Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 07.05.22 Regular Meeting
MINUTES
JOINT SAND CITY COUNCIL AND SUCCESSOR
AGENCY OF THE REDEVELOPMENT AGENCY
Regular Meeting - Tuesday, July 5, 2022
5:30 PM
As allowed per Assembly Bill (AB361), this meeting was conducted in person and by teleconference
Mayor Carbone 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, City Manager
Connie Horca, City Clerk
Adam Lindgren, Interim City Attorney (virtual attendance) Chuck Pooler, City Planner (virtual attendance)
AGENDA ITEM 2, PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Blackwelder.
AGENDA ITEM 3, INVOCATION
The invocations was led by Reverend Robert Hellam.
AGENDA ITEM 4, ANNOUNCEMENT BY MAYOR, CITY ATTORNEY, & CITY MANAGER The Mayor announced that her Mayor’s report was emailed earlier that gave an update on meetings she attended, reported on the Community Human Services Donor Campaign for Shuman House, fundraiser for the Wahine Project, and the Ribbon Cutting for Shake Avenue, her speaking engagement with the Native Plant Society, and upcoming CHS Annual Luncheon at the Hilton Hotel.
City Manager Norgaard provided an update on Ortiz Avenue regarding the rehabilitation work that needs to be completed by July, relocation of the 40’ connex and will bring to council at a future date a consideration of what the Council would like to do with the space at the Art Park.
Interim City Attorney Adam Lindgren reported on activity of the Supreme Court and one case regarding the City of Bremerton that raised human resource issues, and funding related to religious activities.
Mayor Carbone welcomed Chief Ferrante back.
Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 07.05.22 Regular Meeting
AGENDA ITEM 5, COMMUNICATIONS
5:41 P.M. Floor opened for Public Comment.
City Manager Norgaard responded to Sand City resident Luke Kilpatrick’s inquiry regarding when Calabrese Park will begin construction and estimated completion date. 5:42 P.M. Floor closed to Public Comment.
AGENDA ITEM 6, CONSENT CALENDAR
6A. There was no discussion of the May 24, 2022 SPECIAL Meeting Minutes. 6B. There was no discussion June 7, 2022 Council Meeting Minutes. 6C. There was no discussion of the Designation of Voting Delegate and Alternate for the 2022 League of California Cities Conference.
6D. There was no discussion City Resolution authorizing the Extension of Remote Teleconference Meetings of the City Council and Boards, Commissions, and Committees for the Period of July 6, 2022 through August 5, 2022 pursuant to AB 361 and Ralph M. Brown Act Provisions.
6E. There was no discussion City Donation/Contribution to the Arts Habitat for Monterey County for $500.
5:43 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 7, CONSIDERATION OF ITEMS PULLED FROM CONSENT CALENDAR There were no items pulled from the Consent Calendar.
AGENDA ITEM 8, PUBLIC HEARING
{A name draw was conducted and Council Member Hawthorne recused from the meeting due to a conflict of interest by residing within 500’ of the subject property} 8A. Consideration of City RESOLUTION to Approve Conditional Use Permit 653 for Captain + Stoker Coffee Roasters to Operate a Coffee Roasting Production and Wholesale Operation within an Existing Commercial Building at 350 Orange Avenue
Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 07.05.22 Regular Meeting
City Planner Charles Pooler presented an application submitted by Tyler Ellis of Captain +Stoker Coffee Roasters for permit approval to operate a coffee roasting operation with accessory office at 350-B Orange Avenue. He reported on the site and project description that included equipment to be used, activities such as bottling of cold brew coffee, number of employees, and noted that on-site beverage sales is not anticipated. Hours of operation is 8:00 a.m. to 4:00 p.m., Monday through Friday. The frontage provides 5 parking spaces split between two units fronting Orange Avenue. Inventory and products shipped will be via a small van truck. The applicant has received approval from the Monterey Bay Air Resources District for the coffee roaster and afterburner equipment. The coffee roasting process is not expected to create any detrimental impacts; however, some level of aroma is anticipated. The subject property has sufficient water for the proposed use, and Staff recommends approval of the conditional use permit.
Council Member Blackwelder expressed his concern with aromas generated by coffee roasting and the issue of parking that will be shared by the employees of the units.
Council Member Cruz mentioned her past employment in the coffee industry and that no complaints were heard regarding the aroma.
Mayor Carbone reported on the evolution of new technology that helps minimize odors during the roasting process.
City Planner Pooler commented that the permit addresses the zoning code, and that parking arrangements would be up to the landlord of the building. 5:53 P.M. Floor opened for Public Comment.
The applicant Tyler Ellis thanked the Mayor and Council for considering his application, reported on the new equipment and technology that minimizes odors, and that he and his wife will carpool in one vehicle to offset parking issues.
Sand City resident Steve Wilson commented on the lack of parking in the city, its ongoing issues, having to walk on the street at some locations, and the need for the City to look into more parking.
5:57 P.M. Floor closed to Public Comment.
Motion to approve the City Resolution to approve Conditional Use Permit 653 for Captain+Stoker Coffee Roasters to Operate a Coffee Roasting Production and Wholesale Operation within an Existing Commercial Building at 350 Orange Avenue was made by Council Member Blackwelder, seconded by Council Member Sofer.
Roll call Vote AYES: Council Members Blackwelder, Carbone, Cruz, Sofer. NOES:
None. ABSENT: None. ABSTAIN: Council Member Hawthorne. Motion carried. {Following a name draw, Council Member Hawthorne remained recused, and Council Member Sofer recused from the meeting due to a possible conflict of interest by residing within 500’ of the subject property}
Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 07.05.22 Regular Meeting
8B. Consideration of City RESOLUTION Approving Conditional Use Permit 652 for Jayson Fann to Conduct Open Yard Art Creation
City Planner Charles Pooler presented an application submitted by Jayson Fann to use a fenced vacant Property fronting the 500 block of Ortiz Avenue for creation of large-scale art sculptures that would consist of intertwined/interlinked wood branches and wood materials. He reported on the site description that is currently unpaved, and that the applicant also proposes to conduct art exhibitions with public engagements of open studio and community participation and learning. There will be two employees. Intended hours of operation are 9:00 a.m. to 5:00 p.m. Monday through Friday, and 10:00 a.m. to 3:00 p.m. on weekends. The Municipal Code does not specify parking for commercial storage or production, and is evaluated upon the type of use. The applicant plans to store 8 vehicles including trailers, and the permit should require an area of sufficient size on the property to be designated and used for parking the Applicant’s trucks and vehicles. The final parking layout should be subject to the City Planner’s and/or Building Officials review and approval. No large truck deliveries are anticipated. It is also recommended that storage containers be incorporated to offset any visual blight.
Concerns were expressed by the Fire Department and Building Official. In order to move the application forward, the Planning Staff recommended conditions to the permit and language to include that the Applicant coordinate and work with the City’s Building Official and Fire Department to obtain all necessary building permits, address improvements, and that final use and site layout be subject to Building Official approval. The Applicants primary use of hand tools over power tools should minimize noise impacts and blend in with the surrounding commercial daytime activities. The Applicants use would provide a positive contribution to the artist community of Sand City. Staff recommends approval of a conditional use permit until the site can be improved to provide additional on-site parking for the Independent.
Council Member Blackwelder expressed concerns regarding power, whether a generator will be used, how long the applicant will plans to be there, and if there was some kind of architectural/renderings of what this would look like, and whether it would block the existing mural.
City Manager Norgaard commented on her visit to the applicant’s other site, that this would be an outdoor gallery,
In response to Council Member Cruz’s inquiry regarding what kind of tools would be used, Mr. Fann responded that the largest tools used would be a hand grinder, and battery-operated chain saw. Since he has worked as an educator, safety precautions and standards regarding power tools, and addressed Council Member Blackwelder’s other concerns.
Mayor Carbone mentioned that she has visited Mr. Fann’s operation in Monterey and that it is visually pleasing.
6:45 P.M. Floor opened for Public Comment.
Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 07.05.22 Regular Meeting
Sand City resident Bobbie Joe Harr expressed that it sounds like a good project but is concerned about noise especially the use of a generator as she can hear noise impacts down the street as far as Marks Barn.
Mr. Fann addressed Ms. Harr’s concerns and plans to use battery operated tools, will check in with the neighbors, and encourage them to speak with him. He also provided additional information regarding his stage productions, traveling nest stages, collaborative work with the Arts Council, and addressed vehicle parking at the location.
6:21 P.M. Floor closed to Public Comment.
Motion to approve the City Resolution approving Conditional Use Permit 652 for Jayson Fann to Conduct Open Yard Art Creation was made by Council Member Blackwelder, seconded by Council Member Carbone. Roll call Vote AYES: Council Members Blackwelder, Carbone, Cruz. NOES: None. ABSENT: None. ABSTAIN:
Council Members Hawthorne, Sofer. Motion carried.
Mayor Carbone welcomed Mr. Fann and the prior applicant, Mr. Ellis to Sand City. {Council Members Hawthorne and Sofer returned to the virtual/in person meeting} 8C. SECOND READING: of Ordinance of the City of Sand City Replacing the Existing General Purpose Transactions and Use Tax at a Rate of One Percent and Imposing a General Purpose Transactions and Use Tax at a Rate of One and One-Half Percent, to be Administered by the California Department of Tax and Fee Administration, subject to Adoption by the Electorate City Manager Norgaard reported that the Council approved the introduction and First Reading of the Ordinance at the June 21, 2022 Council meeting. She reported on the current sales tax and that if approved by a majority of the voters in Sand City, it would raise the sales tax to 9.25%. If passed, the additional revenue would stay in the city and be placed in the general fund for uses such as to improve streets, sidewalks, and parking.
6:26 P.M. Floor opened for Public Comment.
Sand City resident Luke Kilpatrick commented on why the City has not considered raising the transactions and use tax to 9.5% rather that the 9.25%.
City Manager Norgaard mentioned that the Transactions and Use Tax measure failed to garner enough votes during the 2020 Election.
Mr. Kilpatrick expressed his concerns of the loss of revenues from the desalination plant and shoppers who would be paying the sales tax.
City Manager Norgaard noted that it would be up to the residents to vote in favor of the measure.
Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 07.05.22 Regular Meeting
Interim City Attorney Lindgren commented that the Mayor’s argument in favor of the measure may be written to express those concerns.
6:29 P.M. Floor closed to Public Comment.
Motion to waive reading in full and adopt the SECOND READING: of Ordinance by title only, of the City of Sand City Replacing the Existing General-Purpose Transactions and Use Tax at a Rate of One Percent and Imposing a GeneralPurpose Transactions and Use Tax at a Rate of One and One-Half Percent, to be Administered by the California Department of Tax and Fee Administration, subject to Adoption by the Electorate 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.
8D. SECOND READING: of Ordinance to Establish Standards, Procedures and Fees for Short-Term Rental of Property in Sand City (Short-Term Rental Ordinance)
City Manager Norgaard reported that this item was considered for First Reading at the May 9, 2022 Council meeting, that the Ordinance includes regulations, and sets forth the permitting process. Mrs. Norgaard summarized the provisions contained in the Ordinance such as 2 occupants per bedroom, no group gatherings, no sign advertising, owner appointed site manager, requires TOT tax to be submitted, etc.
City Attorney Lindgren noted that the Ordinance also includes the annual inspection and mechanism to inspect the units.
Mayor Carbone indicated that the Ordinance further provides that no STR be allowed in affordable housing or workforce units.
6:40 P.M. Floor opened for Public Comment.
There were no comments from the Public in person, via writing or through telecommunications.
6:40 P.M. Floor closed to Public Comment.
Motion to waive reading in full and adopt by title only, the SECOND READING: of Ordinance to Establish Standards, Procedures and Fees for Short-Term Rental of Property in Sand City (Short-Term Rental Ordinance) 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 9, NEW BUSINESS
9A. Consideration of City RESOLUTION Establishing a Short-Term Rental Permit CAP and Adopting a Short-Term Rental Permit Application Fee and Inspection Fee and a Short-Term Rental Renewal Fee
Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 07.05.22 Regular Meeting
City Manager Norgaard noted that the adopted Ordinance allows the establishment of fees and sets a CAP on short term rentals allowed. The resolution is drafted and sets the CAP at 15 rentals. The actual number would be disclosed once applications start to be submitted.
Interim City Attorney Adam Lindgren reported that Staff has conducted a survey, listened to people, and went on line. Units that appear are only for specific dates available, and the possibility that some rentals may not appear may possibly be unite that are consistently rented. Staff recommendation is that the CAP brought before the Council can be changed in the future on an annual basis, sets the CAP to existing units slightly higher than units being identified in the City, and fees can also be reviewed and changed.
Mrs. Norgaard added that the fees established includes staff time, hours to conduct the inspection, and takes into consideration staff’s hourly rate. She also addressed Council Member Blackwelder’s questions regarding how fees would be received, and that every property owner had been notified of the public hearing of this Ordinance.
Mr. Lindgren mentioned that existing STR’s operators could have the first opportunity to apply for the permit, and anyone operating illegally is subject to code enforcement.
Council Member Sofer commented that people who come into the City should check local laws and Ordinances.
Council Member Hawthorne spoke to improving and ensuring adequate parking for all venues in the City.
6:54 P.M. Floor opened for Public Comment.
Sand City resident Luke Kilpatrick thanked the Council for the Ordinance, for not shutting down STR’s, and welcomes home inspections as it retains the property value in the City.
6:56 P.M. Floor closed to Public Comment.
Motion to approve the City Resolution establishing a Short -Term Rental Permit CAP and Adopting a Short-Term Rental Permit Application Fee and Inspection Fee and a Short-Term Rental Renewal Fee was made by Council Member Hawthorne, seconded by Council Member Sofer. Roll call Vote AYES: Council Members Blackwelder, Carbone, Cruz, Hawthorne, Sofer. NOES: None. ABSENT: None.
ABSTAIN: None. Motion carried.
{Council Member Cruz recused from the virtual/in person meeting due to a possible conflict of interest by residing within 500’ of the subject property} Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 07.05.22 Regular Meeting
9B. Consideration of City RESOLUTION Naming the City Park Easement within the South of Tioga Project and Rescinding Resolution SC 22-51, 2022 City Manager Norgaard reported that this item was considered by the Council on May 3rd and June 7th, and on June 21st the Council voted to reconsider the name that was chosen on June 7, 2022. She reported on the names that were suggested such as Orosco Family Park, Orosco Corner, Veterans Park, Blue Butterfly park, Carbone Park with the most recent suggested names of Achasta Park which means Monterey Bay, and Esselen-Ohlone Park.
Council Member Hawthorne suggested Don’s Park in tribute to Don Orosco who worked hard for 25 years, and to give tribute to the person who worked on this project for so long.
Council Member Sofer expressed her agreement with Mr. Hawthorne, and also the name Esselen-Ohlone Park.
7:08 P.M. Floor opened for Public Comment.
Sand City resident Steve Wilson commented that Mrs. Carbone is well deserving of the park to be named after her as she has served the City for 30 years.
Mayor Carbone thanked Mr. Wilson for his kind words.
Mr. Wilson added that Carbone Park sounds nice as well.
Council Member Hawthorne commented that a park should not be named after a living person as it may pose a possible conflict and may not be politically correct.
Virtual Attendee Meli Hill appreciated all the effort in naming the park with a lot of great ideas, and thanked the Council for bringing it back. 7:14 P.M. Floor closed to Public Comment.
Mayor Carbone thanked Mr. Wilson for suggesting dedicating the park after her, commented that she is a community advocate, gave a lot of thought to the last name given, and of the first peoples that inhabited the land, and would like to name the park, Esselen-Ohlone Park. She reported on her conversation with Developer Mr. Sheller prior to this regarding signage , and a name the befits the area.
Mr. Hawthorne commented that it would be a good name in tribute to a people that has very few members left.
Motion to approve the City Resolution Naming the City Park Easement within the South of Tioga Project and Rescinding Resolution SC 22 -51, 2022 was made by Council Member Blackwelder, seconded by Council Member Hawthorne. Roll call Vote AYES: Council Members Blackwelder, Carbone, Hawthorne, Sofer. NOES: None. ABSENT: None.
ABSTAIN: Council Member Cruz, Motion carried.
9C. Consideration of City RESOLUTION Authorizing Cost of Living Adjustment for Regular (Miscellaneous) Employees
Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 07.05.22 Regular Meeting
City Manager Norgaard reported that this item was discussed in closed session on June 7, 2022, the attached resolution would authorize the City Manager to increase employee salaries, excluding the POA by 4%. The City’s approved budget would be amended to reflect the change.
7:21 P.M. Floor opened for Public Comment.
There were no comments from the Public in person, via writing or through telecommunications.
7:21P.M. Floor closed to Public Comment.
Motion to approve the City Resolution authorizing Cost of Living Adjustment for Regular (Miscellaneous) Employees 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.
9D. Council Discussion on the Process for Organizing Campaign to Support the Transaction and Use Tax Measure
Mayor Carbone reported that this Ordinance has be brought to the Council and approved. She mentioned that the Council would need to advocate for the measure, the importance of transparency, what the initiative would do for the City in light of the loss in revenues from the desalination plant, and that the revenues would be used to help improve City streets.
Interim City Attorney Adam Lindgren suggested that the Mayor divide the work to write an argument in favor of the measure and a process to provide public information. He reported on the process of how to engage in a conversation, volunteers to assist the Mayor, creating a committee, and using caution in using City funds and resources in regard to the measure.
Mayor Carbone suggested meeting outside of the City to discuss the measure.
Mr. Lindgren commented that the Council has done everything they need to do to bring the measure before the voters, will email the Council of Brown Act rules, and provide a roadmap of the next steps.
Council Member Sofer reminded the Council of how the previous City Manager used a VW wagon to advocate for the measure, and sending postcards.
Mr. Lindgren noted that the City can spend money to objectively advocate, and the City can take policy actions that might articulate what the City would do and what the tax measure would provide.
9E. Consideration of Cancelling Future City Council meeting scheduled for August 2, 2022
Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 07.05.22 Regular Meeting
Motion to cancel the City Council meeting scheduled for August 2, 2022 was made by Council Member Hawthorne, seconded by Council Member Blackwelder. There was consensus of the City Council to cancel the August 2, 2022 Council meeting. 9F. Comments by Council Members on Items of Interest to Sand City Council Member Sofer commented on the use of illegal fireworks in Sand City.
Council member Cruz reported that last night’s news reported that the City of Seaside Council will introduce a bill to ban fireworks. 7:41 P.m. Sand City resident Michele Djokic suggested that maybe the City can place no parking signs, encourage people to not use illegal fireworks, and establishing signage.
Mr. Lindgren reported on communities that have provided public information and that it was distributed early and well in advance of July 4th.
Mayor Carbone mentioned that Sand City has banned the sale of fireworks.
City Manager Norgaard noted that this would be placed on a future agenda well in advance of the 4th of July.
7:53 P.M. Floor closed for public comment.
9G. Upcoming Meetings/Events
Council Member Sofer mentioned the upcoming Monterey Peninsula Business Excellence Awards, and an event sponsored by the Homeless Coalition.
AGENDA ITEM 10, ADJOURNMENT
There was consensus of the Council to adjourn the meeting at 7:58 p.m. to the next regularly scheduled Council meeting on August 16, 2022 at 5:30 p.m. _______________________________
Connie Horca, City Clerk