___________________________________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes
07.19.22 Regular Meeting
MINUTES
JOINT SAND CITY COUNCIL AND SUCCESSOR
AGENCY OF THE REDEVELOPMENT AGENCY
Regular Meeting - Tuesday, July 19, 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 (excused absence)
Councilmember Cruz (virtual attendance)
Councilmember Hawthorne (virtual attendance)
Councilmember Sofer
Staff: Vibeke Norgaard, City Manager (virtual attendance) Connie Horca, City Clerk
Adam Lindgren, Interim City Attorney (virtual attendance) Chuck Pooler, City Planner (virtual attendance)
Police Chief, Brian Ferrante
AGENDA ITEM 2, PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Police Chief Brian Ferrante.
AGENDA ITEM 3, INVOCATION
The invocation was led by Reverend Robert Hellam.
AGENDA ITEM 4, ANNOUNCEMENT BY MAYOR, CITY ATTORNEY, CITY MANAGER The Mayor announced that Council Members are also welcome to provide their comments at this time following announcements by City Staff.
City Manager Norgaard expressed her apologies for the delay of the City Manager’s report.
She provided updates on the Calabrese Park noticing and bidding process, Ortiz Avenue concrete restoration work of driveways and curbs, upcoming meeting with the Arts Committee to consider the Murals, Special Council meeting on August 9, 2022, and writer James Herrera who would like to do an article on the South of Tioga.
Interim City Attorney Adam Lindgren announced his plans to attend the League of California Cities Conference in September, looks forward to meet any Council Members that plan on attending, and is available to attend a session of interest to Council to take notes and report back.
___________________________________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes
07.19.22 Regular Meeting
Mayor Carbone reported on the success of last week’s street dedication of Shake Avenue that included the attendance of several dignitaries from surrounding agencies and boards.
Council Member Hawthorne reported on the upcoming Arts Committee meeting that will review mural submissions, the upcoming West End Celebration, and the inability of opening the Hawthorne Studios during West End due to construction. He hopes to be open for next year’s celebration.
AGENDA ITEM 5, COMMUNICATIONS
5:41 P.M. Floor opened for Public Comment.
There were no comments from the Public in person, via writing or through Telecommunications.
5:41 P.M. Floor closed to Public Comment.
AGENDA ITEM 6, CONSENT CALENDAR
6A. There was no discussion of the June 21, 2022 Regular Meeting Minutes. 6B. There was no discussion of the City authorizing Renewal of a Maintenance Services Agreement with HOPE Rehabilitation Services for FY 2022-2023 6C. There was no discussion of the City Resolution authorizing the Extension of Remote Teleconference Meeting of the City Council and Boards, Commission, and Committee for the Period of July 20, 2022 through August 18, 2022 pursuant to AB 361 and Ralph M. Brown Act Provisions
5:43 P.M. Floor opened for Public Comment.
There were no comments from the Public in person, via writing or through telecommunications.
5:43 P.M. Floor closed to Public Comment.
Motion to approve the Consent Calendar items was made by Council Member Cruz, seconded by Council Member Sofer. Roll call Vote AYES: Council Members Carbone, Cruz, Hawthorne, Sofer. NOES: None. ABSENT: Council Member Blackwelder. 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
8A. Consideration of FIRST READING of City ORDINANCE Amending Title 5 of the Sand City Municipal Code by Adding Chapter 20 "Standards, Procedures, and Fees for Short Term Rentals of Properties in Sand City" ___________________________________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes
07.19.22 Regular Meeting
Interim City Attorney Adam Lindgren reported that this item was brought before the Council during a workshop, pointed out what was missing from the legislation and the necessary form that needed the recitals, appropriate language, errors made by management team, and expressed his apologies regarding the oversight. The attached Ordinance has no substantive changes, and includes the proper form for Council approval.
Mr. Lindgren responded and confirmed Council Member Sofer’s inquiry that there are no changes to the Ordinance.
Mayor Carbone commented that she was aware of this, knows that there is a new team, and suggested that management staff work closely with the City Clerk.
Mr. Lindgren provided clarification in response to Mayor Carbone’s question that the second reading would need to occur at a regularly scheduled meeting, and also reported that he has regular meetings with staff to go over the agenda items. 5:50 P.M. Floor opened for Public Comment.
There were no comments from the Public in person, via writing or through telecommunications
5:50 P.M. Floor closed to Public Comment.
Motion to waive full reading and adopt First Reading of the City Ordinance amending Title 5 of the Sand City Municipal Code by Adding Chapter 20 "Standards, Procedures, and Fees for Short Term Rentals of Properties in Sand City" was made by Council Member Sofer, seconded by Council Member Hawthorne. Roll call Vote AYES: Council Members Carbone, Cruz, Hawthorne, Sofer. NOES: None. ABSENT: Council Member Blackwelder ABSTAIN: None. Motion carried.
AGENDA ITEM 9, NEW BUSINESS
9A. Consideration of City RESOLUTION Approving the City Manager to Sign and Record the Deed Restriction as Required by the State of California Department of Parks and Recreation Per Capita Grant Program City Planner Charles Pooler reported on the background of the per Capita Grants Deed Restriction that was awarded to the City from the State of California in 2020 in the amount of $177,953, and is separate from the ADA grant awarded. These funds would be used to renovate Calabrese Park, replace boardwalks, benches and play equipment, that the deed restriction is required by the State to receive funds, and allows access by the agency to inspect and have access to the park.
Staff recommends approval of the attached resolution.
5:54 P.M. Floor opened for Public Comment.
___________________________________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes
07.19.22 Regular Meeting
There were no comments from the Public in person, via writing or through telecommunications
5:54 P.M. Floor closed to Public Comment.
Motion to approve the City Resolution approving the City Manager to Sign and Record the Deed Restriction as Required by the State of California Department of Parks and Recreation Per Capita Grant Program was made by Council Member Sofer, seconded by Council Member Cruz. Roll call Vote AYES: Council Members Carbone, Cruz, Hawthorne, Sofer. NOES: None. ABSENT: Council Member Blackwelder. ABSTAIN: None. Motion carried.
{Council Member Cruz recused from the meeting due to a possible conflict of interest by residing within 500’ of the subject property}
9B. Consideration of City RESOLUTION Authorizing the City Manager to Accept the Grant of a Conservation Easement Agreement for the Habitat in the South of Tioga Project
City Manager Norgaard reported that this item is a major milestone for the South of Tioga project, and the item is the document that has been worked on for over 1 year with California Department Fish and Wildlife, the Developer, and City Staff.
She explained that the conservation easement is a legal agreement between the Developer and the City that limits use of the land. . Ms. Norgaard relayed the main points regarding the purpose located on page 64 & 65 of the agenda packet. The City has oversight responsibility over the management of the habitat . The easement also defines prohibited uses, and sets forth the developer’s role regarding the habitat area.
Interim City Attorney Adam Lindgren mentioned that this agreement has been complex and the State has made this a difficult process, and it reflects a significant effort between the Developer and Management Team.
City Manager Norgaard also described the final endowment and land management of the habitat.
Council Member Sofer thanked Staff for their hard work on this agreement, mentioned the creation of low-income housing, improvement to the City, and is confident that Staff can work through the hurdles.
City Manager Norgaard responded to Mayor Carbone’s inquiry regarding the last project, that this is a different situation, and that the Developer would need to have an endowment fund in place.
6:07 P.M. Floor opened for Public Comment.
___________________________________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes
07.19.22 Regular Meeting
There were no comments from the Public in person, via writing or through telecommunications.
6:07 P.M. Floor closed to Public Comment.
Motion to approve the City Resolution authorizing the City Manager to Accept the Grant of a Conservation Easement Agreement for the Habitat in the South of Tioga Project was made by Council Member Hawthorne, seconded by Council Member Sofer. Roll call Vote AYES: Council Members Carbone, Hawthorne, Sofer. NOES:
None. ABSENT: Council Member Blackwelder ABSTAIN: Council Member Cruz.
Motion carried.
{Council Member Cruz remained recused for this item}
9C. Consideration of City RESOLUTION Authorizing the City Manager to Accept the Grant of an Access Easement to the Habitat in the South of Tioga Project City Manager Norgaard reported that the attached resolution is another easement related to the habitat, is the area allows access to Habitat 3 as depicted on page 105 of the packet, and is an easement that the developer is granting to the City, so that the City can access that portion of land as part of its monitoring function. 6:11 P.M. Floor opened for Public Comment.
There were no comments from the Public in person, via writing or through telecommunications.
6:11 P.M. Floor closed to Public Comment.
Motion to approve the City Resolution authorizing the City Manager to Accept the Grant of an Access Easement to the Habitat in the South of Tioga Project was made by Council Member Sofer, seconded by Council Member Hawthorne. Roll call Vote AYES: Council Members Carbone, Hawthorne, Sofer. NOES: None.
ABSENT: Council Member Blackwelder. ABSTAIN: Council Member Cruz. Motion carried.
{Council Member Cruz returned to the virtual/in person meeting} 9D. Review and Approval of "Argument in Favor of Ballot Measure" Mayor Carbone presented the Staff report for the argument in favor of the measure, proposes that the Council approve the ballot measure argument in favor of raising the transactions and use tax rate to one and one-half percent that will be presented to the voters, and recommends approval of the attached argument. 6:15 P.M. Floor opened for Public Comment.
There were no comments from the Public in person, via writing or through telecommunications.
___________________________________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes
07.19.22 Regular Meeting
6:15 P.M. Floor closed to Public Comment.
Motion to approve the Argument in Favor of Ballot Measure was made by Council Member Hawthorne, seconded by Council Member Sofer. Roll call Vote AYES:
Council Members Carbone, Cruz, Hawthorne, Sofer. NOES: None. ABSENT:
Council Member Blackwelder. ABSTAIN: None. Motion carried.
City Attorney Adam Lindgren suggested that Staff inform the Council at the next meeting regarding submittal of Election items to reassure the Council that the City’s responsibilities have been fulfilled.
AGENDA ITEM 10, CLOSED SESSION
This item was pulled from the agenda and continued to the August 16, 2022 Council meeting.
10A. City Council/ Successor Agency Board to adjourn to Closed Session regarding:
1) Conference with labor negotiator pursuant to Government Code section 54957.6
Agency designated representative: Vibeke Norgaard, City Manager Employees: Sand City Police Officers Association
10B. Re-adjourn to Open Session to report any action taken at the conclusion of Closed Session in accordance with 54957.1 of the Ralph M. Brown Act.
AGENDA ITEM 11, ADJOURNMENT
There was consensus of the Council to adjourn the meeting at 6:20 p.m. to the next regularly scheduled Council meeting on August 16, 2022 at 5:30 p.m. _______________________________
Connie Horca, City Clerk