_____________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 05.17.22 Regular Meeting
MINUTES
JOINT SAND CITY COUNCIL AND SUCCESSOR
AGENCY OF THE REDEVELOPMENT AGENCY
Regular Meeting - Tuesday, May 17, 2022
5:30 PM
As allowed per Assembly Bill (AB361), this meeting was conducted in person and by teleconference
Due to technical difficulties, the meeting was delayed.
Mayor Carbone called the meeting to order at 6:00 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, Acting City Manager
Connie Horca, City Clerk
Adam Lindgren, Interim City Attorney
AGENDA ITEM 2, PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Mayor Carbone.
AGENDA ITEM 3, INVOCATION
The invocation was led by Reverend Hellam at 5:15 p.m. due to time constraints.
AGENDA ITEM 4, ANNOUNCEMENT BY MAYOR, CITY ATTORNEY, & CITY MANAGER Mayor Carbone requested a moment of silence for the victims of the New York and Uvalde mass shootings. She also announced her attendance at the Leaders’ Summit, reported on available grant monies, and spoke to legislators regarding housing. There were also funds for housing, police services. She mentioned the City Barbeque on Saturday, and her daughter’s graduation celebration from medical school.
City Manager Norgaard reported on her attendance with the Mayor at the City Leaders Summit and commended the Mayor in her fight for the City, the call for local artists for the We. mural festival, swearing in ceremony of the new police office, dates for the upcoming Art Committee meeting, fiscal year budget approval, consideration of a transactions and use tax measure, and welcomed suggestions for the name of the Park within the South of Tioga project.
Interim City Attorney Adam Lindgren commended the Council for their lobbying efforts. _____________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 05.17.22 Regular Meeting
AGENDA ITEM 5, COMMUNICATIONS
6:11 P.M. Floor opened for Public Comment.
Sand City resident Michelle Djokic provided updates on the SandBox, the launch of a new campaign, the number of shows being presented to the public, expansion of the building to accommodate more people, the presentation of grant funds to the organization, and its purpose in bringing more people to the City.
City Manager Norgaard responded to a public member request regarding the status of the Calabrese Park project.
City Engineer Leon Gomez commented that the park is a 2 1/2-month project and is tied in with the street improvement project.
6:18 P.M. Floor closed to Public Comment.
AGENDA ITEM 6, CONSENT CALENDAR
6A. There was no discussion of the May 3, 2022 Sand City Council Meeting Minutes. 6B. There was no discussion of the City Donation/Contribution to the Food Bank for Monterey County for $500.
6:18 P.M. Floor opened for Public Comment.
There were no comments from the Public in person, via writing or through telecommunications.
6:19 P.M. Floor closed to Public Comment.
Motion to approve the Consent Calendar was made by Council Member Blackwelder, seconded by Council Member Sofer. Roll call Vote AYES: Council Members Blackwelder, Carbone, Cruz, Hawthorne, Sofer. NOES: None. ABSENT: None. ABSTAIN: None. Motion carried.
AGENDA ITEM 7, CONSIDERATION OF ITEMS PULLED FROM CONSENT CALENDAR There were no items pulled from the Consent Calendar.
AGENDA ITEM 8, PUBLIC HEARING
8A. FIRST READING: Ordinance to Establish Standards, Procedures and Fees for the Short-Term Rental of Property in Sand City (Short-Term Rental Ordinance)
City Manager Norgaard presented the initial introduction of the First Reading of the Ordinance that was considered at a Council meeting in June of 2021. The Ordinance _____________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 05.17.22 Regular Meeting
was drafted to prevent the degradation of the neighborhood, to address shortage of housing, and to draft rules and regulations that would govern the operation standards of short-term rentals. She introduced Interim City Attorney Adam Lindgren who will provide a report on the Ordinance.
Interim City Attorney Adam Lindgren reported that the Ordinance addresses the requirements of operating a short-term rental (STR), the application process, payments of transient occupancy tax, limitation of 2 occupants per bedroom, plus 2, no parties or weddings, prohibition for posting signage, requirement for an individual to respond to issues at the STR within 30 minutes. He provided details on the application process, that the Council would set a cap on the number of STR’s in the City in a future resolution. This ordinance further gives the Council and community the ability to limit impacts, how to address complaints and revocation of a permit.
City Manager Norgaard added that the City Planner was instrumental in noticing the public of this ordinance.
Mr. Lindgren recommended that the Council waive reading of the Ordinance in full and introduce by title only, and approve the proposed Ordinance for first reading. 6:30 P.M Floor opened for Public Comment.
Public Member Melissa Hill commented on the purchase of her home in Sand City, passion in hosting her home that supports local businesses, has not received any complaints, and thanked the Council for drafting an Ordinance in support of shortterm rentals.
Public Member Kurt Hill, a retired Naval officer, reported on their journey and lifelong dream of finding a home in Sand City, and expressed his support for the adoption of the Ordinance.
Sand City business owner Mr. Anderle provided a history of his business and garden, that Sand City is a hidden gem, is a Superhost with guests coming back again to revisit, and expressed his agreement with the Ordinance.
Sand City resident Tony Belleci, expressed his desire for people to come and enjoy Sand City, and is in support of the Ordinance.
Kyle Villeroy, vacation rental manager mentioned that the Ordinance is fair, is the best one drafted, and seems to be a win-win for everyone.
Sand City resident Albert Sanchez, commented that his home purchase in the City was previously a long-term rental, reported on the money invested to clean it up, explained his reason for creating it into a short-term rental, that he is a Superhost with high ratings, has had no complaints, its contribution to local businesses, and is in favor of the Ordinance.
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Public Member Anne Valence Anderle expressed her process in choosing guests, the amount of people allowed to say, has limitations on parties, and rates other hosts as well.
Sand City resident Bobbie Joe Harr expressed her disagreement with Airbnb’s, lack of long-term and affordable housing, the number of Airbnbs on the top of the hill, spoke to hosted and unhosted rentals, and the need for a time limit on application submittals.
Property Owner Kate Tolles, attending remotely, commented on her home that was formerly a long-term rental, their decision to make it into a short-term rental, has received one complaint about a back porch light, her process and house rules as a host of a short-term rental, and expressed agreement with the Ordinance.
Ms. Tolles received clarification form City Manager Norgaard that the Ordinance would allow for both hosted and unhosted short-term rentals.
Property Owner Heather Hess, attending remotely, commented on her home on Bay Avenue that was a rental for the past ten years, issues faced as a landlord in obtaining tenants, decision to try the short-term rental route and found that it was feasible in allowing people to get away from their homes during the pandemic.
Sand City resident, Dawn Peters requested that the Council regulate short term rentals, provide heavy penalties for those who create their own rules, reported that she was evicted when her previous landlord turned her previous residence into a short-term rental, and the change in the community resulting from short-term rentals.
Property Owner Erin Belleci commented on the cost of thousands of dollars to repair her building from the use of previous long-term tenants, the procedure of screening guests for the use of her Airbnb, and has not had the police come to her property since it has been a short-term rental.
Sand City resident Julia Essilinger commented that she loves living in Sand City, is against short-term rental, and would like the Council to take into account the number of residents that live in the City before setting a cap.
Sand City resident and long-term tenant Don Difede expressed that he has nothing against people making money, would like to keep STR’s to a small number, and reported on his conversations with others who have stated that they could no longer afford to live in Sand City.
Sand City resident Dierdre Bascou commented that there are 5 short-term rentals on her block alone, that the City was built to support artist that used to live here and can no longer afford to live here. There are too many rentals being given up to Airbnbs, and does not know who will be on her street at any given evening. _____________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 05.17.22 Regular Meeting
Sand City resident Luke Kilpatrick commented on his ability to own a home in Sand City, supports the Ordinance and does not want bad hosts in the City. He is a Superhost and is also regulated by the Airbnb community.
Sand City resident Steve Wilson commented that the area up the hill is zoned residential, Airbnb’s are businesses, that there are seven up there and takes away from the people who want to live here.
Property Owner Justin Rupps inquired why the City is getting involved since it is private property, and regulations that limits too many STR’s.
Property Owner Andy Belleci commented on the unaffordability of housing in the area, spoke about rentals, and what affordable housing may mean given the high cost of living in the area.
7:27 P.M. Floor closed to Public Comment.
City Manager Norgaard summarized the process of the approval of the Ordinance, explained how the cap will be set by Resolution, and limiting the number of shortterm rentals that will be allowed in the City.
Interim City Attorney Lindgren reported that the Ordinance is not in the zoning code, addressed speaker concerns regarding setting a cap, taking homes away, and limiting the number of STR’s within the City.
There was discussion regarding subleasing a unit at the Independent, legalities involved, and addressing the zoning issue during the application process.
Council Member Hawthorne spoke to subletting units as a short-term rental, the number of well managed and well run STR’s, revenue generated by STR’s, and that living by the coast will not change the cost of living in the area.
Council Member Sofer thanked everyone for submitting their opinions and value of input. She is an advocate for affordable housing, reported that it is difficult to live and work here, and Council’s desire to put a cap on STRs. Ms. Sofer also thanked Staff for working on this Ordinance.
Council Member Cruz, reminded the audience that these Airbnb, Vrbos, etc. have already existed, and that the City would like to have an Ordinance in place to protect the City.
Mayor Carbone summarized the knowledge of the lack of housing and water in the Peninsula, inability to build due to water, the need to find a solution, the number of short-term rentals, the need for a fair and equitable solution to STR’s, and future affordable housing units that will be constructed as part of the South of Tioga Project.
She also summarized Council member comments, and public member concerns regarding regulations.
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Council Member Blackwelder spoke to management of these STR’s, his concerns regarding existing Airbnb’s, disapproval of any new STR’s, and inspection of STR’s.
Motion to waive reading in full and introduce by title only of the Ordinance to establish standards, procedures, and fees for short-term rental property in Sand City was made by Council Member Blackwelder, seconded by Council Member Sofer.
Roll Call Vote AYES: Council Members Blackwelder, Carbone, Cruz, Hawthorne, Sofer. NOES: None. ABSENT: None. ABSTAIN: None. Motion carried.
Motion to approve for First Reading, by title only of the Ordinance to establish standards, procedures, and fees for short-term rental property in Sand City was made by Council Member Blackwelder, seconded by Council Member Hawthorne.
Roll Call Vote AYES: Council Members Blackwelder, Carbone, Cruz, Hawthorne, Sofer. NOES: None. ABSENT: None. ABSTAIN: None. Motion carried.
AGENDA ITEM 9, NEW BUSINESS
{A name draw was conducted and Council Members Blackwelder & Hawthorne recused and was excused from the remainder of the meeting due to a possible conflict of interest by residing within 500’ of the subject property}
9A. Consideration of City RESOLUTION Authorizing the City Manager to Execute a Professional Service Agreement with GHD in the amount of $366,059 to provide Engineering and Related Services for the West End Stormwater Improvement Project on Contra Costa Street
City Engineer Leon Gomez presented the West End Stormwater Improvement Project for both Contra Costa Street, and for Item 9B on Catalina Street. Mr. Gomez provided the history of the project, reported on the Prop 1 Technical Assistance Grant, grant award, conceptual design, project description and funding, bio retention facilities, permeable pavement, estimated budget, and explained the next steps that would include the execution of a professional service agreement. He further reported on the timeline and schedule of the project.
Mr. Gomez introduced Keone Kano of GHD. Mr. Kano introduced himself as the Senior Project Manager of GHD, and noted his background working with the State Water Board and Technical Assistance Grants. He reported on the continuity of the design and his staff’s background in working with street improvement projects of this nature.
In response to Council Member Sofer’s inquiry regarding parking on permeable pavement and oil, Mr. Kano responded that there is a special treatment in filtering special oils that is intended to clean out those solvents in the design.
Mr. Gomez addressed Mayor Carbone’s questions regarding the wastewater, and noted that there is a pre-system that pretreats elements before the water is released into the groundwater basin, as well as specific systems designed to filter out elements before it is allowed to infiltrate the ground system. _____________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 05.17.22 Regular Meeting
Mr. Gomez added that the system in the stormwater will be treated much differently that those that were created in the 1990’s. The bio retention facilities will help to filter out much of the unwanted debris. He responded to Mayor Carbone’s concern regarding traffic during construction, and that the project would be looked at as to not impede traffic flow.
Council Member Sofer added her comments regarding resurfacing the corridor out of Home Depot and working with the City of Seaside to improve that part of the street.
City Manager Norgaard mentioned that this contract is for engineering plans, and once the plans are in place, construction should commence, and Staff will reach out to the City of Seaside.
8:32 PM. 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 Manager to Execute a Professional Service Agreement with GHD in the amount of $366,059 to provide Engineering and Related Services for the West End Stormwater Improvement Project on Contra Costa Street was made by Council Member Cruz, seconded by Council Member Sofer. Roll call Vote AYES: Council Members Carbone, Cruz, Sofer. NOES: None. ABSENT: None. ABSTAIN: Council Members Blackwelder, Hawthorne. None. Motion carried.
9B. Consideration of City RESOLUTION Authorizing the City Manager to Execute a Professional Service Agreement with GHD in the amount of $131,902 to provide Engineering and Related Services for the West End Stormwater Improvement Project on Catalina Street
City Engineer Leon Gomez provided the staff report simultaneously with agenda item 9A.
8:35 PM. 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 Manager to Execute a Professional Service Agreement with GHD in the amount of $131,902 to provide Engineering and Related Services for the West End Stormwater Improvement Project on Catalina Street was made by Council Member Sofer, seconded by Council Member Cruz. Roll call Vote AYES: Council Members Carbone, Cruz, Sofer. NOES: None. ABSENT: None. ABSTAIN: Council Members Blackwelder, Hawthorne. Motion carried.
9C. Comments by Council Members on Items of Interest to Sand City _____________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 05.17.22 Regular Meeting
Council Member Sofer reported on her attendance in Sacramento, going to Laird’s office, met interesting people who lobbied for the Cities and found it interesting. 9D. Upcoming Events/Meetings
Mayor Carbone provided a reminder of the Sand City Barbeque, and reminded Staff of the League of California Cities conference.
AGENDA ITEM 10, ADJOURNMENT
There was consensus of the Council to adjourn the meeting at 8:40 p.m. to the next regularly scheduled Council meeting on June 7, 2022 at 5:30 p.m.
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Connie Horca, City Clerk