Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 03.15.22 Regular Meeting
MINUTES
JOINT SAND CITY COUNCIL AND SUCCESSOR
AGENCY OF THE FORMER REDEVELOPMENT AGENCY
Regular Meeting - Tuesday, March 15, 2022
5:30 PM
As allowed per Assembly Bill (AB361), this meeting was conducted in person and by teleconference
Mayor Carbone opened the meeting 5:37 p.m.
AGENDA ITEM 1, ROLL CALL
Present: Mayor Mary Ann Carbone
Council Member Cruz (excused absence)
Council Member Sofer
Council Member Hawthorne
Council Member Blackwelder
Staff: Vibeke Norgaard, Acting City Manager/City Attorney Connie Horca, City Clerk
Brian Ferrante, Chief of Police
AGENDA ITEM 2, PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Police Chief Brian Ferrante.
AGENDA ITEM 3, INVOCATION
There was no invocation.
AGENDA ITEM 4, ANNOUNCEMENT BY MAYOR, CITY ATTORNEY, & CITY STAFF Mayor Carbone reported on meetings she attended, the increase of State revenues, Prop 47 Legislation, Assembly Bill 1393 mandating vaccines, City Leaders Summit, and Assembly Bill 1646. She also provided an update regarding Monterey County news of the decrease in covid omicron cases, possible discontinuance of County held Zoom meetings, broadband issues, attendance at the Board of Supervisors water meeting, and on the Community Garden Kindness Rocks signage.
Acting City Manager Norgaard reported that the City Managers report was re-created for ease of comprehension, provided a status report on the Ortiz Avenue sewer project, and citizen outreach regarding a Transactions and Use Tax.
Police Chief Ferrante provided additional information regarding the sewer project, the purpose of the k-rail installation, and the contract timeline for project completion.
Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 03.15.22 Regular Meeting
AGENDA ITEM 5, COMMUNICATIONS
5:54 P.M. Floor opened for Public Comment.
There were no comments from the Public in person, via writing or through telecommunications on items not appearing on the agenda. 5:54 P.M. Floor closed to Public Comment.
AGENDA ITEM 6, CONSENT CALENDAR
6A. There was no discussion of the March 1, 2022 Council Meeting Minutes. 6B. 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 March 19, 2022 through April 18, 2022 pursuant to AB 361 and the Ralph M. Brown Act Provisions.
6C. There was no discussion of the Letter of Support for Veterans Homes in Monterey County.
6D. There was no discussion of the City Donation/Contribution to Casa de Noche Buena for $1,500, and PORAC in memory of fallen officer Jorge Alvarado Jr. for $250.
Motion to approve the Consent Calendar was made by Council Member Blackwelder, seconded by Council Member Cruz. 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, PRESENTATION
8A. Presentation and Annual Update by Central Coast Community Energy (10 Minutes)
Senior Commercial Services Manager Gabe Ruiz, presented and explained Central Coast Community Energy’s (3CE) operation and utility partnership, displayed city involvement and governance seats, accomplishments, energy programs, energy rate reductions during the height of the pandemic, and future goals for renewable energy sources by 2030. He reported on rebate programs and incentives for the purchase of new electric vehicles, residential charging stations, and various customer resources and tools.
Mr. Ruiz responded to Council Member Hawthorne’s inquiry regarding an already purchased electronic vehicle, and that the program is for newly purchased vehicles.
However, there are other programs such as residential charging stations that an Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 03.15.22 Regular Meeting
application can be submitted towards. He also mentioned other incentives and offers available.
The Mayor mentioned the purchase of four electronic vehicles by Monterey Bay Air Resources District.
6:24 P.M. The Mayor opened the floor for public comment and seeing none, closed the floor for public comment.
The Mayor thanked Mr. Ruiz for the presentation.
AGENDA ITEM 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 Acting City Manager Norgaard presented the item regarding renewal of a contract with Liebert Cassidy Whitmore (LCW). The City has used LCW in the past for employment law and human resource matters. There is no change in their costs for services, and the budget amendment includes an allocation of $40,000 for the year.
Staff recommends approval of the attached resolution.
6:28 P.M. The Mayor opened the floor for public comment and seeing none, closed the floor for public comment.
Motion to approve the City Resolution authorizing the City Attorney to Execute a Contract with Liebert Cassidy Whitmore (LCW) to Provide Employment Law and Human Resources Legal 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.
9B. Council Consideration and Discussion of Major Terms of Draft Short Term Rental Ordinance
Acting City Manager/City Attorney Norgaard reported that at the June 21, 2022 Council meeting, the Council directed staff to prepare a short-term rental (STR) ordinance. The attached draft short term rental ordinance is not presented for first reading and can be changed subject to Council’s discretion. Ms. Norgaard summarized the main points of the draft ordinance that would create restrictions on the ability to short term rent property in sand city - to include that unit rentals are 30 days or less, a permit must be obtained, unlawful to advertise without a permit, limits the number of occupants to 2 per room plus an additional 2 people, must have a bathroom facility, prohibits parties with large gatherings, no advertisement on the building, prohibited on property not approved for residential use, and that affordable housing units are ineligible. She also mentioned that the draft contemplated that a site manger would be on call 24/7 who must respond within 30 minutes, and that Host’s must inform occupants of noise regulations, post information for site manager contact, and that issued permits are non-transferable. Ms. Norgaard also reported Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 03.15.22 Regular Meeting
on several factors for denial of a permit and revocation of a permit. The ordinance contemplated a waitlist be established and a cap on number of rentals that could be set by council. Existing rentals would have preference to get on the waitlist for 60 days.
There was Council discussion regarding whether neighbors can have an opinion on when a property can/cannot be used, setting a ‘cap’ on the number of STRs in the City, establishment of a wait list, and the possible number of existing STRs.
Acting City Manager/City Attorney Norgaard suggested that the Council set a ‘cap’ by resolution prior to adoption of the ordinance. She further reported that the draft ordinance would apply to Hosted & Unhosted STRs, that existing STRs be required to pay 6 months of prior TOT, permits be renewed annually, and explained several factors on how STRs may be revoked.
Council Member Hawthorne suggested that permits should be reviewed every several years instead of every year, that STRs should only be permitted if they are Hosted, and commented on properties purchased by investors that are being rented out as STRs.
Council Member Blackwelder inquired whether any kind of matrix is used to determine the appropriate amount of STRs since parts of the City are primarily residential and other parts mixed-use.
Ms. Norgaard suggested that a ‘cap’ can be set by resolution.
Mayor Carbone added that the Council can look into establishing a ‘cap’, commented on the importance of serving as a visitor serving community and source of income from STRs.
6:56 Floor opened for Public Comment
Sand City resident Luke Kilpatrick commented on how establishing an STR has allowed him to afford his mortgage, fear of losing his home if a ‘cap’ were set and placed on a waiting list, his disagreement with having personal information displayed, and that 6 months of prior TOT would be costly, and suggested that 2 to 3 months prior TOT would seem reasonable.
Sand City resident Bobbie Joe Harr commented on the housing shortage, number of short-term rentals present in the City, that Sand City is a mecca for investors who purchase homes for the purpose of operating Airbnb’s thereby making it difficult for people who desire to live in the City.
Sand City resident Steve Wilson expressed his agreement with Ms. Harr, that homes above City hall are zoned residential, spoke to issues regarding inadequate parking, that Airbnb’s are businesses that should require a license.
There was Council discussion regarding Hosted/Unhosted STRs, rules that should be established, legalities of operating an STR, displaying contact information for Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 03.15.22 Regular Meeting
people who rent STRs, and those Peninsula cities that allow or disallow STRs and where in the city they may operate.
Ms. Harr expressed her opposition to STRs in the City, and how it changes the neighborhood.
Mr. Kilpatrick commented that he was in favor of STRs, the use of his STR by family members during the holidays, the inability of normal people to afford housing in Sand City, and that his location offers 4 parking spots.
Sand City resident David Perry commented that STRs should be required to have a use permit, the need to abide by the rules, and displeasure with the parking at the Dunes, that the City needs to observe.
Chief Ferrante addressed the parking at the Dunes, reported that the road is narrow, allows for a fire truck to pass, and future plans to widen the roadway.
Mayor Carbone summarized the discussions and comments from the public, and opened the floor for Council discussion.
Council Member Hawthorne expressed that an STR has to be hosted, a resident of the City, that property owners with multiple dwellings should be limited to how many STRs they are allowed, and the need for housing in the City that can be purchased by people who want to live in Sand City.
Council Member Sofer commented on the importance of addressing short term rentals, citizen engagement, unavailability of housing for those artists who desire to reside in Sand City, suggested that STRs should not be within residential areas, parking impacts living in a mixed-use area.
City Attorney Norgaard commented on the difference of STR’s and Airbnb’s, and that STR’s are legal.
The Council discussed the number of STRs that may be present in the City, setting a cap, and what that number should be.
Acting City Manager/City Attorney Norgaard requested confirmation from Council as to their direction to her from the discussion presented that the Council desires to have the ordinance reflect that STRs be allowed, but only if Hosted, and that a resolution can be brought to the Council to place a ‘cap’ on the number of hosted STRs to be allowed in the City, and to determine the number of STRs operating in City. She requested further clarification as to how Council was defining “Hosted”.
Council Member Hawthorne clarified that it should be only when the owner is actually present during the short-term rental, and not just that the rental is the owner’s primary home. There was consensus of the Council to move forward with the direction given.
9C. Comments by Council Members on Items of Interest to Sand City Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 03.15.22 Regular Meeting
Council Member Sofer reported on her attendance at the In-Home Social Services meeting. There was no reportable action taken at the meeting. 9D. Upcoming Meetings/Events
City Clerk Horca announced the City Leaders Summit and requested that the Council response for those interested in attending.
AGENDA ITEM 10, ADJOURNMENT
There was consensus of the Council to adjourn the meeting at 8:15 p.m. to the next regularly scheduled Council meeting on Tuesday, April 5, 2022 at 5:30 p.m. _______________________________
Connie Horca, City Clerk