REGULAR MEETING
JOINT SAND CITY COUNCIL AND
SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY
TUESDAY, MAY 3, 2022
5:30 PM
1 1. ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. INVOCATION
AGENDA
JOINT SAND CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
Regular Meeting - Tuesday, May 3, 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 4. ANNOUNCEMENT BY MAYOR, CITY ATTORNEY, CITY MANAGER & CITY STAFF
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 April 19, 2022 Sand City Council Meeting Minutes
4.19.22 Minutes.pdf
6B. Approval of City RESOLUTION Authorizing a Service Agreement for Auditor Services by Hayashi & Wayland for Fiscal Year 2021-2022 at a cost not to exceed $65,500
Staff Report.Hayashi & Wayland Audit Services.pdf
Resolution. Authorizing a Service Agreement for Audtior Services for FY 2021- 2022.pdf
6C. Approval of City RESOLUTION Calling for November 8, 2022 General Municipal Election, Requesting the County Elections Department to Conduct the Election, and Requesting Consolidation of the Election
Staff Report.Calling for Election 2022.pdf
Resolution.2022 Election.pdf
6D. Approval of City RESOLUTION Authorizing the Extension of Remote Teleconference Meetings of the City Council and Boards, Commissions, and Committees for the Period of May 19, 2022 through June 18, 2022 pursuant to AB 361 and Ralph M. Brown Act Provisions
Resolution. Authorizing the Extension of Remote Teleconference Meetings.pdf
7. CONSIDERATION OF ITEMS PULLED FROM CONSENT CALENDAR
8. NEW BUSINESS
8A. Discussion of Cost of Living Adjustment for Miscellaneous Employees Memo.Consideration of Miscellaneous Employee COLA for FY 2022-2023.pdf 8B. Discussion and Direction on Commercial Cannabis Ordinance Staff Report.Discussion and Direction on Commercial Cannibis Ordinance.pdf Draft Cannabis Ordinance.pdf
3 8C. Consideration of Naming Park for the South of Tioga project Staff Report.Consideration of Naming of City Park in South of Tioga Project.pdf 8D. Comments by Council Members on Items of Interest to Sand City 8E. Upcoming Meetings/Events
9. CLOSED SESSION
9A. City Council/Successor Agency Board to adjourn to Closed Session regarding Conference with labor negotiator pursuant to Cal.Gov. Code Section 54957.6 1) Agency designated representative: Vibeke Norgaard, City Manager Employee Organization: Sand City Police Officers Association (POA) 9B. Re-adjourn to Open Session to report any action taken at the conclusion of Closed Session in accordance with Cal. Gov Code section 54957.1
10. ADJOURNMENT
The current agenda is available in PDF format on our website at:
www.sandcity.org
If you have a request for a disability-related modification or accommodation, including auxiliary aids or services, which will allow you to participate in a Sand City public meeting, please call the City Clerk at (831) 394-3054 extension 220, or give your written request to the City Clerk at 1 Pendergrass Way, Sand City, CA 93955 at least 48 hours prior to the scheduled meeting to allow the City Clerk time to arrange for the requested modification or accommodation.
4 AGENDA ITEM
6A.
Approval of April 19, 2022 Sand City
Council Meeting Minutes
5 ___________________________________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 04.19.22 Regular Meeting
MINUTES
JOINT SAND CITY COUNCIL AND SUCCESSOR
AGENCY OF THE REDEVELOPMENT AGENCY
Regular Meeting - Tuesday, April 19, 2022
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 Cruz (virtual attendance)
Councilmember Hawthorne (virtual attendance)
Councilmember Sofer
Staff: Vibeke Norgaard, City Manager
Connie Horca, City Clerk
Brian Ferrante, Chief of Police
AGENDA ITEM 2, PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Chief of Police Brian Ferrante.
AGENDA ITEM 3, INVOCATION
The invocation was led by Reverend Robert Hellam.
AGENDA ITEM 4, ANNOUNCEMENT BY MAYOR, CITY ATTORNEY, CITY MANAGER &
CITY STAFF
Mayor Carbone announced the Victims Rights Ceremony, her attendance at the Association of Monterey Bay Governments (AMBAG) meeting that discussed the 6th Cycle Regional Housing Needs Allocation (RHNA) for member jurisdiction on the Peninsula. The draft RHNA is available for a 45-day public review period. The Mayor also reported on the REAP Program, receipt of two requests from the TANF and SCAIR organizations that would like to let the public know of their services to individuals of Native American, Alaskan, and Hawaiian decent.
City Manager Norgaard reported that her City Managers report was distributed via email, provided an update on the sewer project that may be prolonged, and that there should be access to the Art Park for the Friday Market.
Interim City Attorney Adam Lindgren spoke to the RHNA numbers and that a process is available to change the numbers.
6 ___________________________________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 04.19.22 Regular Meeting
AGENDA ITEM 5, COMMUNICATIONS
5:45 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. 5:46 P.M. Floor opened for Public Comment.
AGENDA ITEM 6, CONSENT CALENDAR
6A. There was no discussion of the April 5, 2022 Council Meeting Minutes. 6B. There was no discussion of the City Resolution approving an Annual Fee Adjustment to the Cost of Fire Protection Services between the Cities of Monterey and Sand City.
6C. There was no discussion of the City Resolution approving a Service Agreement with EMC Planning Group, Inc. for Professional Services within the Fiscal Year 2022-2023 at a cost not to exceed $20,000.
6D. There was no discussion of the City Resolution Honoring Monterey County Bank as the Monterey Peninsula Chamber of Commerce 2021 "Business of the Year" Award Recipient.
6E. There was no discussion of the City/Successor Agency Monthly Financial Report, March, 2022.
6F. There was no discussion of the City Donation/Contribution to the United Way Monterey County for $500.
Motion to approve the Consent Calendar was made by Council member Blackwelder, seconded by Council member Sofer. 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, NEW BUSINESS
{Council Member Cruz recused from the meeting due to a possible conflict of interest by residing within 500’ of the subject property}
8A. Consideration of City RESOLUTION Authorizing the City Manager to Accept and Sign the Grant of Easements Agreement for a Public Park within the South of Tioga Project
City Manager Vibeke Norgaard reported that a revised easement agreement was distributed to the Council prior to the meeting due to changes made at the request 7 ___________________________________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 04.19.22 Regular Meeting
of California Department of Fish & Wildlife (CDFW). She reported on the history of the South of Tioga project, condition outlined in the vesting tentative map for a park easement, and terms of the approved Development Agreement that included construction of the park by the developer, and that the City would maintain the park.
At the January 18, 2022 council meeting, the Council was presented with conceptual designs of the playground equipment and park landscaping. Mrs. Norgaard further reported on the changes made to the easement agreement to include ingress/egress, restrictions on development rights, and prohibitions. CDFW may have additional amendments to add, and staff is recommending additional language to the resolution to include authorization for the City Manager: to accept, sign and record the Grant of Easement Agreement in substantially the same form, as that attached hereto as Exhibit A and in a form acceptable to the City Attorney.
Mrs. Norgaard responded to Council member Sofer’s inquiry regarding the amended language and noted that any last-minute changes that do not significantly change the easement presented can be incorporated without having to present the item to the Council again. She also provided information regarding the maintenance of the park in response to Mayor Carbone’s inquiry.
5:59 P.M. Floor opened for Public Comment.
There were no comments from the Public in person, via writing or through telecommunications
6:00 P.M. Floor closed to Public Comment.
Motion to approve the City Resolution as amended, authorizing the City Manager to Accept and Sign the Grant of Easements Agreement for a Public Park within the South of Tioga Project was made by Council member Blackwelder, seconded by Council member Hawthorne. Roll call Vote AYES: Council Members Blackwelder, Carbone, Hawthorne, Sofer. NOES: None. ABSENT: None. ABSTAIN: Council Member Cruz. Motion carried.
8B. Approval of City RESOLUTION Approving the Final Map (FM 22-01) for the South of Tioga Development Project
City Manager Vibeke Norgaard reported that once the Final Map for the South of Tioga, is approved, it would allow the developer to sell parcels. The Final Map has been reviewed by the City surveyor and City engineer and has been found to substantially comply with the vesting tentative map. There is no fiscal impact anticipated, and staff recommends approval of the Final Map.
City Engineer Leon Gomez reported on the long journey that began in 2019 to get the final map to this point, commended the City surveyor Lynn Kovach and City Planner Pooler for their efforts, hard work, and review of the Final Map. He also recommended its approval.
6:15 P.M. Floor opened for Public Comment.
8 ___________________________________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 04.19.22 Regular Meeting
There were no comments from the Public in person, via writing or through telecommunications
6:15 P.M. Floor closed to Public Comment.
Motion to approve the City Resolution approving the Final Map (FM 22-01) for the South of Tioga Development project was made by Council member Sofer, seconded by Council member Hawthorne. Roll call Vote AYES: Council Members Blackwelder, Carbone, Hawthorne, Sofer. NOES: None. ABSENT: None.
ABSTAIN: Council Member Cruz Motion carried.
{Council member Cruz returned to the virtual/in person meeting} 8C. Discussion and Possible Direction to Staff regarding the Placement of Security Cameras in the City
City Manager Norgaard presented the discussion regarding the placement of security cameras within the City as recommended by Council member Hawthorne.
Council member Hawthorne reported that the placement of security cameras throughout the City would help deter crime, have the ability to trace an individual who may be committing a crime, and possibly help with catalytic convertor thefts.
He presented his research from a company named Arlo that sells battery operated cameras, its operational features, and cameras that are solar powered with a high degree of night visibility.
Council member Sofer mentioned people who drive and speed through Contra Costa street and whether the cameras can detect these individuals since it has become a problem.
Chief Ferrante addressed Council member Sofer’s concern and noted that certain cameras would need to be high definition in order to catch and identify speeders, and will look into the issue.
6:27 P.M. Floor opened for Public Comment.
Sand City Business Owner Frank Barrita commented on his use of security cameras at his business, its effectiveness, the type of camera he has on the premises, the ability to see activity at the location remotely, and its capacity to store 2 ½ weeks of recordings.
6:34 P.M. Floor closed to Public Comment.
The Council directed the City Manager to research security cameras, bring back the costs and present the results to the Budget Committee. 8D. Comments by Council Members on Items of Interest to Sand City 9 ___________________________________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 04.19.22 Regular Meeting
Council member Blackwelder expressed his concerns with sand on the bike path at the entrance into Seaside and the dunes that are gradually disappearing due to erosion.
Chief Ferrante reported that the area may be part of State Parks property and will research the area of erosion.
Mayor Carbone mentioned that a letter can be sent to the State Parks if needed. 8E. Upcoming Meetings/Events
City Clerk announced the upcoming City Barbeque to be held on Saturday, May 21, 2022.
AGENDA ITEM 9, CLOSED SESSION
6:43 P.M. The Mayor opened the floor for public comment and seeing none, closed the floor to public comment.
6:44 p.m.
9A. City Council/Successor Agency Board adjourned to Closed Session regarding:
1) Conference with legal counsel - anticipated litigation (Cal. Government Code section 54956.9 (e)(1)
8:00 p.m.
9B. Re-adjourned to Open Session to report any action taken at the conclusion of Closed Session in accordance with California Government Code section 54957.
The Council received updates and provided direction to legal counsel, and took no other reportable action.
AGENDA ITEM 10, ADJOURNMENT
There was consensus of the Council to adjourn the meeting at 8:00 p.m. to the next regularly scheduled Council meeting on Tuesday, May 3, 2022 at 5:30 p.m. _______________________________
Connie Horca, City Clerk
10 ___________________________________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 04.19.22 Regular Meeting 11
___________________________________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 04.19.22 Regular Meeting 12
AGENDA ITEM
6B.
Approval of City RESOLUTION Authorizing
a Service Agreement for Auditor Services
by Hayashi & Wayland for Fiscal Year
2021-2022 at a cost not to exceed $65,500
13 City of Sand City
STAFF REPORT
TO: CITY COUNCIL, CITY MANAGER
FROM: DEVON LAZZARINO, FINANCE/HR SPECIALIST
SUBJECT: HAYASHI & WAYLAND AUDITOR SERVICES
DATE: APRIL 13, 2022
FOR: MAY 3, 2022 COUNCIL MEETING
_______________________________________________________________________ Discussion:
The City of Sand City is required to obtain the services of an independent qualified auditor to perform annual audits of City/Successor Agency accounts. Hayashi & Wayland has performed an audit on behalf of the City and the Successor Agency (formerly the Redevelopment Agency), every fiscal year since 1995-1996 through fiscal year 2020-2021 and has submitted a letter dated April 1, 2022 that proposes a scope of services for performing the City of Sand City and the Successor Agency audit for fiscal year 2021-2022, TAMC Measure X compliance, and appropriations limit compliance review. The Administrative staff for the City of Sand City have reviewed the scope of services attached hereto as Exhibit A and found that the services to be provided are satisfactory and necessary to perform the required audits for fiscal year 2021-2022 and to prepare the required State reports.
CEQA:
This action does not constitute a "project" as defined by the California Environmental Quality Act (CEQA) guidelines section 15378.
Fiscal Impact:
The total cost of the contract will be not to exceed $65,500 (Finance account #5410-03), and will include the following:
1. Audit of the financial statements of the City of Sand City and the Successor Agency, governmental activities not to exceed $60,500.
14 2. TAMC Measure X Funds – Confirming the City of Sand City’s compliance with the requirements included in Transportation Agency for Monterey County’s Ordinance No. 2016-01 Transportation Safety and Investment Plan and in the Measure X Master Programs Funding Agreement between TAMC and the City of Sand City as and for the year ended June 30, 2022 not to exceed $2,500.
3. Appropriations limit review – Confirming the City of Sand City’s compliance with the requirements of Article XIII-B of the California Constitution for the year ended June 30, 2022 not to exceed $2,500.
Any additional work that may be required or requested of Hayashi & Wayland will be billed at the standard hourly rates as listed in the proposal to include costs associated with proper accounting and audit procedures under the Governmental Accounting Standards Board.
Recommendation:
Staff has been satisfied with the expertise, accuracy, and completeness of the work performed by Hayashi & Wayland. Therefore, staff recommends the approval of the scope of services attached hereto as Exhibit A allowing Hayashi & Wayland to perform an audit on behalf of the City and the Successor Agency, TAMC Measure X compliance, and appropriations limit compliance review. 15 CITY OF SAND CITY
RESOLUTION SC ___, 2022
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAND CITY
AUTHORIZING A SERVICE AGREEMENT FOR AUDITOR SERVICES BY HAYASHI & WAYLAND FOR FISCAL YEAR 2021-2022 AT A COST NOT TO EXCEED $65,500 WHEREAS, the City of Sand City is required to obtain the services of an independent qualified auditor to perform annual audits of City/Successor Agency accounts; and WHEREAS, Hayashi & Wayland has performed an audit on behalf of the City and the Successor Agency (formerly the Redevelopment Agency), every fiscal year since 1995-1996 through fiscal year 2020-2021 and has submitted a letter dated April 1, 2022 that proposes a scope of services for performing the audit for fiscal year 2021-2022; and WHEREAS, the City Council has been satisfied with the expertise, accuracy, and completeness of the work performed by Hayashi & Wayland; and
WHEREAS, the Administrative staff for the City of Sand City has reviewed the scope of services attached hereto as Exhibit A and found that the services to be provided are satisfactory and necessary to perform the required audits for fiscal year 2021-2022 and to prepare the required State reports.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sand City that:
1. The attached service agreement as proposed by Hayashi & Wayland is hereby accepted;
2. Said authorization is conditioned upon the contractor performing the service at a cost not to exceed $65,500 as specified in the attached April 1, 2022 letter;
3. Any additional work that may be required or requested of Hayashi & Wayland will be billed at the standard hourly rates as listed in the proposal to include costs associated with proper accounting and audit procedures under the Governmental Accounting Standards Board;
4. The City Manager is authorized and directed to enter into the attached Service Agreement with Hayashi & Wayland, Certified Public Accountants, to perform the scope of services outlined in Exhibit A for the City of Sand City;
5. Hayashi & Wayland will maintain a current Sand City Business License.
PASSED AND ADOPTED by the City Council of the City of Sand City on this 3rd day of May 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
_____________________________
Mary Ann Carbone, Mayor
ATTEST:
_________________________
Connie Horca, City Clerk
16 EXHIBIT A
17 18
19 20
21 22
23 24
25 26
27 28
29 30
31 32
33 34
35 36
37 38
39 40
41 AGENDA ITEM
6C.
Approval of City RESOLUTION Calling for
November 8, 2022 General Municipal
Election, Requesting the County Elections
Department to Conduct the Election, and
Requesting Consolidation of the Election
42 City of Sand City
Staff Memo
TO: City Council
FROM: Connie Horca, City Clerk
DATE: April 26, 2022 (for May 3, 2022 council meeting)
SUBJECT: Calling for November 8, 2022 General Municipal Election, Requesting the County Elections Department to Conduct the Election, and Requesting Consolidation of the Election
________________________________________________________________ Background:
Section 6 of the Sand City Charter establishes November of even-numbered years as the General Municipal Election date for the election of the Mayor and two Councilmembers in Sand City.
The resolution calling for the election and requesting consolidation allows the City to combine its election with the statewide election and avoid duplication of printing and mailing of sample ballots, computer tabulation, precinct workers and canvassing results.
The City may by resolution request that the Board of Supervisors of the County request that the County Elections Department conduct and consolidate the elections on behalf of the City. (See Cal. Elections Code section 10001).
It has been a standard procedure for the City of Sand City to consolidate the general municipal elections with the Monterey County Elections Department for the ease and convenience to the city’s registered voters and to minimize election costs. The City has also historically paid for the cost of the candidate’s statements.
Fiscal Impact:
Due to increased costs to consolidate the elections from $9 to $13 dollars per registered voter, an allocation of $7,500 has been incorporated into the Fiscal Year 2022-2023 City Budget.
CEQA:
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). In addition, the activity has no potential for causing a significant effect on the environment (CEQA Guidelines Section 15061) includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. 43 Recommendation:
It is recommended that the Council approve the attached Resolution Calling for a November 8, 2022 General Municipal Election, Requesting the County Elections Department to Conduct the Election, and Requesting Consolidation of the Election. 44 CITY OF SAND CITY
RESOLUTION SC ___, 2022
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAND CITY CALLING FOR NOVEMBER 8, 2022 GENERAL MUNICIPAL ELECTION, REQUESTING THE
COUNTY ELECTIONS DEPARTMENT TO CONDUCT THE ELECTION, AND REQUESTING
CONSOLIDATION OF THE ELECTION
WHEREAS, pursuant to Sections 10001 of the Elections Code, the governing body of the City of Sand City must call the election to be held November 6, 2022 for the purpose of electing successors to the terms of office which will expire in 2022; and
WHEREAS, pursuant to Elections Code Section 10002, the governing body of any city may by resolution request the Board of Supervisors of the County to permit the County elections official to render specified services to the city relating to the conduct of an election; and WHEREAS, pursuant to Section 13307 of the Elections Code, it is incumbent upon this City Council to determine who will pay the cost of the candidate’s statement and to fix the maximum number of words to be submitted; and
WHEREAS, for the ease and convenience to the registered voters within this City and in order to take advantage of any possible reduction in elections costs, it is desirable that this City election be consolidated with any other election to be held on the same day and that a vote by mail precinct be provided within the City of Sand City; and
WHEREAS, the City Council authorizes the City Clerk to enter into and sign the attached service agreement for the provision of election services between the City of Sand City and Monterey County Registrar of Voters.
NOW, THEREFORE, BE IT RESOLVED and ordered by the governing body of the City of Sand City that:
1. An election be held within this City on November 8, 2022 for the purpose of electing one Mayor for a two-year term, and two Council members for four-year terms.
2. Pursuant to Section 13307 of the Elections Code, the City Council has resolved that the City will pay the cost of the candidate’s statement. Said statement shall not exceed 200 words in length and no other candidate materials will be allowed to be mailed pursuant to Section 13303 of the Election Codes. The cost for candidate statements will be included in the billing to the City of Sand City by the Monterey County Elections Department.
3. This election shall be consolidated with any other election to be held totally or partially within the boundaries of this City.
4. A vote by mail precinct/receiving station will be arranged at Sand City Hall, and the City will pay the costs associated with providing and operating this vote by mail precinct/receiving station within Sand City.
45 Sand City Resolution No. SC ____, (2022)
5. The City Council hereby authorizes the official canvass to be conducted by the Registrar of Voters commencing no later than November 8, 2022.
6. The Registrar of Voters is authorized to bill the City, on a prorated basis, for any and all costs associated with the City election and vote by mail precinct.
NOW THEREFORE, BE IT FURTHER RESOLVED that:
1. Pursuant to Elections Code Section 15651(a), a tie vote shall be resolved by drawing lots.
2. Tie votes shall be determined by the City Council acting as the Election Board.
PASSED AND ADOPTED by the City Council of the City of Sand City on this 3rd day of May 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
____________________________
Mary Ann Carbone, Mayor
ATTEST:
__________________________
Connie Horca, City Clerk
46 STATEMENT OF ELECTION FACTS
FULL LEGAL NAME OF CITY AS IT SHOULD APPEAR ON ALL ELECTION DOCUMENTS:
CITY OF SAND CITY
MAIL SHOULD BE ADDRESSED TO: Connie Horca TITLE: City Clerk MAILING ADDRESS: #1 Pendergrass Way, Sand City, California 93955 TELEPHONE: (831) 394-3054 FAX: (831) 394-2472 EMAIL: [email protected] WEBSITE: www.sandcity.org
CITY ELECTED OFFICIALS
NAME ADDRESS
CITY AND
DISTRICT
(if Applicable)
Member was
elected by:
1) Election/AIL
OR
2) APPOINTED
TO FILL A
VACANCY
YEAR
Term
Ends
Full-term
= 4 yrs
OR
Shortterm
= 2yrs
IF MEMBER WAS
APPOINTED BY
THE BOARD TO
FILL A
VACANCY, WHO
DID THIS
MEMBER
REPLACE
Mary Ann Carbone 1893 Park Avenue,
Sand City, CA. 93955 Sand City 1 2022 Short
Term
N/A
Jerry Blackwelder 450 Ortiz Avenue
Sand City, CA. 93955 Sand City 1 2022 Full
Term
N/A
Gregory Hawthorne 430 Ortiz Avenue
Sand City, CA. 93955
Sand City 1 2024 Full
Term
N/A
Kim Cruz 606 Scott Street
Sand City, CA. 93955
Sand City 1 2024 Full
Term
N/A
Elizabeth Sofer 1717 Contra Costa St.
Sand City, CA. 93955 Sand City 1 2022 Full
Term
N/A
*AIL = Appointed-in-lieu of Election (filed for office and didn’t go on the ballot) Name of City Clerk/Manager: _____________________________________ Print Name
Name of Deputy City Clerk/Secretary _____________________________________ Print Name
Check the box which applies to your city:
The District boundaries have changed since the last election. Enclosed is a new map to reflect those changes.
I declare that there have been no boundary changes since the November 8, 2022 election.
Election Date
The limitation on the number of words in a candidate statement will be: 200 words 400 words The entity charged for the candidate statement sent to each voter will be the: City Candidate In case of a tie vote, the winner will be determined by: Lot Runoff election ___________________________________________________ ________________________________ Signature of City Clerk/Manager Date
47 48
49 50
AGENDA ITEM
6D.
Approval of City RESOLUTION Authorizing
the Extension of Remote Teleconference
Meetings of the City Council and Boards,
Commissions, and Committees for the
Period of May 19, 2022 through June 18,
2022 pursuant to AB 361 and Ralph M.
Brown Act Provisions
51 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 MAY 19, 2022 THROUGH JUNE 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 52 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.
53 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) June 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 3rd, day of May, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
____________________________
ATTEST: Mary Ann Carbone, Mayor
__________________________
Connie Horca, City Clerk
54 AGENDA ITEM
8A.
Discussion of Cost of Living Adjustment for
Miscellaneous Employees
55 56
57 58
59 60
61 62
63 64
65 66
AGENDA ITEM
8B.
Discussion and Direction on Commercial
Cannabis Ordinance
67 CITY OF SAND CITY
STAFF REPORT
April 28, 2022
(For City Council consideration on May 3, 2022)
TO: Mayor & City Council
FROM: Vibeke Norgaard, City Manager; Adam Lindgren, City Attorney SUBJECT: City Council Discussion and Direction on Commercial Cannabis Ordinance
BACKGROUND
In November 2016, California voters passed Proposition 64, the Control Regulate and Tax Adult Use of Marijuana Act (“AUMA”), legalizing recreational or “adult use” cannabis for adults 21 years of age or older. That law created a new comprehensive regulatory and licensing structure for commercial, non-medical cannabis businesses. It also required cities and counties to permit adults 21 years of age and older to cultivate up to six cannabis plants inside their residence.
Soon after, in June 2017, the legislature passed SB 94 in an attempt to better align regulations for medical and adult use cannabis. SB 94 repealed much of MCRSA (for medicinal cannabis) and merged certain of its requirements with AUMA to create a single schema. The new regulatory system, the Medicinal and Adult Use Cannabis Regulation and Safety Act (“MAUCRSA”), is intended to regulate all commercial cannabis activity. In 2021, the three state cannabis programs were merged to form a single new state department called the Department of Cannabis Control (“DCC”). DCC now licenses and regulates all commercial cannabis activity in California.
DISCUSSION
Commercial and medicinal cannabis businesses are currently prohibited from operating in the City under Section 18.69.010 of the Municipal Code. Staff was directed to draft an ordinance to allow commercial and medicinal cannabis businesses to operate, subject to local health and safety regulations, along with a permitting program.
The attached discussion draft Ordinance will include an application procedure to award an operating permit to businesses that meet minimum qualifications. It would allow the City to limit the total number of businesses, and then businesses would compete for permits based in part on the benefits they will provide to the City including payments, tax revenues or other benefits to the community. Cannabis businesses will only be allowed to operate in specified zones within the City, and will be subject to strict security requirements. This draft “Commercial Cannabis Ordinance” includes the following:
68 • Clearly defines cannabis use types and where they will be allowed in the City or remain prohibited under Section 18.XX.020(r).
• Each cannabis business must obtain a City business license, operating permit, and conditional use permit (18.XX.050).
• Number of total businesses may be limited by the number of CUPs issued, but a limit could also be stated in the ordinance if desired.
• Operator qualifications and all applications considered based on community and economic benefit to the City and other factors (18.XX.050). • Extensive security requirements differ slightly for retailers and non-retail businesses (18.XX.060).
• Development and operational standards to mitigate the secondary effect of these businesses on the City, including emissions, runoff, and energy control (18.XX.070). • Allows retail cannabis in C-2, C-3, M, and MU-P (18.XX.030, Table 1). • Includes extensive location and separation requirements (18.XX.040).
RECOMMENDATION
Staff recommends discussion of the attached Ordinance and direction to City Staff for introduction at a future City Council meeting, with revisions as directed by the City Council.
One of the most important policy considerations for the Council may be where each individual cannabis use could be located. To determine if a use is allowed in a particular location, we will first discuss whether it would be prohibited in the subject zone, then, we will consider the further restrictions of the proximity and location requirements in Section
18.XX.040. It may be useful for Councilmembers to visit cannabis businesses of various types to better understand the nature of their business and neighborhood impacts. The City Council may also wish to discuss with Police Chief the security requirements for these businesses, some of which are required by State regulations.
ATTACHMENT(s):
1) Draft Commercial Cannabis Ordinance
69 Section 18.69.010 Medical Marijuana Dispensaries, Delivery, Cultivation, and Sales. is deleted in its entirety.
“Commercial Cannabis Uses,” is hereby added to Chapter 18.70 of Title 18 of the Sand City Municipal Code to read as follows:
18.XX.010 - Purpose.
(a) The purpose of this section is to identify and establish standards for commercial cannabis uses that are conditionally permitted in some or all districts, but which have the potential to create significant effects on the community and surrounding properties. Furthermore, it is the purpose and intent of this section to:
(1) Assist law enforcement agencies in performing their duties effectively and in accordance with California law.
(2) Acknowledge that the cultivation of medical and nonmedical cannabis is illegal under federal law while granting limited immunity from local prosecution to those medical and nonmedical cannabis activities that do not violate the restrictions and limitations set forth in this section or California law.
(3) Ensure that cannabis grown for medical and nonmedical purposes remains secure and does not find its way to minors or illicit markets.
(b) These provisions are supplemental standards and requirements to minimize the effects of these uses and activities and to protect the health, safety, and welfare of individuals and the general public in accordance with the goals, objectives, policies, and implementation programs of the general plan. This is a permissive ordinance and therefore does not confer any rights or permitted uses related to commercial cannabis uses unless expressly stated as an allowed right or use in this section or other provision of the Sand City Municipal Code. Standards and regulations set forth in this section apply to all commercial cannabis uses unless otherwise specified.
18.XX.020 - Definitions.
(a) “Cannabis” means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, or any other strain or varietal of the genus Cannabis that may exist or be discovered, or developed, that has psychoactive or medical properties, whether growing or not, including but not limited to the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. “Cannabis” also means the separated resin, whether crude or purified, obtained from cannabis. “Cannabis” also means marijuana as defined by California Health and Safety Code section 11018 and Business and Professions Code section 26001(e), as both may be amended from time to time. Any reference to cannabis or cannabis products shall include medical and nonmedical cannabis and medical and nonmedical cannabis products unless otherwise specified. Cannabis or cannabis products does not mean industrial hemp as defined by Health and Safety Code section 11018.5, or the weight of any other ingredient combined 70 with cannabis to prepare topical or oral administrations, food, drink, or other product.
Cannabis does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.
(b) “Cannabis cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis, including nurseries. (c) “Cannabis cultivation area” means the total aggregate area(s) of cannabis cultivation on a single premise as measured around the outermost perimeter of each separate and discrete area of cannabis cultivation at the drip-line of the canopy expected at maturity and includes, but is not limited to, the space between plants within the cultivation area, the exterior dimensions of garden beds, garden plots, hoop houses, greenhouses, and each room or area where cannabis plants are grown, as determined by the review authority. (d) “Cannabis cultivation – indoor” means the cultivation of cannabis using exclusively artificial lighting.
(e) “Cannabis cultivation – mixed-light” means the cultivation of cannabis using any combination of natural and supplemental artificial lighting. Greenhouses, hoop houses, hothouses and similar structures, or light deprivation systems are included in this category.
(f) “Cannabis cultivation – outdoor” means the cultivation of cannabis using no artificial lighting conducted in the ground or in containers outdoors with no covering. Outdoor cultivation does not include greenhouses, hoop houses, hot houses or similar structures. (g) “Cannabis cultivation site” means the premise(s), leased area(s), property, location or facility where cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or a location where all or any combination of those activities. (h) “Cannabis retail business” or “retailer” means a facility, whether fixed or mobile, operated in accordance with state and local laws and regulations, where cannabis and/or cannabis products are offered for retail sale, including an establishment that delivers cannabis and/or cannabis, products as part of a retail sale. (i) “Cannabis distribution facility” means the location or a facility where a person conducts the business of procuring cannabis from licensed cultivators or manufacturers for sale to licensed retailers or delivery operations, and the inspection, quality assurance, batch testing by a Type 8 licensee, storage, labeling, packaging and other processes, prior to transport to licensed retailers or delivery operations. This facility requires a Type 11 license pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”) or a state cannabis license type subsequently established. (j) “Cannabis license” means a state license issued pursuant to MAUCRSA. (k) “Cannabis licensee” means a person issued a state license under MAUCRSA to engage in commercial cannabis uses or activity.
(l) “Cannabis manufacturer” means a person that produces, prepares, propagates, or compounds manufactured cannabis or cannabis products, either directly or indirectly or 71 by extraction methods, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or re-labels its container, that holds a valid state Type 6 or 7 license, or a state cannabis license type subsequently established, and that holds a valid local license or permit.
(m) “Cannabis manufacturing” means a facility, whether fixed or mobile, that produces, prepares, propagates, or compounds manufactured cannabis or cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and is owned and operated by a licensee for these activities.
(n) “Cannabis nursery” means a licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of cannabis.
(o) “Cannabis products” means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients.
(p) “Cannabis testing service” or “cannabis testing laboratory” means a laboratory, facility, or entity that offers or performs tests of cannabis or cannabis products, including the equipment provided by such laboratory, facility, or entity. (q) “Child care center” shall have the same meaning as “day care center” in Health and Safety Code section 1596.76, as may be amended from time to time: means any child day care facility other than a family day care home, and includes infant centers, preschools, extended day care facilities, and school age child care centers. (r) “Commercial cannabis uses” means any commercial cannabis activity licensed pursuant to the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”), including but not limited to, cultivation, possession, distribution, laboratory testing, labeling, retail, delivery, sale or manufacturing of cannabis or cannabis products. “Commercial cannabis uses also means any cannabis activity licensed pursuant to additional state laws regulating such businesses. Commercial cannabis uses shall not include legal medical cannabis or cannabis activities carried out exclusively for one’s personal use that does not involve commercial activity or sales. (s) “City Manager” means the City Manager or his or her designee. (t) “Distributor” means any commercial cannabis operation that distributes cannabis or cannabis products under a valid state Type 11, or a state cannabis license type subsequently established.
(u) “Manufacture” means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product.
(v) “Manufactured cannabis” means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, an edible product, or a topical product.
72 (w) “Medical cannabis” or “medicinal cannabis” means cannabis that is intended to be used for medical cannabis purposes in accordance with the Compassionate Use Act (“CUA”, Health and Safety Code section 11362.7 et seq.), the Medical Marijuana Program Act (“MMPA,” Health and Safety Code section 11362.7 et seq.) and the Medical Cannabis Regulation and Safety Act (“MCRSA,” Business and Professions Code section 19300 et seq.) and the Medicinal and Adult-Use Cannabis Regulation and Safety Act (“MAUCRSA”).
(x) “Microbusiness” means a commercial cannabis facility operating under a state Type 12 license, or a state cannabis license type subsequently established, and meeting the definition of microbusiness Business and Professions Code section 26070(a)(3)(A), as may be amended from time to time, which cultivates less than 10,000 square feet of cannabis and acts as a licensed distributor, Level 1 manufacturer, and retailer. (y) “Person” means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, tribe, or any other group or combination acting as a unit and includes the plural as well as the singular number.
(z) “Premise(s)” means a legal parcel, or a leasehold interest in land, or a leased or owned space in a building where the commercial cannabis use or activity is or will be conducted. (aa) “Primary caregiver” shall have the same meaning as set forth in Health and Safety Code section 11362.7, as the same may be amended from time to time. (bb) “Public place” means any publicly owned property or property on which a public entity has a right of way or easement. Public place also means any private property that is readily accessible to the public without a challenge or barrier, including but not limited to front yards, driveways, and private businesses.
(cc) “Qualifying patient” or “qualified patient” shall have the same meaning as set forth in Health and Safety Code section 11362.7, as the same may be amended from time to time. (dd) “Operator” means the natural person or designated officer responsible for the operation of any commercial cannabis use.
(ee) “Retailer” means any commercial cannabis facility, whether fixed or mobile, engaged in the retail sale of cannabis or cannabis products to customers under a state cannabis license Type 10, 9, or 12, or a state cannabis license type subsequently established. (ff) “Review authority” means the individual or official City body (the City Manager, Director, Council, Commission, or Board) and others as identified in the Sand City Municipal Code as having the responsibility and authority to review and approve or deny land use permit applications.
(gg) “Sale,” “sell,” and “to sell” shall have the same meaning as set forth in Business and Professions Code section 26001(au), as the same may be amended from time to time: any transaction whereby, for any consideration, title to cannabis is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis or cannabis products by a licensee to the licensee from whom such cannabis or cannabis product was purchased. 73 (hh) “School” means any public or private school providing instruction to students in kindergarten or any grades 1 through 12.
(ii) “Volatile solvent” means volatile organic compounds, including but not limited to: (1) explosive gases, such as Butane, Propane, Xylene, Styrene, Gasoline, Kerosene, 02 or H2; and (2) dangerous poisons, toxins, or carcinogens, such as Methanol, Methylene Chloride, Acetone, Benzene, Toluene, and Tri-chloro-ethylene as determined by the Fire Marshall.
(jj) “Youth center” shall have the same meaning as in Section 11353.1 of the Health and Safety Code, as may be amended from time to time: any public or private facility that is primarily used to host recreational or social activities for minors, including, but not limited to, private youth membership organizations or clubs, social service teenage club facilities, video arcades, or similar amusement park facilities.
18.XX.030 - Location and Minimum Proximity Requirements. (a) Commercial Cannabis Uses Table 1 identifies which commercial cannabis uses are permitted in the City and in which zones. No commercial cannabis use is permitted unless Table 1 indicates that the use is permitted with a Conditional Use Permit (CUP). No home-based commercial cannabis businesses are permitted.
Table 1 Commercial Cannabis Uses. “X” indicates that a commercial cannabis use is not permitted in that zone. Only uses listed below, in the zones without an “X”, are permitted.
Commercial Cannabis Use C-1 C-2 C-3 M MU-P
Cultivation Type 1A; Specialty Indoor Small;
and 1B Specialty Mixed-light Small (5,000 Sq.
Ft. Max)
X X X
Cultivation Type 1C; Specialty Cottage Small;
2,500 Sq. Ft. Max for mixed light; or 500 Sq. Ft.
Max indoor
X X X
Cultivation Type 2A; Indoor Small; and 2B;
Mixed-light Small (10,000 Sq. Ft. Max) X X X
Cultivation Type 3A; Indoor Medium; and 3B;
Mixed-Light Medium (22,000 Sq. Ft. Max) X X X
Nursery Type 4 X X X
Cultivation Type 5A; Indoor Large; and 5B;
Mixed-Light Large (more than 22,000 Sq. Ft.) X X X
Manufacturer 1; Type 6 (nonvolatile) X X X
74 Manufacturer 2; Type 7 (volatile) X X X
Testing Laboratory; Type 8 X
Retailer; Type 10 (storefront) X
Retailer; Type 9 (non-storefront) X X X X X
Distributor; Type 11 X X X
Microbusiness; Type 12 (permitted if all uses
under license permitted in zone) X
18.XX.040 - Location and Minimum Proximity Requirements. (a) Commercial cannabis uses shall only be permitted in areas of the city in which such uses are permitted or conditionally permitted by the zoning ordinance of this Code. (b) Additionally, the following location and proximity requirements shall apply:
(1) No commercial cannabis use shall be located within six hundred feet (600’) of a school, child care center, or youth center, as measured from the nearest property lines.
(2) No commercial cannabis use shall be located within one hundred feet (100’) of any residential use; this distance shall be measured from any building or structure containing a commercial cannabis use to an existing residential structure used for residential purposes.
(3) No commercial cannabis use shall be located within two hundred feet (200’) of a park or library, as measured from the nearest property lines. (c) The proximity requirements above may be waived by the decision-maker when the applicant can show that an actual impassible physical separation exists between land uses or parcels, such as a building, sound wall, major street or highway, such that no negative off-site impacts could occur that would result in harm or likely harm to the public health, safety, or welfare or the health, safety, or welfare of nearby resident or tenant, unless otherwise prohibited under state law.
(d) The City Council may, by resolution, set limits on the maximum number of cannabis license types allowed in the City.
18.XX.050 - Application Procedures.
(a) Any cannabis business that does not have the applicable State license is prohibited within the City.
(b) Any cannabis business allowed in the City shall obtain all of the following:
75 (1) A City business license.
(2) An operating permit on a form specified by the City, for a term no longer than three (3) years.
(3) A conditional use permit pursuant to the procedure in Chapter 18.70 of this Code. Any conditional use permit relating to the location of a cannabis business may be approved based on all of the following findings:
(i) The proposed use is allowed within the applicable zoning district and complies with all other applicable provisions of Title 18 of this Code. (ii) The proposed use is consistent with the General Plan and any applicable specific plan.
(iii) The design, location, size, and operating characteristics of the proposed activity would be compatible with the existing and future land uses in the vicinity. (iv) The site is physically suitable for the type, density, and intensity of use being proposed, including access, utilities, and the absence of physical constraints. (v) The proposed project has been reviewed in compliance with the California Environmental Quality Act.
(c) The City may refuse to issue any discretionary or ministerial permit, license, variance or other entitlement, which is sought pursuant to this article, including zoning clearance for a building permit, where the property upon which the use or structure is proposed is in violation of the Sand City Municipal Code, or any other local, state or federal law. (d) Operator Qualifications. All commercial cannabis operators must meet the following minimum qualifications. The City reserves the right to require additional qualifications through the application procedure.
(1) Commercial cannabis business operators must be twenty-one (21) years of age or older.
(2) Commercial cannabis business operators shall be subject to background search by the California Department of Justice and local law enforcement. (3) No commercial cannabis business operator may have a felony conviction, as specified in subdivision (c) of Section 667.5 of the Penal Code, and subdivision (c) of Section 1192.7 of the Penal Code. Operators may not have criminal convictions that substantially relate to the qualifications, functions, or duties of the business or profession, including a felony conviction involving fraud, deceit, or embezzlement or a criminal conviction for the sale or provision of illegal controlled substances to a minor.
(4) Commercial cannabis operators must meet the minimum qualifications established by the state for the applicable state license type.
(e) Cannabis Operator Application Procedure.
(1) A person may apply to operate a cannabis business by filing an application with the City Manager on a form provided by the City.
76 (2) The City Manager, or his or her designee, may design application forms and procedures specific to each permitted license type, including online permitting, and require inspections of proposed facilities before approving a commercial cannabis use under this Article.
(3) Applications shall be reviewed by City staff or qualified consultants, as designated by the City Manager. Such review may include a scoring or ranking system. (4) A person shall not knowingly make a false statement of fact or knowingly omit any information that is required in an application to operate a cannabis business. (5) Applications shall require, at a minimum, the following:
(i) A description of the benefits that the cannabis business would provide to the local community. The City will give priority to applications that offer the following community contributions, in order:
1. Payments to the City as a percentage of gross receipts and/or per square foot of cultivation space as mutually agreed by the Parties;
2. Economic incentives to the City;
3. Employment for residents of the City, paid a living wage and benefits;
4. Improvements to the property where the cannabis business is proposed to be operated and adjoining properties;
5. Public outreach and education/community service;
6. Hire partners and employees from marginalized communities and/or rehabilitated persons or employees who have cannabis criminal arrest history;
7. Green Business certification.
(ii) All necessary information related to the business its operators, including names, birth dates, addresses, social security or tax identification numbers, relevant criminal history, relevant work history, names of businesses owned or operated by the applicant within the last ten (10) years, investor and/or partner information, and APN number of the parcel upon which the business will be located. Such private information will be exempt from disclosure to the public, pursuant to applicable law, to protect an individual’s privacy interests and public health and safety.
(iii) Written (and notarized) permission from the property owner and/or landlord to operate a commercial cannabis use on the site.
(iv) Operating Plan.
(v) Security Plan as required under Section 18.XX.060.
(vi) Site Plans.
(vii) Air Quality information. When deemed necessary by City staff for purposes of compliance with CEQA or state cannabis regulations, the applicant shall provide a calculation of the businesses anticipated emissions of air pollutants. 77 Applicants are encouraged to design their project so as to minimize or avoid air pollutant emissions.
(viii) Greenhouse Gas Emissions. When deemed necessary by City staff for purposes of compliance with CEQA, the applicant shall provide calculations of the anticipated greenhouse gas emissions for the operation of the business. The applicant shall further demonstrate compliance with any applicable state, regional, or local plan for the reduction of greenhouse gas emissions. No conditional use permit shall be granted for any business that would violate any state, regional, or local plan for the reduction of greenhouse gases, nor shall any conditional use permit be issued where the construction and/or operation of the business would exceed any applicable threshold of significance for greenhouse gas emissions under the California Environmental Quality Act. (ix) Hazardous Materials information. To the extent that the applicant intends to use any hazardous materials in its operations, the applicant shall provide a hazardous materials management plan that complies with all federal, state, and local requirements for management of such substances. “Hazardous materials” includes any hazardous substance regulated by any federal, state, or local laws or regulations intended to protect human health or the environment from exposure to such substances.
(x) Water Supply information. When deemed necessary by the City Planner, the applicant shall demonstrate to the satisfaction of the City Planner that sufficient water supply exists for the use.
(xi) Wastewater information. When deemed necessary by the City Engineer, the applicant shall demonstrate to the satisfaction of the City Engineer that sufficient wastewater capacity exists for the proposed use. (xii) Signed Affidavit. The property owner and applicant, if other than the property owner, shall sign the application and shall include affidavits agreeing to abide by and conform to the conditions of the permit and all provisions of the Sand City Municipal Code pertaining to the establishment and operation of the commercial cannabis use, including, but not limited to, the provisions of this article.
(xiii) Signed indemnity provision, as established in Section 18.XX.110(e) of this article.
18.XX.060 - Security Requirements.
(a) Security Requirements – Retailers.
(1) Floor Plan. A retailer shall have a lobby waiting area at the entrance to receive persons to verify that the person meets the criteria of a valid qualified patient or primary caregiver, or in the case of nonmedical retailer, whether they are at least twenty-one (21) years of age. A retailer shall also have a separate and secure area designated for distributing cannabis. The main entrance shall be located and maintained clear of barriers, landscaping, and similar obstructions so that it is clearly visible from public streets or sidewalks.
78 (2) Storage. A retailer shall have adequate locked storage on the retailer property, identified and approved as a part of the security plan, for after-hours storage of cannabis. Cannabis shall be stored at the retailer property in secured rooms that are completely enclosed or in a safe that is bolted to the floor. (3) Security Plans. A retailer shall comply with a security plan that is approved by the city manager, in consultation with the police department, that includes, but is not limited to, building security specifications, lighting, cameras, alarms, and adequate state-licensed security personnel to patrol the retailer area in order to preserve the safety of persons and to protect the retailer from theft, including employee theft. The plan shall include storage and transportation information, which describes in detail the procedures for safely and securely storing and transporting all cannabis, cannabis products, and any currency. The plan should also include bollards where necessary to prevent vehicle entrance into the facility. The plan shall include detailed information regarding limited-access areas. The city may require minimum standards beyond those in this article for: all alarm and security-related equipment, staff training related to security equipment and procedures, and maintenance and contract requirements for all security equipment and personnel.
(4) Security personnel shall be on-site twenty-four (24) hours a day or alternative security as authorized by the Police Chief or his/her designee(s), so long as such alternative plan meets minimum state regulations. Security personnel must be licensed by the State of California Bureau of Security and Investigative Services personnel and shall be subject to the prior review and approval of the Chief of Police or his/her designee(s), with such approval not to unreasonably withheld. (5) Security Cameras. Security surveillance cameras and a video recording system shall be installed to monitor the interior, main entrance, all entries and exists (from both the inside and outside of building) and exterior retailer area to discourage loitering, crime, and illegal or nuisance activities. The camera and recording system must be of adequate quality (at least HD), color rendition, and resolution to allow the identification of any individual present in the retailer area. At each point-of-sale location, camera coverage must enable recording of the customer(s) and employee(s) facial features with sufficient clarity to determine identity. In addition, remote and real-time, live access to the video footage from the cameras shall be provided to the Chief of Police or his/her designee(s). The commercial cannabis business shall be responsible for ensuring that the security surveillance camera’s footage is remotely accessible by the Chief of Police or his/her designee(s), and that it is compatible with the City’s software and hardware. All surveillance equipment, records, and recordings must be stored in a secured area that is only accessible to management staff. Operators must keep a current list of all authorized employees who have access to the surveillance system and/or alarm system.
(6) Security Video Retention. Video from the security surveillance cameras shall be maintained for a period of not less than forty-five (45) days and shall be made available to the city upon request.
(7) Alarm System. Professionally and centrally-monitored fire, robbery, and burglar alarm systems shall be installed and maintained in good working condition. 79 (8) Concealed. A retailer shall not allow or permit cannabis to be visible from the building exterior.
(9) Police Notification. A commercial cannabis retailer shall notify the Chief of Police or his/her designee(s) within twenty-four (24) hours after discovering any of the following:
(i) Significant discrepancies identified during inventory. The level of significance shall be determined by the regulations promulgated by the Chief of Police or his/her designee(s).
(ii) Diversion, theft, loss, or any criminal activity involving the commercial cannabis business or any agent or employee of the commercial cannabis business.
(iii) The loss or unauthorized alteration of records related to cannabis, registering qualifying patients, primary caregivers, or employees or agents of the commercial cannabis business.
(iv) Any other breach of security.
(10)Emergency Contact. A retailer shall provide the City Manager with the current name and primary and secondary telephone numbers of at least one (1) twenty-four (24) hour on-call manager to address and resolve complaints and to respond to operating problems or concerns associated with the retailer. The retailer shall make good faith efforts to encourage neighborhood residents to call this person to solve operating problems, if any, before any calls or complaints are made to the City. (11)Weapons and firearms are prohibited on the property, unless legally carried by cityapproved security personnel and/or a business owner. (b) Security Requirements – All other commercial cannabis uses. Retailers shall include requirements in this section if no similar requirement is listed in subsection (a) above. (1) Security Plans. A commercial cannabis business comply with a security plan that is approved by the city manager, in consultation with the police department, that includes, but is not limited to, building security specifications, lighting, cameras, and alarms to preserve the safety of persons and to protect the business from theft, including employee theft. The plan shall include storage and transportation information, which describes in detail the procedures for safely and securely storing and transporting all cannabis, cannabis products, and any currency. The plan should also include bollards where necessary to prevent vehicle entrance into the facility.
(2) A permitted commercial cannabis business shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products, and to deter and prevent the theft of cannabis or cannabis products at the commercial cannabis business. Except as may otherwise be determined by the Chief of Police or his/her designee(s), these security measures shall include, but shall not be limited to, all of the following:
(i) Preventing individuals from remaining on the premises of the commercial cannabis business if they are not engaging in an activity 80 directly related to the permitted operations of the commercial cannabis business.
(ii) Establishing limited access areas accessible only to authorized commercial cannabis business personnel.
(iii) Except for live growing plants which are being cultivated at a cultivation facility, all cannabis and cannabis products shall be stored in a secured and locked room, safe, or vault. All cannabis and cannabis products, including live plants which are being cultivated, shall be kept in a manner as to prevent diversion, theft, and loss.
(iv) Installing (twenty-four) 24 hour security surveillance cameras of at least HD-quality to monitor all entrances and exits to and from the premises, all interior spaces within the commercial cannabis business which are open and accessible to the public, all interior spaces where cannabis, cash, or currency, is being stored for any period of time on a regular basis and all interior spaces where diversion of cannabis could reasonably occur. The commercial cannabis business shall be responsible for ensuring that the security surveillance camera’s footage is remotely accessible by the Chief of Police or his/her designee(s), and that it is compatible with the City’s software and hardware. In addition, remote and real-time, live access to the video footage from the cameras shall be provided to the Chief of Police or his/her designee(s). Video recordings shall be maintained for a minimum of ninety (90) days, and shall be made available to the Chief of Police or his/her designee(s) upon request.
Video shall be of sufficient quality for effective prosecution of any crime found to have occurred on the site of the commercial cannabis business.
All surveillance equipment, records, and recordings must be stored in a secured area that is only accessible to management staff. Operators must keep a current list of all authorized employees who have access to the surveillance system and/or alarm system.
(v) Sensors shall be installed to detect entry and exit from all secure areas. (vi) Panic buttons shall be installed in all commercial cannabis businesses. (vii) Having a professionally installed, maintained, and monitored alarm system.
(viii) Any bars installed on the windows or the doors of the commercial cannabis business shall be installed only on the interior of the building. (ix) Each commercial cannabis business shall have the capability to remain secure during a power outage and shall ensure that all access doors are not solely controlled by an electronic access panel to ensure that locks are not released during a power outage.
(x) Each commercial cannabis business shall identify a designated security representative/liaison to the City, who shall be reasonably available to meet with the Chief of Police or his/her designee(s) regarding any security-related measures or and operational issues.
81 (xi) The commercial cannabis business shall cooperate with the City whenever the Chief of Police or his/her designee(s) makes a request, upon reasonable notice to the commercial cannabis business, to inspect or audit the effectiveness of any security plan or of any other requirement of this Title.
(xii) A commercial cannabis business shall notify the Chief of Police or his/her designee(s) within twenty-four (24) hours after discovering any of the following:
(A) Significant discrepancies identified during inventory. The level of significance shall be determined by the regulations promulgated by the Chief of Police or his/her designee(s).
(B) Diversion, theft, loss, or any criminal activity involving the commercial cannabis business or any agent or employee of the commercial cannabis business.
(C) The loss or unauthorized alteration of records related to cannabis, registering qualifying patients, primary caregivers, or employees or agents of the commercial cannabis business.
(D) Any other breach of security.
(3) Weapons and firearms are prohibited on the property, unless legally carried by city-approved security personnel and/or a business owner.
18.XX.080 - Taxes.
(a) Commercial cannabis uses shall comply with any taxes that may be enacted by the voters or any additional regulations that may be promulgated in addition to all current applicable state and local taxes.
18.XX.090 - Employees.
(a) All employees of commercial cannabis businesses must be at least twenty-one (21) years of age.
(b) All employees of commercial cannabis businesses shall be subject to background search by the California Department of Justice and local law enforcement. (c) Each owner or operator of a commercial cannabis business shall maintain onsite a current register of all the employees currently employed by the commercial cannabis business, and shall produce such register to the Chief of Police, designee, or any other City official authorized to enforce the Sand City Municipal Code for purposes of determining compliance with this article.
(d) The Police Chief is authorized to implement an employee permit system, whereby any employee or volunteer of a commercial cannabis business, must obtain a work permit from the City.
(1) At a minimum, such program shall require the issuance of a permit that must be visibly displayed at all times by the employee or volunteer when he or she is 82 working and contains a recent photograph of the individual and the name of the commercial cannabis business where he or she works or volunteers. (2) The Police Chief may establish a fee for the cost of issuing such permit.
18.XX.100 - Miscellaneous. The following standards and regulations apply to all commercial cannabis uses:
(a) Weights and measures. All scales used for commercial transactions shall be registered for commercial use and sealed by the Department of Agriculture/Weights and Measures. (b) Tracking. Commercial cannabis operators shall comply with any track and trace program established by the City or state agencies. Commercial cannabis operators must maintain records tracking all cannabis production and products and shall make all records related to commercial cannabis activity available to the City upon request. The City Manager may require commercial cannabis operators to comply with a County track and trace system if deemed appropriate.
(c) Inspections. Commercial cannabis uses and operations shall be subject to inspections by appropriate local and state agencies, including but not limited to, the Departments of Health Services, Agriculture/Weights & Measures, the Sand City Police Department and City Management. Cannabis operations shall be inspected at random times for conformance with the Sand City Municipal Code and permit requirements. If interference in the performance of the duty of the agency having jurisdiction occurs, the agency may temporarily suspend the permit or license and order the cannabis operation to immediately cease operations.
(d) Restrictions on alcohol sales and consumption. No alcoholic beverages may be sold, dispensed, or consumed on or about the premises of any commercial cannabis business (e) Liability and Indemnification. To the fullest extent permitted by law, any actions taken by a public officer or employee under the provisions of this article shall not become a personal liability of any public officer or employee of the City. To the maximum extent permitted by law, the permittees under this article shall defend (with counsel acceptable to the City), indemnify and hold harmless the City of Sand City, the Sand City Council, and its respective officials, officers, employees, representatives, agents and volunteers (hereafter collectively called “City”) from any liability, damages, actions, claims, demands, litigation, loss (direct or indirect), causes of action, proceedings, or judgment (including legal costs, attorneys’ fees, expert witness or consultant fees, City Attorney or staff time, expenses or costs) (collectively called “action”) against the City to attack, set aside, void or annul, any cannabis-related approvals and actions and strictly comply with the conditions under which such permit is granted, if any. The City may elect, in its sole discretion, to participate in the defense of said action and the permittee shall reimburse the City for its reasonable legal costs and attorneys’ fees. Permittees shall be required to agree to the above obligations in writing.
18.XX.110 - Enforcement.
(a) Violations.
(1) Any activity performed contrary to the provisions of this article is hereby declared to be a public nuisance.
83 (2) Any violation of a term, condition, or the approved plans and specifications of any permit issued pursuant to this article shall constitute a violation. (3) Each and every day during any portion of which any violation is committed, continued, or allowed to continue shall be a separate offense. (b) Remedies. In addition to the revocation and suspension provisions in this Article and any all available remedies under the law, the following remedies shall be available to the City or other enforcement agency regarding violations of this Article. (1) Administrative enforcement pursuant to this Municipal Code. (2) Civil enforcement pursuant to this Municipal Code.
(3) Criminal enforcement if allowed under State law.
(c) City Council may, by Resolution, adopt specific fines, fees, costs, and penalty amounts for violations and enforcement costs related to this article. Fines, fees, costs, and penalty amounts within Sand City Municipal Code may be applied in the absence of a Council approved Resolution establishing specific amounts related to this article. (d) In any enforcement action brought pursuant to this Article, whether by administrative or judicial proceedings, each person who causes, permits, suffers, or maintains the unlawful cannabis use shall be liable for all costs incurred by the City, including, but not limited to, administrative costs, and any and all costs incurred to undertake, or to cause or compel any responsible person to undertake, any abatement action in compliance with the requirements of this Section. In any action by the agency having jurisdiction to abate unlawful cannabis uses under this Section, whether by administrative or judicial proceedings, the prevailing party shall be entitled to a recovery of the reasonable attorney’s fees incurred. Recovery of attorneys’ fees under this subdivision shall be limited to those actions or proceedings in which the City elects, at the initiation of that action or proceeding, to seek recovery of its own attorney’s fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys’ fees to a prevailing party exceed the amount of reasonable attorney’s fees incurred by the City in the action or proceeding.
5081630.1
84 AGENDA ITEM
8C.
Consideration of Naming Park for the
South of Tioga project
85 City of Sand City
Memorandum
TO: Mayor and City Council
FROM: Vibeke Norgaard, City Manager
DATE: May 3, 2022
SUBJECT: Consideration of Naming of City Park In South of Tioga Project ______________________________________________________________________ Background:
On June 5, 2018, the City Council approved a Vesting Tentative Map (“VTM”) submitted by DBO Development No.30, LLC (“Developer”) for the development of the “South of Tioga” project to develop property in the approximately 10.64 acre area bounded by Tioga Avenue to the northeast, California Avenue to the southeast, East Avenue to the southwest, and the Merle street right-of-way to the northwest in the central portion of the City, generally referred to as the “South of Tioga” district (“Project”).
The Developer has dedicated to the City an easement for a City park within the Project area made up of 0.07 acres on the R-1 Parcel and 0.12 acres on the R-2 Parcel, and as identified and depicted on Exhibit A to the resolution attached to this staff report. (“Park Easement” or “Park”). On April 19, 2022, the Council accepted the Park Easement.
The City Planner has worked with the Developer in the overall design and amenities to be included in the Park Easement. This concept was presented to City Council and approved by consensus on January 18, 2022. The final construction plans are now underway with the Developer, who will construct the Park on behalf of the City, though the City will be responsible for long-term care and maintenance under the purview of the Development Agreement and the Council’s acceptance of this park easement.
Developer has requested that the Council choose a name for the park. In consideration of the considerable effort that the late Don Orosco made to move this project forward, and his contributions to the development of the City, the Developer has suggested the park be named after Don Orosco.
Potential park names that could be chosen in honor of Mr. Orosco:
• Don Orosco Park
• The Orosco Family Park
86 Fiscal Impact: There is no fiscal impact associated with this action.
CEQA: This action does not constitute a "project" as defined by the California Environmental Quality Act (CEQA) guidelines section 15378.
STAFF RECOMMENDATION
Staff recommends that Council discuss the above or any other options and name the Park.
ATTACHMENTS
Exh. A: Park Easement map.
87 EXHIBIT A
88 89
AGENDA ITEM
8D.
Comments by Council Members on Items
of Interest to Sand City
90 AGENDA ITEM
8E.
Upcoming Meetings/Events
91 AGENDA ITEM
9A.
City Council/Successor Agency Board to
adjourn to Closed Session regarding
Conference with labor negotiator
pursuant to Cal.Gov. Code Section 54957.6
1) Agency designated representative:
Vibeke Norgaard, City Manager Employee
Organization: Sand City Police Officers
Association (POA)
92 AGENDA ITEM
9B.
Re-adjourn to Open Session to report any
action taken at the conclusion of Closed
Session in accordance with Cal. Gov Code
section 54957.1
93