REGULAR MEETING
JOINT SAND CITY COUNCIL AND
SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY
TUESDAY, AUGUST 16, 2022
5:30 PM
1 AGENDA
JOINT SAND CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
Regular Meeting - Tuesday, August 16, 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. Please use the "raise your hand" option on Zoom, and the City Clerk will call on your name.
2 1. ROLL CALL
2. PLEDGE OF ALLEGIANCE
3. INVOCATION
4. ANNOUNCEMENT BY MAYOR, CITY ATTORNEY, AND 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 Council Meeting Minutes:
1) July 5, 2022 Regular Meeting
2) July 19, 2022 Regular Meeting
7.05.2022 Minutes.pdf
7.19.2022 Minutes.pdf
6B. Approval of City RESOLUTION Authorizing the Extension of Remote Teleconference Meetings of the City Council and Boards, Commission, and Committees for the Period of August 17, 2022 through September 15, 2022 pursuant to AB 361 and Ralph M. Brown Act Provisions
Resolution. Authorizing the Extension of Remote Teleconference Meetings.pdf 6C. Approval of City RESOLUTION Granting the City Manager Authorization to Execute a Water Assignment Agreement and Assign up to 0.193 acre-feet of Water from the Sand City Water Entitlement to Thomas H. George Jr. for Tenant Improvements to an Existing Commercial Building at 783 Redwood Avenue (APN 011-193-019)
Staff Report & Resolution. Water Allocation for 783 Redwood Avenue.pdf 6D. Approval of City Donation/Contribution
1) Monterey County Fair - $500
Memo. Review of City Donation.Contribution.pdf
6E. Approval of City RESOLUTION Confirming Members of the Sand City Arts Committee and New Appointment of Michelle Djokic
Staff Report. Arts Committee Appointment.pdf
Resolution. Confirming Members of the Sand City Arts Committee and New 3 Appointment of Michelle Djokic.pdf
Exhibit A. SC 95-73 Establishing the Sand City Art Committee.pdf
7. CONSIDERATION OF ITEMS PULLED FROM CONSENT CALENDAR
8. PUBLIC HEARING
8A. Consideration of SECOND READING and ADOPTION of 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"
Staff Report. Second Reading Short Term Rental Ordinance.pdf Exhibit A. July 5, 2022 Staff Report.pdf
Exhibit B. Ordinance Amending Title 5 of the Sand City Municipal Code. Adding Chapter 20.STR.pdf
9. NEW BUSINESS
9A. Consideration of City RESOLUTION Establishing a Short-Term Rental Permit Cap and Adopting a Short Term Rental Permit Application Fee and Inspection Fee and a Short Term Rental Renewal Fee and Rescinding Prior Resolution SC 22-58, 2022
Staff Report. Establishing Short Term Rental Cap, Permit Application, Inspection and Renewal Fee.pdf
Exhibit A. Resolution Establishing Short Term Rental Permit Cap & Fees.pdf 9B. Consideration and Approval of City RESOLUTION Approving a Special Permit for a Bicycle Criterium Race to be held on September 11, 2022 within the City of Sand City
Staff Report. Special Event Permit for Bicycle Criterium.pdf Exhibit A. Resolution Approving a Bicycle Criterium Special Event.pdf Exhibit B.Sand City Criterium Permit.pdf
9C. Comments by Council Members on Items of Interest to Sand City 9D. Upcoming Meetings/Events
10. CLOSED SESSION
10A. City Council/ Successor Agency Board to adjourn to Closed Session regarding:
1) Conference with labor negotiator pursuant to Government Code section 54957.6
Agency designated representative: Vibeke Norgaard, City Manager Employees: Sand City Police Officers Association
10B. Re-adjourn to Open Session to report any action taken at the conclusion of Closed Session in accordance with 54957.1 of the Ralph M. Brown Act 4 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.
5 AGENDA ITEM
6A.
Approval of Council Meeting Minutes: 1)
July 5, 2022 Regular Meeting 2) July 19,
2022 Regular Meeting
6 Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 07.05.22 Regular Meeting
MINUTES
JOINT SAND CITY COUNCIL AND SUCCESSOR
AGENCY OF THE REDEVELOPMENT AGENCY
Regular Meeting - Tuesday, July 5, 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 invocations was led by Reverend Robert Hellam.
AGENDA ITEM 4, ANNOUNCEMENT BY MAYOR, CITY ATTORNEY, & CITY MANAGER The Mayor announced that her Mayor’s report was emailed earlier that gave an update on meetings she attended, reported on the Community Human Services Donor Campaign for Shuman House, fundraiser for the Wahine Project, and the Ribbon Cutting for Shake Avenue, her speaking engagement with the Native Plant Society, and upcoming CHS Annual Luncheon at the Hilton Hotel.
City Manager Norgaard provided an update on Ortiz Avenue regarding the rehabilitation work that needs to be completed by July, relocation of the 40’ connex and will bring to council at a future date a consideration of what the Council would like to do with the space at the Art Park.
Interim City Attorney Adam Lindgren reported on activity of the Supreme Court and one case regarding the City of Bremerton that raised human resource issues, and funding related to religious activities.
Mayor Carbone welcomed Chief Ferrante back.
7 Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 07.05.22 Regular Meeting
AGENDA ITEM 5, COMMUNICATIONS
5:41 P.M. Floor opened for Public Comment.
City Manager Norgaard responded to Sand City resident Luke Kilpatrick’s inquiry regarding when Calabrese Park will begin construction and estimated completion date. 5:42 P.M. Floor closed to Public Comment.
AGENDA ITEM 6, CONSENT CALENDAR
6A. There was no discussion of the May 24, 2022 SPECIAL Meeting Minutes. 6B. There was no discussion June 7, 2022 Council Meeting Minutes. 6C. There was no discussion of the Designation of Voting Delegate and Alternate for the 2022 League of California Cities Conference.
6D. There was no discussion City Resolution authorizing the Extension of Remote Teleconference Meetings of the City Council and Boards, Commissions, and Committees for the Period of July 6, 2022 through August 5, 2022 pursuant to AB 361 and Ralph M. Brown Act Provisions.
6E. There was no discussion City Donation/Contribution to the Arts Habitat for Monterey County for $500.
5:43 P.M. The Mayor opened the floor for public comment, and seeing none, closed the floor for public comment.
Motion to approve the Consent Calendar was made by Council Member Blackwelder, seconded by Council Member Sofer . Roll call Vote AYES: Council Members Blackwelder, Carbone, Cruz, Hawthorne, Sofer. NOES: None. ABSENT: None. ABSTAIN: None. Motion carried.
AGENDA ITEM 7, CONSIDERATION OF ITEMS PULLED FROM CONSENT CALENDAR There were no items pulled from the Consent Calendar.
AGENDA ITEM 8, PUBLIC HEARING
{A name draw was conducted and Council Member Hawthorne recused from the meeting due to a conflict of interest by residing within 500’ of the subject property} 8A. Consideration of City RESOLUTION to Approve Conditional Use Permit 653 for Captain + Stoker Coffee Roasters to Operate a Coffee Roasting Production and Wholesale Operation within an Existing Commercial Building at 350 Orange Avenue
8 Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 07.05.22 Regular Meeting
City Planner Charles Pooler presented an application submitted by Tyler Ellis of Captain +Stoker Coffee Roasters for permit approval to operate a coffee roasting operation with accessory office at 350-B Orange Avenue. He reported on the site and project description that included equipment to be used, activities such as bottling of cold brew coffee, number of employees, and noted that on-site beverage sales is not anticipated. Hours of operation is 8:00 a.m. to 4:00 p.m., Monday through Friday. The frontage provides 5 parking spaces split between two units fronting Orange Avenue. Inventory and products shipped will be via a small van truck. The applicant has received approval from the Monterey Bay Air Resources District for the coffee roaster and afterburner equipment. The coffee roasting process is not expected to create any detrimental impacts; however, some level of aroma is anticipated. The subject property has sufficient water for the proposed use, and Staff recommends approval of the conditional use permit.
Council Member Blackwelder expressed his concern with aromas generated by coffee roasting and the issue of parking that will be shared by the employees of the units.
Council Member Cruz mentioned her past employment in the coffee industry and that no complaints were heard regarding the aroma.
Mayor Carbone reported on the evolution of new technology that helps minimize odors during the roasting process.
City Planner Pooler commented that the permit addresses the zoning code, and that parking arrangements would be up to the landlord of the building. 5:53 P.M. Floor opened for Public Comment.
The applicant Tyler Ellis thanked the Mayor and Council for considering his application, reported on the new equipment and technology that minimizes odors, and that he and his wife will carpool in one vehicle to offset parking issues.
Sand City resident Steve Wilson commented on the lack of parking in the city, its ongoing issues, having to walk on the street at some locations, and the need for the City to look into more parking.
5:57 P.M. Floor closed to Public Comment.
Motion to approve the City Resolution to approve Conditional Use Permit 653 for Captain+Stoker Coffee Roasters to Operate a Coffee Roasting Production and Wholesale Operation within an Existing Commercial Building at 350 Orange Avenue was made by Council Member Blackwelder, seconded by Council Member Sofer.
Roll call Vote AYES: Council Members Blackwelder, Carbone, Cruz, Sofer. NOES:
None. ABSENT: None. ABSTAIN: Council Member Hawthorne. Motion carried. {Following a name draw, Council Member Hawthorne remained recused, and Council Member Sofer recused from the meeting due to a possible conflict of interest by residing within 500’ of the subject property}
9 Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 07.05.22 Regular Meeting
8B. Consideration of City RESOLUTION Approving Conditional Use Permit 652 for Jayson Fann to Conduct Open Yard Art Creation
City Planner Charles Pooler presented an application submitted by Jayson Fann to use a fenced vacant Property fronting the 500 block of Ortiz Avenue for creation of large-scale art sculptures that would consist of intertwined/interlinked wood branches and wood materials. He reported on the site description that is currently unpaved, and that the applicant also proposes to conduct art exhibitions with public engagements of open studio and community participation and learning. There will be two employees. Intended hours of operation are 9:00 a.m. to 5:00 p.m. Monday through Friday, and 10:00 a.m. to 3:00 p.m. on weekends. The Municipal Code does not specify parking for commercial storage or production, and is evaluated upon the type of use. The applicant plans to store 8 vehicles including trailers, and the permit should require an area of sufficient size on the property to be designated and used for parking the Applicant’s trucks and vehicles. The final parking layout should be subject to the City Planner’s and/or Building Officials review and approval. No large truck deliveries are anticipated. It is also recommended that storage containers be incorporated to offset any visual blight.
Concerns were expressed by the Fire Department and Building Official. In order to move the application forward, the Planning Staff recommended conditions to the permit and language to include that the Applicant coordinate and work with the City’s Building Official and Fire Department to obtain all necessary building permits, address improvements, and that final use and site layout be subject to Building Official approval. The Applicants primary use of hand tools over power tools should minimize noise impacts and blend in with the surrounding commercial daytime activities. The Applicants use would provide a positive contribution to the artist community of Sand City. Staff recommends approval of a conditional use permit until the site can be improved to provide additional on-site parking for the Independent.
Council Member Blackwelder expressed concerns regarding power, whether a generator will be used, how long the applicant will plans to be there, and if there was some kind of architectural/renderings of what this would look like, and whether it would block the existing mural.
City Manager Norgaard commented on her visit to the applicant’s other site, that this would be an outdoor gallery,
In response to Council Member Cruz’s inquiry regarding what kind of tools would be used, Mr. Fann responded that the largest tools used would be a hand grinder, and battery-operated chain saw. Since he has worked as an educator, safety precautions and standards regarding power tools, and addressed Council Member Blackwelder’s other concerns.
Mayor Carbone mentioned that she has visited Mr. Fann’s operation in Monterey and that it is visually pleasing.
6:45 P.M. Floor opened for Public Comment.
10 Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 07.05.22 Regular Meeting
Sand City resident Bobbie Joe Harr expressed that it sounds like a good project but is concerned about noise especially the use of a generator as she can hear noise impacts down the street as far as Marks Barn.
Mr. Fann addressed Ms. Harr’s concerns and plans to use battery operated tools, will check in with the neighbors, and encourage them to speak with him. He also provided additional information regarding his stage productions, traveling nest stages, collaborative work with the Arts Council, and addressed vehicle parking at the location.
6:21 P.M. Floor closed to Public Comment.
Motion to approve the City Resolution approving Conditional Use Permit 652 for Jayson Fann to Conduct Open Yard Art Creation was made by Council Member Blackwelder, seconded by Council Member Carbone. Roll call Vote AYES: Council Members Blackwelder, Carbone, Cruz. NOES: None. ABSENT: None. ABSTAIN:
Council Members Hawthorne, Sofer. Motion carried.
Mayor Carbone welcomed Mr. Fann and the prior applicant, Mr. Ellis to Sand City. {Council Members Hawthorne and Sofer returned to the virtual/in person meeting} 8C. SECOND 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 City Manager Norgaard reported that the Council approved the introduction and First Reading of the Ordinance at the June 21, 2022 Council meeting. She reported on the current sales tax and that if approved by a majority of the voters in Sand City, it would raise the sales tax to 9.25%. If passed, the additional revenue would stay in the city and be placed in the general fund for uses such as to improve streets, sidewalks, and parking.
6:26 P.M. Floor opened for Public Comment.
Sand City resident Luke Kilpatrick commented on why the City has not considered raising the transactions and use tax to 9.5% rather that the 9.25%.
City Manager Norgaard mentioned that the Transactions and Use Tax measure failed to garner enough votes during the 2020 Election.
Mr. Kilpatrick expressed his concerns of the loss of revenues from the desalination plant and shoppers who would be paying the sales tax.
City Manager Norgaard noted that it would be up to the residents to vote in favor of the measure.
11 Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 07.05.22 Regular Meeting
Interim City Attorney Lindgren commented that the Mayor’s argument in favor of the measure may be written to express those concerns.
6:29 P.M. Floor closed to Public Comment.
Motion to waive reading in full and adopt the SECOND READING: of Ordinance by title only, of the City of Sand City Replacing the Existing General-Purpose Transactions and Use Tax at a Rate of One Percent and Imposing a GeneralPurpose 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.
8D. SECOND READING: of Ordinance to Establish Standards, Procedures and Fees for Short-Term Rental of Property in Sand City (Short-Term Rental Ordinance)
City Manager Norgaard reported that this item was considered for First Reading at the May 9, 2022 Council meeting, that the Ordinance includes regulations, and sets forth the permitting process. Mrs. Norgaard summarized the provisions contained in the Ordinance such as 2 occupants per bedroom, no group gatherings, no sign advertising, owner appointed site manager, requires TOT tax to be submitted, etc.
City Attorney Lindgren noted that the Ordinance also includes the annual inspection and mechanism to inspect the units.
Mayor Carbone indicated that the Ordinance further provides that no STR be allowed in affordable housing or workforce units.
6:40 P.M. Floor opened for Public Comment.
There were no comments from the Public in person, via writing or through telecommunications.
6:40 P.M. Floor closed to Public Comment.
Motion to waive reading in full and adopt by title only, the SECOND READING: of Ordinance to Establish Standards, Procedures and Fees for Short-Term Rental of Property in Sand City (Short-Term Rental Ordinance) 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 9, NEW BUSINESS
9A. Consideration of City RESOLUTION Establishing a Short-Term Rental Permit CAP and Adopting a Short-Term Rental Permit Application Fee and Inspection Fee and a Short-Term Rental Renewal Fee
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City Manager Norgaard noted that the adopted Ordinance allows the establishment of fees and sets a CAP on short term rentals allowed. The resolution is drafted and sets the CAP at 15 rentals. The actual number would be disclosed once applications start to be submitted.
Interim City Attorney Adam Lindgren reported that Staff has conducted a survey, listened to people, and went on line. Units that appear are only for specific dates available, and the possibility that some rentals may not appear may possibly be unite that are consistently rented. Staff recommendation is that the CAP brought before the Council can be changed in the future on an annual basis, sets the CAP to existing units slightly higher than units being identified in the City, and fees can also be reviewed and changed.
Mrs. Norgaard added that the fees established includes staff time, hours to conduct the inspection, and takes into consideration staff’s hourly rate. She also addressed Council Member Blackwelder’s questions regarding how fees would be received, and that every property owner had been notified of the public hearing of this Ordinance.
Mr. Lindgren mentioned that existing STR’s operators could have the first opportunity to apply for the permit, and anyone operating illegally is subject to code enforcement.
Council Member Sofer commented that people who come into the City should check local laws and Ordinances.
Council Member Hawthorne spoke to improving and ensuring adequate parking for all venues in the City.
6:54 P.M. Floor opened for Public Comment.
Sand City resident Luke Kilpatrick thanked the Council for the Ordinance, for not shutting down STR’s, and welcomes home inspections as it retains the property value in the City.
6:56 P.M. Floor closed to Public Comment.
Motion to approve the City Resolution establishing a Short -Term Rental Permit CAP and Adopting a Short-Term Rental Permit Application Fee and Inspection Fee and a Short-Term Rental Renewal Fee 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.
{Council Member Cruz recused from the virtual/in person meeting due to a possible conflict of interest by residing within 500’ of the subject property} 13 Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 07.05.22 Regular Meeting
9B. Consideration of City RESOLUTION Naming the City Park Easement within the South of Tioga Project and Rescinding Resolution SC 22-51, 2022 City Manager Norgaard reported that this item was considered by the Council on May 3rd and June 7th, and on June 21st the Council voted to reconsider the name that was chosen on June 7, 2022. She reported on the names that were suggested such as Orosco Family Park, Orosco Corner, Veterans Park, Blue Butterfly park, Carbone Park with the most recent suggested names of Achasta Park which means Monterey Bay, and Esselen-Ohlone Park.
Council Member Hawthorne suggested Don’s Park in tribute to Don Orosco who worked hard for 25 years, and to give tribute to the person who worked on this project for so long.
Council Member Sofer expressed her agreement with Mr. Hawthorne, and also the name Esselen-Ohlone Park.
7:08 P.M. Floor opened for Public Comment.
Sand City resident Steve Wilson commented that Mrs. Carbone is well deserving of the park to be named after her as she has served the City for 30 years.
Mayor Carbone thanked Mr. Wilson for his kind words.
Mr. Wilson added that Carbone Park sounds nice as well.
Council Member Hawthorne commented that a park should not be named after a living person as it may pose a possible conflict and may not be politically correct.
Virtual Attendee Meli Hill appreciated all the effort in naming the park with a lot of great ideas, and thanked the Council for bringing it back. 7:14 P.M. Floor closed to Public Comment.
Mayor Carbone thanked Mr. Wilson for suggesting dedicating the park after her, commented that she is a community advocate, gave a lot of thought to the last name given, and of the first peoples that inhabited the land, and would like to name the park, Esselen-Ohlone Park. She reported on her conversation with Developer Mr. Sheller prior to this regarding signage , and a name the befits the area.
Mr. Hawthorne commented that it would be a good name in tribute to a people that has very few members left.
Motion to approve the City Resolution Naming the City Park Easement within the South of Tioga Project and Rescinding Resolution SC 22 -51, 2022 was made by Council Member Blackwelder, seconded by Council Member Hawthorne. Roll call Vote AYES: Council Members Blackwelder, Carbone, Hawthorne, Sofer. NOES: None. ABSENT: None.
ABSTAIN: Council Member Cruz, Motion carried.
9C. Consideration of City RESOLUTION Authorizing Cost of Living Adjustment for Regular (Miscellaneous) Employees
14 Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 07.05.22 Regular Meeting
City Manager Norgaard reported that this item was discussed in closed session on June 7, 2022, the attached resolution would authorize the City Manager to increase employee salaries, excluding the POA by 4%. The City’s approved budget would be amended to reflect the change.
7:21 P.M. Floor opened for Public Comment.
There were no comments from the Public in person, via writing or through telecommunications.
7:21P.M. Floor closed to Public Comment.
Motion to approve the City Resolution authorizing Cost of Living Adjustment for Regular (Miscellaneous) Employees 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.
9D. Council Discussion on the Process for Organizing Campaign to Support the Transaction and Use Tax Measure
Mayor Carbone reported that this Ordinance has be brought to the Council and approved. She mentioned that the Council would need to advocate for the measure, the importance of transparency, what the initiative would do for the City in light of the loss in revenues from the desalination plant, and that the revenues would be used to help improve City streets.
Interim City Attorney Adam Lindgren suggested that the Mayor divide the work to write an argument in favor of the measure and a process to provide public information. He reported on the process of how to engage in a conversation, volunteers to assist the Mayor, creating a committee, and using caution in using City funds and resources in regard to the measure.
Mayor Carbone suggested meeting outside of the City to discuss the measure.
Mr. Lindgren commented that the Council has done everything they need to do to bring the measure before the voters, will email the Council of Brown Act rules, and provide a roadmap of the next steps.
Council Member Sofer reminded the Council of how the previous City Manager used a VW wagon to advocate for the measure, and sending postcards.
Mr. Lindgren noted that the City can spend money to objectively advocate, and the City can take policy actions that might articulate what the City would do and what the tax measure would provide.
9E. Consideration of Cancelling Future City Council meeting scheduled for August 2, 2022
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Motion to cancel the City Council meeting scheduled for August 2, 2022 was made by Council Member Hawthorne, seconded by Council Member Blackwelder. There was consensus of the City Council to cancel the August 2, 2022 Council meeting. 9F. Comments by Council Members on Items of Interest to Sand City Council Member Sofer commented on the use of illegal fireworks in Sand City.
Council member Cruz reported that last night’s news reported that the City of Seaside Council will introduce a bill to ban fireworks. 7:41 P.m. Sand City resident Michele Djokic suggested that maybe the City can place no parking signs, encourage people to not use illegal fireworks, and establishing signage.
Mr. Lindgren reported on communities that have provided public information and that it was distributed early and well in advance of July 4th.
Mayor Carbone mentioned that Sand City has banned the sale of fireworks.
City Manager Norgaard noted that this would be placed on a future agenda well in advance of the 4th of July.
7:53 P.M. Floor closed for public comment.
9G. Upcoming Meetings/Events
Council Member Sofer mentioned the upcoming Monterey Peninsula Business Excellence Awards, and an event sponsored by the Homeless Coalition.
AGENDA ITEM 10, ADJOURNMENT
There was consensus of the Council to adjourn the meeting at 7:58 p.m. to the next regularly scheduled Council meeting on August 16, 2022 at 5:30 p.m. _______________________________
Connie Horca, City Clerk
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07.19.22 Regular Meeting
MINUTES
JOINT SAND CITY COUNCIL AND SUCCESSOR
AGENCY OF THE REDEVELOPMENT AGENCY
Regular Meeting - Tuesday, July 19, 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 (excused absence)
Councilmember Cruz (virtual attendance)
Councilmember Hawthorne (virtual attendance)
Councilmember Sofer
Staff: Vibeke Norgaard, City Manager (virtual attendance) Connie Horca, City Clerk
Adam Lindgren, Interim City Attorney (virtual attendance) Chuck Pooler, City Planner (virtual attendance)
Police Chief, Brian Ferrante
AGENDA ITEM 2, PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Police Chief Brian Ferrante.
AGENDA ITEM 3, INVOCATION
The invocation was led by Reverend Robert Hellam.
AGENDA ITEM 4, ANNOUNCEMENT BY MAYOR, CITY ATTORNEY, CITY MANAGER The Mayor announced that Council Members are also welcome to provide their comments at this time following announcements by City Staff.
City Manager Norgaard expressed her apologies for the delay of the City Manager’s report.
She provided updates on the Calabrese Park noticing and bidding process, Ortiz Avenue concrete restoration work of driveways and curbs, upcoming meeting with the Arts Committee to consider the Murals, Special Council meeting on August 9, 2022, and writer James Herrera who would like to do an article on the South of Tioga.
Interim City Attorney Adam Lindgren announced his plans to attend the League of California Cities Conference in September, looks forward to meet any Council Members that plan on attending, and is available to attend a session of interest to Council to take notes and report back.
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07.19.22 Regular Meeting
Mayor Carbone reported on the success of last week’s street dedication of Shake Avenue that included the attendance of several dignitaries from surrounding agencies and boards.
Council Member Hawthorne reported on the upcoming Arts Committee meeting that will review mural submissions, the upcoming West End Celebration, and the inability of opening the Hawthorne Studios during West End due to construction. He hopes to be open for next year’s celebration.
AGENDA ITEM 5, COMMUNICATIONS
5:41 P.M. Floor opened for Public Comment.
There were no comments from the Public in person, via writing or through Telecommunications.
5:41 P.M. Floor closed to Public Comment.
AGENDA ITEM 6, CONSENT CALENDAR
6A. There was no discussion of the June 21, 2022 Regular Meeting Minutes. 6B. There was no discussion of the City authorizing Renewal of a Maintenance Services Agreement with HOPE Rehabilitation Services for FY 2022-2023 6C. There was no discussion of the 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
5:43 P.M. Floor opened for Public Comment.
There were no comments from the Public in person, via writing or through telecommunications.
5:43 P.M. Floor closed to Public Comment.
Motion to approve the Consent Calendar items was made by Council Member Cruz, seconded by Council Member Sofer. Roll call Vote AYES: Council Members Carbone, Cruz, Hawthorne, Sofer. NOES: None. ABSENT: Council Member Blackwelder. ABSTAIN:
None. Motion carried.
AGENDA ITEM 7, CONSIDERATION OF ITEMS PULLED FROM CONSENT CALENDAR There were no items pulled from the Consent Calendar.
AGENDA ITEM 8, PUBLIC HEARING
8A. 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" 18 ___________________________________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes
07.19.22 Regular Meeting
Interim City Attorney Adam Lindgren reported that this item was brought before the Council during a workshop, pointed out what was missing from the legislation and the necessary form that needed the recitals, appropriate language, errors made by management team, and expressed his apologies regarding the oversight. The attached Ordinance has no substantive changes, and includes the proper form for Council approval.
Mr. Lindgren responded and confirmed Council Member Sofer’s inquiry that there are no changes to the Ordinance.
Mayor Carbone commented that she was aware of this, knows that there is a new team, and suggested that management staff work closely with the City Clerk.
Mr. Lindgren provided clarification in response to Mayor Carbone’s question that the second reading would need to occur at a regularly scheduled meeting, and also reported that he has regular meetings with staff to go over the agenda items. 5:50 P.M. Floor opened for Public Comment.
There were no comments from the Public in person, via writing or through telecommunications
5:50 P.M. Floor closed to Public Comment.
Motion to waive full reading and adopt First Reading of the 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" was made by Council Member Sofer, seconded by Council Member Hawthorne. Roll call Vote AYES: Council Members Carbone, Cruz, Hawthorne, Sofer. NOES: None. ABSENT: Council Member Blackwelder ABSTAIN: None. Motion carried.
AGENDA ITEM 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 City Planner Charles Pooler reported on the background of the per Capita Grants Deed Restriction that was awarded to the City from the State of California in 2020 in the amount of $177,953, and is separate from the ADA grant awarded. These funds would be used to renovate Calabrese Park, replace boardwalks, benches and play equipment, that the deed restriction is required by the State to receive funds, and allows access by the agency to inspect and have access to the park.
Staff recommends approval of the attached resolution.
5:54 P.M. Floor opened for Public Comment.
19 ___________________________________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes
07.19.22 Regular Meeting
There were no comments from the Public in person, via writing or through telecommunications
5:54 P.M. Floor closed to Public Comment.
Motion to approve the 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 was made by Council Member Sofer, seconded by Council Member Cruz. Roll call Vote AYES: Council Members Carbone, Cruz, Hawthorne, Sofer. NOES: None. ABSENT: Council Member Blackwelder. ABSTAIN: None. Motion carried.
{Council Member Cruz recused from the meeting due to a possible conflict of interest by residing within 500’ of the subject property}
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
City Manager Norgaard reported that this item is a major milestone for the South of Tioga project, and the item is the document that has been worked on for over 1 year with California Department Fish and Wildlife, the Developer, and City Staff.
She explained that the conservation easement is a legal agreement between the Developer and the City that limits use of the land. . Ms. Norgaard relayed the main points regarding the purpose located on page 64 & 65 of the agenda packet. The City has oversight responsibility over the management of the habitat . The easement also defines prohibited uses, and sets forth the developer’s role regarding the habitat area.
Interim City Attorney Adam Lindgren mentioned that this agreement has been complex and the State has made this a difficult process, and it reflects a significant effort between the Developer and Management Team.
City Manager Norgaard also described the final endowment and land management of the habitat.
Council Member Sofer thanked Staff for their hard work on this agreement, mentioned the creation of low-income housing, improvement to the City, and is confident that Staff can work through the hurdles.
City Manager Norgaard responded to Mayor Carbone’s inquiry regarding the last project, that this is a different situation, and that the Developer would need to have an endowment fund in place.
6:07 P.M. Floor opened for Public Comment.
20 ___________________________________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes
07.19.22 Regular Meeting
There were no comments from the Public in person, via writing or through telecommunications.
6:07 P.M. Floor closed to Public Comment.
Motion to approve the City Resolution authorizing the City Manager to Accept the Grant of a Conservation Easement Agreement for the Habitat in the South of Tioga Project was made by Council Member Hawthorne, seconded by Council Member Sofer. Roll call Vote AYES: Council Members Carbone, Hawthorne, Sofer. NOES:
None. ABSENT: Council Member Blackwelder ABSTAIN: Council Member Cruz.
Motion carried.
{Council Member Cruz remained recused for this 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 City Manager Norgaard reported that the attached resolution is another easement related to the habitat, is the area allows access to Habitat 3 as depicted on page 105 of the packet, and is an easement that the developer is granting to the City, so that the City can access that portion of land as part of its monitoring function. 6:11 P.M. Floor opened for Public Comment.
There were no comments from the Public in person, via writing or through telecommunications.
6:11 P.M. Floor closed to Public Comment.
Motion to approve the City Resolution authorizing the City Manager to Accept the Grant of an Access Easement to the Habitat in the South of Tioga Project was made by Council Member Sofer, seconded by Council Member Hawthorne. Roll call Vote AYES: Council Members Carbone, Hawthorne, Sofer. NOES: None.
ABSENT: Council Member Blackwelder. ABSTAIN: Council Member Cruz. Motion carried.
{Council Member Cruz returned to the virtual/in person meeting} 9D. Review and Approval of "Argument in Favor of Ballot Measure" Mayor Carbone presented the Staff report for the argument in favor of the measure, proposes that the Council approve the ballot measure argument in favor of raising the transactions and use tax rate to one and one-half percent that will be presented to the voters, and recommends approval of the attached argument. 6:15 P.M. Floor opened for Public Comment.
There were no comments from the Public in person, via writing or through telecommunications.
21 ___________________________________________________________________________________________________________________ Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes
07.19.22 Regular Meeting
6:15 P.M. Floor closed to Public Comment.
Motion to approve the Argument in Favor of Ballot Measure was made by Council Member Hawthorne, seconded by Council Member Sofer. Roll call Vote AYES:
Council Members Carbone, Cruz, Hawthorne, Sofer. NOES: None. ABSENT:
Council Member Blackwelder. ABSTAIN: None. Motion carried.
City Attorney Adam Lindgren suggested that Staff inform the Council at the next meeting regarding submittal of Election items to reassure the Council that the City’s responsibilities have been fulfilled.
AGENDA ITEM 10, CLOSED SESSION
This item was pulled from the agenda and continued to the August 16, 2022 Council meeting.
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.
AGENDA ITEM 11, ADJOURNMENT
There was consensus of the Council to adjourn the meeting at 6:20 p.m. to the next regularly scheduled Council meeting on August 16, 2022 at 5:30 p.m. _______________________________
Connie Horca, City Clerk
22 AGENDA ITEM
6B.
Approval of City RESOLUTION Authorizing
the Extension of Remote Teleconference
Meetings of the City Council and Boards,
Commission, and Committees for the
Period of August 17, 2022 through
September 15, 2022 pursuant to AB 361
and Ralph M. Brown Act Provisions
23 CITY OF SAND CITY
RESOLUTION SC ____, 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 AUGUST 17, 2022 THROUGH SEPTEMBER 15, 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 24 Sand City Resolution SC ____, 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.
25 Sand City Resolution SC ____, 2022
SECTION 3. This Resolution shall take effect immediately upon its adoption and shall be effective until the earlier of (i) September 15, 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 16th, day of August, 2022, by the following vote:
AYES: Council Members
NOES:
ABSENT:
ABSTAIN:
APPROVED:
___________________________
ATTEST: Mary Ann Carbone, Mayor
__________________________
Connie Horca, City Clerk
26 AGENDA ITEM
6C.
Approval of City RESOLUTION Granting the
City Manager Authorization to Execute a
Water Assignment Agreement and Assign
up to 0.193 acre-feet of Water from the
Sand City Water Entitlement to Thomas H.
George Jr. for Tenant Improvements to an
Existing Commercial Building at 783
Redwood Avenue (APN 011-193-019)
27 28
29 30
31 32
33 34
35 36
37 38
AGENDA ITEM
6D.
Approval of City Donation/Contribution 1)
Monterey County Fair - $500
39 40
41 AGENDA ITEM
6E.
Approval of City RESOLUTION Confirming
Members of the Sand City Arts Committee
and New Appointment of Michelle Djokic
42 City of Sand City
Staff Report
To: Honorable Mayor and City Council Members
From: Connie Horca, City Clerk
Date: August 11, 2022 (for August 16, 2022 Council Meeting) Subject: Resolution of the City Council of Sand City Confirming Members of the Sand City Arts Committee and New Appointments Michelle Djokic to the Sand City Arts Committee
_____________________________________________________________________ Background
The Sand City Arts Committee presently consists of four (4) members due to the resignation of Kristen Fuentes in 2021. Several individuals have expressed their desire to serve as the fifth member of the Sand City Arts Committee.
As established in Resolution SC 95-73, members of the Sand City Arts Committee are appointed by the Mayor and ratified by the City Council. Michelle Djokic has expressed her desire to participate as a member on the Sand City Arts Committee, is a resident and business owner within Sand City, is committed to the community and has an avid love and passion for the arts. Michelle is also an accomplished instrumentalist and performs with other artists at SandBox, Sand City, a studio for collaborative and inclusive cultural events.
Should the Council confirm the new appointment of Michelle Djokic to serve on the Sand City Arts Committee her membership will originate upon approval of the attached resolution through January 31, 2023. The new Arts Committee Member will follow and adhere to the policy and recommendations as outlined in the attached Resolution SC 95- 73 (Exhibit A).
Staff Recommendation
It is recommended that the City Council adopt the attached Resolution Confirming Members of the Sand City Arts Committee and New Appointment of Michelle Djokic.
Agenda
Item
6E
43 CITY OF SAND CITY
RESOLUTION SC ____, 2022
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAND CITY CONFIRMING
MEMBERS OF THE SAND CITY ARTS COMMITTEE AND NEW APPOINTMENT OF
MICHELLE DJOKIC
WHEREAS, Resolution SC 95-73 established the structure and organization of the Sand City Arts Committee; and
WHEREAS, the Sand City Arts Committee is a body of five (5) members; and WHEREAS, the Arts Committee’s function is as set forth in Resolution SC 95-73, including to establish, promote and enhance artistic endeavors within Sand City and to advise and make recommendations to City Council regarding same; and WHEREAS, according to resolution SC 95-73, Art Committee members are appointed by the Mayor and ratified by the City Council; and
WHEREAS, due to the resignation of Kristen Fuentes in 2021, a search to fill the vacancy was conducted, and a suitable candidate was appointed to fill the vacancy; and WHEREAS, other volunteers who participate in Arts Committee events and meetings are considered “Friends of the Sand City Arts Committee” and not voting members.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of Sand City as follows:
1. Membership for the Sand City Art Committee will be through January 31, 2023 subject to annual appointment and/or reappointment thereafter;
2. The Sand City Arts Committee will follow the policy and recommendations as outlined in Resolution SC 95-73;
3. The following have been recognized as the official Sand City Arts Committee members: Chairperson Gregory Hawthorne, Dawn Peters, Shelby Hawthorne, Brian Clark, and Michelle Djokic.
PASSED AND ADOPTED by the Sand City Council on this ___ day of August, 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
___________________________
ATTEST: Mary Ann Carbone, Mayor
__________________________
Connie Horca, City Clerk
44 CITY OF SAND CITY
RESOLUTION SC 95 -73 (199s)
RBSOLUTION OF TEE CIIY COI'NCIL OF TEB CIIY OT SAI{D CITY ESTABLISEING TEE SAI{D CITY ART COU}IITTBE
WEEREAS, tshe City Council of Ehe CiEy of Sand City believes iE is in t.he conrnunitsy's interest to establish and maintsain a supporEi-ve program for artisEic endeavors withj,n Sand City; and
WEEREAS, t.he CiEy Council wants to estsabfish an assist in organizing a supportsive program for City.
NOW,
Sand
ATE COMMiEEEE EO the arEs in sand
TEEREFOR"E, BE IT RESOT,VED by t.he City Council of Ehe CiEy of Citsy as follows:
1. ThaE. an Art. CommiE.Eee is hereby creatsed Eo assis! in tshe organization and maintenance of a co[trnunity artss program in Sand CiEy as specified below --
The ArE Cormnittee will be comprised of 5 members
tshaE are appointed by Ehe Mayor and ratified by Lhe
CiE.y Council .
It. will t.ake a minimum of 3 members Eo be present
Eo conduct a meetsing and/or carry ouE business.
The CommitsLee members will be selecEed from E.he
Cit.y's art conununiEy.
The Cj.tsy AdminisEratsor, or designee, will serve a
adwisor Eo Ehis ComnitsEee. The Public works
MainEenance Supervisor wil-I assist. Ehe ArE
CorEnit.tee i.n its act.ivities.
The Arts ComniE.t.ee wil-1 serve on a volunleer basis
wiEh no financial compensatsion. Any routine City expenditsures requi.red for Conmittee functsions are subjects Eo City
Administsratsor rewiew and approval . significants
expendiEures, projects or programs will reguire
Budget CoumiEEee review and approval .
That Ehe ArEs ConmitEee wilf have the following general functsions and responsibil iE.ies --
To promote and enhance arE programs and interests
in Sand Ci-ty.
To develop recommendations for and Eo advise tshe
City Council/RedevelopmenE Agency on arti.stsic
maEEers in Sand CiEy.
To supervise and coordinaLe lhe activitsies,
programs, and exhibits of E.he Sand Citsy Art
Ga11ery.
a
b
c
d
f
2 a
b
c
EXHIBIT A
45 ResofuE.i.on SC 95-73
d
e
To organize speciaL or annual arE evenEs,
or programs in Sand Cicy subject to City
rewiew and approval .
To solicit support and contsributions
programs in sand city.
proj ect. s
Council
for arE.
PASSED AND ADOPTBD BY THE SAND CITY COI'NCIL tshis 5E day of Decembe r
AYES:
NOES:
ABSTAINED:
ABSENT:
ATIEST: AP
CiE,Y l rk avid K. e rgira yor
I cert.ify, under oaEh, tshaE the above i.s a L.rue and correcE copy of official- records on file aE City Hafl .
ATTEST:
Deputy City Clerk DaE.e
, 1995 by tshe fol-lowing vole:
Councilmembers K1ine, Morris, Lewis, Pendergrass
None
None
Councilmember Hansen
1 46
AGENDA ITEM
8A.
Consideration of SECOND READING and
ADOPTION of 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"
47 City of Sand City
Staff Report
TO: Honorable Mayor and City Council Members
FROM: Vibeke Norgaard, City Manager;
Adam Lindgren, City Attorney
DATE: August 11, 2022 (Meeting date: August 16, 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 therefore requested re-adoption of the ordinance to correct an accidental but important processing error. The ordinance was approved by Council for first reading on July 19, 2022 Recommendation:
Adopt the ordinance attached to this report at Exhibit B.
Exhibits/Attachment:
A: Staff report from July 5, 2022
B: Ordinance
Agenda
Item
8A
48 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
49 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.
50 Recommendation:
Staff recommends Council adopt the Ordinance attached to this staff report as Exhibit A
Exhibits/Attachment:
A: Ordinance
51 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.
EXHBIT B
52 5.20.020 Prohibition of Transient Use
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 53 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. 54 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. 55 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. 56 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 57 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.
58 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.
59 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 October 31, 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 60 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.”
61 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
5105734.6
62 AGENDA ITEM
9A.
Consideration of City RESOLUTION
Establishing a Short-Term Rental Permit
Cap and Adopting a Short Term Rental
Permit Application Fee and Inspection Fee
and a Short Term Rental Renewal Fee and
Rescinding Prior Resolution SC 22-58, 2022
63 City of Sand City
Staff Report
TO: Honorable Mayor and City Council Members
FROM: Vibeke Norgaard, City Manager
Adam Lindgren, City Attorney
DATE: August 11, 2022 (For August 16, 2022 City Council meeting) SUBJECT: Resolution establishing a short-term rental permit cap and adopting fees
______________________________________________________________________ Discussion/Background:
At its July 19, 2022 meeting, the Council considered and conducted a first reading of a Short-term Rental ordinance to adopt a process for permitting Short Term Rentals operating in the City. (“Ordinance”). On August 16, 2022, the Council will consider the Ordinance for adoption. The Council previously considered both the ordinance and the resolution but due to a missing piece of legislation in the previous agenda packet, staff has brought both the ordinance and the resolution back to Council for its reconsideration and approval to ensure that it is validly adopted.
The Ordinance, if adopted, will authorize the City Council to establish a maximum number of Short-Term Rentals operating in the City by setting a cap on the number of Short-Term Rental Permits issued by the City. It will also authorize the City Council to establish fees to offset the cost of providing the permits. The resolution, if approved, will rescind the prior resolution, set the cap and establish the fees.
Cap on Permits:
Staff has analyzed the existing number of short-term rentals and consulted with the City Attorney regarding the recommended cap on short term rentals. While the exact number is not easy to establish, there are approximately 14-15 short term rentals operating in Sand City. Staff is recommending setting the cap at 15.
Fees:
The Ordinance also authorizes that Council establish by resolution all fees and charges necessary to effectuate the purpose of the Ordinance including a Short-Term Rental Agenda
Item
9A
64 Permit Application and Inspection Fee, to defray the costs of the City to administer and enforce the Short-Term Rental rules.
Staff has analyzed the potential cost to administer and enforce the Short-Term Rental rules, including the cost of inspecting the rentals.
Based on that analysis, staff is recommending that the fees be established in the following amounts:
• $638 for the Short-Term Rental Permit Application and Pre-Approval Inspection Fee; and
• $197 for the Short-Term Rental Renewal and Compliance Inspection Fee.
The detailed cost analysis is available upon request.
CEQA:
The action to consider a resolution establishing a short-term rental cap and setting of fees 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:
There is no fiscal impact associated with this action. The fees established would offset any cost associated with providing the permits.
Recommendation:
It is recommended that Council approve the resolution attached to this staff report as Exhibit A.
Exhibits:
Exhibit A: Resolution
65 EXHIBIT A
CITY OF SAND CITY
RESOLUTION SC ____, 2022
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAND CITY ESTABLISHING A
SHORT TERM RENTAL PERMIT CAP AND ADOPTING A SHORT-TERM RENTAL PERMIT
APPLICATION FEE AND INSPECTION FEE AND A SHORT-TERM RENTAL RENEWAL FEE AND RESCINDING PRIOR RESOLUTION SC 22-58, 2022
WHEREAS, on August 16, 2022, the City of Sand City Council adopted Ordinance SC 22-02 to adopt a process for permitting Short Term Rentals operating in the City; and WHEREAS, whereas Ordinance SC 22-02 authorizes the City Council to establish a maximum number of Short-Term Rentals operating in the City by setting a cap on the number of Short-Term Rental Permits issued by the City; and
WHEREAS, the City Council desires to set the cap on the number of Short-Term Rental Permits issued by the City at fifteen (15); and
WHEREAS, Ordinance No. 2022-02 authorizes a Short-Term Rental Permit Application and PreApproval Inspection Fee and Short-Term Rental Renewal and Compliance Inspection Fee to defray the costs of the City to administer and enforce the Short-Term Rental rules; and WHEREAS, the City desires to establish such fees in the amount of Six Hundred Thirty-Eight Dollars ($638) for the Short-Term Rental Permit Application and Pre-Approval Inspection Fee, and in the amount of One Hundred Ninety-Seven Dollars ($197) for the Short-Term Rental Renewal and Compliance Inspection Fee; and
WHEREAS, the proposed permit fees that are the subject of this Resolution were considered by the City Council at a meeting on August 16, 2022, at which interested persons were afforded an opportunity to be heard on such proposed fees; and
WHEREAS, after receiving the evidence and any testimony presented at the meeting, the City Council found that the fees established by this Resolution do not exceed the estimated reasonable costs of providing the services for which the fees are charged.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of Sand City hereby rescinds Resolution SC 22-58.
BE IT FURTHER RESOLVED, that the City Council of Sand City establishes that the number of valid Short-Term Rental Permits issued by the City at any one time shall not exceed fifteen (15).
BE IT FURTHER RESOLVED, that the City Council of Sand City approves the Short-Term Rental Permit Application and Pre-Approval Inspection Fee in the amount of $638.
BE IT FURTHER RESOLVED, that the City Council of Sand City approves the Short-Term Rental Renewal and Compliance Inspection Fee in the amount of $197. 66 Resolution SC ___, 2022
PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Sand City, this _____ day of August, 2022 by the following votes:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
______________________________
Mary Ann Carbone, Mayor
ATTEST:
______________________________
Connie Horca, City Clerk
67 AGENDA ITEM
9B.
Consideration and Approval of City
RESOLUTION Approving a Special Permit
for a Bicycle Criterium Race to be held on
September 11, 2022 within the City of
Sand City
68 City of Sand City
Staff Report
TO: Honorable Mayor and City Council Members
FROM: Vibeke Norgaard, City Manager
DATE: August 11, 2022 (Meeting date: August 16, 2022)
SUBJECT: Special Event Permit –
Bicycle criterium race September 11, 2022
Background:
On February 15, 2022, Council received a presentation by Tom McCullough who was proposing a bicycle criterium race within the City. Also, on February 15, 2022 the Council approved September 11, 2022 as the date to hold the event.
Staff has prepared application materials for the application of a special event permit. Mr.
McCullough. (“Applicant”), has worked closed with City Staff to complete his application over the last several months. Please find the Applicants application attached as Exhibit B to this staff report.
Section 18.94 of the Sand City municipal code requires that council review and consider for approval special event permits. The municipal code also requires that certain showings be made on the part of the applicant. The showings required by the municipal code have been incorporated into the application materials City staff has developed.
Mr. McCullough has also requested that the City waive the $500 application fee in exchange for the City sponsoring a race.
Recommendation:
Staff recommends approving the special permit application attached to this staff report as Exhibit B for a bicycle criterium race to be held in Sand City on September 11, 2022. Given that the City has never before issued the permit, and given Mr. McCullough’s extreme patience working through the application process with the City, staff is also recommending that the City grant his request to waive the application fee in exchange for a Sand City sponsored race during the criterium.
Exhibits
A: Resolution
B: Application for Bike Criterium
Agenda
Item
9B
69 EXHIBIT A
CITY OF SAND CITY
RESOLUTION SC ___, 2022
RESOLUTION OF THE CITY COUNCIL OF SAND CITY APPROVING A SPECIAL PERMIT FOR A BICYCLE CRITERIUM RACE TO BE HELD ON SEPTEMBER 11, 2022
WITHIN THE CITY OF SAND CITY
WHEREAS, on February 15, 2022 the Council received a presentation by Tom McCullough to coordinate and conduct a Bicycle Criterium Special Event in Sand City; and WHEREAS, bicycle criteriums are known as cycling races that require a mixture of fitness and strategy, often raced on a closed-circuit course and are typically a mile long; and WHEREAS, the Bicycle Criterium Special Event will be hosted by the Monterey Bike Racing Team, sponsored by the Don Chapin Company, and scheduled to be held on Sunday, September 11, 2022; and
WHEREAS, the Sand City Municipal Code, Section 18.94 requires that the Council review and consider for approval special event permits, and that certain showings be made on the part of the applicant; and
WHEREAS, Council finds that the showings required by Sand City Municipal Code, Section
18.94 have been made in the Applicant’s completed application which is attached as Exhibit A.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Sand City does hereby approve the attached Special Event Permit Application and the Bicycle Criterium Race Special Event.
PASSED AND ADOPTED by the City Council of the City of Sand City this ___, day of August, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
___________________________
Mary Ann Carbone, Mayor
ATTEST:
__________________________
Connie Horca, City Clerk
70 EXHIBIT B
71 72
73 74
75 76
77 78
79 80
81 82
83 84
85 86
AGENDA ITEM
9C.
Comments by Council Members on Items
of Interest to Sand City
87 AGENDA ITEM
9D.
Upcoming Meetings/Events
88 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
89 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
90