REGULAR MEETING
JOINT SAND CITY COUNCIL AND
SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY
TUESDAY, JULY 19, 2022
5:30 PM
1 1. ROLL CALL
AGENDA
JOINT SAND CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
Regular Meeting - Tuesday, July 19, 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:
https://us02web.zoom.us/j/4614728829
Meeting ID: 461 472 8829
To participate telephonically by calling the number below:
(669) 900-6833
Meeting ID: 461 472 8829#
If prompted to enter a participant ID, press #
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. 2 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 June 21, 2022 Regular Meeting Minutes
6.21.22 Council Meeting Minutes.pdf
6B. Approval of City RESOLUTION Authorizing Renewal of a Maintenance Services Agreement with HOPE Rehabilitation Services for FY 2022-2023 Staff Report Renewal of Hope Rehabilitation Services.pdf Resolution.HOPE FY 22-23 contract.pdf
6C. Approval of City RESOLUTION Authorizing the Extension of Remote Teleconference Meeting of the City Council and Boards, Commission, and Committee for the Period of July 20, 2022 through August 18, 2022 pursuant to AB 361 and Ralph M. Brown Act Provisions
Resolution. Authorizing the Extension of Remote Teleconference Meetings.pdf
7. CONSIDERATION OF ITEMS PULLED FROM CONSENT CALENDAR
8. PUBLIC HEARING
8A. Consideration of FIRST READING of City ORDINANCE Amending Title 5 of the Sand City Municipal Code by Adding Chapter 20 "Standards, Procedures, and Fees for Short Term Rentals of Properties in Sand City" Staff Report. Short Term Rentals Ordinance.pdf
Exhibit A.Staff Report. JULY 5, 2022 Council Meeting.2nd Reading Ordinance.
Short Term Rental.pdf
Exhibit B. Ordinance Amending Title 5 of the Sand City Municipal Code by Adding Chapter 20. Standards, Procedures, and Fees for Short Term Rentals of Properties in Sand City.pdf
3 9. NEW BUSINESS
9A. Consideration of City RESOLUTION Approving the City Manager to Sign and Record the Deed Restriction as Required by the State of California Department of Parks and Recreation Per Capita Grant Program
Staff Report and Resolution Authorizing the City Manager to Sign and Record the Deed Restrictions.pdf
Exhibits A.B.C for Deed Restriction. staff report.pdf
9B. Consideration of City RESOLUTION Authorizing the City Manager to Accept the Grant of a Conservation Easement Agreement for the Habitat in the South of Tioga Project
Staff Report. Accepting Grant of Conservation Easement.pdf Resolution. Authorizing the City Manager to Accept the Grant of Conservation Easement.pdf
Attachment 1. Conservation Easement Deed.pdf
9C. Consideration of City RESOLUTION Authorizing the City Manager to Accept the Grant of an Access Easement to the Habitat in the South of Tioga Project Staff Report. Accepting Grant of Easement for Access to Habitat.pdf Resolution. Authorizing the City Manager to Accept the Grant of an Access Easement.pdf
Attachment 1.Access Easement Agreement.pdf
9D. Review and Approval of "Argument in Favor of Ballot Measure" Memo. Proposed Ballot Measure.pdf
Argument in Favor of Ballot Measure.pdf
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 services, which will allow you to participate in a Sand City public meeting, please call the City Clerk at (831) 394-3054 extension 220, or give your written request to the City Clerk at 1 Pendergrass Way, Sand City, CA 93955 at least 48 hours prior to the scheduled meeting to allow the City Clerk time to arrange for the requested modification or accommodation.
4 5
AGENDA ITEM
6A.
Approval of June 21, 2022 Regular
Meeting Minutes
6 Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 06.21.22 Regular Meeting
MINUTES
JOINT SAND CITY COUNCIL AND SUCCESSOR
AGENCY OF THE REDEVELOPMENT AGENCY
Regular Meeting - Tuesday, June 21, 2022
5:30 PM
As allowed per Assembly Bill (AB361), this meeting was conducted in person and by teleconference
Mayor Carbone called the meeting to order at 5:30 p.m.
AGENDA ITEM 1, ROLL CALL
Present: Mayor Mary Ann Carbone
Council Member Blackwelder
Councilmember Cruz (virtual attendance)
Councilmember Hawthorne (virtual attendance)
Councilmember Sofer
Staff: Vibeke Norgaard, City Manager
Connie Horca, City Clerk
Adam Lindgren, Interim City Attorney (virtual attendance) Chuck Pooler, City Planner (virtual attendance)
AGENDA ITEM 2, PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Blackwelder.
AGENDA ITEM 3, INVOCATION
The invocation was led by Reverend Robert Hellam.
AGENDA ITEM 4, ANNOUNCEMENT BY MAYOR, CITY ATTORNEY & CITY MANAGER Mayor Carbone announced that she will condense her Mayor’s report. She also reported on a Monterey County Tax Relief, her appointments as Chair of the Community Human Services Board and Vice Chair to the Monterey-Salinas Transit Board, and donation of a building that will house a 24-bed shelter.
City Manager Norgaard reported on the Arts Committee meeting, muralist contracts, and submittal of a letter to AMBAG regarding the RHNA allocations.
There were no announcements from the Interim City Attorney.
AGENDA ITEM 5, COMMUNICATIONS
7 Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 06.21.22 Regular Meeting
5:45 P.M. Floor opened for Public Comment.
Sand City resident Michele Adams inquired about marijuana dispensaries, when the item will be heard by the Council, and commented that she can wait until the item is on the agenda prior to making a comment.
5:47 P.M. Floor closed to Public Comment.
AGENDA ITEM 6, CONSENT CALENDAR
6A. There was no discussion of the May 17, 2022 Council Meeting Minutes. 6B. There was no discussion of the City/Successor Agency Monthly Financial Report, May 2022.
6C. There was no discussion of the City Resolution authorizing Renewal of Sheltering Agreement with the Society for the Prevention of Cruelty to Animals for Monterey County (SPCA).
6D. There was no discussion of the Status Report on Greenwaste Recovery Franchise Rate Review.
6E. There was no discussion of the City Resolution adopting a List of Projects for Fiscal Year 2022-23 Funded by SB1: The Road Repair and Accountability Act of 2017.
5:48 P.M. Floor opened for Public Comment.
There were no comments from the Public in person, via writing or through telecommunications.
5:48 P.M. Floor closed to Public Comment.
Motion to approve the Consent Calendar items was made by Council Member Blackwelder, seconded by Council Member Sofer. Roll call Vote AYES: Council Members Blackwelder, Carbone, Cruz, Hawthorne, Sofer. NOES: None. ABSENT: None. ABSTAIN: None. Motion carried.
AGENDA ITEM 7, CONSIDERATION OF ITEMS PULLED FROM CONSENT CALENDAR There were no items pulled from the Consent Calendar.
AGENDA ITEM 8, PRESENTATION
8A. Presentation by the City Engineer, Leon Gomez of Harris & Associates on Pavement Management Implementation
8 Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 06.21.22 Regular Meeting
City Engineer Leon Gomez provided the history of the City’s Pavement Management Program (PMP) that began in 2018 and performed by NCE. The survey consisted of pavement data that was collected to determine the condition of the entire pavement network of the City along with network replacement costs as well as the determination of pavement conditions using a Pavement Condition Index (PCI), an index that measures the street conditions between very poor, poor, fair, good & very good. Mr.
Gomez noted that when considering an approach to pavement management, research indicates that a more cost-effective way is to maintain streets in good condition over time, rather than repair streets that have failed. He presented several options such as microsurfacing, thin overlays, and FDR with Overlays, as well as their approximate costs over a 5-year period. He noted that the City’s current PMP was updated by Harris & Associates in June 2022 and provided recommendations to maintain the City’s roadway assets such as establishing a planning period of 5 to 10 years, creation of an annual budget to meet the plan, establish priorities based on recommendations contained in the 2019 PMP, update the City’s Capital Improvement Plan, develop construction documents for bidding, and begin implementation. 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.
There was Council discussion regarding hosting a CIP workshop, a proposal with a 5–10 year plan, contacting the City of Seaside to assist with rehabilitation of the street fronting Sweet Elena’s Bakery, a Town Hall meeting, and possibility of GraniteRock contributing to street rehabilitation of the location in front of their business.
6:12 P.M. The Mayor opened the floor for public comment, and seeing none, closed the floor for public comment.
The Mayor thanked Mr. Gomez for the update.
AGENDA ITEM 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 9 Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 06.21.22 Regular Meeting
City Manager Norgaard reported that the Transactions and Use Tax Ordinance was prepared by the City Attorney, and would raise the TUT by 1.5% if approved by a majority of the voters. She reported that the current rate is presently 8.75% and the proposed Ordinance would increase the rate to 9.25%, which is the current rate set by all the surrounding Peninsula cities. If passed, revenues received would go into the general fund and can be used for streets, sidewalks, trail and beach improvements and development of affordable housing.
Interim City Attorney Lindgren thanked the City Clerk for coordination of efforts with the Monterey County Elections Department, the importance of, and submission of the items to the Elections Department in a timely manner. He also reported on the legalities of Council advocacy on behalf of the measure, laws regarding the use of public resources, and emphasized the resolution’s purpose of the placement of the measure on the ballot, as well as the dates for submissions of the items.
City Manager Norgaard responded to the Mayor’s inquiries regarding whether a maximum cap can be placed for an increase of a TUT.
Council Member Blackwelder suggested ideas to inform residents such as creation of a leaflet.
Council Member Hawthorne commented on the need to come up with a plan to show residents that funds would go towards road improvements.
Interim City Attorney Lindgren reiterated the importance of not using words for advocacy regarding the measure, and suggested that Staff work on a capital investment plan.
6:34 P.M. Floor opened for Public Comment.
There were no comments from the Public in person, via writing or through telecommunications.
6:34 P.M. Floor closed to Public Comment.
Motion to approve the 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 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.
10 Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 06.21.22 Regular Meeting
Motion to waive reading in full and introduce by title only of the 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 was made by Council Member Hawthorne, 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 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 was made by Council Member Sofer, seconded by Council Member Hawthorne. Roll Call Vote AYES: Council Members Blackwelder, Carbone, Cruz, Hawthorne, Sofer. NOES:
None. ABSENT: None. ABSTAIN: None. Motion carried.
9B. Consideration of Re-Establishing "Party Committee" on Appointments List City Manager Norgaard reported that Council Member Hawthorne requested to be placed on the committee that would plan and execute city events such as the awards banquet, and city barbeque. The committee would be established as the Party Committee on the Appointments list.
Council Member Hawthorne added that staff and council can work collaboratively to ensure top-notch and well-planned events.
6:41 P.M. The Mayor opened the floor for public comment and seeing none, closed the floor for public comment.
The Mayor directed Staff to add Council Member Hawthorne to the appointments list. 9C. Comments by Council Members on Items of Interest to Sand City Council Member Sofer commented on the Arts Gala that she missed and hopes to attend next year.
Council Member Hawthorne reported on the we.mural festival and applications submitted by 25 local artists.
Council Member Blackwelder reported on his attendance at the Waste Management meeting, their recycling and reselling efforts, and provided an update on the Seaside County Sanitation District sewer lines.
Council Member Blackwelder mentioned that at the last council meeting, a name for the Park Easement was chosen, and it was noted that the name may have a racial undertone. He motioned to add an item to the July 5th Council agenda to rescind the prior decision at the June 7, 2022 Council meeting to name the park, and amend the 11 Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 06.21.22 Regular Meeting
name to a name to be decided. Motion to reconsider the prior resolution and place on the July 5, 2022 Agenda was made by Council Member Hawthorne, seconded by Council Member Sofer. There was consensus of the Council to add the naming of the park to the July 5, 2022 Council meeting agenda.
9D. Upcoming Meetings/Events
Mayor Carbone announced the upcoming Monterey-Salinas Transit conference.
AGENDA ITEM 10, CLOSED SESSION
6:51 P.M. The Mayor opened the floor for public comment and seeing none, closed the floor for public comment.
6:52 p.m.
10A. The City Council/ Successor Agency Board adjourned 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
7:55 p.m.
10B. The City Council/ Successor Agency Board re-adjourned 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
The Council received updates, provided direction to legal counsel, and took no other reportable action.
AGENDA ITEM 11, ADJOURNMENT
There was consensus of the Council to adjourn the meeting at 7:56 p.m. to the next regularly scheduled Council meeting on July 5, 2022 at 5:30 p.m. _______________________________
Connie Horca, City Clerk
12 AGENDA ITEM
6B.
Approval of City RESOLUTION Authorizing
Renewal of a Maintenance Services
Agreement with HOPE Rehabilitation
Services for FY 2022-2023
13 City of Sand City
Staff Report
TO: Honorable Mayor and City Council Members
FROM: Connie Horca, City Clerk
DATE: July 6, 2022 (For July 19, 2022 Council meeting)
SUBJECT: Consideration of Renewal of HOPE Rehabilitation Services annual contract
______________________________________________________________________ Discussion:
Since 1998, the City of Sand City had previously entered into an agreement with HOPE Rehabilitation Services Gateway Industries beginning with (Resolution SC 98-56) to develop a partnership between the City and this non-profit organization for general maintenance services within City limits. The City and HOPE Rehabilitation Services have been pleased with the arrangements, and have agreed to renew this unique and mutually beneficial relationship for FY 2022-2023 as indicated by Attachment A. HOPE Rehabilitation Services will continue to provide State Compensation Insurance for the crew and supervisor while garbage bags, safety vests, and trash pickup devices would be provided or reimbursed by Sand City.
CEQA: This action does not constitute a "project" as defined by the California Environmental Quality Act (CEQA) guidelines section 15378.
Fiscal Impact:
The cost for services from July 2022 through June 2023 will increase to $21.00 per hour, per worker and one supervisor for a subtotal of $4,096 per month. The total annual cost of the contract will be $49,152 for FY 2022-2023 (Public Works Account 5845-11).
Recommendation:
Staff recommends approval of the attached scope of work and services to be provided by HOPE Rehabilitation Services.
14 ATTACHMENT A
CITY OF SAND CITY
RESOLUTION SC 22- , 2022
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAND CITY
AUTHORIZING RENEWAL OF A MAINTENANCE SERVICES AGREEMENT WITH HOPE REHABILITATION SERVICES FOR FY 2022-2023
WHEREAS, Sand City has previously entered into an agreement with HOPE Rehabilitation Services Gateway Industries (Resolution SC 98-56) to develop a partnership between the City and this non-profit organization for general maintenance services within the City limits; and WHEREAS, the City and HOPE Rehabilitation Services have been pleased with the arrangements and have agreed to renew this unique, mutually beneficial relationship for FY 2022- 2023 as indicated by Attachment A; and
WHEREAS, the functions HOPE Rehabilitation will perform are general maintenance services, including trash removal, weeding, planting, and light maintenance jobs on an as-needed basis and other special events, as specified by the Sand City Public Works Supervisor; and WHEREAS, the cost for services from July 1, 2022 through June 30, 2023 will be $21.00 per hour or $63.00 per worker and one supervisor (3.25 hrs/day, 5 days/wk) for a subtotal of $1,024.00 per work week, with an annual cost of $49,152 for a twelve-month period; and WHEREAS, HOPE Rehabilitation Services will continue to provide State Compensation Insurance for the crew and supervisor while garbage bags, safety vests, and trash pickup devices would be provided or reimbursed by Sand City.
NOW, THEREFORE, BE IT RESOLVED that the Sand City Council does hereby approve the following:
1. The attached Agreement is hereby accepted and renewed for an annual cost not to exceed $49,152 for FY 2022-2023.
2. The City Manager is directed and authorized to execute the attached agreement and contract renewal for this program with HOPE Rehabilitation Services for one year, expiring June 30, 2023.
PASSED AND ADOPTED by the Sand City Council on this 19th, day of July, 2022, by the following vote:
AYES: Council Members
NOES:
ABSENT:
ABSTAIN:
APPROVED:
______________________________
Mary Ann Carbone, Mayor
ATTEST:
_____________________________
Connie Horca, City Clerk
15 1
Hope Services
Contingent Staffing Service Agreement
Hope Contacts
Accounts Receivable: Dixie Lim, [email protected] 30 Las Colinas Lane, San José, CA 95119 Hope Primary Contact for Project Program Manger
Name: Greg Dinsmore Name: Greg Dinsmore
Phone: 831-758-0973 Phone: 831-758-0973
Cell: 831-901-4103 Cell: 831-901-4103
E-Mail: [email protected] E-Mail: [email protected] Part 1 - Company Identification
Company: City of Sand City- Public Works Address: 1 Pendergrass way Primary Contact: City: Sand City
Name: Connie Horca Zip: 93955
Phone: (831) 394-3054
Cell:
E-Mail: [email protected]
Part 2 - Work Dates, Hours and Billing Rate
This agreement is for (check one): One or more individuals Group with Hope Supervisor The work is (check one): Temporary Long term as agreed
Start Date: 7/01/2022 Contract Review Date: 6/30/2023 (or per change in local minimum wage.) Work Hours: 8:45am – 12:00pm Work Days: Monday thru Friday # of Workers: 3 client workers accompanied by 1 Hope Supervisor
Billing Rate: $63 per hour ($21/hour per worker) Any hours over 8 in a day or 40 in a week will be billed at 1 ½ times
Holidays: The following days are holidays that Hope observes and shall not be obligated to perform services.
Independence Day 7/4/22 Christmas Holiday 12/26/22
Labor Day 9/5/22 New Year’s Day 1/02/23
Thanksgiving Day 11/24/22 Martin Luther King Day 1/16/23 Day after Thanksgiving 11/25/22 Presidents’ Day 2/20/23 Christmas Eve 12/23/22 Memorial Day 5/29/23
Part 3 - Specific Job Duties
General maintenance services within the City limits to be agreed upon by City liaison and Hope manager.
Duties can include:
• Trash removal
• Weeding
• Planting
• Light maintenance
Other, similar tasks as agreed upon by management, the worker and/or the Hope Supervisor Part 4 - To Be Provided By
Hope and the Company will provide supplies and services as follows:
Company Hope
Materials needed for duties upon approval of Training support 16 Hope Staffing Agreement
2 purchase by Public Works Maintenance Supervisor.
Payroll burden incl. benefits, insurance, payroll administration Other disability related training and consulting
Qualified workers, Uniforms
Hope Supervisor who will remain with work crew at all times.
Proof of Workers Compensation Insurance and list the City of Sand City as an additionally insured entity on Hope’s general liability policy.
Part 5 - Additional Supplies/Costs (if any) Will be Paid For or Provided By: City of Sand City Hope will prepare a list of needed supplies/materials and present to the Public Works Maintenance Supervisor. Upon approval the City will purchase and provide, or reimburse Hope for expenses.
Part 6 - Payroll and Billing
Hope pay periods are the 1st – 15th and 16th to the last day of each month. The worker(s) is responsible for reporting hours worked to Hope by fax or e-mail using the form provided by Hope and will submit hours to Hope weekly and/or by the 15th and last day of each month. In accordance with Department of Labor standards, overtime will be calculated at one and one half times the regular rate for any hours over 8 in one day and also for any hours worked over 40 in one week.
Hope will bill Company on the 15th and the last day of each month. Invoices are due and payable on receipt. Payment in full for invoices shall be made to Hope within thirty (30) days from invoice date. Invoices that are more than seven (7) days past due are subject to a late charge of one percent (1 %) per month on the amount of the past due balance. Late charges shall be calculated using the U.S. Method, therefore interest will not be compounded on the past due balance. If the Client's account is past due and Hope has notified Client verbally or in writing of the past due balance, Hope may, upon 30 days’ notice, immediately cease providing any and all further Services without any liability to Client for interruption of pending work.
Implementation of this agreement is contingent on signing of this agreement by both the Company and Hope representatives.
Part 7 - Confidentiality
By signing this contract, you agree in accordance with California Welfare and Institutions Code Sections 5328 through 5330, to regard as confidential all information received directly or indirectly concerning any Hope client employed by you.
Confidentiality extends to photos and you agree to request a written photo release for any photos displayed showing any Hope client.
Hope agrees that Hope staff will not disclose confidential business information to any party regarding the Company’s practices, products or procedures.
Part 8 - Labor Law and Accommodations
All State and Federal Labor laws apply to all employees covered by this contract. On request, Hope will provide consultation relating to disability-related issues, application of labor law to employees with disabilities, and on accommodating persons with disabilities in the workplace.
Part 9 - Liability and Worker’s Compensation Coverage
Hope assumes liability for clients and staff and is insured by the Cyprus Insurance Company Policy # HOWC012759.
Certificates of insurance are available upon request. In the event of an emergency or life threatening injury, please call 17 Hope Staffing Agreement
3 the local emergency services to provide care for any staff provided by Hope. Follow up by informing your Hope representatives as soon as possible. In the case of non-life threatening injury or illness, please contact your Hope representatives as soon as you become aware of the incident.
Part 10 - Approval (required for implementation)
When signed, this agreement will be held valid for a minimum of 90 days (unless temporary as noted in Part 2 above); either party may request renegotiation of the agreement with a 30-day notice.
Company or Representative Date Hope CE Manager Date
18 AGENDA ITEM
6C.
Approval of City RESOLUTION Authorizing
the Extension of Remote Teleconference
Meeting of the City Council and Boards,
Commission, and Committee for the
Period of July 20, 2022 through August 18,
2022 pursuant to AB 361 and Ralph M.
Brown Act Provisions
19 CITY OF SAND CITY
RESOLUTION SC 22- ___, 2022
RESOLUTION OF THE CITY COUNCIL OF SAND CITY
AUTHORIZING THE EXTENSION OF REMOTE TELECONFERENCE MEETINGS OF
THE CITY COUNCIL AND BOARDS, COMMISSIONS, AND COMMITTEES FOR THE PERIOD OF JULY 20, 2022 THROUGH AUGUST 18, 2022 PURSUANT TO AB 361 AND RALPH M. BROWN ACT PROVISIONS
WHEREAS, the City of Sand City (“the City”) is committed to preserving and nurturing public access and participation in meetings of the City Council and boards, commissions, and committees (collectively, “legislative bodies”); and WHEREAS, all meetings of the City’s legislative bodies are open and public, as required by Government Code sections 54950-54963 (the “Ralph M. Brown Act”) so that any member of the public may attend public meetings, watch the City’s legislative bodies conduct their public business, and participate by directly addressing the legislative bodies; and
WHEREAS, pursuant to Governor Newsom’s signing of Assembly Bill 361 (“AB 361”) on September 16, 2021, Government Code section 54953(e) provides for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, AB 361 applies to meetings during a proclaimed state of emergency and when state or local officials have imposed or recommended measures to promote social distancing; and
WHEREAS, a state of emergency exists in California as a result of the threat of COVID19 as proclaimed by Governor Newsom on March 4, 2020, and the state of emergency has not been terminated pursuant to Government Code section 8629; and WHEREAS, the California Department of Public Health (“CDPH”) and the federal Centers for Disease Control and Prevention (“CDC”) caution that the Delta variant of COVID-19, currently the dominant strain of COVID-19 in the country, is more transmissible than prior variants of the virus, may cause more severe illness, and that even fully vaccinated individuals can spread the virus to others resulting in rapid and alarming rates of COVID-19 cases and hospitalizations; and WHEREAS, other variants of COVID-19 exist, and it is unknown at this time whether other variants may result in a new surge in COVID-19 cases; and WHEREAS, the CDC has established a “Community Transmission” metric with four tiers designed to reflect a community’s COVID-19 case rate and percent positivity, and 20 Sand City Resolution SC 22-__, 2022
community transmission in Monterey County, as of January 31, 2022, is ranked as “high” (the most serious level) based on data collected by the CDC; and WHEREAS, due to the severity of the current pandemic situation, the CDPH has required that all unvaccinated persons wear facial coverings indoors, and the CDC and CDPH recommend that all persons, regardless of vaccination status, wear facial coverings indoors; and
WHEREAS, due to the severity of the current pandemic situation in the County of Monterey, the Monterey County Health Department issued, on September 22, 2021, a recommendation to local legislative bodies recommending physical and social distancing strategies, including the use of remotely attended public meetings; and WHEREAS, the City Council has an important governmental interest in protecting the health, safety and welfare of those who participate in meetings of the City’s legislative bodies subject to the Brown Act; and
WHEREAS, the City Council does hereby confirm the circumstances of the state of emergency and finds that meeting in person for meetings of the legislative bodies of the City would present imminent risks to the health or safety of attendees, and therefore that the legislative bodies of the City may conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such legislative bodies shall comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of Section 54953; and
WHEREAS, in order to ensure that the public has full access to observe and participate in the public meetings of its legislative bodies, the City provides free internet-based public meeting attendance options, allowing members of the public to address the City’s legislative bodies directly in real time; and
WHEREAS, the City determined that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA)(CCR, Title 14, Chapter 3 (CEQA Guidelines), Article 20, Section 15378).
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sand City as follows:
SECTION 1. The recitals set forth above are true and correct and are adopted by the City Council as findings in support of this Resolution.
SECTION 2. The City Manager, City Attorney, staff, and legislative bodies of the City are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution, including conducting open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.
21 Sand City Resolution SC 22-__, 2022
SECTION 3. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) August 20, 2022, or (ii) such time as the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the legislative bodies of the City of Sand City may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.
PASSED AND ADOPTED by the City Council of Sand City on this 19th, day of July, 2022, by the following vote:
AYES: Council Members
NOES:
ABSENT:
ABSTAIN:
APPROVED:
___________________________
ATTEST: Mary Ann Carbone, Mayor
__________________________
Connie Horca, City Clerk
22 AGENDA ITEM
8A.
Consideration of FIRST READING of City
ORDINANCE Amending Title 5 of the Sand
City Municipal Code by Adding Chapter 20
"Standards, Procedures, and Fees for
Short Term Rentals of Properties in Sand
City"
23 City of Sand City
Staff Report
TO: Honorable Mayor and City Council Members
FROM: Vibeke Norgaard, City Manager;
Adam Lindgren, City Attorney
DATE: July 15, 2022 (Meeting date: July 19, 2022)
SUBJECT: Short-Term Rentals Ordinance
Background:
On July 5, 2022, Council considered an amendment to the Sand City Municipal Code adding a Chapter 5.20 to regulate the use of Short Term rentals. The staff report for that agenda item is attached hereto as Exhibit A .
Staff subsequently discovered that a piece of legislation necessary to fully adopt the ordinance had not been included in the agenda packet.
Staff and the City Attorney’s office are therefore requesting re-adoption of the ordinance and will bring back the resolution in August for readoption to correct an accidental but important processing error.
This item is: (1) A motion to waive reading in full and read by title only; (2) a motion to approve the ordinance for first reading.
Exhibits/Attachment:
A: Staff report from July 5, 2022
B: Ordinance
Agenda
Item
8A
24 City of
Sand City
Staff Report
TO: Honorable Mayor and City Council Members
FROM: Vibeke Norgaard, City Manager; Adam Lindgren, City Attorney DATE: June 30, 2022 (Meeting date: July 5, 2022)
SUBJECT: Short-Term Rentals Ordinance
_________________________________________________________________ Background:
At its May 9, 2022 council meeting, the City Council considered and conducted a first reading of a Short-term Rental ordinance in order to adopt a permit process to regulate Short Term Rentals operating in the City (“Ordinance”). The Ordinance is attached to this Staff Report as EXHIBIT A.
On July 7, 2022, the Ordinance is before the Council to consider for adoption.
The Ordinance:
The Ordinance regulates short term rentals of privately owned residential dwellings rented for occupancy for thirty consecutive days or less (“STRs”).
Short-term rentals include hosted and un-hosted rentals.
The provisions of the Ordinance include the following:
• That the STR not adversely affect the residential character of the neighborhood (e.g., by generating noise, odors, illegal parking). • That the STR not be occupied by more than two occupants per bedroom plus a total of two additional Occupants.
• It prohibits group gatherings in excess of the occupancy limit of the dwelling.
• It prohibits signs on the exterior of the property advertising the ShortTerm Rental use. • Requires the STR is in a property approved for residential use (no trailers, yurts etc.), that bathroom facilities be accessible to the occupants and that sufficient parking be provided (one space for every two occupants over 16).
• Provides that no STR may occur in an affordable housing unit and/or workforce housing unit.
• Requires that a Short-Term Rental Site Manager be appointed and on Agenda
Item
8D
EXHIBIT A
25 call 24/7 when rented out to address concerns.
• Requires that transient Occupancy tax (TOT) be collected by the host and remitted to City.
• Requires that the Host indemnify and hold the City harmless. • Established that STR permits will be in the name of the Owner of the real property and will be non-transferable.
• Establishes that the City will inspect all STR properties before issuing a permit.
• Establishes that the Council will set a cap on number of STRs in the City by resolution.
• Establishes a Short-Term Rental Permit Waitlist; applications received will be placed in order received.
• Establishes a priority on the waitlist for STRs operating within one year prior to March 1, 2022 – such STRS have sixty days from the effective date of the Ordinance to submit an application and will be required to pay 6 months of TOT.
• Permits expire one year after issuance and must be renewed annually before expiration.
• Allows for revocation under certain circumstances, including violations of the City Municipal Code; charges for criminal activity filed by the Monterey County District Attorney against an occupant; or the failure to timely respond to two complaints.
• Establishes procedures for a hearing when a person is denied a ShortTerm Rental Permit, or has had a permit revoked (section 5.20.100). • Allows the City Council to establish fees and charges to effectuate the purpose of the Ordinance.
CEQA:
The action to consider the Ordinance Amending the Sand City Municipal Code to Add Chapter 5.20 – Short-Term Rentals - is exempt from the California Environmental Quality Act (“CEQA”) under the general rule under Guidelines Section 15061(b)(3) because CEQA only applies to projects that have the potential for causing a significant effect on the environment and the Ordinance does not involve a commitment to any specific project that may cause a potentially significant physical effect on the environment.
Fiscal Impact:
No negative fiscal impact is expected, other than the time necessary for staff to prepare this report, and the administrative costs associated with processing of Short-Term Rental Permit applications, and performing inspections. The application and inspection fees, as well as permit renewal fees are intended to offset these costs. The collection of transient occupancy tax (TOT) will provide a positive fiscal impact in an amount that is difficult to determine at this stage as it depends on the number of short-term rental permits that are issued and the number of nights the rentals are rented out and at what price.
26 Recommendation:
Staff recommends Council adopt the Ordinance attached to this staff report as Exhibit A
Exhibits/Attachment:
A: Ordinance
27 EXHIBIT B
CITY OF SAND CITY
ORDINANCE NO. __, 2022
AN ORDINANCE OF THE CITY OF SAND CITY AMENDING TITLE 5 OF THE SAND CITY MUNICIPAL CODE BY ADDING CHAPTER 20 “STANDARDS, PROCEDURES, AND FEES FOR SHORT TERM RENTALS OF PROPERTIES IN SAND CITY” WHEREAS, the City Council of the City of Sand City (“City”) is aware of an unknown number of residential properties in the City operating as Short-Term Rental units; and WHEREAS, many of the Short-Term Rental units do not currently collect Transient Occupancy Tax as required under the City’s Municipal Code; and WHEREAS, the City currently has no comprehensive regulation of Short-Term Rentals to ensure the operation and use are compliant with building codes and health and safety regulations; and
WHEREAS, Short-Term Rentals may adversely affect the residential character of the neighborhood, generate noise, vibration, glare, odors, excessive foot traffic, excessive or illegal parking, or other effects that unreasonably interfere with any person’s reasonable enjoyment of his or her residence; and
WHEREAS, the City Council finds and determines that regulating operations of ShortTerm Rentals in compliance with this Ordinance is a matter of City-wide importance and necessary for the preservation of the public peace, health, safety, and/or welfare of the community and is a valid exercise of the local police power and in accord with the public purposes and provisions of applicable State and local laws and requirements.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SAND CITY that the Sand City Municipal Code is hereby amended to add Chapter 5.20 “Standards, Procedures, and Fees for Short Term Rentals” in its entirety as follows:
Chapter 5.20 “Standards, Procedures, and Fees for Short Term Rentals “5.20.010 Purpose and Intent
This Chapter authorizes short-term rental use of a dwelling unit for remuneration for less than thirty (30) consecutive days and establishes short-term rental permit requirements and limitations. This Chapter also sets regulations to enforce these requirements and limitations and collection and payment of fees and transient occupancy tax (“TOT”). For purposes of this Chapter, a short-term rental is intended to meet the definition of “Hotel” found in Section
3.24.020 of the Sand City Municipal Code.
5.20.020 Prohibition of Transient Use
28 EXHIBIT B
The transient use or short-term rental of residential property by any owner, representative, responsible tenant, person acting as an agent, real estate broker, real estate sales agent, property manager, reservation service, or anyone who otherwise uses, arranges, or negotiates for the use of residential property for remuneration is prohibited, except as otherwise expressly permitted by this Chapter, and for which a short-term license is issued under this Chapter. The short-term rental of residential property without a license is a violation of this Chapter and enforced under Chapter 1.18 of the Sand City Municipal Code.
5.20.030 Definitions
“Advertising” means signs, circulars, cards, telephone books, newspapers, magazines, posters, email, mobile applications, television, radio, internet websites, social media, or any other representation implying or stating that a property is available for short-term rental use. “Affordable Housing unit” means any property qualifying for affordable housing cost under Health & Safety Code § 50052.5.
“City Manager” means the City Manager of the City of Sand City or his or her designee. “Host” means an owner or entity that rents out a Hosted rental to third parties for short-term rental use.
“Hosted rental” means a home-sharing activity whereby a portion of a primary residence is rented.
“Hosting platform” means a marketplace in whatever form or format that facilitates the shortterm rental activity through advertising, match-making, or any other means, using any medium of facilitation, and from which the operator of the hosting platform derives revenues, including booking fees or advertising revenues, from providing or maintaining the marketplace. “Occupant” means any person who is on or in a short-term rental property other than service providers or the Owner, whether or not the person stays overnight. “Owner” means the person(s) or entity(ies) that hold legal or equitable title to a dwelling. “Short-term rental” or “STR” means a privately owned residential dwelling, such as but not limited to a single-family detached or multiple family attached dwelling, apartment house, condominium, cooperative apartment, duplex, mobile home on permanent foundation, or a manufactured home on permanent foundation, or any portion of such dwellings, rented for occupancy for dwelling, lodging or sleeping purposes for any period of thirty (30) consecutive days or less. Short-term rentals include Hosted and Un-hosted rentals. “Short-term rental use” or “short-term occupancy” means the use, by any person, of residential property for transient lodging where the term of occupancy, possession, or tenancy of the 29 EXHIBIT B
property by the person entitled to such occupancy, possession, or tenancy is less than thirty (30) consecutive calendar days.
“Short-term Rental Permit” or “STR Permit” shall authorize the short-term rental use of an entire dwelling unit.
“Short-term Rental Permit Cap” or “Cap” means the maximum number of Short-Term Rental Permits allowed to be issued under this Chapter.
“Short-Term Rental Permit Waitlist” or “Waitlist” means the list on which applications will be placed by the Planning Department when the number of permits issued by the City exceeds the Cap, and which will be used when permits for issuance become available. “Short-term rental site manager” or “Site Manager” means the representative of the person or entity that owns a Short-term rental.
“Un-hosted rental” means a home-sharing activity whereby the Host remains off-site during the Occupant’s stay.
5.20.040 Short-Term Rental Regulations
A. Short-Term Rentals shall not adversely affect the residential character of the neighborhood, nor shall the use generate noise, vibration, glare, odors, excessive foot traffic, excessive or illegal parking, or other effects that unreasonably interfere with any person’s reasonable enjoyment of his or her residence.
B. It shall be unlawful for any person to advertise, undertake, maintain, authorize, book, or facilitate any renting to a transient Occupant on a Hosting Platform or otherwise, without first procuring and remaining in compliance with all conditions of a valid STR permit and any other requirement of this Chapter.
C. No person shall advertise or rent any STR without a City issued STR Permit number depicted in a visible location on the advertisement, including any listing on a Hosting Platform.
No advertising of the STR is permitted on site.
D. STRs shall not be occupied by more than two (2) Occupants per bedroom plus a total of two (2) additional Occupants at one time. Except as otherwise prohibited by law, the maximum occupancy set forth in this section may be reduced in order to provide sufficient paved parking for Occupants. Sufficient paved parking means that there shall be one (1) paved parking space available at the property for every two (2) occupants sixteen (16) years of age or older.
E. All STRs shall have bathroom facilities accessible to Occupants.
F. Events, parties, or group gatherings in excess of the occupancy limit set in Section
5.20.040 D of the Sand City Municipal Code, including but not limited to weddings, banquets, and corporate events, are prohibited as part of any Short-Term Rental use. 30 EXHIBIT B
G. No signs shall be posted on the exterior of the dwelling or on the property advertising the Short-Term Rental use.
H. No person shall offer or engage in a Short-Term Rental in any part of the property not approved for residential use, including but not limited to a vehicle parked on the property, a storage shed, shipping container, trailer, mobile home, garage, or temporary structure such as a tent or yurt.
I. Affordable housing units and/or workforce housing units shall not be eligible for a STR Permit.
J. Each Host must either act as or appoint a Short-Term Rental Site Manager who shall be on call 24/7, including holidays, when an occupant is renting the Short-Term Rental unit, to manage the Short-Term Rental unit and who shall respond to reported issues, contact the tenants regarding complaints received, and/or be physically present at the Short-Term Rental unit to address reported concerns.
K. Each Host or STR Site Manager shall respond within thirty (30) minutes from the time of notification of any issue to address concerns or complaints pertaining to, but not limited to:
unreasonable use of the STR property, unreasonable noise or disturbance, disorderly or unlawful conduct, overcrowding of the STR unit, or any other requirement or limit in this Chapter or in the City’s administrative policies and procedures.
L. Each Host or STR Site Manager must inform at least (1) responsible Short-Term Rental occupant regarding occupancy, parking, noise, trash collection schedules, and any other requirements or limits in this Chapter or in the City’s administrative policies and procedures.
M. Each Host shall post a City-issued placard in a location visible at the front entrance. The placard shall prominently display the Site Manager’s contact information, the STR Permit number, and occupancy limits. It shall be the responsibility of the Host to immediately notify the City and obtain an updated placard whenever there is a change in contact information or a change in any material fact upon which the STR Permit was issued.
N. Each Host shall maintain a valid STR Permit at all times and shall agree to collect and remit TOT (as described by Chapter 3.24 of the Sand City Municipal Code) on all gross receipts from Short-Term Rental use of the property.
O. Each Host shall sign an indemnification and hold harmless agreement in a form approved by the City Attorney, agreeing to indemnify, save, protect, hold harmless, and defend the City of Sand City, the City Council of City of Sand City, individually and collectively, and the City of Sand City representatives, officers, officials, employees, agents, and volunteers from any claims, demands, damages, fines, obligations, suits, judgments, penalties, causes of action, losses, liabilities, or costs received, incurred, or accrued as a result of, or arising out of the Host's or Site Manager’s actions or inaction in the operation, occupancy, use, and/or maintenance of the STR. 31 EXHIBIT B
P. Transient Occupancy Tax (TOT) shall be assessed for Short-Term Rentals under Chapter
3.24 of the Sand City Municipal Code.
5.20.050 Short-Term Rental Permit Application Requirements To obtain a STR Permit, the STR Owner shall apply on forms provided by the City. Short-Term Rental Permit applications shall comply with all the terms, conditions, and requirements of this Chapter, including:
A. A STR permit application shall be in the name of the Owner of the real property proposed to be rented under this Chapter.
B. A STR shall be non-transferable, shall not run with the land, and shall be valid only at the site described in the application.
C. Each STR Permit application shall be signed by the Owner and include the following information:
1. Address of the Short-Term Rental unit.
2. Name, address, phone, and email contact information of the Owner of the ShortTerm Rental unit.
3. Name and phone number of the Site Manager whose contact information is to be placed on a placard to be posted within the Short-Term Rental under Section
5.20.040 M of this Chapter.
4. A floor plan and site plan which shows the proposed use of each room in each building and structure.
5. Maximum occupancy of the Short-Term Rental Unit.
6. Number of paved parking spaces on the property.
7. A declaration that any applicable covenants, conditions, and restrictions are consistent with and would not prohibit issuance of a Short-Term Rental Permit for the proposed property.
8. Proof that the City has verified smoke and carbon monoxide alarms are installed and fire extinguishers and inaccessible locations.
D. Every application for a STR Permit shall be accompanied by the STR Permit Application Fee and Inspection Fee in the amounts established by resolution of the City Council.
E. The Director of the Planning Department, or his or her designee, shall inspect all properties in all STR Permit applications, including renewal applications before issuing a permit. 32 EXHIBIT B
STR Permit applicants may have to make improvements or changes to the proposed STR property to ensure that the proposed STR property conforms with all plan area statements and building code standards that were in effect at the time of construction of the STR property and that no health and safety violations are present at the STR property.
F. The City Manager may deny an application for a STR Permit for any of the following reasons:
1. The application is incomplete or the full application fee has not been paid;
2. The application contains a false or misleading statement or omission of material fact;
3. The dwelling is subject to an enforcement action under any provision of the Sand City Municipal Code;
4. The applicant is delinquent on any payment to the City of any fees, penalties, taxes, or any other monies related to the property;
5. Within twenty-four (24) months of application, the applicant had a Short-Term Rental Permit revoked at the property subject to the application or any other property in the City;
6. The operation of a Short-Term Rental at the dwelling is a threat to the public health, safety, or welfare;
7. The number of Short-Term Rental Permits issued by the City has reached the Cap; and/or
8. Inspection of the Short-Term Rental property has shown that the proposed ShortTerm Rental property does not conform with all plan area statements and building code standards that were in effect at time of construction of the Short-Term Rental property or that health and safety violations are present at the Short-Term Rental property that threaten the wellbeing of Occupants, neighbors or the community.
5.20.060 Short-Term Rental Permit Selection Process
A. The Cap shall be set and amended by resolution of the City Council.
B. All persons or entities interested in operating a STR may pay the application fee and apply for a STR Permit.
C. The filing date of the Short-Term Rental Permit application shall be the date when the Director of Planning officially received the last submission of information, payment, or materials required by subsections C and D of Section 5.20.050 of the Sand City Municipal Code. If the 33 EXHIBIT B
Director of the Planning Department, or his or her designee, determines an application submittal is incomplete, a Short-Term Rental Permit applicant shall be notified of such incompleteness within thirty (30) calendar days of receipt of the Short-Term Rental Permit application by the Planning Department. If the Director of the Planning Department does not receive a complete application within an additional thirty (30) days after notification, the application shall be deemed abandoned and shall not be reviewed, and the applicant will not be placed on the ShortTerm Rental Permit Waitlist.
D. All Short-Term Rental Permit applications, which have been deemed complete by the Director of the Planning Department, shall be placed on the Short-Term Rental Waitlist in the order of the application’s filing date. Short-Term Rental Permit applications shall only be reviewed by the Development Services Director in the order of ranking as established by the Short-Term Rental Waitlist.
E. Upon the effective date of the Ordinance codified in this Section, any person or entity operating a Short-Term Rental within one year of and before March 1, 2022, shall have sixty (60) days from the effective date of the Ordinance to submit a Short-Term Rental Permit application in conformance with Section 5.20.050 of the Sand City Municipal Code to establish priority on the Short-Term Rental Waitlist. Short-Term Rental Permit applications submitted within sixty (60) days of the effective date of the Ordinance shall be deemed incomplete unless accompanied by all TOT required to be remitted to the City by the applicant from the six (6) months prior to the date the application is received by the City. For sixty (60) days from the effective date of the Ordinance, only Short-Term Rental Permit applications from persons or entities operating a Short-Term Rental within one year of and before March 1, 2022, will be accepted. Upon the expiration of this sixty (60) day period, all other persons or entities may submit a Short-Term Rental Permit application.
F. The Director of the Planning Department shall review Short-Term Rental Permit applications and inspect Short-Term Rental properties in the order received until all applications on the Short-Term Rental Permit Waitlist have been reviewed or until the City determines the Cap has been reached.
5.20.070 Expiration and Renewal of Short-Term Rental Permits A. A STR Permit shall expire one (1) year from issuance.
B. STR Permits must be renewed annually before expiration by filing a renewal application accompanied by the renewal fee (as established by resolution of the City Council) and the Inspection fee with the Director of the Planning Department.
C. If a timely renewal application is filed, the STR Permit shall not expire until the date that the Director of the Planning Department approves or denies the renewal application. If a timely renewal application is not filed, the STR Permit shall expire and shall be considered null and void.
34 EXHIBIT B
D. A STR may not be renewed if the STR Host does not meet the renewal requirements, including:
1. The timely filing of a renewal application;
2. payment of the renewal fee;
3. payment of the inspection fee;
4. payment of the business license tax as described more fully in Chapter 5.04 of the Sand City Municipal Code.
5. the Host is deemed to have substantially conformed with this Chapter for the preceding year;
6. the Host documents and provides any changes that have occurred to the information in the current STR Permit or application; and
7. completion of a rental inspection as described in this Chapter; and
8. remittance of TOTs due from the STR use of the property.
5.20.080 Revocation of Short-Term Rental Permit
A. A STR Permit issued under the terms of this Chapter may be revoked by the Director of the Planning Department at any time if he or she concludes any of the following:
1. The Host or property owner is not current on TOTs and has not paid all said taxes to the City in full by the date upon which said taxes became due.
2. There have been two (2) or more upheld citations for violations of the City Municipal Code which citations were issued during two (2) separate events and/or calls for service for violations of the City Municipal Code at the Short-Term Rental Unit, on two (2) different dates within any twenty-four (24) month period.
For purposes of this Section, upheld citations means citations, which were neither overturned on appeal nor dismissed.
3. Any event occurs at a Short-Term Rental property in which charges for criminal activity are filed by the Monterey County District Attorney against an Occupant of the Short-Term Rental property.
4. The Host submitted a Short-Term Rental Permit Application containing a material misrepresentation or omission of a material fact.
5. There has been a transfer or attempt to transfer a STR Permit to another person, entity, or property.
35 EXHIBIT B
6. A change occurs in any material fact upon which the STR Permit was issued where the change was not reported to the City within fourteen (14) days.
7. The Host failed to timely respond to two (2) complaints pertaining to any of the following: unreasonable use of the Short-Term Rental property, unreasonable noise or disturbance, disorderly or unlawful conduct, overcrowding of the ShortTerm Rental unit, or any other requirement or limit in this Chapter.
8. The Host fails to post and maintain a City-issued placard in a location visible at the front entrance displaying the Short-Term Rental Host’s contact information, the Short-Term Rental Permit number, and occupancy limits or advertises the Short-Term Rental without identifying the STR Permit number.
5.20.090 Enforcement
A. Any use or condition caused or permitted to exist in violation of this article shall be and is declared a public nuisance and may be summarily abated by the City under Code of Civil Procedure Section 731, Sand City Municipal Code Section 1.16.010, or any other remedy available to the City.
B. Any use or condition caused or permitted to exist in violation of any provision of this Chapter shall be charged as a misdemeanor pursuant to Section 1.16.020 of the Sand City Municipal Code.
C. Where a Short-Term Rental Host or Site Manager of the Short-Term Rental alone reports a violation of any provision of this Article, which violation was caused or permitted to exist by the Short-Term Rental occupants, the City shall not issue a citation to said Short-Term Rental Host or Site Manager and shall only issue a citation, where warranted, to the occupants.
D. Owners or their agents found operating a Short-Term Rental without a permit after December 15, 2022 shall be fined according to a schedule established by resolution of the City Council.
5.20.100 Hearing and Appeal of Denial or Revocation
A. Any person denied a Short-Term Rental Permit, or any person whose Short-Term Rental Permit has been revoked may request a hearing from the City Attorney. The request for a hearing must be in writing and must be made within ten (10) calendar days from the decision denying or revoking the Short-Term Rental Permit. Upon receiving a written request for a hearing, the City Attorney or his/her delegate shall set the matter for a hearing within twenty-one (21) days thereafter and shall set forth in writing and send to the applicant or permittee by registered mail, certified mail, or hand delivery, notice of the date, time, and place of the hearing at least five (5) days before the hearing date. The hearing shall be conducted to determine the existence of any facts which constitute grounds for the denial or revocation of a Short-Term Rental Permit. The hearing shall be conducted by a hearing officer, appointed by the City 36 EXHIBIT B
Attorney. The applicant or permittee may have the assistance of counsel or may appear by counsel and may present evidence. If the applicant or permittee fails to appear at the hearing, the evidence or the existence of facts which constitute grounds for denial or revocation of the license or permit shall be considered unrebutted. A copy of the decision of the Hearing Officer specifying findings of fact and the reasons for the decision shall be furnished to the applicant or licensee. The Hearing Officer shall inform the Party against whom the decision is rendered of his or her right of appeal under Section 5.20.100.C of the Sand City Municipal Code.
B. The effect of a decision by the Hearing Officer shall be stayed while an appeal to the City Council is pending or until the time for filing such appeal has expired. If an appeal is not timely filed, the decision of the Hearing Officer shall be final.
C. Within ten (10) days after receipt of the decision of the Hearing Officer, any Party affected by the decision may file with the City Clerk a written request for a public hearing before the City Council. Upon filing such a request, the City Clerk shall within twenty-one (21) days thereafter set the matter for a hearing and shall notify the applicant of the date, time, and place of such hearing at least five (5) days before the hearing date. At the hearing, any person may present evidence opposing, or in support of, appellant’s case. At the conclusion of the hearing, the City Council shall either grant or deny the appeal. The decision of the City Council shall be final.
5.20.110 No Property Rights Conferred
Short-Term Rental Permits shall not be construed as providing property rights or vested interests and entitlements in continued operation of a Short-Term Rental. Short-Term Rental Permits are revocable licenses, which expire annually.
5.20.120 Fees
The City Council may establish and set by resolution all fees and charges as may be necessary to effectuate the purpose of this Chapter.
5.20.130 Administration
The City Manager, or designee, shall have the authority to establish administrative rules and regulations consistent with this Chapter for interpreting, clarifying, carrying out, furthering, and enforcing the requirements and provisions of this Chapter.
5.20.140 Severability
If any provision or clause of this Chapter or the application thereof to any person or circumstances is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other section provisions or clauses or applications, and to this end, the provisions, sections, and clauses of this ordinance are declared to be severable.”
37 EXHIBIT B
SECTION 3. CEQA DETERMINATION. This Ordinance is exempt from the California Environmental Quality Act (“CEQA”) under the general rule under Guidelines section 15061(b)(3) because CEQA only applies to projects that have the potential for causing a significant effect on the environment and the Ordinance does not involve a commitment to any specific project that may cause a potentially significant physical effect on the environment.
SECTION 4. EFFECTIVE DATE. This Ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final passage and adoption.
SECTION 5. PUBLICATION. At least two (2) days prior to its final adoption, copies of this Ordinance shall be posted in at least three (3) prominent and distinct locations in the City; and a notice shall be published once in the Monterey Herald, the official newspaper of the City of Sand City, setting forth the title of this Ordinance, the date of its introduction and the places where this ordinance is posted.
SECTION 5. CODIFICATION. The City Clerk is hereby authorized and directed to codify the provisions of this Ordinance into the Sand City Municipal Code.
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: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
ABSTAIN: Councilmembers
APPROVED:
____________________________________
Mary Ann Carbone, Mayor
ATTEST:
______________________________
Connie Horca, City Clerk
5149035.2
38 AGENDA ITEM
9A.
Consideration of City RESOLUTION
Approving the City Manager to Sign and
Record the Deed Restriction as Required
by the State of California Department of
Parks and Recreation Per Capita Grant
Program
39 CITY OF SAND CITY
STAFF REPORT
JULY 12, 2022
(For City Council Review on July 19, 2022)
TO: Mayor and City Council
FROM: Charles Pooler, City Planner
SUBJECT: Per Capita Parks Grant Deed Restriction
BACKGROUND
Funds totaling $177,952 were awarded to the City from the State of California in 2020 for local park rehabilitation, creation, and improvement grants to local governments on a per capita basis. City staff is proposing these funds be used to renovate the existing Calabrese Park including the replacement of dilapidated park equipment installed in 1999, the addition of park equipment for children under the age of six, and the replacement of boardwalks, benches, and play equipment. City Council approved the application for the per capita grant funds on August 4, 2020 (Exhibit A), which delegated “...the authority to the City Manager to conduct all negotiations, sign and submit documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the Grant Scope...”.
DISCUSSION
The deed restriction (Exhibit B) is required by the State for the City to receive reimbursement of funds the City has already expended. The deed restriction restricts the title of Calabrese Park (excluding City Hall and Police Department), safeguarding that specified area of park area and grant funded improvements for purposes consistent with the grant for the duration of the contract performance period of July 1, 2018 to June 20, 2038, or project completion. This kind of restriction is a standard requirement for cities to receive parks grants from the State.
RECOMMENDATION
Staff recommends APPROVAL of the resolution authorizing the City Manager to sign and record the deed restriction, in accordance with the grant requirements, allowing the City to receive reimbursement of funds already spent on the Calabrese Park Renovation project.
Exhibits: Attachments:
A. Resolution SC 20-57 (2020) ○ Draft Resolution authorizing City B. Grant Contract (executed 2020) Manager to Sign & Record Deed C. Deed Restriction (pending recording) Restriction
40 CITY OF SAND CITY
RESOLUTION SC , 2022
RESOLUTION OF THE CITY COUNCIL OF SAND CITY AUTHORIZING
THE CITY MANAGER TO SIGN AND RECORD THE DEED RESTRICTION AS
REQUIRED BY THE STATE OF CALIFORNIA DEPARTMENT OF PARKS AND
RECREATION PER CAPITA GRANT PROGRAM
WHEREAS, The City of Sand City (the “City”) was awarded $177,952 from the State of California in 2020 as part of the 2018 Parks Bond Act Per Capita Grant Program for renovating the existing Calabrese Park to include the replacement of dilapidated park equipment (installed in 1999), the addition of park equipment for children under the age of six, and the replacement of boardwalks, benches, and play equipment; and WHEREAS, the City Council approved the application for the per capita grant funds on August 4, 2020 (Resolution SC 20-57), which delegated the authority to the City Manager to conduct all negotiations, sign and submit documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the Grant Scope; and
WHEREAS, the City entered into a contract on September 1, 2020 with the State of California to complete the park renovation project; and
WHEREAS, in order for the City to receive reimbursement of grant funds from the State of California in accordance with the executed grant contract, a deed restriction is required that establishes the term of the deed restriction from July 1, 2018 to June 30, 2038 and authorizes right of entry of Calabrese Park by Department of Parks and Recreation agents/employees, signed by the City Manager and recorded with the County Recorder’s Office.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sand City to authorize the City Manager to sign and record a deed restriction, attached hereto as “Resolution Exhibit A” and incorporated herein by this reference, in accordance with the requirements of the 2018 Parks Bond Act per Capita Grant Program.
PASSED AND ADOPTED by the City Council of Sand City this 19th, day of July, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
ATTEST:
___________________________
___________________________ Mary Ann Carbone, Mayor
Connie Horca, City Clerk
41 42
43 44
45 46
47 48
49 50
51 52
53 54
55 56
57 58
59 60
61 AGENDA ITEM
9B.
Consideration of City RESOLUTION
Authorizing the City Manager to Accept
the Grant of a Conservation Easement
Agreement for the Habitat in the South of
Tioga Project
62
City of Sand City
STAFF REPORT
TO: Mayor and City Council
FROM: Vibeke Norgaard, City Manager
DATE: July 13, 2022
FOR: July 19, 2022 Council meeting
SUBJECT: Resolution of the City Council of the City of Sand City Accepting Grant of Conservation Easement for Habitat within the South of Tioga Project _________________________________________________________________ Background/South of Tioga Project
On June 5, 2018, the City Council approved a Vesting Tentative Map (“VTM”) submitted by applicant DBO Development No.30, LLC (“Developer”) for the development of the “South of Tioga” project to develop property in the approximately
10.64 acre area bounded by Tioga Avenue to the northeast, California Avenue to the southeast, former East Avenue to the southwest, and the Merle street right-of-way to the northwest in the central portion of the City, generally referred to as the “South of Tioga” district (“Project”) (Resolution SC 18-58). The Project endeavors to eliminate blighted conditions in the Project area, provide public and private roads and infrastructure improvements; and provide a significant number of residential units including units that will be made affordable to extremely low, very low-, and low-income households consistent with the City’s housing element.
On October 20, 2020, the City Council enacted Ordinance No. 20-02, 2020 approving the Development Agreement for the Project, which was recorded on March 15, 2021, and a First Amendment to the Development Agreement that was recorded on January 28, 2022 (collectively, the “Development Agreement”). The City agreed in the Development Agreement to be the holder of the Conservation Easement, subject to certain requirements, The City is authorized to hold conservation easements pursuant to California Gov. Code Section 65967(c).
The VTM requires that the Developer record a conservation easement (“Conservation Easement”) over an approximately 0.9-acre habitat area described and depicted in Exhibit A and B to the Conservation Easement attached as Attachment 1 to the resolution attached to this staff report (“Habitat”).
63
Purpose of the Habitat and Conservation Easement
The Habitat area consists of coastal dune scrub vegetation with a patchy presence of non-native ice plant and non-native grasses. It also contains a variety of native species, including sage wort, pink sand-verbena, beach evening primrose, seaside daisy, sea pink, silver beach lupine, mock heather, deerweed, and coast buckwheat plant species.
The coastal dune scrub vegetation includes Monterey gilia, an annual herb that blooms in April through June, associated primarily with two dune complexes along the California coast, which is state-listed as a threatened species and federally listed as an endangered species.
The Conservation Easement is a legal agreement between the Developer and the City with CDFW as a third-party beneficiary that permanently limits uses of the land in order to protect its conservation values.
The Habitat and Conservation easement provide mitigation for certain of the impacts of the development Project, in particular they mitigate the loss of federally and state listed and endangered species -- the Monterey Spine flower; Smith’s Blue Butterfly, and Monterey Gilia.
Incidental Take Permits
The Developer has obtained approval of incidental take permits from the U.S. Fish and Wildlife (“USDFW”) in March of 2020 and the California Department of Fish and Wildlife in December of 2019 (“CDFW”) (CDFW permit NO. 2081-2018-078-04; USDFW permit No. TE56304D-0 (“ITPs”). The ITPs set forth extensive requirements that have to be implemented by the Developer and adhered to in order to create and protect the Habitat, including the conveyance of the Conservation Easement and the establishment of an endowment fund to pay the cost of land management in perpetuity.
Main terms of the Conservation Easement
Under the terms of the Conservation easement, the City will be the conservation easement holder (referred to as the “Grantee” in the Easement). The Easement also provides that CDFW is a third-party beneficiary, meaning it can enforce the easement in the same way the City can. The Easement is very closely aligned with the template for such agreements that is required by CDFW, and the City and the Developer have had little ability to adjust its terms.
Those terms include:
• The conveyance of a conservation easement over the Habitat area in perpetuity to the City from the Developer.
64
• That the purpose of the Conservation Easement is to ensure the Easement Area will be retained forever in its natural, restored condition and to prevent any use of the Area that will impair or interfere with the Conservation Values of the Area – i.e., the preservation, restoration, and enhancement of native species and their habitats.
• The City may enter the Property in order to access the Easement Area to monitor compliance the terms of the Conservation Easement. (The Developer is providing access to the Easement Area by a park open space easement and an access easement. Council previously accepted the park easement and on today’s agenda is the access easement.)
• The Conservation Easement lists specific uses that are prohibited, including all uses that area inconsistent with the purposes of this Conservation Easement. • Developer’s duties include preventing trespassing that may degrade the Easement Area.
• The Conservation Easement requires that City gives notice to Developer and CDFW if it determines that a violation of the terms of this Conservation Easement has occurred
• The Conservation Easement sets forth a procedure by which City may bring an action against the Developer if the violation is not cured • The Conservation Easement requires that the Developer install and maintain a fence around the Easement Area.
• Developer is required to bear all costs and liabilities related to the ownership, operation, upkeep, and maintenance of the Easement Area. • Developer indemnifies and holds City and CDFW harmless arising from acts related to or occurring on or about the Property.
• The Conservation Easement can only be terminated by judicial proceedings in a court of competent jurisdiction.
Development Agreement
The Development Agreement requires that the City’s acceptance of the conservation Easement is subject to the Developer’s completion of all “start-up activities” as defined by the ITP. However, CDFW’s requirements under the ITP mean that the conservation easement needs to be recorded prior to some of those start up activities occurring. In order to ensure that the DA requirements are not waived by the City’s acceptance of the Conservation Easement prior to start-up activities, the City and Developer will execute an agreement prior to the recordation of the Easement, and possibly require an amendment to the Development Agreement at a later date to ensure that the requirements of the DA are not waived by the City.
Fiscal Impact:
65
There is no fiscal impact associated with the City’s acceptance of the Conservation Easement. The Developer is obligated under the terms of the Development Agreement to reimburse the City for all actual, reasonable expenses incurred by the City related to the grant and implementation of the Conservation easement. (DA, Section 3.03). The City is working with the Developer to satisfy that DA condition and establish an endowment which will fund any City activities in perpetuity. In addition, the Developer is obligated under the terms of the ITP and the Development Agreement to establish a permanent funding source to sufficiently fund the perpetual management of the habitat area.
Environmental (CEQA):
To comply with the California Environmental Quality Act (Cal. Pub. Res. Code § 21000 et seq. and 14 Cal. Code Regs. § 15000 et seq.; “CEQA”), on June 5, 2018, the City Council certified the Environmental Impact Report for the South of Tioga Project (SCH # 2017061066) as described more fully in Resolution SC 18-57, and made the required findings. The easement was contemplated as part of the Project and was included in the EIR; therefore, no further environmental review is required for the acceptance of the grant of easement.
STAFF RECOMMENDATION
Staff recommends APPROVAL of the attached resolution. The resolution for your consideration would authorize the City Manager to accept and sign the grant of conservation easement agreement Attached to the resolution as Exhibit A on behalf of the City.
ATTACHMENTS
1. Resolution
2. Attachment 1: Draft Conservation Easement
3. Exhibit A and B to Attachment 1: (map and legal descriptions). 66 67
68 ATTACHMENT 1
69 70
71 72
73 74
75 76
77 78
79 80
81 82
83 84
85 86
87 88
89 90
AGENDA ITEM
9C.
Consideration of City RESOLUTION
Authorizing the City Manager to Accept
the Grant of an Access Easement to the
Habitat in the South of Tioga Project
91 92
93 CITY OF SAND CITY
RESOLUTION NO. SC 22-___, 2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAND CITY AUTHORIZING THE
CITY MANAGER TO ACCEPT THE GRANT OF AN ACCESS EASEMENT TO THE HABITAT
IN THE SOUTH OF TIOGA PROJECT
WHEREAS, on June 5, 2018, the City Council approved the Vesting Tentative Map (“VTM”) ”) submitted by applicant DBO Development No.30 LLC (“DBO”) for the development of the “South of Tioga” project (“Project”) by Resolution SC 18-58; and WHEREAS, the Developer and the City entered into a Development Agreement, recorded on March 15, 2021, and a First Amendment to Development Agreement, recorded on January 28, 2022 (Combined, “Development Agreement”); and
WHEREAS, the VTM and Development Agreement require that the Developer record a conservation easement (“Conservation Easement”) over an approximately 0.9-acre area (“Habitat Area”) in order to compensate for the loss of federally and state listed and endangered species (the Monterey Spine flower; Smith’s Blue Butterfly, and Monterey Gilia); and WHEREAS, access to the Habitat Area is required in accordance with the terms of the Conservation Easement, which was accepted by the City Council on July 19, 2022; and WHEREAS, the Developer desires to grant to City an easement across a certain portion of property in order to access the Habitat, as described more fully on Exhibit A to the access easement attached to this resolution as Attachment 1; and WHEREAS, to comply with the California Environmental Quality Act (Cal. Pub. Res. Code § 21000 et seq. and 14 Cal. Code Regs. § 15000 et seq.; “CEQA”), on June 5, 2018, the City Council certified the Environmental Impact Report for the South of Tioga Project (SCH # 2017061066) as described more fully in Resolution SC 18-57, and made the required findings and the Easement was contemplated as part of the Project and was included in the EIR; therefore, no further environmental review is required for the acceptance of the grant of easement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Sand City that it approves and authorizes the City Manager to accept and record the Access Easement in substantially the same form as that attached hereto as Exhibit A and in a form acceptable to the City Attorney.
PASSED AND ADOPTED by the City Council of the City of Sand City on the __ day of July, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
_________________________
Mary Ann Carbone, Mayor
ATTEST:
Connie Horca, City Clerk
94 ATTACHMENT 1
RECORDING REQUESTED BY AND
WHEN RECORDED MAIL TO:
(Grantee)
City of Sand City
1 Pendergrass Way
Sand City, CA 93955
Attn: Connie Horca, City Clerk
WITH A COPY TO:
State of California
Department of Fish and Wildlife
Habitat Conservation Planning Branch
Post Office Box 944209
Sacramento, CA 94244-2090
Attn: Sr. Land Agent
Space Above for Recorder’s Use Only
ACCESS EASEMENT
THIS GRANT OF ACCESS EASEMENT (“Access Easement”) is made this ________day of July, 20 ____, by and between DBO Development No. 30, a California limited liability company (“Grantor”), and the City of Sand City, a municipal corporation and charter city in Monterey County (“Grantee”).
RECITALS
A. Grantor is the owner of certain real property, comprised of two parcels (APNs 011-601-001 and 011-601-002), in Monterey County, California (“Property”).
B. Grantor obtained California Endangered Species Act incidental take permit #2081-2018-078-04 (“ITP”) from the Department of Fish and Wildlife (“CDFW”) for the South of Tioga Project for redevelopment of commercial buildings to create 356 multi-family residential units, 216 hotel rooms, a restaurant, on-site utility and street improvements, and off-site utility and street improvements within the adjacent rights-of-way (“Project”). Pursuant to the ITP, CDFW required Grantor to provide mitigation for certain impacts. As part of the mitigation, Grantor recorded a conservation easement over three separate portions of the Property (individually Sand Dune Habitat 1, Sand Dune Habitat 2, and Sand Dune Habitat 3 and collectively Habitat Management Lands), each of which portions is legally described and depicted in Exhibit A. Grantee also serves as grantee for the conservation easement on the Habitat Management Lands, and CDFW serves as third-party beneficiary to that conservation easement. To ensure adequate access to the Habitat Management Lands, Grantee and CDFW desire access over, under, upon and across a portion of the Property for 95 ATTACHMENT 1
purposes of accessing the Habitat Management Lands that are situated adjacent to the Property.
C. Grantor desires to grant to Grantee a certain easement over, under, upon, and across a certain portion of the Property and such easement will run with the land. The portion of the Property subject to this Access Easement is wholly contained within APN 011-601-002 and is legally described in Exhibit A and the Access Easement area (“Easement Area”) is depicted in Exhibit B.
D. The purpose of the Access Easement as defined herein is to ensure the rights of access for the benefit of Grantee and its designees including the California Department of Fish and Wildlife (“CDFW”).
AGREEMENT
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows:
1. Grantor hereby grants to Grantee a perpetual, non-exclusive easement over, under, upon, and across the Easement Area for ingress to and egress from the Habitat Management Lands for the benefit of the Grantee and its designees including CDFW.
2. Grantor expressly reserves for itself, its successors and its assigns, the right to use the Easement Area or to grant other easements or licenses at the same location so long as such uses do not interfere with the rights herein granted.
3. The Access Easement is subject to all liens, encumbrances, covenants, conditions, restrictions, reservations, contracts, leases and licenses, easements, and rights of way pertaining to the Property, whether or not of record. The use of the word “grant” shall not imply any warranty on the part of the Grantor with respect to the Access Easement or the Easement Area.
4. Grantor shall maintain the Easement Area and the maintenance of the Easement Area shall be at Grantor’s sole cost and expense.
5. This Easement is a unified conveyance and shall not be assigned in part or otherwise disseminated, and any such partial conveyance is void.
6. Grantee shall comply with all applicable laws, ordinances, and regulations, including but not limited to all applicable regulatory, environmental, and safety requirements at Grantee’s sole cost and expense. Nothing in this Access Easement constitutes approval or authorization by CDFW, acting in its regulatory capacity, of any activity or project of or by Grantee.
96 ATTACHMENT 1
7. Grantee shall not use, release, deposit, or permit the use, release, or deposit of any hazardous material, toxic waste or other hazardous, toxic, or harmful substances or contaminants on the Property or the Easement Area.
8. Grantee shall be responsible for any damage to the Easement Area or that of third parties resulting from any exercise of the rights herein granted, including but not limited to fire, soil erosion, subsidence, or other damage resulting therefrom. Grantee shall promptly repair and restore, as nearly as practicable, to its original condition any of Grantor’s property, including but not limited to roads, utilities, buildings and fences that may be altered, damaged, or destroyed in connection with the exercise of the Access Easement or use of the Easement Area.
9. This Access Easement is made on the express condition that the Grantor is to be free from any and all liability by reason of injury or death to persons or loss or damage to property, from whatever cause, arising out of the use by Grantee, its directors, officers, employees, agents, representatives or contractors (“Grantee’s Parties”) exercise of rights granted pursuant to this Access Easement or use of the Easement Area or of the improvements or personal property of Grantee thereto or thereon. Grantee, on behalf of itself and each of Grantee’s Parties, waives all claims against the Grantor, its directors, officers, employees, agents, representatives and contractors, for injury (including death), loss or damage caused by, arising out of, or in any way connected with the exercise of the rights granted by this Access Easement. Grantee covenants and agrees to protect, save harmless, indemnify, and defend the Grantor, its directors, officers, employees, agents, representatives and contractors from and against any and all claims, losses, costs, expenses, damages or liability (collectively, “Claims”) caused by, arising out of, or in any way connected with this Access Easement, including Claims caused by fire and any CEQA lawsuits against Grantor, any failure on the part of Grantee to fulfill its obligations under this Access Easement, and any exercise by Grantee of the rights granted by this Access Easement, except Claims resulting solely from the willful or grossly negligent acts of the Grantor. Grantee will further cause such indemnification and waiver of claims in favor of the Grantor to be inserted in each contract and agreement that Grantee executes for the provision of equipment, materials or services in connection with this Access Easement.
10. All notices and other communications required or given under this Access Easement shall be in writing and addressed as follows:
Grantor: DBO Development NO. 30,
a California limited liability company
525 W. Alluvial Avenue, Suite A
Fresno, CA 93711
Attn: Gerald V. Lyles
Grantee: City of Sand City
1 Pendergrass Way
Sand City, CA 93955
97 ATTACHMENT 1
Attn: Vibeke Norgaard, City Manager
CDFW: Department of Fish and Wildlife
Central Region
1234 E. Shaw Avenue
Fresno, CA 93710
Attn: Regional Manager
Copy to: Department of Fish and Wildlife
Office of the General Counsel
PO Box 944209
Sacramento, CA 94244-2090
or to such other address as a party may specify by written notice to the other. All notices and other communications shall be deemed to have been duly given and received: (a) upon personal delivery, or (b) as of the third business day after mailing by United States mail, postage prepaid, addressed as set forth above, or (c) the immediately succeeding business day after deposit (for next-day delivery) with FedEx or other similar overnight courier that guarantees next-day delivery.
11. This instrument contains the entire agreement between the parties relating to the rights herein granted and the obligations herein assumed. Any oral representations or modifications concerning this instrument shall be of no force or effect. This Access Easement may be amended only in a subsequent modification in writing, signed by both parties.
12. This instrument shall bind and inure to the benefit of the respective successors and assigns of the parties hereto.
13. This Access Easement shall be governed and construed by the laws of the State of California.
14. The following Exhibits are attached to this Access Easement and incorporated by reference herein:
EXHIBIT A – Legal Description and Map of the Property
EXHIBIT B – Legal Description and Map of Easement Area
[SIGNATURES ON THE FOLLOWING PAGE]
98 ATTACHMENT 1
IN WITNESS WHEREOF, the parties hereto have executed this instrument the day and year first above written.
GRANTOR:
DBO Development No. 30
a California limited liability company
By: Lyles Diversified, Inc.
a California corporation, Member
_____________________________________
Gerald V. Lyles
Its Senior Vice President
Date: _
By: The Orosco Family Trust
dated June 28, 1977 as amended, Member
__________________________________
Chris Orosco, Trustee
Date:_ ________________
99 ATTACHMENT 1
GRANTEE
CITY OF SAND CITY CERTIFICATE OF ACCEPTANCE
This is to certify that the interest in real property conveyed by the Access Easement Agreement dated ______________, 2022, from DBO DEVELOPMENT NO. 30, a California limited liability company, to the CITY OF SAND CITY, a municipal corporation, is accepted by the undersigned City Manager of the City of Sand City, on behalf of the City Council, adopted on ___________, 2022, and the Grantee consents to recordation thereof by the City Manager.
CITY OF SAND CITY, a municipal
corporation
Date Vibeke Norgaard, City Manager
100
ATTACHMENT 1
CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC
STATE OF CALIFORNIA, )
COUNTY OF _______________
On _______________________ before me,
___________________________ , a notary public in and for said County and State, personally appeared ____________________________________ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s), acted, executed the instrument.
WITNESS my hand and official seal.
____________________________________
(Signature of Notary Public)
101
ATTACHMENT 1
CERTIFICATE OF ACKNOWLEDGEMENT OF NOTARY PUBLIC
STATE OF CALIFORNIA, )
COUNTY OF _________________)
On _______________________ before me,
___________________________ , a notary public in and for said County and State, personally appeared ____________________________________ personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s), acted, executed the instrument.
WITNESS my hand and official seal.
_________________________________
(Signature of Notary Public)
102
ATTACHMENT 1
Exhibit A
Legal Description and Map of the Property
[APN 011-601-001 & 011-601-002]
103
104
105
106
107
108
AGENDA ITEM
9D.
Review and Approval of "Argument in
Favor of Ballot Measure"
109
110
ARGUMENT IN FAVOR OF SAND CITY BALLOT MEASURE
Sand City needs your support to improve services to the community and fund projects that contribute to our quality of life such as improving streets and sidewalks; improving beach access; developing affordable housing and parking; maintaining public safety and emergency preparation; and providing other much-needed community services to the residents of Sand City. By voting in favor of the measure you can help make these improvements a reality.
In 2014, Sand City voters approved Measure J, the City’s current 1% local sales tax which funds a variety of services in our community. However, the City’s revenues will decline starting this fiscal year due to an end to large lease payments from the City’s desalination plant. The new measure will replace those lost revenues by increasing local sales tax by .5% to a new rate of 1.5%. Most of the City’s current sales tax is paid by non-residents shopping in our major stores, so most of the revenue generated by this measure will not be paid by Sand City residents. All of the revenue generated would stay in Sand City. Under this measure, mainly visitors would be supporting local services and Sand City community improvements through their purchases. The sales tax rate would become 9.25%, the same as most other Monterey Peninsula cities.
These sales tax revenues would be used to invest in our community; improve streets and sidewalks, trails and beach access; to develop affordable housing and to continue to support the City’s arts events as well as public safety and emergency preparedness.
A “YES” vote on Sand City’s measure means a YES on community infrastructure; new capital projects and the support of citywide services. We ask that you join the five of us in voting YES on this measure.
111
STATEMENT TO BE FILED BY AUTHOR
The undersigned author(s) of the Primary argument (In Favor/Against) of ballot measure ______________ at the General Municipal election for the City of Sand City to be held on November 8, 2022 hereby states that such argument is true and correct to the best of (his/her/their) belief.
(NOTE: Names and titles will be printed in the voters pamphlet in the order signed below).
Signed Type or Print Date
Name & Title
________________________ Mary Ann Carbone ____________
Mayor
________________________ Jerry Blackwelder ____________ Vice Mayor
________________________ Kim Cruz ____________
Council Member
________________________ Gregory Hawthorne ____________ Council Member
________________________ Elizabeth Sofer ____________
Council Member
Please send Proofs to: __________________________________ Fax: __394-2472________ (Address)
_________________________________ Phone: ___394-3054_______ (City & Zip code) Contact Person (s) Names (s): Vibeke Norgaard or Connie Horca California Elections Code 9600
112
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
113
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
114