Sand City City Council
June 21, 2022

REGULAR MEETING

JOINT SAND CITY COUNCIL AND

SUCCESSOR AGENCY OF THE

REDEVELOPMENT AGENCY
TUESDAY, JUNE 21, 2022
5:30 PM
1 AGENDA

JOINT SAND CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
Regular Meeting - Tuesday, June 21, 2022
5:30 PM

THIS MEETING WILL BE HELD VIRTUALLY AND IN PERSON, IS COMPLIANT WITH ASSEMBLY BILL (“AB”) 361, SIGNED INTO LAW ON SEPTEMBER 16, 2021, WHICH AMENDS GOVERNMENT CODE SECTION 54953 TO PROVIDE AUTHORITY FOR PUBLIC

AGENCIES TO HOLD VIRTUAL MEETINGS DURING A PROCLAIMED STATE OF EMERGENCY AND REMAIN IN COMPLIANCE WITH THE BROWN ACT (GOV. CODE §§ 54950 ET SEQ.).

TO PARTICIPATE IN THE ZOOM COUNCIL MEETING LIVE:
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Meeting ID: 461 472 8829
To participate telephonically by calling the number below:
(669) 900-6833
Meeting ID: 461 472 8829#
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TO PARTICIPATE IN PERSON:

City Hall Council Chambers
1 Pendergrass Way
Sand City, CA
How to submit written Public Comments:

If any member of the public would like to provide written comments at the meeting, please do as set forth below.

Written: All comments received before 8:00 am the day of the meeting will be posted on the City’s website as “Correspondence” under the relevant agenda item and provided to the City Council members at the meeting. Please email your comments to [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. Please use the "raise your hand" option on Zoom and the City Clerk will call on and acknowledge you for public comment. 2 1. ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. INVOCATION

4. ANNOUNCEMENT BY MAYOR, CITY ATTORNEY & CITY MANAGER

5. COMMUNICATIONS
Members of the public may address the City Council/Successor Agency on matters not appearing on the City Council/Successor Agency Agenda at this time for up to three minutes. In order that the City Clerk may later identify the speaker in the minutes of the meeting, it is helpful if speakers state their names. Public comments regarding items on the scheduled agenda will be heard at the time the item is being considered by the City Council/Successor Agency.

The City Council Chambers podium is equipped with a portable microphone for anyone unable to come to the podium. If you need assistance, please advise the City Clerk as to which item you would like to comment on and the microphone will be brought to you.

6. CONSENT CALENDAR
The Consent Agenda consists of routine items for which City Council approval can be taken with a single motion and vote. A Council member may request that any item be placed on the Regular Agenda for separate consideration. 6A. Approval of the May 17, 2022 Council Meeting Minutes

5.17.22 Minutes.pdf
6B. Acceptance of City/Successor Agency Monthly Financial Report, May 2022 City.Successor Agency Monthly Financial Report. May 2022.pdf 6C. Approval of City RESOLUTION Authorizing Renewal of Sheltering Agreement with the Society for the Prevention of Cruelty to Animals for Monterey County (SPCA)
Staff Report.Amendment to the Animal Sheltering Services Agreement.pdf Exhibit A. SC 19-38 Agreement with the Society for the Prevention of Cruelty to Animals for Monterey County (SPCA).pdf
Resolution.Animal Sheltering Agreement SPCA.pdf
6D. Status Report on Greenwaste Recovery Franchise Rate Review Staff Report.Greenwaste Recovery Franchise Rate Review.pdf 6E. Consideration of City RESOLUTION Adopting a List of Projects for Fiscal Year 2022-23 Funded by SB1: The Road Repair and Accountability Act of 2017 Staff Report. SB 1 Project List for FY 2022-23.pdf
Resolution. Adopting a List of Projects for Fiscal Year 2022-23 Funded by SB1.pdf

7. CONSIDERATION OF ITEMS PULLED FROM CONSENT CALENDAR
3 8. PRESENTATION
8A. Presentation by the City Engineer, Leon Gomez of Harris & Associates on Pavement Management Implementation
Staff Report.PMP Implementation.pdf

9. NEW BUSINESS
9A. Consideration and Approval of Transactions and Use Tax regarding:
1) City RESOLUTION Establishing November 8, 2022 as the Date for an Election on a Proposed Ballot Measure Seeking voter Approval to Replace the Existing General Purpose Transactions and Use Tax at a Rate of One Percent and Impose a General Purpose Transactions and Use Tax at a Rate of One and One-Half Percent, for General City Services, Establishing Policies and Procedures in Connection with Such an Election, and Requesting that the County of Monterey Conduct Such an Election;
2) FIRST READING of Ordinance of the City of Sand City Replacing the Existing General Purpose Transactions and Use Tax at a Rate of One Percent and Imposing a General Purpose Transactions and Use Tax at a Rate of One and One-Half Percent, to be Administered by the California Department of Tax and Fee Administration, subject to Adoption by the Electorate Staff Report. Transactions and Use Tax Ballot Measure.pdf ATTACHMENT 1. Resolution. Election on Proposed Ballot Measure.pdf EXHIBIT A.Ordinance Transactions and Use Tax.pdf
9B. Consideration of Re-Establishing "Party Committee" on Appointments List 9C. Comments by Council Members on Items of Interest to Sand City 9D. Upcoming Meetings/Events

10. CLOSED SESSION
10A. City Council/ Successor Agency Board to adjourn to Closed Session regarding:
1) Conference with labor negotiator pursuant to Government Code section 54957.6
Agency designated representative: Vibeke Norgaard, City Manager Employees: Sand City Police Officers Association
10B. Re-adjourn to Open Session to report any action taken at the conclusion of Closed Session in accordance with 54957.1 of the Ralph M. Brown Act

11. ADJOURNMENT
The current agenda is available in PDF format on our website at:
www.sandcity.org
If you have a request for a disability-related modification or accommodation, including auxiliary aids or 4 services, which will allow you to participate in a Sand City public meeting, please call the City Clerk at (831) 394-3054 extension 220, or give your written request to the City Clerk at 1 Pendergrass Way, Sand City, CA 93955 at least 48 hours prior to the scheduled meeting to allow the City Clerk time to arrange for the requested modification or accommodation.
5 AGENDA ITEM
6A.

Approval of the May 17, 2022 Council
Meeting Minutes
6 _____________________________________________________________________________________________ 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. 7 _____________________________________________________________________________________________ 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 8 _____________________________________________________________________________________________ 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.
9 _____________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 05.17.22 Regular Meeting
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. 10 _____________________________________________________________________________________________ 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.
11 _____________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 05.17.22 Regular Meeting
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. 12 _____________________________________________________________________________________________ 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 13 _____________________________________________________________________________________________ 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.
_______________________________
Connie Horca, City Clerk
14 AGENDA ITEM
6B.

Acceptance of City/Successor Agency
Monthly Financial Report, May 2022
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AGENDA ITEM
6C.

Approval of City RESOLUTION Authorizing
Renewal of Sheltering Agreement with the
Society for the Prevention of Cruelty to
Animals for Monterey County (SPCA)
59 City of Sand City

STAFF MEMO
TO: Mayor and City Council
FROM: Connie Horca, City Clerk
DATE: June 6, 2022
FOR: June 21, 2022 Council meeting
SUBJECT: Approval of Amendment to the Animal Sheltering Services Agreement Discussion:

The City currently has an Animal Sheltering Services Agreement with the SPCA for animal disposition services that was adopted by the City Council on June 18, 2019 by Resolution SC 19-38, 2019, attached at Exhibit A.

The contract with the SPCA is due for renewal on July 1, 2022, and per the contract may be renewed every two years. The First Amendment to the Sheltering Services Agreement attached hereto as (Attachment 1) indicates a slight increase for fiscal year 2022-2023, for the sheltering of impounded animals. The City currently pays $166 per impounded animal with an additional $25 if SPCA staff is required to provide additional assistance with the animal. For fiscal year 2022-2023 the cost would increase to $175 per impounded animal, and for fiscal year 2023-2024, the cost would increase to $184 per impounded animal along with the additional $25 for additional assistance. The City shelters a small volume of animals on an annual basis therefore, the annual cost increases should not have a significant budgetary impact.

CEQA:

This action does not constitute a "project" as defined by the California Environmental Quality Act (CEQA) guidelines section 15378.

Fiscal Impact:

The City impounds 18-28 animals annually and the additional fiscal impact of the amended contract would be approximately $252 for fiscal year 2022-2023, and $504 for fiscal year 2023-2024.

Recommendation:

It is recommended that the City Council approve the attached Resolution authorizing renewal of Sheltering Agreement with the Society for the Prevention of Cruelty to Animals for Monterey County (SPCA)
Enc: Exhibit A – Resolution SC 19-39, Animal Sheltering Agreement Resolution: Attachment 1 – Addendum to 2018/19 Sheltering Service Agreement 60 61
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74 CITY OF SAND CITY
RESOLUTION SC 22- , 2022

RESOLUTION OF THE CITY COUNCIL OF SAND CITY AUTHORIZING RENEWAL

OF SHELTERING AGREEMENT WITH THE SOCIETY FOR THE PREVENTION OF

CRUELTY TO ANIMALS FOR MONTEREY COUNTY (SPCA)
WHEREAS, in 2003 the County of Monterey Health Department established a temporary animal shelter program for the humane boarding, care, and disposition of animals; and
WHEREAS, on August 2, 2016, the City Council approved the Public Safety’s recommendation to terminate the Animal Service Agreement with the County of Monterey Health Department and enter into an animal service agreement with the Society for the Prevention of Cruelty to Animals for Monterey County (SPCA); and WHEREAS, the County and other participating jurisdictions agreed to share the cost of renovating the shelter and establishing and operating a shelter program, as approved by the Sand City Council by Resolution SC 03-43 (2003) and has been continually renewed through FY 2021-2022 by Resolution (SC 19-38); and WHEREAS, the First Amendment to the 2019/2020 Sheltering Agreement (Attachment 1) shall take effect beginning July 1, 2022 through June 30, 2024 and shall remain in full force and effect for twenty-four (24) months with the option to extend the Agreement an additional two years; and
WHEREAS, the financial obligation of Sand City under the agreement shall include:

1. The following fees shall apply for each domestic and exotic animal brought to the SPCA:
• $175 for Fiscal Year ending June 2023
• $184 for Fiscal Year ending June 2024

2. A surcharge of $25.00 per animal will be assessed if SPCA staff assists City’s employee or representative in receiving impounded animals; and

3. After holding an animal for five (5) days, a charge to the City of $30.00 per additional day will be charged for animals held in protective custody;

4. An agreed upon fee of $28.12 for mammal and wildfowl carcasses weighing from five pounds to two hundred pounds and $6.49 for a mammal or carcasses weighing less than five pounds.
75 -2
Resolution SC 22- , 2022
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Sand City hereby approves the First Amendment to the 2019/202 Sheltering Service Agreement with the Society for the Prevention of Cruelty to Animals for Monterey County (SPCA).

PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Sand City, this __ day of June, 2022 by the following votes:

AYES: Council Members
NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mary Ann Carbone, Mayor
ATTEST:

Connie Horca, City Clerk
76 ATTACHMENT 1
First Amendment to 2019/2020 Sheltering Agreement
As per the terms of the Sheltering Services Agreement between the SPCA and the City of Sand City, dated July 19, 2019 (“Agreement”), as allowed under the terms of the Agreement, this First Amendment is intended to extend the Agreement.

The parties agree that the original agreement, its Definitions, Terms and Termination, and Services to be Performed shall remain unchanged, except for the term which is extended until June 30, 2024 and the fee for services will be:
$ 175.00 for Fiscal Year July 1, 2022 - June 30, 2023
$ 184.00 for Fiscal Year July 1, 2023 - June 30, 2024
SOCIETY FOR THE PREVENTION OF CRUELTY TO ANIMALS, a California nonprofit public benefits corporation
By:

Scott Delucchi
President & CEO
SPCA Monterey County
Date:

CITY OF SAND CITY
By:

Date:

Its:

Attest:

By:

City Clerk
77 AGENDA ITEM
6D.

Status Report on Greenwaste Recovery
Franchise Rate Review
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AGENDA ITEM
6E.

Consideration of City RESOLUTION
Adopting a List of Projects for Fiscal Year
2022-23 Funded by SB1: The Road Repair
and Accountability Act of 2017
86

STAFF REPORT
DATE: June 14, 2022 (for City Council action on June 21, 2022) TO: Honorable Mayor and City Council Members
FROM: Leon Gomez, City Engineer
SUBJECT: Approve a resolution adopting a list of projects for Fiscal Year 2022-23 funded by SB 1: the Road Repair and Accountability Act of 2017

RECOMMENDATION
Approve a resolution adopting a list of projects for Fiscal Year 2022-23 funded by SB 1: the Road Repair and Accountability Act of 2017

BACKGROUND
Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide. SB 1 includes accountability and transparency provisions to ensure that the residents of a given City/County are aware of the projects proposed for funding in their communities and which projects have been completed each Fiscal Year (FY).

In order to qualify and receive funding the City Council must adopt by resolution, a list of all projects proposed to receive FY funding from the Road Maintenance and Rehabilitation Account (RMRA) created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the project’s improvements.

The RMRA provides that local streets and roads funding be used for road maintenance and rehabilitation, safety projects, railroad grade separations, traffic control devices, complete street components that includes active transportation purposes, pedestrian and bicycle safety projects, transit facilities, and drainage and stormwater capture projects in conjunction with any other allowable project.

The City began receiving monthly apportionments in FY 2017-18. The table below lists all apportionments since the beginning of the program through the most recent apportionment of funds received in May 2022. The table includes the projected apportionments the City will receive in June, July, and August of 2022 and for FY 2022-23.

Table: SB 1 Funding Apportionments
87

Fiscal Year Total
Apportionment
2017-18 $2,250.06
2018-19 $7,225.25
2019-20 $6,876.00
2020-21 $7,137.34
2021-22 (thru May 2022) $5,740.72
Total $29,229.37
2021-22 remaining projected
apportionments for June, July, August
$1,887.28
2022-23 (projected) $8,525
* Table based on data provided by the California Transportation Commission (CTC) and the State Controller’s Office
Since the funding apportionments are relatively small when compared to the actual cost of constructing improvements, the City has elected to “bank” these funds for several years until a larger amount could be realized and applied to an eligible project. Previously, the City anticipated applying these funds to the Contra Costa Street and Sidewalk Improvement Project, which included the construction of new curb, gutter, sidewalk, asphalt pavement rehabilitation, and new crosswalks between Elder Ave. and Shasta Ave. However, since the City received Proposition 1 Stormwater Implementation Grant funding for the West End Stormwater Improvement Project which will reconstruct Contra Costa Street from Olympia Avenue to Redwood Avenue, the former project no longer needed to be constructed.

As an alternative to the former project, the City Engineer along with staff have identified the Calabrese Park, Pendergrass Way, and City Hall Improvement Project (Project). The Project includes park improvements including new play structures, walkways, steps, ADA parking and related features, street improvements including asphalt pavement widening and rehabilitation along Pendergrass Way, new concrete curb, gutter, sidewalk, and ADA ramps, asphalt overlay and/or surfacing at parking lots, and drainage improvements.

The park improvements do not qualify as eligible to receive funding from the SB 1 RMRA local roads and streets program. However, the rest of the Project improvements do meet the SB 1 RMRA criteria as they include road maintenance and rehabilitation and pedestrian safety improvements. Therefore, City staff recommends that the city council adopt this Project for FY 2022-23. The Project is anticipated to begin construction in July 2022 and to be completed by December 2022. The Project is shown in Attachment A.

REVIEW AND ANALYSIS
SB1 RMRA funding is available to the City for eligible projects that qualify under the program.

The City has identified the Calabrese Park, Pendergrass Way, and City Hall Improvement Project as eligible to receive this funding. The Project will complete needed road maintenance and rehabilitation and improve pedestrian safety.

ENVIRONMENTAL (CEQA) CLEARANCE
88

The approval of a resolution to adopt a list of projects in order to receive SB 1 funds does not constitute a “project” as defined by the California Environmental Quality Act (CEQA) and is therefore exempt under CEQA guidelines sections 15060(c)(2) and 15061(b)(3). Adoption of a potential project(s) and/or a list of project(s), non-inclusive of any plans or project construction, and for the purposes of receiving funding does not qualify as a “Project” per CEQA.

FISCAL IMPACT
As noted in the table above, as of May 2022 the City has banked $29,229.37 in SB 1 RMRA funds. The City will continue to receive funding apportionments into FY 2022-23 and the City Engineer estimates that approximately $32,000 may be available for the City to apply to the Project. However, the City will need to fund the difference between the available SB 1 RMA funding and the final construction cost of the Project.

In addition, the City is required to perform periodic, annual reporting under this program.

Therefore, it should be anticipated that city staff and contract City Engineer time and effort will be required in order to prepare and submit the required reporting information.

ATTACHMENTS:

1. Attachment A – Calabrese Park, Pendergrass Way, and City Hall Improvement Project 89 IRV
IRV
IRV
IRV
WV
IRV D
E
E
E
E
E
E

DRIVEWAY

DRIVEWAY

DRIVEWAY

CITY HALL PENDERGRASS WAY

CALIFORNIA AVENUE

PENDERGRASS WAY

DRIVEWAY

DRIVEWAY

CALABRESE

DRIVEWAY
PARK
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CALABRESE PARK, PENDERGRASS WAY, AND CITY HALL

IMPROVEMENT PROJECT

CITY OF SAND CITY
450 Lincoln Avenue, Suite 103, Salinas, CA 93901
p: 831.789.8670 * www.WeAreHarris.com
1 PENDERGRASS WAY, SAND CITY, CA 93955 DATE: 06/14/2021

ATTACHMENT A

SHEET DESCRIPTION
OCEAN
VIEW
AVENUE
SCALE: 1"=60'

PROJECT DESCRIPTION

PARK IMPROVEMENTS INCLUDING NEW PLAY STRUCTURES, WALKWAYS,

STEPS, ADA PARKING, AND RELATED FEATURES, STREET IMPROVEMENTS

INCLUDING ASPHALT PAVEMENT WIDENING AND REHABILITATION ALONG

PENDERGRASS WAY, NEW CONCRETE CURB, GUTER, SIDEWALK, AND ADA

RAMPS, ASPHALT OVERLAY AND/OR SURFACING AT PARKING LOTS, AND DRAINAGE IMPROVEMENTS.

CONSTRUCTION NOTES:

MICROSURFACE MAINTENANCE
TREATMENT.
2" HOT MIX ASPHALT OVERLAY.

FULL DEPTH RECLAMATION WITH 6"

HOT MIX ASPHALT OVERLAY PAVEMEN

NEW PAVEMENT CONSISTING OF
3" AC / 4" AB.

1.5" HOT MIX ASPHALT OVERLAY.
1 1
5 2
3 4
5 2
7 6
6 6
6 8
2 2
7 4
3 6 NEW CURB RETURN & ADA RAMP.
7 NEW SIDEWALK, CURB, & GUTTER.
8 NEW ADA PARKING STALL.
1 7

NEW DECORATIVE STAMPED CONCRET
CROSS WALK. 9
9 4
1 APPROXIMATE

RIGHT OF WAY

APPROXIMATE

RIGHT OF WAY
90 CITY OF SAND CITY
RESOLUTION SC ____, 2022

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAND CITY ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2022-23 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 (Chapter 5, Statutes of 2017) was passed by the Legislature and signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and WHEREAS, SB 1 includes accountability and transparency provisions that will ensure the residents of the City of Sand City (City) are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and WHEREAS, the City must adopt by resolution, a list of all projects proposed to receive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA) created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and WHEREAS, the RMRA provides that local streets and roads funding be used for road maintenance and rehabilitation, safety projects, railroad grade separations, traffic control devices, complete street components that include active transportation purposes, pedestrian and bicycle safety projects, transit facilities, and drainage and stormwater capture projects in conjunction with any other allowable project; and
WHEREAS, the City will receive an estimated $8,525 in RMRA funding in Fiscal Year (FY) 2022- 23 from SB 1; and
WHEREAS, this is the 6th year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, and increasing access and mobility options for the travelling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has undergone a robust public process to ensure public input into our community’s transportation priorities/project list; and WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost-effective projects that also meet the communities’ priorities for transportation investment; and WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate streets/roads, realize safety improvements, and increase access and mobility for the travelling public throughout the City; and
WHEREAS, the 2020 California Statewide Local Streets and Roads Needs Assessment identified the City’s streets and roads in at-risk condition and this revenue will help the City increase the overall quality of our road system and over the next decade will improve the condition of the City’s streets and roads; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing in complete streets 91 Resolution SC ______, 2022
infrastructure, and using cutting-edge technology, materials, and practices, will have significant positive benefits to our community.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Sand City, State of California, as follows:

1. The foregoing recitals are true and correct.

2. The following list of proposed projects will be funded in-part or solely with Fiscal Year 2022-23 Road Maintenance and Rehabilitation Account revenues:

Project Title: Calabrese Park, Pendergrass Way, and City Hall Improvement Project Project Description: the Project includes park improvements including new play structures, walkways, steps, ADA parking and related features, street improvements including asphalt pavement widening and rehabilitation along Pendergrass Way, new concrete curb, gutter, sidewalk, and ADA ramps, asphalt overlay and/or surfacing at parking lots, and drainage improvements.

The park improvements do not qualify as eligible to receive funding from the SB 1 RMRA local roads and streets program. However, the rest of the Project improvements do meet the SB 1 RMRA criteria as they include road maintenance and rehabilitation and pedestrian safety improvements. SB 1 RMRA funds will only be used towards eligible improvements.

Project Location: Calabrese Park, Pendergrass Way and City Hall, Sand City, CA Estimated Project Schedule: Start (July 2022) – Completion (December 2022) Estimated Project Useful Life: 20 Years
PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Sand City, this ______ day of June, 2022 by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:

Mary Ann Carbone, Mayor
ATTEST:

Connie Horca, City Clerk
92 AGENDA ITEM
8A.

Presentation by the City Engineer, Leon
Gomez of Harris & Associates on
Pavement Management Implementation
93

STAFF REPORT
DATE: June 14, 2022 (for City Council action on June 21, 2022) TO: Honorable Mayor and City Council Members
FROM: Leon Gomez, City Engineer
SUBJECT: Pavement Management Program Implementation

BACKGROUND
In June 2018, NCE performed surveys of the condition of the City’s entire pavement network as part of a regional Pavement Management Program (PMP) through the Transportation Agency for Monterey County (TAMC). NCE presented their findings in a report entitled “Pavement Management Program Update Final Report” dated July 2019.

In June 2018, NCE performed condition surveys of the City’s entire pavement network. The City has approximately 5.1 centerline miles of pavement consisting of 2.1 miles of collectors and 3.0 miles of residential streets. All pavement data was entered into a database named StreetSaver.

NCE and City staff selected appropriate maintenance strategies such as microsurfacing, overlays, and full depth reclamation (FDR) with overlays, and determined the unit costs of those treatments. NCE also performed a budget analysis using a 10-year period with an annual inflation rate of 3%.

The City’s street network replacement cost was estimated to be approximately $4.7 million (in 2019 dollars). PCI means Pavement Condition Index. It is a measurement of pavement condition and ranges from 0 to 100. The 2018 average PCI for the City’s street network was 59.

The PCI scale is divided into five condition categories, as shown in Figure 1 below.

Figure 1: Pavement Condition Categories by PCI (NCE, July 2019) The 2018 PCI results for the City’s roadway network are shown below:
94

Condition Category PCI Range Entire Network (%)
Good/Very Good 70-100 41.3
Fair 50-69 25.8
Poor 25-49 18.1
Very Poor/Failed <25 14.8
Total 100
When considering an efficient approach to pavement management, research has shown that it is much more cost effective to maintain streets in good condition over time than it is to repair streets that have failed. Streets that have deteriorated to very poor or failed conditions require significant rehabilitation and/or reconstruction. NCE prepared the following figure showing the cost of maintaining pavements over time:

Figure 2: Costs of Maintaining Pavement over Time (NCE, July 2019) As shown above, streets that once cost $3.50/square yard to maintain with microsurfacing when in “good” condition, can cost $36/square yard to overlay in “fair” condition, and $51.50/square yard to rehabilitate with FDR and overlay in “poor, very poor, and failed” condition.

NCE provided three (3) budget scenarios for what would happen to the City’s PCI in the future depending on how much the City Council decided to invest in City roads:
• Scenario 1: City’s existing funding ($430,000/10 Years) – the analysis for this scenario estimates that at the end of 10 years, the average network PCI will drop to 51, and the deferred maintenance will increase to $2.2 million. • Scenario 2: Maintain PCI at 59 ($849,000/10 years) – estimates that the funding required to maintain an average network PCI of 59 is approximately $849,000 over the next 10 years and will decrease deferred maintenance to $1.7 million. • Scenario 3: Best Management Practice ($2.3 million/10 years) – aims to achieve a maintainable network over the next 10 years by eliminating deferred maintenance and will increase the network PCI to 83.

Scenario 3 is the recommended strategy to repair all streets and to raise the network to a good 95

condition level that can be maintained with on-going preventative maintenance. In the long run, this strategy saves the City money by preventing pavement deterioration to levels requiring more costly rehabilitation or reconstruction.
2021 PMP Update and Next Steps
In March of 2021, Harris & Associates (Harris) performed “field distress surveys” of the City’s roadway network in order to update the City’s Pavement Management Program (PMP). This effort was required because many transportation funding programs require that arterial, collector and residential streets be re-inspected every few years in order to maintain an updated and current PMP. Harris updated the City’s PMP in StreetSaver and a copy of the current PCI map (June 2022) for the street network is shown in Attachment A.

In order to maintain the City’s roadway assets and plan and implement maintenance and rehabilitation projects, the City Engineer recommends the following steps:

1. Establish a planning period, 5 or 10 years is typical, and establish an annual budget to meet the plan.

2. Establish priorities based on the recommendations contained in the 2019 PMP report by NCE and the 2021 PMP update performed by Harris.

3. Update the StreetSaver program with this information.

4. Update City’s Capital Improvement Program (CIP).

5. Develop construction documents for bidding to construct the identified maintenance and rehabilitation projects.

6. Begin implementation.

ENVIRONMENTAL (CEQA) CLEARANCE
The consideration of an informational item to the City Council with no action to be taken does not qualify as a “project” and is therefore exempt from the California Environmental Quality Act (CEQA), per CEQA guideline section 15060(c)(1) as the presentation does not involve/require the exercise of discretionary powers; and section 15060(c)(2) as the presentation will have no direct or indirect impact upon the environment. Creation and implementation of the Pavement Management Program (PMP) that is to collect data and manage maintenance also falls under the exemption sections noted above.

FISCAL IMPACT
Several transportation related funding programs require that the City establish and implement a PMP. The annual costs for implementation of the PMP and use of the StreetSaver software to assist with planning and implementation of the PMP are estimated by staff to be $5,000-10,000.

The budget for the annual updates to the City’s street system will be developed through the City’s CIP process. If a Transaction and Use Tax measure increase of one half of one percent passes this November, those funds would be put in the general fund which could be used in part to fund the improvement of the City’s streets.

RECOMMENDATION
This is merely an update on the City of Sand City Pavement Management Program and implementation. The actual implementation would occur if and when the Council updates its CIP to reflect street maintenance and/or rehabilitation projects.

ATTACHMENTS:
96

1. Attachment A – Current PCI Condition Map for June 2022 97 &XUUHQW 3&, &RQGLWLRQ
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ATTACHMENT A CITY OF SAND CITY
98 AGENDA ITEM
9A.

Consideration and Approval of
Transactions and Use Tax regarding: 1)
City RESOLUTION Establishing November
8, 2022 as the Date for an Election on a
Proposed Ballot Measure Seeking voter
Approval to Replace the Existing General
Purpose Transactions and Use Tax at a
Rate of One Percent and Impose a General
Purpose Transactions and Use Tax at a
Rate of One and One-Half Percent, for
General City Services, Establishing Policies
and Procedures in Connection with Such
an Election, and Requesting that the
99 County of Monterey Conduct Such an
Election;2) FIRST READING of Ordinance
of the City of Sand City Replacing the
Existing General Purpose Transactions and
Use Tax at a Rate of One Percent and
Imposing a General Purpose Transactions
and Use Tax at a Rate of One and One-Half
Percent, to be Administered by the
California Department of Tax and Fee
Administration, subject to Adoption by
the Electorate
100
City of Sand City
Staff Report
TO: Honorable Mayor and City Council Members
FROM: Vibeke Norgaard, City Manager
DATE: June 16, 2022 (For June 21, 2022 City Council meeting) SUBJECT: Transactions and Use Tax Measure
______________________________________________________________________ Discussion/Background:

The City Attorney has prepared the enclosed Transactions and Use Tax Ordinance (“Ordinance”) which would raise the transaction and use tax in Sand City by one half of one percent to 1.5%. Currently, the transaction and use tax in Sand City is 1.0%.

Transaction and use taxes are “sales taxes” in common parlance but have a slightly different tax base. Under state law, cities may impose transaction and use taxes at a rate of 0.125%, or a multiple of that amount, of retailers’ gross receipts from the sale of tangible personal property. (Rev. & Tax Code sections 7285.9, 7285.92). The combined rate of sales and transaction and use taxes at the local/county level may not exceed 2%. (Rev. & Tax Code section 7251.1).

The current sales tax rate in Sand City is 8.75% which includes the Statewide rate of

7.25%, Sand City’s existing transaction and use tax (Measure J) rate of 1.00%, the Transportation Agency for Monterey County rate of 0.375%, and Monterey-Salinas Transit rate of 0.125%. The proposed tax increase of 0.50% would bring the City to the maximum sales tax allowed under state law (9.25%). Unlike the regular sales tax, 100% of the transaction and use tax goes directly to the City. Sand City’s transaction & use tax is currently .5% lower than that of all the other cities on the Monterey peninsula, which all are currently at the 9.25% tax rate.

If passed, the tax is projected by HDL to add an additional $1.4 million to the City’s general fund. That infusion of funds would be particularly helpful in light of the loss of an $850,000 lease payment from California American Water Company (Cal Am) starting next fiscal year (FY22-23). In addition, the City may use revenues from the proposed tax to improve streets and sidewalks in the City; improve trails and beach access; develop affordable housing; public safety and emergency preparation; and provide other needed community services.

Agenda
Item
9A
101
All revenue received from the Transaction and Use tax will stay in the City and not be shared with the State. It should also be noted that most of the added revenue would not come from Sand City residents, but from residents from the surrounding areas who shop in the City’s regional shopping centers.

An additional discussion has been scheduled at the next City Council meeting to discuss informing residents and answering questions about the measure. The public will be responsible for any advocacy in favor of or opposition to the measure. City funds, facilities, staff time and resources may not be allocated for this purpose, and staff may not be assigned to this responsibility.

Procedure:

The ordinance proposing the tax must be approved by a two-thirds vote of all members of the City Council and approved by a majority vote of the qualified voters voting on the issue at the November election.

The following steps will be necessary in order to put this measure on the November 2022 ballot:

At this June 21, 2022 City Council meeting:

1. Review and approval of a resolution approving placement on the Nov 3, 2020 Ballot of a measure to increase the general purpose transactions and use tax to 1 ½ %.

2. Introduce and conduct a first reading of the General Purpose Transactions and Use Tax Ordinance.

At the July 5, 2022 City Council meeting:

1. Conduct a public hearing, consider and adopt the General Purpose Transactions and Use Tax Ordinance.

2. Discuss planning and organizing campaign support for the Measure.

CEQA:

This General Purpose Transactions and Use Tax is a general tax that can be used for any legitimate governmental purpose, the revenues from which are not committed to any particular action. As such, under CEQA Guidelines 153789(b)(4) and 15060(c)(2) & (3) the tax is not a project within the meaning of CEQA because it creates a governmental funding mechanism that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. (Public Resources Code Sections 21000 et seq, “CEQA”, and 14 Cal. Code Reg.

Sections 15000 et seq, “CEQA Guidelines”). If revenue from the tax were used for a purpose that would have such effect, the City would undertake the required CEQA review for that particular project. Therefore, under CEQA Guidelines 15060, review of this ordinance under CEQA is not required.
102
Fiscal Impact:

It is anticipated that if the measure passes, it will produce approximately $1,400,000 additional revenue to the City’s general fund annually. However, in FY 22-23, Sand City would receive only about three months of the revenue after the implementation of the ballot measure, or approximately $350,000.

Recommendation:

It is recommended that the City Council:

1. Adopt the attached resolution

2. Approve a first reading of the proposed Ordinance:
i) Motion to waive full reading and introduce the attached Ordinance by title only.
ii) Motion to approve the First Reading of the Ordinance.

Exhibits:

Attachment 1: Resolution
Exhibit A: Transaction and Use Tax Ordinance
103

CITY OF SAND CITY
RESOLUTION NO. XX-2022

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAND CITY ESTABLISHING NOVEMBER 8, 2022 AS THE DATE FOR AN ELECTION ON A

PROPOSED BALLOT MEASURE SEEKING VOTER APPROVAL TO REPLACE THE

EXISTING GENERAL PURPOSE TRANSACTIONS AND USE TAX AT A RATE OF

ONE PERCENT AND IMPOSE A GENERAL PURPOSE TRANSACTIONS AND USE

TAX AT A RATE OF ONE AND ONE-HALF PERCENT, FOR GENERAL CITY

SERVICES, ESTABLISHING POLICIES AND PROCEDURES IN CONNECTION

WITH SUCH AN ELECTION, AND REQUESTING THAT THE COUNTY OF

MONTEREY CONDUCT SUCH AN ELECTION

RECITALS
WHEREAS, on November 2, 2004, the voters of the City of Sand City adopted a General Purpose Transactions and Use Tax with a rate of one-half of one percent; and WHEREAS, on November 4, 2014, the voters of the City of Sand City adopted a General Purpose Transactions and Use Tax with a rate of one percent; and WHEREAS, the additional revenue to the City’s general fund would provide much needed revenues to improve the City’s streets and sidewalks and fund its additional capital needs including parks, trees, trails, and beach access; public safety and emergency preparation; invest in community facilities; and provide general City services; and WHEREAS, the transactions and use tax to be submitted to the voters is a general tax that can be used for any legitimate governmental purpose; it is not a commitment to any particular actions or purposes, and the specific purposes recited in the ballot measure are nonrestricted and non-exclusive examples only. The tax is a general tax and shall be approved if the measure receives at least a simple majority of affirmative votes; and WHEREAS, all funds from a local revenue measure must stay in Sand City and cannot be taken by the State; and
WHEREAS, the proposed revenue measure includes accountability requirements including independent audits and annual reports to the community to ensure that all funds are spent as promised; and
WHEREAS, the tax to be submitted to the voters, if approved, would replace the current one cent sales and use tax with a one and one-half cent sales and use tax, increasing the City’s sales and use tax by one-half of a cent; and
104
WHEREAS, California Constitution Article XIIIC, Section 2, provides that no local government may impose, extend or increase any general tax unless and until that tax is submitted to the electorate and approved by a majority vote; and
WHEREAS, California Constitution Article XIIIC, Section 2, further requires that a measure proposing to impose, extend or increase a general tax must be consolidated with a City’s general municipal election for members of the City Council; and WHEREAS, November 8, 2022 is the date of the City’s regular municipal election; and WHEREAS, a general election has been called on November 8, 2022 by Resolution No. 22-39-2022 adopted on May 3, 2022, to be consolidated with the Statewide General Election held on the same date; and
WHEREAS, the City Council is authorized by California Elections Code Section 9222 to place measures before the voters; and
WHEREAS, the City Council desires to place a measure before the voters at the November 8, 2022 Statewide General Election that would increase the sales tax by one-half of a cent; and
WHEREAS, the City Council desires that the proposed measure be consolidated with the November 8, 2022 Statewide General Election, to be held on the same date, and that within the City, the polling places and election officers of the two elections be the same, and that the Monterey County Elections canvass the returns of the general election and that the election be held in all respects as if there were only one election.

NOW, THEREFORE, IT IS HEREBY RESOLVED as follows:

1. Placement of Measure on the Ballot. Pursuant to California Elections Code Section 9222 and Revenue and Taxation Code section 7285.9, the City Council hereby calls and orders to be held in the City of Sand City, California, on Tuesday, November 8, 2022, an election at which a measure shall be submitted to the voters of the City for approval an ordinance to enact a local transactions and use tax. The question shall appear and be printed on the ballot as follows:

Shall the measure be adopted to increase Sand City’s current 1% transactions and use tax to 1.5%, until amended by subsequent vote, as a general tax to generate an estimated $1.4 million annually, to enhance City infrastructure including roads and sidewalks, parks, trees, trails, and beach access; fund capital needs; maintain public safety and emergency preparation; invest in community facilities; and provide general City services; with all revenues requiring an annual independent audit? Yes No
105

2. Approval of Ordinance. The City Council hereby approves the proposed ordinance to be submitted to the voters, attached hereto as Exhibit A. The proposed measure shall not take effect unless and until approved by a vote of at least a simple majority of affirmative votes of the voters voting on the question at the election. The ordinance specifies that the rate of the transactions tax shall be one and one-half of one percent (1.5%) of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in the City; it specifies that the rate of the transaction and use tax shall be one and one-half of one percent (1.5%) of the sales price of tangible personal property stored, used or otherwise consumed in the City. The tax shall be in effect until it is repealed by the voters. The California Department of Tax and Fee Administration shall collect the tax from retailers subject to the tax and remit the funds to the City. The full text of the measure will be presented in the Voter Information Guide.

3. Publication of Measure. The City Clerk is hereby directed to cause notice of the measure to be published once in the official newspaper of the City of Sand City, in accordance with Section 12111 of the Elections Code and Section 6061 of the Government Code.

4. Request to Consolidate and Conduct Election and Canvass Returns. (a) Pursuant to the requirements of Section 10403 of the Elections Code, the Board of Supervisors of the County of Monterey is hereby requested to consent and agree to the consolidation of a general municipal election with the statewide election on Tuesday, November 8, 2022, for the purpose of placing the measure set forth in Section 1 on the ballot. The City Council acknowledges that the consolidated election will be conducted in the manner prescribed in Elections Code section 10418.
(b) The Monterey County Elections is authorized to canvass the returns of the regularly scheduled general municipal election. The election shall be held in all respects as if there were only one election, and only one form of ballot shall be used. (c) The Board of Supervisors is requested to issue instructions to the Monterey County Elections to take any and all steps necessary for the holding of the consolidated election.
(d) The City of Sand City recognizes that additional costs will be incurred by the County of Sacramento by reason of this consolidation, and agrees to reimburse the County for any additional costs above and beyond those reimbursed by the State.

5. Submission of Ballot Arguments and Impartial Analysis. (a) The last day for submission of direct arguments for or against the measure shall be by 5 p.m. on July 1, 2022.
(b) The last day for submission of rebuttal arguments for or against the measure shall be by 5 p.m. on July 11, 2022.
106
(c) Direct arguments shall not exceed three hundred (300) words and shall be signed by not more than five (5) persons.
(d) Rebuttal arguments shall not exceed two hundred fifty (250) words and shall be signed by not more than five (5) persons; those persons may be different persons than the persons who signed the direct arguments.
(e) The City Attorney shall prepare an impartial analysis of the measure by June 29, 2022.
(f) Pursuant to California Elections Code Section 9282, the Mayor is hereby authorized to prepare and file a written argument in favor of the proposed measure, not to exceed three hundred (300) words, on behalf of the City Council. At the Mayor’s discretion, the argument may be signed by any combination of members of the City Council or bona fide associations of citizens or by individual voters who are eligible to vote on the measure. In the event that an argument is filed against the measure, the Mayor is also authorized to prepare a rebuttal argument on behalf of the City Council, which may also be signed by any combination of members of the City Council or bona fide associations of citizens or by individual voters who are eligible to vote on the measure, and who may be different from the signers of the direct argument. Submissions by email or facsimile are allowed for direct arguments and rebuttal arguments that are signed and otherwise meet the above requirements and the California Elections Code, provided that original copy thereof is delivered to the City Clerk within twentyfour (24) hours of submission of the electronic version. (g) Pursuant to California Elections Code Section 9285, when the City Clerk has selected the arguments for and against the measure, which will be printed and distributed to the voters, the City Clerk shall send copies of the argument in favor of the measure to the authors of the argument against, and copies of the argument against to the authors of the argument in favor. Rebuttal arguments shall be printed in the same manner as the direct arguments. Each rebuttal argument shall immediately follow the direct argument which it seeks to rebut.

6. Effective Date. This Resolution shall become effective immediately upon its passage and adoption, and the City Clerk is directed to send certified copies of this Resolution to the Monterey Board of Supervisors, to the County Clerk-Recorder, and Monterey County Elections.

7. Passage of the Resolution. This Resolution must be approved by a two-thirds (2/3) vote of the City Council.

8. CEQA. The approval of this Resolution is exempt from the California Environmental Quality Act (Public Resources Code §§ 21000 et seq., “CEQA,” and 14 Cal.

Code Reg. §§ 15000 et seq., “CEQA Guidelines”). The transactions and use tax to be submitted to the voters is a general tax that can be used for any legitimate governmental purpose; it is not a commitment to any particular action. As such, under CEQA Guidelines section 15378(b)(4), the tax is not a project within the meaning of CEQA because it creates a government funding mechanism that does not involve any commitment to any specific project that may result in a 107
potentially significant physical impact on the environment. If revenue from the tax were used for a purpose that would have either such effect, the city would undertake the required CEQA review for that particular project. Therefore, under CEQA Guidelines section 15060 review under CEQA is not required.

PASSED AND ADOPTED by the City Council of the City of Sand City on this 21st day of June 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Mary Ann Carbone, Mayor
ATTEST:
____________________________
Connie Horca, City Clerk
108
1 CITY OF SAND CITY
ORDINANCE NO. 22 - , 2022

AN ORDINANCE OF THE CITY OF SAND CITY REPLACING THE EXISTING

GENERAL PURPOSE TRANSACTIONS AND USE TAX AT A RATE OF ONE

PERCENT AND IMPOSING A GENERAL PURPOSE TRANSACTIONS AND

USE TAX AT A RATE OF ONE AND ONE-HALF PERCENT, TO BE

ADMINISTERED BY THE CALIFORNIA DEPARTMENT OF TAX AND FEE

ADMINISTRATION, SUBJECT TO ADOPTION BY THE ELECTORATE

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAND CITY:

SECTION 1. FINDINGS.

A. On November 2, 2004, the voters of the City of Sand City adopted a General Purpose Transactions and Use Tax with a rate of one-half of one percent.

B. On November 4, 2014, the voters of the City of Sand City adopted a General Purpose Transactions and Use Tax with a rate of one percent. . C. Additional revenue to the City of Sand City’s general fund would provide much needed revenues to improve the City’s streets and sidewalks and fund its additional capital needs including parks, trees, trails, and beach access; public safety and emergency preparation; and invest in community facilities; and provide general City services.

D. All funds from a local transactions and use tax must stay in the City of Sand City and cannot be taken by the State.

E. This General Purpose Transactions and Use Tax is a general tax and must be approved by at least a simple majority of affirmative votes of the qualified voters of Sand City at an election to be held on November 8, 2022 to become effective.

SECTION 2. AMENDMENT OF SAND CITY MUNICIPAL CODE. Chapter 3.36 "General Purpose Transactions and Use Tax” of the Sand City Municipal Code is hereby amended to read in its entirety as follows:
“Section 3.36.010 Title. This ordinance shall be known as the City of Sand City General Purpose Transactions and Use Tax Ordinance. The City of Sand City hereinafter shall be called "City." This ordinance shall be applicable in the incorporated territory of the City.

Section 3.36.020 Operative Date. "Operative Date" means the first day of the first calendar quarter commencing more than 110 days after the adoption of this ordinance, the date of such adoption being as set forth below.
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2 Section 3.36.030 Purpose. This ordinance is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:

A. To impose a retail transactions and use tax in accordance with the provisions of Part 1.6 (commencing with Section 7251) of Division 2 of the Revenue and Taxation Code and Section 7285.9 of Part 1.7 of Division 2 which authorizes the City to adopt this tax ordinance which shall be operative if a majority of the electors voting on the measure vote to approve the imposition of the tax at an election called for that purpose.

B. To adopt a retail transactions and use tax ordinance that incorporates provisions identical to those of the Sales and Use Tax Law of the State of California insofar as those provisions are not inconsistent with the requirements and limitations contained in Part 1.6 of Division 2 of the Revenue and Taxation Code.

C. To adopt a retail transactions and use tax ordinance that imposes a tax and provides a measure therefore that can be administered and collected by the California Department of Tax and Fee Administration in a manner that adapts itself as fully as practicable to, and requires the least possible deviation from, the existing statutory and administrative procedures followed by the California Department of Tax and Fee Administration in administering and collecting the California State Sales and Use Taxes.

D. To adopt a retail transactions and use tax ordinance that can be administered in a manner that will be, to the greatest degree possible, consistent with the provisions of Part

1.6 of Division 2 of the Revenue and Taxation Code, minimize the cost of collecting the transactions and use taxes, and at the same time, minimize the burden of record keeping upon persons subject to taxation under the provisions of this ordinance.

Section 3.36.040 Contract with State. Prior to the operative date, the City shall contract with the California Department of Tax and Fee Administration to perform all functions incident to the administration and operation of this transactions and use tax ordinance; provided, that if the City shall not have contracted with the California Department of Tax and Fee Administration prior to the operative date, it shall nevertheless so contract and in such a case the operative date shall be the first day of the first calendar quarter following the execution of such a contract.

Section 3.36.050 Transactions Tax Rate. For the privilege of selling tangible personal property at retail, a tax is hereby imposed upon all retailers in the incorporated territory of the City at the rate of 1.5% of the gross receipts of any retailer from the sale of all tangible personal property sold at retail in said territory on and after the operative date of this ordinance.

Section 3.36.060 Place of Sale. For the purposes of this ordinance, all retail sales are consummated at the place of business of the retailer unless the tangible personal property sold is delivered by the retailer or his agent to an out-of-state destination or to a common carrier for delivery to an out-of-state destination. The gross receipts from such sales shall 110
3 include delivery charges, when such charges are subject to the state sales and use tax, regardless of the place to which delivery is made. In the event a retailer has no permanent place of business in the State or has more than one place of business, the place or places at which the retail sales are consummated shall be determined under rules and regulations to be prescribed and adopted by the California Department of Tax and Fee Administration.

Section 3.36.070 Use Tax Rate. An excise tax is hereby imposed on the storage, use or other consumption in the City of tangible personal property purchased from any retailer on and after the operative date of this ordinance for storage, use or other consumption in said territory at the rate of 1.5% of the sales price of the property. The sales price shall include delivery charges when such charges are subject to state sales or use tax regardless of the place to which delivery is made.

Section 3.36.080 Adoption of Provisions of State Law. Except as otherwise provided in this ordinance and except insofar as they are inconsistent with the provisions of Part 1.6 of Division 2 of the Revenue and Taxation Code, all of the provisions of Part 1 (commencing with Section 6001) of Division 2 of the Revenue and Taxation Code are hereby adopted and made a part of this ordinance as though fully set forth herein.

Section 3.36.090 Limitations on Adoption of State Law and Collection of Use Taxes.

In adopting the provisions of Part 1 of Division 2 of the Revenue and Taxation Code:

A. Wherever the State of California is named or referred to as the taxing agency, the name of this City shall be substituted therefor. However, the substitution shall not be made when:

1. The word "State" is used as a part of the title of the State Controller, State Treasurer, State Board of Control, State Treasury, or the Constitution of the State of California;

2. The result of that substitution would require action to be taken by or against this City or any agency, officer, or employee thereof rather than by or against the California Department of Tax and Fee Administration, in performing the functions incident to the administration or operation of this Ordinance.

3. In those sections, including, but not necessarily limited to sections referring to the exterior boundaries of the State of California, where the result of the substitution would be to:
a. Provide an exemption from this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not otherwise be exempt from this tax while such sales, storage, use or other consumption remain subject to tax by the State under the provisions of Part 1 of Division 2 of the Revenue and Taxation Code, or;
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4 b. Impose this tax with respect to certain sales, storage, use or other consumption of tangible personal property which would not be subject to tax by the state under the said provision of that code.

4. In Sections 6701, 6702 (except in the last sentence thereof), 6711, 6715, 6737, 6797 or 6828 of the Revenue and Taxation Code.

B. The word "City" shall be substituted for the word "State" in the phrase "retailer engaged in business in this State" in Section 6203 and in the definition of that phrase in Section 6203.

1. “A retailer engaged in business in the District” shall also include any retailer that, in the preceding calendar year or the current calendar year, has total combined sales of tangible personal property in this state or for delivery in the State by the retailer and all persons related to the retailer that exceeds five hundred thousand dollars ($500,000).

For purposes of this section, a person is related to another person if both persons are related to each other pursuant to Section 267(b) of Title 26 of the United States Code and the regulations thereunder.

Section 3.36.100 Permit not Required. If a seller's permit has been issued to a retailer under Section 6067 of the Revenue and Taxation Code, an additional transactor's permit shall not be required by this ordinance.

Section 3.36.110 Exemptions and Exclusions.

A. There shall be excluded from the measure of the transactions tax and the use tax the amount of any sales tax or use tax imposed by the State of California or by any city, city and county, or county pursuant to the Bradley-Burns Uniform Local Sales and Use Tax Law or the amount of any state-administered transactions or use tax.

B. There are exempted from the computation of the amount of transactions tax the gross receipts from:

1. Sales of tangible personal property, other than fuel or petroleum products, to operators of aircraft to be used or consumed principally outside the county in which the sale is made and directly and exclusively in the use of such aircraft as common carriers of persons or property under the authority of the laws of this State, the United States, or any foreign government.

2. Sales of property to be used outside the City which is shipped to a point outside the City, pursuant to the contract of sale, by delivery to such point by the retailer or his agent, or by delivery by the retailer to a carrier for shipment to a consignee at such point. For the purposes of this paragraph, delivery to a point outside the City shall be satisfied:
a. With respect to vehicles (other than commercial vehicles) subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, 112
5 aircraft licensed in compliance with Section 21411 of the Public Utilities Code, and undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code by registration to an out-of-City address and by a declaration under penalty of perjury, signed by the buyer, stating that such address is, in fact, his or her principal place of residence; and
b. With respect to commercial vehicles, by registration to a place of business outof-City and declaration under penalty of perjury, signed by the buyer, that the vehicle will be operated from that address.

3. The sale of tangible personal property if the seller is obligated to furnish the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

4. A lease of tangible personal property which is a continuing sale of such property, for any period of time for which the lessor is obligated to lease the property for an amount fixed by the lease prior to the operative date of this ordinance.

5. For the purposes of subparagraphs (3) and (4) of this section, the sale or lease of tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

C. There are exempted from the use tax imposed by this ordinance, the storage, use or other consumption in this City of tangible personal property:

1. The gross receipts from the sale of which have been subject to a transactions tax under any state-administered transactions and use tax ordinance.

2. Other than fuel or petroleum products purchased by operators of aircraft and used or consumed by such operators directly and exclusively in the use of such aircraft as common carriers of persons or property for hire or compensation under a certificate of public convenience and necessity issued pursuant to the laws of this State, the United States, or any foreign government. This exemption is in addition to the exemptions provided in Sections 6366 and 6366.1 of the Revenue and Taxation Code of the State of California.

3. If the purchaser is obligated to purchase the property for a fixed price pursuant to a contract entered into prior to the operative date of this ordinance.

4. If the possession of, or the exercise of any right or power over, the tangible personal property arises under a lease which is a continuing purchase of such property for any period of time for which the lessee is obligated to lease the property for an amount fixed by a lease prior to the operative date of this ordinance. 113
6 5. For the purposes of subparagraphs (3) and (4) of this section, storage, use, or other consumption, or possession of, or exercise of any right or power over, tangible personal property shall be deemed not to be obligated pursuant to a contract or lease for any period of time for which any party to the contract or lease has the unconditional right to terminate the contract or lease upon notice, whether or not such right is exercised.

6. Except as provided in subparagraph (7), a retailer engaged in business in the City shall not be required to collect use tax from the purchaser of tangible personal property, unless the retailer ships or delivers the property into the City or participates within the City in making the sale of the property, including, but not limited to, soliciting or receiving the order, either directly or indirectly, at a place of business of the retailer in the City or through any representative, agent, canvasser, solicitor, subsidiary, or person in the City under the authority of the retailer.

7. "A retailer engaged in business in the City" shall also include any retailer of any of the following: vehicles subject to registration pursuant to Chapter 1 (commencing with Section 4000) of Division 3 of the Vehicle Code, aircraft licensed in compliance with Section 21411 of the Public Utilities Code, or undocumented vessels registered under Division 3.5 (commencing with Section 9840) of the Vehicle Code. That retailer shall be required to collect use tax from any purchaser who registers or licenses the vehicle, vessel, or aircraft at an address in the City.

D. Any person subject to use tax under this ordinance may credit against that tax any transactions tax or reimbursement for transactions tax paid to a district imposing, or retailer liable for a transactions tax pursuant to Part 1.6 of Division 2 of the Revenue and Taxation Code with respect to the sale to the person of the property the storage, use or other consumption of which is subject to the use tax.

Section 3.36.120 Amendments. All amendments subsequent to the effective date of this ordinance to Part 1 of Division 2 of the Revenue and Taxation Code relating to sales and use taxes and which are not inconsistent with Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, and all amendments to Part 1.6 and Part 1.7 of Division 2 of the Revenue and Taxation Code, shall automatically become a part of this ordinance, provided however, that no such amendment shall operate so as to affect the rate of tax imposed by this ordinance.

Section 3.36.130 Enjoining Collection Prohibited. No injunction or writ of mandate or other legal or equitable process shall issue in any suit, action or proceeding in any court against the State or the City, or against any officer of the State or the City, to prevent or enjoin the collection under this ordinance, or Part 1.6 of Division 2 of the Revenue and Taxation Code, of any tax or any amount of tax required to be collected.

Section 3.36.140 Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.
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7 Section 3.36.150 Effective Date. This ordinance relates to the levying and collecting of the City transactions and use taxes and shall take effect immediately if the tax is imposed by a simple majority of the voters voting on the question at the November 8, 2022 election.

Section 3.36.160 Annual Audit, Committee. Annually the City Council retains an independent auditor to conduct an audit of and provide audited financial statements for all of the City’s financial activities. The auditor shall include an accounting of the revenue received from the tax in the audited financial statements. The auditor’s report shall be presented to the Council and made available to the public.

SECTION 3. REPEAL OF EXISTING GENERAL PURPOSE TRANSACTIONS AND USE TAX. The existing one percent General Purpose Transaction and Use Tax will not be repealed by this ordinance unless this Ordinance is approved by a simple majority of the affirmative votes of the qualified voters of Sand City at the election to be held on November 8, 2022. If this ordinance is approved by a simple majority of the affirmative votes of the qualified voters of Sand City at the election to be held November 8, 2022, the existing one percent General Purpose Transaction and Use Tax will be repealed effective on the Operative Date set forth in SECTION 2 (Section 3.36.020) of this Ordinance.

SECTION 4. CEQA DETERMINATION. This General Purpose Transactions and Use Tax to be submitted to the voters is a general tax that can be used for any legitimate governmental purpose, the revenues from which are not committed to any particular action. As such, under CEQA Guidelines 15378(b)(4) and 15060(c)(2) & (3) the tax is not a project within the meaning of CEQA because it creates a governmental funding mechanism that does not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. (Public Resources Code Sections 21000 et seq, “CEQA”, and 14 Cal. Code Reg. Sections 15000 et seq, “CEQA Guidelines”). If revenue from the tax were used for a purpose that would have such effect, the City would undertake the required CEQA review for that particular project.

Therefore, under CEQA Guidelines 15060, review of this ordinance under CEQA is not required.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Sand City held on this ___day of____, 2022 by the following vote:

AYES: Council Members
NOES:

ABSENT:

ABSTAIN:

APPROVED:
____________________________________
Mary Ann Carbone, Mayor
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8 ATTEST:
______________________________
Connie Horca, City Clerk
APPROVED by the following vote of the people on November 8, 2022:

Yes: ___ No: ___
____________________________________
Connie Horca, City Clerk
5115280.3
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AGENDA ITEM
9B.

Consideration of Re-Establishing "Party
Committee" on Appointments List
117

AGENDA ITEM
9C.

Comments by Council Members on Items
of Interest to Sand City
118

AGENDA ITEM
9D.

Upcoming Meetings/Events
119

AGENDA ITEM
10A.

City Council/ Successor Agency Board to
adjourn to Closed Session regarding:1)
Conference with labor negotiator
pursuant to Government Code
section54957.6Agency designated
representative: Vibeke Norgaard, City
ManagerEmployees: Sand City Police
Officers Association
120

AGENDA ITEM
10B.

Re-adjourn to Open Session to report any
action taken at the conclusion of Closed
Session in accordance with 54957.1 of the
Ralph M. Brown Act
121