_____________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 01.17.2023 Regular Meeting
MINUTES
JOINT SAND CITY COUNCIL AND SUCCESSOR
AGENCY OF THE REDEVELOPMENT AGENCY
Regular Meeting - Tuesday, January 17, 2023
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 Hawthorne
Councilmember Sofer
Absent: Councilmember Cruz
Staff: Vibeke Norgaard, City Manager
Stephanie Downs, Partner on behalf of Adam Lindgren, Interim City Attorney (virtual attendance)
Charles Pooler, City Planner (virtual attendance)
Connie Horca, City Clerk
Michel Mount, Police Sergeant
AGENDA ITEM 2, PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Sergeant Michael Mount.
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 reported on the weekend storm, distribution of Covid-19 tests to the Shabu Shake Center, CHS, and Shoreline Church. She notified homeless people of available shelters during the storms, attended a Martin Luther King March in Seaside and the unveiling ceremony at the Marina Library of the new Martin Luther King statue.
City Manager Norgaard commended Mayor Carbone for her Covid tests distribution efforts, and reported on her Emergency Office of Communications meetings that were held twice a day during the storm. She reported on the results of the Budget Committee meeting, purchase of the public works dump truck, progress of the South of Tioga project sidewalk installation, and finalization of contracts for the Calabrese Park and West Bay projects. _____________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 01.17.2023 Regular Meeting
Mayor Carbone introduced Stephanie Downs from Meyers Nave, who will be filling in for Interim City Attorney Adam Lindgren.
AGENDA ITEM 5, COMMUNICATIONS
5:44 P.M. Floor opened for Public Comment.
Sand City resident Luke Kilpatrick inquired whether comments regarding agenda item 8A can be heard and was advised that comments for the item can be addressed when the item is being considered.
Mr. Pooler commented that no work should be done until the issue for the property is resolved.
City Manager Norgaard added that the item can be heard at the February 7, 2023 Council meeting
5:46 P.M. Floor closed to Public Comment.
AGENDA ITEM 6, CONSENT CALENDAR
City Clerk Horca commented on corrections to page 8, item 6A of the December 20, 2022 Council meeting to change the title from “Attorney” to Manager, and to add the title of “RE-Gen” to the appointments list in relation to the MRWMD Board. 6A. There was no discussion of the December 20, 2022 Council Meeting Minutes. 6B. There was no discussion of the City/Successor Agency Monthly Financial Report, November 2022.
6C. There was no discussion of the City Resolution Confirming Members of the Sand City Arts Committee.
6D. There was no discussion of the City Resolution Making Re- Appointment of Greg Hawthorne to the Sand City Design Review Committee until January 31st of 2025. 6E. There was no discussion of the City Resolution Updating Appointments to Various Local and Regional Agencies and Boards, effective January 18, 2023. 6F. 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 January 18, 2023 through February 16, 2023 pursuant to AB 361 and Ralph M. Brown Act Provisions.
_____________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 01.17.2023 Regular Meeting
5:48 P.M. Floor opened for Public Comment.
There were no comments from the Public in person, via writing or through telecommunications.
5:48 P.M. Floor closed to Public Comment.
Motion to approve the Consent Calendar items with changes as indicated, 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.
AGENDA ITEM 7, CONSIDERATION OF ITEMS PULLED FROM CONSENT CALENDAR There were no items pulled from the Consent Calendar.
AGENDA ITEM 8, PUBLIC HEARING
{Due to a possible conflict of interest by residing within 500 feet of the subject property, Mayor Carbone stepped down from the dais. Council Member Cruz is absent} Vice Mayor Blackwelder presided over the meeting.
8A. Consideration of City RESOLUTION to Amend Conditional Use Permit 630 Authorizing Design Change of Exterior Wall and Removal of Upper-Level Deck at 1880 Park Avenue {Council to consider continuing this Public Hearing to the next regularly scheduled Council meeting on February 7, 2023} City Manager Norgaard requested Council’s consideration of a continuation to the February 7, 2023 council meeting due City Staff’s attempts to work out a solution. 5:51 P.M. Floor opened for Public Comment.
Sand City resident Megan Dole inquired whether plans for the construction were submitted to the City.
City Manager Norgaard, responded that plans for the original design were received by the City.
Mr. Pooler added that a building permit was issued; however the floor plan and elevation changes are the issue and that the building official is coordinating with the builder.
Sand City resident Kate Tolles commented that the property splits between hers and her neighbors.
City Planner Pooler added that he will contact the building official regarding other properties being affected.
_____________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 01.17.2023 Regular Meeting
Sand City resident Julie Essinger commented that her view is being obstructed by the construction.
Vice Mayor Blackwelder remarked that the project was originally approved several years ago, and that Council is waiting for details regarding the item to come back for Council’s consideration.
Sand City resident Richard Dole commented that he sees a second-story going up, came to City Hall to view the original plans, and that they were inconsistent with what is being built.
Sand City resident Cathy Francini received confirmation that the project is on hold.
The public was informed that complaints may be submitted to City Hall.
Sand City resident Julie Essinger added that their view is gone and that the builders seem to be doing what they want.
City Manager Norgaard suggested that the public attend the February 7, 2023 meeting should the Council decide to continue the item, and express their comments at that meeting.
6:12 P.M. Floor closed to Public Comment.
Motion to continue the City Resolution to Amend Conditional Use Permit 630 Authorizing Design Change of Exterior Wall and Removal of Upper-Level Deck at 1880 Park Avenue to the February 7, 2023 Council meeting was made by Council Member Hawthorne, seconded by Council Member Sofer. Roll call Vote AYES:
Council Members Blackwelder, Hawthorne, Sofer. NOES: None. ABSENT: Council Member Cruz. ABSTAIN: Council Member Carbone. Motion carried. {Council Member Carbone returned to the dais}
AGENDA ITEM 9, NEW BUSINESS
9A. Consideration and Approval of City RESOLUTION Authorizing the City Manager to Execute a Professional Services Agreement between the City of Sand City and Hinderliter, DeLlamas & Associates (HdL) for Transactions and Use Tax Audit & Information Services for Measure "L"
City Manager Vibeke Norgaard presented the agenda item and reported that on November 8, 2022, the voters of the City of Sand City voted in favor of Measure “L” which increases the transactions and use tax to one and one-half percent to be administered by the California Department of Tax and Fee Administration (CDTFA).
A contract was entered into in 2015 for Measure “J” and It is necessary to amend the current agreement with Hinderliter de Llamas and Associates (HdL) to apply it to the Measure “L” transactions and use tax. She noted that the fiscal impact would increase the City’s monthly payment from $100 to $200, with no change to the audit recovery fees of $25%, and further explained the process of fee recovery. _____________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 01.17.2023 Regular Meeting
City Manager Norgaard responded to Council Member Sofer’s inquiry that HdL will perform tax audits. She also clarified the increase of service fees for Mayor Carbone.
6:12 P.M. Floor opened for Public Comment.
There were no comments from the Public in person, via writing or through telecommunications.
6:12 P.M. Floor closed to Public Comment.
Motion to approve the City Resolution authorizing the City Manager to Execute a Professional Services Agreement between the City of Sand City and Hinderliter, De Llamas & Associates (HdL) for Transactions and Use Tax Audit & Information Services for Measure "L" 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.
9B. Approval of Upcoming City Events for 2023
The Council discussed the upcoming City Events, and why the we.mural festival was not on the events list. City Manager Norgaard commented that at the last Council meeting, there was discussion that the Arts Committee would seek walls, that a we.mural festival should not coincide with Car Week, and that it can be added once Council decides whether it wants a mural festival in 2023.
Motion to approve the dates for upcoming Sand City events as listed was made by Council Member Sofer, 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. 9C. Comments by Council Members on Items of Interest to Sand City Vice Mayor Blackwelder reported on his attendance at the Waste Management meeting, SB 1383, rebranding of MRWMD to ‘Re-Gen”, what to do with organic waste being brought in, and a future feasibility study to analyze BTU’s.
There was Council discussion regarding waste biomass as a renewable source of energy, processing of plastics into fuel, and a 40 acre pilot program.
Council Member Sofer reported on her attendance at the Monterey Peninsula chamber of Commerce meeting, loans for economic and physical property damage as a result of the storms.
Mayor Carbone wished Sand City resident Dierdre Bascou a Happy Birthday.
AGENDA ITEM 10, CLOSED SESSION
_____________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 01.17.2023 Regular Meeting
6:30 p.m. The Mayor opened the floor for public comment regarding the closed session item, and seeing none, closed the floor for public comment.
6:31 p.m.
10A. City Council/Successor Agency Board adjourned to Closed Session regarding Conference with labor negotiator pursuant to California Government Code Section 54957.6
1) Agency designated representative: Vibeke Norgaard, City Manager; Adam Lindgren, Interim City Attorney
Employee Organization: Sand City Police Officers Association (POA) 7:20 p.m.
10B. Re-adjourned to Open Session to report any action taken at the conclusion of Closed Session in accordance with California Government Code Section 54957.1
The labor negotiator received confidential direction from the City Council regarding labor negotiation.
AGENDA ITEM 11, ADJOURNMENT
There was consensus of the Council to adjourn the meeting at 7:21 p.m. to the next regularly scheduled meeting on Tuesday, February 7, 2023 at 5:30 p.m. ____________________________
Connie Horca, City Clerk