REGULAR MEETING
JOINT SAND CITY COUNCIL AND
SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY
TUESDAY, MARCH 15, 2022
5:30 PM
1 1. ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. INVOCATION
4. ANNOUNCEMENT BY MAYOR, CITY ATTORNEY, & CITY STAFF
AGENDA
JOINT SAND CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
Regular Meeting - Tuesday, March 15, 2022
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/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 #
How to submit written Public Comments:
If any member of the public would like to provide written comments at the meeting, please do as set forth below.
Written: All comments received before 8:00 am the day of the meeting will be posted on the City’s website as “Correspondence” under the relevant agenda item and provided to the City Council members at the meeting. Please email your comments to [email protected].
Read Aloud During the Meeting: Email your comments to [email protected] when the Mayor opens the public comment period for the relevant agenda item; please indicate the agenda item and title in your email subject line. If you want your comment read aloud, prominently write “Read Aloud at Meeting” at the top of the email and your comments will be read into the record (not to exceed three minutes at staff’s cadence).
DURING EACH MEETING, members of the public may participate by calling and speaking live during the designated time(s), subject to time limits that may be imposed pursuant to the Brown Act at the number provided above.
2 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 March 1, 2022 Council Meeting Minutes
3.01.2022 Council Meeting Minutes.pdf
6B. Approval of City RESOLUTION Authorizing the Extension of Remote Teleconference Meetings of the City Council and Boards, Commission, and Committees for the Period of March 19, 2022 through April 18, 2022 pursuant to AB 361 and the Ralph M. Brown Act Provisions
Resolution. Authorizing the Extension of Remote Teleconference Meetings.pdf 6C. Approval of Letter of Support for Veterans Homes in Monterey County Letter of Support for a Veteran's Home in Monterey County.pdf 6D. Approval of City Donation/Contribution
1) Casa de Noche Buena - $1,500
2) PORAC - $250
Donation.memo.pdf
7. CONSIDERATION OF ITEMS PULLED FROM CONSENT CALENDAR
8. PRESENTATION
8A. Presentation and Annual Update by Central Coast Community Energy (10 Minutes)
3.15.2022 Sand City Annual Update. CCCE.pdf
9. NEW BUSINESS
9A. Consideration and Approval of City RESOLUTION Authorizing the City Attorney to Execute a Contract with Liebert Cassidy Whitmore (LCW) to Provide Employment Law and Human Resources Legal Services
Staff Report. Update the Contract with Liebert, Cassidy, Whitmore (LCW).pdf Resolution. Contract with Liebert Cassidy Whitmore (LCW).EXHIBIT A.pdf 9B. Council Consideration and Discussion of Major Terms of Draft Short Term Rental Ordinance
3 Staff Report. Short Term Rentals.pdf
Short Term Rental DRAFT Ordinance.pdf
9C. Comments by Council Members on Items of Interest to Sand City 9D. Upcoming Meetings/Events
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
6A.
Approval of March 1, 2022 Council
Meeting Minutes
5 _____________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes
03.01.22 Regular Meeting
MINUTES
JOINT SAND CITY COUNCIL AND SUCCESSOR
AGENCY OF THE REDEVELOPMENT AGENCY
Regular Meeting - Tuesday, March 1, 2022
5:30 PM
As allowed per Assembly Bill (AB361), this meeting was conducted in person and by teleconference
Mayor Carbone opened the meeting 5:35 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: Vibeke Norgaard, Acting City Manager/City Attorney Connie Horca, City Clerk
Devon Lazzarino, Finance/HR Specialist (virtual attendance) Charles Pooler, City Planner (virtual attendance)
Brian Ferrante, Chief of Police
AGENDA ITEM 2, PLEDGE OF ALLEGIANCE
Mayor Carbone announced that since the pledge of allegiance was conducted during Closed Session, that a moment of silence in honor of fallen Salinas Police Officer Jorge Alvarado Jr. be observed.
AGENDA ITEM 3, INVOCATION
There was no invocation conducted.
AGENDA ITEM 4, ANNOUNCEMENT BY MAYOR, CITY ATTORNEY, & CITY STAFF Acting City Manager Norgaard announced that Mayor Carbone was in the news for recovering someone’s grave stone. She reported on the construction of the gas and sewer lines on Ortiz Avenue, Mancini Sleepworld’s soft opening, and provided updates on the South of Tioga project.
Mayor Carbone received information regarding the status of the Habitat and its delay. She also reported on an invitation she received from the Salvation Army to provide a presentation on the South of Tioga project in late March. Acting City Manager Norgaard suggested that the City Planner and City Manager attend the presentation as well.
AGENDA ITEM 5, COMMUNICATIONS
5:45 P.M. Floor opened for Public Comment.
6 _____________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes
03.01.22 Regular Meeting
Sand City resident Bobbie Harr commented on the lack of housing in Sand City, inability to purchase a home at asking price, and homes that were purchased by investors and turned into Airbnb’s. She inquired on what the City’s position is regarding Airbnb’s.
Acting City Manager Norgaard responded that a draft ordinance will be presented to the Council at a future meeting and that the ordinance would explain the details regarding short term rentals.
She encouraged Ms. Harr to return to a Council meeting to express her views. 5:50 P.M. Floor closed to Public Comment.
AGENDA ITEM 6, CONSENT CALENDAR
6A. Approval of February 15, 2022 Sand City Council Meeting Minutes Motion to approve the Consent Calendar 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, CONSIDERATION OF ITEMS PULLED FROM CONSENT CALENDAR There were no items pulled from the Consent Calendar.
AGENDA ITEM 8, PRESENTATION
The Mayor pulled the presentation from the agenda due to unavailability of the presenter. 8A. Presentation by Amy Sheehan regarding Art Park (10 minutes) AGENDA ITEM 9, NEW BUSINESS
9A. Consideration and Approval of City RESOLUTION Approving a Service Agreement with So-Gnar, Inc. (Pat Milbery) for the 2022 West End Mural Festival "WE" (WE) and Authorizing the City Manager to Enter into the West End Mural Festival Artist Procurement and Curation Service Agreement Acting City Manager/City Attorney Norgaard presented the staff report and reported that the Council discussed the we.mural festival at their February 15, 2022 Council meeting and approved the we.mural festival event for the dates of August 18-25, 2022. The we.mural festival is budgeted for $80,000 and will be spread out during 2 fiscal years as outlined in the staff report. Staff recommends approval of the attached resolution.
Pat Milbery thanked the Council for consideration of the we.mural festival, and was open to any questions from the Council.
In response to Mayor Carbone’s inquiry whether Mr. Milbery was in need of sponsorship letters from the City, Mr. Milbery indicated that he has been actively 7 _____________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes
03.01.22 Regular Meeting
seeking sponsorships for the event, and continues to work with individuals from past events.
Acting City Manger Norgaard responded affirmatively to Council Member Cruz’s inquiry whether sponsorships defray the costs for the event. 6:01 P.M. Floor opened for Public Comment.
Sand City resident Bobbie Harr inquired whether building owners had a choice on what murals were placed on the walls.
Acting City Manager Norgaard responded to Ms. Harr’s inquiry that by attending the public meetings at which the mural designs are considered, citizens have a voice on what can be placed on the walls.
Council Member Hawthorne added that participating artist are chosen from local, national, and international pool of artist, and further explained the process of how the art for the walls is chosen.
Mr. Milbery added that the property owners also have a voice on which art is chosen, level of art work that would be acceptable, reported on the process of submitting a request for proposal, and how artist are chosen.
Ms. Harr commented on the creativity and professionalism of the current artwork.
Mayor Carbone added that a good time to voice resident opinions would be during review of proposals at Arts Committee meetings.
6:10 P.M. Floor closed to Public Comment.
Motion to approve the City Resolution approving a Service Agreement with SoGnar, Inc. (Pat Milbery) for the 2022 West End Mural Festival "WE" (WE) and Authorizing the City Manager to Enter into the West End Mural Festival Artist Procurement and Curation Service Agreement was made by Council Member Sofer, seconded by Council Member Hawthorne. Roll call Vote AYES: Council Members Blackwelder, Carbone, Cruz, Hawthorne, Sofer. NOES: None. ABSENT:
None. ABSTAIN: None. Motion carried.
{Council Members Blackwelder and Hawthorne recused from the meeting due to a possible conflict of interest by residing within 500’ of the subject property} 9B. Discussion and Consideration of Art Park Gate
Acting City Manager Norgaard reported that this item was previously discussed at the June 15, 2021 Council meeting and is coming back to the Council for discussion and consideration due to some miscommunication regarding the cost for construction of the gate which the applicant has indicated would now cost $25,000 to fully construct. The Council approved construction of the gate for a cost of $10,000 and awarded the project to Mr. Saunders, who is willing to build the gate for $10,000 without the decorative palettes which would cost another $15,000. Staff presented several recommendations in light of the increased cost to include, adding $15,000 to 8 _____________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes
03.01.22 Regular Meeting
the FY 2022-2023 budget, authorizing the City Manager to execute a contract for the entire amount of $25,000, issue a new request for proposal for an art park gate for $10,000, or authorize the City manager to enter into a contract for $10,000 without construction of the decorative palettes.
Acting City Manager Norgaard responded to Council Member Cruz’s inquiry regarding the misunderstanding of the difference in the amount.
Council Member Sofer recalls that previous dialogue regarding the amount to fully construct the gate was discussed.
Council Member Cruz reiterated that the cost increase is not budgeted for this fiscal year.
6:15 P.M. Floor opened for Public Comment.
Mr. Fred Saunders reported on his initial conversation with the former City Manager Blair, that the cost to construct the design would be $25,000, and initial construction of the gate only would cost $10,000. He returned the unsigned contract back to City Hall due to the error in cost for construction. Mr. Saunders reported that cost for materials have gone up, and elaborated on the gate structure.
In response to Ms. Lazzarino’s inquiry regarding the timeline for completion, Mr.
Saunders indicate that it would take approximately 2-3 months. 6:28 P.M. Floor closed to Public Comment.
Council Member Cruz suggested submitting a new request for proposal.
Council Member Sofer proposed that the cost could be split between two budgets, and that going out for another RFP may possibly be more costly than the allocated budget.
There was Council discussion regarding the budget, quality of work that can be expected for $10,000, possibility of raising money for the construction of the palettes for the gate, fairness factor, and contemplating another design.
Mayor Carbone repeated staff’s recommendations and the options presented earlier.
Motion to continue to award the cost of $10,000 for construction of the gate only was made by Council Member Sofer, seconded by Council Member Cruz. Roll call Vote AYES: Council Members Carbone, Cruz, Sofer. NOES: None. ABSENT:
None. ABSTAIN: Council Members Blackwelder, Hawthorne. Motion carried. {Council Members Blackwelder and Hawthorne returned to the meeting} 9C. Consideration and Approval of City RESOLUTION Adopting the Proposed City Budget Amendment #1 for Fiscal Year 2021-2022
9 _____________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes
03.01.22 Regular Meeting
Acting City Manager Vibeke Norgaard provided a Powerpoint presentation to the Council on amendment #1 to the fiscal year 2021-2022 budget that included a report on future revenue loss of the desalination facility lease payments, potential future revenue sources from transient occupancy tax, increased sales and property tax, cannabis retail, and short-term rentals, and future potential private revenue sources from development projects. She also reported on major expenditures of current city projects that includes the West Bay Street repair, Calabrese Park and Pendergrass Way Improvements, and West End Stormwater Improvements on Contra Costa and Catalina Streets as wells non-construction expenditures. The amendments to the budget included facilities updates for the Police Lobby, Electrical upgrade, window replacement at City Hall, and police storage container, as well as a proposed amendment for the public safety department due to workers comp. wages, overtime, and employee cash outs. An update on the status of the city parking feasibility and other CIP projects were also presented. She pointed out that the surplus for FY21- 22 is projected to be quite large and that City has been putting surplus funds into a LAIF account that earns very minimal interest. She recommended that in Council meet to update its CIP with its permanent City Manager in the near future.
Finance Specialist Devon Lazzarino agreed that it would be prudent to update the capital improvement plan (CIP). She also suggested the City finish current projects that have been approved, allocate funds for potential projects that need to occur such as undergrounding which the CIP does not have, and to continue to build surplus funds for expensive items.
Council Member Hawthorne commented on the high cost to improve Calabrese Park, expressed his agreement with the undergrounding of power lines, and the importance of concentrating on the lack of parking in the City. Acting City Manager Norgaard reported that the cost to improve Calabrese Park includes the addition of street improvements to the parking lots and Pendergrass Way.
The Mayor thanked Acting City Manager Norgaard for her presentation.
Acting City Manager Norgaard commended Finance Specialist Lazzarino for her work with the budget.
7:14 P.M. Floor opened for Public Comment.
There were no comments from the Public in person, via writing or through telecommunications.
7:14 P.M. Floor closed to Public Comment.
Motion to approve the City Resolution adopting the Proposed City Budget Amendment #1 for Fiscal Year 2021- 2022 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.
9D. Comments by Council Members on Items of Interest to Sand City 10 _____________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes
03.01.22 Regular Meeting
Mayor Carbone reported on an email she received regarding the railroad carts and whether Sand City had any interest.
9E. Upcoming Meetings/Events
Sand City’s 831 First Night event was announced and will be held on Friday, March 4, 2022 at the Art Park.
AGENDA ITEM 10, ADJOURNMENT
There was consensus of the Council to adjourn the meeting at 7:23 p.m. to the next regularly scheduled meeting on March 15, 2022 at 5:30 p.m. _______________________________
Connie Horca, City Clerk
11 AGENDA ITEM
6B.
Approval of City RESOLUTION Authorizing
the Extension of Remote Teleconference
Meetings of the City Council and Boards,
Commission, and Committees for the
Period of March 19, 2022 through April 18,
2022 pursuant to AB 361 and the Ralph M.
Brown Act Provisions
12 CITY OF SAND CITY
RESOLUTION SC 22-__, 2022
RESOLUTION OF THE CITY COUNCIL OF SAND CITY
AUTHORIZING THE EXTENSION OF REMOTE TELECONFERENCE MEETINGS OF
THE CITY COUNCIL AND BOARDS, COMMISSIONS, AND COMMITTEES FOR THE PERIOD OF MARCH 19, 2022 THROUGH APRIL 18, 2022 PURSUANT TO AB 361 AND RALPH M. BROWN ACT PROVISIONS
WHEREAS, the City of Sand City (“the City”) is committed to preserving and nurturing public access and participation in meetings of the City Council and boards, commissions, and committees (collectively, “legislative bodies”); and WHEREAS, all meetings of the City’s legislative bodies are open and public, as required by Government Code sections 54950-54963 (the “Ralph M. Brown Act”) so that any member of the public may attend public meetings, watch the City’s legislative bodies conduct their public business, and participate by directly addressing the legislative bodies; and
WHEREAS, pursuant to Governor Newsom’s signing of Assembly Bill 361 (“AB 361”) on September 16, 2021, Government Code section 54953(e) provides for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, AB 361 applies to meetings during a proclaimed state of emergency and when state or local officials have imposed or recommended measures to promote social distancing; and
WHEREAS, a state of emergency exists in California as a result of the threat of COVID19 as proclaimed by Governor Newsom on March 4, 2020, and the state of emergency has not been terminated pursuant to Government Code section 8629; and WHEREAS, the California Department of Public Health (“CDPH”) and the federal Centers for Disease Control and Prevention (“CDC”) caution that the Delta variant of COVID-19, currently the dominant strain of COVID-19 in the country, is more transmissible than prior variants of the virus, may cause more severe illness, and that even fully vaccinated individuals can spread the virus to others resulting in rapid and alarming rates of COVID-19 cases and hospitalizations; and WHEREAS, other variants of COVID-19 exist, and it is unknown at this time whether other variants may result in a new surge in COVID-19 cases; and WHEREAS, the CDC has established a “Community Transmission” metric with four tiers designed to reflect a community’s COVID-19 case rate and percent positivity, and 13 Sand City Resolution SC 22- , 2022
community transmission in Monterey County, as of January 31, 2022, is ranked as “high” (the most serious level) based on data collected by the CDC; and WHEREAS, due to the severity of the current pandemic situation, the CDPH has required that all unvaccinated persons wear facial coverings indoors, and the CDC and CDPH recommend that all persons, regardless of vaccination status, wear facial coverings indoors; and
WHEREAS, due to the severity of the current pandemic situation in the County of Monterey, the Monterey County Health Department issued, on September 22, 2021, a recommendation to local legislative bodies recommending physical and social distancing strategies, including the use of remotely attended public meetings; and WHEREAS, the City Council has an important governmental interest in protecting the health, safety and welfare of those who participate in meetings of the City’s legislative bodies subject to the Brown Act; and
WHEREAS, the City Council does hereby confirm the circumstances of the state of emergency and finds that meeting in person for meetings of the legislative bodies of the City would present imminent risks to the health or safety of attendees, and therefore that the legislative bodies of the City may conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of Section 54953; and
WHEREAS, in order to ensure that the public has full access to observe and participate in the public meetings of its legislative bodies, the City provides free internet-based public meeting attendance options, allowing members of the public to address the City’s legislative bodies directly in real time; and
WHEREAS, the City determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sand City as follows:
SECTION 1. The recitals set forth above are true and correct and are adopted by the City Council as findings in support of this Resolution.
SECTION 2. The City Manager, City Attorney, staff, and legislative bodies of the City are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution, including conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.
14 Sand City Resolution SC 22- , 2022
SECTION 3. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) March 18, 2022, or (ii) such time as the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City of Monterey may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.
PASSED AND ADOPTED by the City Council of Sand City on this ___, day of March 2022, by the following vote:
AYES: Council Members
NOES:
ABSENT:
ABSTAIN:
APPROVED:
________________________
Mary Ann Carbone, Mayor
ATTEST:
________________________
Connie Horca, City Clerk
15 AGENDA ITEM
6C.
Approval of Letter of Support for Veterans
Homes in Monterey County
16 17
18 AGENDA ITEM
6D.
Approval of City Donation/Contribution
1) Casa de Noche Buena - $1,500 2)
PORAC - $250
19 Memo _______________________________________________________________________ To: Mayor and City Council
From: Vibeke Norgaard, Acting City Manager
Date: March 9, 2022 (for March 15, 2022 Council meeting) Subject: Review of City Donation/Contribution
______________________________________________________________________ Attached are requests for support and contribution for fiscal year 2021-22. After reviewing these requests, the following donation are recommended:
• Casa de Noche Buena - $1,500
• Police Officers Research Association of California (PORAC) on behalf of fallen Officer Jorge Alvarado - $250
If any Council member wants to discuss a request or to propose a different contribution, then this item should be pulled from the consent calendar for discussion with the full Council.
The following finding is specified in the annual City/Successor Agency Budget: “The Sand City Council finds that it is a valid public purpose and in the best interest of this small city to support and participate in various community programs and activities of the larger Monterey Peninsula area. This support includes not only the City’s financial contributions outlined in the attached pages but also the active involvement/participation by council members, city staff, Sand City businesses and citizens. This is Sand City’s pledge and commitment of support for the larger regional community in which it is an active and dedicated member”.
20 21
22 23
24 25
AGENDA ITEM
8A.
Presentation and Annual Update by
Central Coast Community Energy (10
Minutes)
26 Annual Member Agency
Update
City of Sand City
March 08, 2022
27 How Does CCA Work?
“A Partnership to support shared customers”
28 29
WHO WE ARE?
30 CCCE GOVERNANCE
Policy Board: Meets 4 Times Annually including Annual Meeting Operations Board: Meets 10 Times Annually including Annual Meeting Community Advisory Council: Meets 7 Times Annually including Annual Meeting County of
Santa Cruz
City of Santa
Cruz
City of
Watsonville
County of
Monterey
City of
Salinas
County of
San Benito
County of
Santa
Barbara
City of Santa
Maria
Coastal
Cities
Marina
Sand City*
Seaside
Del Rey
Oaks
Peninsula
Cities
Carmel
Monterey
Pacific*
Grove
Salinas
Cities
Greenfield
Gonzales
Soledad*
San Benito
Cities
Hollister*
San Juan
Bautista
Santa Cruz
Cities
Capitola*
Scotts
Valley
San Luis
Obispo
Cities
San Luis
Obispo*
Morro Bay
Paso Robles
South
County
Cities
Arroyo
Grande
Grover
Beach
Pismo*
Beach
SB County
Cities
Guadalupe
Solvang*
Buellton
SB County
Cities
Goleta
Carpinteria*
*City representative currently serving in a shared seat. 31 CCCE Accomplishments
Local Choice
• 3Cchoice-clean and renewable offering
• 94% enrollment
• Largest CCA service area
Economic Vitality
• $27 million – Energy programs
• Est. $50 million – Customer savings
• $25 million – Resiliency Fund
Local Support
• $1 million in Local Vendor Contracts
• 38 full time employees
• 2 offices – Monterey & San Luis Obispo
Clean Energy
• 889 MWs of Renewables – solar, wind,
geothermal
• 261 MWs of battery storage
• Pathway to 100% clean and renewable
Financial Stability
• Received “A” Rating from S&P
• Over $140 Million in Rate Stabilization
Fund
• Service and Loans Paid Off
32 Photo Credit: 2020 Rutgers, The State University of New Jersey 33
FAST TRACKING NEW ENERGY DEVELOPMENT
Cost of Service (COS) Rate Design
These projects will serve about 61% of CCCE’s retail load when all are online, expected in 2025.
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
2021 2022 2023 2024 2025 2026 2027 2028 2029 2030
CCCE Long-term (LT) Contracting Status as a % of Retail Load 3CE Executed PPA % State RPS Requirement %
State RPS LT Contracting Requirement % 3CE's Procurement Policy % CCCE's Executed Contract Summary
Project Type Count Gen Capacity (MW) Storage Capacity
(MW)
Solar + Storage PPAs 9 633 201
Solar Only PPAs 1 150
Wind PPAs 1 33
Geothermal PPAs 2 73
RA Only Agreement 1 60
14 889 261
34 CCCE COMMITMENT TO RENEWABLE PROCUREMENT
• contracted for approximately $1 billion in long term solar plus storage contracts since 2018
• shortlisted 7 local projects through its local renewables RFP • Joined other CCAs to advance long duration storage RFP to support grid reliability through existing and new technologies
• issued an RFQ for up to 100MW of front of the meter battery storage, with the potential to island projects for increased resiliency 35 CCCE HISTORIC RATES & COVID-19
RESPONSE
2018
3% rebate
2019
5% rebate
Jan – April
2020
7% monthly
discount
May & June
2020
50% Bill
Reduction
July 2020 –
Feb 2022
2% discount
36 Long-term rate adoption increases predictability and rate stability Customer choices and transparency improve with simplified customer classes
New rates increase customer rate equity throughout customer segments
New rate structure maintains competitive rates across all customer segments
https://3cenergy.org/2022-energy-choices/
GOALS OF 2022 CCCE SERVICE OFFERINGS
37 APPROVED APPROACH TO RATE DESIGN
Cost of Service (COS) Rate Design
1. Estimate the total cost necessary to serve all 3CE customers • Power procurement
• Energy Programs
• Rate stabilization fund
• Administrative costs
2. Create simple, easily understood customer classes based on size and usage profile
3. Allocate total cost across customer classes
4. Adjust allocations so each class will save a minimum of 1% relative to PG&E
5. Design rates for each customer class to recover costs allocated to that class
6. Rates will go live effective March 1, 2022 for customers within PG&E’s service territory 38 Overview:
• $1.3 million in FY 18/19
• $5.4 million in FY 19/20
• $6.2 million in FY 20/21
• Estimated $14.1 million in FY 21/22
• 4% of operating revenue in FY 21/22
Electrification in building and
transportation sectors could
result in $3 billion of untapped
revenue market wide
CCCE Energy Programs
13 FY 21/22 Energy Programs
Electrify Your Ride - $2.8 million – NOVEMBER 2021
School Bus Electrification - $1 million - OCTOBER 2021
Agriculture Electrification - $600k - OCTOBER 2021
Residential Electrification - $1.6 million
New Construction Electrification - $1.5 million – OCYOBER 2021 Reach Code - $60k
Battery Energy Storage Pilot - $350k
Summer Readiness - $400k
Energy Education, Workforce Development and Innovation Grants - $1 million
Greenhouse Gas Inventory - $64k
39 Planning and Implementation
• Funding for planning and implementation projects related to electrification • Intended for member agencies to electrify their vehicle fleets, municipal properties, and the community infrastructure that serves households and businesses.
Innovation
• Funding to deploy new and innovative electrification or other clean energyrelated technology for municipal or community buildings and/or fleets. • Intended to foster market transformation, demonstrate scalable and replicable solutions, and identify potential future CCCE energy program concepts.
Electrification and Innovation Grant Program
40 Locally Sited Front of the Meter
Distributed Energy Storage Projects
Benefits
• Rate Stability reduced energy cost & reduced RA cost
• Grid Stability local power supply, critical period imports reduced => fewer outages • Grid services balance power flows
• Reduced GHGs evening dispatch of day-time “solar” electrons • Local jobs building and maintaining facilities
• Potential “microgrid” islanding => resiliency
41 Medium and Heavy-Duty Vehicle Electrification Program • Intended to support the electrification of Member Agency medium and heavyduty fleet vehicles • Potential applications include street sweepers, refuse trucks, dump trucks, and first response vehicles
• CCCE will reserve funds for qualifying projects and funds will be dispersed once purchases and/or projects are completed
• Intended to work in coordination with city/county purchasing schedules and policies
• Incentives likely to be tied to increased cost of electric models from standard internal combustion options
42 September 30, 2021
COMING MID-NOVEMBER 2021
New and expanded Electrify Your Ride program will incentivize EV's, EV Chargers AND Electric Bikes with our largest energy program budget to date!
43 City of Greenfield
by The Numbers
(95.09% Enrollment)
• 387 Total Enrolled Customers
• 108 Residential
• 278 Commercial
• 0 Agricultural
44 Salinas & San Luis Obispo
Provided lunch & PPE to almost 500
workers and counting
FIELD PROMOTION 2021
45 Customer Resources & Tools
Phase 1
- Creating resources to help
customers get access to data and
make informed rate decisions
- Customer Energy Portal
- Rate Comparison Tool for Cost of
Service
Phase 2
- Harnessing customer data to
integrate energy programs and
opportunities for electrification
46 Vendor Registry
47 A Unified Central Coast CCA
Key Updates:
• Adopted Cost of Service rate structure to achieve
agency goals
• Working with CCCE member agencies on
regulatory and legislative matters that ensure
customer fairness and equal access to resources
• Pathway to achieve 100% clean and renewable
energy by 2030
• Leveraging Community Advisory Council for
outreach and non-voting seat participation on Operations & Policy Boards • Engaging with the community around
development of future programs
• Enrollment of over 140k customers in 2021 & 2022
across 12 communities
48 Stay Connected with CCCE
Follow us online, join our newsletter and board agenda notification list, and check our extensive FAQ section on the website.
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49 AGENDA ITEM
9A.
Consideration and Approval of City
RESOLUTION Authorizing the City
Attorney to Execute a Contract with
Liebert Cassidy Whitmore (LCW) to
Provide Employment Law and Human
Resources Legal Services
50 City of Sand City
Staff Memo
TO: Honorable Mayor and City Council
FROM: Vibeke Norgaard, City Attorney/Acting City Manager DATE: March 9, 2022 (for March 18, 2022 meeting)
SUBJECT: Update Contract with LCW
Background/Discussion:
The City has on occasion sought the advice of the law firm Liebert Cassidy and Whitmore (LCW) to perform certain employment law related legal services for the City when specialized expertise was required to address human resource questions. Since 2016, the City has entered into contracts with LCW for this purpose. However, the City does not have a current contract with LCW and is therefore requesting that the Council approve the attached contract (Attachment 1 to Exhibit A).
CEQA:
This action does not constitute a "project" as defined by the California Environmental Quality Act (CEQA) guidelines section 15378.
Fiscal Impact:
The hourly rates for services are attached as Schedule I. They range from $210-$380 an hour.
The Adopted Budget FY 21-22 had $40,000 allocated for outside council/HR, which was not amended in the budget amendment #1.
Recommendation:
Staff recommends Council adopt the resolution attached as Exhibit A approving a contract for legal services with Liebert Cassidy Whitmore.
Agenda
Item
9A
51 EXHIBIT A
CITY OF SAND CITY
RESOLUTION SC ___, 2022
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAND CITY AUTHORIZING THE CITY
ATTORNEY TO EXECUTE A CONTRACT WITH LIEBERT CASSIDY WHITMORE (LCW) TO PROVIDE
EMPLOYMENT LAW AND HUMAN RESOURCES LEGAL SERVICES
WHEREAS, the City on occasion requires specialized legal services in human resources and employment law; and
WHEREAS, having assisted hundreds of local agencies throughout California, Liebert Cassidy Whitmore (LCW) has extensive experience and specializes in assisting public entities in all reviewing and revising of their personnel policies and procedures; and
WHEREAS, LCW has advised the City in human resource and employment matters since 2016.
NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of Sand City as follows:
1) the City Attorney is hereby authorized to execute the attached contract with LCW, attached hereto and incorporated herein as Attachment 1.
2) LCW will maintain a current Sand City Business License for the duration of this contract.
PASSED AND ADOPTED by the City Council of the City of Sand City on this ___day of March, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
________________________________
Mary Ann Carbone, Mayor
ATTEST:
____________________________
Connie Horca, City Clerk
52 Attachment 1
53 54
55 56
57 58
AGENDA ITEM
9B.
Council Consideration and Discussion of
Major Terms of Draft Short Term Rental
Ordinance
59 1
City of Sand City
Staff Report
TO: Honorable Mayor and City Council Members
FROM: Vibeke Norgaard, Acting City Manager /City Attorney DATE: March 8, 2022 (Meeting date: March 18, 2022)
SUBJECT: Short-Term Rentals
Background:
As the City Council is aware, an unknown number of residential properties in Sand City are currently operating as Short-Term Rental units (rentals of units for 30 days or less) (“STR”).
Such properties are advertised on online hosting platforms such as Airbnb and VRBO. The Municipal Code contains no regulation governing the use of properties for Short-Term Rentals.
At the June 1, 2021 City Council meeting, Council directed staff to draft an ordinance regulating the use of properties operating as Short-Term Rentals. Some of the key directions of City Council included the desire to collect Transient Occupancy Tax (“TOT”) from Short-Term Rentals, the desire to establish a maximum number of Short-Term Rental units permitted to operate in the City, and the intent to establish rules and regulations governing the operation standards of Short-Term Rentals to prevent the degradation of the residential character of the neighborhoods in which they operate.
The Proposed Ordinance:
The City Attorney has explored many options for regulating Short-Term rentals and concluded the proposed Ordinance, a draft of which is attached to this staff report as Exhibit A (“Ordinance”), is best suited to achieve the goals of the Council while allowing significant flexibility for homeowners to operate Short-Term Rentals. Based on the ordinances reviewed from other jurisdictions, the proposed Ordinance achieves a middle ground between the most stringent and most permissive regulations. For instance, some cities ban Short-Term Rentals entirely, others do not permit the use of un-hosted rentals. The Ordinance as proposed, allows for hosted and un-hosted rentals, but requires safeguards such as an on-call site manager to be available to respond to concerns within 30 minutes to alleviate any issues posed by an unhosted rental.
Other cities prohibit Short-Term Rentals in certain portions of the city. Given the size of Sand City, this type of restriction was not considered.
Existing Short-Term Rentals - Waitlist:
Another issue is whether or not and how to allow Short-Term Rentals currently operating to continue to operate, while bringing them into compliance with the new Ordinance. Some cities have simply grandfathered these uses in, others have prohibited their use entirely until they Agenda
Item
9B
60 2
come into compliance with the ordinance. Even others have established a lottery system for issuing permits whether or not a property owner was operating before the effective date of the ordinance. After a consideration of these approaches, and given the uncertainty about the number of properties currently operating, the City Attorney’s office is recommending all applications be put on a waitlist, which will be reviewed in the order received. To establish priority on the waitlist for property owners currently operating Short-Term Rentals, these owners shall have 60 days in which to submit their application, before the waitlist opens to the general public.
Cap on number of Rentals by separate resolution:
The City Attorney also advises that a Cap on Short-Term Rental Permits be established by resolution prior to the effective date of the Ordinance. While it may be beneficial for the City to assess the number of applicants prior to establishing the Cap, this may draw criticism of bias in the process, especially for applicant’s whose applications on the waitlist fall outside the Cap limit. While the City would be able to defend any such challenge, setting the Cap before applications are received would eliminate any prospect of challenge or appearance of bias.
Additional provisions:
In addition to the above, other main provisions in the draft Ordinance are:
• Prohibits large gatherings -- no occupants above two guests per bedroom plus two additional are allowed.
• Excludes affordable housing units from being used as short-term rentals. • Requires building inspection prior to obtaining or renewing a permit to ensure up to code.
CEQA: The action to discuss, consider the Ordinance Amending the Sand City Municipal Code to Add Chapter 5.19 – Short-Term Rentals - is exempt from the California Environmental Quality Act (“CEQA”) under the general rule under Guidelines Section 15061(b)(3) because CEQA only applies to projects that have the potential for causing a significant effect on the environment and the Ordinance does not involve a commitment to any specific project that may cause a potentially significant physical effect on the environment.
Fiscal Impact:
None, other than the time necessary for staff to prepare this report, and the administrative costs associated with processing of Short-Term Rental Permit applications, and performing inspections. The collection of TOT, application fees, renewal fees, and inspection fees are intended to offset these costs.
Recommendation:
Staff recommends Council review the proposed Ordinance and provide additional direction so staff may revise the ordinance before bringing it back to Council for its consideration for adoption.
Exhibits/Attachment:
A: Draft Ordinance
61 1
5.20.010 Purpose and Intent
This Chapter authorizes short-term rental use of a dwelling unit for remuneration for less than thirty (30) consecutive days and establishes short-term rental permit requirements and limitations. This Chapter also sets regulations to enforce these requirements and limitations, and collection and payment of fees and transient occupancy tax (“TOT”). For purposes of this Chapter, a short-term rental is intended to meet the definition of “Hotel” found in Section
3.24.020 of the Sand City Municipal Code.
5.20.020 Prohibition of Transient Use
The transient use or short-term rental of residential property by any owner, representative, responsible tenant, person acting as an agent, real estate broker, real estate sales agent, property manager, reservation service, or anyone who otherwise uses, arranges, or negotiates for the use of residential property for remuneration is prohibited, except as otherwise expressly permitted by this Chapter, and for which a short-term license is issued under this Chapter. The short-term rental of residential property without a license is a violation of this Chapter and enforced under Chapter 1.18 of the Sand City Municipal Code.
5.20.030 Definitions
“Advertising” means signs, circulars, cards, telephone books, newspapers, magazines, posters, email, mobile applications, television, radio, internet websites, and social media, or any other representation implying or stating that a property is available for short-term rental use. “Affordable Housing unit” means any property qualifying for affordable housing cost under Health & Safety Code § 50052.5.
“City Manager” means the City Manager of the City of Sand City or his or her designee. “Host” means an owner or entity that rents out a residence to third parties for short-term rental use.
“Hosted rental” means a home-sharing activity whereby a portion of a primary residence is rented.
“Hosting platform” means a marketplace in whatever form or format that facilitates the shortterm rental activity through advertising, match-making, or any other means, using any medium of facilitation, and from which the operator of the hosting platform derives revenues, including booking fees or advertising revenues, from providing or maintaining the marketplace. “Occupant” means any person who is on or in a short-term rental property other than service providers or the Owner, whether or not the person stays overnight. “Owner” means the person(s) or entity(ies) that hold legal or equitable title to a dwelling.
EXHIBIT A
62 2
“Short-term rental” or “STR” means a privately owned residential dwelling, such, as, but not limited to, a single-family detached or multiple family attached dwelling, apartment house, condominium, cooperative apartment, duplex, mobile home on permanent foundation, or a manufactured home on permanent foundation, or any portion of such dwellings, rented for occupancy for dwelling, lodging or sleeping purposes for any period of thirty (30) consecutive days or less. Short-term rentals include Hosted and Un-hosted rentals. “Short-term rental use” or “short-term occupancy” means the use, by any person, of residential property for transient lodging where the term of occupancy, possession, or tenancy of the property by the person entitled to such occupancy, possession, or tenancy is less than thirty (30) consecutive calendar days.
“Short-term Rental Permit” or “STR Permit” shall authorize the short-term rental use of an entire dwelling unit.
“Short-term Rental Permit Cap” or “Cap” means the maximum number of Short-Term Rental Permits allowed to be issued under this Chapter.
“Short-Term Rental Permit Waitlist” or “Waitlist” means the list on which applications will be placed by the Planning Department when the number of permits issued by the City exceeds the Cap, and which will be used when permits for issuance become available. “Short-term rental site manager” or “Site Manager” means the representative of the person or entity that owns a Short-term rental.
“Un-hosted rental” means a home-sharing activity whereby the Host remains off-site during the Occupant’s stay.
5.20.040 Short-Term Rental Regulations
A. Short-Term Rentals shall not adversely affect the residential character of the neighborhood, nor shall the use generate noise, vibration, glare, odors, excessive foot traffic, excessive or illegal parking, or other effects that unreasonably interfere with any person’s reasonable enjoyment of his or her residence.
B. It shall be unlawful for any person to advertise, undertake, maintain, authorize, book, or facilitate any renting to transient Occupant on a Hosting Platform or otherwise, without first procuring and remaining in compliance with all conditions of a valid STR permit and any other requirement of this Chapter.
C. No person shall advertise or rent any STR without a City issued STR Permit number depicted in a visible location on the advertisement, including any listing on a Hosting Platform.
No advertising of the STR is permitted on site.
D. STR’s shall not be occupied by more than two (2) Occupants per bedroom plus a total of two (2) additional Occupants at one time. Except as otherwise prohibited by law, the maximum 63 3
occupancy set forth in this section may be reduced in order to provide sufficient paved parking for Occupants. Sufficient paved parking means that there shall be one (1) paved parking space available at the property for every two (2) occupants sixteen (16) years of age or older.
E. All STR’s shall have bathroom facilities accessible to Occupants.
F. Events, parties, or group gatherings in excess of the occupancy limit set in Section
5.20.040 D of the Sand City Municipal Code, including but not limited to weddings, banquets, and corporate events, are prohibited as part of any Short-Term Rental use.
G. No signs shall be posted on the exterior of the dwelling or on the property advertising the Short-Term Rental use.
H. No person shall offer or engage in a Short-Term Rental in any part of the property not approved for residential use, including but not limited to a vehicle parked on the property, a storage shed, trailer, mobile home, garage, or temporary structure such as a tent or yurt.
I. Affordable housing units shall not be eligible for a STR Permit.
J. Each STR Host must appoint a Short-Term Rental Site Manager who shall be on call 24/7 including holidays to manage the Short-Term Rental unit and who shall respond to reported issues, contact the tenants regarding complaints received, and/or be physically present at the Short-Term Rental unit to address reported concerns.
K. Each STR Site Manager shall respond within thirty (30) minutes from the time of notification of any issue to address concerns or complaints pertaining to, but not limited to:
unreasonable use of the STR property, unreasonable noise or disturbance, disorderly or unlawful conduct, overcrowding of the STR unit, or any other requirement or limit in this Chapter or in the City’s administrative policies and procedures.
L. Each STR Host or Site Manager must inform at least (1) responsible Short-Term Rental occupant regarding occupancy, parking, noise, trash collection schedules, and any other requirements or limits in this Chapter or in the City’s administrative policies and procedures.
M. Each STR Host shall post a City-issued placard in a location visible at the front entrance.
The placard shall prominently display the STR Host’s or Site Manager’s contact information, the STR Permit number, and occupancy limits. It shall be the responsibility of the STR Host and Site Manager to immediately notify the City and obtain an updated placard whenever there is a change in contact information or a change in any material fact upon which the STR Permit was issued.
N. Each STR Host or Site Manager shall maintain a valid STR Permit at all times and shall agree to collect and remit TOT (as described by Chapter 3.24 of the Sand City Municipal Code) on all gross receipts from Short-Term Rental use of the property. 64 4
O. Each STR shall sign an indemnification and hold harmless agreement in a form approved by the City Attorney, agreeing to indemnify, save, protect, hold harmless, and defend the City of Sand City, the City Council of City of Sand City, individually and collectively, and the City of Sand City representatives, officers, officials, employees, agents, and volunteers from any claims, demands, damages, fines, obligations, suits, judgments, penalties, causes of action, losses, liabilities, or costs received, incurred, or accrued as a result of, or arising out of the STR Host's actions or inaction in the operation, occupancy, use, and/or maintenance of the STR.
P. Transient Occupancy Tax (TOT) shall be assessed for Short-Term Rentals under Chapter
3.24 of the Sand City Municipal Code.
5.20.050 Short-Term Rental Permit Application Requirements To obtain a STR Permit, the STR Owner shall apply on forms provided by the City. Short-Term Rental Permit applications shall comply with all the terms, conditions, and requirements of this Chapter, including:
A. A STR permit application shall be in the name of the Owner of the real property proposed to be rented under this Chapter.
B. A STR shall be non-transferable, shall not run with the land, and shall be valid only at the site described in the application.
C. Each STR Permit application shall be signed by the Owner and include the following information:
1. Address of the Short-Term Rental unit.
2. Name, address, phone, and email contact information of the Owner of the ShortTerm Rental unit.
3. Name and phone number of the Site whose contact information is to be placed on a placard to be posted within the Short-Term Rental under Section 5.20.040 M of this Chapter.
4. A floor plan and site plan which shows the proposed use of each room in each building and structure.
5. Maximum occupancy of the Short-Term Rental Unit.
6. Number of paved parking spaces on the property.
7. A declaration that any applicable covenants, conditions, and restrictions are consistent with and would not prohibit issuance of a Short-Term Rental Permit for the proposed property.
65 5
8. For Un-hosted rentals, proof that the City has verified smoke and carbon monoxide alarms are installed and fire extinguishers and in accessible locations.
D. Every application for a STR Permit shall be accompanied by the STR Permit Application Fee and Inspection Fee in the amounts established by resolution of the City Council.
E. The Director of the Planning Department, or his or her designee, shall inspect all properties in all STR Permit applications, including renewal applications. STR Permit applicants may have to make improvements or changes to the proposed STR property to ensure that the proposed STR property conforms with all plan area statements and building code standards that were in effect at the time of construction of the STR property, and that no health and safety violations that threaten the well-being of Occupants, neighbors, or the community are present at the STR property.
F. The City Manager may deny an application for a STR Permit for any of the following reasons:
1. The application is incomplete;
2. The application contains a false or misleading statement or omission of material fact;
3. The dwelling is subject to an enforcement action under any provision of the Sand City Municipal Code;
4. The applicant is delinquent on any payment to the City of any fees, penalties, taxes, or any other monies related to the property;
5. Within twenty-four (24) months of application, the applicant had a Short-Term Rental Permit revoked at the property subject to the application or any other property in the City;
6. The operation of a Short-Term Rental at the dwelling is a threat to the public health, safety, or welfare;
7. The number of Short-Term Rental Permits issued by the City has reached the Cap; and/or
8. Inspection of the Short-Term Rental property has shown that the proposed ShortTerm Rental property does not conform with all plan area statements and building code standards that were in effect at time of construction of the Short-Term Rental property or that health and safety violations are present at the Short-Term Rental property that threaten the wellbeing of Occupants, neighbors or the community.
66 6
5.20.060 Short-Term Rental Permit Selection Process
A. The Cap shall be set and amended by resolution of the City Council.
B. All persons or entities interested in operating a STR may apply for a STR Permit along with the application fee.
C. The filing date of the Short-Term Rental Permit application shall be the date when the Director of Development Services officially received the last submission of information or materials required by subsections C and D of Section 5.20.050 of the Sand City Municipal Code.
If the Director of the Planning Department, or his or her designee, determines an application submittal is incomplete, a Short-Term Rental Permit applicant shall be notified of such incompleteness within thirty (30) calendar days of receipt of the Short-Term Rental Permit application by the Planning Department. If the Director of the Planning Department does not receive a complete application within an additional thirty (30) days after notification, the application shall be deemed abandoned and shall not be reviewed, and applicant will not be placed on the Short-Term Rental Permit Waitlist.
D. All Short-Term Rental Permit applications, which have been deemed complete by the Director of the Planning Department, shall be placed on the Short-Term Rental Waitlist in the order of the application’s filing date. Short-Term Rental Permit applications shall only be reviewed by the Development Services Director in the order of ranking as established by the Short-Term Rental Waitlist.
E. Upon the effective date of the Ordinance codified in this Section, any person or entity operating a Short-Term Rental before March 1, 2022 shall have sixty (60) days from the effective date of the ordinance to submit a Short-Term Rental Permit application in conformance with Section 5.20.050 of the Sand City Municipal Code to establish priority on the Short-Term Rental Waitlist. Short-Term Rental Permit applications submitted within sixty (60) days of the effective date of the Ordinance shall be deemed incomplete unless accompanied by all TOT required to be remitted to the City by the applicant from the prior six (6) months. Upon the expiration of this sixty (60) day period, all other persons or entities may submit a Short-Term Rental Permit application.
F. The Director of the Planning Department shall review Short-Term Rental Permit applications and inspect Short-Term Rental properties in the order received until all applications on the Short-Term Rental Permit Waitlist have been reviewed or until the City determines the Cap has been reached.
5.20.070 Expiration and Renewal of Short-Term Rental Permits A. A STR Permit shall expire one (1) year from issuance.
B. STR Permits must be renewed annually before expiration by filing a renewal application accompanied by the renewal fee (as established by resolution of the City Council) and the Inspection fee with the Director of the Planning Department. 67 7
C. If a timely renewal application is filed, the STR Permit shall not expire until the date that the Director of the Planning Department approves or denies the renewal application. If a timely renewal application is not filed, the STR Permit shall expire and shall be considered null and void.
D. A STR may not be renewed if the STR Host does not meet the renewal requirements, including:
1. The timely filing of a renewal application;
2. payment of the renewal fee;
3. payment of the inspection fee;
4. payment of the business license tax as described more fully in Chapter 5.04 of the Sand City Municipal Code.
5. the STR Host is deemed to have substantially conformed with this Chapter for the preceding year;
6. the STR Host documents and provides any changes that have occurred to the information in the current STR Permit or application; and
7. completion of a rental inspection as described in this Chapter.
5.20.080 Revocation of Short-Term Rental Permit
A. A STR Permit issued under the terms of this Chapter may be revoked by the Director of the Planning Department at any time if he or she concludes any of the following:
1. The STR Host or property owner is not current on TOTs and has not paid all said taxes to the City in full by the date upon which said taxes became due.
2. There have been two (2) or more upheld citations for violations of the City Municipal Code which citations were issued during two (2) separate events and/or calls for service for violations of the City Municipal Code at the Short-Term Rental Unit, on two (2) different dates within any twelve (12) month period. For purposes of this Section, upheld citations means citations which were neither overturned on appeal nor dismissed.
3. Any event occurs at a Short-Term Rental property in which charges for criminal activity are filed by the Monterey County District Attorney against an Occupant of the Short-Term Rental property.
68 8
4. The STR Host submitted a Short-Term Rental Permit Application containing a material misrepresentation or omission of a material fact.
5. There has been a transfer or attempt to transfer a STR Permit to another person, entity, or property.
6. A change occurs in any material fact upon which the STR Permit was issued where the change was not reported to the City within fourteen (14) days.
7. The STR Host or Site Manager failed to timely respond to two (2) complaints pertaining to any of the following: unreasonable use of the Short-Term Rental property, unreasonable noise or disturbance, disorderly or unlawful conduct, overcrowding of the Short-Term Rental unit, or any other requirement or limit in this Chapter.
8. The STR Host fails to post and maintain a City-issued placard in a location visible at the front entrance displaying the Short-Term Rental Host’s or Site Manager’s contact information, the Short-Term Rental Permit number, and occupancy limits.
5.20.090 Enforcement
A. Any use or condition caused or permitted to exist in violation of this article shall be and is declared a public nuisance and may be summarily abated by the City under Code of Civil Procedure Section 731, Sand City Municipal Code Section 1.16.010, or any other remedy available to the City.
B. Any use or condition caused or permitted to exist in violation of any provision of this Chapter shall be charged as a misdemeanor pursuant to Section 1.16.020 of the Sand City Municipal Code.
C. Where a Short-Term Rental Host or Site Manager of the Short-Term Rental reports a violation of any provision of this Article, which violation was caused or permitted to exist by the Short-Term Rental occupants, the City shall not issue a citation to said Short-Term Rental Host or Site Manager and shall only issue a citation, where warranted, to the occupants.
D. Owners or their agents found operating a Short-Term Rental without a permit after [INSERT DATE], shall be fined according to a schedule established by resolution of the City Council.
5.20.100 Hearing and Appeal of Denial or Revocation
A. Any person denied a Short-Term Rental Permit, or any person whose Short-Term Rental Permit has been revoked, may request a hearing from the City Attorney. The request for a hearing must be in writing and must be made within ten (10) calendar days from the decision denying or revoking the Short-Term Rental Permit. Upon receiving a written request for a hearing, the City Attorney or his/her delegate shall call a hearing within twenty-one (21) days 69 9
thereafter and shall set forth in writing and send to the applicant or permittee by registered mail, certified mail, or hand delivery, notice of the date, time, and place of the hearing at least five (5) days before the hearing date. The hearing shall be conducted to determine the existence of any facts which constitute grounds for the denial or revocation of a Short-Term Rental Permit. The hearing shall be conducted by a hearing officer, appointed by the City Attorney. The applicant or permittee may have the assistance of counsel or may appear by counsel and may present evidence. If the applicant or permittee fails to appear at the hearing, the evidence or the existence of facts which constitute grounds for denial or revocation of the license or permit shall be considered unrebutted. A copy of the decision of the Hearing Officer specifying findings of fact and the reasons for the decision shall be furnished to the applicant or licensee. The Hearing Officer shall inform the Party against whom the decision is rendered of his or her right of appeal under Section 5.20.100 C of the Sand City Municipal Code.
B. The effect of a decision by the Hearing Officer shall be stayed while an appeal to the City Council is pending or until the time for filing such appeal has expired. If an appeal is not timely filed, the decision of the Hearing Officer shall be final.
C. Within ten (10) days after receipt of the decision of the Hearing Officer, any Party affected by the decision may file with the City Clerk a written request for a public hearing before the City Council. Upon filing such a request, the City Clerk shall within twenty-one (21) days thereafter set the matter for a hearing and shall notify the applicant of the date, time, and place of such hearing at least five (5) days before the hearing date. At the hearing, any person may present evidence opposing, or in support of, appellant’s case. At the conclusion of the hearing, the City Council shall either grant or deny the appeal. The decision of the City Council shall be final.
5.20.110 No Property Rights Conferred
Short-Term Rental Permits shall not be construed as providing property rights or vested interests and entitlements in continued operation of a Short-Term Rental. Short-Term Rental Permits are revocable licenses which expire annually.
5.20.120 Fees
The City Council may establish and set by resolution all fees and charges as may be necessary to effectuate the purpose of this Chapter.
5.20.130 Administration
The City Manager, or designee, shall have the authority to establish administrative rules and regulations consistent with this Chapter for interpreting, clarifying, carrying out, furthering, and enforcing the requirements and provisions of this Chapter.
5.20.140 Severability
70 10
If any provision or clause of this Chapter or the application thereof to any person or circumstances is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other section provisions or clauses or applications, and to this end the provisions, sections and clauses of this ordinance are declared to be severable. 5075719.4
71 AGENDA ITEM
9C.
Comments by Council Members on Items
of Interest to Sand City
72 AGENDA ITEM
9D.
Upcoming Meetings/Events
73