Joint Sand City Council and Successor Agency of the Redevelopment Agency

_____________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 01.17.2023 Regular Meeting MINUTES JOINT SAND CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY Regular Meeting - Tuesday, January 17, 2023 5:30 PM As allowed per Assembly Bill (AB361), this meeting was conducted in person and by teleconference The Mayor called the meeting to order at 5:30 p.m. AGENDA ITEM 1, ROLL CALL Present: Mayor Mary Ann Carbone Council Member Blackwelder Councilmember Hawthorne Councilmember Sofer Absent: Councilmember Cruz Staff: Vibeke Norgaard, City Manager Stephanie Downs, Partner on behalf of Adam Lindgren, Interim City Attorney (virtual attendance) Charles Pooler, City Planner (virtual attendance) Connie Horca, City Clerk Michel Mount, Police Sergeant AGENDA ITEM 2, PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Sergeant Michael Mount. AGENDA ITEM 3, INVOCATION The invocation was led by Reverend Robert Hellam. AGENDA ITEM 4, ANNOUNCEMENT BY MAYOR, CITY ATTORNEY, AND CITY MANAGER Mayor Carbone reported on the weekend storm, distribution of Covid-19 tests to the Shabu Shake Center, CHS, and Shoreline Church. She notified homeless people of available shelters during the storms, attended a Martin Luther King March in Seaside and the unveiling ceremony at the Marina Library of the new Martin Luther King statue. City Manager Norgaard commended Mayor Carbone for her Covid tests distribution efforts, and reported on her Emergency Office of Communications meetings that were held twice a day during the storm. She reported on the results of the Budget Committee meeting, purchase of the public works dump truck, progress of the South of Tioga project sidewalk installation, and finalization of contracts for the Calabrese Park and West Bay projects.

_____________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 01.17.2023 Regular Meeting Mayor Carbone introduced Stephanie Downs from Meyers Nave, who will be filling in for Interim City Attorney Adam Lindgren. AGENDA ITEM 5, COMMUNICATIONS 5:44 P.M. Floor opened for Public Comment. Sand City resident Luke Kilpatrick inquired whether comments regarding agenda item 8A can be heard and was advised that comments for the item can be addressed when the item is being considered. Mr. Pooler commented that no work should be done until the issue for the property is resolved. City Manager Norgaard added that the item can be heard at the February 7, 2023 Council meeting 5:46 P.M. Floor closed to Public Comment. AGENDA ITEM 6, CONSENT CALENDAR City Clerk Horca commented on corrections to page 8, item 6A of the December 20, 2022 Council meeting to change the title from “Attorney” to Manager, and to add the title of “RE-Gen” to the appointments list in relation to the MRWMD Board. 6A. There was no discussion of the December 20, 2022 Council Meeting Minutes. 6B. There was no discussion of the City/Successor Agency Monthly Financial Report, November 2022. 6C. There was no discussion of the City Resolution Confirming Members of the Sand City Arts Committee. 6D. There was no discussion of the City Resolution Making Re- Appointment of Greg Hawthorne to the Sand City Design Review Committee until January 31st of 2025. 6E. There was no discussion of the City Resolution Updating Appointments to Various Local and Regional Agencies and Boards, effective January 18, 2023. 6F. There was no discussion of the City Resolution Authorizing the Extension of Remote Teleconference Meetings of the City Council and Boards, Commissions, and Committees for the Period of January 18, 2023 through February 16, 2023 pursuant to AB 361 and Ralph M. Brown Act Provisions.

_____________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 01.17.2023 Regular Meeting 5:48 P.M. Floor opened for Public Comment. There were no comments from the Public in person, via writing or through telecommunications. 5:48 P.M. Floor closed to Public Comment. Motion to approve the Consent Calendar items with changes as indicated, was made by Council Member Hawthorne, seconded by Council Member Blackwelder. Roll call Vote AYES: Council Members Blackwelder, Carbone, Hawthorne, Sofer. NOES: None. ABSENT: Council Member Cruz. ABSTAIN: None. Motion carried. AGENDA ITEM 7, CONSIDERATION OF ITEMS PULLED FROM CONSENT CALENDAR There were no items pulled from the Consent Calendar. AGENDA ITEM 8, PUBLIC HEARING {Due to a possible conflict of interest by residing within 500 feet of the subject property, Mayor Carbone stepped down from the dais. Council Member Cruz is absent} Vice Mayor Blackwelder presided over the meeting. 8A. Consideration of City RESOLUTION to Amend Conditional Use Permit 630 Authorizing Design Change of Exterior Wall and Removal of Upper-Level Deck at 1880 Park Avenue {Council to consider continuing this Public Hearing to the next regularly scheduled Council meeting on February 7, 2023} City Manager Norgaard requested Council’s consideration of a continuation to the February 7, 2023 council meeting due City Staff’s attempts to work out a solution. 5:51 P.M. Floor opened for Public Comment. Sand City resident Megan Dole inquired whether plans for the construction were submitted to the City. City Manager Norgaard, responded that plans for the original design were received by the City. Mr. Pooler added that a building permit was issued; however the floor plan and elevation changes are the issue and that the building official is coordinating with the builder. Sand City resident Kate Tolles commented that the property splits between hers and her neighbors. City Planner Pooler added that he will contact the building official regarding other properties being affected.

_____________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 01.17.2023 Regular Meeting Sand City resident Julie Essinger commented that her view is being obstructed by the construction. Vice Mayor Blackwelder remarked that the project was originally approved several years ago, and that Council is waiting for details regarding the item to come back for Council’s consideration. Sand City resident Richard Dole commented that he sees a second-story going up, came to City Hall to view the original plans, and that they were inconsistent with what is being built. Sand City resident Cathy Francini received confirmation that the project is on hold. The public was informed that complaints may be submitted to City Hall. Sand City resident Julie Essinger added that their view is gone and that the builders seem to be doing what they want. City Manager Norgaard suggested that the public attend the February 7, 2023 meeting should the Council decide to continue the item, and express their comments at that meeting. 6:12 P.M. Floor closed to Public Comment. Motion to continue the City Resolution to Amend Conditional Use Permit 630 Authorizing Design Change of Exterior Wall and Removal of Upper-Level Deck at 1880 Park Avenue to the February 7, 2023 Council meeting was made by Council Member Hawthorne, seconded by Council Member Sofer. Roll call Vote AYES: Council Members Blackwelder, Hawthorne, Sofer. NOES: None. ABSENT: Council Member Cruz. ABSTAIN: Council Member Carbone. Motion carried. {Council Member Carbone returned to the dais} AGENDA ITEM 9, NEW BUSINESS 9A. Consideration and Approval of City RESOLUTION Authorizing the City Manager to Execute a Professional Services Agreement between the City of Sand City and Hinderliter, DeLlamas & Associates (HdL) for Transactions and Use Tax Audit & Information Services for Measure "L" City Manager Vibeke Norgaard presented the agenda item and reported that on November 8, 2022, the voters of the City of Sand City voted in favor of Measure “L” which increases the transactions and use tax to one and one-half percent to be administered by the California Department of Tax and Fee Administration (CDTFA). A contract was entered into in 2015 for Measure “J” and It is necessary to amend the current agreement with Hinderliter de Llamas and Associates (HdL) to apply it to the Measure “L” transactions and use tax. She noted that the fiscal impact would increase the City’s monthly payment from $100 to $200, with no change to the audit recovery fees of $25%, and further explained the process of fee recovery.

_____________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 01.17.2023 Regular Meeting City Manager Norgaard responded to Council Member Sofer’s inquiry that HdL will perform tax audits. She also clarified the increase of service fees for Mayor Carbone. 6:12 P.M. Floor opened for Public Comment. There were no comments from the Public in person, via writing or through telecommunications. 6:12 P.M. Floor closed to Public Comment. Motion to approve the City Resolution authorizing the City Manager to Execute a Professional Services Agreement between the City of Sand City and Hinderliter, De Llamas & Associates (HdL) for Transactions and Use Tax Audit & Information Services for Measure "L" was made by Council Member Blackwelder, seconded by Council Member Hawthorne. Roll call Vote AYES: Council Members Blackwelder, Carbone, Hawthorne, Sofer. NOES: None. ABSENT: Council Member Cruz. ABSTAIN: None. Motion carried. 9B. Approval of Upcoming City Events for 2023 The Council discussed the upcoming City Events, and why the we.mural festival was not on the events list. City Manager Norgaard commented that at the last Council meeting, there was discussion that the Arts Committee would seek walls, that a we.mural festival should not coincide with Car Week, and that it can be added once Council decides whether it wants a mural festival in 2023. Motion to approve the dates for upcoming Sand City events as listed was made by Council Member Sofer, seconded by Council Member Blackwelder. Roll call Vote AYES: Council Members Blackwelder, Carbone, Hawthorne, Sofer. NOES: None. ABSENT: Council Member Cruz. ABSTAIN: None. Motion carried. 9C. Comments by Council Members on Items of Interest to Sand City Vice Mayor Blackwelder reported on his attendance at the Waste Management meeting, SB 1383, rebranding of MRWMD to ‘Re-Gen”, what to do with organic waste being brought in, and a future feasibility study to analyze BTU’s. There was Council discussion regarding waste biomass as a renewable source of energy, processing of plastics into fuel, and a 40 acre pilot program. Council Member Sofer reported on her attendance at the Monterey Peninsula chamber of Commerce meeting, loans for economic and physical property damage as a result of the storms. Mayor Carbone wished Sand City resident Dierdre Bascou a Happy Birthday. AGENDA ITEM 10, CLOSED SESSION

_____________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 01.17.2023 Regular Meeting 6:30 p.m. The Mayor opened the floor for public comment regarding the closed session item, and seeing none, closed the floor for public comment. 6:31 p.m. 10A. City Council/Successor Agency Board adjourned to Closed Session regarding Conference with labor negotiator pursuant to California Government Code Section 54957.6 1) Agency designated representative: Vibeke Norgaard, City Manager; Adam Lindgren, Interim City Attorney Employee Organization: Sand City Police Officers Association (POA) 7:20 p.m. 10B. Re-adjourned to Open Session to report any action taken at the conclusion of Closed Session in accordance with California Government Code Section 54957.1 The labor negotiator received confidential direction from the City Council regarding labor negotiation. AGENDA ITEM 11, ADJOURNMENT There was consensus of the Council to adjourn the meeting at 7:21 p.m. to the next regularly scheduled meeting on Tuesday, February 7, 2023 at 5:30 p.m. ____________________________ Connie Horca, City Clerk

REGULAR MEETING JOINT SAND CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY TUESDAY, JANUARY 17, 2023 5:30 PM 1

AGENDA JOINT SAND CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY Regular Meeting - Tuesday, January 17, 2023 5:30 PM THIS MEETING WILL BE HELD VIRTUALLY AND IN PERSON, 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/4614728829 Meeting ID: 461 472 8829 To participate telephonically by calling the number below: (669) 900-6833 Meeting ID: 461 472 8829# If prompted to enter a participant ID, press # TO PARTICIPATE IN PERSON: City Hall Council Chambers 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: connie@sandcityca.org. Read Aloud During the Meeting: Email your comments to connie@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. Please use the "raise your hand" option on Zoom, and the City Clerk will call on your name. 2

1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. INVOCATION 4. ANNOUNCEMENT BY MAYOR, CITY ATTORNEY, AND CITY MANAGER 5. COMMUNICATIONS Members of the public may address the City Council/Successor Agency on matters not appearing on the City Council/Successor Agency Agenda at this time for up to three minutes. In order that the City Clerk may later identify the speaker in the minutes of the meeting, it is helpful if speakers state their names. Public comments regarding items on the scheduled agenda will be heard at the time the item is being considered by the City Council/Successor Agency. The City Council Chambers podium is equipped with a portable microphone for anyone unable to come to the podium. If you need assistance, please advise the City Clerk as to which item you would like to comment on and the microphone will be brought to you. 6. CONSENT CALENDAR The Consent Agenda consists of routine items for which City Council approval can be taken with a single motion and vote. A Council member may request that any item be placed on the Regular Agenda for separate consideration. 6A. Approval of December 20, 2022 Council Meeting Minutes 12.20.2022 REGULAR Meeting Minutes.pdf 6B. Acceptance of City/Successor Agency Monthly Financial Report, November 2022 November 2022 City.Successor Agency Financial Report.pdf 6C. Approval of City RESOLUTION Confirming Members of the Sand City Arts Committee Staff Report.Confirming Members of the Arts Committee.pdf Resolution. Confirming Members of the Art Committee.2023.pdf 6D. Approval of City RESOLUTION Making Re-Appointment of Greg Hawthorne to the Sand City Design Review Committee until January 31st of 2025 Staff Report and Resolution Making Re-Appointment of Greg Hawthorne to the Sand City Desgin Review Committee u.pdf 6E. Approval of City RESOLUTION Updating Appointments to Various Local and Regional Agencies and Boards, effective January 18, 2023 Staff Report.Appointments to Local and Regional Agencies and Boards 2023.pdf Resolution.Updating the Appointments to Various Local and Regional Agencies and Boards.pdf 6F. Approval of City RESOLUTION Authorizing the Extension of Remote Teleconference Meetings of the City Council and Boards, Commissions, and Committees for the Period of January 18, 2023 through February 16, 2023 pursuant to AB 361 and Ralph M. Brown Act Provisions Resolution. Authorizing the Extension of Remote Teleconference Meetings of the 3

City Council, Boards, Commissions, and Committees.pdf 7. CONSIDERATION OF ITEMS PULLED FROM CONSENT CALENDAR 8. PUBLIC HEARING 8A. Consideration of City RESOLUTION to Amend Conditional Use Permit 630 Authorizing Design Change of Exterior Wall and Removal of Upper-Level Deck at 1880 Park Avenue {Council to consider continuing this Public Hearing to the next regularly scheduled Council meeting on February 7, 2023} Staff Report. Amendment of Conditional Use Permit 630 (Inclusive of Architectural & Site Plan Review) for Architectural Change on 2-Story Single-Family House Development.pdf 9. NEW BUSINESS 9A. Consideration and Approval of City RESOLUTION Authorizing the City Manager to Execute a Professional Services Agreement between the City of Sand City and Hinderliter, DeLlamas & Associates (HdL) for Transactions and Use Tax Audit & Information Services for Measure "L" Staff Report. Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Hinderliter de Llamas and Associates for Measure L.pdf Resolution. Authorizing the City Manager to Execute a Professional Services Agreement between the City of Sand City and Hinderliter, de Llamas and Associates.pdf 9B. Approval of Upcoming City Events for 2023 Confirmation of Future Dates for SC Events for 2023.pdf 9C. Comments by Council Members on Items of Interest to Sand City 10. CLOSED SESSION 10A. City Council/Successor Agency Board to adjourn to Closed Session regarding Conference with labor negotiator pursuant to California Government Code Section 54957.6 1) Agency designated representative: Vibeke Norgaard, City Manager; Adam Lindgren, Interim City Attorney Employee Organization: Sand City Police Officers Association (POA) 10B. 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 11. ADJOURNMENT The current agenda is available in PDF format on our website at: www.sandcity.org If you have a request for a disability-related modification or accommodation, including auxiliary aids or 4

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

REGULAR MEETING JOINT SAND CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY TUESDAY, JANUARY 17, 2023 5:30 PM 1

AGENDA JOINT SAND CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY Regular Meeting - Tuesday, January 17, 2023 5:30 PM THIS MEETING WILL BE HELD VIRTUALLY AND IN PERSON, 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/4614728829 Meeting ID: 461 472 8829 To participate telephonically by calling the number below: (669) 900-6833 Meeting ID: 461 472 8829# If prompted to enter a participant ID, press # TO PARTICIPATE IN PERSON: City Hall Council Chambers 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: connie@sandcityca.org. Read Aloud During the Meeting: Email your comments to connie@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. Please use the "raise your hand" option on Zoom, and the City Clerk will call on your name. 2

1. ROLL CALL 2. PLEDGE OF ALLEGIANCE 3. INVOCATION 4. ANNOUNCEMENT BY MAYOR, CITY ATTORNEY, AND CITY MANAGER 5. COMMUNICATIONS Members of the public may address the City Council/Successor Agency on matters not appearing on the City Council/Successor Agency Agenda at this time for up to three minutes. In order that the City Clerk may later identify the speaker in the minutes of the meeting, it is helpful if speakers state their names. Public comments regarding items on the scheduled agenda will be heard at the time the item is being considered by the City Council/Successor Agency. The City Council Chambers podium is equipped with a portable microphone for anyone unable to come to the podium. If you need assistance, please advise the City Clerk as to which item you would like to comment on and the microphone will be brought to you. 6. CONSENT CALENDAR The Consent Agenda consists of routine items for which City Council approval can be taken with a single motion and vote. A Council member may request that any item be placed on the Regular Agenda for separate consideration. 6A. Approval of December 20, 2022 Council Meeting Minutes 12.20.2022 REGULAR Meeting Minutes.pdf 6B. Acceptance of City/Successor Agency Monthly Financial Report, November 2022 November 2022 City.Successor Agency Financial Report.pdf 6C. Approval of City RESOLUTION Confirming Members of the Sand City Arts Committee Staff Report.Confirming Members of the Arts Committee.pdf Resolution. Confirming Members of the Art Committee.2023.pdf 6D. Approval of City RESOLUTION Making Re-Appointment of Greg Hawthorne to the Sand City Design Review Committee until January 31st of 2025 Staff Report and Resolution Making Re-Appointment of Greg Hawthorne to the Sand City Desgin Review Committee u.pdf 6E. Approval of City RESOLUTION Updating Appointments to Various Local and Regional Agencies and Boards, effective January 18, 2023 Staff Report.Appointments to Local and Regional Agencies and Boards 2023.pdf Resolution.Updating the Appointments to Various Local and Regional Agencies and Boards.pdf 6F. Approval of City RESOLUTION Authorizing the Extension of Remote Teleconference Meetings of the City Council and Boards, Commissions, and Committees for the Period of January 18, 2023 through February 16, 2023 pursuant to AB 361 and Ralph M. Brown Act Provisions Resolution. Authorizing the Extension of Remote Teleconference Meetings of the 3

City Council, Boards, Commissions, and Committees.pdf 7. CONSIDERATION OF ITEMS PULLED FROM CONSENT CALENDAR 8. PUBLIC HEARING 8A. Consideration of City RESOLUTION to Amend Conditional Use Permit 630 Authorizing Design Change of Exterior Wall and Removal of Upper-Level Deck at 1880 Park Avenue {Council to consider continuing this Public Hearing to the next regularly scheduled Council meeting on February 7, 2023} Staff Report. Amendment of Conditional Use Permit 630 (Inclusive of Architectural & Site Plan Review) for Architectural Change on 2-Story Single-Family House Development.pdf 9. NEW BUSINESS 9A. Consideration and Approval of City RESOLUTION Authorizing the City Manager to Execute a Professional Services Agreement between the City of Sand City and Hinderliter, DeLlamas & Associates (HdL) for Transactions and Use Tax Audit & Information Services for Measure "L" Staff Report. Resolution Authorizing the City Manager to Execute a Professional Services Agreement with Hinderliter de Llamas and Associates for Measure L.pdf Resolution. Authorizing the City Manager to Execute a Professional Services Agreement between the City of Sand City and Hinderliter, de Llamas and Associates.pdf 9B. Approval of Upcoming City Events for 2023 Confirmation of Future Dates for SC Events for 2023.pdf 9C. Comments by Council Members on Items of Interest to Sand City 10. CLOSED SESSION 10A. City Council/Successor Agency Board to adjourn to Closed Session regarding Conference with labor negotiator pursuant to California Government Code Section 54957.6 1) Agency designated representative: Vibeke Norgaard, City Manager; Adam Lindgren, Interim City Attorney Employee Organization: Sand City Police Officers Association (POA) 10B. 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 11. ADJOURNMENT The current agenda is available in PDF format on our website at: www.sandcity.org If you have a request for a disability-related modification or accommodation, including auxiliary aids or 4

services, which will allow you to participate in a Sand City public meeting, please call the City Clerk at (831) 394-3054 extension 220, or give your written request to the City Clerk at 1 Pendergrass Way, Sand City, CA 93955 at least 48 hours prior to the scheduled meeting to allow the City Clerk time to arrange for the requested modification or accommodation. 5

AGENDA ITEM 6A. Approval of December 20, 2022 Council Meeting Minutes 6

__________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 12.20.22 Regular Meeting MINUTES JOINT SAND CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY Regular Meeting - Tuesday, December 20, 2022 5:30 PM As allowed per Assembly Bill (AB361), this meeting was conducted in person and by teleconference Mayor Carbone opened the meeting at 5:30 p.m. AGENDA ITEM 1, ROLL CALL Present: Mayor Mary Ann Carbone Council Member Blackwelder Councilmember Cruz {excused absence} Councilmember Hawthorne Councilmember Sofer Staff: Vibeke Norgaard, City Manager Adam Lindgren, Interim City Attorney (virtual attendance) Connie Horca, City Clerk Vito Graziano, Police Commander AGENDA ITEM 2, PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Commander Graziano. AGENDA ITEM 3, INVOCATION The invocation was led by Reverend Robert Hellam. AGENDA ITEM 4, ANNOUNCEMENT BY MAYOR, CITY ATTORNEY, AND CITY MANAGER Mayor Carbone announced that her Mayor’s report for November/December was distributed to the Council, and reported on her attendance at the 3CE meeting and their appointment of a new CEO. City Manager Norgaard announced an upcoming Budget/Personnel Committee meeting to review the Fiscal Year 21-22 audit results, announced the retirement of Commander Graziano after 30 years with the City, and reported on the South of Tioga project that is currently installing curb and gutters along California Avenue. She also provided an update on the Habitat area signage, construction of Esselen Ohlone Park, contract for the West Bay Street repair project, and announced that City Hall will be closed between Christmas and New Year’s Day. Interim City Attorney Adam Lindgren expressed his congratulations on voter approval of Measure L, summarized Assembly Bill 2449 on remote meeting participation and differences with the existing AB 361 remote teleconferencing rules. 7

__________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 12.20.22 Regular Meeting Mayor Carbone also announced plans for a ‘Gathering” on May 6th, and explained a new ‘Feather Alert” that is designed to alert the public of missing people of native decent, and mentioned legislation pertinent to law enforcement and highway patrol officers. AGENDA ITEM 5, COMMUNICATIONS 5:41 P.M. Floor opened for Public Comment. There were no comments from the Public in person, via writing or through telecommunications. 5:41 P.M. Floor closed to Public Comment. AGENDA ITEM 6, SWEARING IN CEREMONY OF ELECTED OFFICIALS 6A. Approval of City RESOLUTION Declaring the Results of the November 8, 2022 General Municipal Election City Attorney Norgaard presented the staff report and resolution that indicates the results of the November 8, 2022 General Municipal Elections and that the statement of votes cast is deemed to be an accurate. Staff recommends approval of the resolution declaring the results of the November 8, 2022 General Municipal Election. 5:43 P.M. Floor opened for Public Comment. There were no comments from the Public in person, via writing or through telecommunications. 5:43 P.M. Floor closed to Public Comment. Motion to approve the City Resolution declaring the Results of the November 8, 2022 General Municipal Election was made by Council Member Hawthorne, seconded by Council Member Sofer. Roll call Vote AYES: Council Members Blackwelder, Carbone, Hawthorne, Sofer. NOES: None. ABSENT: Council Member Cruz. ABSTAIN: None. Motion carried. 6B. Swearing in Ceremony of Elected Officials: 1) Mary Ann Carbone - Mayor 2) Jerry Blackwelder and Elizabeth Sofer - Council Members City Clerk Horca performed the Swearing in Ceremony of Mayor Carbone, and Council Members Jerry Blackwelder and Elizabeth Sofer. AGENDA ITEM 7, CONSENT CALENDAR 7A. There was no discussion of the December 6, 2022 Council Meeting Minutes. 7B. There was no discussion of the City/Successor Agency Monthly Financial Report, October 2022. 8

__________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 12.20.22 Regular Meeting 7C. There was no discussion of the City Resolution authorizing the Extension of Remote Teleconference Meetings of the City Council and Boards, Commission, and Committees for the Period of December 21, 2022 through January 20, 2023. 7D. There was no discussion of the Approval of Addition to 2022 Appointments List. 7E. There was no discussion of the approval of City Donation/Contribution to Jacob's Heart Children Cancer Support Services for $250. 5:52 P.M. Floor opened for Public Comment. There were no comments from the Public in person, via writing or through telecommunications. 5:52 P.M. Floor closed to Public Comment. There was Consensus of the Council to approve the Consent Calendar items by a roll call Vote. AYES: Council Members Blackwelder, Carbone, Hawthorne, Sofer. NOES: None. ABSENT: Council Member Cruz. ABSTAIN: None. Motion carried. AGENDA ITEM 8, CONSIDERATION OF ITEMS PULLED FROM CONSENT CALENDAR There were not items pulled from the Consent Calendar. AGENDA ITEM 9, PUBLIC HEARING Interim City Attorney Lindgren announced that Council Member Cruz is legally unable to participate in the meeting, and that a name draw will be held between Council Members Blackwelder, Hawthorne, and Sofer. {Following the name draw, Council member Blackwelder stepped down from the dais due to a possible conflict of interest by residing within 500 feet of the subject property} 9A. Consideration and Approval of City RESOLUTION to Approve Coastal Development Permit 22-02 for Karma Circle U.S.A. Conducting Inventory Storage and Wholesale Distribution at 325 Elder Avenue, Unit 4 City Planner Charles Pooler presented the application submitted by Dee Shrestha of Karma Circle for a storage and wholesale distribution of clothing within a 3,000 square foot unit at 325 Elder Avenue. Mr. Pooler provided the site description of the building, project description of proposed storage of clothing items, and utilization of an accessory office. Staff recommends extended hours of operation be from 9:00 a.m. to 5:00 p.m. daily and 9:00 a.m. to 5:00 p.m. on weekends to allow flexibility and consistency with other commercial uses in the area. The property can accommodate adequate parking with minimal impact, as the applicant is the only employee. Shipments and deliveries are through UPS or similar shipping companies and no large semi-trucks are anticipated to cause traffic impacts. No 9

__________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 12.20.22 Regular Meeting additional water allocation is required for the applicants use, and Staff recommends approval of the Coastal Development Permit. 6:01 P.M. Floor opened for Public Comment. Mr. Shrestha commented that Karma Circle used to be at the ATC, is located at the Cannery Row, has products that are manufactured in Nepal and Indonesia, and that the storage facility would provide the goods for the retail store and customers. In response to Council Member Sofer’s question regarding what kind of clothing is sold, Mr. Shrestha responded that ethnic clothing is sold. He also clarified where the retail store is located along Cannery Row. Mr. Pooler interjected that the permit language does allow for occasional retail sales at the location. The Mayor inquired whether the applicant was in agreement with conditions of the permit. The applicant responded that he was in agreement with permit conditions. 6:06 P.M. Floor closed to Public Comment. Motion to approve the City Resolution to Approve Coastal Development Permit 22-02 for Karma Circle U.S.A. Conducting Inventory Storage and Wholesale Distribution at 325 Elder Avenue, Unit 4 was made by Council Member Sofer, seconded by Council Member Hawthorne. Roll call Vote AYES: Council Members Carbone, Hawthorne, Sofer. NOES: None. ABSENT: Council Member Cruz. ABSTAIN: Council Member Blackwelder. Motion carried. AGENDA ITEM 10, NEW BUSINESS 10A. Consideration and Approval of City RESOLUTION Approving Special Event Permit 23-01 for a Bicycle Criterium on July 23, 2023 in the West End District City Planner Pooler presented the staff report for Special Event Permit 23-01 for a bicycle criterium on July 23, 2023. He reported that the first event was held on Sunday July 23, and the applicant would like to continue this event on an annual basis. Mr. Pooler reported on the street location, proposed parking location, planned residential notification and no-parking signs will be installed 72 hours prior to the event, and that a traffic control plan was submitted to the City. He further reported on the complaints submitted by residents regarding the restricted ingress and egress, and that notification of street closures was not received. Staff recommends the Applicant augment public outreach with notices left at doorstops to both residents and businesses throughout the entire West End District, and despite the complaints, the event occurred. Mr. Pooler responded to Council Member Blackwelder’s inquiry regarding the residents that complained about their towed vehicle. City Manager Norgaard added that she informed the owner of the business that was impacted by the September event. 10

__________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 12.20.22 Regular Meeting Event Co-Ordinator Tom McCullough provided a brief presentation on the Bicycle Criterium. He reported that he followed up with some of the concerns, how the event will be promoted, and to conduct an outreach to the artist community who may want to participate. Mr. McCullough thanked the Police Department and staff, and respectfully requested that the Council consider approval of the Special Event Permit. Council Member Sofer commented on the parking, towed vehicle, and that adequate information be provided to residents impacted by the event. Mr. McCullough remarked that ‘no parking’ signage is placed 3 days in advance, will be more explicit in the signage, and will be adding that the roads will be closed. 6:22 P.M. Floor opened for Public Comment. There were no comments from the Public in person, via writing or through telecommunications. 6:22 P.M. Floor closed to Public Comment. Motion to approve the City Resolution approving Special Event Permit 23-01 for a Bicycle Criterium on July 23, 2023 in the West End District was made by Council Member Hawthorne, seconded by Council Member Blackwelder. Roll call Vote AYES: Council Members Blackwelder, Carbone, Hawthorne, Sofer. NOES: None. ABSENT: Council Member Cruz. ABSTAIN: None. Motion carried. 10B. Discussion and Direction regarding the 2023 Mural Festival City Manager Norgaard presented the staff report to the Council, and in February 2022, a contract was approved with So-Gnar Inc. for a third mural festival, and they were responsible to curate and manage the festival held on August 18-August 28, 2022. Ms. Norgaard reported on the proposed budget of $80,000, an increase of $15,000 because of an agreement with So-Gnar that it would take on the entire management and execution of the festival with minimal staff involvement. The entire amount allocated for the event had been spent, and approval of a 2023 we.mural festival would require that City fund the line item. Staff recommends the Council discuss whether it would like to continue the we.mural festival in 2023, if the Council desires a similar budget as it approved in 2022, or to follow recommendation by the Arts Committee to have staff prepare and RFP, and if so, would the RFP be similar to the one attached in the agenda packet. The Council discussed the 2022 we.mural festival, the issue regarding the mural that ended up being painted on the street, a visual of what walls will be painted and where, art with no political overtones, fun, and lively, the lack of getting walls, a property owner who backed out, make sure that there are walls available, have other people bid on the RFP, and whether the City is over-saturated with murals. Council Member Hawthorne suggested that the RFP be put out and tighten the loose ends. 11

__________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 12.20.22 Regular Meeting Council Member Sofer mentioned her countless hours looking for a wall for the artist, and whether there are any walls left to paint. Council Member Hawthorne remarked that current walls could be repainted, that the City has not yet reached the saturation point, and continuing the momentum. If no one wants to do it, then it is done. City Manager Norgaard suggested that the Arts Committee conduct an informal request whether there are any walls that could be painted. 6:41 P.M. Floor opened for Public Comment. There were no comments from the Public in person, via writing or through telecommunications. 6:41 P.M. Floor closed to Public Comment. Mayor Carbone commented that the Arts Committee should find walls, and solidify those who express a concrete interest. City Manager Norgaard summarized Council direction to tentatively move forward with the mural festival dependent on the walls, with Council Member Hawthorne to come back with how many walls are available, and if walls are available, that an RFP/contract be brought before the Council in February. 10C. Consideration of City RESOLUTION Authorizing the City Manager to Execute a Professional Service Agreement with California Consulting at a cost not to Exceed $20,000 to Perform Grant Related Services City Manager Vibeke Norgaard presented the staff report for grant related services with California Consulting, a firm based in California that conducts grant research and identification, and will work with City Staff to identify grants for the City. Staff proposes an agreement with California Consulting to secure grants on a per grant basis plus out of pocket expenses. The contract would not exceed $20,000 and is effective through June 30, 2023, and can be amended in June should the Council decide to retain their services. Mr. Marquez of California Consulting commented that in terms of the billing, that would be addressed by the billing department. City Manager Norgaard clarified the billing process regarding meeting with staff, applying for grants, and grant administration. Interim City Attorney mentioned that large cities get a stream of grants as they have adequate staff and that obtaining a grant writing team would seem feasible. 6:58 P.M. Floor opened for Public Comment. 12

__________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 12.20.22 Regular Meeting There were no comments from the Public in person, via writing or through telecommunications. 6:58 P.M. Floor closed to Public Comment. Council Member Sofer commented that she was able to run a fire department because of investing in two grant writers. If the City can find a grant writer who is sensitive to the needs of the City, it would make a world of difference. Motion to approve the City Resolution authorizing the City Manager to Execute a Professional Service Agreement with California Consulting at a cost not to Exceed $20,000 to Perform Grant Related Services was made by Council Member Hawthorne, seconded by Council Member Blackwelder. Roll call Vote AYES: Council Members Blackwelder, Carbone, Hawthorne, Sofer. NOES: None. ABSENT: Council Member Cruz. ABSTAIN: None. Motion carried. 10D. Consideration and Approval of City RESOLUTIONS regarding Implementation of Local Transactions and Use Tax: 1) Adoption of City RESOLUTION Authorizing the City Manager to Execute Agreements with the California Department of Tax and Fee Administration for Implementation of a Local Transactions and Use Tax at a Rate of One and One-Half Percent 2) Adoption of City RESOLUTION Authorizing the Examination of Sales or Transaction and Use Taxes Records City Manager Norgaard presented the staff report regarding the Implementation of Local Transactions and Use Tax (TUT), summarized the Ordinance adopted by the Council on July 5, 2022 and adopted by the Electorate on November 8, 2022. She reported that the California Department of Tax and Fee Administration (CDTFA) will be responsible to collect the transactions and use tax, and that the attached resolutions were sent to the City by the State, and is required for the CDTFA to collect, admin