__________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 12.20.22 Regular Meeting
MINUTES
JOINT SAND CITY COUNCIL AND SUCCESSOR
AGENCY OF THE REDEVELOPMENT AGENCY
Regular Meeting - Tuesday, December 20, 2022
5:30 PM
As allowed per Assembly Bill (AB361), this meeting was conducted in person and by teleconference
Mayor Carbone opened the meeting at 5:30 p.m.
AGENDA ITEM 1, ROLL CALL
Present: Mayor Mary Ann Carbone
Council Member Blackwelder
Councilmember Cruz {excused absence}
Councilmember Hawthorne
Councilmember Sofer
Staff: Vibeke Norgaard, City Manager
Adam Lindgren, Interim City Attorney (virtual attendance) Connie Horca, City Clerk
Vito Graziano, Police Commander
AGENDA ITEM 2, PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Commander Graziano.
AGENDA ITEM 3, INVOCATION
The invocation was led by Reverend Robert Hellam.
AGENDA ITEM 4, ANNOUNCEMENT BY MAYOR, CITY ATTORNEY, AND CITY MANAGER Mayor Carbone announced that her Mayor’s report for November/December was distributed to the Council, and reported on her attendance at the 3CE meeting and their appointment of a new CEO.
City Manager Norgaard announced an upcoming Budget/Personnel Committee meeting to review the Fiscal Year 21-22 audit results, announced the retirement of Commander Graziano after 30 years with the City, and reported on the South of Tioga project that is currently installing curb and gutters along California Avenue. She also provided an update on the Habitat area signage, construction of Esselen Ohlone Park, contract for the West Bay Street repair project, and announced that City Hall will be closed between Christmas and New Year’s Day.
Interim City Attorney Adam Lindgren expressed his congratulations on voter approval of Measure L, summarized Assembly Bill 2449 on remote meeting participation, and differences with the existing AB 361 remote teleconferencing rules.
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Mayor Carbone also announced plans for a ‘Gathering” on May 6th, and explained a new ‘Feather Alert” that is designed to alert the public of missing people of native decent, and mentioned legislation pertinent to law enforcement and highway patrol officers.
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, SWEARING IN CEREMONY OF ELECTED OFFICIALS 6A. Approval of City RESOLUTION Declaring the Results of the November 8, 2022 General Municipal Election
City Manager Norgaard presented the staff report and resolution that indicates the results of the November 8, 2022 General Municipal Elections and that the statement of votes cast is deemed to be accurate. Staff recommends approval of the resolution declaring the results of the November 8, 2022 General Municipal Election. 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 City Resolution declaring the Results of the November 8, 2022 General Municipal Election was made by Council Member Hawthorne, seconded by Council Member Sofer. Roll call Vote AYES: Council Members Blackwelder, Carbone, Hawthorne, Sofer. NOES: None. ABSENT: Council Member Cruz. ABSTAIN: None. Motion carried.
6B. Swearing in Ceremony of Elected Officials:
1) Mary Ann Carbone - Mayor
2) Jerry Blackwelder and Elizabeth Sofer - Council Members City Clerk Horca performed the Swearing in Ceremony of Mayor Carbone, and Council Members Jerry Blackwelder and Elizabeth Sofer.
AGENDA ITEM 7, CONSENT CALENDAR
7A. There was no discussion of the December 6, 2022 Council Meeting Minutes. 7B. There was no discussion of the City/Successor Agency Monthly Financial Report, October 2022.
__________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 12.20.22 Regular Meeting
7C. There was no discussion of the City Resolution authorizing the Extension of Remote Teleconference Meetings of the City Council and Boards, Commission, and Committees for the Period of December 21, 2022 through January 20, 2023. 7D. There was no discussion of the Approval of Addition to 2022 Appointments List.
7E. There was no discussion of the approval of City Donation/Contribution to Jacob's Heart Children Cancer Support Services for $250.
5:52 P.M. Floor opened for Public Comment.
There were no comments from the Public in person, via writing or through telecommunications.
5:52 P.M. Floor closed to Public Comment.
There was Consensus of the Council to approve the Consent Calendar items by a roll call Vote. AYES: Council Members Blackwelder, Carbone, Hawthorne, Sofer. NOES: None.
ABSENT: Council Member Cruz. ABSTAIN: None. Motion carried.
AGENDA ITEM 8, CONSIDERATION OF ITEMS PULLED FROM CONSENT CALENDAR There were not items pulled from the Consent Calendar.
AGENDA ITEM 9, PUBLIC HEARING
Interim City Attorney Lindgren announced that Council Member Cruz is legally unable to participate in the meeting, and that a name draw will be held between Council Members Blackwelder, Hawthorne, and Sofer.
{Following the name draw, Council member Blackwelder stepped down from the dais due to a possible conflict of interest by residing within 500 feet of the subject property} 9A. Consideration and Approval of City RESOLUTION to Approve Coastal Development Permit 22-02 for Karma Circle U.S.A. Conducting Inventory Storage and Wholesale Distribution at 325 Elder Avenue, Unit 4 City Planner Charles Pooler presented the application submitted by Dee Shrestha of Karma Circle for a storage and wholesale distribution of clothing within a 3,000 square foot unit at 325 Elder Avenue. Mr. Pooler provided the site description of the building, project description of proposed storage of clothing items, and utilization of an accessory office. Staff recommends extended hours of operation be from 9:00 a.m. to 5:00 p.m. daily and 9:00 a.m. to 5:00 p.m. on weekends to allow flexibility and consistency with other commercial uses in the area. The property can accommodate adequate parking with minimal impact, as the applicant is the only employee. Shipments and deliveries are through UPS or similar shipping companies and no large semi-trucks are anticipated to cause traffic impacts. No __________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 12.20.22 Regular Meeting
additional water allocation is required for the applicants use, and Staff recommends approval of the Coastal Development Permit.
6:01 P.M. Floor opened for Public Comment.
Mr. Shrestha commented that Karma Circle used to be at the ATC, is located at the Cannery Row, has products that are manufactured in Nepal and Indonesia, and that the storage facility would provide the goods for the retail store and customers.
In response to Council Member Sofer’s question regarding what kind of clothing is sold, Mr. Shrestha responded that ethnic clothing is sold. He also clarified where the retail store is located along Cannery Row.
Mr. Pooler interjected that the permit language does allow for occasional retail sales at the location.
The Mayor inquired whether the applicant was in agreement with conditions of the permit. The applicant responded that he was in agreement with permit conditions. 6:06 P.M. Floor closed to Public Comment.
Motion to approve the City Resolution to Approve Coastal Development Permit 22-02 for Karma Circle U.S.A. Conducting Inventory Storage and Wholesale Distribution at 325 Elder Avenue, Unit 4 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 Cruz. ABSTAIN: Council Member Blackwelder. Motion carried.
AGENDA ITEM 10, NEW BUSINESS
10A. Consideration and Approval of City RESOLUTION Approving Special Event Permit 23-01 for a Bicycle Criterium on July 23, 2023 in the West End District City Planner Pooler presented the staff report for Special Event Permit 23-01 for a bicycle criterium on July 23, 2023. He reported that the first event was held on Sunday July 23, and the applicant would like to continue this event on an annual basis. Mr.
Pooler reported on the street location, proposed parking location, planned residential notification and no-parking signs will be installed 72 hours prior to the event, and that a traffic control plan was submitted to the City. He further reported on the complaints submitted by residents regarding the restricted ingress and egress, and that notification of street closures was not received. Staff recommends the Applicant augment public outreach with notices left at doorstops to both residents and businesses throughout the entire West End District, and despite the complaints, the event occurred.
Mr. Pooler responded to Council Member Blackwelder’s inquiry regarding the residents that complained about their towed vehicle.
City Manager Norgaard added that she informed the owner of the business that was impacted by the September event.
__________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 12.20.22 Regular Meeting
Event Co-Ordinator Tom McCullough provided a brief presentation on the Bicycle Criterium. He reported that he followed up with some of the concerns, how the event will be promoted, and to conduct an outreach to the artist community who may want to participate. Mr. McCullough thanked the Police Department and staff, and respectfully requested that the Council consider approval of the Special Event Permit.
Council Member Sofer commented on the parking, towed vehicle, and that adequate information be provided to residents impacted by the event.
Mr. McCullough remarked that ‘no parking’ signage is placed 3 days in advance, will be more explicit in the signage, and will be adding that the roads will be closed. 6:22 P.M. Floor opened for Public Comment.
There were no comments from the Public in person, via writing or through telecommunications.
6:22 P.M. Floor closed to Public Comment.
Motion to approve the City Resolution approving Special Event Permit 23-01 for a Bicycle Criterium on July 23, 2023 in the West End District was made by Council Member Hawthorne, seconded by Council Member Blackwelder. Roll call Vote AYES: Council Members Blackwelder, Carbone, Hawthorne, Sofer. NOES: None. ABSENT: Council Member Cruz. ABSTAIN: None. Motion carried.
10B. Discussion and Direction regarding the 2023 Mural Festival City Manager Norgaard presented the staff report to the Council, and in February 2022, a contract was approved with So-Gnar Inc. for a third mural festival, and they were responsible to curate and manage the festival held on August 18-August 28, 2022. Ms. Norgaard reported on the proposed budget of $80,000, an increase of $15,000 because of an agreement with So-Gnar that it would take on the entire management and execution of the festival with minimal staff involvement. The entire amount allocated for the event had been spent, and approval of a 2023 we.mural festival would require that City fund the line item. Staff recommends the Council discuss whether it would like to continue the we.mural festival in 2023, if the Council desires a similar budget as it approved in 2022, or to follow recommendation by the Arts Committee to have staff prepare and RFP, and if so, would the RFP be similar to the one attached in the agenda packet.
The Council discussed the 2022 we.mural festival, the issue regarding the mural that ended up being painted on the street, a visual of what walls will be painted and where, art with no political overtones, fun, and lively, the lack of getting walls, a property owner who backed out, make sure that there are walls available, have other people bid on the RFP, and whether the City is over-saturated with murals.
Council Member Hawthorne suggested that the RFP be put out and tighten the loose ends.
__________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 12.20.22 Regular Meeting
Council Member Sofer mentioned her countless hours looking for a wall for the artist, and whether there are any walls left to paint.
Council Member Hawthorne remarked that current walls could be repainted, that the City has not yet reached the saturation point, and continuing the momentum. If no one wants to do it, then it is done.
City Manager Norgaard suggested that the Arts Committee conduct an informal request whether there are any walls that could be painted. 6:41 P.M. Floor opened for Public Comment.
There were no comments from the Public in person, via writing or through telecommunications.
6:41 P.M. Floor closed to Public Comment.
Mayor Carbone commented that the Arts Committee should find walls, and solidify those who express a concrete interest.
City Manager Norgaard summarized Council direction to tentatively move forward with the mural festival dependent on the walls, with Council Member Hawthorne to come back with how many walls are available, and if walls are available, that an RFP/contract be brought before the Council in February. 10C. Consideration of City RESOLUTION Authorizing the City Manager to Execute a Professional Service Agreement with California Consulting at a cost not to Exceed $20,000 to Perform Grant Related Services
City Manager Vibeke Norgaard presented the staff report for grant related services with California Consulting, a firm based in California that conducts grant research and identification, and will work with City Staff to identify grants for the City. Staff proposes an agreement with California Consulting to secure grants on a per grant basis plus out of pocket expenses. The contract would not exceed $20,000 and is effective through June 30, 2023, and can be amended in June should the Council decide to retain their services.
Mr. Marquez of California Consulting commented that in terms of the billing, that would be addressed by the billing department. City Manager Norgaard clarified the billing process regarding meeting with staff, applying for grants, and grant administration.
Interim City Attorney mentioned that large cities get a stream of grants as they have adequate staff and that obtaining a grant writing team would seem feasible. 6:58 P.M. Floor opened for Public Comment.
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There were no comments from the Public in person, via writing or through telecommunications.
6:58 P.M. Floor closed to Public Comment.
Council Member Sofer commented that she was able to run a fire department because of investing in two grant writers. If the City can find a grant writer who is sensitive to the needs of the City, it would make a world of difference.
Motion to approve the City Resolution authorizing the City Manager to Execute a Professional Service Agreement with California Consulting at a cost not to Exceed $20,000 to Perform Grant Related Services was made by Council Member Hawthorne, seconded by Council Member Blackwelder. Roll call Vote AYES: Council Members Blackwelder, Carbone, Hawthorne, Sofer. NOES: None. ABSENT: Council Member Cruz. ABSTAIN:
None. Motion carried.
10D. Consideration and Approval of City RESOLUTIONS regarding Implementation of Local Transactions and Use Tax:
1) Adoption of City RESOLUTION Authorizing the City Manager to Execute Agreements with the California Department of Tax and Fee Administration for Implementation of a Local Transactions and Use Tax at a Rate of One and One-Half Percent
2) Adoption of City RESOLUTION Authorizing the Examination of Sales or Transaction and Use Taxes Records
City Manager Norgaard presented the staff report regarding the Implementation of Local Transactions and Use Tax (TUT), summarized the Ordinance adopted by the Council on July 5, 2022 and adopted by the Electorate on November 8, 2022. She reported that the California Department of Tax and Fee Administration (CDTFA) will be responsible to collect the transactions and use tax, and that the attached resolutions were sent to the City by the State, and is required for the CDTFA to collect, administer and implement the TUT. Collection of the tax will begin on April 1, 2023, and noted the not to exceed amount of the preparatory costs which may be much less for smaller cities. Sand City paid $7,200 in 2015.
Interim City Attorney added that although the preparatory costs seem quite significant, it should not be of much concern.
7:07 P.M. Floor opened for Public Comment.
There were no comments from the Public in person, via writing or through telecommunications.
7:07 P.M. Floor closed to Public Comment.
1) Motion to approve the City Resolution authorizing the City Manager to Execute Agreements with the California Department of Tax and Fee Administration for Implementation of a Local Transactions and Use Tax at a Rate of One and One-Half __________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 12.20.22 Regular Meeting
Percent was made by Council Member Blackwelder, seconded by Council Member Hawthorne. Roll call Vote AYES: Council Members Blackwelder, Carbone, Hawthorne, Sofer. NOES: None. ABSENT: Council Member Cruz. ABSTAIN: None. Motion carried. 2) Motion to approve the City Resolution authorizing the Examination of Sales or Transaction and Use Taxes Records was made by Council Member Blackwelder, seconded by Council Member Hawthorne. Roll call Vote AYES: Council Members Blackwelder, Carbone, Hawthorne, Sofer. NOES: None. ABSENT: Council Member Cruz.
ABSTAIN: None. Motion carried.
10E. Consideration of Cancelling Future Council Meeting PURPOSE: It is proposed that the City Council cancel the City Council meeting scheduled for January 3, 2023 to minimize conflict with the Christmas and New Year’s Holiday closure of City Hall, December 23, 2022 – January 2, 2023
There was consensus of the Council who were present to cancel the January 3, 2023 Council meeting.
7:11 P.M. Floor opened for Public Comment.
There were no comments from the Public in person, via writing or through telecommunications.
7:11 P.M. Floor closed to Public Comment.
Mayor Carbone confirmed the unanimous vote
10F. Comments by Council Members on Items of Interest to Sand City Council Member Hawthorne wished everyone a Merry Christmas. 10G. Upcoming Meetings/Events
City Clerk Horca announced the upcoming Monterey Peninsula Chamber of Commerce Luncheon to be held on January 25, 2023.
AGENDA ITEM 11, ADJOURNMENT
The Mayor closed the meeting with a moment of silence in memory of a well know Seaside resident, Mr. James Claypool.
There was consensus of the Council to adjourn the meeting at p.m. to the next regularly scheduled meeting on Tuesday, January 17, 2023 at 5:30 p.m. _______________________________
Connie Horca, City Clerk
__________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 12.20.22 Regular Meeting