Agenda packet, regular meeting — Sand City City Council, July 18, 2023

REGULAR MEETING

JOINT SAND CITY COUNCIL AND

SUCCESSOR AGENCY OF THE

REDEVELOPMENT AGENCY
TUESDAY, JULY 18, 2023
5:30 PM
1 AGENDA

JOINT SAND CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
Regular Meeting - Tuesday, July 18, 2023
5:30 PM

THIS MEETING WILL BE HELD VIRTUALLY AND IN PERSON, IS COMPLIANT WITH ASSEMBLY BILL (“AB”) 2449, SIGNED INTO LAW ON SEPTEMBER 13, 2022, WHICH AMENDS GOVERNMENT CODE SECTION 54953 TO PROVIDE AUTHORITY FOR PUBLIC

AGENCIES TO CONTINUE TO HOLD VIRTUAL MEETINGS AND REMAIN IN COMPLIANCE WITH THE BROWN ACT (GOV. CODE §§ 54950 ET SEQ.).

TO PARTICIPATE IN THE ZOOM COUNCIL MEETING LIVE:
https://us02web.zoom.us/j/4614728829
Meeting ID: 461 472 8829
To participate telephonically by calling the number below:
(669) 900-6833
Meeting ID: 461 472 8829#
If prompted to enter a participant ID, press #
TO PARTICIPATE IN PERSON:

City Hall Council Chamber
1 Pendergrass Way
Sand City, CA
How to submit written Public Comments:

If any member of the public would like to provide written comments at the meeting, please do as set forth below.

Written: All comments received before 8:00 am the day of the meeting will be posted on the City’s website as “Correspondence” under the relevant agenda item and provided to the City Council members at the meeting. Please email your comments to: [email protected].

Read Aloud During the Meeting: Email your comments to [email protected]. When the Mayor opens the public comment period for the relevant agenda item; please indicate the agenda item and title in your email subject line. If you want your comment read aloud, prominently write “Read Aloud at Meeting” at the top of the email and your comments will be read into the record (not to exceed three minutes at staff’s cadence).

DURING EACH MEETING, members of the public may participate by calling and speaking live during the designated time(s), subject to time limits that may be imposed pursuant to the Brown Act at the number provided above. Please use the "raise your hand" option on Zoom, 2 1. ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. INVOCATION

4. ANNOUNCEMENT BY MAYOR, CITY ATTORNEY, AND CITY MANAGER

5. COMMUNICATIONS
Members of the public may address the City Council/Successor Agency on matters not appearing on the City Council/Successor Agency Agenda at this time for up to three minutes. In order that the City Clerk may later identify the speaker in the minutes of the meeting, it is helpful if speakers state their names. Public comments regarding items on the scheduled agenda will be heard at the time the item is being considered by the City Council/Successor Agency.

The City Council Chambers podium is equipped with a portable microphone for anyone unable to come to the podium. If you need assistance, please advise the City Clerk as to which item you would like to comment on and the microphone will be brought to you.

6. CONSENT CALENDAR
The Consent Agenda consists of routine items for which City Council approval can be taken with a single motion and vote. A Council member may request that any item be placed on the Regular Agenda for separate consideration.
6A. Approve the City Council Special Closed Session and Regular Meeting Minutes for June 6, 2023
Closed Session Minutes
Regular Meeting Minutes
6B. Designation of Voting Delegates and Alternate for the 2023 League of California Cities Annual Conference
Staff Report
Voting Delegate Packet
6C. Approve a Resolution Approving the City's Fiscal Year 2023-2024 General Employees Salary Schedule
Staff Report
Resolution
Salary Schedule
6D. Approve a Resolution Authorizing the City Manager to Execute a Fourth Amendment to Professional Services Agreement with EMC Planning Group, Inc. for the West End Parking Plan
Staff Report
Resolution
Contract Amendment
and the City Clerk will call on your name.
3 7. CONSIDERATION OF ITEMS PULLED FROM CONSENT CALENDAR

8. PRESENTATION
8A. Presentation of West End Parking Plan and Parking Plan CEQA Document(Informational Item-no action): Michael Groves
Staff Report
Power Point Presentation
AMBAG Regional Clearinghouse Notice
8B. South of Tioga Update: Tom Jacobson

9. PUBLIC HEARING
9A. Approve a Resolution Approving Conditional Use Permit (CUP 23-002) for the Cryogenic Project Authorizing a Vehicle Showroom & Office at 540 California Avenue
Staff Report
EXHIBIT A Resolution
EXHIBIT B Findings of Approval
EXHIBIT C Conditions of Approval
EXHIBIT D Location Map
EXHIBIT E Arial Map
EXHIBIT F Site Plan
EXHIBIT G Site Photos
Exhibit H Hazardous Materials
EXHIBIT I Letter of Intent
9B. Approve a Resolution to Approve Conditional Use Permit CUP 23-003 to Establish a Single-Family Residential Unit in the Existing Commercial Building at 1745 Hickory Street
Staff Report
Exhibit A Resolution
EXHIBIT B Findings of Approval
EXHIBIT C Conditions of Approval
EXHIBIT D Location Map
EXHIBIT E Aerial Map
EXHIBIT F Site Plan
EXHIBIT G Floor Plan

10. NEW BUSINESS
10A. Approve a Resolution Authorizing the City Manager to Execute and Amendment to the Management and Administrative Services Agreement with Regional Government Services (RGS) in an Amount Not to Exceed $220,700 and Extend the Term of the Agreement to June 30, 2024
4 Staff Report
Resolution
Draft Amendment to Agreement
10B. Comments by Councilmembers on Items of Interest to Sand City

11. ADJOURNMENT
The current agenda is available in PDF format on our website at:
www.sandcity.org
If you have a request for a disability-related modification or accommodation, including auxiliary aids or services, which will allow you to participate in a Sand City public meeting, please call the City Clerk at (831) 394-3054 extension 220, or give your written request to the City Clerk at 1 Pendergrass Way, Sand City, CA 93955 at least 48 hours prior to the scheduled meeting to allow the City Clerk time to arrange for the requested modification or accommodation.
5 AGENDA ITEM
6A.

Approve the City Council Special Closed
Session and Regular Meeting Minutes for
June 6, 2023
6 MINUTES

JOINT SAND CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
Special Meeting - Tuesday, June 20, 2023 5:00 PM
As allowed by Assembly Bill AB2449, this meeting was conducted in person and by teleconference

1. ROLL CALL

Present: Mayor Carbone
Vice Mayor Blackwelder
Councilmember Diaz
Councilmember Hawthorne
Councilmember Sofer
Staff: City Manager Vibeke Norgaard
Interim City Attorney Adam Lindgren
City Clerk Kerry Lindstrom

2. COMMUNICATIONS

3. CLOSED SESSION
3A.

City Council/Successor Agency Board to Adjourn to Closed Session, Conference with Legal Counsel - Anticipated Litigation: Significant Exposure to Litigation Government Code §549563.9(d)2. Number of Cases: One.

Council discussed significant exposure to litigation, one case. 3B.

Re-adjourn to Open Session to report any action taken at the conclusion of Closed Session in accordance with California Government Code section 54957.1
Interim City Attorney reported out the Council received updates and provided direction to legal counsel.

ADJOURNMENT
Council adjourned the meeting at approximately 5:37pm.
___________________________
Kerry Lindstrom, City Clerk
7 3
8 MINUTES

JOINT SAND CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
Regular Meeting - Tuesday, June 20, 2023
5:30 PM
As allowed by Assembly Bill AB2449, this meeting was conducted in person and by teleconference
Mayor Carbone called the meeting to order at 5:38pm.

1. ROLL CALL

Present: Mayor Carbone
Vice Mayor Blackwelder
Councilmember Diaz
Councilmember Hawthorne
Councilmember Sofer
Staff: City Manager Vibeke Norgaard
Sergeant Dan Charlton
Interim City Attorney Adam Lindgren
City Clerk Kerry Lindstrom
Interim City Planner Zane Mortensen
Finance Advisor Roberto Moreno

2. PLEDGE OF ALLEGIANCE
Sergeant Dan Charlton led the pledge of allegiance.

3. INVOCATION
No invocation was made.

4. ANNOUNCEMENT BY MAYOR, CITY ATTORNEY, AND CITY MANAGER Mayor Carbone announced the City hosted District 4, Monterey County Board Supervisor Wendy Root Askew’s Town Hall meeting on June 19, 2023.

City Manager Vibeke Norgaard announced Calabrese Park will be completed in August.

The City has received a grant from the Department of Cannabis Control. The City one step closer in the grant process for the coastal trail. There have been discussions with CalAm Water regarding the conditions of the desal facility and removal of seawalls. The City has applied for grants for EV stations. Regarding the South of Tioga project, PG & E poles will be removed on July 17, 2023 and utilities will be moved underground.

Regarding the FLOCK camera system, locations are being proposed on existing poles.

EMC will be presenting on the parking plan at the July 18, 2023 City Council meeting. A new security camera system has been installed around the perimeter of City Hall. Granite Rock is taking measures to improve the clean up of dust on City streets. 9 5. COMMUNICATIONS
No public comment received.

6. CONSENT CALENDAR
No public comment received.

Upon motion by Vice Mayor Blackwelder and seconded by Councilmember Hawthorne, Council voted to approve the Consent Calendar.

Motion carried 5-0, by the following vote:

AYES: Mayor Carbone, Vice Mayor Blackwelder, Councilmembers Diaz, Hawthorne, and Sofer.

NOES: None.

ABSENT: None.

ABSTAIN: None.
6A. Approved the City Council Meeting Minutes for June 6, 2023

7. CONSIDERATION OF ITEMS PULLED FROM CONSENT CALENDAR
No items were pulled.

8. PUBLIC HEARING
8A. Approve Master Conditional Use Permit CUP 23-001 to Facilitate Various Use of Commercial Space in the Existing Mixed-Use Building at 400 Ortiz Avenue This item was continued from the June 6, 2023, Regular City Council Meeting.

Due to a financial conflict of interest, those residing within 500 feet of 400 Ortiz Avenue, Vice Mayor Blackwelder and Councilmember Hawthorne and Councilmember Sofer, a straw draw was conducted to establish a quorum by random selection. Vice Mayor Blackwelder’s name was selected.

Councilmembers Hawthorne and Sofer recused themselves.

Public comment was received from Richard Garza.

Upon motion by Vice Mayor Blackwelder and seconded by Councilmember Diaz, Council voted to approve Resolution SC 23-29 approving a Master Conditional Use Permit CUP 23-001 to facilitate various use of commercial space in the existing mixed-use building at 400 Ortiz Avenue.

Motion carried 3-2, by the following vote:

AYES: Mayor Carbone, Vice Mayor Blackwelder, Councilmember Diaz NOES: None.
10 ABSENT: None.

ABSTAIN: Councilmembers Hawthorne and Sofer.

9. NEW BUSINESS
9A. Authorizing the City Manager to Execute an Agreement with Talking Walls for Mural Curator Services for the 2023 Mural Festival
No public comment was received.

Upon motion by Vice Mayor Blackwelder and seconded by Councilmember Hawthorne, Council voted to approve Resolution SC 23-30 authorizing the City Manager to execute an agreement with Talking Walls for Mural Curator Services for the 2023 Mural Festival.

Motion carried 5-0, by the vote:

AYES: Mayor Carbone, Vice Mayor Blackwelder, Councilmembers Diaz, Hawthorne, and Sofer.

NOES: None.

ABSENT: None.

ABSTAIN: None.
9B. Adopt the Proposed City Budget for Fiscal Year 2023-2024 No public comment received.

Upon motion by Councilmember Sofer and seconded by Councilmember Diaz, Council voted to approve Resolution SC 23-31 adopting the proposed city budget for fiscal year 2023-2024.

Motion carried 5-0, by the vote:

AYES: Mayor Carbone, Vice Mayor Blackwelder, Councilmembers Diaz, Hawthorne, and Sofer.

NOES: None.

ABSENT: None.

ABSTAIN: None.
9C. Establish an Appropriations Limit for Fiscal Year 2023-2024 Pursuant to Article XIIIB of the California Constitution
No public comment received.
11 Upon motion by Councilmember Sofer and seconded by Councilmember Hawthorne, Council voted to approve Resolution SC 23-32 establishing an appropriations limit for fiscal year 2023-2024.

Motion carried 5-0, by the vote:

AYES: Mayor Carbone, Vice Mayor Blackwelder, Councilmembers Diaz, Hawthorne, and Sofer.

NOES: None.

ABSENT: None.

ABSTAIN: None.
9D. Approving the First Amendment to the City Manager Employment Agreement Between the City of Sand City and Vibeke Norgaard
No public comment received.

Upon motion by Vice Mayor Blackwelder and seconded by Councilmember Sofer, Council voted to approve Resolution SC 23-33 approving the first amendment to the City Manager employment agreement between the City of Sand City and Vibeke Norgaard.

Motion carried 5-0, by the vote:

AYES: Mayor Carbone, Vice Mayor Blackwelder, Councilmembers Diaz, Hawthorne, and Sofer.

NOES: None.

ABSENT: None.

ABSTAIN: None.
9E. Authorize the City Manager to Execute a Professional Service Agreement with California Consulting Not to Exceed $55,000 to Perform Grant Related Services No public comment received.

Upon motion by Vice Mayor Blackwelder and seconded by Councilmember Sofer, Council voted to approve Resolution SC 23-34 authorizing the City Manager to execute a professional service agreement With California Consulting not to exceed $55,000 to perform grant related services.

Motion carried 5-0, by the vote:

AYES: Mayor Carbone, Vice Mayor Blackwelder, Councilmembers Diaz, Hawthorne, and Sofer.

NOES: None.

ABSENT: None.
12 ABSTAIN: None.
9F. Comments by Councilmembers on Items of Interest to Sand City Mayor Carbone and Councilmember Sofer attended the Monterey Business Council lunch on June 16, 2023, guest speaker Sheriff-Coroner Tina Nieto.

Mayor Carbone has been working on cleaning up the community garden.

ADJOURNMENT
Council adjourned the meeting at approximately 7:02pm.
___________________________
Kerry Lindstrom, City Clerk
4 13

AGENDA ITEM
6B.

Designation of Voting Delegates and
Alternate for the 2023 League of California
Cities Annual Conference
14 City of Sand City

STAFF REPORT
TO: Honorable Mayor and City Council
FROM: Kerry Lindstrom, City Clerk
SUBJECT: Designation of Voting Delegates and Alternate for the 2023 League of California Cities Annual Conference
DATE: July 18, 2023
_______________________________________________________________________ BACKGROUND/DISCUSSION:

The upcoming 2023 League of California Cities Annual Conference will be held on September 20 through September 22, 2023, in Sacramento, California. Each year, all California cities represented at the conference are required to appoint a voting delegate and alternate to represent their local jurisdictions. The voting delegate and alternate must be approved by Council action by August 28, 2023.

CEQA:

This action does not constitute a "project" as defined by the California Environmental Quality Act (CEQA) guidelines section 15378.

FISCAL IMPACT:

N/A
RECOMMENDATION:

It is recommended that Mayor Mary Ann Carbone serve as voting delegate and Councilmember Marilee Diaz serve as the alternate to represent the City of Sand City.

ATTACHMENTS:

1. Voting Delegates Packet
15 16
17 18
19 20

AGENDA ITEM
6C.

Approve a Resolution Approving the City's
Fiscal Year 2023-2024 General Employees
Salary Schedule
21 City of Sand City

STAFF REPORT
TO: Honorable Mayor and City Council
FROM: Vibeke Norgaard, City Manager and Jennifer Pope, Finance Manager SUBJECT: Resolution to Approve Fiscal Year 2023-2024 Salary Schedule for General Employees.

DATE: July 18, 2023
_______________________________________________________________________ BACKGROUND/DISCUSSION:

State law requires that Cities contracting with CalPERS adopt a publicly available pay schedule that identifies the title for every employee position at the City, shows the pay rate for each position, and indicates the effective date of any revisions. (2 CCR 570.5(a)(1)-(8)). The schedule is required to be posted on the City’s website. The City established a pay schedule in 1991 (Resolution SC-29, 1991) and has updated it by resolution.

The proposed FY 2023-2024 Salary Schedule reflects the following changes:
 At the June 20, 2023 City Council Meeting, Council approved an amendment to the City Manager’s contract. The amendment included a 12% increase to the City Manager’s base salary for Fiscal Year 2023-2024. The City Manager’s annual salary will increase from $199,500 to $216,000 as reflected on attachment 2.  Staff is requesting a 5% increase for the Maintenance Worker III position. This increase reflects the current local trends for compensation in this job class.

CEQA:

This action does not constitute a "project" as defined by the California Environmental Quality Act (CEQA) guidelines section 15378.

FISCAL IMPACT:

The total annual cost of the salary increases referenced above is $20,451.

RECOMMENDATION:

It is recommended that the Council approve the FY 2023-2024 Salary Schedule Resolution.

ATTACHMENTS:

1. Resolution
22 2. Salary Schedule
23 CITY OF SAND CITY
RESOLUTION SC 23-__, 2023
RESOLUTION OF THE CITY COUNCIL OF SAND CITY APPROVING THE CITY’S FISCAL YEAR 2023-2024 GENERAL EMPLOYEES SALARY SCHEDULE WHEREAS, California Code of Regulations, Title 2, Section 570.5 requires that governing bodies of local agencies contracting with CalPERS adopt a publicly available pay schedule; and
WHEREAS, the City of Sand City established a salary schedule for City employees by Resolution SC-29, 1991 and revised the salary schedule in Resolutions SC 94-08, 1984; 97-66, 1997; 99-51, 1999; 01-61, 2001; 02-53, 2002; 05-49, 2005; 07-99, 2007; 10-75, 2010; 15-46, 2015; 18-87, 2018; 18-92, 2018; 20-86, 2020; 21-46, 2021; 22-13, 2022; 23- 26, 2023; and
WHEREAS, approval of the Fiscal Year 2023-2024 salary schedule is necessary as it reflect changes related to the City Manager’s rate of pay approved at the June 20, 2023, City Council meeting and a 5% increase to the Maintenance Worker III position.

NOW, THEREFORE, BE IT RESOLVED that the City Council of Sand City does hereby adopt the revised salary schedule attached to this resolution.

PASSED AND ADOPTED by the City Council of the City of Sand City this 18th, day of June, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
___________________________
Mary Ann Carbone, Mayor
ATTEST:

DATED: ____________________
___________________________
Kerry Lindstrom, City Clerk
24 Pay Period Step 1 Step 2 Step 3 Step 4 Step 5 Maxium Step 6 1 2
36 Maintenance Worker II Hourly 25.4588 26.7317 28.0683 29.4717 30.9453 32.4926 34.1172 35.8231 Monthly 4,417.23 4,638.09 4,870.00 5,113.50 5,369.17 5,637.63 5,919.51 6,215.49 Annual 53,006.62 55,656.95 58,439.80 61,361.79 64,429.88 67,651.37 71,033.94 74,585.64 39 Administrative Assistant/ Hourly 26.1170 27.4229 28.7940 30.2337 31.7454 33.3326 34.9993 36.7492 Account and Permit technicianMonthly 4,530.37 4,756.89 4,994.73 5,244.47 5,506.69 5,782.03 6,071.13 6,374.69 Annual 54,364.13 57,082.34 59,936.45 62,933.28 66,079.94 69,383.94 72,853.13 76,495.79 40 Maintenance Worker III Hourly 26.1704 27.4789 28.8529 30.2955 31.8103 33.4008 35.0708 36.8244 Monthly 4,535.87 4,762.66 5,000.80 5,250.84 5,513.38 5,789.05 6,078.50 6,382.42 Annual 57,151.89 60,009.48 63,009.96 66,160.46 69,468.48 72,941.90 76,589.00 80,418.45 46 Records Coordinator Hourly 31.0689 32.6223 34.2535 35.9661 37.7644 39.6527 41.6353 43.7171 Monthly 5,385.17 5,654.43 5,937.15 6,234.01 6,545.71 6,872.99 7,216.64 7,577.47 Annual 64,621.87 67,852.96 71,245.61 74,807.89 78,548.29 82,475.70 86,599.49 90,929.46 48 Deputy City Clerk Hourly 34.2293 35.9408 37.7378 39.6247 41.6059 43.6862 45.8705 48.1641 Monthly 5,940.68 6,237.71 6,549.60 6,877.08 7,220.93 7,581.98 7,961.08 8,359.13 Annual 71,288.02 74,852.42 78,595.04 82,524.79 86,651.03 90,983.59 95,532.76 100,309.40 50 Public Works Manager* Hourly 40.3129 42.3286 44.4450 46.6672 49.0006 51.4506 54.0232 56.7243 Monthly 6,996.34 7,346.16 7,713.47 8,099.14 8,504.10 8,929.30 9,375.77 9,844.55 Annual 83,955.93 88,153.72 92,561.41 97,189.48 102,048.95 107,151.40 112,508.97 118,134.42 52 Finance Manager* Hourly 42.6552 44.7880 47.0274 49.3787 51.8477 54.4400 57.1620 60.0201 Monthly 7,401.67 7,771.75 8,160.34 8,568.36 8,996.78 9,446.62 9,918.95 10,414.89 Annual 88,819.78 93,260.77 97,923.81 102,820.00 107,961.00 113,359.05 119,027.00 124,978.35 54 City Planner* Hourly 39.7086 41.6940 43.7787 45.9677 48.2661 50.6794 53.2133 55.8740 Monthly 6,889.38 7,233.85 7,595.54 7,975.32 8,374.08 8,792.79 9,232.43 9,694.05 Annual 82,672.23 86,805.84 91,146.13 95,703.44 100,488.61 105,513.04 110,788.70 116,328.13 57 City Clerk* Hourly 42.7537 44.8914 47.1360 49.4928 51.9674 54.5658 57.2940 60.1587 Monthly 7,410.50 7,781.03 8,170.08 8,578.58 9,007.51 9,457.88 9,930.78 10,427.32 Annual 88,925.56 93,371.84 98,040.43 102,942.45 108,089.57 113,494.05 119,168.76 125,127.19 71 Dir. Of Admin. Services* Hourly 66.6890 70.0235 73.5246 77.2009 81.0609 85.1139 89.3696 93.8381 Dir of Community Dev Monthly 11,540.52 12,117.55 12,723.42 13,359.59 14,027.57 14,728.95 15,465.40 16,238.67 Annual 138,485.44 145,409.71 152,680.20 160,314.21 168,329.92 176,746.41 185,583.73 194,862.92 72 Dir. Of Community Dev./* Hourly 68.3519 71.7695 75.3580 79.1259 83.0822 87.2363 91.5981 96.1780 Assistant City Manager Monthly 11,829.03 12,420.48 13,041.51 13,693.58 14,378.26 15,097.17 15,852.03 16,644.63 Annual 141,947.58 149,044.96 156,497.21 164,322.07 172,538.17 181,165.08 190,223.33 199,734.50 Pay Period Rate
Monthly 18,000.00 *Denotes exempt positions
Annual 216,000.00
City Attorney* Monthly 16,032.89
Annual 192,394.65
2023-2024 General Employees
Range Placement Table

2.5% Between Ranges; 5% Between Steps
*Employees who have worked for the City for at least 7 years shall receive a 5% longevity increase. Employees who have worked for the City for at least 10 years shall receive an addition 5% longevity increase.

Range #
Recommended Title Longevity *
Employees not on step plan
City Manager*
Amended: Resolution SC - 29, 1991; 94-08, 1994; 97-66, 1997; 99-51, 1999; 01-61, 2001; 02-53, 2002; 05-49, 2005; 07-99, 2007; 10-75, 2010; 15- 46, 2015; 18-87, 2018; 18-92, 2018; 20-86, 2020; 21-46, 2021; 22-13, 2022; SC- effective May 16, 2023 7/13/2023
25 AGENDA ITEM
6D.

Approve a Resolution Authorizing the City
Manager to Execute a Fourth Amendment
to Professional Services Agreement with
EMC Planning Group, Inc. for the West End
Parking Plan
26 City of Sand City

STAFF REPORT
TO: Honorable Mayor and City Council
FROM: Michael Groves
SUBJECT: West End Parking Plan
DATE: July 18, 2023
_______________________________________________________________________ BACKGROUND/DISCUSSION:

EMC Planning Group, with the assistance of Chuck Pooler, City Planner (prior to him retiring from the City) has completed a Draft West End Parking Plan and CEQA documentation on that Parking Plan. The Parking Plan is available to the public for review and has been provided in hard copy to the City Council. The environmental document is currently completed and has been distributed for a 30-day public review period.

Comments on the environmental document are due to the City by 5:00 pm on July 27, 2023.

The term of the Professional Service Agreement by and between the City of Sand City and EMC Planning Group, Inc., has expired and needs to be extended until June 30, 2024 for the purpose of public and City Council review and adoption of the West End Parking Plan and the CEQA documentation (that is currently distributed for public review). Resolution attached hereto as Exhibit A, is provided
CEQA:

Modifying the term of the contract by and between the City of Sand City and EMC Planning Group for the West End Parking Plan and Plan CEQA documentation does not require CEQA review.

FISCAL IMPACT:

There is no fiscal impact to the City.

RECOMMENDATION:

It is recommended by staff that the City Council adopt Resolution SC23-___ to extend the term of the contract with EMC Planning Group for the West End Parking Plan and Parking Plan environmental documentation until December 31, 2023.

ATTACHMENTS:

1. Resolution

2. Contract Amendment
27 CITY OF SAND CITY
RESOLUTION SC ___, 2023

RESOLUTION OF THE CITY COUNCIL OF SAND CITY AUTHORIZING THE CITY

MANAGER TO EXECUTE A FOURTH AMENDMENT TO PROFESSIONAL SERVICES

AGREEMENT WITH EMC PLANNING GROUP, INC FOR THE WEST END PARKING PLAN
WEREAS, EMC Planning Group, Inc, and the City of Sand City entered into an agreement to complete a draft West End Parking Plan and CEQA documentation on that Parking Plan on February 26, 2020; and
WHEREAS, The term of the Professional Service Agreement has expired and needs to be extended until June 30, 2024, for the purpose of public and City Council review and adoption of the West End Parking Plan and the CEQA documentation.

NOW, THEREFORE, BE IT RESOLVED that the City Council of Sand City does hereby extend the term of the contract with EMC Planning Group for the West End Parking Plan and Parking Plan environmental documentation until December 31, 2023.

PASSED AND ADOPTED by the City Council of the City of Sand City this ___, day of _____, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
___________________________
Mary Ann Carbone, Mayor
ATTEST:

DATED: ____________________
___________________________
Kerry Lindstrom, City Clerk
28 Attachment 1

FOURTH AMENDMENT TO PROFESSIONAL SERVICE AGREEMENT WITH

EMC PLANNING GROUP, INC
THIS FOURTH AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this “Amendment”), dated July 18, 2023, amends that certain PROFESSIONAL SERVICES AGREEMENT entered into on February 26, 2020 by and between the City of Sand City, a California municipal corporation (the “City”) and EMC Planning Group, Inc. (“Consultant”) and as amended (“PSA:)”). The City and the Consultant are each referred to herein as a “Party” and collectively referred to as the “Parties”.

WHEREAS, the Parties desire to amend the term of the PSA.

NOW THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

Section 1. Term of Agreement
Section I (“Term”) of the PSA is revised in its entirety as follows:
“The term of the Agreement will begin on February 26, 2020 and shall end on June 30, 2024, unless sooner terminated pursuant to provisions of this Agreement. The Agreement may be reviewed and renewed annually. No modification to the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto.” Section 2. Effect
Except as otherwise expressly set forth in this Amendment, all other terms and conditions of the PSA, including the three prior amendments thereto, remain unchanged and in full force and effect, In the event there is a conflict between the terms and provisions of this Amendment shall control.

Section 3. General Provisions
This Amendment may be executed in separate counterparts, which together shall be fully effective as an original and together constitute one and the same instrument. Facsimile signatures appearing hereon shall be deemed original. This Amendment shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns. 29 ATTEST:

DATED: ____________________
___________________________
Kerry Lindstrom, City Clerk
IN WITENESS WHEREOF, the Parties have executed this Amendment as of the date first written above.

NOW, THEREFORE, BE IT RESOLVED that the City Council of Sand City does hereby PASSED AND ADOPTED by the City Council of the City of Sand City this ___, day of _____, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
___________________________
Mary Ann Carbone, Mayor
30 AGENDA ITEM
8A.

Presentation of West End Parking Plan and
Parking Plan CEQA
Document(Informational Item-no action):

Michael Groves
31 City of Sand City

Comments on the environmental document are due to the City by 5:00 pm on July 27, 2023.

EMC Planning Group, on behalf of the City, will present two items at the July 18, 2023 City Council Meeting. They are:

1. Informational Item (no action) – Presentation of the Draft West End Parking Plan (see attached Power Point); and

2. Informational Item (no action) – Presentation of the Draft West End Parking Plan California Environmental Quality Act (CEQA) document (see attached AMBAG Regional Clearinghouse Notice).

FISCAL IMPACT:

There is no fiscal impact on the City
RECOMMENDATION:

It is recommended by staff that the City Council hear the presentation on the Draft West End Parking Plan and the CEQA document for the Plan and open the floor to the public for comment.

ATTACHMENTS:

1. Power Point Presentation

2. AMBAG Regional Clearinghouse Notice
32 Sand City West End Parking Plan
Prepared for:

City of Sand City
(July 2023)
Prepared by: EMC Planning Group
33 Background
 Parking Plan is to complement the West End Vibrancy Plan and both Plan’s be folded into an updated City General Plan
 West End Vibrancy Plan – intended for the City to make a shift to Mixed-Use Development (Live-Work Space; residential above commercial, entertainment, restaurants, etc.) and continued promotion of the Arts Community  Parking Studies (past and present) have concluded that it is physically impossible, in most cases, for the allowed uses (e.g. Residential, Restaurants, Entertainment, etc.) in the Mixed-Use Zone to provide off-street parking
 The Shift in Land Use Types Requires:
• The City add public parking; on the streets or by some other means; • Provide some flexibility in parking standards; and
• Update the Zoning Code to provide the needed flexibility. 34 The Addition of Parking in the West End
 Summary of Recommended Actions – The following is a select list of staff  It is intended by staff that the City Council consider implementation of selected public parking improvements in each fiscal year budget and research and apply for grant funds, where feasible, that might facilitate building out areas for public parking within the City
recommended potential public parking improvements:

Note: Costs displayed do not include design,
technical studies, environmental review,
permitting or a contingency budget; and are
subject to change over time
35 Holly Street
Restripe/Reconfigure Parking
(10 spaces – net gain of 5 spaces)
Recommendation 1
36 Street Ends
Orange, Shasta, Elder and City Corporate Yard
(24 spaces)
Recommendation 2, 3, 4 & 5
37 TAMC Corridor – Surface Parking
(# of spaces depends on length of corridor used
potentially 30 – 50 spaces or more)
Recommendation 6
Note: This recommendation requires cooperation and agreement of TAMC 38 Air Space Easement Parking Deck
(Former Ream Property, 25 Spaces)
Recommendation 7
39 Independent Air Space Easement Deck
Parking
(56 Spaces)
Recommendation 8
Note: This recommendation requires the cooperation and agreement with the owners of the Independent
Optional secondary access to secondary deck, which would require extending Shasta Avenue
40 TAMC Corridor Deck Parking
(59 Spaces)
Recommendation 9
Note: This recommendation requires the cooperation and agreement of TAMC and is currently unlikely due to the TAMC bus transit project proposed
41 City Owned Carroll Property Surface
Parking
(29 Spaces)
Recommendation 10
Note: This recommendation was originally proposed prior to the Art Park being created and is not recommended at this time or until some future date of a new home for the Art Park is created
42 City Owned Carroll Property Deck
Parking
(28 Spaces)
Recommendation 11
Note: This recommendation was originally proposed prior to the Art Park 43 Summary of Public Parking Areas
The Addition of
Public Parking
Recommendation__
Optional secondary access to parking
deck, which would require extending
Shasta Ave.

Potential exchange of City Air Space
Easement at the Independent II for Ream
Property to provide expansion of the Art
Park or City Parking
44 The Addition of Parking in the West End
 Summary of Recommended Actions – The following is a select list of staff recommended potential public parking improvements:
 It is intended by staff that the City Council consider implementation of selected public parking improvements in each fiscal year budget and research and apply for grant funds, where feasible, that might facilitate building out areas for public parking within the City
Note: Costs displayed do not include
design, technical studies, environmental
review, permitting or a contingency budget;
and are subject to change over time
Action Relative Cost
1) Restripe/ Reconfigure Existing Streets - Holly Street $50,400 2) Reconfigure Public Street-end - Elder Avenue $31,200 3) Reconfigure Public Street-end - Shasta Avenue $37,200 4) Reconfigure Public Street-end - Orange Avenue $63,600 5) Add Public Parking to City Corporation Yard $98,400
6) Shared Parking Agreement on Railroad Corridor TAMC (TAMC Surface Parking) $1,815,600 7) Construct City Air Space Easement Parking Deck (Former REAM Property) $1,435,200 8) Construct Independent Air Space Easement Parking Deck $3,692,400 9) Construct (or contribute to) TAMC Railroad Corridor Parking Deck $7,192,800 10) Construct Phase I Surface Parking Lot at City-owned Carroll Property $140,400 11) Construct Phase II Parking Deck on City-owned Carroll Property $1,333,200 45 Financing Opportunities/Parking Management
 Parking Districts
 In-Lieu Fees
 Measure X Funds
 Grants
 Paid Parking Programs
 Parking In-Lieu Fees
Financing
Parking Management
46 Parking Regulations
 Revise list of land uses;
 Adjust numbers in code;
 Eliminate all parking requirements;
 Institute maximum parking allowance;
 Exempt an initial quantity of building area from parking requirements;  Provide reductions for select business types;
 Provide reductions for shared parking potential;
 Provide reductions for reduced automobile use;
 Provide for alternative transportation;
 Reduce requirements to recognize portions accommodated on the streets;  Reduce requirements and institute a mandatory in-lieu fee;  Institute a parking payment program;
 Institute a commercial parking financing district;
 Increase parking requirements for fleet and delivery vehicles;  Institute a residential parking program per CVC section 22507.5; and/or  Institute time limits per CVC section 21458 (green zones) 47 CEQA
 The Environmental Documentation has been prepared by the City and released for public review on June 28, 2023
 The 30 Day Public Review Period is from June 28th to July 27th, 2023 - The City sent a notice to :
- City Distribution List;
- AMBAG Clearing House;
- The Monterey County Herald; and
- Posted the notice with the State Clearinghouse
 The Environmental Document can be viewed:
• At Sand City City Hall;
• The Monterey County Library, Seaside Branch; and
• On the City’s website.
 Environmental Issues of Note are Biological Resources, Cultural Resources and the potential for hazardous materials in the soil (sand).

West End parking Plan - Environmental Documentation
48 Question/Comments
49 50

AGENDA ITEM
8B.

South of Tioga Update: Tom Jacobson
51 AGENDA ITEM
9A.

Approve a Resolution Approving
Conditional Use Permit (CUP 23-002) for
the Cryogenic Project Authorizing a
Vehicle Showroom & Office at 540
California Avenue
52 City of Sand City

STAFF REPORT
TO: Honorable Mayor and City Council
FROM: Zane Mortensen, Interim City Planner
SUBJECT: Application for a Conditional Use Permit (CUP23-002) to Establish an Auto Consulting and Collection Management at 540 California Avenue DATE: July 18, 2023
_______________________________________________________________________ BACKGROUND/DISCUSSION:

An application was submitted by Daniel DeGeorge and Gordon Foxworthy (the “Applicant”) for a Conditional Use Permit (CUP23-002) to establish an auto consulting and collection management business specializing in high end and collector cars for clients (the “Applicant’s Use”) within an 1,800 square-foot portion of the existing commercial building at 540 California Avenue, Sand City (APN 011-195-010) (the “Subject Property”).

The Subject Property has a non-coastal Planned-Mixed Use (MU-P) zoning designation of Mixed-Use (MU-D). A conditional use permit is required for all new commercial uses within the MUP-zoning district.

Site Description:

The Subject Property is located on the western side of the existing two story 17,700 square-foot commercial building at 540 California Avenue. The total floor area of the Subject Property encompasses approximately 1,800 square-feet of the existing commercial building and is approximately 23-feet wide and 80-feet deep. The property has two separate entrances, including dock doors, fronting California Avenue and Redwood Avenue (Exhibit G).

The previous use within the Subject Property consisted of welding and fabricator construction services, as well as storage. Existing utilities (i.e. gas, electric, water, sewer, etc.) are available to the Subject Property and Applicant’s unit but only electric will be needed while the other utilities will not be needed for their intended use. Road pavement, curbs, driveway apron, and gutter exist along the Subject Property’s California Avenue and Redwood Avenue frontages are in fair condition.

Project Description:

The Applicant intends to utilize the Subject Property for auto consulting and collection management business specializing in high end and collector cars for clients. Intended operations include vehicle inspection, photography, grading, and preparation prior to sale.

No vehicle maintenance or mechanical/cosmetic repair will occur on-site. If necessary, all vehicle detailing will be 100% waterless and there will be no washing of any vehicles on - 53 site. All vehicles will be stored within the Subject Property and there will be no signage advertising vehicle sales posited on the exterior of the building.

There will be one (1) employee on-site. Intended hours of operation will be 8:00 a.m. to 5:30 p.m. Monday through Friday. No deliveries or large shipments to/from the site are anticipated. There are no company vehicles the Applicant would park or store on the Subject Property during non-operational hours.

Land Use: The Subject Property has a Zoning Map designation of “Planned Mixed Use” and a General Plan designation of Mixed-Use Development (MU-D). Section

18.13.040(L) of the City’s Zoning Ordinance lists ‘Service, commercial’ as an allowable use subject to the issuance of a conditional use permit pending review of potential impacts upon a mixed residential/commercial neighborhood. Zoning Code section 18.04.483 defines “Service Commercial” as “those uses and businesses that are establishments primarily engaged in rendering services on a fee or contract basis for all phases of building construction and maintenance; or that render services to other businesses such as advertising, employment services, management and consulting services, and protective services.” The Applicant’s organization is a consulting business that satisfies this zoning definition. Therefore, staff finds the Applicant’s Use consistent and compatible with the intent of the General Plan and Zoning Code.

Hours of Operation: Intended hours of operation at the Subject Property will be 8:00 a.m. to 5:30 p.m. Monday through Friday, which is consistent with the mixed-use designation. However, for consistency with other use permits for similar operations it is recommended that the permit specify 7:00 a.m. to 6:00 p.m. on weekdays. Any product shipments to/from the site with loading/unloading activities should also only occur within those times. On-site office and janitorial activities beyond permit specified hours of operation are acceptable, provided such activities do not pose a nuisance to surrounding properties.

Parking: The Subject Property has a paved area in front of the building totaling approximately 570 square feet with driveway apron fronting California Avenue capable of accommodating three (3) on-site parking spaces. Additionally, the commercial property provides twelve (12) shared parking spaces located on the eastern side of the building on Shasta Avenue. This satisfies the parking requirements for wholesale establishments, warehouses or utility buildings, one (1) space for each one thousand (1,000) square feet of gross floor area or one (1) parking space for each two (2) employees in accordance with Chapter 18.64 of the City’s Zoning Code.

Storage: Items stored on-site will primarily be high end and collector vehicles.

Equipment on-site will primarily be standard office equipment (computers, desks, etc.).

Staff recommends the permit include the standard language that prohibits outside storage of materials, equipment, and items associated with the Applicant’s Use. The permit should also prohibit the placement of storage containers/pods in the parking area/driveway for the Applicant.
54 Loading/Unloading: No deliveries or large shipments to/from the site are anticipated.

The Subject Property has an approximate 500 square foot paved area for parking in front of the building that can accommodate loading/unloading activities from smaller sized vehicles (i.e. pick-up truck, Box truck, etc.). Redwood Avenue is a secondary collector street through the West End District, and should remain open for 2-way vehicular traffic. Loading/unloading activities should be prohibited unless utilizing the abutting curbside parking within the Redwood Avenue right-of-way that does not interfere or impede 2-way traffic flow on Redwood Avenue. The property owner should also be held responsible for managing/addressing conflicts between tenants’ use of the paved area for parking and loading/unloading activities, provided minimum City zoning and permit requirements are satisfied.

Trash: The Subject Property does not provide an enclosure for trash bins or dumpsters. Staff recommends the permit require the Applicant to either maintain refuse and trash receptacles for their operation within their unit of the building unless a City approved enclosure is provided on the Subject Property. This would also prohibit the storage of refuse bins/dumpsters on the street by the Applicant’s Use except curbside on scheduled trash collection days.

Hazardous Materials: According to the Monterey County Hazardous Material Questionnaire completed and submitted by the Applicant (see Exhibit I), no hazardous materials or products will be stored or used on-site. This Questionnaire form was provided to the Monterey County Health Department by City staff in the processing of this application.

Signs: The Applicant does not intend to establish a business sign on the Subject Property. Commercial signs are subject to City Design Review Committee (DRC) review and approval in the issuance of a sign permit prior to installation. Should the Applicant decide to add a sign in the future they will need to file a permit with The City subject to DRC approval prior to the installment of any sign.

Water: The Subject Property has water credit for Group I occupancy in accordance with the Monterey Peninsula Water Management District (MPWMD) regulations. The Applicant’s office and vehicular storage are also a Group I use. Therefore, existing on-site water credit of the commercial building is adequate to facilitate the Applicant’s Use, and no water allocation from the City is deemed necessary for the Applicant’s Use.

CEQA:

The intended use of the subject property qualifies for a categorical exemption, under California Environmental Quality Act (CEQA) guidelines section 15301, Existing Facilities, consisting of the operation of existing public or private structures, facilities, or mechanical equipment, involving negligible or no expansion of existing or former use. 55 FISCAL IMPACT:

There is no fiscal impact to the City associated with this action.

RECOMMENDATION:

Staff recommends APPROVAL of the Conditional Use Permit CUP23-003 for the Applicant.

ATTACHMENTS:

1. Exhibit A: Resolution

2. Exhibit B: Findings of Approval

3. Exhibit C: Conditions of Approval

4. Exhibit D: Location Map

5. Exhibit E: Aerial Map

6. Exhibit F: Floor Plan

7. Exhibit G: Site Photos

8. Exhibit H: Hazardous Material Questionnaire

9. Exhibit I: Letter of Intent
56 CITY OF SAND CITY
RESOLUTION SC , 2023

RESOLUTION OF THE CITY COUNCIL OF SAND CITY APPROVING
CONDITIONAL USE PERMIT (CUP23-002) FOR THE CRYOGENIC PROJECT

AUTHORIZING A VEHICLE SHOWROOM & OFFICE
AT 540 CALIFORNIA AVENUE
WHEREAS, an application was submitted by Daniel DeGeorge and Gordon Foxworthy (the “Applicant”) for a Conditional Use Permit to establish an auto consulting and collection management business specializing in high end and collector cars for clients (the “Applicant’s Use”) within an 1,800 square-foot portion of the existing commercial building at 540 California Avenue; and
WHEREAS, the Applicant’s Use is considered consistent with the non-coastal Planned Mixed-Use (MU-P) zoning designation and a General Plan land use designation of MixedUse Development, as defined by the City’s General Plan and Zoning Ordinance; and WHEREAS, the Applicant’s Use is not anticipated to generate excessive noise, vibration, odors, and/or pose a general nuisance to neighboring properties or the tenants therein; and WHEREAS, the Subject Property provides sufficient paved area on-site to accommodate and satisfy the minimum parking requirements of the Sand City Municipal Code; and WHEREAS, water necessary to accommodate the proposed commercial use types is available through the existing on-site water credit and no further water allocation is required; and
WHEREAS, the Applicant’s Use, within an existing commercial building, qualifies for a Categorical Exemption under CEQA (California Environmental Quality Act) Guidelines, Section 15301; and
WHEREAS, the City Council of the City of Sand City has accepted the findings for approving Conditional Use Permit CUP23-002 as outlined in the City staff report, dated July 18th, 2023.

NOW, THEREFORE, BE IT RESOLVED that the City Council of Sand City does hereby grant and issue the Conditional Use Permit CUP23-003 with the following terms and conditions listed in Exhibit C – Conditions of Approval.

PASSED AND ADOPTED by the City Council of the City of Sand City this ___, day of _____, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
57 APPROVED:
___________________________
Mary Ann Carbone, Mayor
ATTEST:

DATED: ____________________
___________________________
Kerry Lindstrom, City Clerk
58 EXHIBIT B
CUP23-002 FINDINGS OF APPROVAL

EXHIBIT B

CITY OF SAND CITY
CONDITIONAL USE PERMIT CUP23-002 FINDINGS OF APPROVAL
Project Name: Conditional Use Permit (CUP23-002) to establish an auto consulting and collection management at 540 California Avenue Address: 540 California Avenue, Sand City, CA
Hearing Date: July 18, 2023
Findings of Approval:

1. The intended use type for the existing commercial building is consistent with the Planned Mixed-Use (MU-P) zoning of the surrounding properties as indicated on the City of Sand City Zoning Map.

2. The establishment of commercial space within the intended use types as described in CUP23-002 is allowed under the MU-P zoning regulations with an approved Conditional Use Permit.

3. Adequate parking has been provided on the property, as shown on the submitted plans, as well as specified in the Conditional Use Permit CUP23-002, provided the established use remains consistent with the permitted use types.

4. Water necessary to accommodate the proposed commercial use types is available through the existing on-site water credit.

5. Utilities (electricity, gas, water, sewer, etc.) are sufficiently available to facilitate the Applicant’s Use at the Subject Property.

6. The Applicant’s Use is not anticipated to pose an impediment to traffic flow

7. The intended use on this property qualifies for a categorical exemption, under California Environmental Quality Act (CEQA) guidelines section 15301. 59 EXHIBIT C
CUP23-002 CONDITIONS OF APPROVAL

EXHIBIT C

CITY OF SAND CITY
CONDITIONAL USE PERMIT CUP 23-002 CONDITIONS OF APPROVAL Project Name: Conditional Use Permit (CUP23-002) to establish an auto consulting and collection management at 540 California Avenue Address: 540 California Avenue, Sand City, CA
Hearing Date: July 18, 2023
Conditions of Approval:

A. Permit Effectiveness/Time Limits:

1. Conditional Use Permit CUP 23-002, is not valid, and project use(s) shall not commence, until two (2) copies of this Resolution/Permit, signed by the permittee and landowner, acknowledging receipt of the Resolution/Permit and acceptance of the terms and conditions, are returned to the City's Planning Department. Failure of the applicant to return the 2 copies of the signed Resolution/Permit within thirty (30) days from the date of City Council approval shall cause said Master Conditional Use Permit to become null and void unless good cause to grant an extension is found acceptable by the Community Development Director.

B. Signs:

Commercial signs on the exterior of the building or anywhere on the Subject Property, identifying the Applicant’s Use, shall be reviewed and approved by the Sand City Design Review Committee (the “DRC”) in the issuance of a sign permit prior to the installation of any sign at the Subject Property. Signs attached to the building shall also obtain a City building permit prior to installation of said sign. The Applicant shall not place any free-standing sign anywhere within City limits without City Planning Department approval.

C. Land Use Terms and Conditions:

1. Hours of Operation: Hours of operation for the Applicant’s Use at the Subject Property shall only occur between the hours of 7:00 a.m. to 6:00 p.m. Monday through Friday and 10:00 a.m. to 5:00 p.m. on Saturdays. All activities associated with the Applicant’s Use at the 60 EXHIBIT C
CUP23-002 CONDITIONS OF APPROVAL
Subject Property, including loading/unloading, shall only occur within these aforementioned permitted hours of operation, and such activities are prohibited on Sundays. Office and/or janitorial activities on-site by the Applicant may extend beyond the aforementioned hours/days provided that the Applicant’s unit is not open to the public and such activities do not pose a public disturbance/nuisance.

2. Truck &Trailer Street Parking: In accordance with City Municipal Code Chapter 10.08, the Applicant shall not park or store trucks, trailers, or other large vehicles, as listed in said Chapter 10.08, on any City street at any time unless actively involved with loading/unloading or otherwise has a valid City issued annual parking permit. Violation of this condition may result in the issuance of citations in accordance with City Municipal Code Chapter 10.08.

3. Loading/Unloading: All deliveries/shipments and/or loading/unloading of any item associated with the Applicant’s Use at the Subject Property shall only occur during Permit authorized hours of operation.

At no time shall loading/unloading activities associated with the Applicant’s Use impede 2-way traffic circulation on any public right-ofway within Sand City. Short term (approximately 5-minute) loading/unloading via private shipment companies (i.e. Federal Express, UPS, etc.) is exempt and allowed, provided such action does not impede traffic circulation of public streets.

4. Storage: All materials, parts, tools, equipment, packaging, pallets, and/or any other item associated with the Applicant’s Use on the Subject Property, shall only be stored within the Applicant’s unit and are prohibited from being stored on the Subject Property beyond the confines of the Applicant’s unit and building. Any materials stored/used on-site, that may pose a hazard, shall comply with all requirements of the Monterey County Health Department, the City’s Fire Department, and/or the City’s code enforcement officer. The placement of a self-contained portable storage unit on-site or within any City public right-of-way, beyond the confines of the building for the Applicant’s Use, is hereby prohibited.

5. Property Maintenance: The Subject Property shall be maintained in a clean, orderly, weed-free, and litter-free condition. There shall be no storage of waste material or debris on-site, except as otherwise allowed by CUP 23-002. The Applicant and/or the Subject Property’s owner shall be responsible for maintenance and upkeep of the Applicant’s leased area of the Subject Property for the duration of the Applicant’s Use at the Subject Property as authorized by CUP 23-002. 61 EXHIBIT C
CUP23-002 CONDITIONS OF APPROVAL

6. General Waste: Trash, litter, boxes, crates, pallets, debris, or other used and/or discarded materials generated/used by the Applicant shall be stored in an appropriate waste collection bin or dumpster.

Except on a designated trash collection day, said bin(s) or dumpster(s) shall be maintained either within the building or within a City approved enclosure on the Subject Property. An enclosure may be established on the Subject Property only after approval by the City’s Planning Department. The Applicant shall work and coordinate with the City’s franchised waste hauler to implement material recycling and recovery as part of this operation’s regular routine when feasible.

7. Hazardous Waste: Any and all hazardous materials and/or waste used/generated by the Applicant’s Use shall be legally stored and disposed of in accordance with the regulations of the City, the County of Monterey, and the State of California. The Applicant shall concede to any direction of the City’s Fire Department, City Code Enforcement Officer, and/or the Monterey County Health Department regarding the storage and/or handling of hazardous materials on the Subject Property. Any illegal material storage, dumping, and/or disposal shall be sufficient grounds for City termination of CUP 23-002.

8. Water Runoff: The Applicant’s Use shall not create water run-off within the City in accordance with Chapter 13.05 of the Sand City Municipal Code regarding Storm Water Management. There shall be no washing of vehicles on the Subject Property. Any detailing of vehicles must be 100% waterless.

9. Water: Issuance of CUP 23-002 does not grant the Applicant and/or Subject Property’s owner any right or privilege to any allocation of water from the City of Sand City or other entity. The Applicant’s Use shall be limited to that water credit available to the Subject Property, in accordance with the regulations of the Monterey Peninsula Water Management District (MPWMD).

10.Local/Regional Compliance: All requirements of the City’s contracted Building and Fire Departments, the City Engineer, City Building Official, the City Police Department, the Sand City Code Enforcement officer(s), the Seaside Sanitation District, Monterey One Water (formerly ‘Monterey Regional Water Pollution Control Agency’), and Monterey County Health Department, that are applicable to the Applicant’s Use, shall be implemented to the satisfaction of each department and inspector thereof.

11.Fire Department: The Applicant’s Use of the Subject Property, as authorized by CUP 23-002, must conform to storage and operational requirements specified in the California Fire Code to the satisfaction of 62 EXHIBIT C
CUP23-002 CONDITIONS OF APPROVAL
the City’s Fire Department inspector. The Subject Property shall be available and open for Fire Department, City Building Official, and/or City code enforcement safety inspections.

12.Nuisance: The Applicant’s Use of the Subject Property shall be conducted as to not constitute a nuisance to surrounding units and/or properties or the occupants thereof. The Applicant shall be considered responsible for the impacts created by the Applicant’s Use and activities. The Applicant shall implement all mitigation necessary to inhibit any noise, vibration, particulate, odors, overflow parking, and/or other negative impact(s) that this operation may or will generate. Any mitigation to abate negative impacts of the Applicant’s Use, as directed by the City, shall be implemented by the Applicant to the City’s satisfaction as to effectively mitigate such negative impacts. If the City Council finds at any time that any use of the Subject Property constitutes a nuisance, or is otherwise detrimental to the neighborhood or to the community, such use shall be discontinued or modified as may be required by the City.

D. General Requirements:

1. All commercial use type will remain consistent with the permitted uses as described in the Conditional Use Permit, which includes the following:
 Auto consulting;
 Vehicle Storage;
 Office;

2. Violation: If the City determines any term or condition of Master Conditional Use Permit CUP 23-002 has been violated, written notice shall be issued to the property owner, that if such violation is not corrected or removed within a specified time, a public hearing may then be scheduled where the City Council may consider amending or revoking Master Conditional Use Permit CUP 23-002 and may then order said Permits amended or revoked.

3. Interpretation: Any questions of intent or interpretation regarding any condition of Conditional Use Permit CUP 23-002 shall be resolved by the Community Development Director.

4. The issuance of Conditional Use Permit CUP 23-002 shall not supersede or override any applicable requirements of any other City, County, State, or Federal agency.

5. Business License - Office Occupant: The occupant of the office unit, as authorized by Conditional Use Permit CUP 23-002 shall obtain, maintain, 63 EXHIBIT C
CUP23-002 CONDITIONS OF APPROVAL
and annually renew a Sand City business license for the duration of occupancy and office activity within that unit of the subject property. 64 EXHIBIT D
CUP23-002 LOCATION MAP

EXHIBIT D

LOCATION MAP
65 EXHIBIT E
CUP23-002 AERIAL MAP

EXHIBIT E

AERIAL MAP
Subject
Property
66 EXHIBIT F
CUP23-002 SITE PLAN

EXHIBIT F

SITE PLAN
67 EXHIBIT
F
CUP23-002 SITE PLAN
68 EXHIBIT G
CUP23-002 SITE PHOTOS

EXHIBIT G

SITE PHOTOS
California Avenue
Elder Avenue
69 70

EXHIBIT I
CUP23-002 LETTER OF INTENT

EXHIBIT I
Letter of Intent
71 AGENDA ITEM
9B.

Approve a Resolution to Approve
Conditional Use Permit CUP 23-003 to
Establish a Single-Family Residential Unit
in the Existing Commercial Building at
1745 Hickory Street
72 CUP23-003 STAFF REPORT
City of Sand City

STAFF REPORT
TO: Honorable Mayor and City Council
FROM: Zane Mortensen, Interim City Planner
SUBJECT: Application for a Conditional Use Permit (CUP23-003) for a Single-Family Residential Unit at 1745 Hickory Street
DATE: July 18, 2023
_______________________________________________________________________ BACKGROUND/DISCUSSION:

An application for a Conditional Use Permit (CUP23-003) was submitted by Patrick Leech (the “Applicant”) to establish a single-family residential unit (the “Applicant Use”) in the existing 1,200 square-foot commercial property building at 1745 Hickory Street (APN # 001- 196-009) in the City of Sand City (the “Subject Property”). The Applicant Property has a non-coastal Planned-Mixed Use (MU-P) zoning designation of Mixed-Use (MU-D). A conditional use permit is required for all new residential uses within the MUP-zoning district.

Site Description:

The gross total area of the Subject Property is an approximately 2,500 square-feet with an existing single-story commercial building that is approximately 40-feet wide and 30-feet deep with a floor area of 1,200 square-feet. The property is located on the southwest corner of Hickory Street and Redwood Avenue with the main property entrance fronting Redwood Avenue. The buildings setbacks are approximately 12-feet on Hickory Street and 20-feet on Redwood Avenue and is capable of providing 3 parking spaces. The Applicant’s unit has been previously used as a commercial music studio and is currently being renovated to accommodate a single-family residential use. Utilities (i.e. gas, electric, water, sewer, etc.) are available to the building and street improvements (i.e. curb, gutter, drive-apron, etc.) in fair condition along the Subject Property’s Redwood Avenue frontage.

Project Description:

The proposed project would involve the remodeling of the 1,200 square-foot existing commercial building at 1745 Hickory Street to establish a single-family residential unit.

Land Use: The Subject Property has a Zoning Map designation of “Planned Mixed Use” and a General Plan designation of Mixed-Use Development (MU-D). Section 18.13.040 of the City’s Zoning Ordinance lists ‘Single-family residential’ as an allowable use subject to the issuance of a conditional use permit. The Applicant’s Use satisfies this zoning 73 CUP23-003 STAFF REPORT
definition. Therefore, staff finds the Applicant’s Use consistent and compatible with the intent of the General Plan and Zoning Code.

Parking: The property currently provides a total of three (3) parking spaces, which are accessible from Redwood Avenue. This satisfies the parking requirements for single family residential units in MU-P zoning of two (2) spaces per dwelling unit in accordance with Chapter 18.64 of the City’s Zoning Code.

Trash: Waste removal services are provided for the property. Trash containers will be physically moved on collection days to the curb by building occupants for service and removed from the public right-of-way directly following trash collection.

Water: The subject property has existing on-site water credit, which is sufficient to facilitate this project. No additional water allocation of water is required.

Consistency of Determination:

To ensure consistency with the approved use type outlined in the Conditional Use Permit (CUP23-003), renovations to create a single-family residential unit in the existing commercial building will require a building permit. The building permit process will include a final inspection of the property prior to occupancy.

Amendment of the Conditional Use Permit:

Any changes to the proposed use as described in the Conditional Use Permit CUP23-003 would require the submission and approval of a Planning Permit Amendment Application.

The application would require a detailed description of intended amendment to the permit use type, as well as the following additional submission information;  Letter of intent describing the details of the proposed amendment;  Floor plan illustrating any before and after changes;  Public notifications to property owners within a 300-foot radius of the project site; and
 All applicable fees and applicable reimbursement costs to the City of Sand City at the time of the Planning Permit Amendment Application submission.

CEQA:

The intended use of the subject property qualifies for a categorical exemption, under California Environmental Quality Act (CEQA) guidelines section 15303, New Construction or Conversion of Small Structures, consisting of the conversion of existing small structures from one use to another where only minor modifications are made. 74 CUP23-003 STAFF REPORT
FISCAL IMPACT:

There is no fiscal impact to the City associated with this action.

RECOMMENDATION:

Staff recommends approval of the Conditional Use Permit CUP23-003 for the Applicant.

ATTACHMENTS:

1. Exhibit A: Resolution SC23-003

2. Exhibit B: Findings of Approval

3. Exhibit C: Conditions of Approval

4. Exhibit D: Location Map

5. Exhibit E: Aerial Map

6. Exhibit F: Site Plan

7. Exhibit G: Floor Plan

8. Exhibit H: Site Photo

9. Exhibit I: Hazardous Material Questionnaire
5406910.1
75 EXHIBIT A

CITY OF SAND CITY
RESOLUTION_________, 2023

RESOLUTION OF THE CITY COUNCIL OF SAND CITY TO APPROVE CONDITIONAL USE PERMIT CUP23-003 TO ESTABLISH A SINGLE-FAMILY RESIDENTIAL UNIT IN THE EXISTING COMMERCIAL BUILDING AT 1745 HICKORY STREET WHEREAS, Patrick Leech (the “Applicant”) has submitted an application for approval of a Conditional Use Permit (CUP23-003) to establish a single-family residential unit in the existing 1,200 square-foot commercial property building at 1745 Hickory Street (APN # 001-196-009) in the City of Sand City; and
WHEREAS, the intended use type for the existing space would be single-family residential; and
WHEREAS, the intended use of the subject property qualifies for a categorical exemption, under California Environmental Quality Act (CEQA) guidelines section 15303; and
WHEREAS, existing on-site water credit will be sufficient to facilitate the project; and WHEREAS, the City Council of the City of Sand City has accepted the findings for approving Conditional Use Permit CUP23-003 as outlined in the City staff report, dated July 18th, 2023.

PASSED AND ADOPTED by the City Council of the City of Sand City this ___, day of _____, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
___________________________
Mary Ann Carbone, Mayor
ATTEST:

DATED: ____________________
___________________________
Kerry Lindstrom, City Clerk
76 EXHIBIT B
CUP23-003 FINDINGS OF APPROVAL

EXHIBIT B

CITY OF SAND CITY
CONDITIONAL USE PERMIT CUP23-003 FINDINGS OF APPROVAL
Project Name: Conditional Use Permit (CUP23-003) for a single-family residential unit at 1745 Hickory Street
Address: 1745 Hickory Street, Sand City, CA
Hearing Date: July 18th, 2023
Findings of Approval:

1. The intended use type of a single-family residential unit is consistent with the Planned Mixed-Use (MU-P) zoning of the surrounding properties as indicated on the City of Sand City Zoning Map.

2. The establishment of a single-family residential unit as described in CUP23-003 is allowed under the MU-P zoning regulations with an approved Conditional Use Permit.

3. Adequate parking has been provided on the property as specified in the Conditional Use Permit CUP23-003.

4. Water necessary to accommodate the proposed use type is available through the existing on-site water credit.

5. The intended use on a development property qualifies for a categorical exemption, under California Environmental Quality Act (CEQA) guidelines section 15303.

6. A notice detailing the project was submitted to local advisory agencies on June 8th, 2023. No comments or concerns regarding the project were receive from the advisory agencies.
77 EXHIBIT C
CUP23-003 CONDITIONS OF APPROVAL

EXHIBIT C

CITY OF SAND CITY
CONDITIONAL USE PERMIT CUP23-003 CONDITIONS OF APPROVAL Project Name: Conditional Use Permit (CUP23-003) for a single-family residential unit at 1745 Hickory Street
Address: 1745 Hickory Street, Sand City, CA
Hearing Date: July 18th, 2023
Conditions of Approval:

A. Permit Effectiveness/Time Limits:

1. Conditional Use Permit CUP23-003, is not valid, and project use(s) shall not commence, until two (2) copies of this Resolution/Permit, signed by the permittee and landowner, acknowledging receipt of the Resolution/Permit and acceptance of the terms and conditions, are returned to the City's Planning Department. Failure of the applicant to return the 2 copies of the signed Resolution/Permit within thirty (30) days from the date of City Council approval shall cause said Conditional Use Permit to become null and void unless good cause to grant an extension is found acceptable by the Community Development Director.

B. Land Use Terms and Conditions:

1. Property Maintenance: The site shall be maintained in a clean, orderly, weed-free, and litter-free condition. The property owner shall be responsible for maintenance and upkeep of the entire property.

2. Refuge storage & pickup: Trash, litter, boxes, crates, debris, or other used and/or discarded materials generated by the occupants of this building shall be stored within the appropriate waste collection receptacle(s).

Except on a designated trash collection day, said waste receptacle(s) shall be screened from public view. The property owner shall be responsible for arranging and providing waste hauler access for standard pick-up services.

3. Hazardous Material: No hazardous materials will be stored or used onsite. 78 EXHIBIT C
CUP23-003 CONDITIONS OF APPROVAL
C. General Requirements:

1. All commercial use type will remain consistent with the permitted uses as described in the Conditional Use Permit, which includes the following:
 Single-family residential

2. Violation: If the City determines any term or condition of the Conditional Use Permit CUP23-003 has been violated, written notice shall be issued to the property owner, that if such violation is not corrected or removed within a specified time, a public hearing may then be scheduled where the City Council may consider amending or revoking the Conditional Use Permit CUP23-003 and may then order said Permits amended or revoked.

3. Interpretation: Any questions of intent or interpretation regarding any condition of Conditional Use Permit CUP23-003 shall be resolved by the Community Development Director.

4. The issuance of Conditional Use Permit CUP23-003 shall not supersede or override any applicable requirements of any other City, County, State, or Federal agency.
79 EXHIBIT D
CUP23-003 LOCATION MAP

EXHIBIT D

LOCATION MAP
80 EXHIBIT E
CUP23-003 AERIAL MAP

EXHIBIT E

AERIAL MAP
81 EXHIBIT F
CUP23-003 SITE PLAN

EXHIBIT F

SITE PLAN
82 EXHIBIT G
CUP23-003 FLOOR PLAN

EXHIBIT G

FLOOR PLAN
83 EXHIBIT
G
CUP23-003 FLOOR PLAN
84 AGENDA ITEM
10A.

Approve a Resolution Authorizing the City
Manager to Execute and Amendment to
the Management and Administrative
Services Agreement with Regional
Government Services (RGS) in an Amount
Not to Exceed $220,700 and Extend the
Term of the Agreement to June 30, 2024
85 City of Sand City

STAFF REPORT
TO: Honorable Mayor and City Council
FROM: Vibeke Norgaard, City Manager
SUBJECT: Resolution Approving an Amendment to the Management and Administrative Services Agreement with Regional Government Services DATE: July 18, 2023
_______________________________________________________________________ BACKGROUND/DISCUSSION:

The City entered into an agreement for Municipal Finance and HR Services with Regional Government Services (RGS) on February 16, 2023. The purpose of the agreement was to provide financial services as a stopgap measure to assist the City in the transition after the prior Finance Specialist retired. The agreement was for $68,000 and a term ending June 30, 2023.

Roberto Moreno and Cherie Johnson of RGS, as well as other RGS personnel, have provided full finance and HR services to the City. Their services have included assisting the City onboard a series of new employees, conduct interviews, solve HR issues, and prepare the new FY 23-24 budget --all while maintaining the general finance and HR services needed on a day-to-day basis. While the prior Finance Specialist was still employed, RGS learned the existing processes at the City from her in the short time between her announced retirement and her departure in order to transfer that information to the new Finance Manager once hired. Staff has been very satisfied with the level of services provided by RGS.

After a candidate search, and series of interviews, the new Finance Manager was found, hired and started working for the City on June 19, 2023. The process to find a highly qualified candidate took longer than expected, resulting in an increased need for RGS’s services in the spring of 2023. The services provided therefore exceeded the amount contemplated under the existing agreement. In addition, RGS’s continued services are needed -- to both train and provide support to the new Finance Manager, as well as to assist in the implementation of some much-needed improvements to systems that RGS has identified.

The proposed Amendment will increase the original contract amount by $152,000 to a not to exceed amount of $220,700 as well extend the agreement another year through June 30, 2024. During this time RGS will assist with the audit, assist with various HR and Payroll improvements and well as other services as requested. All other provisions of the Agreement will remain the same.
86 CEQA:

This action does not constitute a "project" as defined by the California Environmental Quality Act (CEQA) guidelines section 15378.

FISCAL IMPACT:

The City budgeted $71,400 in its FY 23-24 budget for RGS’s continued assistance.

The additional increased contract amount for services through June 30, 2023 will be absorbed in the City’s 22-23 budget.

RECOMMENDATION:

To adopt a resolution approving the Amendment to the Management and Administrative Services Agreement with Regional Government Services.

ATTACHMENTS:

1. Resolution

2. DRAFT Amendment to Agreement.
87 CITY OF SAND CITY
RESOLUTION SC 23- , 2023

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAND CITY AUTHORIZING

THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE MANAGEMENT

AND ADMINISTRATIVE SERVICES AGREEMENT WITH REGIONAL
GOVERNMENT SERVICES (RGS) IN AN AMOUNT NOT TO EXCEED $220,700 AND EXTEND THE TERM OF THE AGREEMENT TO JUNE 30, 2024
WHEREAS, the City entered into an agreement for Finance and HR Services with Regional Government Services (RGS) on February 16, 2023; and WHEREAS, the estimated original costs are more than anticipated; and WHEREAS, the City desires continued services in fiscal year 2023-24.

NOW THEREFORE BE IT RESOLVED, by the City Council of the City of Sand City that the City Manager is authorized to enter into an Amendment for Management and Administrative Services Agreement with Regional Government Services (RGS) in substantially the same form as that attached as Exhibit A,
PASSED AND ADOPTED by the City of Sand City this day of July 18, 2023 by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

ATTEST:

Mary Ann Carbone, Mayor
Kerry Lindstrom, City Clerk
88 RGS provides quality, innovative, cost-effective services exclusively to public agencies.

Main 650.587.7300 Fax 650.587.7311 P.O. Box 1350 Carmel Valley, CA 93924 www.rgs.ca.gov
AMENDMENT NO. 1 TO MANAGEMENT AND ADMINISTRATIVE

SERVICES AGREEMENT
This first amendment to the Management and Administrative Services Agreement between the CITY OF SAND CITY (“Agency”) and Regional Government Services Authority, hereinafter called “RGS” is made and entered into this 1 ST day of July 2023.

RECITALS
The Agency and RGS entered into an Agreement for services dated February 16, 2023.

This Amendment is entered into with reference to the following facts and circumstances:

A. Section 2, Term and Termination of Agreement, subsection 2.21 is amended to extend the anticipated date of completion to June 30, 2024.

B. Section 3, Compensation, is amended to increase the Not To Exceed (NTE) amount by $152,700, to a revised total of $220,700.

C. All other terms and conditions of the Agreement shall remain in full force and effect.

IN WITNESS WHEREOF, the parties hereto have caused this Additional Services Amendment to be executed on the date first above written by their respective officers duly authorized in that behalf.

Dated: Dated:

Agency RGS
Vibeke Norgaard, City Manager Sophia Selivanoff, Executive Director 89 AGENDA ITEM
10B.

Comments by Councilmembers on Items
of Interest to Sand City
90

Sand City City CouncilJuly 18, 2023

Sand City City Council
July 18, 2023