculpture in honor of the late Mr. Orosco.
Council Member Hawthorne added that the late Mr. Orosco spent over 25 years on the project, that the City take the time to really think it out, and whatever it is called, it will be a fun park. He suggested tabling the item until several names are submitted.
Mr. Wilson remarked that Mayor Carbone has served the City for over 30 years and should be recognized as well.
City Manager Norgaard commented that she will gladly accept suggestions for naming the park and will present options to the Council at a future meeting. {Council Member Cruz returned to the virtual/in person meeting} 8D. Comments by Council Members on Items of Interest to Sand City Council Member Sofer reported on her attendance at the 113th Annual Awards dinner presented by the Monterey Peninsula Chamber, and the upcoming City Leaders Summit.
Council Member Cruz reported on her attendance at the TAMC rail meeting.
Vice Mayor Blackwelder explained the pipe installation of the sewer project on Contra Costa.
8E. Upcoming Meetings/Events
There was no report on upcoming meetings/events.
AGENDA ITEM 9, CLOSED SESSION
This item was pulled from the agenda. There was no closed session. 9A. City Council/Successor Agency Board to adjourn to Closed Session regarding Conference with labor negotiator pursuant to Cal.Gov. Code Section 54957.6
_____________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 05.03.22 Regular Meeting
1) Agency designated representative: Vibeke Norgaard, City Manager Employee Organization: Sand City Police Officers Association (POA) 9B. Re-adjourn to Open Session to report any action taken at the conclusion of Closed Session in accordance with Cal. Gov Code section 54957.1 AGENDA ITEM 10, ADJOURNMENT
There was consensus of the Council to adjourn the meeting at 7:43 p.m. to the next regularly scheduled Council meeting on Tuesday, May 17, 2022 at 5:30 p.m. _______________________________
Connie Horca, City Clerk