REGULAR MEETING
JOINT SAND CITY COUNCIL AND
SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY
TUESDAY, OCTOBER 18, 2022
5:30 PM
1 AGENDA
JOINT SAND CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
Regular Meeting - Tuesday, October 18, 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 October 4, 2022 Council Meeting Minutes
10.04.22 Regular Meeting Minutes.pdf
6B. Acceptance of City RESOLUTION October 2022 as National Domestic Violence Month
Resolution. Recognizing October as National Domestic Violence Awareness Month.pdf
7. CONSIDERATION OF ITEMS PULLED FROM CONSENT CALENDAR
8. PUBLIC HEARING
8A. Consideration and Approval of FIRST READING: City ORDINANCE Amending Title 15 of the Sand City Municipal Code to Adopt the 2022 California Building Code and Appendices H and J; the 2022 California Historical Building Code; the 2022 California Existing Building Code; the 2022 California Residential Code; the 2022 California Plumbing Code; the 2022 California Electrical Code; the 2022 Mechanical Code; the 2022 California Green Building Standards Code; the 2022 California Energy Code; the 2022 California Fire Code; and the 2021 International Property Maintenance Code
Staff Report. Adoption of the 2022 California Builidng and Related Codes.pdf Ordinance. Amending Title 15 of the Sand City Municipal Code to Adopt the 2022 California Building Code.pdf
9. NEW BUSINESS
9A. Consideration and Approval of City RESOLUTION Authorizing the City Manager 3 to Enter into a Contract Agreement with EMC Planning Group, Inc. to Prepare the 6th Cycle Housing Element Update and Related CEQA Review for the City of Sand City
Staff Report. 6th Cycle Housing Element Update.pdf
Resolution. Authorizing the City Manager to Enter into a Contract with EMC Planning Group to Prepare the 6th Cycle Housing Element Update.pdf 9B. Comments by Council Members on Items of Interest to Sand City 9C. Upcoming Meetings/Events
10. ADJOURNMENT
The current agenda is available in PDF format on our website at:
www.sandcity.org
If you have a request for a disability-related modification or accommodation, including auxiliary aids or services, which will allow you to participate in a Sand City public meeting, please call the City Clerk at (831) 394-3054 extension 220, or give your written request to the City Clerk at 1 Pendergrass Way, Sand City, CA 93955 at least 48 hours prior to the scheduled meeting to allow the City Clerk time to arrange for the requested modification or accommodation.
4 AGENDA ITEM
6A.
Approval of October 4, 2022 Council
Meeting Minutes
5 Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 10.04.22 Regular Meeting
MINUTES
JOINT SAND CITY COUNCIL AND SUCCESSOR
AGENCY OF THE REDEVELOPMENT AGENCY
Regular Meeting - Tuesday, October 4, 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
Councilmember Hawthorne
Councilmember Sofer
Staff: Vibeke Norgaard, City Manager
Connie Horca, City Clerk
Adam Lindgren, Interim City Attorney (virtual attendance) Chuck Pooler, City Planner
Police Chief, Brian Ferrante
AGENDA ITEM 2, PLEDGE OF ALLEGIANCE
The Pledge of Allegiance was led by Council Member Hawthorne.
AGENDA ITEM 3, INVOCATION
The invocation was led by Vice Mayor Blackwelder.
AGENDA ITEM 4, ANNOUNCEMENT BY MAYOR, CITY ATTORNEY, AND CITY MANAGER Mayor Carbone reported that her Mayor’s Report was distributed via email, the topics of water and affordable housing were discussed at the MPCC Leadership Luncheon, the amount of $15,000 raised at the Shuman Heart House Fundraising event, and announced the Indigenous Peoples Day event will be held at the Art Park on Saturday, October 15, 2022.
City Manager Norgaard announced that the new temporary employee Megan Mock will be starting on October 11, 2022, and reported on the South of Tioga demolition, restriping of Ortiz Avenue, the rebid for the Calabrese Park project, and the receipt of a merit award to Sand City for the Vibrancy Plan that was awarded by the California Chapter of the American Planning Association.
AGENDA ITEM 5, COMMUNICATIONS
5:38 P.M. Floor opened for Public Comment.
6 Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 10.04.22 Regular Meeting
There were no comments from the Public in person, via writing or through telecommunications.
5:39 P.M. Floor closed to Public Comment.
AGENDA ITEM 6, CONSENT CALENDAR
6A. There was no discussion of the September 20, 2022 Council Meeting Minutes 6B. There was no discussion of the City/Successor Agency Monthly Financial Report, July 2022.
6C. There was no discussion of the City Resolution authorizing the Extension of Remote Teleconference Meetings of the City Council and Boards, Commissions, and Committees for the Period of October 5, 2022 through November 4, 2022 pursuant to AB 361 and Ralph M. Brown Act Provisions
6D. There was no discussion of the City donation/contribution to the Salvation Army Thanksgiving Meals for $300.
Motion to approve the Consent Calendar was made by Council Member Blackwelder, seconded by Council Member Hawthorne. Roll call Vote AYES: Council Members Blackwelder, Carbone, Cruz, Hawthorne, Sofer. NOES: None. ABSENT: None. ABSTAIN:
None. Motion carried.
AGENDA ITEM 7, CONSIDERATION OF ITEMS PULLED FROM CONSENT CALENDAR There were no items pulled from the Consent Calendar.
AGENDA ITEM 8, PRESENTATIONS
8A. Report and Update by Josh Stratton, External Affairs Manager of California American Water (10 minutes)
Josh Stratton, California American Water’s External Affairs Manager reported on the drought conditions, current water needs, the application for a desalination plant project, conditions of present water supply, and the need to draw water from different sources. He encouraged and promoted recycling, reported on the demand for 9,700 af of water, and is hopeful that the expansion of the Monterey 1 Water Supply project will provide adequate water. Mr. Stratton explained the slant well technology, announced the upcoming Coastal Commission Hearing on November 17th, and Cal-Am’s tiered rate structure that facilitates low to moderate income wage earners.
Mr. Stratton addressed questions from the Council regarding the proposed desalination plant project and the need to look into future water needs for the Peninsula.
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5:52 P.M. Floor opened for Public Comment.
Sand City resident Michael Morris commented on Pure Water Monterey’s ability to provide enough water and inquired on what would Cal-Am do if there was no need for a surplus of water.
Cal-Am Director of Operations Chris Cook responded to Mr. Morris’ inquiry and explained the two components of the supply and demand side for water, RHNA numbers, and community demand.
Mr. Morris expressed his appreciation for the update and clarification. 5:59 P.M. Floor closed to Public Comment.
The Mayor thanked Mr. Stratton and Mr. Cook for the presentation. 8B. Presentation by Laura Emmons, Emergency Services Planner of the Monterey County Office of Emergency Services on the Monterey County MultiJurisdictional Hazard Mitigation Plan 1) Consideration and Approval of City RESOLUTION Adopting the 2022 Monterey County Multi-Jurisdictional Hazard Mitigation Plan Laura Emmons, Emergency Services Planner of the Monterey County Office of Emergency Services reported on the 3rd update of the 2022 Hazard Mitigation Plan, timeline of review by Cal OES and FEMA, and noted that Annex K of the Hazard Mitigation Plan applies to Sand City. She also reported that updates were provided to address the community profile, processes, and actions.
In response to inquiries from the Council on whether the Hazard Mitigation Plan addressed ingress and egress along Highway 1, Ms. Emmons responded that it provides for other alternative routes, and is similar to a disaster plan. 6:10 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.
Ms. Emmons also provided information to the Council regarding the differences between the 2016 and 2022 plan.
Police Chief Ferrante added that the plan was updated to reflect relevant mitigation measures to address earthquakes and drought. 8 Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 10.04.22 Regular Meeting
Motion to approve the City Resolution adopting the 2022 Monterey County Multi-Jurisdictional Hazard Mitigation Plan was made by Council Member Blackwelder, seconded by Council Member Hawthorne. Roll call Vote AYES:
Council Members Blackwelder, Carbone, Cruz, Hawthorne, Sofer. NOES: None.
ABSENT: None. ABSTAIN: None. Motion carried.
AGENDA ITEM 9, NEW BUSINESS
9A. Discussion of Administrative Draft of Parking Plan
City Planner Charles Pooler provided a PowerPoint of the Administrative Draft of the Parking Plan that depicted eight Chapters and several topical points that included hypothetical scenarios regarding moderate and high land use shifts in Chapter 3, parking opportunity locations within the City in Chapter 4, parking concepts and finance mechanisms contained in Chapter 5, parking management programs in Chapter 6, and revisions to parking regulations to include proposed modifications to the City municipal code. Mr. Pooler also explained AB 2097, a new law that prohibits public agencies from imposing minimum parking requirements for uses located within half a mile of public transit and how it would affect Sand City.
City Manager Norgaard provided insight on how AB 2097 may not apply to Sand City.
Interim City Attorney Lindgren explained components of the Bill related to State control of housing.
EMC President Michael Groves reported on his professional analysis of AB 2097, how it relates to public transportation at the shopping center, bus routes that would need to run in 15-minute intervals, and that it would require a rapid transit bus station.
The Council discussed the parking issues currently present within the City, suggested several locations that can possibly be used, permitted parking, and costs for adding additional parking.
City Manager Norgaard suggested that the City Engineer can provide a cost estimate and that can be included in the Capital Improvement Program.
Mr. Pooler mentioned that it took the City of Monterey approximately 20 years to save and construct one of their parking garages.
7:06 P.M. Floor opened for Public Comment.
Michael Groves, President of EMC Planning Group commented that garages are a huge undertaking, that parking companies will sign on a public-private partnership, and explained how the financing and lease agreements are traditionally acquired.
Council Member Hawthorne suggested the purchase of the Dr. Kay property for the purpose of constructing a parking garage.
9 Joint Sand City Council and Successor Agency of the Redevelopment Agency Minutes 10.04.22 Regular Meeting
City Manager Norgaard thanked Mr. Groves, staff, and EMC for preparing the Parking Plan.
7:12 P.M. Floor closed to Public Comment.
There was Council discussion regarding City streets that can be converted into additional parking, whether the TAMC right of way would provide feasible parking.
Council member Sofer thanked Mr. Pooler for the hard work and effort in putting together the presentation.
Mr. Pooler commended Michael Groves and his staff at EMC Planning Group.
Mayor Carbone praised everyone for their hard work.
9B. Comments by Council Member on Items of Interest to Sand City Council Member Hawthorne reported on his attendance at the TAMC meeting and that the bus line will not be going through Sand City.
Council Member Sofer mentioned the TAMC Bike meeting that will be held on Wednesday, October 5, 2022 at 6:00 p.m., her attendance at the In-Home Social Services meeting, and new services that the library provides to people with disabilities.
Mayor Carbone announced that an email was sent to the Council for anyone who would be interested in serving on the League Policy Committee. 9C. Upcoming Meetings/Events
Mayor Carbone reminded the Council of the Indigenous Peoples Day Celebration at the Art Park.
AGENDA ITEM 10, ADJOURNMENT
There was consensus of the Council to adjourn the meeting at 7:27 p.m. to the next regularly scheduled Council meeting on Tuesday, October 18, 2022 at 5:30 p.m. _________________________
Connie Horca, City Clerk
10 AGENDA ITEM
6B.
Acceptance of City RESOLUTION October
2022 as National Domestic Violence
Month
11 CITY OF SAND CITY
RESOLUTION SC ___, 2022
RESOLUTION OF THE CITY COUNCIL OF SAND CITY RECOGNIZING OCTOBER 2022 AS NATIONAL DOMESTIC VIOLENCE AWARENESS MONTH
WHEREAS, in 1989, October was first declared as National Domestic Violence Month and has been a time to acknowledge domestic violence survivors; and WHEREAS, domestic violence affects all people, regardless of age, gender, race, nationality, religion or socio-economic status, and is often accompanied by emotionally abusive and controlling behavior and a larger systematic pattern of control and dominance; and
WHEREAS, an average of 20 people worldwide are physically abused every minute by intimate partners, equating to 10 million individuals that are a victim of abuse annually, and often resulting in lives that are lived in daily silent fear within their own homes; and WHEREAS, every year millions of children are exposed to domestic violence, frequently affecting persons residing in a home with negative effects to their emotional well-being, academic performance, and social interactions; and
WHEREAS, domestic violence can result in devastating consequences such as physical injury, psychological trauma, death, and can often cross generations and last a lifetime.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Sand City does hereby recognize October, 2022 as National Domestic Violence Awareness Month.
PASSED AND ADOPTED by the City Council of the City of Sand City this ___, day of October, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
___________________________
Mary Ann Carbone, Mayor
ATTEST:
__________________________
Connie Horca, City Clerk
12 AGENDA ITEM
8A.
Consideration and Approval of FIRST
READING: City ORDINANCE Amending
Title 15 of the Sand City Municipal Code to
Adopt the 2022 California Building Code
and Appendices H and J; the 2022
California Historical Building Code; the
2022 California Existing Building Code; the
2022 California Residential Code; the 2022
California Plumbing Code; the 2022
California Electrical Code; the 2022
Mechanical Code; the 2022 California
Green Building Standards Code; the 2022
California Energy Code; the 2022
13 California Fire Code; and the 2021
International Property Maintenance Code
14 CITY OF SAND CITY
STAFF REPORT
October 18, 2022
TO: Mayor and City Council
FROM: John Kuehl CBO, City Building Official
SUBJECT: Formal Adoption of the 2022 California Building and Related Codes
BACKGROUND
The State of California adopted updated editions of the California Building Standards Code (inclusive of the Building Code, Fire Code, Historical Building Code, Existing Building Code, Residential Code, Plumbing Code, Electrical Code, Mechanical Code, Green Building Code, and International Property Maintenance Code) that become effective on January 1, 2023. These codes must be implemented by county and municipal governments throughout California as of that date. Following the State’s adoption of updated Building Standard Codes, the City adopts an ordinance to amend and update Title 15 of the Sand City Municipal Code (the “SCMC”) to be consistent with the updated California Code. The following is a list of the updated California codes to be adopted and incorporated into the SCMC:
California Building Code & Appendix Chapters H and J; 2022 ed.
California Historic Building Code, 2022 ed.;
California Existing Building Code, 2022 ed.;
California Residential Code, 2022 ed.;
California Plumbing Code, 2022 ed.;
California Electrical Code, 2022 ed.;
California Mechanical Code, 2022 ed.;
California Green Building Standards Code, 2022 ed.;
California Energy Code, 2022 ed;
California Fire Code; 2022 ed.;
International Property Maintenance Codes, 2021 ed.;
DISCUSSION
The California Building Standards comprising codes regulating building, fire, electrical, plumbing, and mechanical conditions are revised on a multi-year cycle. In January 2022, the State adopted and approved the 2022 Edition of the Building Standards Codes, also known as the California Codes. These codes were published July 1, 2022 and will become effective January 1, 2023 (and are known as the 2022 Edition of the California Codes). All local jurisdictions in California are mandated to begin enforcement of these new codes and standards by January 1, 2023.
Typically, and in accordance with state law, local jurisdictions incorporate additional regulations that address special circumstances in the community or area provided. Such 15 special regulations are based on geographical, topographical, climatic, or environmental findings. City staff has developed and incorporated a few local amendments to the model codes. These amendments are consistent with past code adoptions and staff is not proposing any new amendments. There were some amendments that have been removed. The deletions are not necessary as the California Codes have incorporated these previous amendments into the new codes.
Council could choose to adopt the new 2022 Edition of the Building Standards Codes with no changes. However, the amendments are necessary to address local conditions.
Similar amendments are believed to be appropriate for structures in Pacific Grove. For each amendment to be effective, they must be adopted by the City Council along with the model codes that have been adopted by the state.
The proposed Ordinance is exempt from environmental review, per the provisions of Section 15061(b)(3) of the California Environmental Quality Act of 1970 (“CEQA”), as amended. The Ordinance does not have the potential to cause a significant effect on the environment because the Building Codes ensure that property improvements meet the State of California’s health and safety requirements. New property improvements undergo their own environmental clearance when proposed.
RECOMMENDATION
Staff recommends that the City Council approve a first reading of the attached draft ordinance, to update and amend related sections of Title 15 of the Sand City Municipal Code for 1) consistency and compliance with the State of California, 2) consistency with the service contract between Sand City and Monterey, and 3) incorporate amendments that are specific to Sand City’s local climate, geology, and topographical conditions as allowed by California Health and Safety Code Sections 17958, 17958.5, and 17958.7.
Second reading should follow on the next Council Meeting as a public hearing item. This ordinance would then be effective on January 1, 2023 in accordance with State law.
Attachments:
1. Draft Ordinance (for first reading) to Amend Title 15 of the City’s Municipal Code
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26 AGENDA ITEM
9A.
Consideration and Approval of City
RESOLUTION Authorizing the City
Manager to Enter into a Contract
Agreement with EMC Planning Group, Inc.
to Prepare the 6th Cycle Housing Element
Update and Related CEQA Review for the
City of Sand City
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9B.
Comments by Council Members on Items
of Interest to Sand City
86 AGENDA ITEM
9C.
Upcoming Meetings/Events
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