Joint Sand City Council and Successor Agency of the Redevelopment Agency

Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 11.02.21 Regular Meeting MINUTES JOINT SAND CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY Regular Meeting - Tuesday, November 2, 2021 5:30 PM As allowed per Assembly Bill (AB361), this meeting was conducted in person and by teleconference Mayor Carbone called the meeting to order at 5:31 P.M. AGENDA ITEM 1, ROLL CALL Present: Mayor Mary Ann Carbone Council Member Cruz (virtual attendance) Council Member Sofer Council Member Hawthorne Council Member Blackwelder Staff: Aaron Blair, City Manager Vibeke Norgaard, City Attorney Connie Horca, City Clerk (virtual attendance) Charles Pooler, City Planner Brian Ferrante, Chief of Police (virtual attendance) AGENDA ITEM 2, PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by City Planner Charles Pooler. AGENDA ITEM 3, ANNOUNCEMENTS BY MAYOR, CITY ATTORNEY, AND CITY STAFF City Attorney Norgaard updated the Council on the receipt of a letter from the Department of Finance, status of the new wells, and Cal-Am’s efforts to meet with the CPUC. City Manager Blair announced an upcoming staff meeting for the South of Tioga (SOT) project, and provided project updates. Vice Mayor Blackwelder expressed interest in attending a SOT staff meeting. The Council discussed when improvements and clean-up will occur at Bay Street. City Manager Blair provided a status report regarding the present conditions of the area, undergrounding, and issues involving the Snowy Plover. There was further discussion regarding re-striping at the location. City Attorney Norgaard explained the Council and Staff roles in City development projects and suggested that a project committee can be formed if the Council desires.

Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 11.02.21 Regular Meeting Mayor Carbone mentioned the handout of the 2 nd Quarter Sales Tax Update that was provided on the dais. AGENDA ITEM 4, COMMUNICATIONS 5:50 P.M. Floor opened for Public Comment. Todd Sheller Vice President of Lyles Diversified, Inc. provided an update on the progress of the South of Tioga project, backfill on East Avenue, work progress on Morgan’s Way and Tioga, undergrounding within the perimeter, CFD documents, and future recording of the final map to replace the old East Avenue with the new East Avenue. 5:55 P.M. Floor closed to Public Comment. AGENDA ITEM 5, CONSENT CALENDAR 5A. There was no discussion of the October 19, 2021 Council Meeting Minutes. 5B. There was no discussion of the City/Successor Agency Financial Report, September 2021. Motion to approve the consent calendar items was made by Council Member Hawthorne, seconded by Council Member Sofer. Roll call Vote AYES: Council Members Blackwelder, Carbone, Cruz, Hawthorne, Sofer. NOES: None. ABSENT: None. ABSTAIN: None. Motion carried. AGENDA ITEM 6, CONSIDERATION OF ITEMS PULLED FROM CONSENT CALENDAR There were no items pulled from the consent calendar. AGENDA ITEM 7, PUBLIC HEARING 7A. Consideration of FIRST READING: City ORDINANCE to Amend Chapter 13.04 of the Sand City Municipal Code in its Entirety Pertaining to Garbage Management, Franchises, and Services (this item continued from the October 19, 2021 Council meeting ) City Planner Charles Pooler reported that the Ordinance to amend Chapter 13.04 of the municipal code is to update its content to meet California regulations and modern waste management practices. Staff has been working with the Monterey Peninsula Waste Management Districts consultants who have drafted a comprehensive model waste ordinance for the MRWMD’s member jurisdictions, and is consistent with Greenwaste Recovery’s franchise agreement. He provided the background on State legislation regarding Senate Bill 1383 (SB 1383) that impacts waste management, requiring the reduction of organic waste in landfills. SB 1383 also requires that all cities and counties in California adopt and enforce regulations pertaining to organic material collection and edible food recovery which

Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 11.02.21 Regular Meeting must take effect beginning January 1, 2022. Failure to enact or enforce such an ordinance can result in a $10,000 per day fine on the City by Cal-Recycle. The attached draft ordinance is a blend of the 2016 model ordinance and the SB 1383 model ordinance, and includes several prohibitions regarding littering, waste accumulation, etc. It also updates language identifying the City’s exclusive right to collect, manage, and regulate discarded materials to ensure the public’s health, safety, and welfare. He further reported on separation of food, what constitutes organic wase materials, food recovery, definitions of Tier 1 and Tier 2 food generators, and notice of violation. Staff recommends approval rescinding the current version of Chapter 13.04 and adoption for first reading of the updated Chapter 13.04 for consistency with current waste management industry standards and mandatory compliance with SB 1383. Mr. Pooler responded to Council Member Cruz’s inquiry regarding who is responsible for the enforcement of the notice of violation. There was discussion regarding waivers and their limits, additional waste containers, and public outreach. 6:09 P.M. Floor opened for Public Comment. Zoe Shoats, Director of Compliance with the Monterey Regional Waste Management District commented on working in collaboration with Mr. Pooler, and answered questions regarding what materials arrive at their site, provided a definition of food scraps, recycled materials turned into compost, and reported on the process of heat used to break down materials. Ms. Shoats responded to Council Member Hawthorne’s inquiry regarding meat products and what can be recycled, and also addressed Mayor Carbone’s concerns regarding odors and MRWMD’s efforts to conduct an odor study. 6:25 P.M. Floor closed to Public Comment. Motion to waive full reading of the Ordinance to amend Chapter 13.04 of the Sand City Municipal Code in its Entirety Pertaining to Garbage Management, Franchises, and Services was made by Council Member Hawthorne, seconded by Council Member Sofer. Roll call Vote AYES: Council Members Blackwelder, Carbone, Cruz, Hawthorne, Sofer. NOES: None. ABSENT: None. ABSTAIN: None. Motion carried. Motion to approve the first reading, by title only, of the Ordinance to amend Chapter 13.04 of the Sand City Municipal Code in its Entirety Pertaining to Garbage Management, Franchises, and Services was made by Council Member Hawthorne, seconded by Council Member Sofer. Roll call Vote AYES: Council Members Blackwelder, Carbone, Cruz, Hawthorne, Sofer. NOES: None. ABSENT: None. ABSTAIN: None. Motion carried. 7B. Consideration of FIRST READING: City ORDINANCE to Add Section 15.12.045 to the Sand City Municipal Code pertaining to Model Water Efficient Landscaping (this item continued from the October 19, 2021 Council meeting)

Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 11.02.21 Regular Meeting City Planner Charles Pooler reported that as part of SB 1383, jurisdictions are mandated to require compliance with Sections 492.6 (a)(3), (C), (D), and (G) of the Model Water Efficient Landscape Ordinance (MWELO). The Municipal Code does not include compliance with those sections. Monterey Peninsula Water Management District adopted MWELO requirements several years ago for itself and its member jurisdictions; however, their adoption does not satisfy SB 1383 requirements that a jurisdiction shall adopt an ordinance that requires compliance. The relevant sections of MWELO to be adopted as part of the proposed ordinance includes compost and mulch use, submittal of a landscaped design plan with a soil preparation, mulch, and amendment information. Staff recommends approval of the first reading of the attached Ordinance to add Section 15.12,045 to the Sand City Municipal Code pertaining to Model Efficient Landscaping. 6:33 P.M. Floor opened for Public Comment. There were no comments from the Public in person, via writing or through telecommunications. 6:33 P.M. Floor closed to Public Comment. Motion to waive full reading of the Ordinance to add Section 15.12.045 to the Sand City Municipal Code pertaining to Model Water Efficient Landscaping was made by Council Member Hawthorne, seconded by Council Member Blackwelder. Roll call Vote AYES: Council Members Blackwelder, Carbone, Cruz, Hawthorne, Sofer. NOES: None. ABSENT: None. ABSTAIN: None. Motion carried. Motion to approve the first reading, by title only, of the Ordinance to add Section 15.12.045 to the Sand City Municipal Code pertaining to Model Water Efficient Landscaping was made by Council Member Hawthorne, seconded by Council Member Sofer. Roll call Vote AYES: Council Members Blackwelder, Carbone, Cruz, Hawthorne, Sofer. NOES: None. ABSENT: None. ABSTAIN: None. Motion carried. AGENDA ITEM 8, NEW BUSINESS 8A. Discussion and Possible Direction in search of New City Manager and Consideration of Interim Position City Attorney Norgaard requested direction from Council regarding the process they would like to follow to replace Aaron Blair who is resigning effective November 26, 2021. She reported that the last firm chosen was Avery and Associates, and they would be willing to conduct the new search and recruitment process for a reduced fee and can begin immediately. The Council discussed the interim position, availability of a short list of possible candidates to fill the interim position, and whether it should be conducted in house, and/or have an employee who is up to speed with the development projects fill in as interim. There was discussion of a short list of candidates and bringing it to the

Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 11.02.21 Regular Meeting Budget/Personnel Committee for discussion and consideration, prior to the City Council, as well as terms for contracting with a search firm. 6:45 P.M. Floor opened for Public Comment. Building Official John Keuhl with 4Leaf, Inc. commented on the critical role the City Manager demonstrates in the City. He thanked Mr. Blair for his professionalism and working with complicated issues. Mr. Kuehl further mentioned the qualities and strengths that would be needed for a new City Manager such as trust, knowledge of construction and technical aspects of the development agreement, endowments, and someone who can work with developers and contractors, possesses good communication skills with the ability to view the whole picture. He also mentioned the challenges of blending art, and the need for an individual who is familiar with local agencies such as Seaside Sanitation District, P.G. & E, Cal-Am, Comcast, and A.T.&T. Todd Sheller Vice President of Lyles Diversified, Inc. echoed Mr. Keuhl’s comment, commended staff’s professionalism, and added that it has been a respected partnership both ways. It will be a challenge to fill Aaron’s place, and filling the position quickly will not help the project. He stressed the importance of finding the right person for the position of City Manager. 6:53 P.M. Floor closed to Public Comment. There was Council consensus to bring back a proposal from Avery and Associates to conduct the recruitment for a new City Manager, and to review a short list of candidates during a Budget/Personnel Committee meeting to fill in as interim in the meantime. AGENDA ITEM 9, CLOSED SESSION 7:03 p.m. Floor opened for public comment and seeing none was closed for public comment at 7:04 p.m. 7:05 p.m. {Council Member Cruz recused from Closed Session Item 9A due to a possible conflict of interest by residing within 500’ of the subject property} 9A. City Council/Successor Agency Board to adjourn to Closed Session regarding: 1). Agency negotiator: City Manager, Aaron Blair; City Attorney, Vibeke Norgaard Opposing party: DBO Development No. 30 LLC Properties: Terms regarding the approximately 10.64 acre area bounded by Tioga Avenue in Sand City to the northeast, California Avenue to the southeast, East Avenue to the southwest, and the Merle street right-of-way to the northwest in the central portion of Sand City, affecting Assessor’s Parcel Numbers (APNs): 011- 122-002, -003, -004, -005, -010, - 011, -023, -024, -025, -026, -032, -038, -039, -040, -041; 011-123-001, -004, -005, -006, - 007, -008, -009, -011, -022, -024, -025, -026; 011-134-011; 011-135-001, -014, -015, -016,- 023, -024; 011-136-007, -012, -024; and 011-186-021, - 038,-039. {Council Member Cruz returned to the meeting}

Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 11.02.21 Regular Meeting 2). Public employment pursuant to Cal. Gov. Code section 54957. Position: City Manager 7:51 p.m. 9B. 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 The agency negotiators received Confidential direction in their negotiations with DBO from the Council (item 9A). The City Attorney was provided direction regarding the City Manager’s contract in light of his resignation (item 9B). AGENDA ITEM 10, ADJOURNMENT There was consensus of the City Council to adjourn the meeting at 8:03 p.m. to the next regularly scheduled council meeting on Tuesday, November 16, 2021 at 5:30 p.m. _______________________________ Connie Horca, City Clerk

REGULAR MEETING JOINT SAND CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY TUESDAY, NOVEMBER 2, 2021 5:30 PM 1

1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. ANNOUNCEMENTS BY MAYOR, CITY ATTORNEY, AND CITY STAFF 3A. City Manager Memorandum AGENDA JOINT SAND CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY Regular Meeting - Tuesday, November 2, 2021 5:30 PM THIS MEETING WILL BE HELD VIRTUALLY AND IS COMPLIANT WITH ASSEMBLY BILL (“AB”) 361, SIGNED INTO LAW ON SEPTEMBER 16, 2021, WHICH AMENDS GOVERNMENT CODE SECTION 54953 TO PROVIDE AUTHORITY FOR PUBLIC AGENCIES TO HOLD VIRTUAL MEETINGS DURING A PROCLAIMED STATE OF EMERGENCY AND REMAIN IN COMPLIANCE WITH THE BROWN ACT (GOV. CODE §§ 54950 ET SEQ.). TO PARTICIPATE IN THE ZOOM COUNCIL MEETING LIVE: https://us02web.zoom.us/j/441727734 Meeting ID: 441 727 7342# To participate telephonically by calling the number below: (669) 900-6833 Meeting ID: 441 727 7342# If prompted to enter a participant ID, press # 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: connie@sandcityca.org. Read Aloud During the Meeting: Email your comments to aaron@sandcityca.org when the Mayor opens the public comment period for the relevant agenda item; please indicate the agenda item and title in your email subject line. If you want your comment read aloud, prominently write “Read Aloud at Meeting” at the top of the email and your comments will be read into the record (not to exceed three minutes at staff’s cadence). DURING EACH MEETING, members of the public may participate by calling and speaking live during the designated time(s), subject to time limits that may be imposed pursuant to the Brown Act at the number provided above. 2

City Manager Memo.pdf 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. Approval of October 19, 2021 Council Meeting Minutes 10.19.21 Minutes.pdf 5B. Acceptance of City/Successor Agency Financial Report, September 2021 City.Successor Agency Monthly Financial Report. September 2021.pdf 6. CONSIDERATION OF ITEMS PULLED FROM CONSENT CALENDAR 7. PUBLIC HEARING 7A. Consideration of FIRST READING: City ORDINANCE to Amend Chapter 13.04 of the Sand City Municipal Code in its Entirety Pertaining to Garbage Management, Franchises, and Services (this item continued from the October 19, 2021 Council meeting) Ordinance. To Amend Chapter 13.04 of the Sand City Municipal Code in its Entirety Pertaining to Garbage Management, Franchises, and Services.pdf 7B. Consideration of FIRST READING: City ORDINANCE to Add Section 15.12.045 to the Sand City Municipal Code pertaining to Model Water Efficient Landscaping (this item continued from the October 19, 2021 Council meeting) Ordinance. Adding Section 15.12.045 to the Sand City Municipal Code and Adopting Certain Sections of the California Model Water Efficient Landscaping Ordinance.pdf 8. NEW BUSINESS 8A. Discussion and Possible Direction in search of New City Manager and Consideration of Interim Position 9. CLOSED SESSION 9A. City Council/Successor Agency Board to adjourn to Closed Session regarding: 3

1). Agency negotiator: City Manager, Aaron Blair; City Attorney, Vibeke Norgaard Opposing party: DBO Development No. 30 LLC Properties: Terms regarding the approximately 10.64 acre area bounded by Tioga Avenue in Sand City to the northeast, California Avenue to the southeast, East Avenue to the southwest, and the Merle street right-of-way to the northwest in the central portion of Sand City, affecting Assessor’s Parcel Numbers (APNs): 011-122-002, -003, -004, -005, -010, - 011, -023, -024, -025, -026, -032, -038, -039, -040, -041; 011-123-001, -004, -005, -006, - 007, -008, -009, -011, -022, -024, -025, -026; 011-134-011; 011-135-001, -014, -015, -016,- 023, -024; 011-136-007, -012, -024; and 011-186-021, -038,-039. 2). Public employment pursuant to Cal. Gov. Code section 54957. Position: City Manager 9B. 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 10. 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. 4

REGULAR MEETING JOINT SAND CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY TUESDAY, NOVEMBER 2, 2021 5:30 PM 1

1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. ANNOUNCEMENTS BY MAYOR, CITY ATTORNEY, AND CITY STAFF 3A. City Manager Memorandum AGENDA JOINT SAND CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY Regular Meeting - Tuesday, November 2, 2021 5:30 PM THIS MEETING WILL BE HELD VIRTUALLY AND IS COMPLIANT WITH ASSEMBLY BILL (“AB”) 361, SIGNED INTO LAW ON SEPTEMBER 16, 2021, WHICH AMENDS GOVERNMENT CODE SECTION 54953 TO PROVIDE AUTHORITY FOR PUBLIC AGENCIES TO HOLD VIRTUAL MEETINGS DURING A PROCLAIMED STATE OF EMERGENCY AND REMAIN IN COMPLIANCE WITH THE BROWN ACT (GOV. CODE §§ 54950 ET SEQ.). TO PARTICIPATE IN THE ZOOM COUNCIL MEETING LIVE: https://us02web.zoom.us/j/441727734 Meeting ID: 441 727 7342# To participate telephonically by calling the number below: (669) 900-6833 Meeting ID: 441 727 7342# If prompted to enter a participant ID, press # 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: connie@sandcityca.org. Read Aloud During the Meeting: Email your comments to aaron@sandcityca.org when the Mayor opens the public comment period for the relevant agenda item; please indicate the agenda item and title in your email subject line. If you want your comment read aloud, prominently write “Read Aloud at Meeting” at the top of the email and your comments will be read into the record (not to exceed three minutes at staff’s cadence). DURING EACH MEETING, members of the public may participate by calling and speaking live during the designated time(s), subject to time limits that may be imposed pursuant to the Brown Act at the number provided above. 2

City Manager Memo.pdf 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. Approval of October 19, 2021 Council Meeting Minutes 10.19.21 Minutes.pdf 5B. Acceptance of City/Successor Agency Financial Report, September 2021 City.Successor Agency Monthly Financial Report. September 2021.pdf 6. CONSIDERATION OF ITEMS PULLED FROM CONSENT CALENDAR 7. PUBLIC HEARING 7A. Consideration of FIRST READING: City ORDINANCE to Amend Chapter 13.04 of the Sand City Municipal Code in its Entirety Pertaining to Garbage Management, Franchises, and Services (this item continued from the October 19, 2021 Council meeting) Ordinance. To Amend Chapter 13.04 of the Sand City Municipal Code in its Entirety Pertaining to Garbage Management, Franchises, and Services.pdf 7B. Consideration of FIRST READING: City ORDINANCE to Add Section 15.12.045 to the Sand City Municipal Code pertaining to Model Water Efficient Landscaping (this item continued from the October 19, 2021 Council meeting) Ordinance. Adding Section 15.12.045 to the Sand City Municipal Code and Adopting Certain Sections of the California Model Water Efficient Landscaping Ordinance.pdf 8. NEW BUSINESS 8A. Discussion and Possible Direction in search of New City Manager and Consideration of Interim Position 9. CLOSED SESSION 9A. City Council/Successor Agency Board to adjourn to Closed Session regarding: 3

1). Agency negotiator: City Manager, Aaron Blair; City Attorney, Vibeke Norgaard Opposing party: DBO Development No. 30 LLC Properties: Terms regarding the approximately 10.64 acre area bounded by Tioga Avenue in Sand City to the northeast, California Avenue to the southeast, East Avenue to the southwest, and the Merle street right-of-way to the northwest in the central portion of Sand City, affecting Assessor’s Parcel Numbers (APNs): 011-122-002, -003, -004, -005, -010, - 011, -023, -024, -025, -026, -032, -038, -039, -040, -041; 011-123-001, -004, -005, -006, - 007, -008, -009, -011, -022, -024, -025, -026; 011-134-011; 011-135-001, -014, -015, -016,- 023, -024; 011-136-007, -012, -024; and 011-186-021, -038,-039. 2). Public employment pursuant to Cal. Gov. Code section 54957. Position: City Manager 9B. 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 10. 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. 4

AGENDA ITEM 3A. City Manager Memorandum 5

MEMO To: Honorable Mayor and City Council Members From: Aaron Blair, City Manager Date: October 27, 2021 (meeting date: November 2, 2021) Re: City Manager Update Committee Meetings: 1. There will be a Budget and Personnel Committee meeting in December. (TBD) a. FY 22-23 Budget and CIP Discussion b. FY 21-22 Budget and CIP Amendment #1 City Capital Improvement Projects, Public Works: 1. Electrical Upgrades. Phase 2 of the upgrade project, server room, has begun. Phase 1 was completed August 2021. 2. Catalina Stormwater Grant. Grant awarded. Next steps including moving the design to a 60% completion. 3. Contra Costa Stormwater Grant. Grant awarded. Next steps including moving the design to a 90% completion. 4. West Bay Repairs. Design is complete. There is delay in materials. 5. City Hall Improvements. The window replacement project is scheduled to begin in October. The windows are currently on back-order. 6. Calabrese Park. We have two different projects in the works. a. CDBG funded ADA improvements (CDBG ADA matching Grant $90,000). The design is complete. We have added Pendergrass Way pavement improvements to this project. Look for it to go out to bid in the Fall. b. Grant award for playground improvements: $177,952. Landscape designs are at 90%. 7. Cal Am/Sand City desal wells. a. This item will be brought back at a future date. 8. Pavement Management Plan (PMP) –Several projects have been budgeted in the 5-year Capital Improvement Plan (CIP). Pendergrass Way has been budgeted in FY 21/22. Look for this project this Fall/Winter. 6

2 Sustainable Transportation Plan & Parking Plan 1. There was a sustainable transportation plan staff/EMC meeting on 10/28. City Staff 1. Meetings: a. I attended the monthly Monterey Bay Area City Managers meeting on 10/15. b. I had a Citygate Standards of Coverage Study update with the fire department on 11/1. c. Devon and I have a meeting with HDL on 11/3 to review 2Q sales tax results. d. I have a 3CE operations board of directions meeting on 11/10. e. Chuck, Vibeke, John, and I met with the South of Tioga hotel developer on 10/20. f. There is a South of Tioga project meeting on 11/4. g. I had an MBASIA long-range planning meeting on 10/21 and a Board Meeting on 10/22. h. Vibeke and I met with NBS to discuss the South of Tioga CFD on 10/26. i. I attended the district 4 Monthly meeting on 11/1. 2. Website, Social Media, and Communications. a. City of Sand City Social Channels: @SandCityCA i. Facebook: 417 (+17) | Twitter: 120 (+2) | Instagram: 1354 (+14) b. The Sand City Art Committee (@SandCityArt) i. Facebook: 7 (new page) | Instagram: 1203 (+16) c. Art Park (@artpark_sc) i. Instagram: 768 (+116) d. The November E-Newsletter went out on 10/28. Community Development 1. Building Services Department. Staff has been discussing a fee schedule update. The goal is to have something for Council to discuss in 2021. 2. Seaside Sanitation Upgrades. There is a planned sewer upsizing along Ortiz between Contra Costa and Holly. Sewer work will begin in October/November. 3. Public Art, Events, & Placemaking: a. we.murals i. Possible 2022 Dates: Aug 22-27 2022 b. 2021 West End Celebration. Possible 2022 Dates: Aug 27-28 2022 4. South of Tioga. a. Staff is currently working on the CFD and items related to the Final Map. 5. Art Park – Implementation Phase. 6. McDonalds Remodel (Complete) 7. Ocean View Ave at Fell St. SFD (Under Construction) 8. 756 California Avenue (Complete) 7

3 9. 460 Elder Expansion (Permit Review) 10. Monterey Bay Shores (Site Work: On Hold) 11. 534 Shasta Commercial Building Expansion (Under Construction) 12. Monterey Bay Collection (Permit Review Coastal Commission) 13. Target Remodel (Under Construction) 14. Catalina Lofts (Under Construction) 15. Telsa Charging Stations (Edgewater – Complete) 16. Ashley Home Furniture (Complete - August 2021) 17. Total Wine and More (Edgewater - Under Construction) 18. Marshalls Interior Remodel (Under Construction) TASK LIST (Quarter represents Fiscal Year) Public Works/Engineering • CIP-Calabrese Park Improvements A (4 th quarter, 1st & 2 nd quarter FY 21/22) • CIP-Pendergrass Way resurface (PMP -Pavement Management Program) (4th quarter, & 1st & 2 nd quarter FY 21/22) • CIP-West Bay Street Repair Project (4 th quarter, & 1st and 2 nd quarter FY 21/22) • CIP-West End SW Improvement Projects (2021-2022) o Contra Costa St. (Grant Funding approved) o Catalina St. (Grant Funding approved) • Sand City Water Supply Project (SCWSP) Phase 1 New Wells (2021) • CIP-City Hall Electrical Service Updates (Phase 1 Complete, Phase 2 underway) • CIP-City Hall Improvements (1st quarter and 2 nd quarter) • CIP-Street sweeper replacement (Awaiting delivery) • CIP-Dump Truck replacement (Awaiting delivery) • CIP-TAMC Parcel Landscaping (2 nd quarter FY 21/22) Community Development/Planning • CIP-Parking Strategy Plan (Implementation Phase) • Sustainable Transportation Plan (Implementation Phase) • Short-term rental ordinance (2nd quarter FY 21/22) • Fee schedule Update: Fee Study (FY 21/22) • Cannabis Ordinance (2 nd quarter FY 21/22) Economic Development • Art Park (FY 2021/22) • McDonalds Remodel (Complete) • Ocean View Ave at Fell St. SFD (Under Construction) • 756 California Avenue (Complete) • 460 Elder Expansion (Permit Review) • Monterey Bay Shores (Site Work: On Hold) 8

4 • 534 Shasta Commercial Building Expansion (Under Construction) • Monterey Bay Collection (Permit Review Coastal Commission) • Target Remodel (Under Construction) • Catalina Lofts (Under Construction) • Telsa Charging Stations (Edgewater – Complete) • Ashley Home Furniture (August 2021) • Total Wine and More (Edgewater - Under Construction) • Marshalls Interior Remodel (Under Construction) • South of Tioga o Community Finance District (Pending) o Development Agreement (Executed) o Sliver properties (Executed) o Lot line Adjustment (Executed) o Subdivision Improvement Agreement (pending) o Final Map (pending)  Renaming of East Ave 9

AGENDA ITEM 5A. Approval of October 19, 2021 Council Meeting Minutes 10

__________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 10.19.21 Regular Meeting MINUTES JOINT SAND CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY Regular Meeting - Tuesday, October 19, 2021 5:30 PM As allowed per Assembly Bill (AB361), this meeting was conducted in person and by teleconference _________________________________________________________________________ Mayor Carbone called the meeting to order at 5:30 p.m. AGENDA ITEM 1, ROLL CALL Present: Mayor Mary Ann Carbone Council Member Cruz (virtual attendance) Council Member Sofer (virtual attendance) Council Member Hawthorne (virtual attendance) Council Member Blackwelder Staff: Aaron Blair, City Manager Vibeke Norgaard, City Attorney Brian Ferrante, Chief of Police AGENDA ITEM 2, PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Chief Brian Ferrante. AGENDA ITEM 3, INVOCATION The invocation was led by Reverend Robert Hellam. AGENDA ITEM 4, ANNOUNCEMENTS BY MAYOR, CITY ATTORNEY, AND CITY STAFF Mayor Carbone announced that the City Managers report is attached in the packet, and provided an update regarding Cal-Am's new president. City Attorney Norgaard reported on the Oversight Board's approval of the Seaside Loan, its status with the Department of Finance, and Staffs’ efforts to provide the Department of Finance with additional documents for their review. AGENDA ITEM 5, COMMUNICATIONS 5:35 P.M. Floor opened for Public Comment. There were no comments from the Public in person, via writing or through telecommunications regarding items not appearing on the agenda. 11

__________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 10.19.21 Regular Meeting 5:35 P.M. Floor closed to Public Comment. AGENDA ITEM 6, ORDER OF BUSINESS 6A. Consideration of City RESOLUTION Authorizing Remote Teleconference Meetings of the City Council and all Boards, Commissions, and Committees for the Period from October 19, 2021 through November 18, 2021 Pursuant to AB 361 and the Ralph M. Brown Act City Attorney Norgaard reported on the expiration of the Governors Order N-29-20, and the approval of Assembly Bill 361 that was signed into law on September 16, 2021 which allows for virtual meetings determined upon certain findings. Monterey County recommends continued social distancing and with the current State of Emergency still in place, there are sufficient findings to continue to hold virtual meetings. The resolution attached is for the Council consideration and if adopted, would need re-adoption every 30 days. 5:39 P.M. Floor opened for Public Comment. There were no comments from the Public in person, via writing or through telecommunications. 6:40 P.M. Floor closed to Public Comment. Motion to approve the City Resolution authorizing Remote Teleconference Meetings of the City Council and all Boards, Commissions, and Committees for the Period from October 19, 2021 through November 18, 2021 Pursuant to AB 361 and the Ralph M. Brown Act was made by Council Member Blackwelder, seconded by Council Member Sofer. Roll call Vote AYES: Council Members Blackwelder, Carbone, Cruz, Hawthorne, Sofer. NOES: None. ABSENT: None. ABSTAIN: None. Motion carried. AGENDA ITEM 7, CONSENT CALENDAR 7A. There was no discussion of the October 5, 2021 Council meeting Minutes. 7B. There was no discussion of the City Donation/Contribution to the Salvation Army Thanksgiving Meals for $300. 7C. There was no discussion of the City/Successor Agency Monthly Financial Report, August 2021. 6:42 P.M. Floor opened for Public Comment. There were no comments from the Public in person, via writing or through telecommunications. 6:42 P.M. Floor closed to Public Comment. Motion to approve the Consent Calendar items was made by Council Member Blackwelder, seconded by Council Member Sofer. Roll call Vote AYES: Council Members Blackwelder, 12

__________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 10.19.21 Regular Meeting Carbone, Cruz, Hawthorne, Sofer. NOES: None. ABSENT: None. ABSTAIN: None. Motion carried. AGENDA ITEM 8, CONSIDERATION OF ITEMS PULLED FROM CONSENT CALENDAR There were no items pulled from the Consent Calendar. AGENDA ITEM 9, CLOSED SESSION 5:45 p.m. 9A. City Council/Successor Agency Board to adjourn to Closed Session regarding: 1) Conference with Real Property Negotiator pursuant to Government Code Section 54956.8 Agency Negotiator: City Manager Aaron Blair; City Attorney Vibeke Norgaard Property: Existing City-owned rights of way along Sand Dunes Drive 5:55 p.m. 9B. 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 The Council received confidential information from the real property negotiators and direction was given. AGENDA ITEM 10, PRESENTATION 10A. Presentation by Chief of Police Brian Ferrante on Current Police Services and Council Discussion regarding Police Services Mayor Carbone announced that the police department provided an update at a previous meeting and requested that public comments be directed to the issue contained in the presentation. Police Chief Brian Ferrante presented an update on the Sand City Police Departments current staff conditions, schedules and hours worked, when reserve officers fill a shift, and on the vacant Sergeant position that Commander Graziano fills. He provided updates on the current issues such as homelessness, Covid-19 protocols, members on long term disability, and the promotion of a reserve officer to fill a full-time officer position. Overtime hours are expected to rise due to disability statuses of police officers. The department will continue to reevaluate staffing. He reported on Part One crimes that have decreased 18% from last year; however, there is a slight increase in theft of catalytic converters, as well as the department’s public interaction opportunities through the Corn Hole tournament, event attendance at the Art parks, West End Celebration, and social media sites. He informed the Council of documentation and new reporting requirements to the Department of Justice beginning January 1, 2022. 13

__________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 10.19.21 Regular Meeting Chief Ferrante addressed the Mayor’s question regarding the reporting of data that is used to determine whether agencies are detaining people of a certain race, with the ultimate idea of monitoring what the police is doing. He responded to Council Member Hawthorne’s inquiry regarding how night shifts are covered, and why there are more personnel during the day shift. Council Member Hawthorne suggested more cameras to assist the officers in detecting crimes. Chief Ferrante provided insight regarding having cameras and its effectiveness. Council Member Sofer thanked the police officers for what they do, and expressed her concern regarding placing speed indicators on the roadways, whether it was a possibility, and affordable. Chief Ferrante mentioned that the traffic calming device would need to be researched. Mayor Carbone requested that an officer be present during the construction work as a worker mentioned that drivers have been speeding in the area. 6:47 P.M. Floor opened for Public Comment. Sand City resident Brian Clark spoke to the size and dynamics of the community, and his research indicating no need for a police force in the City. He spoke to the crimes of opportunity, videos of the crimes committed, and the City of Seaside’s willingness to cover Sand City. 6:50 P.M. Floor closed to Public Comment. The Mayor thanked the Chief for the presentation and the department for all they do to keep the community safe. AGENDA ITEM 11, PUBLIC HEARING 11A. Consideration of FIRST READING: City ORDINANCE to Amend Chapter 13.04 of the Sand City Municipal Code in its Entirety Pertaining to Garbage management, franchises, and services Mayor Carbone announced that a continuation of the ordinance to the November 2 , 2021 meeting is requested so that staff can input changes and revisions to the Ordinance. 14

__________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 10.19.21 Regular Meeting Motion to continue the FIRST READING: of the City ORDINANCE to the November 2, 2021 Council meeting, to Amend Chapter 13.04 of the Sand City Municipal Code in its Entirety Pertaining to Garbage management, franchises, and services was made by Council Member Blackwelder, seconded by Council Member Sofer. Roll call Vote AYES: Council Members Blackwelder, Carbone, Cruz, Hawthorne, Sofer. NOES: None. ABSENT: None. ABSTAIN: None. Motion carried. 11B. Consideration of FIRST READING: City ORDINANCE to Add Section 15.12.045 to the Sand City Municipal Code pertaining to Model Water Efficient Landscaping Mayor Carbone reported that this is another Ordinance that will need continuation to the November 2, 2021 meeting. Motion to continue the FIRST READING: of the City ORDINANCE to the November 2, 2021 Council meeting, to Add Section 15.12.045 to the Sand City Municipal Code pertaining to Model Water Efficient Landscaping was made by Council Member Blackwelder, seconded by Council Member Sofer. Roll call Vote AYES: Council Members Blackwelder, Carbone, Cruz, Hawthorne, Sofer. NOES: None. ABSENT: None. ABSTAIN: None. Motion carried. AGENDA ITEM 12, NEW BUSINESS 12A. Consideration of City RESOLUTION Authorizing the City Manager to Enter into a Memorandum of Understanding between the City of Sand City and California American Water regarding the Installation of Production and Monitoring Wells City Attorney Norgaard reported on the draft MOU for the intake wells for the Sand City desalination plant. The project was designed to provide 300-acre feet, is owned by Sand City, and operated by Cal-Am. She reported on the 2009 agreement that requires Cal-Am to build the new wells with a formula that prorates the cost for construction of the wells. Cal-Am is now offering to build the new wells, at their own cost, but would own the intake wells. If adopted, under the MOU, the City would provide easements and rights of ways along Sand Dunes Drive for the construction of the new wells, and referred to the letter provided by Monterey Peninsula Water Management District regarding water entitlements. City Engineer Leon Gomez, reported on the plant’s production levels. He provided information on the current locations for the construction of the new wells and why they are going at a particular location. In response to Council Member Sofer’s inquiry where the proposed wells will be located, City Engineer Leon Gomez replied that they will be going into Sand Dunes Drive within the City limits. 5:13 P.M. Floor opened for Public Comment. 15

__________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 10.19.21 Regular Meeting Ian Crooks from Cal-Am commented that they received notice late tonight regarding a proposed decision for the new wells in their rate case. The order proposed not supporting the funding of the new wells. The parties will need further review of the decision that was made to understand the different perspectives and where this is going. City Attorney suggested continuing the item to an indefinite time in order to review the administrative decision that was made. Sand City resident Brian Clark commented on the state of Marina’s proposed desal plant, the funds spent on environmental impact reports, monies spent on water, and that Sand City do everything it can to maximize its current desalination plant. 7:23 P.M. Floor closed to Public Comment. Motion to table and continue the item of the City Resolution a