Agenda packet — Sand City City Council, November 5, 2024 (part 1 of 2)

CITY COUNCIL REGULAR MEETING

JOINT SAND CITY COUNCIL AND

SUCCESSOR AGENCY OF THE

REDEVELOPMENT AGENCY
TUESDAY, NOVEMBER 5, 2024
5:30 PM
1 AGENDA

JOINT SAND CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
City Council Regular Meeting - Tuesday, November 5, 2024 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 WEBINAR LIVE:
https://us02web.zoom.us/j/88349100938
Webinar ID: 883 4910 0938
To participate telephonically by calling the number below:
(669) 900-6833
Webinar ID: 883 4910 0938#
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). 2 1. ROLL CALL

2. PLEDGE OF ALLEGIANCE

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

4. 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.

5. 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.
5A. Approve the City Council Regular Meeting Minutes for April 4, 2023, April 18, 2023, October 1, 2024, and the Special Meeting Minutes for October 22, 2024 Draft Minutes
5B. Hold Second Reading and Adopt an Ordinance Adding Chapter 18.102, “Commercial Cannabis Uses”, Adding Section 18.19.030.B. to Chapter 18.19 “Conditional Uses”, and Deleting Section 18.69.010, “Medical Marijuana Dispensaries, Delivery, Cultivation, and Sales” in its Entirety, and Amending Section 18.82.030 “Penalties”, of Title 18, “Zoning”, of the Sand City Municipal Code
Staff Report
Ordinance
5C. Annual Military Equipment and Use Update Report
Staff Report
Ordinance SC 23-03
Policy, SCPD Policy 706
Policy, SCPD Policy 706, SCPD Equip Owned Oper
5D. Approve a Resolution Approving the Carry Forward Professional Service Agreement with EMC Planning Group, Inc for Fiscal Year 2024-2025 for Website Design at a Cost not to Exceed $85,000 Through June 30, 2025 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, and the City Clerk will call on your name.
3 Staff Report
Professional Services Agreement
Exhibit A Additional Scope of Services
Exhbit B - Fee Schedule
5E. Acceptance of City/Successor Agency Financial Reports from August 2024 Staff Report
Month End Cash Register Activity Report
Month End Cash Disbursement Report
Successor Agency Trial Balance Report
5F. Acceptance of City/Successor Agency Financial Reports from September 2024 Staff Report
Month End Cash Register Activity Report
Month End Cash Disbursement Report
Successor Agency Trial Balance Report

6. CONSIDERATION OF ITEMS PULLED FROM CONSENT CALENDAR

7. PRESENTATION
7A. South of Tioga Hotel Project Update: Tom Jacobson, EKN Development

8. PUBLIC HEARING

9. NEW BUSINESS
9A. Approve a Resolution Approving a Professional Service Agreement with TL Engineering in the Amount of $18,347 to Perform an Engineering and Traffic Survey (E&TS) Analysis Related Services for the City of Sand City Staff Report
Resolution
Professional Services Agreement
9B. Approve a Resolution Approving a Lease Agreement with Moore Twining Associates, Inc. for the Lease of Property Located at 501 Ortiz Avenue and Authorizing the City Manager to Execute the Agreement
Staff Report
Resolution
Draft Lease Agreement
9C. Approve a Resolution Establishing General Procedures and Criteria for the Issuance of Permits for Storefront Retail Commercial Cannabis Business Uses and Authorizing the City Manager to Prepare and Implement Administrative Procedures and Criteria for Review and Issuance of Related Operator Permits Staff Report
Resolution
4 9D. Sand City Coastal Trail Draft Conceptual Plans
Staff Report
Exhibits A, B, C, & D
9E. Sand City Multiuse Trail Conceptual Plans
Staff Report
Exhibit A
Exhibit B
Exhibit C
9F. Approve a Resolution to Amend the Professional Service Agreement with EMC Planning Group, Inc for Fiscal Year 2024-2027 (Resolution SC 24-50) to Include the Addition of $180,000 for Each Year of the Agreement to Cover Costs Related to Long-Range Planning and Special Projects Through June 30, 2027 Staff Report
Resolution
Contract Amendment
Exhibit A
9G. Consideration and Approval for the Cancellation of the January 7, 2025 Regular City Council Meeting

10. COMMENTS BY COUNCILMEMBERS ON ITEMS OF INTEREST TO SAND CITY

11. CLOSED SESSION
City Council/Successor Agency Board to adjourn to Closed Session regarding:
11A.

Conference with real property negotiators pursuant to Government Code Section 54956.8 Property: 1715 & 1717 Contra Costa Street, APN's 011-231-020 & 021; City Negotiators: City Manager Vibeke Norgaard, City Attorney Adam Lindgren, Negotiating Parties: Kelly Morgan Trust Negotiation: Price and terms of payment 11B.

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

12. 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 6

AGENDA ITEM
5A.

Approve the City Council Regular Meeting
Minutes for April 4, 2023, April 18, 2023,
October 1, 2024, and the Special Meeting
Minutes for October 22, 2024
7 1

MINUTES

JOINT SAND CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
Regular Meeting - Tuesday, April 4, 2023 5:30 PM
As allowed by Assembly Bill AB 2449, this meeting was conducted in person and by teleconference.

Mayor Carbone called the meeting to order at 5:30 PM.

1. ROLL CALL

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

2. PLEDGE OF ALLEGIANCE
Police Chief Brian Ferrante led the Pledge of Allegiance.

3. INVOCATION
Reverend Hellam made the invocation.

4. ANNOUNCEMENT BY MAYOR, CITY ATTORNEY, AND CITY MANAGER City Manager Norgaard announced:
• California Avenue will close for 2 weeks due to road work. • Escrow closed on The Independent and is now owned by DiversyFund real estate investment.
• POA negotiations have concluded and a contract will be brought to Council for approval in early May.
• The City is pursuing many grants. Police Chief Ferrante is working with grant writers for grants to go towards the Police Department to offset costs. • Advertising for the finance position will go out by the end of next week. • The we.Mural Festival RFP has been issued with a closing date of May 1, 2023. • After attending MBASIA meetings have learned the City’s insurance premiums will go down.
• The housing element has had a lot of movement forward. • Sand Dunes Drive is closed again due to the wind carrying sand and covering the road.
• Thank you to Mayor Carbone for all her planning and preparation for the City BBQ. • MST had a stakeholder meeting regarding the MST SURF! line. Staff attended the meeting and raised concerns from Council regarding parking. • Regarding Calabrese Park, the playground equipment has been ordered and is on its way. The City will initiate a notice to proceed once received. • Police Chief Ferrante has announced that he will retire in June 2023. 8 2

5. COMMUNICATIONS
No public comment received.

6. CONSENT CALENDAR
Public comment received from Luke Kilpatrick
Upon motion by Councilmember Hawthorne and seconded by Vice Mayor Blackwelder, Council voted to approve the Consent Calendar.

Motion carried 4-0 by the following vote:

AYES: Mayor Carbone, Vice Mayor Blackwelder, Councilmembers Hawthrone and Sofer.

NOES: None.

ABSENT: None.

ABSTAIN: None.
6A. Approved SB511 Support Letter regarding Greenhouse Gas Inventories. 6B. Approved Resolution SC 23-16 authorizing the application for the SB379 California Automated Permit Processing Program (CALAPP).
6C. Approved National Public Works Week Proclamation.

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

8. PUBLIC HEARING
8A. New Councilmember Interviews
City Manager Norgaard informed the Council the candidates will draw straws to determine the order in which they will present to the Council. Any interested candidate will have the option to give a brief 5-10 minute presentation about themselves and answer any questions the Council may have. The Council may discuss each candidate and announce their top two choices. The City Clerk will tabulate the top two preferred candidates.

The candidates drew straws and determined the order in which the candidates would present themselves. The order was as follows: Don Difede, Tom McCullough, Luke Kilpatrick, Marilee Diaz, and Michelle Adams.

Tom Mc Cullough, Luke Kilpatrick, Marilee Diaz, and Michelle Adams presented themselves to the Council and answered various questions from the Council.

Don Difede was not in attendance and did not present to the Council.

Public comment received from Public Speaker and Michelle Djokic.

The Council wrote their vote on sheets of paper for their top two candidates. The 9 3
City Attorney announced the ballots are public record.

The City Clerk announced the Council’s votes:

Vice Mayor Blackwelder – Luke Kilpatrick and Michelle Adams Councilmember Hawthorne – Luke Kilpatrick and Tom McCullough Mayor Carbone – Marilee Diaz and Michelle Adams
Councilmember Sofer – Marilee Diaz and Michelle Adams
The Council came to a consensus to advance the top three candidates, Michelle Adams, Marilee Diaz, and Luke Kilpatrick, to the next City Council meeting on April 18, 2023.

9. NEW BUSINESS
9A. Comments by Councilmembers on Items of Interest to SandCity Vice Mayor Blackwelder expressed concerns about the dunes disappearing. 9B. Upcoming Meetings/Events
Councilmember Sofer noted recent meetings have been cancelled due to weather.

10. CLOSED SESSION
10A. City Council/Successor Agency Board to Adjourn to Closed Session Regarding Public Employee Performance Evaluation (Government Code §54957) Title: City Manager Performance Evaluation.
10B. Re-adjourn to Open Session to report any action taken at the conclusion of Closed Session in accordance with California Government Code §54957.1 Interim City Attorney Lindgren reported took no reportable action.

11. PRESENTATION
Public comment received from Luke Kilpatrick.
11A. Received the ReState Coastal Conservancy Grant Presentation from Michael Grovesand Elizabeth King of EMC Planning Group, Inc.

12. ADJOURNMENT
Council adjourned the meeting at approximately 8:45 PM. ____________________________
Kerry Lindstrom, City Clerk
10 1

MINUTES

JOINT SAND CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
Regular Meeting - Tuesday, April 18, 2023 5:30 PM
As allowed per Assembly Bill AB2449, this meeting was conducted in person and by teleconference
Mayor Carbone opened the meeting at 5:30PM.

1. ROLL CALL

Present: Mayor Mary Ann Carbone
Councilmember Blackwelder
Councilmember Hawthorne
Councilmember Sofer
Staff: City Manager Vibeke Norgaard
Interim City Attorney Adam Lindgren
City Clerk Kerry Lindstrom
City Planner Zane Mortensen

2. PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Police Chief Brian Ferrante.

3. INVOCATION
The invocation was led by Reverend Robert Hellam.

4. ANNOUNCEMENT BY MAYOR, CITY ATTORNEY, AND CITY MANAGER Mayor Carbone announced:
• Copies of the Mayor’s Report were placed on the table in the Council Chamber for the public.
• There will be a weed pulling party this weekend, April 22-23, 2024 • The MMIW event will take place on May 6, 2023 at the Oldemeyer Center, the topic of discussion will be on AB1314.
• A flyer was made available from the Department of Social Services regarding help for families affected by recent storms.

City Manager Norgaard reported:
• Both the Finance and Police Chief positions were posted. • Jayson Fann moved into the lot next to the Independent and has a temporary lease with the owners and a CUP from the City and has approached the City for a temporary arrangement to provide music education in the Art Park. • The RFP for mural curator services has gone out and may extend the deadline by two weeks to give plenty of time for a response.
• South of Tioga - This is the second week of road closures due to new streets being built. EKN will request a building permit after arranging financing. • Matt Papurello from EMC has been working with Mark Parker to find areas in the City for urban greening development.
• EMC has provided a draft of the Housing Element. Will bring to Council at a future meeting.
• Continuing to work with Finance on the budget for 2023-24. 11 2
Interim City Attorney announced:
• Reminded the Council that he will be attending the League of California Cities city attorney conference starting on May 17, 2024.

5. COMMUNICATIONS
Public comment received from Brian Clark.

6. CONSENT CALENDAR
No public comment received.

Upon motion by Vice Mayor Blackwelder and seconded by Councilmember Hawthorne, the Council voted to add an emergency item as Item 6B, to the Consent Calendar.

Motion carried 4-0 by the following vote:

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

NOES: None.

ABSENT: None.

ABSTAIN: None.

Upon motion by Vice Mayor Blackwelder and seconded by Councilmember Sofer, the Council approved the Consent Calendar.

Motion carried 4-0 by the following vote:

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

NOES: None.

ABSENT: None.

ABSTAIN: None.
6A. Approved Resolution SC 23-17 recognizing National Crime Victims' Rights Week.
6B. Approved Letter of Support to Monterey Peninsula Airport District Regarding Fire Emergency Services.

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

8. PRESENTATION
8A. The City Council received a presentation on the SURF! Busway & Bus Rapid Transit Project presented by Lisa Rheinheimer, Assistant General Manager, Monterey-Salinas Transit.

Public comment received from Brian Clark and Luke Kilpatrick.

9. PUBLIC HEARING
12 3
9A. Consideration of Candidates to Fill the Vacant Seat on City Council and Appointment of a City Councilmember to Serve the Remaining Term of Former Councilmember Cruz
Public comment was received from Roy Meadows, Jessica Adam, Brian Clark, and Tom McCullough.

City Manager Norgaard instructed the Council to take turns at the dais announcing their top two choices from the candidates, Michelle Adams, Marilee Diaz, and Luke Kilpatrick.

After the Council each announced their votes, the votes were tabulated by the City Clerk with four votes for Marilee Diaz, three votes for Michelle Adams, and one vote for Luke Kilpatrick.

Mayor Carbone announced Michelle Adams and Marilee Diaz as the top two candidates.

The Council took turns at the dais announcing their top candidate. The votes were tabulated by the City Clerk with three votes for Marilee Diaz and one vote for Michelle Adams.

Marilee Diaz was voted to fill the vacant seat on the City Council and appointed as City Councilmember to serve the remaining term of former Councilmember Cruz.

10. NEW BUSINESS
None.

11. CLOSED SESSION
None.

12. ADJOURNMENT
Council adjourned the meeting at approximately 6:56PM.
____________________________
Kerry Lindstrom, City Clerk
13 1

MINUTES

JOINT SAND CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
City Council Regular Meeting - Tuesday, October 1, 2024, 5:30 PM As allowed by Assembly Bill AB 2449, this meeting was conducted in person and by teleconference.

Vice Mayor Blackwelder called the meeting to order at 5:30 PM.

1. ROLL CALL

Present: Vice Mayor Blackwelder
Councilmember Diaz
Councilmember Hawthorne
Councilmember Sofer

Absent: Mayor Carbone
Staff: City Manager Vibeke Norgaard
City Attorney Adam Lindgren
City Clerk Kerry Lindstrom

2. PLEDGE OF ALLEGIANCE
Councilmember Diaz led the Pledge of Allegiance.

3. ANNOUNCEMENT BY MAYOR, CITY ATTORNEY, AND CITY MANAGER City Manager Vibeke Norgaard announced:
• In connection with the 2024 we.Mural Festival, the Art Battle will take place on Friday, October 4, 2024, at 3:00 PM in the courtyard at The Independent. • The Fire Department responded to a fire at the Lift Station. The fire was in the sewage tank and had filled with gas; local response teams responded quickly. • The Candidates’ Forum will be held at 6:00 PM on Wednesday, October 2, 2024 in the courtyard at The Independent.
• Light bulbs are now in the street lights on Park Avenue. • The windows are now being installed at the South of Tioga project.

City Attorney Adam Lindgren announced:
• AB98 is being signed by the Governor and the City Attorney’s Office will work with the Sand City Planning Department on more significant land use laws that might affect the City or the need to update codes in the near future. • Looking forward to attending the League of California Cities 2024 Annual Conference along with the City Council and the City Manager.

4. COMMUNICATIONS
Public comment received from Steve Wilson, Luke Kilpatrick, and Taylor Hubler.

5. CONSENT CALENDAR
No public comment received.

Upon motion by Councilmember Hawthorne and seconded by Councilmember Diaz, Council voted 4-0-1, Mayor Carbone absent, to approve the Consent Calendar. 14 2
5A. Approved the City Council Regular Meeting Minutes for May 2, 2023, May 16, 2023, and the Special Meeting Minutes and Regular Meeting Minutes for September 17, 2024.

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

7. PUBLIC HEARING
7A. First Reading of an Ordinance Adding Chapter 18.102, "Commercial Cannabis Uses", Adding Section 18.19.030.B. to Chapter 18.19 "Conditional Uses", and Deleting Section 18.69.010, "Medical Marijuana Dispensaries, Delivery, Cultivation, and Sales" in its Entirety, and Amending Section 18.82.020 "Violations Unlawful", of Title 18, "Zoning", of the Sand City Municipal Code Public comment received from Michelle Adams and Luke Kilpatrick.

Upon motion by Councilmember Hawthorne and seconded by Councilmember Diaz, Council voted 3-1-1, Mayor Carbone absent, Vice Mayor Blackwelder dissenting, waived reading of the ordinance in full and read by title only and held first reading of an ordinance adding Chapter 18.102, “Commercial Cannabis Uses”, adding Section 18.19.030.B. to Chapter 18.19 “Conditional Uses”, and deleting Section 18.69.010, “Medical Marijuana Dispensaries, Delivery, Cultivation, and Sales” in its entirety, and amending Section

18.82.020 “Violations Unlawful”, of Title 18, “Zoning”, of the Sand City Municipal Code.

8. NEW BUSINESS
8A. Approve a Resolution Accepting Public Art and Approving Site Selection for the Craig Hubler Memorial
Public comment received from Taylor Hubler and Steve Vagnini.

Upon motion by Councilmember Sofer and seconded by Councilmember Hawthorne, Council voted 4-0-1, Mayor Carbone absent, to approve Resolution SC 24-63 accepting public art and approving site selection for the Craig Hubler Memorial.
8B. Discussion and Consideration of RFP for Planning and Execution of the Sand City West End Celebration
Public comment received from Steve Vagnini, Luke Kilpatrick, and Steve Wilson.

Upon motion by Councilmember Hawthorne and seconded by Councilmember Diaz, Council voted 4-0-1, Mayor Carbone absent, directing Staff to prepare and issue a Request for Proposal for services for the 2025 West End Celebration.

9. COMMENTS BY COUNCILMEMBERS ON ITEMS OF INTEREST TO SAND CITY Councilmember Hawthorne announced:
15 3
• The 2024 we.Mural Festival is taking place and he had dinner with the artists and stated they are a great group. The murals add positivity to the City and Sand City will be known as the Art City. The Art Battle will take place on Friday, October 4, 2024, at 3:00 PM in the courtyard at The Independent.

Vice Mayor Blackwelder announced:
• Another board he sits on issued a white paper and it would be good to have in the event of turnover and when new people come aboard.

Councilmember Hawthorne announced:
• Councilmembers make decisions for the City and not for personal interest, to help the whole City. That is something to keep in mind when running for City Council.

10. ADJOURNMENT
Council adjourned the meeting at 6:54 PM.
____________________________
Kerry Lindstrom, City Clerk
16 1
AGENDA

JOINT SAND CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
City Council Special Meeting - Tuesday, October 22, 2024 4:30 PM As allowed by Assembly Bill AB 2449, this meeting was conducted in person and by teleconference.

Mayor Carbone called the meeting to order at 4:34 PM.

1. ROLL CALL

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

2. COMMUNICATIONS
Public Comment received from Brian Clark

3. REGULAR AGENDA
3A. Review and Approval of Request for Proposals for Event Production and Management of the Sand City West End Celebration
Public comment received from Brian Clark.

Upon motion by Councilmember Hawthorne and Councilmember Diaz, the Council voted 5-0, approving the Request for Proposals for event production and management of the Sand City West End Celebration.

4. ADJOURNMENT
Council adjourned the meeting at 5:11 PM.
____________________________
Kerry Lindstrom, City Clerk
17 AGENDA ITEM
5B.

Hold Second Reading and Adopt an
Ordinance Adding Chapter 18.102,
“Commercial Cannabis Uses”, Adding
Section 18.19.030.B. to Chapter 18.19
“Conditional Uses”, and Deleting Section

18.69.010,“Medical Marijuana
Dispensaries, Delivery, Cultivation, and
Sales” in its Entirety, and Amending
Section 18.82.030 “Penalties”, of Title 18,
“Zoning”, of the Sand City Municipal Code
18 City of Sand City

STAFF REPORT
TO: Honorable Mayor and City Council
FROM: Vibeke Norgaard, City Manager
Anthony Amara, City Attorney
Brian Foucht, Contract Planner – EMC Planning Group
SUBJECT: Commercial Cannabis Business Ordinance- Second Reading, Adoption DATE: November 5, 2024
_______________________________________________________________________ BACKGROUND:

Commercial and medicinal cannabis businesses are currently prohibited within the City (Municipal Code Section 18.69.010).

In 2021 the City Council directed staff to prepare a draft Commercial Cannabis Ordinance. An initial draft was provided to the City Council in April, 2022. Subsequently, in October 2023, the City was awarded a Cannabis Retail Access Grant of $115,000 from the State of California Department of Cannabis Control (DCC).

Discussion:

1. Ordinance Adoption
The City Council conducted a public hearing, and introduced the ordinance on October 1, 2024. There are no significant modifications to the ordinance resulting from public testimony. City Council members inquired whether retail deliveries, allowed as part of a retail-only license, could be facilitated via telephone or via a retailer’s website. Dept of Cannabis Control regulations 4 CCR section 15415.1 will allow remotely requested deliveries, provided that the telephone or internet service provider used to facilitate orders is wholly separate from the licensed retail business marketing and operations.

The proposed ordinance includes City standards for permitting and operation of licensed Commercial Cannabis Business uses and seeks to ensure the public health and safety and, at the same time, streamline the City’s process, as follows:
 Defines a Commercial Cannabis Business only as a storefront retail commercial use enabled via a Type 10 License from the State of California Department of Cannabis Control (DCC); i.e. the ordinance does not allow cultivation, processing, 19 manufacture, wholesale, or warehousing or distribution unrelated to a storefront retail business;
 Includes definitions and requirements that are specific to storefront retail commercial uses;
 Limits retail commercial cannabis businesses to the Regional Commercial (C-4) Zoning District;
 Requires a Conditional Use Permit and Operator Permit issued by the City;  Requires applicants for Conditional Use Permit and Operator Permit to submit applications to the City that document full compliance with all applicable DCC regulations;
 Requires Retail commercial cannabis uses only within an enclosed building;  Enables delivery as part of Retail commercial business. Deliveries may be facilitated by a technology platform, the provider of which is wholly independent of the retailer; i.e. not involved with the retailer in any way except to provide the service.
 Enables Local Law Enforcement oversight and inspections of storefronts and vehicles, including implementation of DCC License security requirements;  Enables denial and revocation by the City Council of Operator Permit and CUP for violation of licensure requirements;
 Enables the City Manager to develop a Commercial Cannabis Retail permit process; and
 References an equity application consultant will provide assistance as needed.

2. The City Manager will use grant funds, following adoption of the ordinance, to:
a) Establish and administer a local cannabis retailer licensing program as described in its application for grant funds; and
b) Enter into a contract with a qualified Equity Applicant Consultant for a not-to-exceed amount of $15,000.00.

CEQA:

The proposed amendments are Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Guideline Section 15061 (b) (3) due to a) operation of the ordinance, as required therein, in compliance with City of Sand City State of California Laws, Regulations and Guidelines; b) regulation of specific uses allowed by this ordinance; and c) the required operation of this ordinance to render potential environmental as de-minimis, with certainty that no environmental effects will result from operation of the ordinance.

RECOMMENDATION:

Staff recommends that the City Council:
20 1. Motion for adoption of the ordinance
ATTACHMENTS:

1. Commercial Cannabis Business Ordinance
21 CITY OF SAND CITY
ORDINANCE NO SC 24-___, 2024

ORDINANCE OF THE CITY COUNCIL OF SAND CITY, STATE OF CALIFORNIA, ADDING CHAPTER 18.102, “COMMERCIAL CANNABIS USES”, ADDING SECTION

18.19.030.B. TO CHAPTER 18.19 “CONDITIONAL USES”, AND DELETING SECTION 18.69.010, “MEDICAL MARIJUANA DISPENSARIES, DELIVERY, CULTIVATION, AND SALES” IN ITS ENTIRETY, AND AMENDING SECTION

18.82.030 “PENALTIES”, OF TITLE 18, “ZONING”, OF THE SAND CITY MUNICIPAL CODE
WHEREAS, in 1996, the voters of the State of California approved Proposition 215, which was codified as Health and Safety Code Section 11362.5 et seq., and entitled the Compassionate Use Act of 1996 (“CUA”), which intended to enable seriously ill Californians to legally possess, use, and cultivate cannabis for medical use under limited, specified circumstances; and
WHEREAS, in 2004, the California legislature enacted Senate Bill 420, the Medicinal Marijuana Program (the “MMP”), which, as codified in California Health and Safety Code Section 11362.7 et seq., was intended to clarify the CUA’s scope and immunize from criminal prosecution, under specified state laws, certain activities and conduct related to the provision of medicinal cannabis to qualified patients; and WHEREAS, on November 8, 2016, the voters of the State of California approved Proposition 64, entitled the “Control, Regulate and Tax Adult Use of Marijuana Act,” which legalizes and regulates adult-use cannabis in California; and WHEREAS, the State has established an integrated licensing and regulatory system for both medicinal and adult use cannabis businesses consistent with Propositions 215 and 64 entitled the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”), codified in Business and Professions Code section 26000 et seq.; and
WHEREAS, Business and Professions Code section 26200 expressly recognizes the ability of cities to completely prohibit all medicinal and adult-use cannabis businesses or to allow and regulate such businesses; and WHEREAS, the City has an existing citywide prohibition against all types of medicinal and commercial cannabis facilities and activity, codified in Section 18.69.010 of the Sand City Municipal Code, which the City now wishes to repeal; and WHEREAS, the City applied for a Retail Access Grant (the “Grant”) from the State of California Department of Cannabis Control which was awarded to the City in the amount of $115,000.00, to be expended prior to June 30, 2026; and to which this Ordinance is subject to the terms and conditions of; and WHEREAS, a key requirement of the Grant will mandate the City provide opportunities and assistance to “Equity Applicants”, which are generally described as those who were disadvantaged by the prior criminalization of cannabis; and 22 WHEREAS, upon information and belief, the City Council finds that allowing a limited number of commercial cannabis businesses in the City, subject to regulation, will benefit the local economy by providing jobs and opportunities to residents and Equity Applicants alike, while also providing other tangible community benefits, to be memorialized in a Community Benefit Agreement with approved commercial cannabis operators; and
WHEREAS, in order to protect the public health, safety, and welfare, the City desires to permit, commercial cannabis activity in the City subject to regulation as set forth in this ordinance; and
THE CITY COUNCIL OF THE CITY OF SAND CITY HEREBY ORDAINS AS FOLLOWS:

SECTION 1: Chapter 18.102 is hereby added to Title 18 of the Sand City Municipal Code to read in its entirety as follows:

18.102.010 - Purpose.

18.102.020 - Definitions.

18.102.030 – Permitted Cannabis Businesses.

18.102.040 – Requirements to Operate a Cannabis Business in the City.

18.102.050 - Location and Minimum Proximity Requirements.

18.102.060 - Application Procedures.

18.102.070 - Taxes.

18.102.080 – Appeals, Costs Of Enforcement, Liability and Indemnification.

18.102.010 - Purpose.
(a) The purpose of this section is to identify and establish standards for commercial cannabis uses that are conditionally permitted in certain Zoning Districts, but which have the potential to create significant effects on the community and surrounding properties. Furthermore, it is the purpose and intent of this section to:
(1) Incorporate by reference applicable Medicinal and Adult Use Commercial Cannabis Regulations for “M” and “A”, Type 10 licenses, respectively, in effect on the date that this section becomes effective, and as may be amended from time to time;
(2) Limit Commercial Cannabis Uses within the City of Sand City solely to storefront commercial retail uses for both “M” and “A” licenses, as defined in Business and Professions Code 26001(a), (ai);
(3) Establish standards for the issuance of permits for retail commercial storefront cannabis uses by specifying the Zoning Districts wherein such uses may be located and the location of such uses in relation to other uses within the City of Sand City;
23 (4) Assist law enforcement agencies in performing their duties effectively and in accordance with California law.
(5) Acknowledge that, notwithstanding the enactment in California of the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”), the authority under which the provisions of this Chapter are incorporated within the Municipal Code, all forms of cannabis cultivation, processing, manufacture, distribution, sale and use of cannabis is illegal under federal law, and the provisions of this Chapter grant limited immunity from local prosecution to those medical and nonmedical cannabis activities that do not violate the restrictions and limitations set forth in this Chapter and relevant California law.
(6) Ensure that cannabis sold for medical and nonmedical purposes remains secure and does not find its way to minors or illicit markets. (7) This Section shall not apply to legal medical cannabis or recreational cannabis activities carried out exclusively for one’s personal use that does not involve or commercial activity otherwise regulated by this section.

18.102.020 - Definitions.
(a) “Cannabis” means that plant and all derivatives as defined in Business and Professions Code section 26001(f) and California Health and Safety Code section 11018 as both may be amended from time to time. Any reference to cannabis or cannabis products shall include medicinal and nonmedicinal cannabis and medical and nonmedical cannabis products unless otherwise specified. .
(b) “Cannabis Delivery” means the commercial transfer of cannabis or cannabis products to a customer pursuant to MAUCRSA or to a primary caregiver or qualified patient as defined in Section 11362.7 of the Health and Safety Code, as may be amended.
(c) “Cannabis Commercial Retail Business” or “Retailer” means a use requiring solely a Type 10 License wherein cannabis is offered for retail sale solely within a fully enclosed building. Such uses may include delivery, defined in Business and Professions Code 26001(r), and in accordance with applicable provisions of Department of Cannabis Control Regulations Section 15311, as may be amended, and in accordance with state and local laws and regulations. (d) “Cannabis license” means a “A” or “M” license issued by the State of California Department of Cannabis Control issued pursuant to MAUCRSA and in accordance with Department of Cannabis Control Regulations Section Chapter 3, Section 15400 et seq.
(e) “Cannabis licensee” means a person issued a state license under MAUCRSA to engage in retail commercial cannabis sales and related activities. (f) “Cannabis products” means cannabis offered for retail sale by a Type 10 licensee in accordance with provisions of this Chapter.
24 (g) “Child care center” shall have the same meaning as “day care center” in Health and Safety Code section 1596.76, as may be amended from time to time: means any child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and school age child care centers.
(h) “Commercial cannabis uses” means only storefront retail commercial cannabis activities pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”), Business and Professions Code 26000 et seq, including retail, sale of cannabis or cannabis products. (i) “City Manager” means the City Manager or her/his designee. (j) “Medical cannabis” or “medicinal cannabis” means cannabis that is used for medicinal cannabis purposes in accordance with the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”).
(k) “Person” means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, tribe, or any other group or combination acting as a unit and includes the plural as well as the singular number.
(l) “Premise(s)” means a leased or owned space within a fully enclosed building where the commercial retail cannabis use or activity is or will be conducted. (m) “Primary caregiver” shall have the same meaning as set forth in Health and Safety Code section 11362.7, as the same may be amended from time to time. (n) “Public place” means any publicly owned property or property on which a public entity has a right of way or easement.
(o) “Operator” means the natural person or designated officer responsible for the operation of a retail commercial cannabis use.
(p) “Retailer” means any premises that is a physical location within an enclosed building from which retail commercial cannabis activities are conducted facility, under a state cannabis license Type 10, or a state cannabis license type subsequently established equivalent to a Type 10.
(q) “Final Authority” means the individual or official City body (the City Manager, Director, Council, Commission, or Board) and others as identified in the Sand City Municipal Code as having the responsibility and authority to approve or deny land use permit applications.
(r) “Sale,” “sell,” and “to sell” shall have the same meaning as set forth in Business and Professions Code section 26001(ay) as the same may be amended from time to time: include any transaction whereby, for any consideration, title to cannabis or cannabis products is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis or cannabis products by a licensee to the licensee from whom the cannabis or cannabis product was purchased. .
25 (s) “School” means any public or private school providing instruction to students in kindergarten or any grades 1 through 12.
(t) “Youth center” shall have the same meaning as in Section 11353.1 of the Health and Safety Code, as may be amended from time to time: any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities.

18.102.030 – Permitted Cannabis Businesses.
(a) Cannabis Retail Commercial Businesses Permitted Within the City. A maximum of two, (2) Type 10 Cannabis storefront retail businesses may operate within the City subject to the restrictions of this Chapter.
(b) Cannabis Delivery Operations Based Outside the City Permitted. Licensed cannabis delivery operations based outside of the City may deliver cannabis and cannabis products to customers and qualified patients and their caregivers within the City.

18.102.040 – Requirements to Operate a Cannabis Business in the City. (a) Any cannabis business allowed in the City shall obtain all of the following:
(1) A City business license.
(2) A Cannabis Storefront Commercial Retail Operating Permit on a form specified by the City Manager.
(3) A Conditional Use Permit pursuant to the procedure in Chapter 18.74 of this Code. Any Conditional Use Permit relating to the location of a retail storefront commercial cannabis business may be approved based on all of the following findings:
a. The proposed use is consistent with the General Plan and any applicable specific plan.
b. The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity. c. The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints. d. The proposed project has been reviewed in compliance with the California Environmental Quality Act.
e. Conditions of approval require that the continuation of the retail storefront commercial cannabis use requires verification of annual license renewal by the Department of Cannabis Control within 30 days following approval of the renewal. f. Conditions of Approval require the execution of a Community Benefit Agreement prior to issuance of a Business License for operation of a Retail Commercial cannabis business.
26 18.102.050 - Location and Minimum Proximity Requirements. (a) All storefront retail commercial cannabis uses operating within the City shall be located in the Regional Commercial (C-4) Zoning District. (b) Additionally, the following location and proximity requirements shall apply:
(1) No commercial cannabis use shall be located within six hundred feet (600’) of a school, child care center, or youth center, as measured from the nearest property lines.
(2) No commercial cannabis use shall be located within two hundred feet (200’) of a park or library, as measured from the nearest property lines. (c) The proximity requirements above may be waived by the City Council when the applicant can show that an actual impassible physical separation exists between land uses or parcels, such as a building, sound wall, major street or highway, such that no negative off-site impacts could occur that would result in harm or likely harm to the public health, safety, or welfare or the health, safety, or welfare of nearby resident or tenant, unless otherwise prohibited under state law.

18.102.060 - Application Procedures.
(a) Application Submittal, Review and Approval Procedures. (1) Solicitation of Applications. The City Manager will issue a notice soliciting applications to operate a storefront retail commercial cannabis business pursuant to this Chapter. Such notice will specify when the City will begin accepting applications and the deadline for receipt of applications. (2) Applications shall include a detailed description of proposed “A” and “M” Type 10 License operations sufficient to demonstrate compliance with and corresponding to relevant MAUCRSA provisions and Department of Cannabis Control Medicinal Adult Use Commercial Cannabis Regulations generally and, in particular, Chapters 1 “All Licenses” and Chapter 3 “Retailers” (Sections 15000 and 15400 et seq., respectively), as they may be amended. Descriptions shall reference and address each of the applicable sections contained within these Chapters.
(3) Selection Process. The method for selecting the applicants that will be eligible to receive operator permits shall be set by resolution of the City Council.

The City Manager shall be authorized to prepare any other necessary forms and adopt any necessary rules to implement the procedure guidelines and review criteria.
(4) Six (6) Month Time Period to Seek Conditional Use Permit. An applicant has six (6) months from the selection of an application by the City Council to obtain a Conditional Use Permit pursuant to Section 18.102.040(a)(3). If an applicant fails to obtain a Conditional Use Permit during that time period, another qualified applicant may be selected and such applicant may be permitted six (6) months from the date of selection by the City Council as an operator to seek a Conditional Use Permit from the City Council.
27 (5) State Licensing. Applicants who are granted an Operator Permit and Conditional Use Permit must obtain a state cannabis license prior to commencing operations. If an applicant fails to obtain a state cannabis license within six (6) months of being granted an Operator Permit, said operator permit shall expire and the City may select another qualified applicant in accordance with the method outlined per the City Council resolution and such applicant will be permitted to seek a Conditional Use Permit from the City Council.
(6) Licensed owners and operators shall, within the required Operator Agreement, acknowledge and agree to enable and facilitate the Chief of Police and other federal, state or local law enforcement entity or regulatory agency entity to inspect any premises and delivery vehicles to ensure compliance with these regulations and to fully cooperate with any official criminal investigation including access to camera footage, documents, premise areas of any building within which commercial retail cannabis is conducted.
(b) Grounds for Rejection of Applications/Revocation, Modification, or Suspension of Conditional Use Permits and Operator Permits.
(1) The City Manager, or designee, has the authority and discretion to reject any application pursuant to this Chapter for reasons of inconsistency with the requirements of this Chapter.
(2) The City Council may suspend, modify, or revoke a Conditional Use Permit or Operator Permit based on, but not limited to the following findings:
a. Entitlements for establishment of a Commercial Retail Cannabis Business are based on false or misleading statements to the City made by an applicant, partner, or investor.
b. Any owner, operator, investor, partner, or agent has been convicted of a felony, crime of moral turpitude, has been found by any State or local jurisdiction to have violated the provisions of MAUCRSA, or once formally notified by the City Manager or designee of such convictions or violations by an employee, an owner or operator maintains the ongoing permanent or temporary employment by such persons.
c. Any owner, operator, investor, partner, or agent has had a cannabis-related license or approval revoked from another jurisdiction within the previous year.
d. Failure to comply with any provisions of this article, the Zoning Code, state law, or any other applicable laws or regulations.
28 e. Unpaid fees, fines, taxes, or administrative penalties. f. Facts or circumstances exist which indicate that the operation does or would very likely constitute a threat to public health, safety and/or welfare. g. The cannabis business permittee has not been in regular and continuous operation in six (6) months since the date the City Council approved the application or the approved extension of the deadline from the City Manager or his or her designee.
h. The operation as proposed would violate any provision of state or local laws or regulations.
i. The operator fails to implement and maintain a safety and security plan in conformance with applicable Department of Cannabis Control Regulations contained in Chapter 1, Article 5 as they may be amended. j. The operator willfully fails to comply with Laws and Regulations of the California Department of Justice Office of the Attorney General, Bureau of Firearms, as determined by the Chief of Police.
k. The operator has engaged in unlawful, fraudulent, unfair or deceptive business acts or practices.
l. The applicant's state license for the commercial cannabis operations is suspended or revoked. The City Council may reinstate the operator permit when documentation is received showing that the state license has been reinstated or reissued. It shall be within the City Council's sole discretion whether the City reinstates any permit after suspension or revocation of a state license.
m. State law permitting the use for which the permit was issued is amended or repealed resulting in the prohibition of such use, or the City receives credible information that the Federal government will commence enforcement measures against such businesses and/or local governments that permit such uses.
n. The applicant, owner, operator, partner or investor violates any agreement with the City, including City Business License, Conditional Use Permit, or Community Benefit Agreement.
29 (c) Any cannabis business that does not have the applicable State license is prohibited within the City.
(d) The City shall not issue any discretionary or ministerial permit, license, or other entitlement, which is sought pursuant to this article, including zoning clearance for a building permit, where the property upon which the use or structure is proposed is in violation of the Sand City Municipal Code, or any other local, state or federal law.
(e) Operator Qualifications. All commercial cannabis operators must meet the following minimum qualifications. The City reserves the right to require additional qualifications through the application procedure.
(1) Commercial cannabis business operators must be twenty-one (21) years of age or older.
(2) Commercial cannabis business operators shall be subject to background search by the California Department of Justice and local law enforcement. (3) No commercial cannabis business owner or operator may have a felony conviction, as specified in subdivision (c) of Section 667.5 of the Penal Code, and subdivision (c) of Section 1192.7 of the Penal Code. Operators may not have criminal convictions that substantially relate to the qualifications, functions, or duties of the business or profession, including a felony conviction involving fraud, deceit, or embezzlement or a criminal conviction for the sale or provision of illegal controlled substances to a minor. (4) Commercial cannabis operators must meet the minimum qualifications established by the State for the storefront retail commercial license type. (f) Cannabis Operator Application Procedure.
(1) A person may apply to operate a cannabis business by filing an application with the City Manager on a form provided by the City, and in accordance with Section 18.102.060(a), Resolution of the City Council and this section (f). (2) The City Manager, or his or her designee, may design application forms and procedures specific to storefront retail license, type M, including online permitting, and require inspections of proposed facilities before approving a commercial cannabis use under this Article.
(3) Operator applications shall be reviewed by City staff or qualified consultants, as designated by the City Manager. Such review may include a scoring or ranking system.
(4) Applications shall include a component on community benefits, the terms of which shall be set out and memorialized in a Community Benefit Agreement.

Community benefits may include, but will not be limited to: in-kind donations; sponsorship of select community events; financial support for special community events such as fairs, afterschool programs, youth centers, local schools (whether public or private); school athletic programs; school clubs; community centers, homeless shelters, senior centers and/or senior living facilities, and/or parks and recreation programs or facility improvements. 30 18.102.070 - Taxes.
(a) Commercial cannabis uses shall comply with any taxes that may be enacted by the City Council or voters and any additional regulations that may be promulgated in addition to all other current applicable state and local taxes.

18.102.080 – Appeals, Costs Of Enforcement, Liability and Indemnification. a) Any applicant aggrieved by any formal action taken by the City Manager regarding actions or determinations referenced in Section 18.102.060(b) may appeal to the City Council in writing within ten (10) days after the date of such actions. City Council actions on such appeals shall be final.
(1) Appellants who file a timely written Notice of Appeal, on an appeal form created by the City Manager, will be entitled to an administrative hearing before the City Council.
(2) Upon receipt by the City Clerk of a timely-filed Notice of Appeal pertaining to suspensions, revocations, or non-renewals the City Clerk shall forward such appeal to the City Council, who shall schedule a hearing within thirty days (30) days. In the event such hearing cannot be heard within that time period or a mutually agreed upon time with the appellant, then the City Clerk shall schedule the appeal to be heard within forty-five (45) days.
(3) The appellant(s) listed on the written Notice of Appeal shall be notified in writing of the date, time, and location of the hearing at least ten (10) days before the date of the hearing (“notice of appeal hearing”).
(4) At the date, time and location set forth in the Notice of Appeal hearing, the City Council shall hear and consider the testimony of the appellant(s), City staff, and/or their witnesses, as well as any documentary evidence properly submitted for consideration. The following rules shall apply at the appeal hearing:
a. Appeal hearings are informal, and formal rules of evidence and discovery do not apply. However, rules of privilege shall be applicable to the extent they are permitted by law, and irrelevant, collateral, undue, and repetitious testimony may be excluded.
b. The City bears the burden of proof to establish the grounds for nonrenewal, suspension, or revocation by a preponderance of evidence.

Appellant(s) or Permittee(s) bear the burden of proof regarding denial of an Applicant’s/Permittee’s application.
c. The issuance of the City Manager’s notice constitutes prima facie evidence of grounds for the denial, nonrenewal, suspension or revocation. d. The City Council may accept and consider late evidence not submitted initially with the Notice of Appeal upon a showing by the appellant of good cause, provided, however, all evidence must be submitted at a minimum twenty-four (24) hours prior to the set hearing start time. The City Council shall determine whether a particular fact or set of facts amount to good cause on a case-by- case basis.
31 e. The appellant may bring a language interpreter to the hearing at their sole expense.
f. The City may, at its discretion, record the hearing by stenographer or court reporter, audio recording, or video recording. If the appellant requests from the City that a court reporter, stenographer, or videographer be used, appellant shall bear the costs of same and shall deposit such fees prior to commencement of the administrative hearing.
(5) If the appellant, or their legal representative, fails to appear at the appeal hearing, the City Council may cancel the appeal hearing and send a notice thereof to the appellant by certified, first class mail to the address(es) stated on the Notice of Appeal. A cancellation of a hearing due to non-appearance of the appellant shall constitute the appellant’s waiver of the right to appeal and a failure to exhaust all administrative remedies. In such instances, the notice of decision is final and binding.
(6) Final Decision. Following the conclusion of the administrative hearing, the City Council shall issue a written decision within twenty (20) days which (i) determines if the action appealed from is affirmed or overturned and (ii) specifies the reasons for the decision.
(7) The written decision of the City Council shall provide that it is final and conclusive and is subject to the time limits and procedures set forth in California Code of Civil Procedure Sections 1094.5 and 1094.6 for judicial review. (8) A copy of the written decision shall be served by certified, first class mail on the appellant. If the appellant is not the owner of the real property in which the cannabis business is located, or proposed to be located, a copy of the final decision may also be served on the property owner by first class mail to the address shown on the last equalized assessment roll. Failure of a person to receive a properly addressed final decision shall not invalidate any action or proceeding by the City pursuant to this Chapter.
b) In any enforcement action brought pursuant to this Chapter, whether by administrative or judicial proceedings, each person who causes, permits, suffers, or maintains the unlawful cannabis use shall be liable for all costs incurred by the City, including, but not limited to, administrative costs, and any and all costs incurred to undertake, or to cause or compel any responsible person to undertake, any abatement action in compliance with the requirements of this Section. In any action by the agency having jurisdiction to abate unlawful cannabis uses under this Section, whether by administrative or judicial proceedings, the prevailing party shall be entitled to a recovery of the reasonable attorney’s fees incurred. Recovery of attorneys’ fees under this subdivision shall be limited to those actions or proceedings in which the City elects, at the initiation of that action or proceeding, to seek recovery of its own attorney’s fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorney’s fees incurred by the City in the action or proceeding.
32 c) Liability and Indemnification. To the fullest extent permitted by law, any actions taken by a public officer or employee under the provisions of this article shall not become a personal liability of any public officer or employee of the City. To the maximum extent permitted by law, the permittees under this article shall defend (with counsel acceptable to the City), indemnify and hold harmless the City of Sand City, the Sand City Council, and its respective officials, officers, employees, representatives, agents and volunteers (hereafter collectively called “City”) from any liability, damages, actions, claims, demands, litigation, loss (direct or indirect), causes of action, proceedings, or judgment (including legal costs, attorneys’ fees, expert witness or consultant fees, City Attorney or staff time, expenses or costs) (collectively called “action”) against the City to attack, set aside, void or annul, any cannabis-related approvals and actions and strictly comply with the conditions under which such permit is granted, if any. The City may elect, in its sole discretion, to participate in the defense of said action and the permittee shall reimburse the City for its reasonable legal costs and attorneys’ fees. Permittees shall be required to agree to the above obligations in writing.

SECTION 2: Title 18, Chapter 18.82, Section 18.82.030 Penalties, is hereby amended to add the following sections:
(a) Violations.
(1) Any violation of a term, condition, or the approved plans and specifications of any permit issued pursuant to this Title shall constitute a violation. (2) Each and every day during any portion of which any violation is committed, continued, or allowed to continue shall be a separate offense. (b) Remedies. In addition to the revocation and suspension provisions in this Article and any available remedies under the law, the following remedies shall be available to the City or other enforcement agency regarding violations of this Article.
(1) Administrative enforcement pursuant to this Municipal Code. (2) Civil enforcement pursuant to this Municipal Code.
(3) Criminal enforcement as a misdemeanor, if allowed under State law. (c) City Council may, by Resolution, adopt specific fines, fees, costs, and penalty amounts for violations and enforcement costs related to this article.

SECTION 3: Section 18.69.010 Medical Marijuana Dispensaries, Delivery, Cultivation, and Sales. is deleted in its entirety.

SECTION 4: “Commercial Retail Cannabis Business” is hereby added as item 27. to Division I Zoning Section 18.19.030.B.

SECTION 5: California Environmental Quality Act.
33 The proposed amendments are Exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Guideline Section 15061 (b) (3) due to a) operation of the ordinance, as required therein, in compliance with City of Sand City State of California Laws, Regulations and Guidelines; b) regulation of specific uses allowed by this ordinance; and c) the required operation of this ordinance to render potential environmental as de-minimis, with certainty that no environmental effects will result from operation of the ordinance.

SECTION 6: Severance.

If any section, subsection, sentence, clause, or phrase of this Ordinance is, for any reason, held to be unconstitutional and invalid, such decision shall not affect the validity of the remaining portion of this Ordinance. The City Council hereby declares that it would have passed this ordinance and every section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clause, or phrase be declared unconstitutional or invalid.

SECTION 7: Effective Date
This Ordinance shall become effective thirty (30) days following its adoption.

PASSED AND ADOPTED, by the City Council of Sand City, this ____ day of_____, 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
__________________________
Mary Ann Carbone, Mayor
ATTEST:

DATED: ____________________
____________________________
Kerry Lindstrom, City Clerk
34 35

AGENDA ITEM
5C.

Annual Military Equipment and Use
Update Report
36 City of Sand City

STAFF REPORT
TO: Honorable Mayor and City Council
FROM: David Honda, Chief of Police
SUBJECT: Annual Military Equipment and Use Update Report DATE: November 5, 2024
______________________________________________________________________ BACKGROUND/DISCUSSION:

On September 30, 2021, California Assembly Bill 481 (AB 481) known as the Law Enforcement and state agencies: military equipment, funding, acquisition, and use Act was signed into law. Subsequently, the California Government Code (GC) §§ 7070, 7071, and 7072 were adopted to codify the requirements set forth in AB 481.

The law required each police agency to draft a policy, obtain approval from the Council by ordinance, and once approved have the policy accessible to the public through the Department website. The policy (SCPD 706) and ordinance (SC 23-03) were adopted by the Council on December 2, 2023. The policy and equipment list are posted on our department website as required by law. (Transparency | Sand City, CA) The law also requires each law enforcement agency to submit an annual “Equipment and Use Report” within one year of the ordinance adoption, and annually thereafter. The report should include a summary of how the equipment was used and purpose; a summary of complaints or concerns received; any information about violations of equipment uses and actions taken in response; annual ongoing costs; changes in quantity of equipment; if the agency intends to purchase or acquire additional equipment in the upcoming year.

Monterey Peninsula Regional Special Response Unit (MPR SRU or SRU for short) The Sand City Police Department (SCPD) participates in the Monterey Peninsula Regional Special Response Unit (SRU). The SRU is a specialized team that operates under an MOU between the eight Monterey Peninsula agencies. Each agency provides officers, command staff, and resources to provide a tactical team to address the ongoing needs of the Peninsula as well as assisting other jurisdictions in the region. The The SRU provides a resource to respond to critical incidents, planned and unplanned high-risk events, and other specialized incidents as needed. The SRU utilizes various pieces of equipment that qualifies as Military Equipment as defined in AB 481. As part of 37 its responsibility to the SRU, each participating city has acquired or maintains equipment for use by members of the SRU. The listed equipment requires a government agency to purchase and since the SRU is a team of officers from each participating agency, not a government agency, each participating agency shares in purchasing the various equipment the SRU utilizes.

This report only includes items the SCPD ordered on behalf of the SRU and items purchased specific to SCPD patrol duties. Equipment ordered for the SRU by other participating agencies can be found in their individual agency reports. All SRU equipment is paid for by the SRU and not by the purchasing agency.

Summary of usage and purpose
The SCPD did not deploy any military equipment this year during daily patrol duties.

The SRU was deployed for the listed events:
 December 2, 2023, SRU assisted the Pacific Grove Police Department with the execution of a high-risk search warrant at two residences in the City of Seaside related to an attempted murder investigation. Two suspects were taken into custody without incident.
 April 18, 2024, SRU assisted Monterey County Sheriff’s Office execute a high-risk search warrant related to the two shootings that resulted in the murder of six victims in King City and surrounding areas. The warrant was executed without incident. Multiple firearms suspected to be utilized in the murders were recovered.  May 2, 2024, SRU assisted the Salinas Police Department serving thirteen search warrants and eleven federal indictments related to a year-long investigation of criminal gangs. The warrants were executed without incident.  July 3, 2024, SRU assisted the Monterey and Seaside PD execute a high-risk arrest warrant for an individual who had warrant for felony assault weapons charges. The subject was located hiding under the floor but was arrested without additional incident.
 August 10, 2024, SRU assisted the Monterey PD execute a search warrant for an attempted murder suspect related to a shooting on Wharf #1. The suspect had multiple firearms registered in his name. The subject did not respond to requests to surrender and family members refused to cooperate. A drone was deployed inside the residence but did not locate anyone; however, witnesses stated the suspect was still inside. To avoid a potential violent encounter, liquid CS cannisters (aka “tear gas”) were introduced and a physical search of the home ensued. The suspect was eventually apprehended later without further incident. 38 Summary of complaints or concerns
The City did not receive any complaints or concerns from community members related to the use of military equipment.

Violations and actions taken
There were no violations of equipment use observed or reported.

Annual ongoing costs
Annual membership to participate in the SRU is $5,000.00. All training and equipment purchased by the SRU are approved by a Board of Directors and are funded by either by the membership fees or grants through the Federal Emergency Management Agency’s (FEMA) Bay Area Urban Areas Security Initiative (UASI) or the State Homeland Security Grant Program (SHSGP) both managed through the Monterey County Department of Emergency Management (DEM).

Ammunition for training and qualifications for the less lethal patrol shotguns is approximately $650.00 per year for ten officers, there were no purchases made this calendar year; however, we do anticipate needing to purchase less lethal “bean bag” ammunition for training and annual qualifications during this fiscal year.

An order was placed in December 2023 to replace 140 Flash-Bang device inserts that were utilized during SRU training and to maintain the inventory for critical incidents such as a hostage situation. The cost was $2,700.00 paid for by the SRU not the City.

Equipment maintenance and replacement part purchases are not anticipated for this calendar year nor the remainder of the FY 24/25.

Changes in quantity of equipment
The SCPD has not acquired any new equipment for agency use or the SRU.

Anticipated acquisition of equipment for the upcoming calendar year The SCPD does not anticipate purchasing or acquiring any new equipment in the next calendar year.
39 CEQA:

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

FISCAL IMPACT:

Other than the anticipated purchase of less lethal ammunition of approximately $650.00, there are no new financial considerations for the City for existing military equipment since the items were purchased prior to the enactment of AB 481 or already funded by the SRU. The fund expenditures are anticipated in each annual department budget and approved by the Council.

RECOMMENDATION:

1. For report only.

ATTACHMENTS:

1. Ordinance, SC 2303

2. Policy, SCPD Policy 706

3. Policy, SCPD Policy 706, SCPD Equip Owned Oper.pdf
40 CITY OF SAND CITY
ORDINANCE NO SC 23-03, 2023
ORDINANCE OF THE CITY OF SAND CITY ADDING CHAPTER 13.07 THE LAW

ENFORCEMENT MILITARY EQUIPMENT FUNDING, ACQUISITION, AND USE

ORDINANCE
WHEREAS, pursuant to the City of Sand City's (the "City") Charter the City is authorized to enact ordinances to protect the health, safety, and welfare of its citizens and to meet the City's obligations under applicable law; and
WHEREAS, Sand City Municipal Code ("SCMC") Chapter 13.07, Military Equipment is established; and
WHEREAS, Assembly Bill 481 (AB 481), Law enforcement and state agencies: military equipment: funding, acquisition, and use act of 2021, required law enforcement agencies to obtain approval of the applicable governing body, by adoption of a military equipment use policy; and
THE CITY COUNCIL OF THE CITY OF SAND CITY HEREBY ORDAINS AS FOLLOWS:

SECTION 1: Chapter 13.07 is hereby added to Title 13, Public Services, of the Sand City Municipal Code to read as follows:

Chapter 13.07 Law enforcement military equipment funding, acquisition, and use ordinance.

13.07.010 Policy. The Police Department shall establish a policy by ordinance that requires approval from the City Council prior to engaging in any of the following:
(A) Requesting military equipment made available pursuant to Section 2576a of Title 1 0 of the United States Code.
(8) Seeking funds for military equipment, including, but not limited to, applying for a grant, soliciting or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(C) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(D) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the territorial jurisdiction of the governing body.
1 41
(E) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body pursuant to this chapter.
(F) Soliciting or responding to a proposal for, or entering into an agreement with, ·,· any other person or entity to seek funds for, apply to receive, acquire, use, or ~:,,.. collaborate in the use of, military equipment.
(G) Acquiring military equipment through any means not provided by this paragraph.

13.07.020. Military Equipment. For purposes of this Chapter 13.07 "military equipment" shall have the meaning provided in California Government code 7070(c)
The policy shall be established, maintained, and amended as needed in accordance with the California Government Code, Title 1, Division 7 - Miscellaneous, Chapter 12.8, §§7071 (a)(1)
SECTION 2: Determinations.

Based on the findings above, in addition to information provided to the City Council at the public meeting, the City Council determines as follows:

1. The military equipment identified in the annual military equipment report has complied with the standards for approval as set forth in Government Code section 7071 subdivision (d).

2. The Sand City Police Department's Military Equipment Use Policy is necessary because there are no reasonable alternatives that can achieve the same objectives of officer and civilian safety.

3. The Sand City Police Department's Military Equipment Use Policy will safeguard the public's welfare, safety, civil rights, and civil liberties.

4. The military equipment identified in the Sand City Police Department's Military Equipment Use Policy is reasonably cost effective compared to available alternatives that can achieve the same objectives of officer and civilian safety.

5. Prior military equipment use by the Sand City Police Department complied with the Military Equipment Use Policy although it was not yet in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance.
2 42

6. The Sand City Police Department's Military Equipment Use Policy, Policy 706, setting forth the City's military equipment use policy is approved.

SECTION 3: Severability.

SECTION 4: Effective Date
This Ordinance shall become effective thirty (30) days following its adoption.

SECTION 5: Codification
The City Clerk is hereby authorized and directed to codify the provisions of Section 1 of this Ordinance into the SCMC.

PASSED AND ADOPTED, by the City Council of Sand City, this 5th day of December, 2023 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

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

None.

APPROVED:

ATTEST:

DATED: Dece,,,b.tr- J, z_o1,.'?
3 43
Sand City Police Department
Sand City PD Policy Manual
Copyright Lexipol, LLC 2022/03/16, All Rights Reserved.

Published with permission by Sand City Police Department 1 706 Military Equipment
706.1 PURPOSE AND SCOPE
This policy governs the use of military equipment, as defined in Government Code § 7070, as may be amended. The Sand City Police Department (SCPD) and its members will comply with provisions of Government Code §§ 7071, 7072, and with otherwise applicable department policies, with respect to military equipment. 706.1.1 DEFINITIONS
This policy adopts the following definitions set forth in Government Code § 7070 (c)(1) through § 7070 (e)(16) as may be amended or superseded:

Governing body – The elected or appointed body that oversees the Department.

Military equipment –

1. Unmanned, remotely piloted, powered aerial or ground vehicles.

2. Mine-resistant ambush-protected (MRAP) vehicles or armored personnel carriers.

However, police versions of standard consumer vehicles are specifically excluded from this subdivision.

3. High mobility multipurpose wheeled vehicles (HMMWV), commonly referred to as Humvees, two-and-one-half-ton trucks, five-ton trucks, or wheeled vehicles that have a breaching or entry apparatus attached.

4. Tracked armored vehicles that provide ballistic protection to their occupants and utilize a tracked system instead of wheels for forward motion.

5. Command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units.

6. Weaponized aircraft, vessels, or vehicles of any kind.

7. Battering rams, slugs, and breaching apparatuses that are explosive in nature.

However, items designed to remove a lock, such as bolt cutters, or a handheld ram designed to be operated by one person, are specifically excluded from this subdivision.

8. Firearms of.50 caliber or greater. However, standard issue shotguns are specifically excluded from this subdivision.

9. Ammunition of.50 caliber or greater. However, standard issue shotgun ammunition is specifically excluded from this subdivision.
44 Sand City Police Department
Sand City PD Policy Manual
Copyright Lexipol, LLC 2022/03/16, All Rights Reserved.

Published with permission by Sand City Police Department 2 10. Specialized firearms and ammunition of less than_.50 caliber, including assault weapons as defined in sections § 30510 and § 30515 of the Penal Code, with the exception of standard issue service weapons and ammunition of less than.50 caliber that are issued to officers, agents, or employees of a law enforcement agency or a state agency.

11. Any firearm or firearm accessory that is designed to launch explosive projectiles.

12. "Flashbang" grenades and explosive breaching tools, "tear gas," and "pepper balls," excluding standard, service issued handheld pepper spray.

13. TASER® Shockwave, microwave weapons, water cannons, and the Long-Range Acoustic Device (LRAD).

14. The following projectile launch platforms and their associated munitions: 40mm projectile launchers, "bean bag”, rubber bullet, and specialty impact munition (SIM) weapons.

15. Any other equipment as determined by a governing body or a state agency to require additional oversight.

16. Notwithstanding paragraphs (1) through (15), "Military Equipment" does not include general equipment not designated as prohibited or controlled by the Federal Defense Logistics Agency.
706.2 POLICY
It is the policy of the Sand City Police Department that members of this department comply with the provisions of Government Code § 7071 with respect to military equipment. Use of military equipment should safeguard public welfare, safety, civil rights, and civil liberties.
706.3 MILITARY EQUIPMENT COORDINATOR
The Chief of Police designates the Police Commander to act as the military equipment coordinator. The responsibilities of the military equipment coordinator include but are not limited to:
(a) Acting as liaison to the governing body for matters related to the requirements of this policy.
45 Sand City Police Department
Sand City PD Policy Manual
Copyright Lexipol, LLC 2022/03/16, All Rights Reserved.

Published with permission by Sand City Police Department 3 (b) Identifying department equipment that qualifies as military equipment in the current possession of the Department, or the equipment the Department intends to acquire that requires approval by the governing body.
(c) Conducting an inventory of all military equipment at least annually. (d) Collaborating with any allied agency that may use military equipment within the jurisdiction of Sand City Police Department (Government Code § 7071). (e) Preparing for, scheduling, and coordinating the annual community engagement meeting to include:

1. Publicizing the details of the meeting.

2. Preparing for public questions regarding the department's funding, acquisition, and use of equipment.
(f) Preparing the annual military equipment report for submission to the Chief of Police and ensuring that the report is made available on the department website (Government Code § 7072).
(g) Coordinating the process for a person to register a complaint, concern, or question about the use of a type of military equipment. The Department will respond in a timely manner.

A complaint, concern or question related to Military Equipment utilization by the Sand City Police Department can be made through any of the below listed methods:

Email: [email protected]
By phone: (831) 394 -1451
By mail: Sand City Police Department
Attn: Military Equipment Use Coordinator
1 Pendergrass Way
Sand City, CA 93955
In person: At the address list above
706.4 APPROVAL
This policy, and any subsequent amendments, will be available on the department website at least 30 days prior to any public hearing concerning the military equipment at issue. This policy will be submitted to the City Council for approval and will remain in 46 Sand City Police Department
Sand City PD Policy Manual
Copyright Lexipol, LLC 2022/03/16, All Rights Reserved.

Published with permission by Sand City Police Department 4 effect only if it is approved within 180 days of submission. Approval of this policy or any subsequent amendments requires adoption by ordinance at an open session of a regular meeting providing for public comment. The department will cease use of any military equipment if its use, or the policy for its use, is not approved. An approved military equipment use policy is required prior to engaging in any of the following (Government Code § 7071):
(a) Requesting military equipment made available pursuant to 10 USC § 2576a. (b) Seeking funds for military equipment, including but not limited to applying for a grant, soliciting, or accepting private, local, state, or federal funds, in-kind donations, or other donations or transfers.
(c) Acquiring military equipment either permanently or temporarily, including by borrowing or leasing.
(d) Collaborating with another law enforcement agency in the deployment or other use of military equipment within the jurisdiction of this department. (e) Using any new or existing military equipment for a purpose, in a manner, or by a person not previously approved by the governing body. (f) Soliciting or responding to a proposal for, or entering into an agreement with, any other person or entity to seek funds for, apply to receive, acquire, use, or collaborate in the use of military equipment.
(g) Acquiring military equipment through any means not provided above. 706.5 COORDINATION WITH OTHER JURISDICTIONS
Military equipment used by other jurisdictions providing aid to SCPD shall comply with their respective military equipment use policies. SCPD is a participating member of the Sand City Peninsula Regional Special Response Unit (MPRSRU) in collaboration with other law enforcement agencies on the Sand City Peninsula. MPRSRU provides capabilities to address specific law enforcement issues, such as active shooter incidents, hostage situations, barricaded subject incidents, etc. SCPD also collaborates and works with the Sand City County Sheriff's Department and other local, state and federal law enforcement agencies that may provide aid to SCPD. Military equipment owned by other jurisdictions that may be used by MPRSRU inside the City of Sand City's jurisdiction is listed in Section Two of the Military Equipment Inventory. SCPD is authorized to use that military equipment in connection with MPRSRU activities/responses.
47 Sand City Police Department
Sand City PD Policy Manual
Copyright Lexipol, LLC 2022/03/16, All Rights Reserved.

Published with permission by Sand City Police Department 5 706.6 ANNUAL REPORT
Within one year of approval of the military equipment use policy, and annually thereafter, the Chief of Police or the authorized designee will submit a military equipment report for each type of approved military equipment for as long as the military equipment is available for use. The annual military equipment report will be publicly available on the department website for as long as the military equipment is available for use. The report shall include all information required by Government Code § 7072 for the preceding calendar year for each type of military equipment. 706.7 COMMUNITY ENGAGEMENT
Within 30 days of submitting and publicly releasing the annual report, the Department shall hold at least one well-publicized and conveniently located community engagement meeting, at which the public may discuss and ask questions regarding the funding, acquisition, or use of military equipment.
706.8 MILITARY EQUIPMENT INVENTORY
The following constitutes a list of qualifying equipment owned and/or utilized by the Sand City Police Department.

See attachment: SCPD 706, SCPD Equip Owned Oper.pdf
48 Sand City Police Department
Sand City PD Policy Manual
Copyright Lexipol, LLC 2022/03/16, All Rights Reserved.

Published with permission by Sand City Police Department 6 Attachments
49 Sand City Police Department
Sand City PD Policy Manual
Copyright Lexipol, LLC 2022/03/16, All Rights Reserved.

Published with permission by Sand City Police Department 7 SCPD 706
SCPD Equip Owned Oper.pdf
50 Sand City Police Department
Military Equipment List
August 2023
Type Section 14 - Less lethal shotguns and kinetic energy munitions Description Remington 870 patrol shotguns converted to less lethal The shotguns have orange colored stock and foregrip to signify a less-lethal device Quantity Three (3)
Capabilities The less shotgun less lethal platform utilizes kinetic energy munitions (aka “bean bag” or SuperSock©) which are shot filled ballistic fiber, weighing approximately 40 grams, and resembling a small bean bag or sock. The bag travels at a lower velocity than a regular shotgun projectile to reduce any potential penetration and an advertised maximum effective range of 75 feet.

Expected Lifespan 20 + years
Manufacturer’s
Description
The Remington Shotgun is milled from a single block of steel. The stock and fore grip are comprised of fiberglass‐reinforced polymer with a rubber over‐molding. This shotgun is a U.S.‐ made pump‐ action shotgun. The magazine tube holds 6 less‐lethal rounds.

Purpose and
Authorized Use
This platform and munitions are utilized as a less-lethal force option by officers who have successfully completed the required training.

Fiscal Impact Initial: Unknown, the shotguns have been in SCPD inventory for more than two decades; however, the cost of conversion was approximately $350.00 per shotgun.

On-going: approximately $200.00 for ammunition per year for practice and qualification Legal, Procedural,
and Compliance
CA Commission on Peace Officer Standards and Training (POST) Reg: 1005 (Minimum training standards), Reg 1081 (Shotgun)
SCPD Policies – 300 (Use of Force), 303 (Control Devices and Techniques), 306 (Firearms) Training
Requirements
The initial training for the shotgun platform: POST Reg 1005 (Minimum training standards),1081 (16 hours for shotgun), 1082 (Minimum Content – Less Lethal Instructors) Less lethal training: POST certified less lethal device course 2- or 4-hour course 51 Sand City Police Department
Military Equipment List
August 2023
Type Section 10 - Patrol rifle/carbine, semi-automatic
Description Colt M4/AR15 (11); Ruger SR556 (1); Patrol rifles are fitted with EOTECH holographic sights Quantity Twelve (12)
Capabilities Both platforms fire a .223 cal./5.56 mm rifle ammunition which offer more power, range, and accuracy at longer distance than the issued service handgun.

Expected Lifespan 15+ years
Manufacturer’s
Description
“The combat proven M4 platform takes a tactical turn with the release of the Colt® Law Enforcement M4 Carbine Semi-Auto Rifle. The 6-position collapsible stock offers custom adjustment from 35.5" down to 32" for increased maneuverability in tight quarters. This fast-aiming, and reliable carbine comes equipped with muzzle compensator and Magpul MBUS folding backup sight ready when you need it. The 16.1" M4 chrome-lined barrel has 1:7 rate-of-twist rifling*.” “The RUGER® SR-556® and SR-762™ are gas-operated, piston-driven, box magazine fed, autoloading rifles. It is simple, reliable, and consists of relatively few components. The mechanism employs the Ruger short stroke piston system in conjunction with a rotating bolt. These rifles can be field stripped for cleaning to its basic subassemblies in seconds without the use of tools.” Purpose and
Authorized Use
The patrol rifle/carbine enables officers to address short to long distance threats, and/or those threats who are heavily armed, armored, or both. In both short and long-distance deployments, patrol rifles provide officers with a platform that can assist in a more precise shot placement reducing the risk to officers and innocent by-standers.

Fiscal Impact Initial: Approximately $1,500/rifle at the time of purchase (between 2005 and 2019) Ongoing: approximately $2,000.00 in ammunition cost annually for training and qualification Legal, Procedural,
and Compliance
Penal Code 33220(b) - Authorization and requisite POST training requirements POST Reg: 1005 (Minimum training standards), 1070 (Certified instruction), 1081(Rifle) SCPD Policies: 300 (Use of Force), 306 (Firearms)
Training
Requirements
16-hour POST certified patrol rifle course taught by POST certified instructors; annual training and qualification
* Description for specific models owned by SCPD are no longer available on the current Colt website. Description taken from Cabelas.com for Colt LE Carbine.
52 Sand City Police Department
Military Equipment List
August 2023
Type Section 1 - Unmanned, remotely piloted, powered aerial vehicle Description DJI Mavic Pro, commercially available flying camera Quantity One (1)
Capabilities Max speed – 9 mph; 12-megapixel camera; 4K video, micro-SD card; flight time 27 minutes (no wind at a consistent 15.5 mph); Max hover time 24 minutes (no wind) Expected Lifespan 10 years
Manufacturer’s
Description
“The DJI Mavic Pro is DJI’s smallest flying camera, featuring a fully stabilized camera, intelligent flight modes and obstacle avoidance inside a revolutionary folding design. It captures 4K videos and 12-megapixel photos and is capable of both ActiveTraktm and Tapflytm making complex shots effortless.”
Purpose and
Authorized Use
To enhance the safety of potentially dangerous situations by providing first responders with the ability to monitor video feed from vehicle cameras of hazardous areas prior to, or in lieu of, sending in personnel. UAS platforms may be used for search and rescue; suspect apprehension crime scene documentation; tactical operations; scene security; hazard monitoring; identification and mitigation; response to emergency calls; crisis communications; legally authorized surveillance.

Fiscal Impact Acquired approximately 5 years ago; approximate 2018 cost of $800.00 - $1,000.00 (specific model is no longer available from manufacturer)
Legal, Procedural,
and Compliance
SCPD Policy 606 (Unmanned Aerial System [UAS] Operations) Federal Aviation Administration (FAA): 14 CFR part 107 (Small UAS rule) or 49 U.S.C. §40102(a) and § 40125
Training
Requirements
Remote Pilot Certification per FAA regulations and related POST certified remote pilot course (32 hours)
53 Sand City Police Department
Military Equipment List
August 2023
Type Section 14 - Less lethal 40 mm projectile launcher and kinetic energy munitions Description Penn Arms 40 mm less lethal multi-shot launcher and less lethal munitions; Combined Tactical Systems (CTS) 4557 40 mm Sponge Foam Baton; projectile is made of closed cell neoprene Quantity One (1) launcher. Thirty (30) Sponge Foam Baton munitions.

Capabilities The 40mm Less Lethal Launcher is capable of firing 40mm Kinetic Energy Munitions (known as sponge projectiles), irritant munitions, and smoke munitions. The Sponge Foam Baton projectile is 60 grams, velocity is 240-260 fps, effective range approximately 50 yards Expected Lifespan 15+ years; 5-year warranty on munition Manufacturer’s
Description
“Penn Arms 40mm multi-shot launchers are manufactured using 4140 hardened steel, 6061-T6 mil-spec anodized aluminum, and DuPont super tough glass-filled nylon. These launchers are lightweight, versatile, and used worldwide by police and corrections officers.” “The Model 4557 Sponge Baton is a spin-stabilized projectile delivering blunt trauma effect.

Although it is extremely accurate and consistent, accuracy is dependent on the launcher, using open sights vs. an improved sight, environmental conditions, and the operator. Effectiveness depends on many variables, such as distance, clothing, stature, and the point where the projectile impacts.”
Purpose and
Authorized Use
The Monterey Peninsula Special Response Unit (SRU) members utilize the Pen Arms 6 round 40MM Less Lethal Multi-Launcher with 40MM less lethal projectiles. The Multi-Launcher is registered to the Sand City Police Department on behalf of the SRU. It is utilized and maintained by members of the SRU
Fiscal Impact Initial: No direct cost by the City; approximate cost of $3,336.00 funded by the SRU (2018) Ongoing: Cost of munitions for qualifications and critical incident response born by SRU not SCPD; Each Sponge Baton round is approximately $23.00 ($690.00 for recent purchase of 30) but varies each year depending on usage.

Legal, Procedural,
and Compliance
POST Reg: 1070 (Certified Instruction), 1082 (Less Lethal Instructor) SCPD Policies: 300 (Use of Force), 303 (Control Devices and Techniques), 306 (Firearms) Training
Requirements
Less lethal training: POST certified less lethal device course 4-hour course plus annual qualification. SRU training: 80-hour POST certified basic S.W.A.T. course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually. 54 Sand City Police Department
Military Equipment List
August 2023
Type Section 12 - Noise-flash Diversion Device aka Flash-bang Diversionary Device Description Combined Systems Inc. (CSI), Combined Tactical Systems (CTS) Flash-bang model 7290 series Quantity Twenty-four (24) 7290M Mini-bang, single use, steel body Twelve (12) 7290-3 Bang, single use, aluminum body
Twelve (12) 7290-CI Command initiated, steel body
Capabilities 165 - 180 dB, 2M candela minimum per each model’s specification sheet Expected Lifespan 5-year warranty
Manufacturer’s
Description
“7290 -The CTS 7290 is the standard for diversionary flash-bang devices. The 7290 produces a 165-180db and 6-8 million candela of light output. The patented design of the 7290, incorporates a porting system that eliminates movement of the body at detonation even if the top or bottom of the device should be in contact with a hard surface. In addition, internal adjustments have greatly reduced smoke output. Flash Bangs are used by special tactical units during hostage rescue and high-risk warrants. It is an ATF-controlled Class-C explosive device that emits a bright light and thunderous noise to distract potentially dangerous individuals. Priced Individually, Must Order in Quantities of 12”
Purpose and
Authorized Use
The Monterey Peninsula Special Response Unit (SRU) members utilize these devices to distract potentially dangerous individuals during critical incidents such as a violent barricaded subject, hostage situations, high-risk search warrant or arrest warrant situations.

Fiscal Impact Initial: No direct cost to the City; $4,125.00 funded by the SRU Ongoing cost: replacement varies depending on utilization $ 48.00 – 125.00 per individual device Legal, Procedural,
and Compliance
Penal Code 13514.1 (POST required guidelines)
POST Reg: 1070 (Certified Instruction), 1082 (Diversionary Device Instructor), 1084 (Standardized Curriculum)
SCPD Policies: 404 (MPR SRU)
Training
Requirements
SRU training: POST certified 80-hour basic SWAT course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually. Annual 10-hour diversion device training. 55 Sand City Police Department
Military Equipment List
August 2023
Type Section 12 - Irritant munitions (aka “tear gas”)
Description Combined Systems Inc. (CSI), Combined Tactical Systems (CTS) irritant munitions Quantity Fifteen (15) CTS 3330, 37mm CS Liquid Barricade Smokeless Twenty-five (25) CTS 3300, 37mm Inert Barricade Smokeless Nine (9) CTS 5230, CS Cannister Grenade
Capabilities 3330 – Liquid CS filled projectile penetrates intermediate barriers and delivers irritant agents into an adjacent room. Velocity 385-425 fps, effective range of 50 yards 3300 – Inert. Velocity 385-425 fps, effective range of 50 yards 5230 - Large diameter burning grenade that discharges a high volume of smoke and chemical agent through multiple emission ports. Specifically for outdoor use and should not be deployed on rooftops, in crawl spaces or indoors due to potential fire hazard.

Expected Lifespan 5-year warranty
Manufacturer’s
Description
“CTS produces a full line of chemical irritant and smoke munitions. The comprehensive line includes grenades, 12gauge, 37mm and 40mm projectiles. These less-lethal options address a wide range of scenarios from assisting tactical teams in displacing or detecting barricaded subjects to aiding riot control units charged with maintaining order in public or correctional environments.” “CTS Manufactures a wide range of single and multiple projectile munitions with payload capabilities exceeding those of any other less-lethal manufacturer. Single projectile offerings are extremely accurate for selective engagement in a variety of situations.”
Purpose and Authorized
Use
The Monterey Peninsula Regional Special Response Unit (SRU) members utilize these devices to distract and/or gain compliance of potentially dangerous individuals during critical incidents such as a violent barricaded subject, hostage situations, high-risk search warrant or arrest warrant situations.

Fiscal Impact No direct cost to the City; Recent purchase was $2,645.10 funded by the SRU Replacement cost varies depending on utilization $ 23.00 – 36.00 per individual device, funded by SRU Legal, Procedural, and
Compliance
Penal Code 22820 (required POST training)
POST Reg: 1070 (Certified Instruction), 1081 (Chemical Agents), 1082 (Chemical Agent Instructor) SCPD Policies: 300 (Use of Force), 404 (MPR SRU)
Training Requirements POST chemical agents, three modules, 10-hour course. SRU training: 80-hour POST certified basic S.W.A.T. course, 120 hours of annual training, and 24 hours of SWAT update training bi-annually. 56 AGENDA ITEM
5D.

Approve a Resolution Approving the Carry
Forward Professional Service Agreement
with EMC Planning Group, Inc for Fiscal
Year 2024-2025 for Website Design at a
Cost not to Exceed $85,000 Through June
30, 2025
57 City of Sand City

STAFF REPORT
TO: Honorable Mayor and City Council
FROM: Audrey Cray, HR/Risk Manager
SUBJECT: Authorize City Manager to Enter into a Fiscal Year 2023-24 Contract Carry Forward Agreement with EMC Planning Group for Website Design for Fiscal Year 2024-2025
DATE: November 5, 2024
_______________________________________________________________________ BACKGROUND/DISCUSSION:

On November 7th, 2023, City Council approved amending the Fiscal Year 2023-2024 general planning services contract with EMC Planning Group to include website redevelopment and an economic development page.

On behalf of the City, EMC Planning Group successfully applied for the Regional Early Action Planning 2021 (REAP 2.0) Local Suballocation Grant from AMBAG. Sand City was awarded the grant, which originally was $85,000 but was amended to $79,985, for the completion of the website redevelopment and the economic development page.

As a reminder of what the Website Design project encompassed, Staff had proposed to City Council a request to work with EMC Planning Group to redesign the City’s website to produce a more user-friendly experience for City staff, residents, the public, and developers looking for opportunity sites. As set forth in the grant application, the website redesign will primarily focus on improving access to important resources, such as zoning maps, required permits, applicable fees, building restrictions, and available incentives aimed at supporting residential development. The redesign will also improve the aesthetic appearance of the site, making it more closely reflect the City’s presence as an artist’s hub on Monterey Peninsula. Furthermore, EMC Planning Group will train City staff in the upkeep and maintenance of the City’s website. Once City staff have been trained on the upkeep and maintenance of the City website, EMC Planning Group will continue to support City staff on an as needed basis.

The REAP 2.0 will also fund the creation of a new economic development webpage, which will be led by Keyser Marston and Associates and ELS Architecture and Urban Design as subconsultants to EMC Planning Group on the project.

The original timeline of completion for this project was set to be June 30, 2024, but due to unforeseen circumstances that could not be avoided, this project had to be 58 placed on hold so therefore, the project is now a carry forward Fiscal Year 2023-2024 project into Fiscal Year 2024-2025. The new expected completion date will be June 30, 2025.

CEQA:

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

FISCAL IMPACT:

There is no Fiscal Impact as these expected costs have already been included in the budget for FY 2023-2024 and will be carried forward to FY 2024-2025 during the mid-year process less any expenditures already encumbered.

RECOMMENDATION:

Staff recommends approval of the carry forward contract with EMC Planning Group for Website Design.

ATTACHMENTS:
 Resolution
 Professional Services Agreement
 Exhibit A- Additional Scope of Work
 Exhibit B – Fee Schedule
59 CITY OF SAND CITY

PROFESSIONAL SERVICE AGREEMENT FOR NON-CONSTRUCTION PROJECT This Agreement made the 1st day of July, 2024 (the “Effective Date”), by and between the CITY OF SAND CITY, a municipal corporation, hereinafter referred to as “CITY”, and EMC Planning Group Inc., a California Corporation, hereinafter referred to as “CONSULTANT” (together referred to the “Parties”).

In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

I. TERM
The term of the Agreement will begin on the Effective Date of this Agreement and shall end June 30, 2025 or upon completion of the Scope of Services described herein, unless sooner terminated pursuant to the provisions of this Agreement.

The Agreement may be reviewed and modified upon concurrence of both parties.

No modification to the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto.

II. SERVICES
Subject to the terms and conditions set forth in this Agreement, CONSULTANT shall provide to the CITY the services described in the Scope of Work in Exhibit A, attached hereto and incorporated herein as though set forth in full. To the extent that Exhibit A is a proposal from CONSULTANT, such proposal is incorporated only for the description of the scope of services and no other terms and conditions from any such proposal shall apply to this AGREEMENT unless specifically agreed to in writing. Unless otherwise explicitly stated in Exhibit A, CONSULTANT shall at it sole cost and expense furnish all facilities and equipment which may be required for completing the tasks set forth in Exhibit A.

In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.

III. PERFORMANCE
CONSULTANT shall at all times faithfully, competently and to the best of his/her ability, experience, and talent, perform all tasks described herein. CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of CONSULTANT hereunder in meeting its obligations under this AGREEMENT.

IV. TIME
CONSULTANT shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of RESOLUTION ATTACHMENT 1
Resolution SC 24- (2024)
60 performance provided in section III (Performance) and to satisfy CONSULTANT’S obligations hereunder.

V. ASSIGNMENT OF PERSONNEL
CONSULTANT shall assign only competent personnel to perform services pursuant to his Agreement. In the event that CITY, in its sole discretion, at any time during the term of the Agreement, desires the reassignment of any such persons, CONSULTANT shall, immediately upon receiving notice from CITY of such desire, reassign such person or persons.

VI. PAYMENT
A. The CITY agrees to pay CONSULTANT monthly for services performed and reimbursable costs, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not exceed eighty-five thousand dollars ($85,000) for the total term of the Agreement unless additional payment is approved as provided in this Agreement.

Except as specifically authorized by CITY in writing, CONSULTANT shall not bill CITY for duplicative services performed by more than one person.

Fees for work performed by CONSULTANT on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit A. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.

B. CONSULTANT shall not be compensated for any services rendered in connection with its performance of this AGREEMENT which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. CONSULTANT shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and CONSULTANT at the time CITY's written authorization is given to CONSULTANT for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the AGREEMENT, but in no event shall such sum exceed eight thousand and five hundred dollars ($8,500) unless otherwise specified in the AGREEMENT. Any additional work in excess of this amount shall be approved by the City Council of Sand City.

C. CONSULTANT will submit invoices monthly for actual services performed.

Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Invoices shall include a task summary containing the 61 original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement. For each work item and task, a copy of the applicable time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the CITY disputes any of CONSULTANT's fees it shall give written notice to CONSULTANT within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this AGREEMENT shall be made within forty-five (45) days of receipt of an invoice. In no event shall CONSULTANT submit an invoice for an amount in excess of the maximum amount of compensation provided above for either a task or the entire Agreement, unless the Agreement is properly modified in writing prior to the submission of such an invoice.

VII. SUSPENSION OR TERMINATION OF AGREEMENT
A. The CITY may at any time, for any reason, with or without cause, suspend or terminate this AGREEMENT, or any portion hereof, upon written notification to CONSULTANT. Upon receipt of said notice, the CONSULTANT shall immediately cease all work under this AGREEMENT, unless the notice provides otherwise. If the CITY suspends or terminates a portion of this AGREEMENT such suspension or termination shall not make void or invalidate the remainder of this AGREEMENT.

B. CONSULTANT may cancel this Agreement upon 30 days written notice to CITY and shall include in such notice the reasons for cancellation.

C. In the event this AGREEMENT is terminated pursuant to this Section, the CITY shall pay to CONSULTANT the actual value of the work performed up to the time of termination; CITY may however condition payment of such compensation upon CONSULTANT delivering to CITY any and all Documents prepared in connection with this Agreement. Upon termination of the AGREEMENT pursuant to this Section, the CONSULTANT will submit an invoice to the CITY pursuant to Section 6.

D. The parties may amend this Agreement only by a writing signed by all the parties.

E. All obligations arising prior to the termination of this Agreement and all provision of this agreement allocating liability between the CITY and CONSULTANT shall survive the termination of this Agreement.

F. If CONSULTANT materially breaches any of the terms of this Agreement, CITY’s remedies shall include, but not be limited to, the following:
a. Immediately terminate the Agreement
62 b. Retain all Documents and other work product prepared by CONSULTANT pursuant to this Agreement
c. Retain a different consultant to complete the work described in a given task order not finished by Consultant; and/or
VIII. OWNERSHIP OF DOCUMENTS
A. CONSULTANT shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by CITY that relate to the performance of services under this AGREEMENT.

CONSULTANT shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible.

CONSULTANT shall provide free access to the representatives of CITY or its designees at reasonable times to such books and records; shall give CITY the right to examine and audit said books and records; shall permit CITY to make transcripts or copies therefrom as necessary; and shall allow inspection of all work, data, documents, proceedings, and activities related to this AGREEMENT. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. CONSULTANT understands that all such records may be subject to the examination and audit of the State Auditor or as part of any audit of the CITY.

B. Upon completion of, or in the event of termination or suspension of this AGREEMENT, all original documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents, in electronic or other form, prepared in the course of providing the services to be performed pursuant to this AGREEMENT (“Documents”) shall become the sole property of the CITY and may be used, reused, or otherwise disposed of by the CITY in connection with the project for which CONSULTANT’S services are provided under this AGREEMENT and without the permission of the CONSULTANT. With respect to computer files, CONSULTANT shall make available to the CITY, at the CONSULTANT's office and upon reasonable written request by the CITY, the necessary computer software and hardware for purposes of accessing, compiling, transferring, copying and/or printing computer files. CONSULTANT hereby grants to CITY all right, title, and interest, including any copyright, in and to the documents, designs, drawings, maps, models, computer files, surveys, notes, and other documents prepared by CONSULTANT in the course of providing the services under this AGREEMENT.

63 IX. INDEMNIFICATION AND DEFENSE
A. Indemnity
To the fullest extent permitted by law, CONSULTANT shall indemnify and hold harmless CITY and any and all of its officials, employees, contractors and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including legal counsel’s fees and costs, caused in whole or in part by the negligent, reckless or wrongful act, error or omission of CONSULTANT, its officers, agents, employees or subconsultants (or any agency or individual that CONSULTANT shall bear the legal liability thereof) in the performance of services under this AGREEMENT. CONSULTANT’s duty to indemnify and hold harmless CITY shall not extend to the CITY’s sole or active negligence. This indemnification obligation is not limited by any limitation on the amount or type of damages available under any applicable insurance coverage and shall survive the expiration or termination of this Agreement with respect to any liability arising during the term of the Agreement. With respect to third party claims against the CONSULTANT, CONSULTANT waives any and all rights of any type to express or implied indemnity against the Indemnified Parties.

B. Duty to defend
In the event the CITY, its officers, employees, agents and/or volunteers are made a party to any action, lawsuit, or other adversarial proceeding arising from the performance of the services encompassed by this AGREEMENT, and upon demand by CITY, CONSULTANT shall defend the CITY at CONSULTANT’s cost or at CITY’s option, to reimburse CITY for its costs of defense, including reasonable attorney’s fees and costs incurred in the defense of such matters to the extent the matters arise from, relate to or are caused by CONSULTANT’s negligent acts, errors or omissions. Payment by CITY is not a condition precedent to enforcement of this indemnity.

C. California Civil Code Section 2782.8
Notwithstanding the foregoing, to the extent that the CONSULTANT’s services are subject to California Civil Code Section 2782.8, the above indemnity, including the cost to defend, shall be limited to the extent required by California Civil Code Section 2782.8.
64 X. INSURANCE
CONSULTANT shall maintain prior to the beginning of and for the duration of this AGREEMENT insurance coverage as specified in Exhibit C attached to and part of this AGREEMENT.

XI. INDEPENDENT CONSULTANT
A. CONSULTANT is and shall at all times remain as to the CITY a wholly independent consultant and/or independent contractor and not an employee of CITY. The personnel performing the services under this AGREEMENT on behalf of CONSULTANT shall at all times be under CONSULTANT's exclusive direction and control. Neither CITY nor any of its officers, employees, or agents shall have control over the conduct of CONSULTANT or any of CONSULTANT's officers, employees,
subcontractors or agents, except as set forth in this AGREEMENT.

CONSULTANT shall not at any time or in any manner represent that it or any of its officers, employees, subcontractors or agents are in any manner officers, employees, or agents of the CITY. CONSULTANT shall not incur or have the power to incur any debt, obligation, or liability whatever against CITY, or bind CITY in any manner.

B. No employee benefits shall be available to CONSULTANT in connection with the performance of this AGREEMENT. Except for the fees paid to CONSULTANT as provided in the AGREEMENT, CITY shall not pay salaries, wages, or other compensation to CONSULTANT for performing services hereunder for CITY. CITY shall not be liable for compensation or indemnification to CONSULTANT for injury or sickness arising out of performing services hereunder.

XII. LEGAL RESPONSIBILITIES
The CONSULTANT shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this AGREEMENT. The CONSULTANT shall at all times observe and comply with all such laws and regulations. The CITY, and its officers, consultants and employees, shall not be liable at law or in equity occasioned by failure of the CONSULTANT to comply with this Section.

XIII. UNDUE INFLUENCE/CONFLICT OF INTEREST
CONSULTANT declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the CITY in connection with the award, terms or implementation of this AGREEMENT, including any method of coercion, confidential financial arrangement, or financial inducement. 65 No officer or employee of the CITY has or will receive compensation, directly or indirectly, from CONSULTANT, or from any officer, employee or agent of CONSULTANT, in connection with the award of this AGREEMENT or any work to be conducted as a result of this AGREEMENT. Violation of this Section shall be a material breach of this AGREEMENT entitling the CITY to any and all remedies at law or in equity. CONSULTANT may not serve other clients whose activities within the corporate limits of CITY or whose business regardless of location would place CONSULTANT in a “conflict of interest” as that term is defined in the Political Reform Act, California Government Code section 81000 et seq.

XIV. NO BENEFIT TO ARISE TO LOCAL EMPLOYEES
No member, officer, or employee of CITY, or their designees or agents, and no public official who exercises authority over or responsibilities with respect to the Project during his/her tenure or for one year thereafter, shall have any interest, direct or indirect, in any Agreement or sub-Agreement, or the proceeds thereof, for work to be performed in connection with the Project performed under this AGREEMENT.

XV. RELEASE OF INFORMATION/CONFLICTS OF INTEREST
A. All information gained by CONSULTANT in performance of this AGREEMENT shall be considered confidential and shall not be released by CONSULTANT without CITY's prior written authorization.

CONSULTANT, its officers, employees, agents, or subconsultants, shall not without written authorization from the City Manager, or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories, or other information concerning the work performed under this AGREEMENT or relating to any project or property located within the CITY. Response to a subpoena or court order shall not be considered "voluntary" provided CONSULTANT gives CITY notice of such court order or subpoena.

B. CONSULTANT shall promptly notify CITY should CONSULTANT, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request (“Discovery”), court order, or subpoena from any person or party regarding this AGREEMENT and the work performed there under or with respect to any project or property located within the CITY, unless the CITY is a party to any lawsuit, arbitration, or administrative proceeding connected to such Discovery, or unless CONSULTANT is prohibited by law from informing the CITY of such Discovery. CITY retains the right, but has no obligation, to represent CONSULTANT and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless CITY is a party to the lawsuit, arbitration, or administrative proceeding and is 66 averse to CONSULTANT in such proceeding, CONSULTANT agrees to cooperate fully with CITY and to provide the opportunity to review any response to discovery requests provided by CONSULTANT. However, CITY's right to review any such response does not imply or mean the right by CITY to control, direct, or rewrite said response.

XVI. NOTICES
Any notices which either party may desire to give to the other party under this AGREEMENT must be in writing and may be given either by (i) personal service, (ii) delivery by a reputable document delivery service, such as but not limited to, Federal Express, which provides a receipt showing date and time of delivery, or (iii) mailing in the United States Mail, certified mail, postage prepaid, return receipt requested, addressed to the address of the party as set forth below or at any other address as that party may later designate by notice:

To CITY: City of Sand City
1 Pendergrass Way
Sand City, CA 93955
Attention: Vibeke Norgaard, City Manager
To CONSULTANT: EMC Planning Group, Inc.
601 Abrego Street
Monterey, CA 93940
Attention: Michael Groves, Senior Principal
XVII. ASSIGNMENT
The CONSULTANT shall not assign the performance of this AGREEMENT, nor any part thereof, nor any monies due hereunder, without prior written consent of the CITY. Because of the personal nature of the services to be rendered pursuant to this AGREEMENT, only CONSULTANT shall perform the services described in this AGREEMENT. Upon termination of this Agreement, CONSULTANT's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between CITY and the CONSULTANT.

Before CONSULTANT retains or contracts with any subcontractor, CONSULTANT shall provide CITY with the identity of the proposed CONSULTANT, a copy of the proposed written contract between CONSULTANT and such subcontractor which shall include an indemnity provision similar to the one provided herein and identifying CITY as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed subcontractor carries insurance at least equal to that required by this AGREEMENT or obtain a written waiver from CITY for such insurance. 67 XVIII. LICENSES
At all times during the term of this AGREEMENT, CONSULTANT, its employees, agents, and any subcontractors shall have in full force and effect, all licenses, permits, qualifications and approvals required of it by law for the performance of the services described in this AGREEMENT. In addition, CONSULTANT and any subcontractors shall obtain and maintain during the term of this Agreement a valid Sand City business license.

XIX. GOVERNING LAW
The CITY and CONSULTANT understand and agree that the laws of the State of California shall govern the rights, obligations, duties, and liabilities of the parties to this AGREEMENT and also govern the interpretation of this Agreement. Any litigation concerning this AGREEMENT shall be brought and maintained in the Superior Court of the State of California in and for the County of Monterey or in the United States District Court for the Central District of California.

XX. ENTIRE AGREEMENT
This AGREEMENT contains the entire understanding between the parties relating to the obligations of the parties described in this AGREEMENT. All prior or contemporaneous Agreements, understandings, representations, and statements, oral or written and pertaining to the subject of this AGREEMENT or with respect to the terms and conditions of this AGREEMENT, are merged into this AGREEMENT and shall be of no further force or effect. Each party is entering into this AGREEMENT based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material.

XXI. SEVERABILITY/NO IMPLIED WAIVER OF BREACH
If a court of competent jurisdiction finds that any provision of this Agreement is invalid, void or unenforceable, the provisions not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any breach of that term or any other term of this Agreement.

XXII. ATTORNEYS FEES
If a party to this Agreement brings any action to enforce or interpret this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. 68 XXIII. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this AGREEMENT on behalf of CONSULTANT warrants and represents that he/she has the authority to execute this AGREEMENT on behalf of the CONSULTANT and has the authority to bind CONSULTANT to the performance of its obligations hereunder. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year first above written.

CONSULTANT
By:_____________________________
(Signature)
________________________________
(Typed Name)
________________________________
(Title)

CITY OF SAND CITY
_______________________________
Vibeke Norgaard, City Manager
ATTEST:
_______________________________
Kerry Lindstrom, City Clerk
_______________________________
Audrey Cray, Risk Manager
APPROVED AS TO FORM:

By: ____________________________
Adam Lindgren, City Attorney
69 Attachments: Exhibit A Additional Scope of Work
Exhibit B Fee Schedule
Exhibit C Insurance Requirements
70 EXHIBIT A
CONSULTANT’S PROPOSAL
71 EXHIBIT B

FEE SCHEDULE
72 EXHIBIT C

INSURANCE REQUIREMENTS
Without limiting CONSULTANT’s indemnification of CITY, and prior to commencement of Work, CONSULTANT shall obtain, provide and maintain at its own expense during the term of this AGREEMENT, policies of insurance of the type and amounts described below and, in a form, satisfactory to CITY.

General liability insurance. CONSULTANT shall maintain commercial general liability insurance with coverage at least as broad as Insurance Services Office form CG 00 01, in an amount not less than $1,000,000 per occurrence, $2,000,000 general aggregate, for bodily injury, personal injury, and property damage. The policy must include contractual liability that has not been amended. Any endorsement restricting standard ISO “insured contract” language will not be accepted.

Automobile liability insurance. CONSULTANT shall maintain automobile insurance at least as broad as Insurance Services Office form CA 00 01 covering bodily injury and property damage for all activities of the Consultant arising out of or in connection with Work to be performed under this AGREEMENT, including coverage for any owned, hired, non-owned or rented vehicles, in an amount not less than $1,000,000 combined single limit for each accident.

Professional liability (errors & omissions) insurance. CONSULTANT shall maintain professional liability insurance that covers the Services to be performed in connection with this AGREEMENT, in the minimum amount of $1,000,000 per claim and in the aggregate. Any policy inception date, continuity date, or retroactive date must be before the effective date of this AGREEMENT and CONSULTANT agrees to maintain continuous coverage through a period no less than three (3) years after completion of the services required by this AGREEMENT.

Workers’ compensation insurance. CONSULTANT shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).

CONSULTANT shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.

Umbrella or excess liability insurance. [Optional depending on limits required].

CONSULTANT shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
73  A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
 Pay on behalf of wording as opposed to reimbursement;  Concurrency of effective dates with primary policies;  Policies shall “follow form” to the underlying primary policies; and  Insureds under primary policies shall also be insureds under the umbrella or excess policies.

Other provisions or requirements
Proof of insurance. CONSULTANT shall provide certificates of insurance to CITY as evidence of the insurance coverage required herein, along with a waiver of subrogation endorsement for workers’ compensation. Insurance certificates and endorsements must be approved by City’s Risk Manager prior to commencement of performance. Current certification of insurance shall be kept on file with CITY at all times during the term of this contract. CITY reserves the right to require complete, certified copies of all required insurance policies, at any time.

Duration of coverage. CONSULTANT shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, which may arise from or in connection with the performance of the Work hereunder by CONSULTANT, his agents, representatives, employees or subconsultants.

Primary/noncontributing. Coverage provided by CONSULTANT shall be primary and any insurance or self-insurance procured or maintained by CITY shall not be required to contribute with it. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of CITY before the CITY’s own insurance or self-insurance shall be called upon to protect it as a named insured.

City’s rights of enforcement. In the event any policy of insurance required under this AGREEMENT does not comply with these specifications or is canceled and not replaced, CITY has the right but not the duty to obtain the insurance it deems necessary and any premium paid by CITY will be promptly reimbursed by CONSULTANT or CITY will withhold amounts sufficient to pay premium from CONSULTANT payments. In the alternative, CITY may cancel this AGREEMENT.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City Administrator.
74 Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONSULTANT or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONSULTANT hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Enforcement of contract provisions (non estoppel). CONSULTANT acknowledges and agrees that any actual or alleged failure on the part of the CITY to inform CONSULTANT of non-compliance with any requirement imposes no additional obligations on the CITY nor does it waive any rights hereunder.

Requirements not limiting. Requirements of specific coverage features or limits contained in this Section are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only as it pertains to a given issue and is not intended by any party or insured to be all inclusive, or to the exclusion of other coverage, or a waiver of any type. If the Consultant maintains higher limits than the minimums shown above, the CITY requires and shall be entitled to coverage for the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY.

Notice of cancellation. Consultant agrees to oblige its insurance agent or broker and insurers to provide to CITY with a thirty (30) day notice of cancellation (except for nonpayment for which a ten (10) day notice is required) or nonrenewal of coverage for each required coverage.

Additional insured status. General liability policies shall provide or be endorsed to provide that CITY and its officers, officials, employees, and agents, and volunteers shall be additional insureds under such policies. This provision shall also apply to any excess/umbrella liability policies.

Prohibition of undisclosed coverage limitations. None of the coverages required herein will be in compliance with these requirements if they include any limiting endorsement of any kind that has not been first submitted to CITY and approved of in writing.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. 75 Pass through clause. CONSULTANT agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by CONSULTANT, provide the same minimum insurance coverage and endorsements required of CONSULTANT. CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.

CONSULTANT agrees that upon request, all Agreements with consultants, subcontractors, and others engaged in the project will be submitted to CITY for review.

City’s right to revise specifications. The CITY reserves the right at any time during the term of the contract to change the amounts and types of insurance required by giving the CONSULTANT ninety (90) days advance written notice of such change. If such change results in substantial additional cost to the CONSULTANT, the CITY and CONSULTANT may renegotiate CONSULTANT’s compensation.

Self-insured retentions. Any self-insured retentions must be declared to and approved by CITY. CITY reserves the right to require that self-insured retentions be eliminated, lowered, or replaced by a deductible. Self-insurance will not be considered to comply with these specifications unless approved by CITY.

Timely notice of claims. CONSULTANT shall give CITY prompt and timely notice of claims made or suits instituted that arise out of or result from CONSULTANT’s performance under this AGREEMENT, and that involve or may involve coverage under any of the required liability policies.

Additional insurance. CONSULTANT shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the work. 76 77
78 79
80 81
82 83
84 85
86 87
88 89

AGENDA ITEM
5E.

Acceptance of City/Successor Agency
Financial Reports from August 2024
90 City of Sand City

STAFF REPORT
TO: Honorable Mayor and City Council/Successor Agency Board Members FROM: Jennifer Pope, Finance Manager
SUBJECT: August 2024 Financial Report
DATE: November 5, 2024
_______________________________________________________________________ BACKGROUND/DISCUSSION:

Attached are the financial reports for the City of Sand City and the Sand City Successor Agency of the former Redevelopment Agency.

A. City of Sand City Reports
a. Cash Register Activity Report, August 2024 (Attachment 1) Revenue total - $751,685
b. Cash Disbursement Report, August 2024 (Attachment 2) Expenditure total - $558,628
B. Sand City Successor Agency for the former Redevelopment Agency Reports a. Trial Balance Report, August 2024 (Attachment 3)
i. Revenue total - $5,634
ii. Expenditures total - $198,922
Transfers
Transfers are shown in the Month End Cash Register Activity Report; they are transfers from one bank account to another and should not be considered as a revenue or expenditure.

Date Source Amount Description
There were no transfers in August 2024.

CEQA:

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

FISCAL IMPACT:

There is no fiscal impact with receiving this report.

RECOMMENDATION:

Receive the report.
91 ATTACHMENTS:

1. Sand City Month End Cash Register Activity Report

2. Sand City Month End Cash Disbursement Report

3. Successor Agency Trial Balance Report
92 Period Post Date Receipt Receipt Date Description Debit Acct Credit Acct Amount paid 24-Aug 8/12/2024 29808 8/12/2024 SAND CITY PARKING 99 1001 10 4221 08 $ 40.00 24-Aug 8/12/2024 29809 8/12/2024 SAND CITY PARKING 99 1001 10 4221 08 $ 40.00 24-Aug 8/12/2024 29810 8/12/2024 SAND CITY PARKING 99 1001 10 4221 08 $ 40.00 24-Aug 8/12/2024 29811 8/12/2024 TOT TAX 99 1001 10 4034 00 $ 1,452.60 24-Aug 8/12/2024 29812 8/12/2024 TOT TAX 99 1001 10 4034 00 $ 1,203.00 24-Aug 8/12/2024 29813 8/12/2024 TOT TAX 99 1001 10 4034 00 $ 1,598.39 24-Aug 8/12/2024 29814 8/12/2024 TOT TAX 99 1001 10 4034 00 $ 561.68 24-Aug 8/12/2024 29815 8/12/2024 TOT TAX 99 1001 10 4034 00 $ 450.00 24-Aug 8/12/2024 29816 8/12/2024 TOT TAX 99 1001 10 4034 00 $ 870.48 24-Aug 8/12/2024 29817 8/12/2024 UTILITY USERS TAX 99 1001 10 4025 00 $ 0.71 24-Aug 8/12/2024 29818 8/12/2024 UTILITY USERS TAX 99 1001 10 4025 00 $ 628.04 24-Aug 8/12/2024 29819 8/12/2024 WEST END REVENUE 99 1001 10 4500 00 $ 150.00 24-Aug 8/12/2024 29820 8/12/2024 WEST END REVENUE 99 1001 10 4500 00 $ 500.00 24-Aug 8/12/2024 29820 8/12/2024 WEST END REVENUE 99 1001 10 4500 00 $ 100.00 24-Aug 8/12/2024 29821 8/12/2024 WEST END REVENUE 99 1001 10 4500 00 $ 150.00 24-Aug 8/12/2024 29822 8/12/2024 WEST END REVENUE 99 1001 10 4500 00 $ 500.00 24-Aug 8/12/2024 29822 8/12/2024 WEST END REVENUE 99 1001 10 4500 00 $ 100.00 24-Aug 8/12/2024 29823 8/12/2024 COUNTY/TRAFFIC 99 1001 35 4205 11 $ 52.82 24-Aug 8/12/2024 29823 8/12/2024 CRIMINAL PC1463/CITY FINES 99 1001 10 4210 08 $ 39.71 24-Aug 8/12/2024 29823 8/12/2024 COUNTY/PROOF OF CORR 99 1001 35 4205 11 $ 6.60 24-Aug 8/12/2024 29823 8/12/2024 COUNTY/PROPERTY TAX 99 1001 10 4020 00 $ 1,103.03 24-Aug 8/12/2024 29823 8/12/2024 1/2 TAX POLICE/PROP 172 99 1001 10 4330 08 $ 46.08 24-Aug 8/12/2024 29823 8/12/2024 COUNTY/REV & RECOVERY 99 1001 10 4210 08 $ 101.49 24-Aug 8/12/2024 29824 8/12/2024 BUSINESS LICENSE 99 1001 10 4055 00 $ 94,270.80 24-Aug 8/12/2024 29825 8/12/2024 GAS TAX 2103 99 1001 31 4305 11 $ 358.70 24-Aug 8/12/2024 29825 8/12/2024 GAS TAX - 2105 31 99 1001 31 4305 11 $ 198.62 24-Aug 8/12/2024 29825 8/12/2024 GAS TAX - 2106 32 99 1001 31 4305 11 $ 490.52 24-Aug 8/12/2024 29825 8/12/2024 GAS TAX - 2107 33 99 1001 31 4305 11 $ 267.75 24-Aug 8/12/2024 29825 8/12/2024 GAS TAX - 2107 33 99 1001 31 4305 11 $ 1,000.00 24-Aug 8/12/2024 29826 8/12/2024 MISC 99 1001 10 4730 00 $ 500.00 24-Aug 8/12/2024 29827 8/12/2024 SALES TAX RECEIVED 99 1001 10 4030 00 $ 271,206.76 24-Aug 8/12/2024 29828 8/12/2024 TRANSACTION/USE TAX 99 1001 10 4032 00 $ 362,239.50 24-Aug 8/12/2024 29829 8/12/2024 TRANSACTION/USE TAX 99 1001 10 4032 00 $ 4.91 24-Aug 8/12/2024 29830 8/12/2024 COPS GRANT 99 1001 10 4069 08 $ 8,333.33 24-Aug 8/12/2024 29831 8/12/2024 RENTAL INCOME 99 1001 10 4740 00 $ 1,699.59 24-Aug 8/12/2024 29832 8/12/2024 ART PARK REVENUE 99 1001 10 4504 00 $ 150.00 24-Aug 8/12/2024 29833 8/12/2024 MISC 99 1001 10 5085 00 $ 130.16 24-Aug 8/12/2024 29834 8/12/2024 ART PARK REVENUE 99 1001 10 4504 00 $ 150.00 24-Aug 8/12/2024 29835 8/12/2024 PLAN CHECK FEE 4165 99 1001 10 4165 06 $ 950.00 Total Cash Register Activity $ 751,685.27
City of Sand City
Month End Cash Register Activity Report
Reporting Period: 8/24
93 Period Check Number Check Date Vendor # (Name) Gross Amount Net Amount Check Description 24-Aug 39636 8/21/2024 EMC02 (EMC PLANNING GROUP, INC.) -7,771.26 -7,771.26 Ck# 039636 Reversed 39648 8/13/2024 BRO07 (CHRISTOPHER BROWNING) 6,810.54 6,810.54 Automatic Generated Check 39649 8/15/2024 4LE01 (4LEAF, INC.) 6,024.50 6,024.50 Automatic Generated Check 39650 8/15/2024 CYP04 (CYPRESS COAST FORD) 557.57 557.57 Automatic Generated Check 39651 8/15/2024 HAR06 (HARRIS & ASSOCIATES, INC.) 23,830.00 23,830.00 Automatic Generated Check 39652 8/15/2024 LCW01 (LIEBERT CASSIDY WHITMORE) 2,107.50 2,107.50 Automatic Generated Check 39653 8/15/2024 MCB01 (MONTEREY COUNTY BUSINESS) 5,000.00 5,000.00 Automatic Generated Check 39654 8/15/2024 MEY01 (MEYERS NAVE, CORPORATION) 38,898.00 38,898.00 Automatic Generated Check 39655 8/15/2024 MRW02 (MRWMD ) 4,500.00 4,500.00 Automatic Generated Check 39656 8/15/2024 RGS01 (REGIONAL GOVERNMENT SERVICES) 49.69 49.69 Automatic Generated Check 39657 8/19/2024 A&R01 (A&R PLUMBING, INC) 748.05 748.05 Automatic Generated Check 39658 8/19/2024 AFL01 (AFLAC ) 527.94 527.94 Automatic Generated Check 39659 8/19/2024 ALA04 (ALHAMBRA) 67.85 67.85 Automatic Generated Check 39660 8/19/2024 AME10 (VESTIS) 565.8 565.8 Automatic Generated Check 39661 8/19/2024 ASC01 (AMERICAN SUPPLY CO) 140.9 140.9 Automatic Generated Check 39662 8/19/2024 ATT05 (AT&T MOBILITY) 989.4 989.4 Automatic Generated Check 39663 8/19/2024 BCM01 (BCM ONE, INC.) 326.03 326.03 Automatic Generated Check 39664 8/19/2024 CAJ01 (CAJPA ) 750 750 Automatic Generated Check 39665 8/19/2024 CAL01 (CAL-AM WATER) 820.87 820.87 Automatic Generated Check 39666 8/19/2024 CAL15 (CALIFORNIA CONSULTING, INC.) 4,250.00 4,250.00 Automatic Generated Check 39667 8/19/2024 CAM03 (TALKING WALLS) 20,000.00 20,000.00 Automatic Generated Check 39668 8/19/2024 CHA04 (CALIFORNIA HIGHWAY) 350 350 Automatic Generated Check 39669 8/19/2024 CHI07 (CHIDLAW MARKETING) 3,499.00 3,499.00 Automatic Generated Check 39670 8/19/2024 COA07 (MONTEREY COUNTY WEEKLY) 1,858.25 1,858.25 Automatic Generated Check 39671 8/19/2024 COM01 (COMMUNITY HUMAN SERVICES) 5,260.00 5,260.00 Automatic Generated Check 39672 8/19/2024 COM11 (COMCAST) 406.2 406.2 Automatic Generated Check 39673 8/19/2024 COR01 (CORBIN WILLITS SYSTEMS) 276.53 276.53 Automatic Generated Check 39674 8/19/2024 COR04 (CORODATA SHREDDING, INC.) 61.75 61.75 Automatic Generated Check 39675 8/19/2024 COR05 (CORODATA RECORDS MANAGEMENT) 87.85 87.85 Automatic Generated Check 39676 8/19/2024 COU01 (COUNTY OF SANTA CLARA) 531.32 531.32 Automatic Generated Check 39677 8/19/2024 DEP03 (DEPT. OF HOUSING & COMMUNITY DEVELOPMENT) 37 37 Automatic Generated Check 39678 8/19/2024 DOC01 (DOCUSIGN INC LOCKBOX) 1,725.00 1,725.00 Automatic Generated Check 39679 8/19/2024 EMC02 (EMC PLANNING GROUP, INC.) 46,168.51 46,168.51 Automatic Generated Check 39680 8/19/2024 FIR03 (FIRST ALARM SECURITY) 35 35 Automatic Generated Check 39681 8/19/2024 GAT02 (HOPE SERVICES) 6,792.50 6,792.50 Automatic Generated Check 39682 8/19/2024 GLA06 (RORY GLASS) 1,000.00 1,000.00 Automatic Generated Check 39683 8/19/2024 HDL01 (HDL COREN & CONE) 1,386.00 1,386.00 Automatic Generated Check 39684 8/19/2024 HOM01 (HOME DEPOT CREDIT SERVICE) 5,280.96 5,280.96 Automatic Generated Check 39685 8/19/2024 HUM02 (HUMANA INSURANCE COMPANY) 5,182.65 5,182.65 Automatic Generated Check 39686 8/19/2024 LCW01 (LIEBERT CASSIDY WHITMORE) 3,586.00 3,586.00 Automatic Generated Check 39687 8/19/2024 MBA01 (MONTEREY BAY AREA SELF INS.) 234,050.26 234,050.26 Automatic Generated Check 39688 8/19/2024 MBP03 (MONTEREY BAY PEST CONTROL) 130 130 Automatic Generated Check 39689 8/19/2024 MBT01 (MONTEREY BAY TECHNOLOGIES, INC.) 2,840.93 2,840.93 Automatic Generated Check 39690 8/19/2024 MCV01 (SEE MONTEREY) 2,000.00 2,000.00 Automatic Generated Check 39691 8/19/2024 MOB02 (MCGRATH RENTCORP) 574.99 574.99 Automatic Generated Check 39692 8/19/2024 MON09 (MONTEREY BAY AIR RESOURCES DISTRICT) 208.45 208.45 Automatic Generated Check 39693 8/19/2024 MRW01 (MONTEREY ONE WATER) 308.16 308.16 Automatic Generated Check 39694 8/19/2024 NIN01 (NINYO & MOORE) 4,500.00 4,500.00 Automatic Generated Check 39695 8/19/2024 OFF03 (ODP BUSINESS SOLUTIONS) 228.99 228.99 Automatic Generated Check 39696 8/19/2024 PET01 (PETTY CASH-CASHED BY SHAN NORTON) 273.17 273.17 Automatic Generated Check 39697 8/19/2024 PUB01 (PUBLIC STORAGE) 1,146.45 1,146.45 Automatic Generated Check 39698 8/19/2024 SAF02 (SAFEGUARD BUSINESS SYSTEMS) 187.92 187.92 Automatic Generated Check 39699 8/19/2024 SEA09 (SEASIDE GROUNDWATER BASIN WATERMASTER) 1,988.00 1,988.00 Automatic Generated Check 39700 8/19/2024 SHA03 (SHAMROCK OFFICE SOLUTIONS) 330.73 330.73 Automatic Generated Check 39701 8/19/2024 SLV01 (STEPHEN L. VAGNINI) 17,025.99 17,025.99 Automatic Generated Check 39702 8/19/2024 STA03 (STAR SANITATION, LLC) 909.2 909.2 Automatic Generated Check 39703 8/19/2024 STU02 (STURDY OIL COMPANY) 2,371.82 2,371.82 Automatic Generated Check 39704 8/19/2024 SUN02 (SUN LIFE FINANCIAL) 1,867.84 1,867.84 Automatic Generated Check 39705 8/19/2024 TYL02 (TYLER TECHNOLOGIES, INC) 1,261.50 1,261.50 Automatic Generated Check 39706 8/19/2024 VER01 (VERIZON WIRELESS) 128.8 128.8 Automatic Generated Check 39707 8/22/2024 4LE01 (4LEAF, INC.) 6,442.50 6,442.50 Automatic Generated Check 39708 8/22/2024 EMC02 (EMC PLANNING GROUP, INC.) 42,466.23 42,466.23 Automatic Generated Check City of Sand City
Month End Cash Disbursements Report
Period Report: 8/2024
94 Period Check Number Check Date Vendor # (Name) Gross Amount Net Amount Check Description 39709 8/22/2024 STU02 (STURDY OIL COMPANY) 1,269.75 1,269.75 Automatic Generated Check 39710 8/27/2024 4LE01 (4LEAF, INC.) 15,343.25 15,343.25 Automatic Generated Check 39711 8/27/2024 AFL01 (AFLAC ) 527.94 527.94 Automatic Generated Check 39712 8/27/2024 ATT03 (A.T. & T.) 202.72 202.72 Automatic Generated Check 39713 8/27/2024 BEN04 (JESUS BENITEZ) 2,520.00 2,520.00 Automatic Generated Check 39714 8/27/2024 BUS05 (JEFF BUSHNELL) 209.06 209.06 Automatic Generated Check 39715 8/27/2024 CHA04 (CALIFORNIA HIGHWAY) 350 350 Automatic Generated Check 39716 8/27/2024 CLE01 (CALIFORNIA LAW) 288 288 Automatic Generated Check 39717 8/27/2024 COA07 (MONTEREY COUNTY WEEKLY) 1,051.00 1,051.00 Automatic Generated Check 39718 8/27/2024 COM11 (COMCAST) 306.91 306.91 Automatic Generated Check 39719 8/27/2024 COR01 (CORBIN WILLITS SYSTEMS) 276.53 276.53 Automatic Generated Check 39720 8/27/2024 CSD01 (CALIFORNIA STATE DISBURSE UNIT) 385 385 Automatic Generated Check 39721 8/27/2024 CYP04 (CYPRESS COAST FORD) 926.34 926.34 Automatic Generated Check 39722 8/27/2024 EMC02 (EMC PLANNING GROUP, INC.) 5,175.47 5,175.47 Automatic Generated Check 39723 8/27/2024 FAN03 (JILL FANUCCHI) 298.81 298.81 Automatic Generated Check 39724 8/27/2024 HUM02 (HUMANA INSURANCE COMPANY) 4,619.19 4,619.19 Automatic Generated Check 39725 8/27/2024 KIO01 (KION ) 500 500 Automatic Generated Check 39726 8/27/2024 LIN01 (LINGO ) 139.88 139.88 Automatic Generated Check 39727 8/27/2024 MCC04 (MCCLEOA) 500 500 Automatic Generated Check 39728 8/27/2024 MOB02 (MCGRATH RENTCORP) 574.99 574.99 Automatic Generated Check 39729 8/27/2024 MRW02 (MRWMD ) 496.65 496.65 Automatic Generated Check 39730 8/27/2024 OFF03 (ODP BUSINESS SOLUTIONS) 141.41 141.41 Automatic Generated Check 39731 8/27/2024 PET01 (PETTY CASH-CASHED BY SHAN NORTON) 80.27 80.27 Automatic Generated Check 39732 8/27/2024 PGE01 (PACIFIC GAS & ELECTRIC) 3,575.42 3,575.42 Automatic Generated Check 39733 8/27/2024 REN01 (RENTAL DEPOT - MONTEREY) 900 900 Automatic Generated Check 39734 8/27/2024 RIG01 (JOHN BREARTON) 250 250 Automatic Generated Check 39735 8/27/2024 SAN01 (SAND CITY POLICE OFFICERS) 1,420.00 1,420.00 Automatic Generated Check 39736 8/27/2024 SLV01 (STEPHEN L. VAGNINI) 694.89 694.89 Automatic Generated Check 39737 8/27/2024 SPC01 (SPCA ) 245 245 Automatic Generated Check 39738 8/27/2024 STU02 (STURDY OIL COMPANY) 1,107.58 1,107.58 Automatic Generated Check 39739 8/27/2024 WEE02 (BOB WEEMS) 291.89 291.89 Automatic Generated Check Total Cash Disbursement 558,627.78 558,627.78
95 Report Date: 10/07/24 SUCCESSOR AGENCY Page.: 1
Run Date...: 10/07/24 12:19 G/L Trial Balance - Detail in the Order of FUND ID # GLTB Run by.....: Devon Lazzarino For All Accounts CTL.: SUC Beginning of.: August 1, 2024 (02-25) Thru Ending of.: August 31, 2024 (02-25) G/L Account No
Ctr Cal. Fiscl Date Jrnl Line Description Debit Credit
--- ------ ----- -------- ----- ---- -------------------------------------------------- -------------- -------------- -------------- 40 1005 Fiduciary Fund Tax Increment Account
Balance August 1, 2024 (02-25) 1,476,814.99
-------------- --------------
Aug 2024 02-2025 09/11/24 03-00 0002 Hand Checks 09/11/24 182,329.75 Aug 2024 02-2025 09/21/24 DL-00 0002 August Interest 5,634.34 Aug 2024 02-2025 09/23/24 DL-01 0002 Correcting Entry - AP 16,592.00

** Budget not Applicable ** Activity ----> 5,634.34 198,921.75 -------------- --------------
Balance August 31, 2024 (02-25) 1,283,527.58
.................................................................................................................................... 40 1025 Fiduciary Fund 2008 TAX EXEMPT CD#69981148831
Balance August 1, 2024 (02-25) 535,050.30
-------------- --------------

** Budget not Applicable ** Activity ----> .00 .00
-------------- --------------
Balance August 31, 2024 (02-25) 535,050.30
.................................................................................................................................... 40 1026 Fiduciary Fund 2008 TAX EXEMPT CD#53567157891
Balance August 1, 2024 (02-25) 540,471.43
-------------- --------------

** Budget not Applicable ** Activity ----> .00 .00
-------------- --------------
Balance August 31, 2024 (02-25) 540,471.43
.................................................................................................................................... 40 1070 Fiduciary Fund 2008B RESERVE ACCOUNT
Balance August 1, 2024 (02-25) 216,039.34
-------------- --------------

** Budget not Applicable ** Activity ----> .00 .00
-------------- --------------
Balance August 31, 2024 (02-25) 216,039.34
.................................................................................................................................... 40 1072 Fiduciary Fund 2008B Debt Service Fund
Balance August 1, 2024 (02-25) 1,511.78
-------------- --------------

** Budget not Applicable ** Activity ----> .00 .00
-------------- --------------
Balance August 31, 2024 (02-25) 1,511.78
.................................................................................................................................... 96 Report Date: 10/07/24 SUCCESSOR AGENCY Page.: 2
Run Date...: 10/07/24 12:19 G/L Trial Balance - Detail in the Order of FUND ID # GLTB Run by.....: Devon Lazzarino For All Accounts CTL.: SUC Beginning of.: August 1, 2024 (02-25) Thru Ending of.: August 31, 2024 (02-25) G/L Account No
Ctr Cal. Fiscl Date Jrnl Line Description Debit Credit
--- ------ ----- -------- ----- ---- -------------------------------------------------- -------------- -------------- -------------- 40 1085 Fiduciary Fund 2017 Debt Service Fund
Balance August 1, 2024 (02-25) 3.99
-------------- --------------

** Budget not Applicable ** Activity ----> .00 .00
-------------- --------------
Balance August 31, 2024 (02-25) 3.99
.................................................................................................................................... 40 1291 Fiduciary Fund Land
Balance August 1, 2024 (02-25) 1,100,000.26
-------------- --------------

** Budget not Applicable ** Activity ----> .00 .00
-------------- --------------
Balance August 31, 2024 (02-25) 1,100,000.26
.................................................................................................................................... 40 1293 Fiduciary Fund FURNITURE AND FIXTURES
Balance August 1, 2024 (02-25) 40,218.25
-------------- --------------

** Budget not Applicable ** Activity ----> .00 .00
-------------- --------------
Balance August 31, 2024 (02-25) 40,218.25
.................................................................................................................................... 40 1297 Fiduciary Fund SIGNS AND LANDSCAPING
Balance August 1, 2024 (02-25) 182,630.99
-------------- --------------

** Budget not Applicable ** Activity ----> .00 .00
-------------- --------------
Balance August 31, 2024 (02-25) 182,630.99
.................................................................................................................................... 40 1300 Fiduciary Fund ACCUMULATED DEPRECIATION
Balance August 1, 2024 (02-25) 222,849.24
-------------- --------------

** Budget not Applicable ** Activity ----> .00 .00
-------------- --------------
Balance August 31, 2024 (02-25) 222,849.24
.................................................................................................................................... 97 Report Date: 10/07/24 SUCCESSOR AGENCY Page.: 3
Run Date...: 10/07/24 12:19 G/L Trial Balance - Detail in the Order of FUND ID # GLTB Run by.....: Devon Lazzarino For All Accounts CTL.: SUC Beginning of.: August 1, 2024 (02-25) Thru Ending of.: August 31, 2024 (02-25) G/L Account No
Ctr Cal. Fiscl Date Jrnl Line Description Debit Credit
--- ------ ----- -------- ----- ---- -------------------------------------------------- -------------- -------------- -------------- 40 2001 Fiduciary Fund Accounts Payable
Balance August 1, 2024 (02-25) 16,592.00
-------------- --------------
Aug 2024 02-2025 09/23/24 DL-01 0001 Correcting Entry - AP 16,592.00

** Budget not Applicable ** Activity ----> 16,592.00 .00 -------------- --------------
Balance August 31, 2024 (02-25) .00
.................................................................................................................................... 40 2045 Fiduciary Fund REFUNDABLE FEES
Balance August 1, 2024 (02-25) 1,455,000.00
-------------- --------------

** Budget not Applicable ** Activity ----> .00 .00
-------------- --------------
Balance August 31, 2024 (02-25) 1,455,000.00
.................................................................................................................................... 40 2050 Fiduciary Fund Deferred Revenue
Balance August 1, 2024 (02-25) 575,959.00
-------------- --------------

** Budget not Applicable ** Activity ----> .00 .00
-------------- --------------
Balance August 31, 2024 (02-25) 575,959.00
.................................................................................................................................... 40 2055 Fiduciary Fund Due to General Fund
Balance August 1, 2024 (02-25) 127,330.33
-------------- --------------

** Budget not Applicable ** Activity ----> .00 .00
-------------- --------------
Balance August 31, 2024 (02-25) 127,330.33
.................................................................................................................................... 40 2330 Fiduciary Fund GENERAL LT- ADVANCE COSTC0/SEA
Balance August 1, 2024 (02-25) 4,650,000.00
-------------- --------------

** Budget not Applicable ** Activity ----> .00 .00
-------------- --------------
Balance August 31, 2024 (02-25) 4,650,000.00
.................................................................................................................................... 98 Report Date: 10/07/24 SUCCESSOR AGENCY Page.: 4
Run Date...: 10/07/24 12:19 G/L Trial Balance - Detail in the Order of FUND ID # GLTB Run by.....: Devon Lazzarino For All Accounts CTL.: SUC Beginning of.: August 1, 2024 (02-25) Thru Ending of.: August 31, 2024 (02-25) G/L Account No
Ctr Cal. Fiscl Date Jrnl Line Description Debit Credit
--- ------ ----- -------- ----- ---- -------------------------------------------------- -------------- -------------- -------------- 40 2455 Fiduciary Fund LT ADVANCES FOR OPERAT EXPENSE
Balance August 1, 2024 (02-25) 3,626,057.91
-------------- --------------

** Budget not Applicable ** Activity ----> .00 .00
-------------- --------------
Balance August 31, 2024 (02-25) 3,626,057.91
.................................................................................................................................... 40 2460 Fiduciary Fund ADVANCES COP REIMBURSEMENTS
Balance August 1, 2024 (02-25) 1,454,766.42
-------------- --------------

** Budget not Applicable ** Activity ----> .00 .00
-------------- --------------
Balance August 31, 2024 (02-25) 1,454,766.42
.................................................................................................................................... 40 2485 Fiduciary Fund SERIES B BONDS
Balance August 1, 2024 (02-25) 210,000.00
-------------- --------------

** Budget not Applicable ** Activity ----> .00 .00
-------------- --------------
Balance August 31, 2024 (02-25) 210,000.00
.................................................................................................................................... 40 2490 Fiduciary Fund Refunding Bonds, Series 2017
Balance August 1, 2024 (02-25) 2,210,000.00
-------------- --------------

** Budget not Applicable ** Activity ----> .00 .00
-------------- --------------
Balance August 31, 2024 (02-25) 2,210,000.00
.................................................................................................................................... 40 3400 Fiduciary Fund Unappropriated Fund Balance
Balance August 1, 2024 (02-25) 10,461,936.45
-------------- --------------

** Budget not Applicable ** Activity ----> .00 .00
-------------- --------------
Balance August 31, 2024 (02-25) 10,461,936.45
.................................................................................................................................... 99 Report Date: 10/07/24 SUCCESSOR AGENCY Page.: 5
Run Date...: 10/07/24 12:19 G/L Trial Balance - Detail in the Order of FUND ID # GLTB Run by.....: Devon Lazzarino For All Accounts CTL.: SUC Beginning of.: August 1, 2024 (02-25) Thru Ending of.: August 31, 2024 (02-25) G/L Account No
Ctr Cal. Fiscl Date Jrnl Line Description Debit Credit
--- ------ ----- -------- ----- ---- -------------------------------------------------- -------------- -------------- -------------- 40 4450 Fiduciary Fund TAX INCR INTER
Balance August 1, 2024 (02-25) 6,122.88
-------------- --------------
Aug 2024 02-2025 09/21/24 DL-00 0001 August Interest 5,634.34

Annual Budget .00 Remaining Balance 11,757.22 Activity ----> .00 5,634.34 -------------- --------------
Balance August 31, 2024 (02-25) 11,757.22
.................................................................................................................................... 40 5415 03 Fiduciary Fund Finance Srvc Finance
Balance August 1, 2024 (02-25) .00
-------------- --------------
Aug 2024 02-2025 09/11/24 03-00 0003 Vendor RSG01 Invoice 12172H Line 0001 68.75 JULY 2024- SUCCESSOR AGENCY SERVICES-ANNUAL REPORT
RSG, INC.

Hand Check # 002303

Annual Budget -12,376.00 Remaining Balance -12,444.75 Activity ----> 68.75 .00 -------------- --------------
Balance August 31, 2024 (02-25) 68.75
.................................................................................................................................... 40 5777 00 Fiduciary Fund Seaside Settle Non Department Balance August 1, 2024 (02-25) .00
-------------- --------------
Aug 2024 02-2025 09/11/24 03-00 0004 Vendor CIT02 Invoice C40820H Line 0001 182,261.00 JULY 2024- DEBT PAYMENT

CITY OF SEASIDE
Hand Check # 002305
JULY 2024 PAYMENT- DEBT PAYMENT

Annual Budget .00 Remaining Balance -182,261.00 Activity ----> 182,261.00 .00 -------------- --------------
Balance August 31, 2024 (02-25) 182,261.00
.................................................................................................................................... 100

AGENDA ITEM
5F.

Acceptance of City/Successor Agency
Financial Reports from September 2024
101
City of Sand City

STAFF REPORT
TO: Honorable Mayor and City Council/Successor Agency Board Members FROM: Jennifer Pope, Finance Manager
SUBJECT: September 2024 Financial Report
DATE: November 5, 2024
_______________________________________________________________________ BACKGROUND/DISCUSSION:

Attached are the financial reports for the City of Sand City and the Sand City Successor Agency of the former Redevelopment Agency.

A. City of Sand City Reports
a. Cash Register Activity Report, September 2024 (Attachment 1) Revenue total - $1,165,170
b. Cash Disbursement Report, September 2024 (Attachment 2) Expenditure total - $424,582
B. Sand City Successor Agency for the former Redevelopment Agency Reports a. Trial Balance Report, September 2024 (Attachment 3)
i. Revenue total - $4,546
ii. Expenditures total - $751,457
Transfers
Transfers are shown in the Month End Cash Register Activity Report; they are transfers from one bank account to another and should not be considered as a revenue or expenditure.

Date Source Amount Description
There were no transfers in September 2024.

CEQA:

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

FISCAL IMPACT:

There is no fiscal impact with receiving this report.

RECOMMENDATION:

Receive the report.
102
ATTACHMENTS:

1. Sand City Month End Cash Register Activity Report

2. Sand City Month End Cash Disbursement Report

3. Successor Agency Trial Balance Report
103
Period Post Date Receipt Receipt Date Description Debit Acct Credit Acct Amount paid 24-Sep 9/4/2024 29836 9/3/2024 TOT TAX 99 1001 10 4034 00 2,114.81 24-Sep 9/4/2024 29836 9/3/2024 Transient Occupancy Tax Penalties 99 1001 10 4034 00 470.15 24-Sep 9/4/2024 29837 9/3/2024 TOT TAX 99 1001 10 4034 00 1,865.88 24-Sep 9/4/2024 29838 9/3/2024 TOT TAX 99 1001 10 4034 00 333.60 24-Sep 9/4/2024 29839 9/3/2024 TOT TAX 99 1001 10 4034 00 386.16 24-Sep 9/4/2024 29840 9/3/2024 TOT TAX 99 1001 10 4034 00 1,918.80 24-Sep 9/4/2024 29841 9/3/2024 TOT TAX 99 1001 10 4034 00 384.00 24-Sep 9/4/2024 29842 9/3/2024 UTILITY USERS TAX 99 1001 10 4025 00 786.48 24-Sep 9/4/2024 29843 9/3/2024 UTILITY USERS TAX 99 1001 10 4025 00 121.04 24-Sep 9/4/2024 29844 9/3/2024 UTILITY USERS TAX 99 1001 10 4025 00 7.70 24-Sep 9/4/2024 29845 9/3/2024 UTILITY USERS TAX 99 1001 10 4025 00 0.36 24-Sep 9/4/2024 29846 9/3/2024 UTILITY USERS TAX 99 1001 10 4025 00 41.26 24-Sep 9/4/2024 29847 9/3/2024 UTILITY USERS TAX 99 1001 10 4025 00 17,401.29 24-Sep 9/4/2024 29848 9/3/2024 UTILITY USERS TAX 99 1001 10 4025 00 3,304.62 24-Sep 9/4/2024 29849 9/3/2024 WEST END REVENUE 99 1001 10 4500 00 100.00 24-Sep 9/4/2024 29849 9/3/2024 WEST END REVENUE 99 1001 10 4500 00 510.00 24-Sep 9/4/2024 29850 9/3/2024 WEST END REVENUE 99 1001 10 4500 00 150.00 24-Sep 9/4/2024 29851 9/3/2024 WEST END REVENUE 99 1001 10 4500 00 150.00 24-Sep 9/4/2024 29852 9/3/2024 WEST END REVENUE 99 1001 10 4500 00 2,500.00 24-Sep 9/4/2024 29853 9/3/2024 WEST END REVENUE 99 1001 10 4500 00 150.00 24-Sep 9/4/2024 29854 9/3/2024 WEST END REVENUE 99 1001 10 4500 00 150.00 24-Sep 9/4/2024 29855 9/3/2024 SAND CITY PARKING 99 1001 10 4221 08 40.00 24-Sep 9/4/2024 29856 9/3/2024 SAND CITY PARKING 99 1001 10 4221 08 40.00 24-Sep 9/4/2024 29857 9/3/2024 SAND CITY PARKING 99 1001 10 4221 08 40.00 24-Sep 9/4/2024 29858 9/3/2024 SAND CITY PARKING 99 1001 10 4221 08 40.00 24-Sep 9/4/2024 29859 9/3/2024 SAND CITY PARKING 99 1001 10 4221 08 40.00 24-Sep 9/4/2024 29860 9/3/2024 SAND CITY PARKING 99 1001 10 4221 08 60.00 24-Sep 9/4/2024 29861 9/3/2024 SAND CITY PARKING 99 1001 10 4221 08 40.00 24-Sep 9/4/2024 29862 9/3/2024 SAND CITY PARKING 99 1001 10 4221 08 40.00 24-Sep 9/4/2024 29863 9/3/2024 SAND CITY PARKING 99 1001 10 4221 08 40.00 24-Sep 9/4/2024 29864 9/3/2024 SAND CITY PARKING 99 1001 10 4221 08 40.00 24-Sep 9/4/2024 29865 9/3/2024 SAND CITY PARKING 99 1001 10 4221 08 40.00 24-Sep 9/4/2024 29866 9/3/2024 SAND CITY PARKING 99 1001 10 4221 08 40.00 24-Sep 9/4/2024 29868 9/3/2024 SAND CITY PARKING 99 1001 10 4221 08 40.00 24-Sep 9/4/2024 29869 9/3/2024 POLICE REPORT 4560 99 1001 10 4560 08 10.00 24-Sep 9/4/2024 29870 9/3/2024 POLICE REPORT 4560 99 1001 10 4560 08 10.00 24-Sep 9/4/2024 29871 9/3/2024 BUSINESS LICENSE 99 1001 10 4055 00 112,912.65 24-Sep 9/4/2024 29872 9/3/2024 TRANSACTION/USE TAX 99 1001 10 4032 00 435,174.75 24-Sep 9/4/2024 29873 9/3/2024 SALES TAX RECEIVED 99 1001 10 4030 00 372,563.00 24-Sep 9/4/2024 29874 9/3/2024 TRANSACTION/USE TAX 99 1001 10 4032 00 65.16 24-Sep 9/4/2024 29875 9/3/2024 TRANSACTION/USE TAX 99 1001 10 4032 00 1,436.75 24-Sep 9/4/2024 29876 9/3/2024 CABLE FRANCHISE 99 1001 10 4035 00 1,285.90 24-Sep 9/4/2024 29877 9/3/2024 REAP PROJECT 99 1001 10 4608 19 10,838.29 24-Sep 9/4/2024 29878 9/3/2024 CABLE FRANCHISE 99 1001 10 4035 00 259.84 24-Sep 9/4/2024 29879 9/3/2024 RENTAL INCOME 99 1001 10 4740 00 1,699.59 24-Sep 9/4/2024 29880 9/3/2024 ROAD MAINTENANCE & REHAB 99 1001 37 4306 11 908.35 24-Sep 9/4/2024 29881 9/3/2024 POST REIMBURSEMENT 99 1001 10 4335 08 2,649.32 24-Sep 9/4/2024 29882 9/3/2024 POST REIMBURSEMENT 99 1001 10 4335 08 1,138.26 24-Sep 9/5/2024 29883 9/5/2024 ENGINEERING FEES 99 1001 10 4160 11 435.00 24-Sep 9/5/2024 29885 9/5/2024 ENGINEERING FEES 99 1001 10 4160 11 435.00 City of Sand City
Month End Cash Register Activity Report
Reporting Period: 09/24
104
Period Post Date Receipt Receipt Date Description Debit Acct Credit Acct Amount paid City of Sand City
Month End Cash Register Activity Report
Reporting Period: 09/24
24-Sep 9/5/2024 29886 9/5/2024 ENGINEERING FEES 99 1001 10 4160 11 3,000.00 24-Sep 9/5/2024 29887 9/5/2024 SQUARE FEES 99 1001 10 2116 (4.73) 24-Sep 9/6/2024 29888 9/6/2024 SAND CITY PARKING 99 1001 10 4221 08 40.00 24-Sep 9/6/2024 29889 9/6/2024 SAND CITY PARKING 99 1001 10 4221 08 40.00 24-Sep 9/6/2024 29890 9/6/2024 SAND CITY PARKING 99 1001 10 4221 08 40.00 24-Sep 9/6/2024 29891 9/6/2024 SAND CITY PARKING 99 1001 10 4221 08 40.00 24-Sep 9/6/2024 29892 9/6/2024 SAND CITY PARKING 99 1001 10 4221 08 115.00 24-Sep 9/6/2024 29893 9/6/2024 BUSINESS LICENSE 99 1001 10 4055 00 125.00 24-Sep 9/6/2024 29894 9/6/2024 SAND CITY PARKING 99 1001 10 4221 08 40.00 24-Sep 9/6/2024 29895 9/6/2024 SAND CITY PARKING 99 1001 10 4221 08 40.00 24-Sep 9/6/2024 29896 9/6/2024 SAND CITY PARKING 99 1001 10 4221 08 40.00 24-Sep 9/6/2024 29897 9/6/2024 SAND CITY PARKING 99 1001 10 4221 08 40.00 24-Sep 9/6/2024 29898 9/6/2024 SAND CITY PARKING 99 1001 10 4221 08 40.00 24-Sep 9/6/2024 29899 9/6/2024 SAND CITY PARKING 99 1001 10 4221 08 40.00 24-Sep 9/6/2024 29900 9/6/2024 SAND CITY PARKING 99 1001 10 4221 08 40.00 24-Sep 9/6/2024 29901 9/6/2024 SAND CITY PARKING 99 1001 10 4221 08 40.00 24-Sep 9/6/2024 29902 9/6/2024 SAND CITY PARKING 99 1001 10 4221 08 40.00 24-Sep 9/6/2024 29903 9/6/2024 SAND CITY PARKING 99 1001 10 4221 08 40.00 24-Sep 9/6/2024 29904 9/6/2024 SAND CITY PARKING 99 1001 10 4221 08 40.00 24-Sep 9/6/2024 29905 9/6/2024 SAND CITY PARKING 99 1001 10 4221 08 40.00 24-Sep 9/6/2024 29906 9/6/2024 SAND CITY PARKING 99 1001 10 4221 08 40.00 24-Sep 9/6/2024 29907 9/6/2024 SAND CITY PARKING 99 1001 10 4221 08 40.00 24-Sep 9/6/2024 29909 9/6/2024 VEHICLE ABATEMENT/VLF 99 1001 10 4325 08 95.00 24-Sep 9/6/2024 29910 9/6/2024 SQUARE FEES 99 1001 10 2116 (5.51) 24-Sep 9/20/2024 29911 9/19/2024 TOT TAX 99 1001 10 4034 00 1,119.24 24-Sep 9/20/2024 29912 9/19/2024 TOT TAX 99 1001 10 4034 00 342.00 24-Sep 9/20/2024 29913 9/19/2024 TOT TAX 99 1001 10 4034 00 2,591.88 24-Sep 9/20/2024 29914 9/19/2024 TOT TAX 99 1001 10 4034 00 1,737.47 24-Sep 9/20/2024 29915 9/19/2024 TOT TAX 99 1001 10 4034 00 1,038.00 24-Sep 9/20/2024 29916 9/19/2024 TOT TAX 99 1001 10 4034 00 673.80 24-Sep 9/20/2024 29917 9/19/2024 TOT TAX 99 1001 10 4034 00 2,370.36 24-Sep 9/20/2024 29918 9/19/2024 TOT TAX 99 1001 10 4034 00 390.00 24-Sep 9/20/2024 29919 9/19/2024 TOT TAX 99 1001 10 4034 00 394.80 24-Sep 9/20/2024 29920 9/19/2024 TOT TAX 99 1001 10 4034 00 2,526.35 24-Sep 9/20/2024 29921 9/19/2024 UTILITY USERS TAX 99 1001 10 4025 00 0.69 24-Sep 9/20/2024 29922 9/19/2024 UTILITY USERS TAX 99 1001 10 4025 00 166.76 24-Sep 9/20/2024 29923 9/19/2024 UTILITY USERS TAX 99 1001 10 4025 00 104.99 24-Sep 9/20/2024 29924 9/19/2024 COPS GRANT 99 1001 10 4069 08 8,333.37 24-Sep 9/20/2024 29925 9/19/2024 SOUTH OF TIOGA REIMBURSEMENTS 99 1001 10 4530 00 2,863.75 24-Sep 9/20/2024 29926 9/19/2024 GAS TAX 2103 99 1001 31 4305 11 423.90 24-Sep 9/20/2024 29926 9/19/2024 GAS TAX - 2105 31 99 1001 31 4305 11 201.06 24-Sep 9/20/2024 29926 9/19/2024 GAS TAX - 2106 32 99 1001 31 4305 11 486.75 24-Sep 9/20/2024 29926 9/19/2024 GAS TAX - 2107 33 99 1001 31 4305 11 230.74 24-Sep 9/20/2024 29927 9/19/2024 US BANK CAL CARD REBATE 99 1001 10 4736 00 504.65 24-Sep 9/20/2024 29928 9/19/2024 CRIMINAL PC1463/CITY FINES 99 1001 10 4210 08 125.46 24-Sep 9/20/2024 29928 9/19/2024 COUNTY/PROOF OF CORR 99 1001 35 4205 11 0.54 24-Sep 9/20/2024 29928 9/19/2024 1/2 TAX POLICE/PROP 172 99 1001 10 4330 08 34.63 24-Sep 9/20/2024 29928 9/19/2024 COUNTY/REV & RECOVERY 99 1001 10 4210 08 172.23 24-Sep 9/20/2024 29929 9/19/2024 SAND CITY PARKING 99 1001 10 4221 08 40.00 24-Sep 9/20/2024 29930 9/19/2024 SAND CITY PARKING 99 1001 10 4221 08 40.00 105
Period Post Date Receipt Receipt Date Description Debit Acct Credit Acct Amount paid City of Sand City
Month End Cash Register Activity Report
Reporting Period: 09/24
24-Sep 9/20/2024 29931 9/19/2024 SAND CITY PARKING 99 1001 10 4221 08 40.00 24-Sep 9/20/2024 29932 9/19/2024 SAND CITY PARKING 99 1001 10 4221 08 40.00 24-Sep 9/20/2024 29933 9/19/2024 SAND CITY PARKING 99 1001 10 4221 08 100.00 24-Sep 9/20/2024 29934 9/19/2024 SAND CITY PARKING 99 1001 10 4221 08 40.00 24-Sep 9/20/2024 29936 9/19/2024 SAND CITY PARKING 99 1001 10 4221 08 40.00 24-Sep 9/20/2024 29937 9/19/2024 MST SURF REIMBURSEMENT 99 1001 10 4529 00 22,948.75 24-Sep 9/20/2024 29938 9/19/2024 UTILITY USERS TAX 99 1001 10 4025 00 8.00 24-Sep 9/20/2024 29939 9/19/2024 TAMC MEASURE X FOR STREETS 99 1001 38 4302 11 135,786.78 Total Cash Register Activity 1,165,169.72
106
Period Check Number Check Date Vendor # (Name) Gross Amount Net Amount Check Description 24-Sep 39740 9/9/2024 COA07 (MONTEREY COUNTY WEEKLY) $ 3,474.00 $ 3,474.00 Automatic Generated Check 39741 9/9/2024 FAS01 (FASHION STREAKS) $ 388.71 $ 388.71 Automatic Generated Check 39742 9/9/2024 GOL01 (GOLDEN STATE PORTABLES) $ 4,580.15 $ 4,580.15 Automatic Generated Check 39743 9/9/2024 MIN01 (TONI MINERVA) $ 419.12 $ 419.12 Automatic Generated Check 39744 9/9/2024 RIG01 (JOHN BREARTON) $ 2,628.75 $ 2,628.75 Automatic Generated Check 39745 9/9/2024 SLV01 (STEPHEN L. VAGNINI) $ 200.00 $ 200.00 Automatic Generated Check 39746 9/9/2024 STA02 (KATY BAZURTO) $ 2,600.00 $ 2,600.00 Automatic Generated Check 39747 9/9/2024 USB01 (U.S. BANK CORP PAYMENT SYSTEMS) $ 4,586.32 $ 4,586.32 Automatic Generated Check 39748 9/11/2024 ELS01 (ELS ARCHITECTURE AND URBAN DESIGN) $ 17,997.50 $ 17,997.50 Automatic Generated Check 39749 9/11/2024 EMC02 (EMC PLANNING GROUP, INC.) $ 69,259.97 $ 69,259.97 Automatic Generated Check 39750 9/13/2024 ALA04 (ALHAMBRA) $ 121.86 $ 121.86 Automatic Generated Check 39751 9/13/2024 AME10 (VESTIS) $ 705.91 $ 705.91 Automatic Generated Check 39752 9/13/2024 ATT05 (AT&T MOBILITY) $ 926.93 $ 926.93 Automatic Generated Check 39753 9/13/2024 BAR01 (FOSTER & FOSTER, INC.) $ 2,100.00 $ 2,100.00 Automatic Generated Check 39754 9/13/2024 BUS05 (JEFF BUSHNELL) $ 209.06 $ 209.06 Automatic Generated Check 39755 9/13/2024 CAL01 (CAL-AM WATER) $ 886.99 $ 886.99 Automatic Generated Check 39756 9/13/2024 CAM03 (TALKING WALLS) $ 20,000.00 $ 20,000.00 Automatic Generated Check 39757 9/13/2024 COA07 (MONTEREY COUNTY WEEKLY) $ 2,304.75 $ 2,304.75 Automatic Generated Check 39758 9/13/2024 COM11 (COMCAST) $ 361.80 $ 361.80 Automatic Generated Check 39759 9/13/2024 COR04 (CORODATA SHREDDING, INC.) $ 61.75 $ 61.75 Automatic Generated Check 39760 9/13/2024 COR05 (CORODATA RECORDS MANAGEMENT) $ 56.45 $ 56.45 Automatic Generated Check 39761 9/13/2024 CYP04 (CYPRESS COAST FORD) $ 179.29 $ 179.29 Automatic Generated Check 39762 9/13/2024 DJO01 (SANDBOX) $ 100.00 $ 100.00 Automatic Generated Check 39763 9/13/2024 EMC02 (EMC PLANNING GROUP, INC.) $ 175,893.69 $ 175,893.69 Automatic Generated Check 39764 9/13/2024 FIR03 (FIRST ALARM SECURITY) $ 1,246.20 $ 1,246.20 Automatic Generated Check 39765 9/13/2024 GAT02 (HOPE SERVICES) $ 6,483.75 $ 6,483.75 Automatic Generated Check 39766 9/13/2024 HDL02 (HDL COMPANIES) $ 684.00 $ 684.00 Automatic Generated Check 39767 9/13/2024 HDL03 (HINDERLITER, DE LLAMAS & ASSOC) $ 2,198.12 $ 2,198.12 Automatic Generated Check 39768 9/13/2024 HOM01 (HOME DEPOT CREDIT SERVICE) $ 3,249.16 $ 3,249.16 Automatic Generated Check 39769 9/13/2024 LCW01 (LIEBERT CASSIDY WHITMORE) $ 132.00 $ 132.00 Automatic Generated Check 39770 9/13/2024 LIN01 (LINGO ) $ 139.88 $ 139.88 Automatic Generated Check 39771 9/13/2024 MBP03 (MONTEREY BAY PEST CONTROL) $ 130.00 $ 130.00 Automatic Generated Check 39772 9/13/2024 MBT01 (MONTEREY BAY TECHNOLOGIES, INC.) $ 2,907.56 $ 2,907.56 Automatic Generated Check 39773 9/13/2024 MCH05 (MONTEREY COUNTY HEALTH) $ 2,000.00 $ 2,000.00 Automatic Generated Check 39774 9/13/2024 MEY01 (MEYERS NAVE, CORPORATION) $ 25,285.52 $ 25,285.52 Automatic Generated Check 39775 9/13/2024 MON10 (COUNTY OF MONTEREY) $ 14,684.00 $ 14,684.00 Automatic Generated Check 39776 9/13/2024 MOT03 (MOTOROLA SOLUTIONS, INC.) $ 8,200.70 $ 8,200.70 Automatic Generated Check 39777 9/13/2024 MRW02 (MRWMD ) $ 509.74 $ 509.74 Automatic Generated Check 39778 9/13/2024 OFF03 (ODP BUSINESS SOLUTIONS) $ 108.96 $ 108.96 Automatic Generated Check 39779 9/13/2024 PBC01 (PITNEY BOWES) $ 581.43 $ 581.43 Automatic Generated Check 39780 9/13/2024 PET01 (PETTY CASH-CASHED BY SHAN NORTON) $ 239.83 $ 239.83 Automatic Generated Check 39781 9/13/2024 PGE01 (PACIFIC GAS & ELECTRIC) $ 3,798.24 $ 3,798.24 Automatic Generated Check 39782 9/13/2024 SAL06 (SALINAS AUTO CENTER) $ 500.00 $ 500.00 Automatic Generated Check 39783 9/13/2024 SHA03 (SHAMROCK OFFICE SOLUTIONS) $ 181.95 $ 181.95 Automatic Generated Check 39784 9/13/2024 SOF02 (ELIZABETH A. SOFER) $ 23.18 $ 23.18 Automatic Generated Check 39785 9/13/2024 STA03 (STAR SANITATION, LLC) $ 813.00 $ 813.00 Automatic Generated Check 39786 9/13/2024 STU02 (STURDY OIL COMPANY) $ 1,326.30 $ 1,326.30 Automatic Generated Check 39787 9/13/2024 VER02 (VERITONE, INC.) $ 2,400.00 $ 2,400.00 Automatic Generated Check 39788 9/13/2024 WEE02 (BOB WEEMS) $ 291.89 $ 291.89 Automatic Generated Check 39789 9/13/2024 WHI02 (WHITSON ENGINEERS) $ 1,300.00 $ 1,300.00 Automatic Generated Check 39791 9/26/2024 CYP04 (CYPRESS COAST FORD) $ 213.84 $ 213.84 Automatic Generated Check 39792 9/26/2024 GHD01 (GHD INC.) $ 15,416.58 $ 15,416.58 Automatic Generated Check 39793 9/26/2024 DEP01 (DEPT. OF CONSERVATION) $ 241.50 $ 241.50 Automatic Generated Check 39794 9/26/2024 EMC02 (EMC PLANNING GROUP, INC.) $ 463.89 $ 463.89 Automatic Generated Check 39795 9/26/2024 ESC01 (LAWRENCE ESCOBAR) $ 5,813.00 $ 5,813.00 Automatic Generated Check 39796 9/26/2024 GHD01 (GHD INC.) $ 1,471.25 $ 1,471.25 Automatic Generated Check 39797 9/26/2024 MBA01 (MONTEREY BAY AREA SELF INS.) $ 10,906.61 $ 10,906.61 Automatic Generated Check 39798 9/26/2024 PUB01 (PUBLIC STORAGE) $ 597.00 $ 597.00 Automatic Generated Check Total Cash Disbursement $ 424,582.08 $ 424,582.08
City of Sand City
Month End Cash Disbursement Report
Period Report: 09/24
107
Report Date: 10/21/24 SUCCESSOR AGENCY Page.: 1
Run Date...: 10/21/24 20:08 G/L Trial Balance - Detail in the Order of FUND ID # GLTB Run by.....: Devon Lazzarino For All Accounts CTL.: SUC Beginning of.: September 1, 2024 (03-25) Thru Ending of.: September 30, 2024 (03-25) G/L Account No
Ctr Cal. Fiscl Date Jrnl Line Description Debit Credit
--- ------ ----- -------- ----- ---- -------------------------------------------------- -------------- -------------- -------------- 40 1005 Fiduciary Fund Tax Increment Account
Balance September 1, 2024 (03-25) 1,283,527.58
-------------- --------------
Sep 2024 03-2025 10/21/24 DL-00 0001 September AP Checks 711,327.13 Sep 2024 03-2025 10/21/24 DL-00 0002 September AP Checks 40,129.50 Sep 2024 03-2025 10/21/24 DL-02 0002 September 2024 Interest 4,546.19

** Budget not Applicable ** Activity ----> 4,546.19 751,456.63 -------------- --------------
Balance September 30, 2024 (03-25) 536,617.14
.................................................................................................................................... 40 1025 Fiduciary Fund 2008 TAX EXEMPT CD#69981148831
Balance September 1, 2024 (03-25) 535,050.30
-------------- --------------

** Budget not Applicable ** Activity ----> .00 .00
-------------- --------------
Balance September 30, 2024 (03-25) 535,050.30
.................................................................................................................................... 40 1026 Fiduciary Fund 2008 TAX EXEMPT CD#53567157891
Balance September 1, 2024 (03-25) 540,471.43
-------------- --------------

** Budget not Applicable ** Activity ----> .00 .00
-------------- --------------
Balance September 30, 2024 (03-25) 540,471.43
.................................................................................................................................... 40 1070 Fiduciary Fund 2008B RESERVE ACCOUNT
Balance September 1, 2024 (03-25) 216,039.34
-------------- --------------

** Budget not Applicable ** Activity ----> .00 .00
-------------- --------------
Balance September 30, 2024 (03-25) 216,039.34
.................................................................................................................................... 40 1072 Fiduciary Fund 2008B Debt Service Fund
Balance September 1, 2024 (03-25) 1,511.78
-------------- --------------

** Budget not Applicable ** Activity ----> .00 .00
-------------- --------------
Balance September 30, 2024 (03-25) 1,511.78
.................................................................................................................................... 108
Report Date: 10/21/24 SUCCESSOR AGENCY Page.: 2
Run Date...: 10/21/24 20:08 G/L Trial Balance - Detail in the Order of FUND ID # GLTB Run by.....: Devon Lazzarino For All Accounts CTL.: SUC Beginning of.: September 1, 2024 (03-25) Thru Ending of.: September 30, 2024 (03-25) G/L Account No
Ctr Cal. Fiscl Date Jrnl Line Description Debit Credit
--- ------ ----- -------- ----- ---- -------------------------------------------------- -------------- -------------- -------------- 40 1085 Fiduciary Fund 2017 Debt Service Fund
Balance September 1, 2024 (03-25) 3.99
-------------- --------------

** Budget not Applicable ** Activity ----> .00 .00
-------------- --------------
Balance September 30, 2024 (03-25) 3.99
.................................................................................................................................... 40 1291 Fiduciary Fund Land
Balance September 1, 2024 (03-25) 1,100,000.26
-------------- --------------

** Budget not Applicable ** Activity ----> .00 .00
-------------- --------------
Balance September 30, 2024 (03-25) 1,100,000.26
.................................................................................................................................... 40 1293 Fiduciary Fund FURNITURE AND FIXTURES
Balance September 1, 2024 (03-25) 40,218.25
-------------- --------------

** Budget not Applicable ** Activity ----> .00 .00
-------------- --------------
Balance September 30, 2024 (03-25) 40,218.25
.................................................................................................................................... 40 1297 Fiduciary Fund SIGNS AND LANDSCAPING
Balance September 1, 2024 (03-25) 182,630.99
-------------- --------------

** Budget not Applicable ** Activity ----> .00 .00
-------------- --------------
Balance September 30, 2024 (03-25) 182,630.99
.................................................................................................................................... 40 1300 Fiduciary Fund ACCUMULATED DEPRECIATION
Balance September 1, 2024 (03-25) 222,849.24
-------------- --------------

** Budget not Applicable ** Activity ----> .00 .00
-------------- --------------
Balance September 30, 2024 (03-25) 222,849.24
.................................................................................................................................... 109
Report Date: 10/21/24 SUCCESSOR AGENCY Page.: 3
Run Date...: 10/21/24 20:08 G/L Trial Balance - Detail in the Order of FUND ID # GLTB Run by.....: Devon Lazzarino For All Accounts CTL.: SUC Beginning of.: September 1, 2024 (03-25) Thru Ending of.: September 30, 2024 (03-25) G/L Account No
Ctr Cal. Fiscl Date Jrnl Line Description Debit Credit
--- ------ ----- -------- ----- ---- -------------------------------------------------- -------------- -------------- -------------- 40 2001 Fiduciary Fund Accounts Payable
Balance September 1, 2024 (03-25) .00
-------------- --------------

** Budget not Applicable ** Activity ----> .00 .00
-------------- --------------
Balance September 30, 2024 (03-25) .00
.................................................................................................................................... 40 2045 Fiduciary Fund REFUNDABLE FEES
Balance September 1, 2024 (03-25) 1,455,000.00
-------------- --------------

** Budget not Applicable ** Activity ----> .00 .00
-------------- --------------
Balance September 30, 2024 (03-25) 1,455,000.00
.................................................................................................................................... 40 2050 Fiduciary Fund Deferred Revenue
Balance September 1, 2024 (03-25) 575,959.00
-------------- --------------

** Budget not Applicable ** Activity ----> .00 .00
-------------- --------------
Balance September 30, 2024 (03-25) 575,959.00
.................................................................................................................................... 40 2055 Fiduciary Fund Due to General Fund
Balance September 1, 2024 (03-25) 127,330.33
-------------- --------------

** Budget not Applicable ** Activity ----> .00 .00
-------------- --------------
Balance September 30, 2024 (03-25) 127,330.33
.................................................................................................................................... 40 2330 Fiduciary Fund GENERAL LT- ADVANCE COSTC0/SEA
Balance September 1, 2024 (03-25) 4,650,000.00
-------------- --------------

** Budget not Applicable ** Activity ----> .00 .00
-------------- --------------
Balance September 30, 2024 (03-25) 4,650,000.00
.................................................................................................................................... 110
Report Date: 10/21/24 SUCCESSOR AGENCY Page.: 4
Run Date...: 10/21/24 20:08 G/L Trial Balance - Detail in the Order of FUND ID # GLTB Run by.....: Devon Lazzarino For All Accounts CTL.: SUC Beginning of.: September 1, 2024 (03-25) Thru Ending of.: September 30, 2024 (03-25) G/L Account No
Ctr Cal. Fiscl Date Jrnl Line Description Debit Credit
--- ------ ----- -------- ----- ---- -------------------------------------------------- -------------- -------------- -------------- 40 2455 Fiduciary Fund LT ADVANCES FOR OPERAT EXPENSE
Balance September 1, 2024 (03-25) 3,626,057.91
-------------- --------------

** Budget not Applicable ** Activity ----> .00 .00
-------------- --------------
Balance September 30, 2024 (03-25) 3,626,057.91
.................................................................................................................................... 40 2460 Fiduciary Fund ADVANCES COP REIMBURSEMENTS
Balance September 1, 2024 (03-25) 1,454,766.42
-------------- --------------

** Budget not Applicable ** Activity ----> .00 .00
-------------- --------------
Balance September 30, 2024 (03-25) 1,454,766.42
.................................................................................................................................... 40 2485 Fiduciary Fund SERIES B BONDS
Balance September 1, 2024 (03-25) 210,000.00
-------------- --------------

** Budget not Applicable ** Activity ----> .00 .00
-------------- --------------
Balance September 30, 2024 (03-25) 210,000.00
.................................................................................................................................... 40 2490 Fiduciary Fund Refunding Bonds, Series 2017
Balance September 1, 2024 (03-25) 2,210,000.00
-------------- --------------
Sep 2024 03-2025 10/21/24 DL-00 0004 September AP Checks 680,000.00

** Budget not Applicable ** Activity ----> 680,000.00 .00 -------------- --------------
Balance September 30, 2024 (03-25) 1,530,000.00
.................................................................................................................................... 40 3400 Fiduciary Fund Unappropriated Fund Balance
Balance September 1, 2024 (03-25) 10,461,936.45
-------------- --------------

** Budget not Applicable ** Activity ----> .00 .00
-------------- --------------
Balance September 30, 2024 (03-25) 10,461,936.45
.................................................................................................................................... 111
Report Date: 10/21/24 SUCCESSOR AGENCY Page.: 5
Run Date...: 10/21/24 20:08 G/L Trial Balance - Detail in the Order of FUND ID # GLTB Run by.....: Devon Lazzarino For All Accounts CTL.: SUC Beginning of.: September 1, 2024 (03-25) Thru Ending of.: September 30, 2024 (03-25) G/L Account No
Ctr Cal. Fiscl Date Jrnl Line Description Debit Credit
--- ------ ----- -------- ----- ---- -------------------------------------------------- -------------- -------------- -------------- 40 4450 Fiduciary Fund TAX INCR INTER
Balance September 1, 2024 (03-25) 11,757.22
-------------- --------------
Sep 2024 03-2025 10/21/24 DL-02 0001 September 2024 Interest 4,546.19

Annual Budget .00 Remaining Balance 16,303.41 Activity ----> .00 4,546.19 -------------- --------------
Balance September 30, 2024 (03-25) 16,303.41
.................................................................................................................................... 40 5415 03 Fiduciary Fund Finance Srvc Finance
Balance September 1, 2024 (03-25) 68.75
-------------- --------------

Annual Budget -12,376.00 Remaining Balance -12,444.75 Activity ----> .00 .00 -------------- --------------
Balance September 30, 2024 (03-25) 68.75
.................................................................................................................................... 40 5545 04 Fiduciary Fund OUTSIDE COUNSEL Attorney
Balance September 1, 2024 (03-25) .00
-------------- --------------
Sep 2024 03-2025 10/21/24 DL-00 0003 September AP Checks 40,129.50

Annual Budget .00 Remaining Balance -40,129.50 Activity ----> 40,129.50 .00 -------------- --------------
Balance September 30, 2024 (03-25) 40,129.50
.................................................................................................................................... 40 5777 00 Fiduciary Fund Seaside Settle Non Department Balance September 1, 2024 (03-25) 182,261.00
-------------- --------------

Annual Budget .00 Remaining Balance -182,261.00 Activity ----> .00 .00 -------------- --------------
Balance September 30, 2024 (03-25) 182,261.00
.................................................................................................................................... 40 6571 Fiduciary Fund 2017A Interest
Balance September 1, 2024 (03-25) .00
-------------- --------------
112
Report Date: 10/21/24 SUCCESSOR AGENCY Page.: 6
Run Date...: 10/21/24 20:08 G/L Trial Balance - Detail in the Order of FUND ID # GLTB Run by.....: Devon Lazzarino For All Accounts CTL.: SUC Beginning of.: September 1, 2024 (03-25) Thru Ending of.: September 30, 2024 (03-25) G/L Account No
Ctr Cal. Fiscl Date Jrnl Line Description Debit Credit
--- ------ ----- -------- ----- ---- -------------------------------------------------- -------------- -------------- -------------- 40 6571 Fiduciary Fund 2017A Interest (Continues..)
Sep 2024 03-2025 10/21/24 DL-00 0005 September AP Checks 31,492.50 Sep 2024 03-2025 10/21/24 DL-00 0006 September AP Checks 165.37

Annual Budget 15,995.00 Remaining Balance -15,332.13 Activity ----> 31,492.50 165.37 -------------- --------------
Balance September 30, 2024 (03-25) 31,327.13
.................................................................................................................................... 113

AGENDA ITEM
7A.

South of Tioga Hotel Project Update: Tom
Jacobson, EKN Development
114

AGENDA ITEM
9A.

Approve a Resolution Approving a
Professional Service Agreement with TL
Engineering in the Amount of $18,347 to
Perform an Engineering and Traffic Survey
(E&TS) Analysis Related Services for the
City of Sand City
115
City of Sand City

STAFF REPORT
TO: Honorable Mayor and City Council
FROM: Leon D. Gomez, P.E., City Engineer
SUBJECT: Adopt a resolution approving a Professional Services Agreement with TL Engineering in the amount of $18,347 to perform an updated Engineering and Traffic Survey (E&TS) for the City of Sand City
DATE: November 5, 2024
_______________________________________________________________________ BACKGROUND/DISCUSSION:

Speed limits establish a reasonable and safe operating speed for a specific section of roadway. In California, speed limits are governed by the California Vehicle Code (CVC), Section 627, 22348 through 22413 and 40802. In compliance with State laws and the CVC, vehicle speed laws can only be enforced when speed limits of a roadway are determined by an Engineering and Traffic Survey (E&TS). An E&TS is an engineering study of the prevailing speeds and traffic conditions along a roadway, and it is completed every five years for streets greater than 40’ in width, regardless of the street’s classification. An E&TS can remain valid for a period of 10 years if a registered engineer determines no significant changes in roadway or traffic conditions have occurred. Local streets have a prima facie speed limit of 25 mph unless a different speed limit is determined by an engineering study. In Sand City, the city engineer did not make a determination to extend the survey in 2020 because he was unaware of the expiration date of the 2015 E&TS, which had been requested by the police department. As a result, the 2015 E&TS expired in 2020.

The most widely accepted method of determining the posted speed limit is to set the speed limit at the “85th percentile speed”, which is the speed at or below which 85 percent of the traffic is moving. The 85th percentile speed is the single most influential indicator of what is safe and reasonable, and it is used to determine the speed limit by rounding to the nearest 5 mph increment and then posting the speed limit at that speed. If there are conditions not readily apparent to the driver, as determined by a registered engineer, the posted speed limit may be lowered by 5 mph, but this must be clearly documented in the E&TS.

In 2015, the City contracted with Hatch Mott MacDonald (HMM) to perform a speed survey at 11 roadway segments within the City. The survey was conducted in accordance with the CVC and California Manual on Uniform Traffic Control Devices (CA MUTCD) to allow radar enforcement by the City’s Police Department. However, the 2015 speed survey has expired and speed limits are no longer enforceable within the City. A new E&TS is needed to establish new, updated speed limits within the City that are enforceable.
116
Review & Analysis
The City contacted TL Engineering (TLE) to provide a proposal and fee to perform an updated E&TS analysis. TLE is a professional traffic engineering consultant, and they have prepared a number of E&TS for other local agencies in the area. TLE has the engineering and technical expertise to provide this service. TLE’s scope of work includes the following:
 The E&TS will be consistent with State requirements.
 TLE will hire National Data Services (NDS), a data collection company, to perform field data collection.
 TLE’s scope of work includes survey and volume locations at eight (8) roadway segments throughout the City. Most of the segments will only require data collection at one location, while one segment will require three points of data collection. Below is a list of the locations and the number of data collection points:

1. Contra Costa Street: 1 location (between Shasta St & Elder Ave)

2. California Avene: 3 locations (west of Hickory Street, between Shake Ave & Tioga Ave, and between Playa Ave and Hwy 1)

3. Sand Dunes Drive: 1 location (midway between Tioga Ave and the City Limits to the south)

4. Tioga Avenue: 1 location (between Sand Dunes Dr & Metz Road)

5. Metz Road: 1 location (between Tioga Ave & Playa Ave)

6. Catalina Street: 1 location (between Orange Ave and Shasta St)

7. Playa Avenue: 1 location (between Metz Road & California Ave)

8. Redwood Avenue: 1 location (between Hickory Street & Holly Street) Note: the roadway segments and data collection locations were determined in consultation with the Chief of Police and City Engineer  To assess safety, TLE will obtain collision data from the Statewide Integrated Traffic Records System (SWITRS) and the California Highway Patrol.  To calculate average accident rates, average daily traffic volumes will be collected. 24-hour traffic counts will be collected on all road segments identified above.
 As an optional task, TLE has included the preparation of a sign plan. This optional task includes a site visit to evaluate existing signage to determine if the type, size, and locations meet current CA MUTCD requirements. Based on the site visit, TLE will provide recommendations for whether existing signs meet current requirements, need to be replaced, need to be relocated, and/or whether new signs are needed. Depending on the quantity, type and location of signs and poles that may be required, signs will be installed by the City’s Public Works Department (or) a contract installer.

TLE’s proposal is attached as Exhibit A to the Resolution. The cost for the E&TS is $14,387 (base scope of work). The cost for the optional sign plan is $3,960. The cost for both is $18,347.
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CEQA:

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

FISCAL IMPACT:

The cost for the E&TS and optional sign plan is $18,347. Approval of this item would require an adjustment during the mid-year budget amendment.

RECOMMENDATION:

To establish enforceable speed limits within the City, it is recommended that the city council approve a Professional Services Agreement with TL Engineering in the amount of $18,347 to perform an updated Engineering and Traffic Survey (E&TS) and prepare a Sign Plan for the City of Sand City.

ATTACHMENTS:

1. Resolution
118

CITY OF SAND CITY
RESOLUTION SC ____, 2024

RESOLUTION OF THE CITY COUNCIL OF SAND CITY APPROVING A

PROFESSIONAL SERVICE AGREEMENT WITH TL ENGINEERING IN THE AMOUNT OF $18,347 TO PERFORM AN ENGINEERING AND TRAFFIC SURVEY (E&TS) ANALYSIS AND RELATED SERVICES FOR THE CITY OF SAND CITY WHEREAS, in September 2015, the City of Sand City (City) performed an Engineering and Traffic Survey (E&TS) analysis to establish speed limits for the street network for a period of five years to 2020; and
WHEREAS, speed limits establish a reasonable and safe operating speed for a specific section of roadway and are governed by the California Vehicle Code (CVC); and WHEREAS, vehicle speed laws can only be enforced when the speed limits of a roadway are determined by an Engineering and Traffic Survey (E&TS); and WHEREAS, the City contacted TL Engineering (TLE), a professional traffic engineering consultant, to provide a proposal and fee to perform an E&TS analysis and related services for the City; and
WHEREAS, TLE has prepared a number of E&TS for other local agencies in the area, and they have the engineering and technical expertise to provide this service; and WHEREAS, TLE has submitted a proposal to perform an E&TS and to prepare a Sign Plan to ensure that speed limit signs meet current regulatory requirements in the amount of $18,347, attached as Exhibit A to this Resolution; and WHEREAS, TLE’s scope of work includes survey and volume locations at eight (8) roadway segments throughout the City, all of which were determined in consultation with the Chief of Police and City Engineer; and
WHEREAS, a new, updated E&TS is necessary in order to establish enforceable speed limits within the City.

NOW THEREFORE, BE IT HEREBY RESOLVED, that the City Council of Sand City does hereby authorize the following:

1. The City Manager is authorized to execute a Professional Service Agreement in substantially the same form as shown in Exhibit B, subject to review and approval of the City Attorney, with TL Engineering in the amount of $18,347, to perform an Engineering and Traffic Survey analysis and related services for the City of Sand City.
119
PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Sand City, this 5th day of November 2024 by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
___________________________
Mary Ann Carbone, Mayor
ATTEST:

DATED: ____________________
___________________________
Kerry Lindstrom, City Clerk
120

CITY OF SAND CITY

PROFESSIONAL SERVICE AGREEMENT FOR NON-CONSTRUCTION PROJECT This Agreement made this ____________ day of November, 2024 (the “Effective Date”), by and between the CITY OF SAND CITY, a municipal corporation, hereinafter referred to as “CITY”, and TL Engineering, a California Corporation, hereinafter referred to as “CONSULTANT” (together referred to the “Parties”).

In consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:

I. TERM
The term of the Agreement will begin on the Effective Date of this Agreement and shall end upon completion of the Scope of Services described herein, unless sooner terminated pursuant to the provisions of this Agreement. The Agreement may be reviewed and modified upon concurrence of both parties. No modification to the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto.

In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, this Agreement shall prevail.

IV. TIME
CONSULTANT shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of RESOLUTION ATTACHMENT 1
Resolution SC 24- (2024)
121
performance provided in section III (Performance) and to satisfy CONSULTANT’S obligations hereunder.

VI. PAYMENT
A. The CITY agrees to pay CONSULTANT monthly for services performed and reimbursable costs, in accordance with the proposal set forth in Exhibit A, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks.

This amount shall not exceed eighteen thousand, three hundred and fortyseven dollars ($18,347.00) for the total term of the Agreement unless additional payment is approved as provided in this Agreement. Except as specifically authorized by CITY in writing, CONSULTANT shall not bill CITY for duplicative services performed by more than one person. Fees for work performed by CONSULTANT on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit A. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.

B. CONSULTANT shall not be compensated for any services rendered in connection with its performance of this AGREEMENT which are in addition to those set forth herein, unless such additional services are authorized in advance and in writing by the City Manager. CONSULTANT shall be compensated for any additional services in the amounts and in the manner as agreed to by City Manager and CONSULTANT at the time CITY's written authorization is given to CONSULTANT for the performance of said services. The City Manager may approve additional work not to exceed ten percent (10%) of the amount of the AGREEMENT, or one thousand eight hundred and thirty-four dollars ($1,834.00) unless otherwise specified in the AGREEMENT. Any additional work in excess of this amount shall be approved by the City Council of Sand City.

C. CONSULTANT will submit invoices monthly for actual services performed.

Invoices shall be submitted on or about the first business day of each month, or as soon thereafter as practical, for services provided in the previous month. Invoices shall include a task summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement. For each work item 122
and task, a copy of the applicable time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the CITY disputes any of CONSULTANT's fees it shall give written notice to CONSULTANT within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this AGREEMENT shall be made within forty-five (45) days of receipt of an invoice. In no event shall CONSULTANT submit an invoice for an amount in excess of the maximum amount of compensation provided above for either a task or the entire Agreement, unless the Agreement is properly modified in writing prior to the submission of such an invoice.

B. CONSULTANT may cancel this Agreement upon 30 days written notice to CITY and shall include in such notice the reasons for cancellation.

D. The parties may amend this Agreement only by a writing signed by all the parties.

F. If CONSULTANT materially breaches any of the terms of this Agreement, CITY’s remedies shall include, but not be limited to, the following:
a. Immediately terminate the Agreement
123
b. Retain all Documents and other work product prepared by CONSULTANT pursuant to this Agreement
c. Retain a different consultant to complete the work described in a given task order not finished by Consultant; and/or
VIII. OWNERSHIP OF DOCUMENTS
A. CONSULTANT shall maintain complete and accurate records with respect to sales, costs, expenses, receipts, and other such information required by CITY that relate to the performance of services under this AGREEMENT.

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IX. INDEMNIFICATION AND DEFENSE
A. Indemnity
To the fullest extent permitted by law, CONSULTANT shall indemnify and hold harmless CITY and any and all of its officials, employees, contractors and agents (“Indemnified Parties”) from and against any and all claims, losses, liabilities, damages, costs and expenses, including legal counsel’s fees and costs, caused in whole or in part by the negligent, reckless or wrongful act, error or omission of CONSULTANT, its officers, agents, employees or subconsultants (or any agency or individual that CONSULTANT shall bear the legal liability thereof) in the performance of services under this AGREEMENT. CONSULTANT’s duty to indemnify and hold harmless CITY shall not extend to the CITY’s sole or active negligence. This indemnification obligation is not limited by any limitation on the amount or type of damages available under any applicable insurance coverage and shall survive the expiration or termination of this Agreement with respect to any liability arising during the term of the Agreement. With respect to third party claims against the CONSULTANT, CONSULTANT waives any and all rights of any type to express or implied indemnity against the Indemnified Parties.

C. California Civil Code Section 2782.8
Notwithstanding the foregoing, to the extent that the CONSULTANT’s services are subject to California Civil Code Section 2782.8, the above indemnity, including the cost to defend, shall be limited to the extent required by California Civil Code Section 2782.8.
125
X. INSURANCE
CONSULTANT shall maintain prior to the beginning of and for the duration of this AGREEMENT insurance coverage as specified in Exhibit C attached to and part of this AGREEMENT.

XIII. UNDUE INFLUENCE/CONFLICT OF INTEREST
CONSULTANT declares and warrants that no undue influence or pressure was used against or in concert with any officer or employee of the CITY in connection with the award, terms or implementation of this AGREEMENT, including any method of coercion, confidential financial arrangement, or financial inducement. 126
No officer or employee of the CITY has or will receive compensation, directly or indirectly, from CONSULTANT, or from any officer, employee or agent of CONSULTANT, in connection with the award of this AGREEMENT or any work to be conducted as a result of this AGREEMENT. Violation of this Section shall be a material breach of this AGREEMENT entitling the CITY to any and all remedies at law or in equity. CONSULTANT may not serve other clients whose activities within the corporate limits of CITY or whose business regardless of location would place CONSULTANT in a “conflict of interest” as that term is defined in the Political Reform Act, California Government Code section 81000 et seq.

B. CONSULTANT shall promptly notify CITY should CONSULTANT, its officers, employees, agents, or subconsultants be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions, or other discovery request (“Discovery”), court order, or subpoena from any person or party regarding this AGREEMENT and the work performed there under or with respect to any project or property located within the CITY, unless the CITY is a party to any lawsuit, arbitration, or administrative proceeding connected to such Discovery, or unless CONSULTANT is prohibited by law from informing the CITY of such Discovery. CITY retains the right, but has no obligation, to represent CONSULTANT and/or be present at any deposition, hearing, or similar proceeding as allowed by law. Unless CITY is a party to the lawsuit, arbitration, or administrative proceeding and is 127
averse to CONSULTANT in such proceeding, CONSULTANT agrees to cooperate fully with CITY and to provide the opportunity to review any response to discovery requests provided by CONSULTANT. However, CITY's right to review any such response does not imply or mean the right by CITY to control, direct, or rewrite said response.

To CITY: City of Sand City
1 Pendergrass Way
Sand City, CA 93955
Attention: Vibeke Norgaard, City Manager
To CONSULTANT: TL Engineering
314 Colville Drive
San Jose, CA 95123
Attention: Leo Trujillo, PE, TE
XVII. ASSIGNMENT
The CONSULTANT shall not assign the performance of this AGREEMENT, nor any part thereof, nor any monies due hereunder, without prior written consent of the CITY. Because of the personal nature of the services to be rendered pursuant to this AGREEMENT, only CONSULTANT shall perform the services described in this AGREEMENT. Upon termination of this Agreement, CONSULTANT's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between CITY and the CONSULTANT.

Before CONSULTANT retains or contracts with any subcontractor, CONSULTANT shall provide CITY with the identity of the proposed CONSULTANT, a copy of the proposed written contract between CONSULTANT and such subcontractor which shall include an indemnity provision similar to the one provided herein and identifying CITY as an indemnified party, or an incorporation of the indemnity provision provided herein, and proof that such proposed subcontractor carries insurance at least equal to that required by this AGREEMENT or obtain a written waiver from CITY for such insurance. 128
XVIII. LICENSES
At all times during the term of this AGREEMENT, CONSULTANT, its employees, agents, and any subcontractors shall have in full force and effect, all licenses, permits, qualifications and approvals required of it by law for the performance of the services described in this AGREEMENT. In addition, CONSULTANT and any subcontractors shall obtain and maintain during the term of this Agreement a valid Sand City business license.

The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any breach of that term or any other term of this Agreement.

XXII. ATTORNEYS FEES
If a party to this Agreement brings any action to enforce or interpret this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. 129
XXIII. AUTHORITY TO EXECUTE THIS AGREEMENT
The person or persons executing this AGREEMENT on behalf of CONSULTANT warrants and represents that he/she has the authority to execute this AGREEMENT on behalf of the CONSULTANT and has the authority to bind CONSULTANT to the performance of its obligations hereunder. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed the day and year first above written.

CONSULTANT
By:_____________________________
(Signature)
________________________________
(Typed Name)
________________________________
(Title)

By: ____________________________
Adam Lindgren, City Attorney
130
Attachments: Exhibit A Consultant’s Proposal
Exhibit B Insurance Requirements
131

EXHIBIT A
CONSULTANT’S PROPOSAL
132
314 Colville Dr
San Jose, CA 95123
T 209-829-1553

Page 1 of 8 ends

Sand City Speed Survey Proposal-Rev2.docx
September 10, 2024
Leon Gomez, City Engineer
City of Sand City
1 Pendergrass Way
Sand City, CA 93955
RE: Sand City Localized Speed Survey
Proposal to Conduct Engineering and Traffic Survey
Dear Mr. Gomez:

TL Engineering (TLE) is pleased to provide professional traffic engineering services to perform Engineering and Traffic Survey (E&TS) analysis for City of Sand City. The project understanding, assumptions, and specific services to be provided are described in Exhibit A of this proposal. The proposed fee estimate is included in Exhibit B.

TLE shall adhere to the City's standard contract terms & conditions for engineering projects.

We appreciate having the opportunity to assist you with this project, and we look forward to providing you with excellent service. If you have any questions or need additional information, please contact me at your convenience.

Respectfully Submitted, Approved by Client
TL Engineering City of Sand City,

Leo Trujillo, PE, TE Signature Date
Principal
T 209-829-1553
[email protected] Name

Title
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Sand City Speed Survey Proposal-Rev2.docx

EXHIBIT A

SCOPE OF SERVICES

LOCALIZED ENGINEERING & TRAFFIC SURVEY

SAND CITY, CALIFORNIA
ASSUMPTIONS & UNDERSTANDING:

This project consists of preparing an Engineering and Traffic Survey (E&TS) for Sand City (Client).

Sand City (City) will be the lead agency in reviewing and approving the E&TS analysis and report.

The following are our assumptions and understanding of the project:
• The scope of work for this E&TS is consistent with State requirements and past E&TS prepared for other local agencies.
• TLE will hire a data collection company (National Data Services, NDS) to perform all of the field data collection (i.e.: collect the speed survey data). • TLE will hire a data collection company (National Data Services) to collect the daily traffic volumes at the project locations.
• Our Team will perform the necessary data reduction and provide recommendations in the summary report.
• This proposal includes survey and volume locations at eight (8) roadway segments throughout the City. Most of the segments will only require data collection at one location, while one segment will require three points of data collection. Additional locations can be added or removed per the direction of the City. Below is a list of the locations and the number of data collection points:

1. Contra Costa St - 1 location (between Shasta St & Elder Ave)

2. California Ave - 3 locations (just west of Hickory Street, between Shake Ave & Tioga Ave, and between Playa Ave and Hwy 1)

3. Sand Dunes Dr - 1 location (midway between Tioga Ave and the City Limits to the south)

4. Tioga Ave - 1 location (between Sand Dunes Dr & Metz Road)

5. Metz Road - 1 location (between Tioga Ave & Playa Ave)

6. Catalina Street - 1 location (between Orange Ave and Shasta St)

7. Playa Ave - 1 location (between Metz Road & California Ave)

8. Redwood Ave - 1 location (between Hickory Street & Holly Street) • To assess safety, SWITRS collision data will be obtained from the California Highway Patrol.
• To calculate average accident rates, average daily traffic volumes will be necessary.

Therefore, 24-hour traffic counts will need to be collected on all project road segments.

These counts will be collected at each segment location identified above. • No design work is included in our current scope of work • The TLE Team will submit an encroachment permit application for the data collection. It is assumed that the permit will be provided by the City at no fee. 134

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Sand City Speed Survey Proposal-Rev2.docx
SCOPE OF SERVICES:

TASK 1: COORDINATION & PROJECT MANAGEMENT
TL Engineering will coordinate with City staff and the City Police Department as necessary throughout the analysis process. Time for this task covers phone calls, email correspondence, and brief meetings.

TASK 2: DATA COLLECTION
A. Radar Speed Data:

Radar speed data will be collected on 8 roadway segments in the City, as noted in the Assumptions & Understanding section of this proposal. The speed data collection shall be performed on weekdays during off-peak hours and no collection will be taken during peak hours of 7:00 am - 10:00 am and 4:00 pm - 7:00 pm. Speeds for a minimum of 100 vehicles per segment (50 in each direction) will be collected, consistent with state requirements.

All radar equipment used in this data collection effort will be certified. Any and all radar collection begins with the operator utilizing a tuning fork to confirm the device is accurately detecting speeds. Upon confirming the device accuracy, the operator will ensure they are located in an inconspicuous position with the goal of attracting little to no attention from oncoming traffic. Once a suitable location is determined, the operator will begin collection on lead vehicles only (minimum of 50 samples per direction) and will simply note all sample/collected speeds on a document.

B. Daily Traffic Volumes:

NDS will also collect 24-hour road segment volumes along all eight project roadway segments. The number of data collection points per segment are noted below:

1. Contra Costa St - 1 location (between Shasta St & Elder Ave)

2. California Ave - 3 locations (just west of Hickory Street, between Shake Ave & Tioga Ave, and between Playa Ave and Hwy 1)

3. Sand Dunes Dr - 1 location (midway between Tioga Ave and the City Limits to the south)

4. Tioga Ave - 1 location (between Sand Dunes Dr & Metz Road)

5. Metz Road - 1 location (between Tioga Ave & Playa Ave)

6. Catalina Street - 1 location (between Orange Ave and Shasta St)

7. Playa Ave - 1 location (between Metz Road & California Ave)

8. Redwood Ave - 1 location (between Hickory Street & Holly Street) 135

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Sand City Speed Survey Proposal-Rev2.docx
C. Collision Data:

Three years of SWITRS collision data (2021-2023) will be collected from the California Highway Patrol (CHP) for each of the surveyed segments.

Prior to the collection of any traffic volumes or radar speed data, the TLE Team will submit an encroachment permit application to the City. It is assumed that the permit will be issued by the City at no fee, since this is a city project.

TASK 3: DATA REDUCTION & ANALYSIS
The collected radar speed data for each location will be summarized in a table, including metrics such as 85th percentile (Critical speed), 50th percentile (Median Speed), and 10 MPH Pace speed (10 MPH increment range). Additionally, the raw data results (e.g., date and time of collection, raw results, speed metrics, etc.) will be summarized for each surveyed location, for inclusion in a report appendix.

The collected segment volumes for each location will be summarized in a table. The collision data for each surveyed location will be reviewed, processed and summarized in a table by location. Both mid-block and bicycle/pedestrian collisions per location will also be identified (if this information is available in the SWITRS collision data).

Note: The collision data summaries will include total collisions and collision rates.

Quantification of collision rates and their comparison to statewide averages will be based on the 2018 Crash Data on California State Highways manual, which is the latest crash data document issued by California.

TASK 4: SPEED RECOMMENDATIONS
Using the data from the data reduction and analysis task, and requirements and guidelines in both the California Vehicle Code (CVC) and California Manual on Uniform Traffic Control Devices (2014 CA MUTCD, latest revision), recommended speed limits will be prepared for each surveyed location. These recommended speed limits will be added to the speed summary tables and justified in brief statements citing CVC/CA MUTCD requirements that apply to each surveyed location.

TASK 5: DOCUMENTATION REPORT
A comprehensive report will be prepared, including the data results, recommendations, tables, and raw collected data. This report will initially be prepared as an administrative draft report for City review. City comments will be incorporated into a final draft report 136

Page 5 of 8 ends

Sand City Speed Survey Proposal-Rev2.docx
for and will be re-submitted to the City. Responses to City comments will be incorporated into a final report for adoption by Sand City, including the addition of the City Council adoption date to the front cover.

TASK 6: SIGN PLAN (OPTIONAL TASK)
Once the E&TS report is finalized and approved by the City, TLE will prepare a sign plan to be consistent with the recommendations in the report. From conversations with City staff, it is our understanding that the City will provide TLE with an electronic CAD file of basemap for the City, which will show ROW linework and street names for the entire city.

TLE will first conduct a site visit to review and record the presence and condition of any existing speed limit signs. TLE will then prepare the sign plan using the base map provided by the City. The sign plan will include speed limit signage information such as:
 Existing speed limit sign to remain
 Existing speed limit sign and post to be removed
 Existing speed limit sign panel to be removed and replaced with new speed limit sign panel (install on existing sign post)
 Existing speed limit sign and post to be removed and replaced with new speed limit sign and post
 Furnish and install new speed limit sign panel and post  Furnish and install new speed limit sign panel mounted on street light/utility pole The sign plan will also include general notes and details for the signing improvements, including references to the applicable City and Caltrans Standard Plans.

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Sand City Speed Survey Proposal-Rev2.docx

REIMBURSABLE/ADDITIONAL SERVICES/EXCLUSIONS
Any reproduction work, other than that required for the Consultant’s in house use, and all mileage, Federal Express, UPS, California Overnight, and other deliveries will be billed per the attached Rate and Expense Schedule as included in the fees shown in Exhibit B.

The services to be provided are those detailed in this Scope of Services (Exhibit A). All items not expressly described in this Scope of Services shall be deemed "additional services"/"extra work" and compensation shall be on a time and expense basis per the attached Rate and Expense Schedule. The following items are specifically excluded from this Scope of Work:

A. Exclusions

1. Collection of any traffic data other than what is specifically described in this proposal

2. Preparation of any design plans (conceptual or final)

3. Analyses of any locations other than what are specifically described in this proposal

4. More than two revisions to the E&TS report

5. Any site visits
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Sand City Speed Survey Proposal-Rev2.docx

EXHIBIT B

COMPENSATION

LOCALIZED ENGINEERING & TRAFFIC SURVEY

SAND CITY, CALIFORNIA
Client shall compensate Consultant for the performance of the work previously described in Exhibit A, SCOPE OF SERVICES, and for such extras and additions as follows:

Project Work Task Principal Senior Associate Total Total Engineer Engineer Engineer Hour Fee
$240 $210 $190 NDS
1 COORDINATION & PROJECT MANAGEMENT 2 2 $480
2 DATA COLLECTION
A. Radar Speed Data 1 $1,737 1 $1,977
B. Segment Volumes 1 $1,610 1 $1,850
C. Collision Data 1 1 $240
3 DATA REDUCTION & ANALYSIS 10 12 22 $4,920
4 SPEED RECOMMENDATIONS 7 4 11 $2,520
5 DOCUMENTATION REPORT 10 10 $2,400
Total Hours : 32 16 0 48
Staff Expenses : $7,680 $3,360 $0 $3,347 $0 48 $14,387
Travel Expenses : $0
Printing, Shipping, etc. : $0
Total Costs (without Optional Task 6):

OPTIONAL TASKS
Principal Senior Associate Total Total
Engineer Engineer Engineer Hour Fee
$240 $210 $190 NDS
6 SIGN PLAN
A. City Base Map Manipulation 2 2 $480
B. Site Visit 6 6 $1,440
C. Prepare Sign Plan 8 8 $1,920
Total Hours : 16 0 0 16
Staff Expenses : $3,840 $0 $0 $0 $0 16 $3,840
Travel Expenses : $120
Printing, Shipping, etc. : $0
Optional Task 6 Cost :

Total Costs (with Optional Task 6):

SUB-CONSULTANT
$3,960
$18,347

SUB-CONSULTANT
$14,387
139

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Sand City Speed Survey Proposal-Rev2.docx

RATE AND EXPENSE SCHEDULES
(Effective through December 31, 2024)

HOURLY RATE SCHEDULE FOR PROFESSIONAL SERVICES
Classification Rate
Principal Engineer .................................................................................................................................... $240 Senior Engineer ........................................................................................................................................ $210 Associate Engineer ................................................................................................................................... $190 Deposition/Court Appearance ..................................................................... rates are available upon request

EXPENSE SCHEDULE
Bond Copy (24"x36") ..................................................................................................................... $1.50 each Color/mylar plot (small, medium) ................................................................................................ $10.00 each Color/mylar plot (large) ............................................................................................................... $50.00 each Xerox copy ...................................................................................................................................... $0.15 each Color xerox copy (8½ x 11 or 11 x 17) ............................................................................................ $0.50 each Client-Requested Overtime........................................................................................... Hourly Rate plus 25% All other expenses, including: ...........................................................................Actual Cost plus 15% Delivery Service Travel & Expenses
Outside Reproduction Filing or Permit Fees
Mileage - Auto
Outside Consultants
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EXHIBIT B

Workers’ compensation insurance. CONSULTANT shall maintain Workers’ Compensation Insurance (Statutory Limits) and Employer’s Liability Insurance (with limits of at least $1,000,000).

CONSULTANT shall submit to CITY, along with the certificate of insurance, a Waiver of Subrogation endorsement in favor of CITY, its officers, agents, employees and volunteers.

Umbrella or excess liability insurance. [Optional depending on limits required].

CONSULTANT shall obtain and maintain an umbrella or excess liability insurance policy with limits that will provide bodily injury, personal injury and property damage liability coverage at least as broad as the primary coverages set forth above, including commercial general liability, automobile liability, and employer’s liability. Such policy or policies shall include the following terms and conditions:
141
• A drop down feature requiring the policy to respond if any primary insurance that would otherwise have applied proves to be uncollectible in whole or in part for any reason;
• Pay on behalf of wording as opposed to reimbursement; • Concurrency of effective dates with primary policies; • Policies shall “follow form” to the underlying primary policies; and • Insureds under primary policies shall also be insureds under the umbrella or excess policies.

Acceptable insurers. All insurance policies shall be issued by an insurance company currently authorized by the Insurance Commissioner to transact business of insurance or is on the List of Approved Surplus Line Insurers in the State of California, with an assigned policyholders’ Rating of A- (or higher) and Financial Size Category Class VI (or larger) in accordance with the latest edition of Best’s Key Rating Guide, unless otherwise approved by the City Administrator.
142
Waiver of subrogation. All insurance coverage maintained or procured pursuant to this Agreement shall be endorsed to waive subrogation against CITY, its elected or appointed officers, agents, officials, employees and volunteers or shall specifically allow CONSULTANT or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. CONSULTANT hereby waives its own right of recovery against CITY, and shall require similar written express waivers and insurance clauses from each of its subconsultants.

Separation of insureds. A severability of interests provision must apply for all additional insureds ensuring that Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the insurer’s limits of liability. The policy(ies) shall not contain any cross-liability exclusions. 143
Pass through clause. CONSULTANT agrees to ensure that its subconsultants, subcontractors, and any other party involved with the project who is brought onto or involved in the project by CONSULTANT, provide the same minimum insurance coverage and endorsements required of CONSULTANT. CONSULTANT agrees to monitor and review all such coverage and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this section.

CONSULTANT agrees that upon request, all Agreements with consultants, subcontractors, and others engaged in the project will be submitted to CITY for review.

AGENDA ITEM
9B.

Approve a Resolution Approving a Lease
Agreement with Moore Twining
Associates, Inc. for the Lease of Property
Located at 501 Ortiz Avenue and
Authorizing the City Manager to Execute
the Agreement
145
City of Sand City

STAFF REPORT
TO: Honorable Mayor and City Council
FROM: Vibeke Norgaard, City Manager and Adam Lindgren, City Attorney SUBJECT: Lease of City Property at 501 Ortiz Avenue.

DATE: November 5, 2024
RECOMMENDATION:

Approve Resolution No.____ approving a lease agreement with Moore Twining Associates, Inc. for the lease of City-owned property located at 501 Ortiz Avenue.

BACKGROUND:

The City is under escrow to own a building located at 501 Ortiz Avenue (“Property”) which is currently leased by Moore Twining Associates, Inc. (“Tenant”) since 2001. The Tenant informed the City that they wish to continue leasing the Property when the City takes ownership.

DISCUSSION:

Tenants currently operate “a multi-disciplined engineering and testing firm providing geotechnical engineering, environmental, construction inspection, materials testing, analytical chemistry and drilling services throughout California and the Western United States.” The City and Tenant have been in contact throughout the City’s negotiation and purchase of the Property, and wish to enter into a new lease agreement for the Property.

The Tenant and City have agreed to the following lease terms:
 Lease term until December 31, 2025
 The lease will begin 30 days after the City takes ownership of the Property  $3,000 monthly rent, plus utilities
 All maintenance will be at Tenant’s expense
 Tenant may only change or alter the Property if approved by the City Staff recommends approval of the lease agreement and note that Moore Twining comes highly recommended as a tenant from the previous Property owners.

FISCAL IMPACT:

The rent generated by this Lease will be $36,000 per year.

ATTACHMENTS:

1. Resolution No. 2024-

2. Draft Lease Agreement
146

CITY OF SAND CITY
RESOLUTION SC 24-___, 2024

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAND CITY APPROVING A LEASE AGREEMENT WITH MOORE TWINING ASSOCIATES, INC. FOR THE LEASE OF PROPERTY LOCATED AT 501 ORTIZ AVENUE AND AUTHORIZING THE CITY MANAGER

TO EXECUTE THE AGREEMENT
WHEREAS, the Sand City (the “City”) is under contract to purchase certain property located at 501 Ortiz Avenue, Sand City, California, 93955 consisting of approximately 2,500 square feet (“Property”) which has been leased to Moore Twining Associates, Inc. (“Tenants”) since 2001; and
WHEREAS, Tenants and the City wish to continue the lease when the City takes ownership of the Property; and
WHEREAS, the terms of the proposed lease agreement is for a term to begin thirty days after the City takes ownership until December 31, 2025, and will include monthly rent payments in the amount of Three Thousand Dollars ($3,000) and utilities; and WHEREAS, the proposed lease will not allow Tenant to make changes to the Property without the City’s consent, and will be responsible for maintenance of the Property; and NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Sand City does hereby approve a lease agreement with Moore Twining, Inc. to lease 501 Ortiz Avenue and authorizes the City Manager to execute the Agreement in a form approved by City Attorney.

PASSED AND ADOPTED by the City Council of the City of Sand City this ___ day of November, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
_______________________
Mary Ann Carbone, Mayor
ATTEST:

DATED: _____________________
____________________________
Kerry Lindstrom, City Clerk
147

LEASE AGREEMENT
by and between the

THE CITY OF SAND CITY
and
MOORE TWINING ASSOCIATES, INC.
(501 ORTIZ AVE.)
August [XX], 2024
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This LEASE AGREEMENT (this “Lease” or this “Agreement”), dated as of August [XX], 2024 (the “Effective Date”), is entered into by and between the City of Sand City, a California municipal corporation (hereafter the “City” or the “Landlord”) and Moore Twining Associates, Inc. (the “Tenant”). Landlord and Tenant are hereafter each referred to as a “Party” and collectively referred to as the “Parties.”

RECITALS
A. The City is the owner in fee title to real property located at 501 Ortiz Avenue, Sand City, California, 93955 (the “Property”), as more particularly described in Exhibit A attached hereto and incorporated herein by this reference. The Property is improved with an existing one-story structure which is currently used for commercial purposes.

B. The Tenant currently occupies the Property and operates thereon a commercial enterprise doing business as Moore Twining Associates, Inc. (the “Business”).

C. The City acquired the Property for a public use. Tenant has an ongoing lease with the prior Property owner. Tenant has requested that the City enter into this Agreement to allow them to continue conducting business at the Property.

D. The City has agreed to lease the Property to the Tenant, and Tenant agrees to lease the Property from the City, subject to the terms and conditions of this Agreement.

NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City and the Tenant hereby agree as of the Effective Date as follows.

ARTICLE I

DEMISE OF PROPERTY

1.1 Incorporation of Recitals. The Parties acknowledge the truth of the Recitals set forth above, and all such Recitals are hereby incorporated into this Agreement.

1.2 Original Lease. The Parties’ previous lease, attached hereto as Exhibit C (the “Original Lease”), shall control all matters not covered by this Agreement. In the event that the Original Lease and this Agreement conflict, this Agreement shall control.

1.3 Creation of Lease. City hereby leases to Tenant, and Tenant hereby leases from City, the Property for the Term subject to the terms and conditions and for the purposes set forth in this Agreement.

1.4 No Representations. Tenant acknowledges that neither Landlord nor any of Landlord’s agents has made any representation or warranty as to the suitability or 149
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2 fitness of the Premises for the conduct of the Business, and that neither Landlord nor any agent of Landlord has agreed to undertake any alterations or additions or to construct any tenant improvements to the Premises except as expressly provided in this Lease.

1.5 Relocation. Tenant acknowledges and agrees that Tenant is a “post-acquisition tenant” as provided in Government Code Section 7260, et seq., and the California Relocation Assistance and Real Property Acquisition Guidelines, 25 California Code of Regulations Section 6000, et seq., and Tenant is therefore not entitled to receive any relocation payments or other relocation assistance under applicable law as a result of Landlord’s termination of this Lease or Tenant’s vacation of the Premises.

ARTICLE II
TERM OF LEASE; RENT; SECURITY DEPOSIT

2.1 Term. The term of this Agreement (the “Term”) shall commence on thirty (30) days after the date that the City unconditionally approves the Lease (such approval to be evidenced by the affirmative vote by the City Council), and City’s delivery to Lessee of a written notice confirming the date of commencement of the Lease (the “Commencement Date”). The Term of this Lease shall commence on the Commencement Date, and shall be for a time period ending on [December 31, 2025.

Landlord shall have the right to terminate this Lease, upon an Event of Default, during the Term by written notice to Tenant as specified in Article IX of this Agreement. Tenant shall have the right to terminate this Lease, without cause, during the Term by written notice to Landlord not less than thirty (30) days prior to the date of termination. The expiration of the Term or the sooner termination of this Agreement shall be referred to as “Lease Termination.”

2.2 Rent. On the Commencement Date, and monthly on the first day of each month thereafter until Lease Termination, the Tenant shall pay to the Landlord, Three Thousand Dollars ($3,000) (“Rent”). Rent payments are due to the City at the address shown in Section 10.3.2 or such other place as the City may designate in writing. In the event the Tenant fails to pay Rent by the close of business by the 10th day of the month or the Tenant’s check is returned by the financial institution on which it is drawn for insufficient funds, the Tenant shall pay the City (i) Twenty-Five Dollars ($25) as a late fee (the “Late Payment Penalty”) and (ii) twelve percent (12%) interest accrued daily on such late Rent due to the City, which shall be included with the payment of Rent.

2.3 Payment of Property Expenses. Rent includes the payment of possessory interest taxes and water and sewer costs. The Tenant shall pay all other costs and expenses relating to the Property of any kind or nature whatsoever. Such costs and expenses shall include, without limitation, all amounts attributable to, or paid or incurred in connection with, the operation, repair, restoration, maintenance and management of the Premises; gross receipt taxes (whether assessed against the City or assessed against Tenant and collected by the City, or both); insurance premiums; utilities; refuse 150
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3 disposal; lighting (including outside lighting); fire detection systems including monitoring, maintenance and repair; security; janitorial services; labor; air-conditioning and heating; maintenance and repair costs and service contracts; costs of licenses, permits and inspections; costs of landscaping; and all other costs and expenses paid or incurred with respect to the Property.

ARTICLE III

ALTERATIONS

3.1 Changes and Alterations. During the Term of this Agreement, the Tenant shall not make any change, alteration or addition to the Property that would materially alter the function or exterior appearance of the Property without the prior written consent of the City. All alterations and additions shall be made at the Tenant’s sole cost and expense.

ARTICLE IV

USE, NONDISCRIMINATION AND OPERATION OF THE PROPERTY

4.1 Permitted Uses. The Tenant may use the Property for the Business as described herein and for no other purposes without the prior written consent of the City. The Tenant shall not use or permit the Property to be used in whole or in part during the Term for any purpose other than as permitted pursuant to this Agreement or by the City’s written consent.

4.2 Nondiscrimination. The Tenant herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through him or her, and this lease is made and accepted upon and subject to the following conditions: that there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government Code, in the leasing, subleasing, transferring, use, occupancy, tenure or enjoyment of the premises herein leased nor shall the Tenant himself or herself, or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of tenants, lessees, sublessees, subtenants, or vendees in the premises herein leased.

Notwithstanding the foregoing, with respect to familial status, nothing herein shall be construed to apply to housing for older persons, as defined in Section 12955.9 of the Government Code nor shall be construed to affect Sections 51.2, 51.3, 51.4, 51.10,

51.11, and 799.5 of the Civil Code, relating to housing for senior citizens. Subdivision (d) of Section 51 and Section 1360 of the Civil Code and subdivisions (n), (o), and (p) of Section 12955 of the Government Code shall apply to this Section 6.2. 151
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4 4.3 Easements; Reservation of Rights. The City reserves the right to locate and construct its own utilities and to grant nonexclusive easements across the Property for utility and other purposes including the installation, maintenance, repair and replacement of utilities; provided that the exercise of such rights does not unreasonably interfere with the Tenant’s use of the Property for the purposes set forth herein.

4.4 Maintenance and Inspection of the Property.

4.4.1 Maintenance. At the Tenant’s sole cost and expense throughout the Term, the Tenant shall operate, maintain and manage the Property including all landscaping and improvements thereon in good order and repair and in neat, clean sanitary and safe condition in compliance with all local, state and federal laws, statutes and regulations relating to the use, occupancy or operation of the Property. The Tenant shall ensure that the Property is served by adequate lighting in accordance with applicable building codes. The Tenant shall promptly, at the Tenant’s own cost and expense, make all necessary repairs, including replacements or renewals when necessary, and all such repairs shall be at least equal in quality to the original work, reasonable wear and tear accepted. The Tenant shall keep and maintain all portions of the Property in a clean and orderly condition, free of accumulation of dirt, rubbish, and graffiti. The Tenant’s failure to maintain the Property in accordance with this Agreement shall be grounds for termination of this Agreement.

4.4.2 Inspection. At any time during the Term, upon reasonable advance notice and during normal business hours, the City may conduct interior and/or exterior inspections of the Property to confirm that it is being properly maintained as required herein. Following its inspection, the City may deliver to the Tenant written notification of any portions of the Property which the City has determined are not being properly maintained, and the Tenant shall promptly prepare and deliver to the City the Tenant’s proposed plan for remedying the indicated deficiencies. The Tenant’s failure to deliver a remedial plan and to complete remedial work within a reasonable time as determined by the City in its reasonable discretion shall be a default under this Agreement.

The failure of the City to inspect or to notify the Tenant of any deficiency shall not be a waiver of default or of the City’s right to enforce the Tenant’s maintenance and repair obligations. The Tenant shall defend (with counsel reasonably acceptable to the City), indemnify and hold the Indemnitees harmless from and against any and all Claims arising out of the Tenant’s failure to fully and timely fulfill its obligations to maintain and repair the Property as required hereunder.

4.5 Compliance with Laws. The Tenant, at its sole cost and expense, shall comply with all applicable state and federal laws and regulations, including without limitation, all applicable state and federal labor laws and standards, and all applicable disabled and handicapped access requirements, including without limitation, the Americans with Disabilities Act, 42 U.S.C. Section 12101, et seq., California Government Code Section 4450, et seq., California Government Code Section 11135, et seq., and the Unruh Civil Rights Act, California Civil Code Section 51, et seq. pertaining to the use, operation, 152
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5 and management of the Property and all City ordinances and regulations relating to the conduct of construction, including without limitation, all City ordinances and regulations relating to noise and maintenance of the Property.

The Tenant shall not itself use the Property for any unlawful purpose or perform, permit or suffer any act of omission or commission upon or about the Property or the Property which would result in a nuisance or a violation of law. The Tenant shall use its best efforts to not permit any permittees, licensees, guests or invitees to use the Property for any unlawful purpose or perform, permit or suffer any act of omission or commission upon or about the Property or the Property which would result in a nuisance or a violation of law.

ARTICLE V
CONDITION OF THE PREMISES;

5.1 Condition of the Property.

5.1.1 AS-IS Condition. The Tenant will lease the Property in its “AS IS” condition as such condition exists as of the Commencement Date.

5.1.2 No Representations. The Tenant acknowledges that except as expressly set forth herein, the City makes no representations or warranties expressed or implied regarding the condition of the Property or the fitness or suitability thereof for the Tenant’s purposes, including but not limited to, the condition of the soil, its geology, topography, the presence or absence of fill, the presence or absence of Hazardous Materials, drainage, flood zone designation, or compliance with Hazardous Materials Laws, and no patent or latent defect or deficiency in the condition of the Property shall affect the rights of the Tenant or the City hereunder. The Tenant shall rely solely on its own independent investigation and judgment as to all matters relating to the Land. The Tenant acknowledges and agrees that prior to the Effective Date it has made such investigations of the Property, including without limitation such inquiries of governmental agencies, soils testing, tests and inspections as Tenant deemed necessary to determine the condition of the Property, and has approved all such characteristics and conditions and shall lease the Property in its condition as of the Effective Date “AS-IS” “WHEREIS” AND WITH ALL FAULTS. The Tenant further acknowledges that the City has made available all data and information on the Property available to the City, but without warranty or representation by the City as to the completeness, correctness or validity of such data and information, except as otherwise set forth in this Agreement. 153
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6 5.2 Tenant’s Covenants. The Tenant hereby covenants and agrees that throughout the Term:
(a) The Property, and the use and operation thereof, shall be in compliance with all Hazardous Materials Laws, and the Tenant shall not cause or permit the Property or any portion thereof to be in violation of any Hazardous Materials Laws (as defined on Exhibit B, attached hereto).
(b) The Tenant shall not permit the Property or any portion thereof to be a site for the use, generation, treatment, manufacture, storage, disposal or transportation of Hazardous Materials (as defined on Exhibit B, attached hereto) nor shall the Tenant permit the presence or release of Hazardous Materials in, on, under, about or from the Property with the exception of materials customarily used in construction, operation, use or maintenance of restaurant facilities, provided such materials are used, stored and disposed of in compliance with Hazardous Materials Laws.

ARTICLE VI

INDEMNITY AND INSURANCE

6.1 Indemnity. The Tenant shall indemnify, defend (with counsel reasonably acceptable to the City) and hold the Indemnitees harmless from and against any and all Claims arising during the Term and arising from or in connection with any of the following: (i) the operation or management of the Property, (ii) any work or thing done on or in the Property, (iii) any condition of any alteration or addition constructed by the Tenant on the Property, (iv) any breach or default by the Tenant in the performance of any covenant or agreement to be performed by the Tenant pursuant to the terms of this Agreement, (v) any negligence of the Tenant, or any of its agents, contractors, subcontractors, employees, or licensees, (vi) any accident, injury or damage caused to any person occurring during the Term in or on the Property, and (vii) the furnishing of labor or materials by the Tenant or its contractors, subcontractors, employees, or agents. In the event any such action or proceeding is brought against the City by reason of any such Claim, the Tenant, upon notice from the City, covenants to defend such action or proceeding by counsel reasonably satisfactory to the City. If an insurer under insurance required to be maintained by the Tenant hereunder shall undertake to defend the City under a reservation of rights with respect to ultimate coverage and the City shall reasonably deem it necessary to retain independent counsel with respect to such matter, the Tenant shall pay the reasonable fees of such counsel. The obligations of the Tenant under this Article VI shall not apply to any Claim or other matter to the extent such arises as a result of the gross negligence or willful misconduct of the Indemnitees. This Section shall survive the expiration or earlier termination of this Agreement.

6.2 Insurance Requirements. The Tenant shall procure, at its sole expense, and maintain in full force and effect during the Term, the following insurance naming the City as additional insured and/or loss payee:
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7 a. Comprehensive General Liability insurance against claims for bodily and personal injury, death and property damage caused by or occurring in conjunction with the operation of the Property and the Business with a policy limit of at least Two Million Dollars ($2,000,000) per occurrence.
b. Workers’ compensation insurance that complies with the statutory requirements of the state of California.

ARTICLE VII
ASSIGNMENT, TRANSFER, SUBLETTING; NONDISTURBANCE AND

ATTORNMENT

7.1 Restrictions on Transfer, Assignment and Encumbrance. The Tenant shall have no right to sell, transfer, sublet, assign, encumber, hypothecate or otherwise convey (“Transfer”) its leasehold interest hereunder or any portion of its interest in the Property, any Improvements or this Agreement voluntarily, involuntarily, by operation of law, or otherwise.

ARTICLE VIII

DEFAULT, REMEDIES AND TERMINATION

8.1 Event of Default. The Tenant shall be in default under this Agreement upon the occurrence of any of the following (“Events of Default”):
(a) Monetary and Non-Monetary Obligation. The Tenant at any time is in default hereunder as to any monetary obligation, including without limitation, the payment of Rent and payment of taxes and assessments due on the Property or part thereof, and such default continues for thirty (30) days or the Tenant defaults in the performance of any term, provision, covenant or agreement contained in this Agreement other than an obligation enumerated in this Section 9.1, and unless a shorter cure period is specified for such default, the default continues for thirty (30) days after the date upon which the City shall have given written notice of the default to the Tenant (provided however, if the default is of a nature that it cannot be cured within thirty (30) days, an Event of Default shall not arise hereunder if the Tenant commences to cure the default within thirty (30) days and thereafter prosecutes the curing of such default with due diligence and in good faith to completion and in no event later than one hundred and eighty (180) days after receipt of a Notice of Default); (b) Insurance. The Tenant fails to obtain and maintain any insurance required pursuant to Section 6.2 of this Agreement, and the Tenant fails to cure such default within ten (10) days following receipt of Notice of Default; (c) Abandonment. The Tenant abandons the Property and ceases to use it for the purposes authorized hereby for a period of ninety (90) days or more or as established pursuant to Section 1951.3 of the California Civil Code. 155
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8 (d) Transfer. A voluntary or involuntary Transfer of all or any portion of the Tenant’s interest in this Agreement occurs in violation of the provisions of Article VIII;

8.2 Notice and Opportunity to Cure.

8.2.1 Notice of Default. Upon the occurrence of a default hereunder, the nondefaulting party shall deliver a notice to the nonperforming party (the “Notice of Default”), stating the nature of the obligation which such nonperforming party has failed to perform, and stating the applicable period of time, if any, permitted to cure the default.

8.2.2 Failure to Give Notice; No Waiver. Failure to give, or delay in giving, the Notice of Default shall not constitute a waiver of any obligation, requirement or covenant required to be performed hereunder. No failure or delay by either party in asserting any rights and remedies as to any breach shall operate as a waiver of any breach or of any such rights or remedies. Delay by either party in asserting any of its rights and remedies shall not deprive such party of the right to institute and maintain any action or proceeding which it may deem appropriate to protect, assert or enforce any such rights or remedies.

8.3 Remedies Upon Default.

8.3.1 City’s Remedies. Upon the occurrence of any Event of Default and in addition to any and all other rights or remedies of the City hereunder and/or provided by law, the City shall have the right to terminate this Agreement and/or the Tenant’s possessory rights hereunder. The City’s re-entry or taking of possession of the Property shall not be construed as an election on the City’s part to terminate this Agreement unless the City shall have given written notice of such intention to the Tenant. In no event shall this Agreement be treated as an asset of the Tenant after any final adjudication in bankruptcy except at the City’s option so to treat the same but no trustee, receiver, or liquidator of the Tenant shall have any right to disaffirm this Agreement.

8.4 Remedies Cumulative. No remedy specified in this Article IX shall be considered exclusive of any other remedy, but the same shall be cumulative and shall be in addition to every other remedy provided hereunder or now or hereafter existing at law or in equity or by statute, and every power and remedy provided by this Agreement may be exercised from time to time and as often as occasion may arise or as may be deemed expedient, subject to any limitations set forth herein.

ARTICLE IX

GENERAL PROVISIONS

9.1 Non-Subordination of Fee. Nothing in this Agreement shall be construed as an agreement by the City to subordinate its fee interest in the Property or its right to rent 156
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9 payments hereunder or any other right of the City herein. The Tenant shall not mortgage its interest in the Property and the City not encumber or otherwise subordinate its fee interest in the Property or approve any mortgage of the Tenant’s leasehold estate.

9.2 Representations of City and Tenant.

9.2.1 The Tenant hereby represents and warrants that as of the Effective Date the following are true and correct: (a) this Agreement constitutes the legally valid and binding obligation of the Tenant, enforceable against the Tenant in accordance with its terms, except as it may be affected by bankruptcy, insolvency or similar laws or by legal or equitable principles relating to or limiting the rights of contracting parties generally; and (b) the person executing this Agreement is authorized to do so; and (c) the execution of this Agreement and the acceptance of the obligations set forth herein do not violate any court order or ruling binding upon the Tenant or any agreement to which Tenant is a party or may be bound.

9.2.2 City hereby represents and warrants that as of the Effective Date the following are true and correct: (a) this Agreement constitutes the legally valid and binding obligation of the City, enforceable against the City in accordance with its terms, except as it may be affected by bankruptcy, insolvency or similar laws or by legal or equitable principles relating to or limiting the rights of contracting parties generally.

9.3 Miscellaneous.

9.3.1 Severability. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be held by a court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

9.3.2 Notices. Except as otherwise specified herein, all notices to be sent pursuant to this Agreement shall be made in writing, and sent to the Parties at their respective addresses specified below or to such other address as a Party may designate by written notice delivered to the other parties in accordance with this Section. All such notices shall be sent by (i) personal delivery, in which case notice is effective upon delivery; (ii) certified or registered mail, return receipt requested, in which case notice shall be deemed delivered on receipt if delivery is confirmed by a return receipt; (iii) nationally recognized overnight courier, with charges prepaid or charged to the sender’s account, in which case notice is effective on delivery if delivery is confirmed by the delivery service; or (iv) facsimile transmission, in which case notice shall be deemed delivered upon transmittal, provided that (a) a duplicate copy of the notice is promptly delivered by first-class or certified mail or by overnight delivery, or (b) a transmission report is generated reflecting the accurate transmission thereof. Any 157
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10 notice given by facsimile shall be considered to have been received on the next business day if it is received after 5:00 p.m. recipient’s time or on a non-business day.

City: City of Sand City
1 Pendergrass Way
Sand City, CA 93955
Attention: City Manager
Tenant: Moore Twining Associates, Inc.
501 Ortiz Avenue,
Sand City, California, 93955
Attention: _____________

9.3.3 Captions; Construction. The section headings and captions used herein are solely for convenience and shall not be used to interpret this Agreement. The Parties acknowledge that this Agreement is the product of negotiation and compromise on the part of both Parties, and the Parties agree that since both Parties have participated in the negotiation and drafting of this Agreement with the advice of counsel, this Agreement shall not be construed as if prepared by one of the Parties, but rather according to its fair meaning as a whole, as if both Parties had prepared it.

9.3.4 Successors and Assigns. Subject to the restrictions on transfer set forth in Article VIII, this Agreement shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns. Any reference in this Lease to a specifically named Party shall be deemed to apply to any permitted successor and assign of such Party who has acquired an interest in compliance with this Agreement as if in every case so expressed.

9.3.5 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to principles of conflicts of laws. Any action to enforce or interpret this Agreement shall be filed in the Superior Court of Monterey County, California.

9.3.6 Attorney’s Fees. If either Party commences an action against the other to enforce any obligation contained herein, or to interpret any provision hereof, each party shall be responsible for their respective counsel fees and costs.

9.3.7 Indemnity Includes Defense Costs. In any case where either Party is obligated under an express provision of this Lease, to indemnify and to save the other Party harmless from any damage or liability, the same shall be deemed to include defense of the indemnitee by the indemnitor, such defense to be through legal counsel reasonably acceptable to the indemnitee.

9.3.8 No Third-Party Beneficiaries; Disclaimer of Partnership, Lender/Borrower Relationship. Nothing contained in this Agreement is intended to or shall be deemed to 158
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11 confer upon any person, other than the Parties any rights or remedies hereunder. The relationship of the parties under this Agreement is solely that of landlord and tenant, and it is expressly understood and agreed that the City does not as a result of this Agreement in any way nor for any purpose become a partner of the Tenant or a joint venturer with the Tenant in the conduct of the Tenant’s business or otherwise. This Agreement is not intended to, and shall not be construed to, create the relationship of principal and agent, partnership, joint venture, or association as between the City and the Tenant. It is further expressly understood and agreed that this Agreement is not intended to, and shall not be construed to create the relationship of lender and borrower, and the City does not, solely as a result of this Agreement, become a lender to the Tenant.

9.3.9 Entire Agreement. This Agreement, together with all Exhibits, contains the entire agreement between the Parties relative to the transactions covered hereby.

All previous correspondence, communications, discussions, agreements, understandings or proposals and acceptances thereof between the Parties or their representatives, whether oral or written, are deemed to have been integrated into and superseded by this Agreement and are of no further force and effect except as expressly provided in this Agreement.

9.3.10 Waiver; Modification. No waiver of any breach of any covenant or provision of this Agreement shall be deemed a waiver of any subsequent breach of the same or any other covenant or provision hereof. No waiver shall be valid unless in writing and executed by the waiving party. An extension of time for performance of any obligation or act shall not be deemed an extension of the time for performance of any other obligation or act, and no extension shall be valid unless in writing and executed by the waiving party. This Agreement may be amended or modified only by a written instrument executed by the Parties.

9.3.11 Time is of the Essence. Time is of the essence of this Agreement and of each provision hereof.

9.3.12 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be an original and all of which together shall constitute one and the same instrument.

9.3.13 Action by the Parties. Except as may be otherwise specifically provided herein, whenever any approval, notice, direction, consent or request by the City in its capacity as landlord hereunder is required or permitted under this Agreement, such action shall be in writing, and such action may be given, made or taken by the City’s City Manager or by any person who shall have been designated by the City Manager, without further approval by the City Board of Directors unless the City Manager determines in his or her discretion that such matter requires consideration by the City Board.
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12 9.3.14 Non-Liability of Officials, Employees and Agents. No member, official, employee or agent of the City or the City shall be personally liable to Tenant or its successors in interest in the event of any default or breach by the City or for any amount which may become due to the Tenant or the Tenant’s permitted successors in interest pursuant to this Agreement.

IN WITNESS WHEREOF, the Parties have entered into this Lease as of the Effective Date.

TENANT: LANDLORD:

Moore Twining Associates, Inc.
, CITY OF SAND CITY,
a California Corporation a California municipal corporation By: __________________________ By:

City Manager
ATTEST:
______________________________
City Clerk

APPROVED AS TO FORM
City Attorney
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A-1
Exhibit A

PROPERTY
(Attach legal description.)
161

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ORDER NO. : 0724023612

EXHIBIT A
The land referred to is situated in the County of Monterey, City of Sand City, State of California, and is described as follows:

Lot 8 in Block 30, as said Lot and Block are shown on that certain map entitled, "Map of East Monterey, Monterey County, Cal., Surveyed by W. C. Little", filed for record October 18, 1887 in the office of the County Recorder of the County of Monterey, State of California, in Volume 1 of Maps, "Cities and Towns", at Page 22.

APN: 011-196-014-000
162

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ORDER NO. : 0724023613

EXHIBIT A
The land referred to is situated in the County of Monterey, City of Sand City, State of California, and is described as follows:

Lots 2, 4 and 6 in Block 30, in "Map of East Monterey, Monterey County, Calif., Surveyed by W. C. Little", filed for record October 18, 1887 in the Office of the County Recorder of the County of Monterey, State of California, in Volume 1 of Maps, "Cities and Towns", at Page 22.

APN: 011-196-015
163
5805496.1 Exhibit B - Definitions
501 Ortiz Ave
B-1
Exhibit B

DEFINITIONS
Hazardous Materials. As used herein, “Hazardous Materials” means any substance, material, or waste which is or becomes regulated by any local, state or federal authority, City or governmental body, including any material or substance which is: (i) defined as a “hazardous waste,” “extremely hazardous waste,” or “restricted hazardous waste” under Sections 25115, 25117 or 25122.7, or listed pursuant to Section 25140 of the California Health and Safety Code, Division 20, Chapter 6.5 (Hazardous Waste Control Law); (ii) defined as a “hazardous substance” under Section 25316 of the California Health and Safety Code, Division 20, Chapter 6.8 (CarpenterPresley-Tanner Hazardous Substance Account Act); (iii) defined as a “hazardous material,” “hazardous substance,” or “hazardous waste” under Section 25501 of the California Health and Safety Code, Division 20, Chapter 6.95 (Hazardous Materials Release Response Plans and Inventory); (iv) defined as a “hazardous substance” under Section 25281 of the California Health and Safety Code, Division 20, Chapter 6.7 (Underground Storage of Hazardous Substances); (v) petroleum; (vi) friable asbestos; (vii) polychlorinated biphenyls; (viii) listed under Article 9 or defined as “hazardous” or “extremely hazardous” pursuant to Article 11 of Title 22 of the California Administrative Code, Division 4, Chapter 20; (ix) designated as “hazardous substances” pursuant to Section 311 of the Clean Water Act (33 U.S.C. §1317); (x) defined as a “hazardous waste” pursuant to Section 1004 of the Resource Conservation and Recovery Act, 42 U.S.C. §6901, et seq. (42 U.S.C. §6903); or (xi) defined as “hazardous substances” pursuant to Section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. §9601, et seq., as the foregoing statutes and regulations now exist or may hereafter be amended.

Hazardous Materials Laws. As used herein “Hazardous Materials Laws” means all federal, state and local laws, ordinances, regulations, orders and directives pertaining to Hazardous Materials, including without limitation, the laws, statutes and regulations cited in the definition of Hazardous Materials, as any of the foregoing may be amended from time to time
164
Exhibit C
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AGENDA ITEM
9C.

Approve a Resolution Establishing General
Procedures and Criteria for the Issuance of
Permits for Storefront Retail Commercial
Cannabis Business Uses and Authorizing
the City Manager to Prepare and
Implement Administrative Procedures and
Criteria for Review and Issuance of
Related Operator Permits
219
City of Sand City

STAFF REPORT
TO: Honorable Mayor and City Council
FROM: Vibeke Norgaard, City Manager and Brian Foucht, Contract Planner – EMC Planning Group
SUBJECT: Resolution Approving Procedures
DATE: November 5, 2024
______________________________________________________________________ BACKGROUND:

Commercial and medicinal cannabis businesses are currently prohibited within the City (Municipal Code Section 18.69.010). In 2021 the City Council directed staff to prepare a draft Commercial Cannabis Ordinance. An initial draft was provided to the City Council in April, 2022. Subsequently, in October 2023, the City was awarded a Cannabis Retail Access Grant of $115,000 from the State of California Department of Cannabis Control (DCC).

On October 1, 2024 the City Council conducted a public hearing and approved the First Reading of an Ordinance adding Chapter 18.102, “Commercial Cannabis Uses”; adding Section 18.19.030.B. to Chapter 18.19 “Conditional Uses”; deleting Section 18.69.010, “Medical Marijuana Dispensaries, Delivery, Cultivation, and Sales” in its entirety; and amending Section 18.82.030 “Penalties”, of Title 18, “Zoning”, of the Sand City Municipal Code;
Discussion:

The ordinance limits, to two (2), the number of store front businesses. Ordinance section 18.102.060(a)(3) requires the City Council to set the method for selecting applicants who are eligible to receive Operator Permits and authorizes the City Manager to prepare forms and adopt any necessary rules to implement the procedure guidelines and review criteria. The attached resolution establishes an application process and directs the City Manager to implement that process.

Evaluation and selection of up to two (2) applicants from among multiple candidates will involve a transparent process. The recommended approach involves rank ordering of applicants against a set of varied priorities:
 Demonstrated consistency with all DCC regulations
 Safety and Security Plan acceptable to Police Chief
 Operator/Employee and Owner/Partner background clearance  Record of continuous operation
 Premise Improvement Plan
 Proposed community benefit
 Labor and Employment Plan – emphasis on local employment 220
Applicants would be ranked according to how well each applicant meets each priority relative to other applicants.

Recommendation:

Staff recommends that the City Council approve the attached resolution setting guidelines for evaluation and selection of applicants to obtain an Operator Permit for Store Front Retail Cannabis Business.

Attachment:

1. Resolution
221

CITY OF SAND CITY
RESOLUTION SC ____2024

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAND CITY

ESTABLISHING GENERAL PROCEDURES AND CRITERIA FOR THE ISSUANCE OF PERMITS

FOR STOREFRONT RETAIL COMMERCIAL CANNABIS BUSINESS USES AND AUTHORIZING

THE CITY MANAGER TO PREPARE AND IMPLEMENT ADMINISTRATIVE PROCEDURES AND

CRITERIA FOR REVIEW AND ISSUANCE OF RELATED OPERATOR PERMITS WHEREAS, on November 5, 2024 the City Council of the City of Sand City adopted an Ordinance adding Chapter 18.102, “Commercial Cannabis Uses”, adding Section 18.19.030.B. to Chapter 18.19 “Conditional Uses”, and deleting Section 18.69.010, “Medical Marijuana Dispensaries, Delivery, Cultivation, and Sales” in its entirety, and amending Section 18.82.030 “Penalties”, of Title 18, “Zoning”, of the Sand City Municipal Code; and
WHEREAS, the above referenced Ordinance section 18.102.060(a)(3) requires the City Council to set the method for selecting applicants who are eligible to receive Operator Permits and authorizes the City Manager to prepare forms and adopt any necessary rules to implement the procedure guidelines and review criteria.

NOW, THEREFORE, BE IT RESOLVED by the City Council of Sand City as follows:

Section 1. Application Procedure Guidelines and Review Criteria for Storefront Commercial Cannabis Business Operator Permit, in substantially the same form and content as that attached as Exhibit "A", and incorporated herein by reference, is hereby approved by the City Council of Sand City.

Section 2. The City Manager, or their designee, is authorized to make interpretations, corrections, clarifications, and revisions to the Application Procedure Guidelines as they deem necessary to facilitate the orderly and efficient implementation of any commercial cannabis permit application and selection process initiated or conducted by the City.

PASSED AND ADOPTED by the City Council of the City of Sand City this ___ day of November 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
___________________________
Mary Ann Carbone, Mayor
ATTEST:

DATED: ____________________
____________________________
Kerry Lindstrom, City Clerk
222
EXHIBIT “A”
General Application Procedure Guidelines and Review Criteria For Issuance Of An Operator Permit For Storefront Retail Cannabis Businesses

1. The City Manager or designee shall implement the City’s Storefront Retail Cannabis Business ordinance as follows:
a) Prepare forms for acceptance and processing applications; b) Solicit for professional services to assist equity applicants; c) Solicit for applicants for Conditional Use Permit;
d) Prequalify CUP applicants based on the following criteria:

Eligibility Criteria Priority
Store front retail program documentation demonstrates consistency with all DCC regulations and Sand City safety and security plan requirements 1 Safety and Security Plan acceptable to Police Chief 2
Operator/Employee and Owner/Partner background clearance 2 Record of continuous operation in another jurisdiction 2 Premise Improvement Plan describing new tenant improvements: attractive and professional business appearance, including, but not limited to, new flooring, display cases, interior and exterior paint or wall coverings, and signage.
3 Proposed community benefit includes financial, in kind, or other forms of support within the community acceptable to the City in the following areas:
 Recreation
 The Arts
 Beautification
 Community events
3 Labor and Employment Plan – emphasis on local employment 4 a) A staff committee will evaluate applications according to the above criteria. Evaluation of multiple applicants shall be accomplished by a numerically based rank - order process. In cases 223
where more than two applications have equivalent ranking Operator Permits will be issued by lottery.
b) Not more than two (2) applicants will be selected as eligible to complete the CUP process and, within 6 months after expiration of the CUP appeal period, obtain a DCC Type 10 license. c) A condition of CUP approval will specify the maximum number of days following issuance of the DCC license by which an Operator Permit must be obtained. This time period will be based on the circumstances of the individual case outlined in the CUP application. d) A ministerial, Operator Permit will be issued administratively by the City Manager following completion of permitted and licensed improvements to the store front. e) Successful applicants will be required to enter into a community benefit agreement with the City before their business can begin operation.

END
224

AGENDA ITEM
9D.

Sand City Coastal Trail Draft Conceptual
Plans
225
City of Sand City

STAFF REPORT
TO: Mayor and City Council
FROM: Esme Wahl, Contract Associate City Planner, EMC Planning Group SUBJECT: Sand City Coastal Trail – Draft Conceptual Plans DATE: November 5, 2024
_______________________________________________________________________ BACKGROUND:

In 2023, City staff and EMC applied for a grant from the State Coastal Conservancy which was approved on February 15th, 2024 in the amount of $473,500, to prepare trail alignment and restoration plans, designs, permit applications, and environmental documentation for a 0.7-mile segment of trail. This trail project is being referred to as the ‘Sand City Coastal Trail’.

Project Goals:

This trail project will enhance access to and along the coast in Sand City and provide Americans with Disability Act (ADA) access to the Coast. The project will provide enhanced coastal access for residents, visitors, and employees in Sand City’s West End District, improve day-use recreational opportunities, and provide ADA accessibility through features such as a boardwalk, viewing platform, and ADA parking. Additionally, the project will restore sensitive dune habitats.

Currently, there is no complete trail system connecting Sand City’s city-center to the coast, nor is there any formal coastal access along Sand City’s shoreline. As a result, existing residential neighborhood community-members and visitors to Sand City do not currently have dedicated and walkable access to the coast in Sand City. The proposed trail alignment will begin at City Hall (specifically at the newly renovated Calabrese Park above City Hall) in the West End District and pass by the South of Tioga development to Tioga Avenue and then out to and along Sand City’s coast, providing visitors and residents with safe and dedicated access to the coast in Sand City.

On the west side of State Route 1, there is no formal trail system which connects Tioga Avenue to the Vista Point viewing platform and beach access point at West Bay Street.

The current lack of a dedicated boardwalk/trail system in this area has resulted in many informal footpaths meandering through the sensitive dune habitat south of Tioga Avenue, resulting in impacts to a number of special status species in this area. The boardwalk will 226
keep people from damaging the sensitive habitat and will allow the dune restoration efforts that are part of the project to have a better chance of success.

DISCUSSION:

The City has been working with its consultant team, which includes BFS Landscape Architects, Whitson Engineers, EMC Planning Group, Polaris Land Surveying, and Integral Consulting to prepare technical studies and conceptual design plans for the project. The draft conceptual plans include the proposed trail alignment, trail types, locations of wayfinding signage, educational signs, and lighting, location of the viewing platform, location of a vault-style restroom, and parking improvements at Tioga Avenue.

The draft conceptual plans have been prepared after a number of site visits, preparation of technical studies, coordination with State Parks, and community outreach events.

Various technical studies have been completed to help the consultant team understand the site constraints and to ultimately inform the trail alignment so that the trail will be sited and designed in a way which is sustainable over time. The constraints that the consultant team has considered include: coastal erosion, private land, special-status species, and viewshed. Based on the findings of these technical studies, the following trail alignment and project components were developed.

Project Description:

Trail Alignment
The Sand City Coastal Trail will begin at the upper end of Calabrese Park in Sand City’s West End District and will ultimately terminate at the viewing platform at the end of West Bay Street. On the east side of State Route 1, the coastal trail is primarily located within the City right-of-way, with the exception of one private parcel (APN 011-125-052-000) crossing in the East Dunes. West of State Route 1, the current trail alignment is located partially within State Parks land and partially within the City right-of-way. Sand City staff and the consultant team has been working closely with State Parks staff on the portion of the trail alignment within State Parks jurisdiction.

The coastal trail will be comprised of various trail types, which include sections of sidewalk (which will be demarcated with plaques set into the sidewalk) and multiple boardwalk types (including at-grade wood boardwalks, raised wood boardwalks, and SuperDeck foam boardwalks). At this point, the entire trail has been designed to be ADA accessible. Exhibit A, Draft Conceptual Plans, shows the trail alignment.

There will be connection points between the Coastal Trail and the Multi-Use Trail at Tioga Avenue and Pendergrass Way. The connection points will include wayfinding signs and sidewalk plaques.
227
Trail Alignment East of Highway 1
The trail will begin at the upper end of Calabrese Park and will follow a proposed sidewalk down Pendergrass Way, where it will turn onto Ocean View Avenue. The trail will proceed down existing and proposed sidewalks along Ocean View Avenue, which will be marked with sidewalk plaques and ocean-themed crosswalk designs. From the end of Ocean View Avenue, the trail will traverse the east dunes and would transition to a wooden boardwalk. Through the east dunes, the boardwalk would pass by the new South of Tioga development. There would be a trail off-shoot to connect the boardwalk to the South of Tioga Development, so that residents and guests of the three South of Tioga land use types could easily access the trail. This stretch of boardwalk will likely contain some interpretive signage regarding species types and habitat preservation in the East Dunes area of the City. The boardwalk will ultimately terminate at Tioga Avenue, where the trail will once again become a sidewalk type trail demarcated with sidewalk plaques and wayfinding signage. At Tioga Avenue, the trail turns west, where it continues along the sidewalk and across the overpass.

Trail Alignment West of Highway 1
After crossing the overpass, the sidewalk on Tioga Avenue terminates where Tioga Avenue intersects with Sand Dunes Drive. There is no existing sidewalk along the portion of Tioga Avenue located seaward of Sand Dunes. The project would include sidewalk improvements along the south side of Tioga Avenue in this area. Interpretive fencing will be installed to guide users and protect the dunes along Tioga Avenue. The trailhead of the boardwalk would be located approximately three-quarters of the way down Tioga Avenue from Sand Dunes Drive.

The boardwalk would meander through the sand dunes between Tioga Avenue and West Bay Street. The alignment of the boardwalk in this area is depicted on Exhibit A, Draft Conceptual Plans. The boardwalk will include a mixture of at-grade and raised wooden boardwalk types in an effort to maintain the slope of the boardwalk within ADA standards.

The boardwalk location is also designed to avoid the prime snowy plover breeding habitat and is planned to be raised in specific areas to allow the passage of Snowy Plovers beneath the boardwalk. There would also be an off-shoot from the boardwalk, which would allow users direct access to the beach. The off-shoot would be constructed using SuperDecks material, which is a lightweight, durable material (see Exhibit B, SuperDecks Boardwalk) that can easily be moved in the case of a large storm event. The boardwalk would also be constructed using SuperDecks along Ocean View Avenue, where the trail alignment is located close to the beach and is within the coastal hazard zone identified by Integral Consulting.
228
Viewing Platform
The project would include a viewing platform with a bench and an interpretive sign. The draft conceptual plans show the viewing platform sited near the end of Mar Vista Drive in a location that offers users ocean views. The goal is for the viewing platform to provide an ADA accessible area near the beach, at the edge of the coastal bluff, with interpretive signage for people to simply enjoy the coast.

In order to provide ocean views, the viewing platform has to be sited within the coastal hazard zone identified by Integral Consulting. The project team is researching lightweight products that can provide a durable viewing platform that can also be easily moved inland over time, if needed. The idea is a viewing platform built on skids, so that it can be moved with a tractor, as needed, when coastal wave run-up and erosion impact the Sand City coast.

Restrooms
In order to be sited outside of the hazard zones mapped by Integral Consulting, the restrooms would likely be located to the east of the Monterey One Water pump station. The consultant team is currently determining the best option for a double-vault restroom. One potential option is a permanent double vault restroom that would connect to sewer and water lines. If water supply and sewer connections are not feasible in this location, there are vault-style restroom designs available that do not require sewer and water connections.

Tioga Avenue Improvements
The project includes striping on Tioga Avenue to formalize the parallel parking spaces. The project team is currently looking into the feasibility of providing two ADA accessible parking spaces at the end of Tioga Avenue.

Habitat Restoration:

As a part of the Coastal Trail project, the City is proposing to restore, with native dune habitat, the area bounded by Tioga Avenue, Sand Dunes Drive, West Bay Street, and the Monterey Bay, with the exception of the area that has already been restored by State Parks (see Exhibit C, Proposed Restoration Area). Once the trail alignment is finalized, the consultant team will prepare a Habitat Restoration Plan for the area of the dunes identified in Exhibit C. The dunes would be restored around the boardwalk during the implementation of the project.
229
Technical Studies:

Coastal Erosion
Integral Consulting modeled dune erosion as a result of storm events and sea-level rise in the project area west of State Route 1 (see Exhibit D, Coastal Hazards Map). The results of their analysis provided the project team with a coastal hazards map which shows projected dune erosion with 0.5 feet, 1 foot, and 2 feet of sea level rise combined with storm surge. The consultant team used this information to site the permanent trail structures outside of the hazard zones. For the portions of the trail and viewing platform which must be located within the hazard areas, the project team has identified products that are lightweight, durable, and temporary in nature, so that they could be moved out of the way if a large storm surge is anticipated, or could be moved inland as the dune crest recedes over times.

Focused Plant Surveys
Focused plant surveys were conducted on May 7, and May 8, 2024. The results of these surveys have been taken into consideration in the trail alignment.

Community Outreach
On March 19, 2024, City staff presented the preliminary project concept at a City Council hearing, where the City Council accepted the Coastal Conservancy grant funds.

EMC Planning Group conducted community outreach at the West End Celebration on August 24 and 25, 2024 and at the 831 Night Market on October 4, 2024. Generally, the City has gained overwhelming support by community members for this project. The majority of survey respondents supported a trail connecting the city-center to the coast, expressed a need for ADA accessibility, and favored a viewing platform and restroom near the beach.

Conclusion
The draft conceptual plans represent a trail alignment and project features that consider and work around private parcels, coastal erosion, sensitive habitat, and ADA requirements. For the next steps, the City will finalize the conceptual design plans based on discussions with State Parks staff and feedback received from City Council and will then move to 30% design plans.

CEQA: Environmental documentation will be prepared as a part of the City Council agreement with the 30% design plans.
230
RECOMMENDATION: Receive input on draft conceptual plans and receive direction and authorization to move to 30% design plans and CEQA documentation.

FISCAL IMPACTS: The planning of this project is fully funded by a grant from the State Coastal Conservancy.

ATTACHMENTS:

1. Exhibit A, Draft Conceptual Plans

2. Exhibit B, Super Decks Boardwalk

3. Exhibit C, Proposed Restoration Area

4. Exhibit D, Coastal Hazards Map
231
Draft Conceptual Plans A

EXHIBIT
232
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52.7 35.8

35.9 50.7

50.1 50.5

54.1 68.2

64.1 55.8

58.8 49.5

38.4 36.0

34.6 50.7

50.4 50.2

60.7 55.9

58.4 35.2

33.1 41.6

50.4 51.4

53.7 73.7

74.0 57.8

33.0 50.5

61.9 45.7

41.2 29.7

34.4 32.5

50.6 54.6

53.3 53.2

69.1 73.1

64.0 57.7

53.2 42.9

29.9 31.9

33.4 50.7

55.5 54.5

67.8 71.2 72.6

53.7 41.7

31.1 30.0

31.4 35.7

50.6 55.6

69.6 51.9

56.7 56.1

73.2 71.9

75.2 67.7

61.3 64.5

53.0 52.3

50.2 34.9

36.1 36.7

57.5 58.4

63.3 70.4

51.7 37.0

37.6 58.1

77.9 71.3

61.1 50.4

43.9 66.8

68.7 75.4

76.0 68.4

56.6 41.2

42.7 19.8

16.7 14.4

11.4 70.4

73.3 81.7

56.1 49.8

44.1 43.9

41.3 14.4

11.5 6.4

80.5 74.4

69.3 53.5

51.8 40.6

19.9 14.1

11.5 76.1

79.7 81.8

62.1 62.7

36.1 36.6

37.8 40.7

40.5 37.2

17.2 14.2

11.3 79.5

79.4 70.9

42.1 39.3

34.1 35.7

36.4 17.5

12.2 9.2

77.4 72.1

69.1 66.6

63.6 66.0

45.4 35.0

33.1 33.0

20.1 17.5

14.5 12.3

11.0 75.1

68.8 66.7

60.3 48.5

40.0 38.2

36.7 20.2

18.1 12.3

8.4 70.1

66.1 60.4

61.1 53.9

45.5 37.5

30.3 33.1

16.7 11.0

65.5 60.5

47.5 36.4

35.7 34.3

59.2 22.3

12.3 8.3

6.3 36.5

34.2 46.1

40.2 19.1

11.4 46.2

43.2 43.8

39.6 35.9

39.7 40.0

16.1 12.1

37.6 14.3

34.3 17.7

33.2 33.3

29.3 9.6

34.5 19.2

9.3 33.5

33.4 7.6

14.1 9.4

7.4 14.2

10.3 7.6

17.4 38.5

47.1 46.2

46.0 51.1

71.4 63.4

31.4 55.3

54.5 41.4

41.9 39.1

71.1 50.8

50.3 50.9

51.7 50.7

50.8 54.3

52.2 51.1

62.4 68.9

50.8 59.1

62.6 63.1

51.2 51.1

50.8 64.3

79.5 51.3

55.2 65.4

71.4 73.5

74.6 51.3

50.7 51.1

71.8 51.4

51.2 50.8

52.7 59.2

66.8 74.6

82.4 82.6

71.3 71.7

51.3 57.4

85.1 82.8

76.4 71.3

67.2 64.4

72.1 72.2

51.1 68.6

76.4 77.4

84.2 73.1

69.4 64.4

57.5 72.8

74.1 81.4

88.9 87.1

73.2 64.2

60.3 56.7

53.2 54.4

73.6 72.3

71.2 77.2

72.1 51.7

73.9 73.9

74.7 73.6

80.2 79.1

83.2 83.9

78.1 71.5

64.8 56.6

51.6 51.7

51.4 74.1

73.5 78.5

79.2 85.8

84.5 68.7

63.4 55.6

48.5 41.4

40.1 73.3

84.7 83.5

66.6 59.1

55.5 38.6

73.5 72.5

81.1 75.5

71.7 66.1

61.4 50.3

38.8 71.4

71.3 71.3

68.2 46.5

37.3 71.3

69.1 70.8

66.6 62.3

58.5 38.8

38.2 54.3

69.2 68.5

71.6 64.6

56.6 53.5

50.3 47.2

42.3 42.7

40.0 38.5

33.2 69.2

51.6 48.6

46.2 43.1

41.7 41.1

33.1 57.9

65.0 61.5

58.5 51.7

49.6 40.6

38.1 37.7

16.2 45.6

64.2 63.1

60.4 60.8

55.1 51.1

48.5 46.2

41.0 38.2

33.0 14.3

46.1 42.5

56.1 48.2

43.2 39.2

38.4 37.3

33.0 33.1

10.0 55.1

51.0 47.9

44.9 41.8

38.3 37.2

36.7 33.1

19.2 9.0

52.4 35.2

33.3 33.0

16.6 50.7

36.3 47.3

42.1 33.0

14.5 12.1

7.5 14.1

13.3 35.6

34.6 34.1

39.3 36.3

34.1 11.3

34.1 34.0

33.8 42.4

36.4 35.5

15.1 33.5

33.6 34.7

34.8 14.3

12.3 32.9

33.1 13.3

37.4 32.2 30.3

15.2 12.5

15.1 16.1

14.3 10.6

8.3 8.5

55.3 51.1

73.9 35.8

44.8 74.8

74.4 82.4

37.3 13.7

9.9 13.7

11.9 9.8

8.2 8.1

7.5 10.1

14.7 15.4

15.4 13.8

12.3 23.6

30.7 33.5

33.1 34.4
Sand

15.5 36.2

48.0 50.5

52.8 52.7 48.3

44.8 53.3

50.7 49.1

48.8 46.7

45.6 45.7 43.9 40.6

37.2 38.5

32.8 37.1

37.5 43.8

44.6 35.0

40.1 44.4

43.3 38.7

34.1 35.3

42.4 7.1

6.6 13.5

12.0 13.9

12.8 34.6

33.7 15.1

15.8 9.1

10.0 Rocks

36.5 37.9

40.7 36.9

36.3 35.7

39.2 34.6

33.4 34.2

19.0 34.7

13.7 10.8

9.1 34.1

35.3 Conc. Blocks

39.2 34.8

35.7 38.6

9.7 11.7

7.8 8.1

6.7 9.4

7.6 10.4

12.7 20.7

13.8 11.8

10.1 16.9

19.3 33.3

15.3 18.5

15.7 13.5

11.5 6.4

11.8 16.5

17.0 12.5

32.8 8.6

33.5 33.1

33.1 33.5

33.7 38.4

39.8 37.8

39.1 40.5

44.7 42.6

54.9 44.9

40.5 40.3

39.5 37.5

35.3 39.3

36.2 36.9

39.6 40.8

32.8 Rocks

12.1 46.2

53.5 56.9

57.9 59.5

61.0 61.6

67.6 66.3

66.8 67.8

63.7 60.4

63.4 62.9

62.8 58.8

62.9 65.6

68.6 67.9 66.1

66.4 66.9

70.5 67.6

68.1 64.1

60.5 56.8

55.3 56.6

55.1 55.7 57.8

54.8 71.4

70.2 69.7

46.1 38.8

43.9 54.5
Groundcover

68.5 6.2

8.0 10.8

12.9 14.4

9.7 8.2

6.5 6.1

8.2 10.1

7.8 7.2

9.6 12.4

14.0 16.4

33.3 36.4

34.3 34.7

35.3 38.4 37.2

39.2 37.7

37.8 40.2

39.1 38.9

40.0 41.7

38.2 38.5

40.9 41.4

17.6 15.6

13.7 12.1

13.8 11.8

15.9 18.5

16.2 11.6

14.3 21.8

38.4 38.4
Groundcover

7.1 16.0

19.6 19.6

17.8 42.1

42.5 37.9

39.2 42.6

41.3 43.1

48.7 45.9

41.7 42.8

41.6 40.1 41.3

46.6 53.7

48.4 41.3

35.8 35.1

37.6 39.4

41.5 44.3 46.5 38.8

35.4 38.8

38.9 35.2

39.8 41.5 43.3

46.6 61.3

58.0 59.3

55.9 52.8

54.4 50.4

51.7 52.8

70.2 72.3 76.1

75.4 73.1

71.2 69.8

74.2 73.7

76.9 79.8 78.1

76.9 63.5

80.9 79.8

78.7 76.8

76.4 79.1 79.9

83.8 81.3

80.4 86.4

89.6 87.0

87.5 86.1

82.5 72.9 83.1

81.5 81.3

88.3 71.4

58.8 61.1

51.9 86.2

85.6 44.1

40.2 56.3

56.3 59.9

60.1 59.2 56.3

51.2 74.7

73.9 73.8

73.8 72.9

72.9 72.9

72.2 74.3

72.4 73.7

76.4 75.6

74.7 72.2

72.7 73.2

72.8 71.6

71.4 77.6

74.7 73.2

65.8 73.2

72.5 72.1

71.7 69.9

70.4 72.0

75.1 75.1

74.0 57.8

51.6 51.5

51.9 51.5 51.6

51.6 51.5

51.7 7.9

10.2 11.8

13.2 15.3

16.8 14.8

12.8 8.9

7.0 8.5

10.5 12.6

14.7 18.7

16.8 20.5

18.8 16.8

14.7 7.7

9.9 12.0

13.5 17.5

19.1 21.0

20.6 18.8

12.8 8.8

6.6 10.1 6.7

36.3 23.6

27.0 26.7

20.9 26.1

27.8 32.1

31.0 30.4

38.4 29.8 22.0

39.1 42.6

40.5 43.1

43.5 48.8 46.1

37.1 32.4

34.5 29.6

27.7 29.8

31.5 34.7

38.5 57.6

58.1 51.6

17.4 19.4

30.7 38.7

27.8 46.3

44.2 40.6

31.7 37.0

33.7 33.5

52.4 49.7

42.9 42.5

45.8 45.8

45.8 48.8

49.2 56.5

52.8 55.8

57.9 62.6

46.3 48.6

51.0 66.7

64.6 54.3

57.2 60.3

56.2 51.7

49.8 52.1

54.6 54.5

52.3 57.4

49.2 61.8

45.5 39.7

43.5 50.8

55.1 77.3 75.0

73.9 65.9

65.4 67.8

75.9 83.9

81.8 87.7 88.2

87.8 84.2

86.5 86.3

86.8 88.7

79.5 78.3

84.5 80.4

80.6 80.6

84.5 88.1 82.1

80.0 87.4

86.9 86.3

83.4 Asph.

67.7 90.1

61.7 57.4

89.2 88.8

84.2 66.8

79.4 49.1

48.1 69.3

70.4 69.9

69.6 70.2

70.3 69.3

68.9 67.4

66.8 67.6

51.4 51.5

51.3 51.3

51.3 51.5

50.9 60.6

73.0 73.5

51.4 52.5

51.4 68.6

68.4 69.6

66.4 66.8

59.8 60.6 53.2

53.3 70.1

70.5 51.1

73.6 51.1

51.5 73.6

74.2 73.5 72.6

71.9 71.5

62.4 51.3 51.1

57.4 51.4

51.5 51.2

50.9 51.3

51.5 51.6

51.0 Conc.

72.8 54.3

54.7 51.2

50.9 56.7

50.9 64.9

65.6 52.1

53.3 64.9

63.7 63.8

65.9 49.8

50.6 52.8

50.9 63.2

52.0 50.6

51.9 64.4

63.2 62.7

61.8 61.9

81.6 78.7 71.9

74.2 77.1 78.8

82.5 80.5

80.4 81.4

70.7 79.8

79.0 80.0

79.8 80.7

77.7 71.8

61.1 61.3

61.3 61.8

60.6 60.2

70.8 69.3

67.9 81.2 80.1

77.7 68.2

67.4 59.9

84.9 76.2

75.5 51.2

51.3 50.8

51.0 77.8

72.7 77.3

77.1 66.4

64.8 69.3

69.4 71.1

67.2 67.6 68.1

68.7 71.1

69.9 69.7

72.1 71.7

74.4 71.2

69.9 70.3

71.7 67.4

69.6 68.1

62.5 60.8

55.8 54.7 60.2

79.4 57.1 55.8

75.7 70.3

65.2 62.3

67.9 65.7

68.6 56.2

31.8 31.0

34.9 34.6

36.2 37.5

34.3 35.5

37.7 43.7

45.3 39.2

39.8 38.8

37.1 37.8

41.6 36.5

50.1 41.0

37.4 37.3

33.5 36.8

38.1 40.1

45.1 45.5 50.4

53.7 52.2

38.3 59.3

42.5 42.4

55.6 10.2

7.7 14.9

19.8 19.9

21.8 37.4

42.7 37.9

38.9 39.2

36.9 42.7

14.7 6.1

6.2 8.8

44.9 38.3

6.6 8.4

61.5 71.1

78.9 64.8

51.1 50.4

51.1 50.6

51.1 50.9

57.9 51.9

59.5 60.2

72.2 76.8 80.2

76.4 74.4

74.5 68.3

65.2 58.2

58.9 58.2

56.8 53.1

51.6 56.7

55.0 54.3

51.4 50.5

58.7 59.1

59.2 76.7

76.3 74.2

72.7 56.2

63.2 57.5

57.4 70.4

69.8 55.3

55.1 67.8

68.3 68.4 68.1

72.7 72.6 70.4

69.5 71.4 68.3

71.1 72.5

69.0 66.3

76.8 75.5

64.9 64.7 65.1

69.5 71.7

71.3 63.8

56.3 56.7 57.3 59.7

61.8 65.5

66.0 69.4 65.9

65.6 66.6

70.4 61.1 61.7

70.9 73.7

74.3 71.4 72.5 72.1

70.8 72.3 72.3

72.4 68.4

60.1 62.2

70.7 68.8

72.1 68.4
Sand

75.8 75.0

44.8 52.8

51.8 46.2

46.4 45.5

38.6 36.5

47.5 48.1 51.3 52.6

54.6 53.7

53.1 53.4

55.8 54.1

55.6 54.7

55.6 54.2

56.2 54.5

50.1 49.8 48.4

49.5 53.7

60.6 57.9

57.7 46.9

48.3 49.7

53.7 52.8

38.3 36.5

34.5 41.2

57.6 60.2

70.9 41.5

43.2 50.5

39.1 38.2

38.5 37.4

37.0 36.9

36.7 35.8

36.1 38.8

33.7 38.8

35.1 34.4

37.3 37.8

35.7 34.3
Groundcover 35.1

35.5 38.6

39.7 33.9

32.6 31.3

32.1 31.8

37.3 19.7

16.6 14.7

11.6 8.2

16.8 8.4

19.9 37.5

38.4 34.2

37.2 36.8

22.0 18.5

21.3 18.1

9.0 11.5

13.7 8.8

9.2 11.5

13.5 15.6

11.8 6.9

10.7 12.8

14.5 16.7

7.2 72.1

57.9 53.7

52.7 52.2

52.2 52.4

50.8 50.2

50.9 50.2

51.1 53.5

50.3 49.4

49.4 49.8

52.1 49.9

50.4 50.7

50.8 52.0

50.3 49.5

51.0 53.9

64.0 62.1

52.1 50.6

50.8 78.9

77.6 52.5

68.8 67.5

76.9 70.2

77.9 51.6

50.3 48.6

65.5 66.2

70.0 73.5

61.6 62.0

64.8 59.5

56.4 54.6

52.7 56.5

72.9 60.8

73.2 51.2

63.1 61.1

51.8 50.0 50.8 51.9

55.6 53.9

30.2 31.3

30.7 29.1

35.6 38.2

33.2 29.7

56.7 58.3

50.1 50.8

55.8 60.5

61.5 63.7

60.5 54.1

50.7 49.4

49.8 61.3

60.0 57.7

38.9 41.2

61.1 37.3
Sand

57.1 34.3

34.6 36.1

37.7 35.5

35.2 34.1

33.6 37.0

37.0 38.8

35.8 39.5

37.4 40.8

39.2 37.3

35.8 39.3 41.0

33.4 34.0

41.5 40.6

38.8 38.6

34.4 33.6

34.6 33.1

35.3 32.7

31.8 37.1

37.4 40.4

41.6 36.3

36.8 34.6

35.0 37.2

35.3 33.7

33.7 32.6

32.0 31.3

30.9 32.8

34.0 18.8

15.5 13.8

8.0 9.8

12.0 8.0

8.9 6.5

12.8 16.0

18.1 14.1

6.7 14.9

13.0 10.4

16.9 18.9

18.6 36.3

7.9 10.2

37.9 50.2

49.7 48.5

47.5 47.8

48.1 46.8

48.2 47.5

48.9 49.8

49.8 48.6

47.7 49.1 50.1

48.7 48.1

57.0 58.9

59.4 53.3

53.5 61.4

56.6 58.2

58.1 61.1

52.9 52.0

55.2 57.9

54.2 55.2

57.1 52.4

47.1 56.0

55.4 57.2 58.2

66.3 67.0

64.7 65.4

67.7 66.7

56.3 50.2

51.4 48.3

46.6 46.0

46.3 47.2

46.2 58.8

56.1 57.6

51.3 47.1

46.5 37.8

36.8 36.0

35.5 35.9

40.3 36.7 38.2 40.8

41.8 43.5

45.8 44.9

49.4 43.9

42.2 44.2

44.9 65.2

57.8 63.8

54.7 57.7

51.7 45.8 45.0

50.3 52.2

53.3 48.0

47.8 60.2

63.5 62.2

54.5 51.8

57.1 31.7

31.1 29.6

28.3 27.6

29.6 32.9

33.7 34.5

35.4 43.5

45.1 42.9 41.6

30.5 34.3

33.7 31.8

30.8 28.7

41.0 42.1

34.6 30.3

31.8 31.9

32.8 35.7

48.7 35.4

38.7 30.4

13.9 7.6

9.9 12.4

17.0 18.7

33.0 30.4

32.1 30.0

31.4 29.7

28.9 28.3

31.7 31.1 28.6

32.2 32.7

29.2 20.4

17.7 15.8

14.0 9.8

16.9 17.5

16.5 26.7

30.4 27.1

25.7 27.8

28.7 28.5

31.6 31.7 30.8

29.6 6.7

7.4 11.7

8.7 6.5

9.2 12.6

14.4 17.8

14.7 13.1

11.8 6.6

12.7 9.8

7.7 9.8

11.8 18.8

19.8 26.7

25.7 16.8

8.7 6.6

8.8 6.7

7.1 12.4

14.5 13.8

16.7 19.1 18.9

17.4 16.6

18.0 22.8

18.8 11.1

22.3 23.1

16.7 18.1
Groundcover

27.4 27.7

26.2 28.5

30.0 25.4

25.4 24.7

21.5 23.2 24.7

20.7 20.8

20.4 35.7 33.9

29.4 31.1

26.0 27.4

24.6 24.0

25.5 25.9

19.4 38.4

34.5 36.2

30.0 25.8

27.7 30.5

33.8 36.2

39.9 36.7

40.1 52.5

49.3 31.6

30.1 28.5

29.9 28.7

29.9 33.0

34.7 36.7

39.0 35.0

31.5 64.1

41.3 50.9

34.5 44.4 44.8

46.1 46.1

45.3 44.6

43.1 45.4 48.6

47.1 46.6

46.8 50.1

53.6 53.3

62.1 61.1

61.3 61.0

53.6 59.5

63.1 68.8

45.0 46.6

38.3 59.6

45.4 42.7

44.1 52.1

46.8 69.2

68.6 65.5

48.3 46.8

46.3 46.2

46.2 46.2

45.9 41.4

45.8 45.9

46.2 46.3

46.9 47.6

47.9 47.6

48.9 47.9

47.9 47.1

47.9 47.9

48.6 48.9

47.7 47.1

48.6 46.1

45.7 42.5

43.3 41.7 40.3

46.0 45.6

46.1 45.9

46.0 47.7

44.4 48.2

47.6 46.8

45.6 45.9

48.7 48.7

48.9 47.8

47.4 46.1

47.7 63.3

60.4 59.1

59.1 58.7 60.0

63.1 61.5

62.7 62.5

61.3 54.9

58.2 56.9

60.9 61.0

60.5 66.4

65.3 67.7

68.5 67.8

67.9 66.0

65.8 67.7 68.5

68.9 69.4

70.2 48.7

46.9 45.5

46.9 46.2

55.7 35.8

35.1 30.1

30.4 20.9

21.0 22.8

24.4 41.3

48.4 52.3

61.4 61.5

65.7 65.4 63.4 53.1

24.6 23.3

23.1 22.9

23.6 22.7

20.7 20.9

21.1 20.9

20.7 20.9

21.2 20.9

24.9 20.9

23.4 21.9

21.6 21.4

19.6 18.5

14.9 13.5

11.8 9.0

8.9 23.3

26.2 21.4

25.5 24.7

26.0 20.4

18.9 17.8

16.8 15.7

18.2 21.2

21.1 15.0

12.6 25.8

21.2 21.7

21.6 22.2

19.4 21.7

14.1 21.7

21.4 24.4 27.1

10.2 16.1

10.8 6.3

8.9 10.5

8.9 12.6

13.8 11.6 15.9

15.3 13.6

11.9 6.7

21.6 60.5 49.4

56.2 44.8

41.9 54.3

57.4 68.1

70.2 20.9 26.1

59.4 56.6

45.9 45.3

57.2 47.0

45.9 44.9

48.3 63.2

6.7 15.7

11.9 7.8

8.0 8.8

12.8 10.8

13.1 12.9

13.0 13.1 19.3

12.8 15.4
Rocks

13.9 17.4

20.1 28.1 27.8

20.4 23.2

20.9 21.6

21.1 20.9

20.9 22.4

20.6 19.7

19.8 19.9

20.9 19.3

19.1 18.7

19.1 19.3

23.5 28.1

19.2 27.7

19.6 20.3

19.3 19.8

20.2 19.4

19.4 10.3

21.2 25.7

25.6 20.9

24.9 21.1 20.8

21.1 21.1

21.2 25.1 21.1

20.6 20.9

21.3 20.7

21.6 21.3

22.1 21.4

25.5 25.9

22.4 22.8

23.5 22.8

21.9 21.6 25.2

25.5 25.3

21.3 20.8

21.9 22.5

59.6 59.7

48.8 28.4

24.4 23.7

22.8 23.6

22.7 22.7

25.5 27.9

29.5 46.6

44.6 46.2

49.7 47.3

48.4 53.2

53.5 54.7

30.4 28.7

28.7 28.6

31.3 23.8

47.7 58.9

29.9 29.3

40.4 Groundcover

45.0 51.0

50.1 50.4

45.4 46.3

46.1 46.6

46.8 48.0

47.8 47.1

45.9 46.6

46.4 46.8

47.6 45.3

45.9 45.9

46.3 47.8

44.9 47.1

47.9 47.9

47.3 45.1

45.1 45.3

51.5 52.9

55.4 61.3

61.5 47.2

47.1 47.8

48.5 48.0

47.9 48.4

48.4 45.6

44.8 45.6

49.0 48.1

43.7 43.7

44.2 45.1

47.1 45.0

46.9 49.0

49.2 48.9

47.5 44.6

48.3 46.9
Asph.

49.3 49.2

28.3 24.8
Groundcover 31.6 27.9 28.3

27.5 26.3

31.4 30.9

27.5 27.9

41.6 41.7

42.2 43.6

42.3 41.3

39.2 35.9 34.5

33.0 44.0

41.8 43.0

42.0 Asph.

31.9 31.6

28.9 31.0 Groundcover

21.3 20.8

20.5 20.5

24.4 20.5

22.8 20.7

20.8 20.4

23.1 23.1

23.9 23.6

24.1 24.6

24.4 26.5

21.3 Groundcover

22.2 31.8

28.3 22.4 22.5

22.4 19.5 19.9

19.9 20.0

20.5 26.1

26.8 25.9 26.6 25.6

30.4 30.6

31.6 31.9

29.9 29.2

30.5 27.4

24.8 25.5 26.6

24.9 20.2

19.4 19.7

19.3 19.1

19.3 Asph.

15.7 17.3 21.1

23.9 21.3

26.3 Sand

19.3 19.7
Groundcover 19.9 Gate 30.7 20.3

20.6 17.2 20.5

15.3 29.3

31.4 36.4 37.6

35.1 37.8

40.1 41.9 41.9 42.7

47.2 43.1

30.4 35.2

22.0 24.0

24.8 25.8

26.3 26.7

28.4 28.3

29.3 28.0 31.7

33.3 37.4

38.4 32.5

34.5 22.8

26.7 29.5

28.8 30.5

29.0 30.7

24.3 25.0

22.4 23.3 21.6

32.2 30.8

45.2 40.3

24.1 23.0

31.6 Groundcover

28.6 31.6

41.942.0

39.8 40.1

39.9 40.4

40.8 40.2

39.9 39.4

39.0 40.5

39.8 39.1

40.2 40.1

48.4 48.7

48.8 48.8

47.9 48.4

48.7 48.8

48.8 42.9

41.5 41.1

40.9 40.2

40.7 39.5

41.6 39.4

39.1 38.8
Groundcover

39.8 49.1
Groundcover
Asph.

20.9 38.2

48.9 40.1

39.9 40.2

38.8 38.2

38.9 38.6

38.6 38.6

40.0 Groundcover

49.0 48.9

48.4 43.3

40.1 36.1

39.6 41.7

47.2 47.7

38.5 48.8

48.5 39.6

38.3 38.2 38.4

38.5 38.6

39.5 37.2

36.8 34.0 32.4

31.1 30.1
Groundcover

47.6 40.5

50.8 34.5

48.7 49.1

49.1 Gate
Conc.

7.9 11.1

36.1 Asph.

Asph.

Conc.

Conc. Asph.

29.3 57.2

46.9 Groundcover

52.5 23.4

6.1 Groundcover
Conc.

18.9 21.3

22.7 Gate Conc. Tank

21.2 Conc.

Groundcover
Pipe

26.1 20.2

48.8 48.4

34.5 38.0

40.8 1015
2025 30 35
35 35 35
40 35
40 45 50
5045
4045 45 5055 55
55 55
55 5560 6570
70 6560 80 70 65 60 60 50 55 45 40
35 20
2530
35 10
15 30
10 152025
30 35
35 40
40 45 50 55
65 70 75
85 75
80 8580 75
70 65
60 55
60 55
65 70
75 80
80 80
80 85
60 55 50 45
40 35
40 35
10 40
40 40
40 30
25 15
20 40
45 50 5560
65 70 75
80 65
70 75
70 65 70 75
75 70
70 75
70 6055
50 50
50 60
50 60
55 60 65 70
60 65 50 55
60 55 55 55
70 70
6570 70 70 65 60 60
70 35
30 70
65 65 55 50 45 40 35
35 30
10 15
253035 20
40 40
40 40
40 35
45 50
55 50 55
65 55
60 70 65 65
60 60
60 60
55 50
55 50
45 50 40 40
35 35
30 45 60 60 50
40 35
35 35
35 40
40 40
10 1520
25 3035
35 10 15 20
25 3030
30 30 30 30 35
10 15
20 20 25
30 25
25 30
30 25
30 35
45 45
45 35
40 45
50 50
55 60
65 70
65 60
60 65
45 40
35 25
60 60
55 50
65 40
35 30
25 30
30 25
25 25
45 45
25 25
25 30
35 40
50 45
45 40
4045
30 25
20 20
25 30 35 40
40 35
35 25
4540
45 40
30 30 30
30 40 30 10 15 15
10 15 20
45 70
25 20
20 25
25 25

74.1 Groundcover
Conc. Dense Trees
Dense Trees
Dense Trees
Asph. Conc. Conc.

Asph.

Asph. Conc.

Conc.

Asph. Asph.

Asph.

Conc.

Asph.

Conc.

Asph. Asph.

Asph.

45.7 Asph.

Asph.

Conc.

Asph. Conc.

Asph.

Piles
Conc. Blocks
Groundcover
Piles Piles

53.5 Asph.

Groundcover
1346.22
100 73.08

33.47 16
1723.31
11 19.47
Asph.

Conc.

60.5 67.2

69.2 62.4

63.1 66.9

70.6 61.1

61.6 70.4 69.2

57.1 62.7

72.0 70.4

70.1 70 70
65 60
65 Gate
60 E 5,724,000
E 5,724,000
E 5,724,100
E 5,724,200
E 5,724,300
E 5,724,400
E 5,724,500
E 5,724,600
E 5,724,700
E 5,724,800
E 5,724,900
E 5,725,000
E 5,725,000
E 5,725,100
E 5,725,100
E 5,725,200
E 5,725,500
E 5,725,500
E 5,725,600
E 5,725,600
E 5,725,700
E 5,725,700
E 5,725,800
E 5,725,800
E 5,725,900
E 5,725,900
E 5,726,000
N 2,119,000
N 2,119,100
N 2,119,200
N 2,119,300
N 2,119,300
N 2,119,400
N 2,119,400
N 2,119,500
N 2,119,500
N 2,119,700
N 2,119,800
N 2,119,900
N 2,120,000
N 2,120,000
N 2,120,100
N 2,120,100
N 2,120,200
N 2,120,200
N 2,120,300
N 2,120,300
N 2,120,400
N 2,120,500
N 2,120,500
N 2,120,600
N 2,120,700
N 2,120,800
N 2,120,800
N 2,120,900
N 2,121,000
N 2,120,400
E 5,725,400
N 2,119,700
N 2,119,600
E 5,725,300
N 2,119,800
E 5,724,100
E 5,724,200
N 2,119,900
N 2,120,600
E 5,724,800
E 5,724,900
N 2,120,700
MAP ACCURACY STANDARDS FOR THE SCALE AND C.I. NOTED THIS MAP CONFORMS TO NATIONAL A.P.S. JOB #202424

58.3 STOP STOP

STOP STOP AHEAD
CLEAR

KEEP STOP STOP STOP
Trailer BBQ
Stairs Playground
Deck
Asph.

Conc.

Under Const.

Conc.

Conc. Conc. Dirt
Gate
Gate
Piles
Brush
Conc. Conc.

Conc.

Deck

44.9 63.4

65.4 49.3

32.5 61.4

62.5 63.7

64.7 63.5

44.2 65.7

61.1 61.7

62.0 69.8

66.1 66.3

65.4 62.4

63.6 77.7

73.9 60.5

34.5 53.4

91.1 50.4

68.3 31.6

44.9 44.9 45.7

60.5 62.6

62.4 62.9

64.0 63.2

65.1 63.7

44.3 64.5

64.8 65.2

63.6 67.8

69.1 74.4

75.3 63.1

74.8 61.0

67.5 71.7

74.1 63.2

61.6 60.9

69.4 70.8

69.8 70.8

60.7 59.7

60.9 63.7

69.1 69.1

57.0 68.0

65.4 69.4

58.6 76.2

64.5 70.1

73.9 66.4

70.6 65.3

70.5 72.9

62.9 44.3

46.4 55.4

35.8 38.8

41.6 45.9

56.3 33.5

35.8 40.6

54.0 59.2

50.2 54.8

60.2 48.9

55.8 54.5

48.2 60.3

58.6 67.6

62.9 63.0

64.3 78.5

83.4 33.9 49.5 55.5 68.1

67.4 65.5
E 5,725,200
E 5,725,200
E 5,725,400
E 5,725,400
E 5,725,600
E 5,725,600
E 5,725,800
E 5,726,000
E 5,726,000
E 5,726,200
N 2,119,000
N 2,119,000
N 2,119,200
N 2,119,200
N 2,119,400
N 2,119,400
N 2,119,600
N 2,119,800
N 2,120,000
N 2,120,200
1265.3164.4

66.9 65.8

67.1 Pavers

68.4 92.5

91.5 62.9
Turf

68.0 71.2

87.7 73.8

89.8 91.2

51.2 49.3

46.6 51.4

57.6 58.5

59.7 62.3

53.6 65.3

63.3 64.6
Pavers

62.7 60.8

62.4 56.8

51.9 47.8

44.1 40.9

39.9 40.9

43.5 50.5

55.0 42.3

36.4 39.1

34.9 34.2

35.3 41.9

38.4 36.4

38.1 52.2

44.6 47.1

48.0 34.4

33.9 33.6

34.7 33.4

74.7 35.9

37.1 84.1

78.8 79.3

77.8 82.1

74.0 74.6

75.7 73.6 71.9

74.3 74.8

72.4 75.5

73.9 62.3

64.1 63.8

71.3 70.3

70.4 71.8

72.7 74.7

74.5 72.6

72.7 74.1

67.0 66.9

69.7 68.8

68.3 69.7 69.4 68.9

70.8 70.6

70.6 69.5

69.8 72.4

71.1 72.8

68.9 64.4

63.8 72.8

70.1 70.1

59.6 59.4

55.5 59.5

51.3 52.1

60.6 60.2

62.9 60.3

59.6 67.5

67.8 61.6

62.0 62.9

63.7 63.3

62.7 61.9

63.5 64.0

69.5 68.2

68.5 67.6 68.8

71.3 74.4

76.2 78.6 75.9

68.1 69.6

75.3 74.3

73.7 69.2

77.5 58.3

58.8 71.8

70.9 69.8

62.0 62.9

63.6 65.3

65.7 65.4 66.2

65.5 63.6

62.9 62.2

63.8 64.4

62.9 66.7

64.9 66.2

66.8 67.5 66.8

66.9 67.3

67.5 65.8

66.3 66.9

68.1 64.6

64.8 65.8

64.5 65.4

68.5 67.7 67.5

65.7 63.3

64.3 61.4

62.4 63.5

62.9 63.8 64.4

65.1 64.3
Gate

58.2 67.8

66.1 64.94 9 65.4
Gate

31.9 60.1 Gate

56.6 44.8 45.2

45.4 61.5

45.4 46.2

46.9 47.5

44.9 49.5

53.4 54.1

56.4 56.1

55.9 50.5

50.7 45.6

44.9 45.4

45.0 63.2

51.8 48.4

48.0 61.6

45.1 Gate

64.3 31.4 32.5

32.5 30.2

30.8 32.6

34.8 34.5

37.2 37.6 39.7
Conc.38.3

37.4 45.0

43.1 43.3

41.9 40.9

41.2 42.2

31.9 44.9

44.9 44.3 44.6

32.2 66.5

91.5 59.5

40.2 51.9

42.2 60.4

63.4 61.5

64.2 62.7

62.6 71.3
Gate
Asph.

Conc.

44.9 75
80 85 90
85 90 65 60 55 50 70 75 80 85
70 65 60 55
45 40
35 53.3

57.8 65.7

61.5 Shed
Asph.

Asph.

Conc.

Asph. Asph.

Asph.

Conc.
70 75
80 75
70 65
60 70
70 60
55 50
50 45 40
45 60
65 60
70 75
70 70
60 65
65 65
60 55
50 45
40 35
30 5550 55

53.7 45
40 39.0
45 60
35 45
60 65
65 65
65 60
70 E 5,725,800
AERIAL PHOTOMAPPING SERVICES (559) 291-0147 CLOVIS, CA. 93612 DATE OF PHOTOGRAPHY: MAP SCALE: 1"=40' CONTOUR INTERVAL: 1' SCALE AND C.I. NOTED MAP ACCURACY STANDARDS FOR THE THIS MAP CONFORMS TO NATIONAL 2921 LARKIN AVE.
5-20-24
A.P.S. JOB #202424 SAND CITY BIKE PATH-2 (40 SCALE) STOP AHEAD STOP STOP STOP STOP

STO STOP
STOP
STOP
STOP
STOP
CALIFORNIA AVE. (A City Street 50' Wide) TIOGA AVENUE FELL STREET BAY AVENUE

VISTA DEL MAR

OCEAN VIEW AVENUE

TENTH WAY

NINTH WAY

EIGHTH WAY

SEVENTH WAY

SIXTH WAY

SAND DUNES DRIVE
OCEAN VIEW AVE.
(A City Street 50' Wide)
PARK AVE.(A City Street 50' Wide)
FELL ST. (A City Street 50' Wide) FELL ST. (A City Street 50' Wide) EAST AVE.
(A City Street 50' Wide)
LINCOLN AVE.
(A City Street 50' Wide)
HAYES ST.
(A City Street 50' Wide)

BEACH WAY
(A City Street 20' Wide)
MERLE ST. (A City Street 40' Wide)
SAND DUNE HABITAT #3
SAND DUNE HABITAT #2
SAND DUNE HABITAT #1
PARCEL R1
(A City Street 50' Wide)
DIAS (BAY AVE.) (A City Street 50' Wide)
ALTA ST. (A City Street 30' Wide) AVENUE BAY CA STATE HIGHWAY 1 SAND DUNES DRIVE CA STATE HIGHWAY 1
AVENUE
TIOGA
VOL. 24 C & T PG. 82
PARCEL R2
VOL. 24 C & T PG. 82
OCEAN VIEW AVE. (A City Street 50' Wide)

PENDERGRASS WAY
PENDERGRASS WAY CALIFORNIA AVE. (A City Street 50' Wide) (N 36° 10' 05" W 221.87' R1)
(S 28° 10' 50" W 592.80' R1) 15 C & T 82
LOT
28 APN

SNF SNF
SNF
SNF
(N 52° 51' 09" W 453.30' R5)
SNF
(s 28° 10' 50" W 194.57' R2)
(s 28° 10' 50" W 310.05' R2)
(N 61° 49' 10" W 200.01' R2)
(N 74° 34' 15" W 1579.37' R1)
(N 74° 34' 15" W 390.99' R1)
(N 74° 34' 15" W 390.99' R1)
(N 36° 10' 05" W 698.15' R1)
(N 74° 34' 15" W 390.99' R1)
(N 36° 15' 40" E 365.46' R3)
(N 56° 53' 04" E 95.49' R3)
(N 36° 10' 05" W 221.87' R1)
(N 58° 19' 31" W 522.56 R4)
(A City Street 50' Wide)
(A City Street 50' Wide)
(A City Street 50' Wide)
(A City Street 50' Wide)
Parcel 4 VOL. 19 PM PG. 155 VOL. 19 PM PG. 155 Parcel B Parcel A CA STATE HIGHWAY 1
(N 53° 48' 09" W 183.41' R4)
(N 54° 06' 13" W 355.94' R4)

SIXTH WAY
VOL. 3 C & T PG. 8
2 C & T 38
VOL. 2 C & T PG. 20

SAND CITY COASTAL TRAIL
LOCATION: SAND CITY, CA
DATE: 10/29/2024
PROJECT NUMBER: 24.021

KEY MAP
SCALE: 1"= 100'-0"
50 0 100 200
233
Piles

69.8 77.7

73.9 53.4

50.4 74.4

63.1 67.5

71.7 60.9

69.4 70.8

69.8 60.9

63.7 68.0

65.4 69.4

58.6 64.5

70.1 66.4

70.5 72.9

44.3 46.4

55.4 41.6

45.9 56.3

40.6 54.0

59.2 50.2

54.8 48.9

53.6 51.9

47.8 44.1

40.9 39.9

40.9 43.5

50.5 42.3

36.4 39.1

38.1 44.6

47.1 48.0

37.1 74.0

74.6 75.7

73.6 71.9

68.9 70.8

70.6 70.6

69.5 69.8

71.1 72.8

68.9 64.4

63.8 72.8

70.1 70.1

60.3 67.5

67.8 75.3 74.3

73.7 69.2

71.8 70.9

51.9 60.4

63.4 61.5

64.2 71.3

53.3 57.8

65.7 61.5
70 55 50
50 45
40 65
60 70
75 EAST AVE.
(A City Street 50' Wide)
MERLE ST. (A City Street 40' Wide)

SAND DUNE
HABITAT #2
SAND DUNE HABITAT #1
LOT
28 APN
(N 36° 15' 40" E 365.46' R3)
(N 56° 53' 04" E 95.49' R
(N 36° 10' 05" W 221.87' R1)

1.47%

2.6%
+
FS 51.75 (+2')
85-FT 4.7%
+
FS 54.25 (+1.75')
30-FT RAMP 8%
+
FS 56.75 (-1.5') 30-FT RAMP 8%
30-FT RAMP 8%
+
FS 59.25 (-0.75')
30-FT RAMP 8%
+ FS 61.75 (-4.0')
30-FT RAMP 8%
+
FS 64.25 (-0.50')
+
FS 68.25 (-0.0')
112-FT 2.2%

0.0%
85-FT 4.7%
+
FS 49.75 (+4.25')
+
FS 54.25 (+4.5)
+
FS 56.75 (+4.25')
+ FS 59.25 (+1.0')
+
FS 61.75 (+1.25')
+ FS 64.25 (-1.5')
+
FS 66.75 (+2.0')
85-FT 1.75%
+
FS 51.75 (+6.25')
42-FT 4.7%
30-FT RAMP 8% 30-FT RAMP 8%
+
FS 49.25 (+6.25')
+
FS 46.75 (+1.5')
30-FT RAMP 8%
90°
+
FS 70.75 (+0.50)
+
FS 71.80 (+0.50) +
FS 70.75 (+0.50)
+
FS 45.75
Stairs
Playground
Conc.

Under Const.

Conc.

Dirt
Deck

61.4 62.5

63.7 65.7

66.1 66.3

60.5 62.6

62.4 62.9

64.5 64.8

65.2 67.8

69.1 75.3

71.3 72.7

69.7 69.5

68.2 68.5

67.6 68.8

71.3 74.4

76.2 78.6

75.9 68.1

69.6 69.8

65.3 65.7

66.2 65.5

66.7 66.2

66.8 67.5

66.8 66.9

67.3 67.5

65.8 66.3

66.9 68.1

68.5 67.7

67.5 65.7

63.3 63.5

62.9 63.8

64.4 65.1

64.3 Gate

64.94 9

65.4 Gate

60.1 Gate

56.6 61.5

61.6 64.3
Gate
Asph.

Shed
Asph.
70 70
65 60
55 53.7
60 60
65 65
70 STO STOP
OCEAN VIEW AVE. (A City Street 50' Wide)
FELL ST.

FELL ST. (A City Street 50' Wide)
HAYES ST.

OCEAN VIEW AVE. (A City Street 50' Wide)

PENDERGRASS WAY
+ FS 75.24 (E)
LEGEND
Type 1: At Grade Wood Boardwalk (< 8")
with 4" Curb
Type 2: Wood Boardwalk (< 2.5') with
Handrails and 4" Curb
Type 3:Elevated (> 2.5') Wood Boardwalk
with Guardrails and 4" Curb
Alternate 1: Slope
Alternate 1: Spot Elevation
Alternate 2: Slope
Alternate 2: Spot Elevation
Existing Finish Grade
Proposed Thermoplastic Crosswalk
Proposed Sidewalk and Gutter
Existing Sidewalk

5.00%
+ FS 54.25 (+1.75')

5.00%
+ FS 54.25 (+1.75') + FS 45.75 (E)

SAND CITY COASTAL TRAIL
LOCATION: SAND CITY, CA
DATE: 10/29/2024
PROJECT NUMBER: 24.021
EAST DUNES TRAIL ALIGNMENT - 1
SCALE: 1"= 20'-0"
20 0
20 40 MATCHLINE A MATCHLINE A

MATCHLINE B
234

49.9 51.2

51.1 50.8

51.3 55.2

51.3 50.7

51.1 71.8

51.4 51.2

50.8 52.7

59.2 66.8

71.3 71.7

51.3 57.4

72.1 72.2

51.1 68.6

76.4 77.4

57.5 72.8

74.1 81.4

54.4 73.6

72.3 71.2

51.7 73.9

73.9 74.7

73.6 80.2

51.6 51.7

51.4 74.1

73.5 73.3

73.5 72.5

71.4 57.9

73.9 74.8

55.1 55.7

54.8 57.8

54.5 56.3

56.3 59.9

60.1 59.2

56.3 51.2

74.7 73.9

73.8 73.8

72.9 72.9

72.9 72.2

74.3 73.7

72.4 76.4

72.2 72.7

73.2 72.8

71.6 71.4

77.6 74.7

73.2 65.8

73.2 72.5

72.1 72.0

75.1 75.1

74.0 57.8

51.6 51.5

51.5 51.6

51.6 51.5

51.7 67.8

83.9 81.8

67.7 70.4

69.9 69.6

70.2 70.3

69.3 68.9

67.4 66.8

67.6 51.4

51.5 51.3

51.3 51.3

51.5 50.9

60.6 73.0

73.5 51.4

52.5 51.4

68.6 68.4

69.6 66.8

59.8 60.6

53.2 53.3

70.1 70.5

51.1 73.6

51.1 51.5

73.6 74.2

73.5 72.6

71.9 71.5

62.4 51.3

51.1 57.4

51.4 51.5

51.2 50.9

51.3 51.5

51.6 51.0 Conc.

72.8 54.3

54.7 51.2

50.9 56.7

50.9 52.1

53.3 51.3
Asph.

Conc.

Asph.
55 55
55 55
55 60
65 70 70
6560

74.1 Conc.

Dense Trees
Dense Trees
Dense Trees
Asph.

Conc.

Asph.

Conc.

Asph.
100

73.08 Asph. Conc.

60.5 62.4

63.1 70.6

61.1 61.6

70.4 69.2

57.1 62.7

72.0 70.4

70.1 70
70 65
60 STOP
STOP
STOP
N 2,120,200

SAND DUNES DRIVE
CA STATE HIGHWAY 1
SNF
(N 54° 06' 13" W 355.94' R4)
(N 53° 48' 09" W 183.41' R4)
Asph. Conc.

67.2 69.2

66.9 61.1

69.2 65
Gate
E 5,725,800
E 5,725,900
N 2,120,200
N 2,120,300 Gate Gate Conc. Conc. 68.3

54.8 60.2

55.8 54.5

60.3 62.9

63.0 55.5

68.1 67.4

65.5 N 2,120,200
1265.31

64.4 66.9

67.1 65.8
Pavers

68.4 92.5

91.5 62.9
Turf

68.0 71.2

87.7 73.8

89.8 51.4

57.6 58.5

59.7 62.3

53.6 65.3

63.3 Pavers 64.6

62.7 60.8

62.4 56.8

55.0 52.2

66.5 91.5

59.5 758085
90 80
70 65
60 55
Asph.

STOP

AHEAD AVENUE TIOGA
SNF
(N 52° 51' 09" W 453.30' R5)

SIXTH WAY
2 C & T 38
LEGEND
Proposed Thermoplastic Crosswalk
Proposed Sidewalk and Gutter
Existing Sidewalk

SAND CITY COASTAL TRAIL
LOCATION: SAND CITY, CA
DATE: 10/29/2024
PROJECT NUMBER: 24.021
EAST DUNES TRAIL ALIGNMENT - 2
SCALE: 1"= 20'-0"
20 0
20 40

MATCHLINE C

MATCHLINE B
235
Piles
Piles
Gate
Groundcover
Groundcover
Groundcover
Groundcover
Rocks

38.5 37.6

66.6 63.6

66.0 68.8

66.7 60.3

48.5 61.1

53.9 45.5

60.5 47.5

36.4 35.7

36.5 46.1

40.2 46.2

43.2 43.8

39.6 39.7

40.0 34.3

33.2 33.3

41.4 41.9

53.2 48.5

41.4 40.1

55.5 38.6

50.3 38.8

46.5 37.3

58.5 38.8

38.2 56.6

53.5 50.3

47.2 42.3

42.7 40.0

38.5 51.6

48.6 46.2

43.1 41.7

41.1 58.5

51.7 49.6

40.6 38.1

37.7 55.1

51.1 48.5

46.2 41.0

38.2 48.2

43.2 39.2

38.4 37.3

55.1 51.0

47.9 44.9

41.8 38.3

37.2 36.7

52.4 35.2

33.3 47.3

42.1 35.6

34.6 34.1

39.3 36.3

34.1 34.0

33.8 42.4

36.4 35.5

33.5 33.6

34.7 32.9

33.1 37.4

32.2 30.3

35.8 44.8

37.3 23.6

30.7 33.5

33.1 34.4

36.2 44.8

53.3 50.7

49.1 48.8

46.7 45.6

45.7 43.9

40.6 37.2

38.5 32.8

37.1 37.5

43.8 44.6

35.0 38.7

34.1 35.3

42.4 36.5

37.9 40.7

36.9 36.3

35.7 39.2

34.6 34.2

35.3 39.2

34.8 38.6

33.5 33.5

33.7 38.4

39.8 37.8

39.1 40.5

44.7 42.6

54.9 44.9

40.5 40.3

39.5 37.5

35.3 39.3

36.2 36.9

39.6 40.8

46.2 53.5

56.8 55.3

36.4 38.4

37.7 37.8

40.2 39.1

38.9 Groundcover

37.9 39.2

42.6 41.3

43.1 48.7

45.9 41.7

42.8 41.6

40.1 41.3

46.6 53.7

48.4 41.3

35.8 35.1

37.6 39.4

41.5 44.3

46.5 38.8

35.4 38.8

38.9 35.2

39.8 41.5

43.3 46.6

58.0 55.9

52.8 54.4

50.4 51.7

52.8 51.9

44.1 40.2

30.4 39.1

42.6 40.5

43.1 43.5

48.8 46.1

37.1 32.4

34.5 38.5

57.6 58.1

51.6 38.7

46.3 44.2

40.6 33.7

52.4 49.7

42.9 42.5

45.8 45.8

45.8 48.8

49.2 56.5

52.8 46.3

48.6 51.0

64.6 56.2

51.7 49.8

52.1 52.3

49.2 45.5

39.7 43.5

50.8 55.1

49.1 48.1

69.3 71.1

67.2 67.4

69.6 68.1

60.8 65.2

62.3 65.7

56.2 36.1
Asph.
25 30
35 35
35 40
35 60
45 40
35 30
35 40
40 45
50 55
50 45
40 35
40 40
40 40
45 50
55 60
70 70
70 65
35 Asph.

Piles
Conc. Blocks
Groundcover
Piles
Piles TIOGA AVENUE SEVENTH WAY SIXTH WAY (N 58° 19' 31" W 5 + FS 42.00 (+2.5')
+ FS 44.75 (+1.0')
+ FS 50.00 (+0.5')

4.00%
+ FS 47.75 (+0.5')

4.00%
+ FS 49.75 (+0.5')

1.00%
+ FS 50.50 (+1.75') 4.00%

2.47%
+ FS 50.25 (+0.75')
+ FS 48.50 (+1.5')
+ 3.60%
FS 49.00 (+0.5')

2.76%
+ FS 50.00 (+0.5')

2.00%

4.60%
+
FS 43.50 (+2.0')

2.10%
+ FS 47.50 (+2.0')

2.60%
+ FS 49.50 (+1.25')

4.00%

2.86%
130°
135°
128°
137°
135°
134°
127° 138°
134°
138°
134°
135°
+
FS 49.50 (+1.0')
LEGEND
Type 2: Wood Boardwalk (< 2.5') with
Handrails and 4" Curb
Type 2: Wood Boardwalk (< 2.5') with
Handrails and 4" Curb [Alternate Route]
Type 3: Elevated (> 2.5') Wood
Boardwalk with Guardrails and 4" Curb
Steel Rod and Cable Fence
Private Property
Alternate 1: Slope
Alternate 1: Spot Elevation
Alternate 2: Slope
Alternate 2: Spot Elevation
Proposed Thermoplastic Crosswalk
Proposed Sidewalk and Gutter
Existing Sidewalk

5.00%
+ FS 54.25 (+1.75')
+ FS 50.50 (+1.75')

5.00%
+ FS 48.25 (E)
Sand

65.4 66.8

74.6 68.6

76.4 77.4

84.2 81.4

88.9 72.3

71.2 73.6

80.2 79.1

83.2 73.5

78.5 79.2

73.3 73.5

72.5 71.4

71.3 71.3

71.3 69.1

54.3 69.2

68.5 69.2

57.9 45.6

46.1 74.8

74.4 82.4

56.6 55.1

55.7 57.8

54.8 71.4

70.2 69.7

54.5 Groundcover

69.8 76.8

76.4 79.1

79.9 83.8

81.3 80.4

81.3 85.6

56.3 73.8

73.8 72.9

72.9 72.9

72.2 74.3

72.4 73.7

76.4 75.6

74.7 72.2

72.7 73.2

72.8 71.6

71.4 77.6

73.2 65.8

73.2 72.5

72.1 71.7

69.9 70.4

72.0 65.4

67.8 75.9

83.9 81.8

87.7 88.2

80.0 87.4

86.9 Asph. 67.7

90.1 70.4

69.9 69.6

70.2 70.3

69.3 68.9

67.4 66.8

67.6 68.6

68.4 69.6

66.4 66.8

70.5 65.6

65.9 Asph.
45 50
55 55
70 70 6560
80 75
80 85
80 75
70 Dense Trees
Dense Trees
Conc.

Asph.
100

73.08 STOP STOP
STOP

DUNES DRIVE
Street 50' Wide)
Groundcover

35.3 59.3

88.2 88.9

87.1 83.9

78.1 71.5

85.8 84.5

68.7 63.4

84.7 83.5

66.6 59.1

55.5 81.1

75.5 71.7

66.1 61.4

68.2 69.1

70.8 66.6

62.3 58.5

68.5 71.6

64.6 65.0

61.5 58.5

64.2 63.1

60.4 60.8

46.1 42.5

56.1 55.1

50.7 36.3

82.4 48.0

50.5 52.8

52.7 48.3

44.8 35.0

40.1 44.4

43.3 56.9

57.9 59.5

61.0 61.6

67.6 66.3

66.8 67.8

63.7 60.4

63.4 62.9

62.8 58.8

62.9 65.6

68.6 67.9

66.1 66.4

66.9 70.5

67.6 68.1

64.1 60.5

46.1 38.8

43.9 68.5

58.0 59.3

70.2 72.3

76.1 75.4

73.1 71.2

74.2 73.7

76.9 79.8

78.1 76.9

63.5 80.9

79.8 78.7

76.8 83.8

86.4 89.6

87.0 87.5

86.1 82.5

72.9 83.1

81.5 88.3

71.4 58.8

61.1 86.2

88.2 87.8

86.5 86.3

87.4 88.8

84.2 Asph.

Asph.
35 35
40 45
50 50
45 40
45 45
70 65
60 60
50 55
65 70
75 85 75
80 (A City Street 50' Wide)

SAND CITY COASTAL TRAIL
LOCATION: SAND CITY, CA
DATE: 10/29/2024
PROJECT NUMBER: 24.021
WEST DUNES TRAIL ALIGNMENT - 1
SCALE: 1"= 20'-0"
20 0
20 40 MATCHLINE F

MATCHLINE E

MATCHLINE D

MATCHLINE E
236
Pipe
Asph.

Groundcover
Groundcover
Groundcover
Tank
Groundcover

20.9 19.6

19.7 23.4

15.0 22.4

19.3 19.4

12.8 13.2

19.5 19.5

21.2 20.1

17.1 21.4

21.3 21.4

27.3 20.9

24.9 18.2

25.5 18.0

18.2 22.4

21.7 16.4

16.3 16.3

21.6 21.1

21.2 21.5

21.1 22.6

22.4 21.5

23.0 22.6

20.9 21.4

17.1 22.7

23.4 20.4

21.8 19.4

24.8 23.6

24.1 21.1

24.3 27.8

26.9 26.2

17.4 16.2

31.6 26.0

29.0 27.1

15.3 28.1

32.0 14.4

16.2 17.4

14.4 15.6

13.5 28.8

13.9 17.0

28.9 28.3

31.7 31.1

28.6 32.2

20.4 17.7

15.8 16.9

17.5 16.5

26.7 30.4

27.1 28.5

31.6 31.7

30.8 14.4

17.8 18.8

19.8 26.7

25.7 19.1

18.9 18.0

22.8 18.8

22.3 23.1

16.7 18.1
Groundcover

27.4 27.7

26.2 28.5

30.0 25.4

25.4 24.7

21.5 23.2

24.7 20.7

29.4 31.1

26.0 27.4

24.6 24.0

25.5 25.9

19.4 24.6

23.3 23.1

22.9 23.6

22.7 20.7

20.7 23.4

21.9 21.6

21.4 19.6

18.5 23.3

26.2 21.4

25.5 24.7

26.0 20.4

18.9 18.2

21.2 21.1

25.8 21.2

21.7 21.6

22.2 19.4

21.7 21.7

21.4 24.4

27.1 13.0

19.3 12.8
Rocks

20.1 28.1

27.8 20.4

23.2 20.9

22.4 21.6

20.6 19.7

19.8 19.9

20.9 19.3

19.1 18.7

19.1 19.3

23.5 28.1

19.2 27.7

19.6 20.3

19.3 19.8

20.2 19.4

19.4 22.4

22.5 22.4

19.5 19.9

20.0 20.5

26.1 26.8

25.9 26.6

25.6 30.6

31.6 31.9

29.9 29.2

30.5 27.4

24.8 25.5

26.6 24.9

20.2 19.4

19.7 19.3

19.1 19.3
Asph.

15.7 17.3

26.3 Sand

19.3 19.7
Groundcover

30.7 17.2

20.5 15.3

29.3 31.4
Gate
Conc.

23.4 Groundcover
Conc.

18.9 21.3
Gate
Conc.

Tank

21.2 Conc.

Groundcover
Pipe
15 20
25 30
30 30 30
30 30
20 20
25 30
25 25
20 20
25 30 30
15 20
20 20
25 25
25 Groundcover
17 23.31
11 19.47
N 2,119,400
CLEAR
KEEP

VISTA DEL MAR
SNF
(A City Street 50' Wide)
VOL. 3 C & T PG. 8
Sand

32.3 39.9

33.0 41.2

42.9 29.9

31.9 53.7

41.7 31.1

30.0 31.4

51.9 50.2

34.9 36.1

51.7 43.9

41.2 42.7

49.8 44.1

43.9 41.3

51.8 40.6

36.1 36.6

37.8 40.7

40.5 42.1

39.3 34.1

35.7 36.4

45.4 35.0

33.1 33.0

48.5 40.0

38.2 36.7

37.5 30.3

33.1 34.3

22.3 39.1

36.3 26.7

26.1 27.8

29.6 27.7

29.8 31.5

34.7 38.5

30.7 31.7

55.8 54.7

31.8 31.0

34.9 34.6

36.2 37.5

34.3 35.5

37.7 43.7

45.3 39.2

39.8 38.8

37.1 37.8

41.6 36.5

50.1 41.0

37.4 37.3

33.5 36.8

38.1 40.1

45.1 45.5

52.2 38.3

42.5 42.4

55.6 37.4

42.7 38.9

42.7 44.9

44.8 52.8

51.8 46.2

46.4 45.5

38.6 36.5

47.5 48.1

51.3 52.6

54.6 53.7

53.1 54.7

50.1 49.8

48.4 49.5

53.7 46.9

53.7 52.8

38.3 36.5

34.5 41.2

41.5 43.2

50.5 39.1

38.2 38.5

38.8 33.7

38.8 35.1

34.4 37.3

37.8 39.7

33.9 32.6

31.3 32.1

31.8 34.2

37.2 36.8

30.2 31.3

29.1 37.3
55 30
50 45
40 35
40 40
35 45
50 35
30 53.5

NINTH WAY

EIGHTH WAY
+ FS 52.50 HP (+0.5')

1.00%
+ FS 51.00 (+3.0')

4.20%
+ FS 44.50 (+3.5')

3.00%
+ FS 37.00 (+0.75')

4.95%
132°
133°
135°
132°
+ FS 48.50 (+4.00')
126°
118°
+ FS 48.00 (+4.25')

4.72%

2.80%

3.50%
132°
+ FS 42.50 (+0.5')
Sand
Groundcover
Groundcover

38.3 39.2

32.0 34.7

15.2 33.3

33.5 10.2

12.2 17.3

31.6 34.1

14.2 16.2

18.1 32.4

36.6 16.4

33.4 11.6

14.3 35.2

38.8 8.6

10.2 12.2

16.3 18.4

34.4 8.2

19.5 26.1

36.2 9.5

13.4 15.3

17.4 6.9

16.2 7.3

36.7 37.0

37.6 19.8

16.7 14.4

11.4 14.4

11.5 6.4

36.9 36.7

35.8 36.1

38.8 37.8

35.7 34.3
Groundcover

35.1 35.5

38.6 19.7

16.6 14.7

11.6 8.2

8.4 38.4

22.0 18.5

21.3 18.1

9.0 11.5

13.7 8.8

9.2 11.5

13.5 15.6

11.8 6.9

10.7 12.8

14.5 16.7

7.2 37.7

35.5 35.2

34.1 33.6

33.1 35.3

32.7 31.8

34.6 35.0

35.3 33.7

33.7 32.6

32.0 31.3

30.9 32.8

34.0 18.8

15.5 13.8

9.8 12.0

12.8 16.0

18.1 14.1

14.9 13.0

10.4 16.9

18.9 18.6

36.3 33.7

34.6 30.4

13.9 17.0

18.7 33.0

30.4 32.1

30.0 31.4

29.7 28.9

32.2 32.7

29.2 28.7

29.6 29.3
40 35
35 35
10 15
20 25
30 35
35 OCEAN VIEW AVENUE
(A City Street 50' Wide)
+
FS 36.25

1.37%
LEGEND
Type 1: At Grade Wood Boardwalk (< 8")
with 4" Curb
Type 3: Elevated (> 2.5') Wood
Boardwalk with Guardrails and 4" Curb
At Grade Asphalt Trail
Private Property
Alternate 1: Slope
Alternate 1: Spot Elevation

5.00%
+ FS 54.25 (+1.75')

SAND CITY COASTAL TRAIL
LOCATION: SAND CITY, CA
DATE: 10/29/2024
PROJECT NUMBER: 24.021
WEST DUNES TRAIL ALIGNMENT - 2
SCALE: 1"= 20'-0"
20 0
20 40 MATCHLINE F

MATCHLINE G MATCHLINE H MATCHLINE H

MATCHLINE G
237
SuperDecks Boardwalk Example B

EXHIBIT
238
239
Proposed Restoration Area C

EXHIBIT
240
West Dunes Restoration Area
Sand City Coastal Trail
0 300 feet
Exhibit C
Source: Monterey County GIS 2024,
Google Earth 2024 Restoration Area
Tioga Ave.

State Route 1
Sand Dunes Dr.

West Bay St.

Privately Owned Parcels
Note: Privately owned parcels are not
included in the restoration area
241
Coastal Hazards Map
ATT
D

ACHMENT
242
243

AGENDA ITEM
9E.

Sand City Multiuse Trail Conceptual Plans
244
City of Sand City

STAFF REPORT
TO: Mayor and City Council
FROM: Zane Mortensen, Contract Associate City Planner/EMC Planning SUBJECT: Sand City Multiuse Trail – Conceptual Plans
DATE: November 5, 2024
_______________________________________________________________________ BACKGROUND:

In 2023, City Staff and EMC Planning Group applied for the Monterey Bay Air Resources District’s (MBARD) Clean Air Management Program for grant funding to support planning efforts for the construction of a Multiuse Trail in the City of Sand City (the “City”). On March 19th, 2024, MBARD approved grant funding in the amount of $205,000 for the City to prepare preliminary plans and a conceptual design for an approximately 1-mile pedestrian and bicycle trail segment within the TAMC railway corridor extending through both Sand City and the City of Seaside. On May 8th, 2024 the Association of Monterey Bay Governments (AMBAG) approved grant funding in the amount of $1,960,000 for the partial cost of constructing the trail. EMC and City Staff have worked closely with the City’s grant writer to seek additional funding to both complete the planning of the trail as well as the future construction. This trail project is being referred to as the ‘Sand City Multiuse Trail’.

Project Goals:

The Monterey Bay Coastal Recreation Trail spans 18-miles from Pacific Grove to Castroville. However, there is a gap in the trail system within the City from the intersection of Canyon Del Rey Boulevard (State Route 218) and Del Monte Avenue to the State Route 1 onramp at the City’s northern boundary. As a result, trail users are diverted approximately 2-miles onto City streets crossing under State Route 1 and behind the Sand Dollar shopping center before reconnecting with the regional trail system.

The Sand City Multiuse trail aims to close that gap in the regional trail system. The trail project will significantly improve trail connectivity for Sand City residents and visitors, enhancing access to parks, schools, workplaces, and other destinations. The project will be designed to meet ADA accessibility standards, ensuring that the trial provides access for people of all abilities. The trail also makes it easier for people to walk and bike to public transportation, reducing the need for car trips, and supporting a more sustainable transportation network. By promoting non-motorized travel, the project will help lower air pollution and greenhouse gas emissions.
245
The project also includes trailside parking facilities that offer convenient access to both existing and future transit hubs. This will enhance the overall convenience and safety for those using non-motorized travel options to connect with public transit.

The proposed trail alignment will run directly alongside the recently approved 214-room hotel and 356-unit multi-family residential project, known as the South of Tioga development, which includes 52 deed-restricted affordable units. The implementation of the Multiuse Trail will offer future residents and visitors a safe, dedicated access to the regional trail system.

DISCUSSION:

City Staff has been working with its consultant team, which includes EMC Planning Group, BFS Landscape Architects, Harris Engineers, Polaris Land Surveying, and TL Engineering, to prepare technical studies and conceptual design plans for the project. The draft conceptual plans include the proposed trail alignment, pedestrian crossings, vehicle intersection safety improvements, locations of wayfinding signage, lighting, and trailside parking facilities.

The draft conceptual plans have been prepared after a number of project site visits, technical studies, and stakeholder engagement. Various technical studies have been completed to help the consultant team understand the site constraints and to ultimately inform the trail alignment so that the trail will be sited and designed in a way which is sustainable over time. The constraints that the consultant team has considered include:
site topography, special-status species, existing trees, property boundaries, existing use, trail lighting, regional connectivity, and safe pedestrian/cyclist access. The trail alignment and project components were developed based on the findings of these technical studies.

The MST SURF! project will integrate with the bike trail by creating a safe and accessible connection across Playa Avenue and California Avenue. As part of the City’s requirements for the MST SURF! project design, intersection improvements will be made to enhance pedestrian and cyclist safety, including updated crosswalks, signals, and signage. These enhancements will ensure a continuous, secure route for users, linking the MST SURF! development to the bike trail, greatly improving overall regional connectivity.

Project Description:

Trail Alignment
An overview of the trail specifications and conceptual design has been prepared for a presentation at the November 5th City Council meeting. The presentation will provide a 246
walkthrough of the preliminary trail alignment and a detailed explanation of key project components.

The proposed multiuse trail system will span approximately one mile within the TAMC railway corridor, connecting the existing recreational trail system at the Del Monte Boulevard and Canyon Del Rey Boulevard intersection in the City of Seaside to the future MST SURF! station located at the intersection of Playa Avenue and California Avenue.

The trail will also offer direct access to the West End District at Holly Street and Ortiz Avenue, as well as connections to the Coastal Trail along Tioga Avenue.

For most of the alignment, the trail will consist of two distinct paths—one 8-foot-wide path designated for pedestrians and a 12-foot-wide path designated for cyclists—designed to provide a safer and more efficient experience for all users. A 12 mile per hour speed limit will be applied for all cyclist travel to ensure trail safety and maintain regulatory consistency with the existing regional trail network. The trail also features ample landscaping, creating a green belt along the City’s and Seaside’s border, enhancing both the aesthetics and environmental value of the area.

The project will improve pedestrian safety at key intersections, ensuring safer crossings.

Parking facilities are strategically placed throughout the design to provide easy access to the trail and nearby transit hubs, ultimately reducing traffic congestion across the City by promoting non-motorized and public transportation options. Exhibit A, Draft Conceptual Plans, shows the trail alignment.

Trail Alignment within the City of Sand City
The majority of the proposed trail, approximately 0.8 miles, lies within the City’s limits, extending from the future MST SURF! project site at the intersection of Playa and California Avenue to the city’s southern boundary at Olympia Avenue.

Pedestrians and cyclists headed south will access the trail at the southeast corner of the Playa and California Avenue intersection, just south of the planned rapid bus transit station. Upon entering the railway corridor, the trail splits into two designated pathways, with cyclists directed to the east and pedestrians to the west. The paths merge again to guide users toward the established crossing at Tioga Avenue. Past Tioga Avenue, the trails separate once more after reentering the railway corridor, running parallel to one another for approximately 0.6 miles until reaching Contra Costa Street. The pathways then merge once again to guide users safely across Contra Costa Street, continuing to the City limits at Olympia Avenue.
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Trail Alignment within the City of Seaside
The southern most end of the proposed trail -approximately 0.2 miles – will be located within the City of Seaside, running from the City limit at Olympia Avenue to the existing Monterey Bay Coastal Recreation Trail at the intersection of Del Monte Avenue and Canyon Del Rey Boulevard (State Route 218). Due to the topography of the railway corridor in Seaside, the pedestrian and cyclist trails merge for approximately 0.1-miles until reaching the northwest corner of what is currently the Starbucks property. At this point, the trails diverge, with pedestrians being directed toward Canyon Del Rey Boulevard (State Route 218) and cyclists toward Del Monte Avenue.

To ensure safe and clear guidance, trail signage and embedded sidewalk markers will be installed along Del Monte Avenue and Canyon Del Rey Boulevard, directing pedestrians and cyclists to the established crossing, ensuring safe access to the regional trail system.

Several options are currently being investigated as a possible means to design a “Protected Intersection” at Canyon Del Rey (State Route 218) and Del Monte. These options include the construction of bulb outs and curb extensions, split crossings, expand or improve sidewalks, physical barriers separating traffic and cyclists, as well as directional signage, sidewalk markers, and painting for better navigation.

Trail Lighting
The proposed multiuse trail will feature strategically placed lighting along its entire length, enhancing safety and accessibility for all users during early morning and evening hours.

Lighting will improve visibility, reducing the risk of accidents for pedestrians and cyclists and creating a safer environment for trail users after dark. Additionally, well-lit trails have been shown to deter unwanted activity, increasing the sense of security for the community.

This lighting will also support extended usage of the trail, encouraging more people to choose walking or cycling as alternatives to car travel.

Trailside Parking Facilities
The preliminary project design includes a total of 228 new parking spaces incorporated at the following locations:
 Seventy (70) parking spaces between Playa Avenue and Tioga Avenue. Parking will facilitate one way vehicle traffic with motorist entering from Tioga Avenue and exiting onto Playa Avenue;
 Twenty-four (24) parking spaces adjacent to California Avenue directly east of the South of Tioga development area. Parking will facilitate one way vehicle traffic with motorist entering from and exiting on California Avenue; and 248
 One hundred and thirty-five (135) parking spaces from the southern boundary of the Granite Rock property to Contra Costa Street. Parking will facilitate one way vehicle traffic with motorist entering from Contra Costa Street and exiting onto either Holly Street/Ortiz Avenue or Redwood Avenue.

Intersection Improvements
When designing the trail, careful consideration was given to pedestrian crossings at intersections to ensure safety and accessibility, including the following factors:
 Visibility of pedestrians for drivers
 Adequate signage and signals
 Crosswalk markings and lighting
 Timing of traffic signals for pedestrian flow
 Accessibility for people with disabilities
 Potential for traffic calming measures
 Installation of rapid flashing beacons
 Implementation of raised crosswalks
 Proximity to public transit stops
Trailside Gathering Area
A gathering area is proposed as part of the trail design near the trail terminus at Canyon Del Rey. The gathering area will consist of a large pave area adjacent to the trail system but outside of the established path of travel. Gathering areas commonly contain lighting, informational signage, bicycle parking, and seating options, such as benches and/or picnic benches.

These areas within a trail system enhance traffic safety by providing a designated space for trail users to gather and organize before entering or crossing busy roads or intersections. This reduces congestion at key access points and minimizes the risk of accidents by allowing cyclists and pedestrians to pause, coordinate, and safely proceed together. It also helps prevent trail users from unexpectedly entering high-traffic areas, improving overall safety for both trail users and motorists.

Technical Studies:

Aerial Surveys
Aerial site surveys were conducted by the City’s land surveyor (Lynn Kovach, Polaris Land Surveyors) as part of the trail project to capture detailed, high-resolution imagery and data from above the proposed trail alignment (see Exhibit B, Aerial Site Survey).

These surveys provided a comprehensive view of the project boundaries, topography, 249
and existing land use, enabling the project team to identify potential site constraints such as elevation changes, vegetation, and nearby infrastructure. This data is essential in planning the trail’s alignment, ensuring that both pedestrian and cyclist paths are designed safely and efficiently. The aerial surveys also helped inform decisions regarding landscaping, signage placement, and parking facilities.

Focused Plant Surveys
Focused plant surveys were conducted on May 7, and May 8, 2024. The results of these surveys have been taken into consideration in the trail alignment. The results of the focused plant surveys are included in Exhibit C, Focused Plant Surveys.

Stakeholder Engagement
The project was initial presented to City Council on December 16, 2023, for direction and authorization to proceed with the conceptual project design. Since receiving the City Councils’ approval to advance the project, ongoing stakeholder engagement for the trail project has included meetings with the City of Seaside, preliminary meetings with TAMC staff, a presentation to the TAMC Rail Committee on January 8th, 2024, and at the TAMC Board of Directors meeting on February 28th, 2024, as well meetings with existing leaseholders within the railway corridor. Community outreach has also been conducted at the City’s West End festival, 831 Night Market, and through the City’s quarterly newsletter. These discussions have helped shape the project’s design and alignment. In general, the project has received strong support and enthusiasm from the relevant stakeholders, including letters of support from MST; TAMC; the cities of Del Rey Oaks, Monterey; Pacific Grove; Seaside, Marina, CSUMB, the Monterey Unified School District, the Monterey County Board of Supervisors; and Supervisor Askew, reflecting a shared commitment to improving regional connectivity and enhancing the community.

Next steps
As the project progresses, the next steps will involve refining the 10% conceptual design drawings, detailing specifications for trail improvements, and preparing CEQA environmental review documentation. If Council approves moving ahead to 30% design based on the current concept, City staff will work with the City of Seaside, and TAMC staff before advancing the design to 30% completion. City staff will continue collaborating with EMC Planning Group to pursue additional grant funding to support the remaining costs for finalizing project plans and future construction.

CEQA: Environmental documentation will be prepared following the City Council agreement with the 10% design plans.

RECOMMENDATION: Receive a presentation of the draft conceptual plans, discuss the trail with staff and direct staff to advance the plans to 30% design including initiating CEQA 250
documentation. The plans will be refined based on input received from Council Members, TAMC, the City of Seaside, and members of the public.

FISCAL IMPACTS: The cost of the preliminary project design is covered by grant funding obtained through MBARD. However, funding has not yet been secured to complete the final project plans, design, and construction. EMC and City Staff will continue to pursue funding opportunities to cover the cost of the remaining planning, design, and construction efforts.

ATTACHMENTS:

1. Exhibit A, Draft Conceptual Plans

2. Exhibit B, Aerial Site Survey

3. Exhibit C, Focused Plant Surveys
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AeccDbCogoPoint (AeccLand130)
AeccDbCogoPoint (AeccLand130)
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AeccDbCogoPoint (AeccLand130)
AeccDbCogoPoint (AeccLand130)
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AeccDbCogoPoint (AeccLand130)
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24.022 CITY OF SAND CITY MULTIUSE TRAIL IMPROVEMENTS PROJECT L-1.1 MULTIUSE TRAIL PLANTING

LANDSCAPE LEGEND
Landscape Type 1
Landscape Type 2
Shade Trees - Trail
Shade Trees - Parking
Ornamental Trees
Starbucks
135 Parking
Spaces
Bicycle Only Trail
8' Pedestrian Trail
12' Bicycle Trail
14' Combined Trail
with 3' Planting Strips
on Both Sides
3' Planting Strip
SPISWSID SIGNAGE LEGEND Wayfinding Sign, Post-mounted
Interpretive Sign, Handrail-mounted
Trail ID: Bronze Sidewalk Plaque
Trail ID: Post-mounted Sign
Colored
crosswalks
Potential Pedestrian
Crossing
Improvements:
colored crosswalk,
arrows, or signage

IS SP WS SP WS WS WS ID SPSPSPSP SP SP SP SP SP SP
Bicycle Safe
Route of Travel
Pedestrian Safe
Route of Travel
Monterey Bay Trail
To Coastal Trail
Colored
Crosswalk
Colored
Crosswalk
8' Pedestrian Trail
14' Combined Trail
12' Bicycle Trail with No Planting Strips
3' Planting Strip
14' Combined Trail
with 3' Planting Strips
on Both Sides
Proposed Left
Hand Turn Lane
into Parking Area
ID ID
Rapid
Flashing
Beacon
252
AeccDbCogoPoint (AeccLand130)
AeccDbCogoPoint (AeccLand130)
AeccDbCogoPoint (AeccLand130)

24.022 CITY OF SAND CITY MULTIUSE TRAIL IMPROVEMENTS PROJECT L-1.2 MULTIUSE TRAIL PLANTING

LANDSCAPE LEGEND
Landscape Type 1
Landscape Type 2
Shade Trees - Trail
Shade Trees - Parking
Ornamental Trees
50' of the right of
way utilized
Graniterock
Monterey
Mixed Office /
Retail Building
(potential cafe
space)
Colored
crosswalks
15' Radius 30' Radius
8' Pedestrian Trail
12' Bicycle Trail
Patio Trees
and No
Planting Strip
in Cafe Space
3' Planting Strip New Fence
24 Parking
Spaces
Graniterock
Monterey Porsche Dealership
8' Pedestrian Trail
Striped Crosswalk
12' Bicycle Trail
3' Planting Strip 14' Combined Trail
with 3' Planting Strips
on Both Sides
New Fence
~3,300 sq ft of
the 100' right of
way utilized SPISWSID SIGNAGE LEGEND Wayfinding Sign, Post-mounted Interpretive Sign, Handrail-mounted
Trail ID: Bronze Sidewalk Plaque
Trail ID: Post-mounted Sign
WS WS Tesla Storelli Brothers
70 Parking
Spaces
8' Pedestrian Trail
12' Bicycle Trail
No Planting
Strips Along
Bicycle Trail
3' Planting
Strips on Both
Sides of
Pedestrian Trail
14' Combined Trail
with 3' Planting
Strips on Both Sides ID
Directional sign to
Sand City Coastal Trail
To Coastal Trail
253
AeccDbCogoPoint (AeccLand130)

24.022 CITY OF SAND CITY MULTIUSE TRAIL IMPROVEMENTS PROJECT L-1.3 MULTIUSE TRAIL PLANTING

LANDSCAPE LEGEND
Landscape Type 1
Landscape Type 2
Shade Trees - Trail
Shade Trees - Parking
Ornamental Trees

LANDSCAPE LEGEND
Landscape Type 1: California native low shrubs, groundcovers and perennials

HESPEROCYPARIS MACROCARPA

MONTEREY CYPRESS

PINUS RADIATA

MONTEREY PINE

TREE LEGEND
Shade Trees - Trail

LANDSCAPE LEGEND
Landscape Type2: California native grasses with selected wildflowers, tall shrubs and trees

ARCTOSTAPHYLOS

MANZANITA

CEANOTHUS

CALIFORNIA LILACS

TREE LEGEND
Shade Trees - Parking

LAGUNARIA PATERSONIA

PRIMROSE TREE

TREE LEGEND
Ornamental Trees

ARBUTUS MARINA

STRAWBERRY TREE
Future MST Terminus (Not
part of Multiuse Trail Project)
8' Pedestrian Trail
No Planting
12' Bicycle Trail
Strips Along
Bicycle Trail
3' Planting
Strips on Both
Sides of
Pedestrian Trail
14' Combined Trail
with 3' Planting
Strips on Both Sides
MST Trail
Pedestrian Crossing
Improvements not part of
Multiuse Trail Project
SPISWSID SIGNAGE LEGEND Wayfinding Sign, Post-mounted
Interpretive Sign, Handrail-mounted
Trail ID: Bronze Sidewalk Plaque
Trail ID: Post-mounted Sign
ID
Safe Route from
Multiuse Trail to
MST Terminus
WS
Directional sign to
Sand City Coastal Trail
To Coastal Trail 254
OLYMPIA AVE. CONTRA COSTA STREET (5 TH ST.) S.P.R.R. DEL MONTE AVE.

CANYON DEL REY BLVD. ROBERTS AVE. S.P.R.R. OLYMPIA AVE. CONTRA COSTA STREET (5 TH ST.) HOLLY STREET DIAS AVE. ORTIZ AVE. S.P.R.R. S.P.R.R. THE BEARING OF N 00°00'00" E ALONG THE RANCHO BOUNDARY LINE AS SHOWN ON THE MAP RECORDED IN VOLUME xx OF SURVEYS AT PAGE xx AS FOUND MONUMENTED, WAS TAKEN AS BASIS OF BEARINGS SHOWN UPON THIS MAP. BASIS OF BEARINGS NOTES 1. DISTANCES ARE EXPRESSED IN FEET AND DECIMALS THEREOF. SCALE IN FEET 0 60' 120' 180' SURVEY OF PROPOSED ROUTE OF MULTI USE TRAIL WITHIN SAND CITY, MONTEREY COUNTY, CALIFORNIA SCALE: 1" = VIEW: DATE: FILE NAME: JOB # PREPARED FOR: SURVEYED BY: POLARIS LAND SURVEYING CARMEL VALLEY, CA 93924 P. O. BOX 1378 831-659-9564 50' SAND CITY BASEMAP D2 EMC PLANNING July 16, 2024 24-143 Sheet 2 of 2 255
SHAKE AVE.

VOL. 24 C & T PG. 82 PARCEL R2 PARCEL H1 SCOTT ST.

CALIFORNIA AVE.

HOLLY STREET
DIAS AVE.

DIAS AVE. ORTIZ AVE. S.P.R.R. S.P.R.R.

CALIFORNIA AVE. MORGAN'S WAY PARCEL H2
PARCEL H2A
PARCEL H1A 412.91' S.P.R.R. CALIFORNIA AVE. SCALE IN FEET 0 60' 120' 180' SURVEY OF PROPOSED ROUTE OF MULTI USE TRAIL WITHIN SAND CITY, MONTEREY COUNTY, CALIFORNIA SCALE: 1" = VIEW: DATE: FILE NAME: JOB # PREPARED FOR: SURVEYED BY: POLARIS LAND SURVEYING CARMEL VALLEY, CA 93924 P. O. BOX 1378 831-659-9564 60' SAND CITY BASEMAP D2 EMC PLANNING July 16, 2024 24-143 Sheet 2 of 2 SCALE IN FEET 0 60' 120' 180' 256
!(
!(!(!(!(!(
!(!(
Ortiz Ave.

Del Monte Blvd.

Contra Costa St.

Broadway Ave.

Holly St.

State Route 1
0 250 feet Source: ESRI 2024, City of Sand City 2024, EMC 2024 Figure 1
Habitat Map West
Cal Trans Sustainable Communities Grant
!( Coast live oak Ornamental Ruderal Developed
California Ave.
257
!(
!(
!(
!(
!(
!(
Del Monte Blvd.

Holly St.

Tioga Ave.

Fremont Blvd.

Del Monte Blvd.

State Route 1
0 250 feet Source: ESRI 2024, City of Sand City 2024, EMC 2024 Figure 2
Habitat Map East
Cal Trans Sustainable Communities Grant
California Ave.
!( Ceanothus Ornamental
Ruderal Developed Coastal Scrub Monterey Spineflower
Planted Cypress and EucalyptusTrees
!( Toyon !( Blue witch
!( Coast live oak !( Arctostaphylus pumila
258

AGENDA ITEM
9F.

Approve a Resolution to Amend the
Professional Service Agreement with EMC
Planning Group, Inc for Fiscal Year 2024-
2027 (Resolution SC 24-50) to Include the
Addition of $180,000 for Each Year of the
Agreement to Cover Costs Related to
Long-Range Planning and Special Projects
Through June 30, 2027
259
City of Sand City

STAFF REPORT
TO: Honorable Mayor and City Council
FROM: Audrey Cray, HR/Risk Manager
SUBJECT: Authorize an Amendment to the Professional Service Agreement (PSA) with EMC Planning Group, Inc for General Planning Services for Fiscal Year 2024-25 to Fiscal Year 2027-2028.

DATE: November 5, 2024
_______________________________________________________________________ BACKGROUND/DISCUSSION:

On July 18, 2024, Council approved a three-year agreement with EMC Planning Group, Inc for General Planning Services in the amount of $455,000 for Year 1 and a 5% increase for the two subsequent years.

Staff has identified a need to increase the contract amount for all three years in the amount of $180,000 for each year of the three-year contract. The City, in partnership with EMC Planning Group, Inc, has aggressively sought and been successful in receiving multiple grants that will fund a large variety of long-range and special projects. The original General Planning Services Scope of Work did not encompass the depth and breadth of the additional work necessary to apply for these grants, nor the complexity of other special projects.

This budget amendment will allow EMC Planning Group Team to annually support the City Staff by performing Planning Services for both the day-to-day activities as well as the long-range projects that advance the City’s vibrancy and vision for an artist community and sustainable City. Examples of long-range/special projects that would fall under this type of budget include:
• Affordable Housing associated work including the Art Park visioning and Phase 1 review (Pro-Housing and Permanent Local Housing allocation grant)
• California Emerging Technologies Fund and city broadband (grant funded)
• Cannabis Ordinance and Implementation (Grant funded and Underway)
• New grants coordination and preparation of grant application materials in collaboration with the City Manager and City Grants Consultant
• East Dunes Residential Project agreements, meetings with private property owners, assist with negotiation of agreements, 260
work towards a City-wide Incidental Take Permit (ITP)
• Parking Plan implementation
• Annual Progress Report submittal to HCD and OPR
• Sand City Developments (e.g., Eco Resort, King Project, etc,) • West End Stormwater Project support to City Engineer
• Marketing Services – Sand City Newsletter and City Web Site Maintenance
The City Manager, EMC Planning Group and other City Staff and Departments have written and applied for grant funding to support the City’s budget and begin implementation of a handful of visionary projects that have been advocated for by City Staff and the City Council.

CEQA:

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

FISCAL IMPACT:

An additional approximation of $180,000 will be included in the FY 2024-25 Requested MidYear budget to be brought forward to Council on a later date which will include the dollar amount not covered by reimbursement agreements and grants; future years will be included for approval during the budget process.

RECOMMENDATION:

Staff recommends APPROVAL of the attached resolution to direct the City Manager to amend the three-year agreement with EMC Planning Group to provide professional planning services to the City, as described herein, in an amount not to exceed $635,000 for fiscal year 2024-25, with a 5% increase per fiscal year through the term of the contract.

ATTACHMENTS:
 Resolution
 Amendment to the Agreement
 Staff Report
 Exhibit A
261

CITY OF SAND CITY
RESOLUTION SC , 2024

RESOLUTION OF THE CITY COUNCIL OF SAND CITY TO AMEND THE

PROFESSIONAL SERVICE AGREEMENT WITH EMC PLANNING GROUP, INC FOR FISCAL YEAR 2024-2027 (RESOLUTION SC 24-50) TO INCLUDE THE ADDITION OF $180,000 FOR EACH YEAR OF THE AGREEMENT TO COVER

COSTS RELATED TO LONG-RANGE PLANNING AND SPECIAL PROJECTS THROUGH JUNE 30, 2027
WHEREAS, the City of Sand City (the “City”) has no in-house staff resources within its Community Development and Planning Departments; and
WHEREAS, for over 40 years, EMC Planning Group, Inc. (EMC) has provided responsive and quality planning related services with locally accessible staff and office location for the City of Sand City; and
WHEREAS, EMC Planning Group is under contract to provide the City with on-call Planning Support Services for Fiscal Years 2023-24, 2024-25, & 2025-26; and WHEREAS, the City of Sand City is currently working on a number of projects within the City which go beyond the scope of EMC Planning Group’s original scope of work for on-call Planning Support Services; and
WHEREAS, the City finds it benefits the growth of the City to have EMC Planning Group, Inc continue to assist the on-call Planning Support services as well as long-range planning projects; and
WHEREAS, the scope of Planning Services outlined in Exhibit A of the Amendment to the Agreement, attached hereto and incorporated herein by this reference, for the fiscal year 2024-2025 providing long-range planning and special projects, including but not necessarily limited to:
 Cannabis Ordinance and program development
 Affordable Housing associated work including the Art Park visioning and Phase 1 review (Pro-Housing and Permanent Local Housing allocation grant)  New grants coordination and preparation of grant application materials in collaboration with the City Manager and City Grants Consultant  East Dunes Residential Project agreements, meetings with private property owners, assist with negotiation of agreements, work towards a City-wide Incidental Take Permit (ITP)
 Parking Plan implementation
 Annual Progress Report submittal to HCD and OPR
 Sand City Developments (e.g., Eco Resort, King Project, etc.)  West End Stormwater Project support to City Engineer; and 262
 Marketing Services – Sand City Newsletter and City Website Maintenance WHEREAS, EMC Planning Group, Inc. will maintain a current business license.

NOW, THEREFORE, BE IT RESOLVED that the City Council of Sand City does hereby authorize the City Manager to amend Sand City’s existing agreement for Planning Related Services (Resolution SC 24-50) into an agreement for Planning Related Services with EMC Planning Group, Inc., to add $180,000 per year of the three year agreement, to EMC Planning Group’s existing contract for at a cost not to exceed $635,000 for Fiscal Year 2024- 2025.

PASSED AND ADOPTED by the City Council of the City of Sand City this 5th day of November 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
___________________________
Mary Ann Carbone, Mayor
ATTEST:

DATED: ____________________
____________________________
Kerry Lindstrom, City Clerk
263
1 FIRST AMENDMENT TO PROFESSIONAL SERVICE AGREEMENT
WITH EMC PLANNING GROUP, INC FOR THE 24-27 GENERAL

PLANNING SERVICES AGREEMENT

THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this “Amendment”), dated November 5th, 2024, amending that certain PROFESSIONAL SERVICES AGREEMENT (“PSA”) entered into on July 1st, 2024 by and between the City of Sand City, a California municipal corporation (the “City”) and EMC Planning Group, Inc. (“Consultant”). 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 payment 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. Section “VI. Payment” is revised in its entirety as follows:
“A. The City agrees to pay CONSULTANT monthly for services performed and reimbursable costs, in accordance with the payment rates and terms and the schedule of payment as set forth in Exhibit B, attached hereto and incorporated herein by this reference as though set forth in full, based upon actual time spent on the above tasks. This amount shall not be in excess of Six Hundred and Thirty Five Thousand Dollars ($635,000) for the fiscal year 2024-25 plus a 5% increase with each fiscal year going forward (fiscal year 2025-26 and an additional 5% in fiscal year 2026-27); unless additional payment is approved as provided in this Agreement. Except as specifically authorized by City in writing, CONSULTANT shall not bill CITY for duplicative services performed by more than one person.

Fees for work performed by CONSULTANT on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit A.

Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.

RESOLUTION EXHIBIT A
Resolution SC 24-__ 2024
264
2 approve additional work not to exceed ten percent (20%) of the amount of the AGREEMENT, but in no event shall such sum exceed one hundred and twentyseven thousand dollars ($127,000). Any additional work in excess of this amount shall be approved by the City Council of Sand City.

C. CONSULTANT will submit invoices monthly for actual services performed.

Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If the CITY disputes any of CONSULTANT’s fees it shall give written notice to CONSULTANT within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice. Any final payment under this AGREEMENT shall be made within forty-five (45) days of receipt of an invoice. In no event shall CONSULTANT submit an invoice for an amount in excess of the maximum amount of compensation provided above for either a task or the entire Agreement, unless the Agreement is properly modified in writing prior to the submission of such an invoice.”
Section 2. Effect
Except as otherwise expressly set forth in this Amendment, all other terms and conditions of the PSA remain unchanged and in full force and effect. In the event there is a conflict between the terms and provisions of this Amendment and the PSA as originally executed, 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 originals. This Amendment shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns.

IN WITNESS WHEREOF, the Parties have executed this Amendment as of the date first written above.

CITY CONSULTANT
City of Sand City EMC Planning Group, Inc
By: _________________________ By:___________________________ Vibeke Norgaard Michael Groves
265
3 City Manager Senior Principle
266
September 4, 2024
Audrey Cray
City of Sand City
1 Pendergrass Way
Sand City, CA 93955
Re: Fiscal Year 2024-2025 General City Planning Services Amendment #1 (24-075) to include budget for immediate need and/or on-going Long-Range Planning requests that are not budgeted for in the General Planning Services budget.

Dear Vibeke,
This is a request from EMC Planning Group to amend the existing General Services scope and budget for City Planning to add an annual budget to cover immediate need and/or ongoing long-range planning projects that are not budgeted for in the General Planning Services budget. As an example, the City, in partnership with EMC Planning Group, has aggressively sought and been successful in receiving multiple grants that fund a wide variety of long-range and special planning projects. The original General Planning Services contract did not anticipate the depth and breadth of the additional work to apply for these grants, nor the complexity of other special projects like the Facade Improvement Program, Cannabis Ordinance, Art Park land purchase and visioning/renovation design work, the East Dunes Project, and other long-range efforts (e.g. MST Surf Bus Project).

This budget amendment will allow the EMC Planning Group Team to annually support the City Staff by providing and performing Planning Services on both General Planning Services (the day-to-day activities) and these long-range projects that advance the City’s vibrancy and vision for an artist community and sustainable City. The following are examples of projects that would fall under this type of annual budget:

Grant Funded Programs
 Cannabis Ordinance and program development;
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Vibeke Norgaard, City Manager
City of Sand City

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Sand City City CouncilNovember 5, 2024

Sand City City Council
November 5, 2024