REGULAR MEETING
JOINT SAND CITY COUNCIL AND
SUCCESSOR AGENCY OF THE
REDEVELOPMENT AGENCY
TUESDAY, JANUARY 16, 2024
5:30 PM
1 AGENDA
JOINT SAND CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
Regular Meeting - Tuesday, January 16, 2024
5:30 PM
THIS MEETING WILL BE HELD VIRTUALLY AND IN PERSON, IS COMPLIANT WITH ASSEMBLY BILL (“AB”) 2449, SIGNED INTO LAW ON SEPTEMBER 13, 2022, WHICH AMENDS GOVERNMENT CODE SECTION 54953 TO PROVIDE AUTHORITY FOR PUBLIC
AGENCIES TO CONTINUE TO HOLD VIRTUAL MEETINGS 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 Chamber
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 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. Approve the City Council Regular Meeting Minutes for December 5, 2023.
Minutes
6B. Approve a Resolution Accepting a Gift of Land From DBO Development No. 30, LLC Located Within Sand City, APN 011-011-051
Staff Report
Aerial Photo APN 011-011-051
Resolution
7. CONSIDERATION OF ITEMS PULLED FROM CONSENT CALENDAR
8. PRESENTATION
8A. Presentation of Certificates to Volunteers and Supporters of the 2023 West End Celebration
9. PUBLIC HEARING
9A. First Reading of an Ordinance Adding Chapters 1.20 and 1.22, "Administrative Enforcement" and "Administrative Citations" to the Sand City Municipal Code Staff Report
Draft Ordinance
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.
3 9B. Approve a Resolution Amending the Planning and Building Department Master Fee Schedule
Staff Report
Resolution
Exhibit A 2024 Draft Master Fee Schedule
Exhibit B 2015 Fee Schedule
Exhibit C 1997 Building Fee Schedule
10. NEW BUSINESS
10A. Approve a Resolution Approving Conditional Use Permit (CUP 23-006) for the Wonderwall Boutique Hotel at 1714 Contra Costa Street This item was continued from December 19, 2023 and Staff proposes continuation to February 6, 2024.
Staff Report
Resolution
EXHIBIT A Conditions of Approval
EXHIBIT B Findings of Approval
EXHIBIT C Location Map
EXHIBIT D Aerial Map
EXHIBIT E Site Plan
EXHIBIT F Site Photos
Exhibit G HazMat Questionnaire
Exhibit H Letter of Intent
10B. Discussion and Direction Regarding a Possible Ordinance Amending Title 2, Chapter 2.08, Section 2.08.010 to Increase the Salary for the City Council and Mayor
Staff Report
Draft Ordinance
11. COMMENTS BY COUNCILMEMBERS ON ITEMS OF INTEREST TO SAND CITY
12. CLOSED SESSION
13. 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.
Approve the City Council Regular Meeting
Minutes for December 5, 2023.
5 1
MINUTES
JOINT SAND CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
Regular Meeting - Tuesday, December 5, 2023
5:30 PM
Mayor Carbone called the meeting to order at 5:30 PM.
1. ROLL CALL
Present: Mayor Carbone
Vice Mayor Blackwelder
Councilmember Diaz
Councilmember Hawthorne
Councilmember Sofer
Staff: City Manager Vibeke Norgaard
Police Chief David Honda
Interim City Attorney Adam Lindgren
City Clerk Kerry Lindstrom
2. PLEDGE OF ALLEGIANCE
Police Chief David Honda led the Pledge of Allegiance.
3. INVOCATION
Reverand Hellam led the invocation.
4. ANNOUNCEMENT BY MAYOR, CITY ATTORNEY, AND CITY MANAGER Mayor Carbone announced copies of the Mayor’s Report and various handouts were placed on the table in the Council Chamber for the public. City Manager Vibeke Norgaard stated she provided the Council with a written City Manager’s Report and made it available to the public. Interim City Attorney Adam Lindgren announced he will bring an update in January to Council on the new laws for 2024.
5. COMMUNICATIONS
Public comment was received from Brian Clark and Josh.
6. CONSENT CALENDAR
No public comment received.
Upon motion by Councilmember Hawthorne and seconded by Councilmember Sofer, Council voted to approve the Consent Calendar.
Motion carried 5-0 by the following vote:
AYES: Mayor Carbone, Vice Mayor Blackwelder, Councilmembers Diaz, Hawthorne, and Sofer.
NOES: None.
ABSENT: None.
ABSTAIN: None.
6 2
6A. Approved the City Council Regular Meeting Minutes for November 7, 2023.
6B. Approved Resolution JPFA 23-01 of the Joint Powers Financing Authority Confirming its Officers.
6C. Held Second Reading and adopted Ordinance SC 23-03 adding Chapter 13.07 the Law Enforcement Military Equipment Funding, Acquisition, and Use Ordinance.
6D. Approved Resolution SA 23-02 of the Sand City Successor Agency Authorizing the Executive Director to Execute a First Amendment to ProfessionalServices Agreement Between Sand City Successor Agency and RSG, Inc.
7. CONSIDERATION OF ITEMS PULLED FROM CONSENT CALENDAR
No items were pulled.
8. PRESENTATION
Public comment received from Michael Groves.
8A. Received Monterey-Salinas Transit Update.
9. PUBLIC HEARING
9A. First Reading of an Ordinance granting to the California-American Water Company a Determinate Franchise to construct, maintain and use pipes and appurtenances, necessary or proper for transmitting water under, along, across or upon the public streets within the City of Sand City.
No public comment received.
Upon motion by Councilmember Hawthorne and seconded by Vice Mayor Blackwelder, Council waived reading of the ordinance in full and read by title only.
Motion carried 5-0, by the following vote:
AYES: Mayor Carbone, Vice Mayor Blackwelder, Councilmembers Diaz, Hawthorne, and Sofer.
NOES: None.
ABSENT: None.
ABSTAIN: None.
Upon motion by Vice Mayor Blackwelder and seconded by Councilmember Hawthorne, Council introduced and held first reading of an ordinance granting to the California-American Water Company a Determinate Franchise to construct, maintain and use pipes and appurtenances, necessary or proper for transmitting water under, along, across or upon the public streets within the City of Sand City. 7 3
Motion carried 5-0 by the following vote:
AYES: Mayor Carbone, Vice Mayor Blackwelder, Councilmembers Diaz, Hawthorne, and Sofer.
NOES: None.
ABSENT: None.
ABSTAIN: None.
9B. First Reading of an Ordinance Adding Chapter 18.100 to the Zoning Code Relating to Wireless Telecommunications Facilities Setting New Locational Requirements and Development Standards
No public comment received.
Upon motion by Vice Mayor Blackwelder and seconded by Councilmember Hawthorne, Council waived reading of the ordinance in full and read by title only.
Motion carried 5-0, by the following vote:
AYES: Mayor Carbone, Vice Mayor Blackwelder, Councilmembers Diaz, Hawthorne, and Sofer.
NOES: None.
ABSENT: None.
ABSTAIN: None.
Upon motion by Councilmember Hawthorne and seconded by
Councilmember Sofer, Council held first reading of an ordinance adding Chapter 18.100 to the Zoning Code relating to Wireless
Telecommunications Facilities setting new locational requirements and development standards.
Motion carried 5-0, by the following vote:
AYES: Mayor Carbone, Vice Mayor Blackwelder, Councilmembers Diaz, Hawthorne, and Sofer.
NOES: None.
ABSENT: None.
ABSTAIN: None.
10. NEW BUSINESS
10A. Discussion regarding whether the City Council should direct staff to draft an ordinance to:
1. Limit the hours of use of gas powered leaf blowers in Sand City; or
2. Ban the use of gas powered leaf blowers in the City.
No public comment received.
Council discussed and directed staff to review and update the current noise 8 4
ordinance in particular starting with time limits.
10B. Approve a Resolution of the Sand City Successor Agency Approving the Recognized Obligation Payment Schedule (ROPS 24-25) and Administrative Budget for the Period July 1, 2024 Through June 30, 2025 No public comment received.
Upon motion by Councilmember Sofer and seconded by Councilmember Diaz, Council voted to approve Resolution SA 23-03 of the Sand City Successor Agency approving the Recognized Obligation Payment Schedule (ROPS 24-25) and Administrative Budget for the period July 1, 2024 through June 30, 2025.
Motion carried 5-0 by the following vote:
AYES: Mayor Carbone, Vice Mayor Blackwelder, Councilmembers Diaz, Hawthorne, and Sofer.
NOES: None.
ABSENT: None.
ABSTAIN: None.
11. COMMENTS BY COUNCILMEMBERS ON ITEMS OF INTEREST TO THE CITY Mayor Carbone reminded all of the Tree Lighting Ceremony on December 8, 2023 at 6 PM and of the Toy Drive on December 16, 2023.
12. ADJOURNMENT
Council adjourned the meeting at approximately 7:00 PM. ____________________________
Kerry Lindstrom, City Clerk
9 AGENDA ITEM
6B.
Approve a Resolution Accepting a Gift of
Land From DBO Development No. 30, LLC
Located Within Sand City, APN 011-011-
051
10 City of Sand City
STAFF REPORT
TO: Honorable Mayor and City Council
FROM: Vibeke Norgaard, City Manager
SUBJECT: Accepting a Gift of Land from DBO Development No. 30 DATE: January 16, 2024
_______________________________________________________________________ DISCUSSION: DBO Development No. 30 has offered to donate to Sand City an approximately 2657 square foot parcel it owns near the intersection of Playa and California in Sand City. (Depicted on Exhibit attached hereto). In connection with the MST SURF Bus project proposal, City staff, and MST consultants analyzed this intersection for a potential roundabout. While the determination was made that the roundabout would not provide the best traffic flows at this point in time, the City’s traffic engineer determined that if a roundabout is built in the future in the City of Seaside at Del Monte and California, a roundabout at Playa and California Avenues would have positive impacts on traffic flows. The ownership of this parcel by the City would be key to constructing a roundabout at this intersection, as well as to obtain grant funds to do so.
CEQA: This action does not constitute a "project" as defined by the California Environmental Quality Act (CEQA) guidelines section 15378.
FISCAL IMPACT: There is no fiscal impact associated with the acceptance of the real property – DBO 30 is donating this to the City.
RECOMMENDATION: Approve the attached resolution and accept the donation of APN 011-011-051.
ATTACHMENTS:
1. Image showing location of APN 011-011-051
2. Resolution
11 DBO Land Near Intersection of Playa Ave. And California Ave. 0 100 feet
Parcel 011-011-051 Source: Monterey County GIS 2024, Google Earth 2024 (2657.06 Square Feet)
Lucky's Grocery
Store
McDonalds
Playa Ave.
California Ave.
Del Monte
Blvd.
TAMC
Railroad Corridor
12 CITY OF SAND CITY
RESOLUTION SC 24-___, 2024
RESOLUTION OF CITY COUNCIL OF THE CITY OF SAND CITY ACCEPTING A GIFT OF LAND FROM DBO DEVELOPMENT NO. 30, LLC LOCATED WITHIN SAND CITY, APN 011-011-051.
The City Council finds:
WHEREAS, pursuant to California Government Code section 37354, the City of Sand City ("City'') is authorized to accept gifts of real and personal property for any public purpose;
WHEREAS, DBO Development No. 30, LLC, desires to provide a gift to the City in the form of land located within Sand City, APN 011-011-051 (“Property”); WHEREAS, the City Council finds that it is appropriate to accept the unconditional gift offered as set forth below;
WHEREAS, before accepting any acquisition of real property, Government Code section 65402 requires the proposed acquisition to be reviewed by the Planning Commission to determine its consistency with the General Plan; WHEREAS, the City Council has considered the Property’s conformance with the City’s General Plan and determined its consistency.
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby accepts the gift from DBO Development No. 30, LLC of the land located in Sand City, APN 011-011-051, subject to execution by the City Manager, who is hereby authorized to execute, and approval as to form by the City Attorney, of any and all documents required to effectuate the transfer to the City.
Passed, approved, and adopted by the City Council in a meeting thereof held on January 16th, 2024 by the following:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
___________________________
Mary Ann Carbone, Mayor
ATTEST:
DATED: ____________________
13 ___________________________
Kerry Lindstrom, City Clerk
5572611.1
14 AGENDA ITEM
8A.
Presentation of Certificates to Volunteers
and Supporters of the 2023 West End
Celebration
15 AGENDA ITEM
9A.
First Reading of an Ordinance Adding
Chapters 1.20 and 1.22,"Administrative
Enforcement" and "Administrative
Citations" to the Sand City Municipal Code
16 City of Sand City
STAFF REPORT
TO: Honorable Mayor and City Council
FROM: Vibeke Norgaard, City Manager and Adam Lindgren, City Attorney SUBJECT: Ordinance of the City of Sand City Adding Chapter 1.20 and 1.22 to the Sand City Municipal Code Regarding Code Enforcement.
DATE: January 16, 2024
_______________________________________________________________________ BACKGROUND/DISCUSSION:
To enforce violations of the City’s Municipal and other Uniform Codes more effectively, staff recommends incorporating administrative enforcement tools into the City’s Municipal Code. To accomplish this, the following two chapters are proposed to be added to Title 1:
“Administrative Enforcement,” and “Administrative Citations.” The Sand City Municipal Code (SCMC) currently provides that any Municipal Code violation is considered a “wobbler”, meaning that a violation of any provision of the SCMC may be charged and prosecuted as either an infraction or misdemeanor. As an enforcement tool, a misdemeanors is a fairly severe form of prosecution and burdensome to administer. Infractions are usually a preferable option to misdemeanor enforcement as they carry less severe punishments (fine vs. jail time) and are less administratively burdensome than misdemeanors. Infractions may be fully prosecuted following an arrest, but peace officers may also issue a citation when an infraction is a violation of a local ordinance or municipal code. The resulting citation may be processed by the Traffic Court in the Monterey County Superior Court, in the same manner as traffic citations. The court will impose the fines, referred to as “bail,” that a city has on file with the court.
Local agencies sometimes use an administrative citation process to enforce violations of municipal codes or agency ordinances, including real property nuisances. The City currently has an ordinance regulating real property nuisances in Chapter 15.20 of the SCMC. The proposed administrative process avoids the need for appeals to the City Council, ideally allowing violations to be handled more quickly and without the burden and expense involved in a proceeding before the City Council and the courts.
The SCMC contains a number of means of enforcing provisions of the Municipal Code and City ordinance but does not currently provide for an administrative citation process.
Generally, the mechanics of enforcement would be as follows. Authorized staff would be authorized to issue an administrative citation for violations of the SCMC, including the imposition of a fine as set forth in the ordinance. The person cited may then either correct the violation and pay the fine within thirty (30) days or request a hearing.
Payment of the fine is a precondition to obtaining a hearing, except that the recipient of the citation may request a hardship waiver (per State law). 17 If the person cited requests a hearing, they would present their case in front of a neutral hearing officer designated by the City Manager. A hearing officer is typically an impartial person familiar with mediation procedures and/or municipal laws and regulations. If the citation is upheld at the hearing, fines may be imposed as a remedy. After the hearing, if the hearing officer does not uphold the citation, then the fine on deposit would be returned. If the citation is upheld, the fine amount on deposit shall be retained by the City.
The failure of the recipient of an administrative citation to appear at the administrative citation hearing constitutes a forfeiture of the fine and a failure to exhaust their administrative remedies. The recipient of the citation, if dissatisfied with the result of the administrative hearing officer’s decision, may appeal the decision to the superior court.
Based on our experience with other cities that use a similar process, judicial appeals are rare.
The benefits of this approach are to decrease the amount of administrative process required to seek compliance with local law and the elimination of appeals to the City Council. Instead, appeals would be heard by a hearing officer, with ultimate appeal to the courts. Some enforcement matters might still be appropriate for resolution by the City Council, such as those provided in Chapter 15 for nuisance conditions.
CEQA:
The City Council of Sand City finds that this Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Section 15061(b)(3) of Title 14 of the California Environmental Code of Regulations because it can be seen with certainty that there is no possibility that this ordinance will have a significant negative effect on the environment.
FISCAL IMPACT:
The City has allocated $5,300.00 to Code Enforcement in the FY 2023-24 budget.
RECOMMENDATION:
Introduce and hold first reading, by title only, an ordinance adding Sand City Municipal Code Chapters Chapter 1.20 and 1.22 regarding Code Enforcement Procedures.
ATTACHMENTS:
1. Draft Ordinance
18 CITY OF SAND CITY
ORDINANCE NO. SC 24-____, 2024
AN ORDINANCE OF THE CITY COUNCIL OF SAND CITY ADDING CHAPTERS 1.20 AND 1.22, “ADMINISTRATIVE ENFORCEMENT” AND “ADMINISTRATIVE CITATIONS” TO THE SAND CITY MUNICIPAL CODE
WHEREAS, Chapters 1.16 and 15.20 of the Sand City Municipal Code (hereafter “Code”)both contain provisions related to enforcement of the Municipal Code and other local laws, including but not limited criminal, civil and administrative enforcement options for violations; and
WHEREAS, among the tools available for enforcement of the Code and other local laws are the issuance of administrative citations and administrative hearing processes; and WHEREAS, the City of Sand City (hereafter “City”) has the authority to make violations of its ordinances subject to an administrative fine or penalty under Government Code sections 53069.4 and 36901; and
WHEREAS, the City wishes that a violation of any provision of the Code or other City laws may be cited or charged and prosecuted as either an infraction or misdemeanor, and an administrative enforcement process; and
WHEREAS, the City wishes to enact additional administrative procedures that may be used to obtain compliance with the Code and other City laws through the imposition, enforcement, collection, and administrative review of administrative fines or penalties.
NOW, THEREFORE, the City Council of the City of Sand City does ordain as follows:
ADDITION OF CHAPTER 1.20
Chapter 1.20, Administrative Enforcement, of the Sand City Municipal Code is added to read in its entirety as follows:
1.20 Administrative Enforcement
1.20.010 Authority of code enforcement officer.
1.20.020 Imposition of penalties.
1.20.030 Payment and collection of penalty.
1.20.040 Judicial review.
1.20.050 Recovery of costs of abatement.
1.20.060 Cost accounts.
1.20.070 Imposition of liens or special assessments.
SECTION 1.20.010 Authority of Code Enforcement Officer. 19 A code enforcement officer shall have the authority to gain compliance with this code, including the power to issue a notice of violation (“NOV”) or an administrative citation as described in this Title 1, the power to inspect public and private property, the power to record a notice of violation against any affected property, and the power to carry out the provisions of an abatement order.
SECTION 1.20.020 Imposition of Penalties
Any nuisance condition or violation of any provision of this code, including a failure to comply with a term or condition imposed by any agreement, entitlement, permit, license or environmental document issued or approved by or on behalf of the city, or a failure to comply with any county, state or federal law, may subject the responsible party to a penalty imposed pursuant to the city’s general police powers, and/or Government Code Sections 36901 and 53069.4. Whether to impose a penalty shall be within the discretion of the city manager or their designee.
A. The amount of any penalty that may be imposed for a violation that would otherwise be an infraction shall not exceed one hundred dollars ($100) for a first violation, two hundred dollars ($200) for a second violation of the same ordinance within one year, and five hundred dollars ($500) for each additional violation of the same ordinance within one year.
In determining the amount of a penalty, the following factors should be taken into consideration:
1. Duration of the violation;
2. Frequency, re-occurrence, or number of violations by the same person;
3. Seriousness of the violation and/or its impact on the community and/or the degree of culpability of the responsible party;
4. Justification, if any, for the existence, or continuance, of the violation;
5. Whether the violation is susceptible to restoration or other mitigation;
6. Good faith efforts to mitigate the violation or to come into compliance, pursuant to the terms of the NOV or abatement order;
7. Sensitivity of any affected resource;
8. Any profits or other economic benefit realized by the responsible party resulting, directly or indirectly, from the violation;
9. The city’s schedule of administrative penalties currently existing or subsequently enacted; and
20 10. Such other factors as justice may require.
B. Each and every day during any portion of which a nuisance condition exists or continues may be deemed a separate and distinct violation for purposes of setting the amount of penalty to be imposed. Any penalty imposed will accrue on a daily basis from the date the penalty becomes effective until the violation is corrected.
C. Any penalty amount is a debt owed to the city. In addition to all other means of enforcement, a penalty may be enforced as a personal obligation of the responsible party. If the violation is in connection with real property, a penalty may also be enforced by imposition of a lien or special assessment upon the real property, as described in this chapter. Any lien or special assessment imposed upon real property shall remain in effect until the penalty is paid in full.
D. The hearing officer, in his or her discretion, may suspend the imposition of any applicable penalty for a period of time not to exceed sixty (60) days during which the responsible party has demonstrated a willingness to correct the violations listed in the NOV or comply with an abatement order, or has applied for permits required to achieve compliance and such permit applications are actively pending before, or have already been issued by, the city, state, or other appropriate governmental agency, or under any other circumstances that would justify a suspension of the penalty.
SECTION 1.20.030 Payment and Collection of Penalty
A. If a penalty is imposed and the responsible party fails to appeal the penalty as specified in Section 1.22.070, the responsible party shall pay the amount of the penalty within thirty (30) days of the effective date of the penalty, unless an extension of time is requested by the party against whom the penalty is imposed and the request is granted by the city manager or their designee. Any penalty imposed shall be payable to the city, or to a collection agency if the penalty has been assigned to a collection agency pursuant to subsection C. of this section.
B. If the amount of any penalty imposed for a violation relating to an affected property has not been satisfied in full within sixty (60) days of the date due and has not been successfully challenged by appeal or in court, the penalty amount may become a special assessment or lien against the affected property, as provided in Section
1.20.070. If the city elects to make any penalty a special assessment or lien against the affected property, a statement of the amount due, and any additional costs or expenses that may be recoverable as part of the enforcement action, shall be prepared and submitted to the city council for confirmation in accordance with the procedures described in Section 1.20.060.
C. Notwithstanding subsection B. of this section, the amount of any unpaid penalty may be collected by commencement of a civil action to collect such penalty, or in any other manner provided by law for the collection of debts, including assignment of the debt to a 21 collection agency. Subject to the requirements of Chapters 1.20 through 1.22 and other applicable law, amounts assigned for collection are subject to collection agency rules, regulations and policies. The city shall be entitled to recover any and all costs associated with collection of any such penalty.
D. The payment of a penalty by or on behalf of any responsible party shall not relieve such party from the responsibility of correcting, removing or abating the nuisance condition, or performing restoration where required, nor prevent further proceedings under Chapters 1.20 through 1.22 or any other authority to achieve the correction, removal or abatement of the nuisance, or any required restoration.
SECTION 1.20.040 Judicial Review
A. Any responsible party who is aggrieved by a decision of a hearing officer, or of a board, commission, department, agency, or person authorized to render such a decision on behalf of the city pursuant to this Code, and who has exhausted the administrative remedies provided in this code, or any other applicable law, shall have the right to seek judicial review of such decision by filing a petition for writ of mandate in accordance with Code of Civil Procedure Section 1094.5. A petition for writ of mandate must be filed within ninety days after the administrative decision becomes final (as determined in Code of Civil Procedure Section 1094.6). Notwithstanding these time limits, where a shorter time limitation is provided by any other law, including that set forth in Government Code Section 53069.4 (see subsection E. of this section), such shorter time limit shall apply.
B. This section shall not be deemed to revive any cause of action or grounds for relief through a special proceeding that is barred by law or equity.
C. All costs of preparing an administrative record that may be recovered by a local agency pursuant to Code of Civil Procedure Section 1094.5(a) or successor statute shall be paid by the petitioner prior to delivery of the record to petitioner.
D. Any responsible party against whom a penalty has been imposed and who has exhausted the administrative remedies provided in this code or other applicable law may obtain judicial review of said penalty pursuant to Government Code Section 53069.4 by filing an appeal with the Monterey County superior court, subject to the time limits described therein. Any such appeal shall be filed as a limited civil case.
SECTION 1.20.050 Recovery of Costs of Abatement
The city may elect to recover its costs to abate nuisance conditions or other code violations, including, without limitation, the costs of any appeal hearing, any reinspections required to determine or confirm that compliance has been achieved, production of all staff reports, environmental tests or measurements that are deemed necessary or appropriate by the code enforcement officer, third party inspection(s) or consultant services as deemed necessary by the city and any attorneys’ fees incurred in 22 pursuing enforcement. If the city elects at the initiation of an administrative enforcement action or proceeding to seek recovery of attorneys’ fees, pursuant to Government Code Section 38773.5(b), then the prevailing party shall be entitled to recover attorneys’ fees in an amount not to exceed the amount of attorneys’ fees incurred by the city in such action. Recovery by the city of the costs of enforcement shall be in addition to any penalty imposed on the responsible party.
SECTION 1.20.060 Cost Accounts
A. If any order authorizes the city to abate a nuisance condition or other code violations, the city official responsible for such abatement shall keep an accounting of the cost of abatement along with any other recoverable costs, and shall render a written report (“the cost report”) to the city council showing the cost of removing and/or abating the nuisance condition and describing the work performed. The cost report shall be agendized as a “public hearing” item by the city clerk at a subsequent city council meeting following the required notice periods.
B. At least ten (10) days prior to the submission of the cost report to the city council, the city clerk shall cause a copy of the cost report to be mailed to the responsible party and/or to the owner of the property where the nuisance condition existed. If the nuisance concerns real property, a copy of the cost report shall be mailed to the owner(s) at the address shown for such owner(s) in the most recent tax assessor’s records. The city clerk shall also cause a notice of hearing to be mailed to the same person(s) or entity receiving a copy of the cost report. The notice of hearing shall set forth the date, time and location of the city council meeting at which the cost report shall be submitted to the city council.
C. At the time and place fixed for receiving and considering the cost report, the city council shall hear a summary of the cost report and any objections by the responsible party or property owner against whom such costs are being charged or against whose property an abatement lien or special assessment may be imposed. After considering the cost report and any objections thereto, the city council may make such modifications to the cost report as it deems appropriate, after which the report may be confirmed by order of the city council.
D. At the hearing on the cost report, the city council may also authorize the imposition of a lien or special assessment on the property where the nuisance condition was abated by the city pursuant to this Code.
E. A copy of a council order confirming costs against the responsible party shall be served on the responsible party within ten days of such order. The notice shall be served personally or by United States mail, first-class postage prepaid, and, if by such mail, it shall be sent to the last known address listed on the most recent tax assessor’s records. In the case of personal service, service shall be deemed complete at the time of such delivery. In the case of service by first-class mail, service shall be deemed complete at the time of deposit into the United States mail. Where service is by first23 class mail, a copy of the notice shall also be conspicuously posted at the affected property when reasonably practicable for a period of not less than three calendar days prior to the first date that commencement of corrective action or abatement is to be undertaken. The failure to receive the notice sent via first-class mail shall not affect the validity of any enforcement proceedings under Chapters 1.20 through 1.22. Any responsible party against whom costs of abatement and any other costs are awarded by council order shall have the right to seek judicial review of such order by filing a petition for writ of mandate in accordance with Code of Civil Procedure Section 1094.5.
SECTION 1.20.070 Imposition of liens or special assessments.
A. Any penalty imposed for violations of this code, including any other codes or statutes that have been incorporated into this code, any administrative costs or other expenses of enforcement, and the cost or expenses associated with the abatement of a nuisance condition that are levied in accordance with Chapters 1.20 through 1.22, whether imposed or levied judicially or administratively, may be enforced by the recordation of a lien against the property of the owner of the real property where the nuisance condition existed. Any such lien shall be recorded in the office of the Monterey County recorder, and from the date of recording shall have the force, effect, and priority of a judgment lien. A lien authorized by this subsection shall specify the amount of the lien, that the lien is being imposed on behalf of the city, the date of the NOV and abatement order, the street address, legal description and assessor’s parcel number of the parcel on which the lien is imposed, and the name and address of the record owner of the parcel.
B. Before recordation of a lien authorized by this section, a notice of lien shall be served on the responsible party and/or owner of record of the parcel of land on which the nuisance existed, based on the last equalized assessment roll or the supplemental roll, whichever is more current. The notice of lien shall be served in the same manner as a summons in a civil action. If the owner of record cannot be found, after a diligent search, the notice of lien may be served by posting a copy thereof in a conspicuous place upon the property for a period of ten days and publication thereof in a newspaper of general circulation published in Monterey County.
C. Any fee imposed on the city by the county recorder for costs of processing and recording the lien as well as the cost of providing notice to the owner in the manner described herein may be recovered from the owner in any foreclosure action to enforce the lien or upon sale of the property on which the city has placed a lien following recordation.
D. As an alternative to the lien procedure described in this section, any penalty imposed for violations of this code, including any other codes or statutes that have been incorporated into this code, and any costs of enforcement or administration or expenses associated with the abatement of any nuisance levied in accordance with Chapters 1.20 through 1.22, whether imposed or levied judicially or administratively, may become a special assessment against the real property where the nuisance condition(s) existed.
Any special assessment imposed on real property pursuant to this section may be 24 collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as is provided for ordinary municipal taxes. Notice of any special assessment that is levied on real property pursuant to this section shall be given to the owner by certified mail, and shall contain the information set forth in Government Code Section 38773.5(c). All laws applicable to the levy, collection, and enforcement of municipal taxes, including those described in Government Code Section 38773.5(c), shall be applicable to such special assessment.”
ADDITION OF CHAPTER 1.22
Chapter 1.22, Administrative Citations, is added to the Sand City Municipal Code to read in its entirety as follows:
Chapter 1.22 Administrative Citations
1.22.010 Purpose and application.
1.22.020 Definitions.
1.22.030 Fines.
1.22.040 Contents of citation.
1.22.050 Service procedures.
1.22.060 Satisfaction of the administrative citation.
1.22.070 Appeal of the administrative citation.
1.22.080 Hearing procedure.
1.22.090 Hearing officer’s decision.
1.22.100 Collection of unpaid fines.
1.22.110 Right to judicial review.
SECTION 1.22.010 Purpose and application.
A. Any violation of this code may be redressed with an administrative citation through the proceedings set forth under this chapter, even if any other section of this code prescribes or permits a criminal, civil, or administrative fine or method of enforcement or redress different than that set forth in this chapter.
B. It is the intent of this chapter that an administrative procedure be established as provided under Government Code Section 53069.4 which may be applied to any violation of this code.
C. The proceedings set forth under this chapter shall not be exclusive and may be in addition to any other available criminal, civil, or administrative remedy established under this code or under applicable state law or otherwise. This chapter shall be used at the sole discretion of the city.
SECTION 1.22.020 Definitions.
25 A. “City Manager” shall mean the city manager of the City of Sand City or his or her designee.
B. “Code” means the City of Sand City Municipal Code, Building Code, Zoning Code, and any Uniform Codes that have been incorporated into this Code by reference, as well as any other ordinance of the city.
C. “Enforcement Officer” shall mean any Sand City employee, contractor, or agent of the city authorized to enforce any provision of this code or this chapter. This shall include the city manager, and any person designated as an enforcement officer by the city manager.
D. “Fine” or “fines” shall mean any fines, fees, or penalties assessed or imposed by the city or order of the hearing officer under this chapter, not including administrative costs.
E. “Person” shall mean a natural person or legal entity, and the owners, majority stockholders, corporate officers, trustees, and general partners of a legal entity.
F. “Responsible Person” shall mean a person or person’s agent, employee, or independent contractor who causes, permits, allows, maintains, contributes, conceals, or aids or abets the property-related code violation, including a property owner of record, property manager, tenant, subtenant, occupant, or any person in possession of property where the code violation exists. Each responsible party shall be jointly and severally liable for any and all fines, fees, penalties, and administrative costs awarded, upheld, assessed, or imposed under this chapter.
SECTION 1.22.030 Fines.
A. The city council may establish the amounts of fines for violations of this code imposed pursuant to this chapter through a schedule of fines established by resolution of the city council. In the absence of such resolution, and except as otherwise provided in this Code, the fines for administrative violations of this code shall be as follows:
1. A fine not exceeding one hundred dollars ($100) for a first violation.
2. A fine not exceeding two hundred dollars ($200) for a second violation of the same ordinance within one year.
3. A fine not exceeding five hundred dollars ($500) for each additional violation of the same ordinance within one year.
SECTION 1.22.040 Contents of citation.
Each administrative citation shall contain the following information:
A. Date, approximate time, and address or definite description of the location of the violation(s).
26 B. The code sections or conditions violated and a description of the violation(s).
C. The amount of the fine for the violation(s).
D. An explanation of how the fine shall be paid and the time period by which it shall be paid.
E. Explanation of rights of appeal, including the time within which such claimed violation may be contested and the procedure for requesting a hearing to contest the violation.
F. The name and signature of the enforcement officer issuing the citation; and G. If the violation is one which is continuing, an order to correct the violation and prohibiting the continuation or repeated occurrence of the violation, including an explanation of the consequences for failing to correct the violation as ordered. The explanation of the consequences should state that a separate violation exists for each and every calendar day any violation of any provision of this code is committed, continued, or permitted.
SECTION 1.22.050 Service procedures.
Service of any administrative citations and the notices of correction shall be made as follows:
A. Personal Service. The enforcement officer shall attempt to locate and personally serve the responsible person and obtain the signature of the responsible person on the administrative citation. If the responsible person served refuses or fails to sign the administrative citation, the failure or refusal to sign shall not affect the validity of the administrative citation or of subsequent proceedings.
B. Service of Citation by Mail. If the enforcement officer does not succeed in personally serving the responsible person, the administrative citation shall be mailed to the responsible person by certified mail, postage prepaid with a requested return receipt.
Simultaneously, the citation shall be sent by first class mail. If the citation is sent by certified mail and returned unsigned, then service shall be deemed effective pursuant to first class mail, provided the citation sent by first class mail is not returned. The location of the responsible person outside of Monterey County shall be sufficient grounds for service of citation by mail without first attempting personal service.
SECTION 1.22.060 Satisfaction of the administrative citation.
A. The responsible person must pay the fine to the city within thirty (30) calendar days from service of the citation. All fines assessed shall be payable to the City of Sand City in accordance with the payment instructions on the citation. 27 B. Payment of a fine shall not excuse or discharge a failure to correct continuing violations nor shall it bar further enforcement action by the city.
SECTION 1.22.070 Appeal of the administrative citation.
A. Time to File an Appeal. Any recipient of an administrative citation may contest that there was a violation of this code or that it continues to exist, or that he or she is the responsible person, by completing a “request for hearing” form and returning it to the city in accordance with the instructions on the form within fifteen (15) calendar days from the date the administrative citation is served or deemed to have been served, together with an advanced deposit of the total fines due. Such “request for hearing” forms shall be made available at no charge at city hall and/or by contact the city clerk. A failure to file a timely “request for hearing” form shall be deemed a waiver of the right to appeal the citation and to seek judicial review. The requirement that the fine be deposited in advance may be waived if an advanced deposit hardship waiver form has been filed and approved in accordance with procedures adopted by the city manager.
B. Return of Deposit. Any administrative citation fine which has been deposited shall be refunded, in whole or in part, to the extent it is determined, after a hearing, that the person charged in the administrative citation was not responsible for the violation or that there was no violation as charged in the administrative citation.
C. Hearing Officer. The city manager shall be authorized to assign a hearing officer to any person or persons, qualified by training or experience, whom the city manager may appoint or who are retained by contract to conduct such hearings. The hearing officer may, but is not required to be, a city employee.
SECTION 1.22.080 Hearing procedure.
A. No hearing to contest an administrative citation before a hearing officer shall be held unless and until a timely “request for hearing” form has been completed and submitted and the fine has been deposited in advance or waived as provided under this chapter.
B. After receipt of the “request for hearing” and fine deposit, a hearing before the hearing officer shall be set for a date that is not less than fifteen (15) and not more than forty-five (45) calendar days from the date that such request is filed in accordance with the provisions of this section. The person requesting the hearing and the city may agree to a hearing date that is either sooner or later than the time periods required herein for a hearing. Unless advanced notice is otherwise waived by the requesting party, the person requesting the hearing shall be notified of the time and place set for the hearing at least ten (10) calendar days prior to the date of the hearing. The failure of any recipient of an administrative citation to appear at the scheduled hearing shall constitute a forfeiture of the fine and be a bar to judicial review of the hearing officer decision based upon a failure to exhaust administrative remedies. 28 C. The hearing officer shall only consider evidence that is relevant to whether the violation occurred, and whether the responsible person has caused or maintained the violation of this code on the date(s) specified in the administrative citation. Such relevant evidence includes, without limitation, staff reports or presentations, oral, physical, and documentary evidence regarding the alleged violation(s), and proposed method of abatement, if any.
D. The hearing is intended to be informal in nature. Formal rules of evidence and discovery do not apply. The city manager may, from time to time, adopt procedures for the format and proceedings of the administrative hearing. The person contesting the administrative citation shall be given the opportunity to testify and present witnesses and evidence concerning the administrative citation. The city shall have the burden of proof by preponderance of the evidence to establish that the responsible person committed the violation specified in the administrative citation.
E. Each witness, prior to providing oral testimony, shall be sworn by the hearing officer or his or her designee. Each party shall have the opportunity to cross-examine witnesses and present evidence in support of the party’s cause.
F. The administrative citation and any additional document submitted by the issuing officer/employee shall constitute prima facie evidence of the respective facts contained in those documents. Formal rules of evidence shall not apply.
G. Upon request which provides reasonable advanced notice to the city, the recipient of an administrative citation shall be provided with copies of the citations, reports and other documents submitted or relied upon by the issuing officer/employee when issuing the citation, as well as any additional materials provided to the hearing officer for the hearing.
H. On the hearing officer’s own discretion or upon request by any party, the hearing officer may continue the hearing and request additional information from any person or witness prior to issuing a written decision. Notice of the continued hearing must be given to each party and shall include the time, date, and place to which the hearing is to be continued.
SECTION 1.22.090 Hearing officer’s decision.
A. After considering all of the testimony and evidence submitted at the hearing or continued hearing, the hearing officer shall issue a written decision setting forth the findings supporting the decision within thirty (30) calendar days of the hearing. The written decision shall include the reasons for the decision.
B. If the hearing officer determines that the administrative citation should be upheld as to a responsible party, then any fine amount on deposit with the city shall be retained by the city. The hearing officer shall impose and assess the prescribed fine against each responsible party.
29 C. In the event of a hardship waiver of the deposit requirement, the order shall also state the date all payments are due and the fine for any late payment for any amount ordered by the hearing officer and that, if the violation continues, the responsible party may be subject to additional fines, penalties, or administrative costs authorized by law.
The order shall also state that fines and penalties shall also be collectible as set forth in this chapter.
D. If the hearing officer determines that the administrative citation should be canceled in whole or in part, then the city shall promptly refund the corresponding amount of any deposited fine, without interest, to that responsible party.
E. The written decision shall be served upon each party in the manner set forth by Section 1.22.050.
SECTION 1.22.100 Collection of unpaid fines.
Failure of any person to pay the fine assessed by an administrative citation within thirty (30) calendar days or such other time limit set forth in the administrative citation, or by the time determined by the hearing officer as provided in Section 1.22.090, shall constitute a debt owed to the city and may be enforced as a personal obligation of the responsible party. Administrative fines shall accrue interest at the same annual rate as any civil judgment in favor of the city, in accordance with Code of Civil Procedure Section 685.010. Interest shall accrue commencing on the twentieth (20th) calendar day after the fine becomes due. In the event a civil action is commenced to collect the administrative fines, the city shall be entitled to recover all costs associated with the collection of the fines, including, but not limited to, staff time and attorney fees incurred in the collection of the fines and those costs set forth in Code of Civil Procedure Section 1033.5. The city may take such other actions as are allowed for enforcement of a civil judgment as provided for pursuant to the Enforcement of Judgments Law, California Code of Civil Procedure Section 680.010 et seq. The remedies set forth in this section are not exclusive, and the city may collect any past due amounts assessed or ordered by all available legal means.
SECTION 1.22.110 Right to judicial review.
A. The decision of the hearing officer shall be deemed the final administrative order of the city.
B. Any person who is aggrieved by the decision of the hearing officer under this chapter may obtain judicial review of such decision by filing an appeal to be heard in the Monterey County superior court in accordance with California Government Code Section 53069.4. A copy of the notice of appeal shall be served in person or by first class mail upon the city clerk. The right to appeal is limited to the terms and conditions set out in California Government Code Section 53069.4. If no appeal is filed with the 30 superior court within twenty calendar days after service, then the written decision is hereby deemed confirmed.
PASSED AND ADOPTED, by the City Council of Sand City, this ___ day of January 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
____________________________
Mary Ann Carbone, Mayor
ATTEST:
DATED: ____________________
____________________________
Kerry Lindstrom, City Clerk
31 AGENDA ITEM
9B.
Approve a Resolution Amending the
Planning and Building Department Master
Fee Schedule
32 City of Sand City
STAFF REPORT
TO: Honorable Mayor and City Council
FROM: Anastazia Aziz, AICP and John Kuehl, CBO
SUBJECT: Planning and Building Fee Updates and City Fee Schedule DATE: January 16, 2024
_______________________________________________________________________ BACKGROUND/DISCUSSION:
Sand City collects user fees prior to issuing planning, building, public works and engineering permits to cover the City’s processing costs. These vital permit services include significant professional staff time, specialists and consultants in various disciplines. The periodic review of existing fee schedules is necessary to ensure that the costs of these services provided are recovered on a pay-as-you-go basis. These costs include, but are not limited to, permit review and written comment, preparation for public hearings upon receipt of complete applications, inspections, and maintenance of the administrative record.
Permit fees, which benefit the property owner, should be reviewed and adjusted periodically to ensure that the fees collected adequately cover the cost of service. Given the small size of Sand City, services are currently contracted out and conducted by EMC Planning Group for planning permit services, 4LEAF for building permit services, and Harris and Associates for public works and engineering related work.
This effort also establishes a consolidated City Fee Schedule (Exhibit A) that will be publicly available on the City website and at City Hall. Having a single Fee Schedule that combines planning, building, public works and engineering fees into one document enhances City fee transparency and will greatly assist the public and potential applicants to identify fees and estimate permit costs.
Permit fees for planning and building permits were assessed and recommended for increases. The planning fees were last updated in 2015 and the building permit fees are from 1997. As a result, the City’s permit fees are unrealistically low and the General Fund substantially subsidizes permit costs. Updated fees are proposed to increase to recover costs and be in alignment with generally accepted practices for determining fees.
Engineering and public works fees are from 2017, and these fees have been reviewed as part of the update process.
The current fee structure will generally be retained, and an annual fee adjustment every July 1 using the San Francisco area CPI (Consumer Price Index) April edition and 33 rounded to the nearest 50 cents (or one dollar) is recommended to ensure the City’s fees stay in alignment with regional cost increases.
Planning Fee Updates
The City’s zoning codes are enforced through the Community Development Department’s planning function. Planning staff includes the City’s Principal, Associate, and Assistant planners who are responsible for ensuring the public’s health and safety through enforcement of various state planning statues and local ordinances. Key functions include the review of planning permit submittals, coordination with internal and outside agencies, public hearings, front public counter assistance, issuance of planning permits, grant administration, long-range planning, and responding to residents’ complaints associated with violations of the zoning code. Permit processing ensures orderly development and the health and safety of Sand City residents and the general public. Additionally, efficient and orderly planning permit processes signal to current and future property owners that Sand City encourages and supports investment in the community.
The current 2015 planning fees (Exhibit B) are flat fees that are not based on realistic staff time to process planning permits. While these artificially low fees subsidize development in the City, a more widely accepted approach is to establish planning fees that are based on estimated staff time to process planning permits. Staff has evaluated overall time to process a variety of City planning permit types and is recommending fee increases based on the amount of time generally required to process a permit including plan review, comment letters to applicants, reviewing revised plans, preparing draft permits and staffing a public hearing before decision-makers.
The recommended revised Fee Schedule will maintain the same basic fees, but will be updated to be consistent with the actual cost to provide planning services. Examples of fee increases for the City’s more common planning permits that vary in complexity based on an hourly rate of $175 per hour are:
• Temporary Use permit increase from $100 to $1,050 (approximately 6 hours of staff time);
• Conditional Use Permit increase from $500 to $2,800 (16 hours of staff time); and • Coastal Development Permit increase from $500 to $3,150 (18 hours of staff time).
New fees are also recommended to recover permit processing costs and include the following types of permits and associated work: zoning compliance statement, home occupation permit, tree removal permit, categorical exemption and preliminary development review. Additionally, a 25% fee reduction will apply for projects that include at least 20% affordable housing units to provide some fee relief for developments that increase housing affordability in the city.
For comparison, fees in Seaside and Pacific Grove that have similar permits are listed below:
34 Seaside Pacific Grove Sand City
Current
Sand City
Proposed
Hourly rate $255 $136 $175 $175
Temporary Use $100-$966 $3,066 $100 $1,050
Conditional Use
Permit
$800-$1,500 $3,407 $500 $2,800
Coastal
Development
Permit
N/A $2,453-$122,646 $500 $3,150
Building Fee Updates
The building fees have not been increased or changed for 27 years. In order for the City to recover the cost for building permit services, the fees must be increased.
The California Building and associated codes are enforced through the Community Development Department’s “building” function. Building staff includes the City’s Building Official and inspectors who are responsible for ensuring the public’s health and safety through enforcement of various state statues and local ordinances. Key functions include the review of building permit submittals, plan checks, issuance of building permits, inspections during construction: and responding to residents’ complaints associated with violations of the building code. Code compliance and the building permit process ensures health and safety of Sand City residents and the general public.
In 1991, the City Council established a schedule of fees for plumbing mechanical and electrical permits. This was followed by an update building permit fee structure based on the Table 1-A from the 1997 Uniform Building Code (Exhibit C). These fees have not been updated since that time. The building fee structure is based on the valuation or cost of the project. This is a widely accepted and used system to establish both building permit fees as well as the cost to complete a plan review.
The revised fee schedule will maintain the same basic fee structure, based on permit valuation, but also be updated consistent with the cost to provide building services as well. When an applicant is only completing a single trade such as a water heater or furnace replacement, these fees will be a flat fee consistent with estimated cost to provide those services based on staff time. Examples of flat fee increases for the City’s more common building permits are:
• Plumbing permit increase from $30 to $406;
• Electrical permit increase from $30 to $406; and.
• Mechanical permit increase from $30 to $406.
The proposed fees are in alignment with fees in other local jurisdictions where 4LEAF provides contract building services.
Engineering and Public Works Department Fee Updates
35 Fee updates were estimated by estimating the typical level of effort involved in the various types of permits and services provided by the department, at the average hourly rate for the City’s contract City Engineer, Harris & Associates (Harris). In addition, Harris reviewed existing fee schedules for several neighboring cities and found that the currently proposed fee updates are in alignment and often times at the lower end of the average fees charged by adjacent cities. The fee updates include two (2) reviews with additional fees for additional reviews.
A few new fees are also recommended. These fees are the result of new State mandated programs such as rooftop solar installations, vehicle charging stations, and storm water mandates.
CEQA:
This action does not constitute a Project as defined by the California Environmental Quality Act (CEQA) guidelines section 15378.
FISCAL IMPACT:
Land use entitlement permit fee revenue will continue to be allocated to the General Fund and the fiscal impact to the fund will vary depending on the number of permits issued each fiscal year. Increasing the permit fees will have a positive impact to the General Fund revenue and will reduce the current City subsidies to the land use entitlement permit process. The consultant team that processes planning, building, engineering and public works permits for the City are paid out of the General Fund.
RECOMMENDATION:
Discuss and provide direction regarding the proposed revised fees for permits including an annual Consumer Price Index (CPI) adjustment and return to Council for approval of a resolution at a subsequent Council meeting.
Alternatively, Council could recommend:
raising the fees gradually over the next several years; accept a minimum deposit in conjunction with a reimbursement agreement and invoice the applicant for costs that exceed the initial deposit; retain the current fees and continue to use the General Fund to subsidize planning and building permits;
Other recommended direction.
ATTACHMENTS:
1. Resolution
2. Exhibit A Draft Master Fee Schedule (FY2023-2024)
3. Exhibit B Current 2015 Planning Department Fee Schedule
4. Exhibit C Current 1997 Building Department Fee Schedule 36 CITY OF SAND CITY
RESOLUTION SC ___, 2024
RESOLUTION OF THE CITY COUNCIL OF SAND CITY AMENDING THE PLANNING
AND BUILDING DEPARTMENT MASTER FEE SCHEDULE
WHEREAS, the City of Sand City (the “City”) collects user fees prior to issuing permits to cover the associated staff permit processing costs; and WHEREAS, the City’s building and planning related fees have not been increased or changed since 1997 and 2015, respectfully; and
WHEREAS, the current fee structures are a flat fee rate that is not currently based on realistic costs associated with staff processing time for building and planning related permits;
WHEREAS, the updated fees as indicated in the Master Fee Schedule (Fiscal Year 2023- 2024) is proposed to increase building and planning related fees in order to adequately recover the cost incurred by the City; and
WHEREAS, this basic fee structure will be retained and adjusted annually on July 1st using the San Francisco area Consumer Price Index, April edition, and rounded to the nearest 50 cents (or one dollar) to ensure the City continues to recover costs for professional permit services.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Sand City does hereby approve the revised planning and building permitting fees as indicated in the Master Fee Schedule (Fiscal Year 2023-2024) and the subsequential annual Consumer Price Index adjustment.
PASSED AND ADOPTED by the City Council of the City of Sand City this ___, day of _____, 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
___________________________
Mary Ann Carbone, Mayor
ATTEST:
DATED: ____________________
___________________________
Kerry Lindstrom, City Clerk 37
City of Sand City
1 Pendergrass Way
Sand City, CA 93955
1 Exhibit A: Draft Master Fee Schedule (FY2023-2024)
BUILDING PERMIT FEES
COMBINATION PERMIT
Value $ 0-9,000 $396
Value $9,001-25,000 $396 plus $44/1,000
Value $25,001-50,000 $1,180 plus $31/1,000
Value $50,001-100,000 $1,955 plus $19/1,000
Value $100,001-500,000 $2,905 plus $15/1,000
Value $500,000-1,000,000 $8,905 plus $14/1,000
Value $1,000,001 and up $15,905 plus $9/1,000
SINGLE PERMIT
Value $0-9,000 $396
Value $9,000-25,000 $396 plus $31/1,000
Value $25,001-50,000 $881 plus $20/1,000
Value $50,001-100,000 $1,881 plus $14/1,000
Value $100,001-500,000 $2,581 plus $11/1,000
Value $500,001-1,000,000 $6,981 plus $10/1,000
Value $1,000,001 and up $11,981 plus $6/1,000
OVER THE COUNTER TYPE PERMITS
Plumbing Permit (no plan review required) 1 $406
Electrical Permit (no plan review required) 1 $406
Mechanical Permit (no plan review required) 1 $406
Residential Rooftop Photovoltaic Permit $458
Commercial Rooftop Photovoltaic permit (minimum) 2 $458 Residential vehicle charging station 2 $406
Commercial Vehicle Charging System $298 plus $160/hour plan review after 2 hours of review
MISCELLANOUS FEES
Minimum permit fee $396
Investigative fee (Work without permit) Minimum cost equal to permit. 38 After Hours Inspections $180/hour 4 Hour minimum
Building Permit extension $1,000 per 90 days (after a one-time 180 day no charge extension)
Plan Review Extension $500 per 90 days (After a one-time 180 day no cost extension)
Stormwater Control Plan review (Building Department) $298 plus $140/hour after one hour of review Stormwater Control Inspection (Building Department) $298 plus$140/hour after two hours of inspections
Plan review 65% of building permit fee this fee includes a total of two reviews
Expedited plan review 50% plus regular plan review cost Building fee for any item not specifically identified $150/hour
PLANNING DEPARTMENT FEES
ADMINISTRATIVE LAND USE APPROVALS AND ZONING PERMITS
Zoning Compliance Statement $700
Home Occupation Permit $700
Temporary Use Permit $1,050
Parking Permit (1 Per Vehicle/year) $500
DISCRETIONARY LAND USE PERMITS
Conditional Use Permit 3 $2,800
Coastal Development Permit 3 $3,150
Site Plan Review $700
Variance $1,925
Planned Unit Development 3 $1,925
Major Subdivision (5 or more lots) – Tentative & Vesting Subdivision Map 3
$9,000 plus $3,500 deposit
Final Map / Parcel Map 3 $2,625
Combining Multiple Permits 3 Sum of All Fees that Apply Appeal of Permit $1,400
Amendment of Permit 50% of base permit fee
DESIGN PERMITS
Architectural Review by DRC $1,400
Master Sign Program $2,100
Individual Sign Permit $700
ENVIRONMENTAL REVIEW
Environmental Impact Report (EIR) 3 50% of the cost of the EIR Negative Declaration (Initial Study) 3 $5,600
Categorical Exemption (per CEQA) $350
39 Ph: 831-394-3054 | www.sandcity.org
LEGISLATIVE AMENDMENTS
General Plan Amendment 3 $5,600
Zoning Amendment or Change 3 $3,150
Specific Plan Approval or Amendment 3 $4,200
Local Coastal Plan (LCP) Amendment 3 $4,200
MISCELLANOUS FEES
Short Term Rental Application $638
Short Term Rental Renewal Application $197
Preliminary Project Review $350
Planning fee for any item not specifically identified $175/hour
ENGINEERING AND PUBLIC WORKS DEPARTMENT FEES
PLAN CHECK EXAMINATION
Plan Check for Public or Private Site Improvements $100.00 plus 2% of improvement cost (Min. fee shall be $500)
STORMWATER PLAN CHECK (New and/or Replaced Impervious Surface) Pre-review Meeting 4 $210
Small Project (2,500-5,000 sq-ft) 4 $440
Medium Project (5,000-15,000 sq-ft) 4 $3,360
Large Project (> 15,000 sq-ft) 4 $6,720
Storm Water Pollution Prevention Plan (SWPPP)
Review 4
$1,260
INSPECTION OF PUBLIC OR PRIVATE SITE IMPROVEMENTS
Cost of improvement up to $100,000 5% of improvement cost Cost of improvement from $100,001 to $200,000 4% of improvement cost Cost of improvement over $200,000 3% of improvement cost Inspections outside of normal business hours $420 per hour Reinspection fee $210 each
Additional plan review required by changes, additions
or revisions to approved plans
$210 per hour (1/2-hour min.)
Inspection for which no fee is specifically indicated $210 per hour (1/2-hour min.) MAPS
Minor Subdivision (1-4 lots) – Tentative Parcel Map $600 (2 reviews) Minor Subdivision (1-4 lots) – Vesting Tentative Parcel Map
$600 (2 reviews)
Major Subdivision (5-10 lots) – Tentative Map 3 $1,200 + $300 per lot after 10 lots (2 reviews)
Major Subdivision (5-10 lots) – Vesting Tentative Map $1,800 + $300 per lot after 10 lots (2 reviews)
40 Final Parcel Map (1-4 lots) 3 $2,700 (2 reviews)
Final Tract Map (5-10 lots) $3,300 + $300 per lot after 10 lots. (2 reviews)
ENCROACHMENT PERMIT
Permit Fee 4 $475 (minimum application fee)
GRADING PERMIT FEE SCHEDULE
50 Cubic Yards or less $25
51 to 100 cubic yards $50
101 to 1000 cubic yards $50 for first 100 cu. yds. plus $12 for each additional 100 cu. yds. or fraction
thereof
1001 to 10,000 cubic yards $158 for first 1000 cu. yds. plus $10 for each additional 1000 cubic yds. or
fraction thereof
10,001 to 100,000 cubic yards $248 for first 10,000 cubic yds. plus $50 for each additional 10,000 cu yds. or
fraction thereof
100,001 cubic yards or more $698 for first 100,000 cu. yds. plus $50 for each additional 10,000 cu. yds. or
fraction thereof
GRADING PLAN REVIEW FEES
50 cubic yards or less $105
51 to 100 cubic yards $210
101 to 1,000 cubic yards $420
1,001 to 10,000 cubic yards $630
10,001 to 100,000 cubic yards $630 for first 10,000 cu yds. plus $100 for each additional 10,000 cu. yds. or
fraction thereof
MISCELLANOUS FEES
Voluntary Lot Merger $1,000 (2 reviews), $300 per additional review.
Certificate of Compliance $1,000 (2 reviews), $300 per additional review.
Lot Line Adjustment
(Max. up to 4 parcels may be adjusted)
$1,800 for 2 parcels + recording fees (2
reviews), $300 per parcel beyond 2
parcels, $150 per additional review.
Tree Removal Permit $100
Note: A 25% planning fee discount will be applied for all projects that include at least 20% affordable housing units.
41 Ph: 831-394-3054 | www.sandcity.org
All soil compaction and survey work (if required by City) will be charged as an “extra” at cost plus 10% for administration.
Copies of aerials, maps, plans cost of reproduction plus 15% 1 Based on 2-hours inspection at $115/Hour (Inspector) plus 1 hour at $68/hour (Building Tech) 2 Based on 2-hours at $115/Hour (Inspector) 1-Hour at $160/Hour (Plan Review) 1-hour $68/Hour (Building Tech)
3 Requires a City Cost Reimbursement agreement.
4 Fees for plan checking and inspection of encroachment work shall be assessed per associated fees for inspection and/or plan check of public or private site improvements 42 Exhibit B: 2015 PLANNING DEPARTMENT FEE SCHEDULE
Administrative Land Use Approvals and Zoning Permits:
Zoning Compliance Statement (Sec. 18.72.010) No Fee
Home Occupation Permit • (Sec. 18.62.110) No Fee
Temporary Use Permit (Ch. 18.92) $ 100
Parking Permit (1 per vehicle} (Sec.10.08.050) $ 200 / permit/ vehicle / year Tree Removal Permit (Sec 16.12.030) No Fee
Discretionary Land Use Permits:
Conditional Use Permit
Coastal Development Permit
Site Plan Review
Variance
Planned Unit Development
Tentative Subdivision Map &
Vesting Tentative Map
Final Map / Parcel Map
Combining Multiple Permits
(Ch. 18.74)
(Ch. 18.50)
(Ch. 18.68)
(Ch. 18.76)
(Ch. 18.60)
(Ch. 17.32)
(Ch. 17.36)
(Ch. 17.40 & 17.52)
(Sec. 18.72.030)
(For projects needing more than one of the above)
Appeal of Permit (within 1 o days of approval)
Amendment of Permit
Design Permit:
Architectural Review by DRC
Master Sign Program
Individual Sign Permit
Environmental Review:
Environmental Impact Report (EIR)
Negative Declaration (Env. Initial Study Req'd)
Categorical Exemption (per CEQA)
Legislative Amendments:
General Plan Amendment
Zoning Amendment or Change
Specific Plan Approval or Amendment
Local Coastal Plan (LCP) Amendment
Preliminary Development Project Review:
$ 500
$ 500
$ 500
$ 500
$ 500
$ 1000 + Reimbursement Ag.
$ 500 + Reimbursement Ag.
$ Sum of all fees above that
apply + Reimbursement Ag.
$ 500
$ 500
$ 100
$ 100
$ 50
$ 2000 + Reimbursement Ag.
$ 1000 + Reimbursement Ag.
No Fee
$ 2000 + Reimbursement Ag.
$ 1000 + Reimbursement Ag.
$ 2000 + Reimbursement Ag.
$ 2000 + Reimbursement Ag.
No Fee - No Application
43 Exhibit C: 1997 Building Department Fee Schedule
RESIDENTIAL NON-COMBINED
FROM TO PLANC:HECK . II FEI! •••• c..s.c
$1.00 $500.00 $100.00 $23.50 $0.50 $1
$501.00 $600.00 $100.00 $26.55 $0.50 $1
$601.00 $700.00 $100.00 $29.60 ' $0.50 $1
$701.00 $800.00 $100.00 $32.65 $0.50 $1
j801.00 $900.00 $100.00 $35.70 $0.50 $1
$901.00 $1 000.00 $100.00 $38.75 $0.50 $1
$1,001.00 $1,100.00 $100.00 $41.80 $0.50 $1
$1,101.00 $1,200.00 $100.00 $44.85 $0.50 $1
$1,201.00 $1,300.00 $100.00 $47.90 $0.50 $1
$1,301.00 $1,400.00 $100.00 $50.95 $0.50 $1
$1,401.00 $1,500.00 $100.00 $54.00 $0.50 $1
$1,501.00 $1,600.00 $100.00 $57.05 $0.50 $1
$1,601.00 $1,700.00 $100.00 $60.10 $0.50 $1
$1,701.00 $1,800.00 $100.00 $63.15 $0.50 $1
$1,801.00 $1,900.00 $100.00 $66.20 $0.50 $1
$1,901.00 $2,000.00 $100.00 $69.25 $0.50 $1
$2 001.00 $3,000.00 $100.00 $83.25 $0.50 $1
$3,001.00 ' $4,000.00 $100.00 $97.25 $0.52 $1
$4,001.00 $5 000.00 $100.00 $111.25 $0.65 $1
$5,001.00 $6,000.00 $100.00 $125.25 $0.78 $1
$6,001.00 $7 000.00 $100.00 $139.25 $0.91 $1
$7 001.00 $8,000.00 $100.00 $153.25 $1.04 $1
$8,001.00 $9,000.00 $108.71 $167.25 $1.17 $1
$9,001.00 $10,000.00 $117.81 $181.25 $1.30 $1
$10,001.00 $11,000.00 $126.91 $195.25 $1.43 $1
$11,001.00 $12,000.00 $136.01 $209.25 $1.56 $1
$12,001.00 $13,000.00 $145.11 $223.25 $1.69 $1
$13,001.00 $14 000.00 $154.21 $237.25 $1.82 $1
$14,001.00 $15,000.00 $163.31 $251.25 $1.95 $1
$15,001.00 $16,000.00 $172.41 $265.25 $2.08 $1
$16 001.00 $17 000.00 $181.51 $279.25 $2.21 $1
$17,001.00 $18,000.00 $190.61 $293.25 $2.34 $1
$18,001.00 $19,000.00 $199.71 $307.25 $2.47 $1
$19,001.00 $20 000.00 $208.81 $321.25 $2.60 $1
$20,001.00 $21,000.00 $217.91 $335.25 $2.73 $1 ; $21 001.00 $22.000.00 $227.01 $349.25 $2.86 $1 $22,001 00 $23,000.00 $236.11 $363.25 $2.99 $1
$23 001.00 $24,000.00 $245.21 $377.25 $3.12 $1
$24,001.00 $25 000.00 $254.31 $391.25 $3.25 $1
$25,001.00 $26,000.00 $260.88 $401.35 $3.38 $2
$26,001.00 $27,000.00 $267.44 $411.45 ' $3.51 $2
$27,001.00 $28,000.00 $274.01 $421.55 $3.64 $2
$28,001.00 $29,000.00 $280.57 $431.65 $3.77 $2
$29 001.00 $30,000.00 $287.14 $441.75 $3.90 $2
$30,001.00 $31,000.00 $293.70 $451.85 $4.03 $2
$31,001.00 $32,000.00 $300.27 $461.95 $4.16 $2
$32,001.00 $33.000.00 $306.83 $472.05 $4.29 $2
$33,001.00 $34.000.00 $313.40 $482.15 $4.42 $2
$34,001.00 $35,000.00 $319.96 $492.25 $4.55 $2
$35,001.00 $36,000.00 $326.53 $502.35 $4.68 $2
$36 001.00 $37,000.00 $333.09 $512.45 $4.81 $2
44 45
46 47
48 49
50 51
52 53
54 55
56 57
58 59
60 61
62 63
64 65
AGENDA ITEM
10A.
Approve a Resolution Approving
Conditional Use Permit (CUP 23-006) for
the Wonderwall Boutique Hotel at 1714
Contra Costa Street This item was
continued from December 19, 2023 and
Staff proposes continuation to February 6,
2024.
66 City of Sand City
STAFF REPORT
TO: Honorable Mayor and City Council
FROM: Zane Mortensen, City Planner
SUBJECT: Application for a Conditional Use Permit (23-006) Wonderwall Boutique Hotel at 1714 Contra Costa Street
DATE: December 19th, 2023
_______________________________________________________________________ BACKGROUND/DISCUSSION:
An application was submitted by Mark Cristofalo (the “Applicant”) for a Conditional Use Permit (CUP 23-006) to establish a boutique hotel (the “Applicant Use”) in the existing building located at 1714 Contra Costa Street (APN: 011-232-012 and 011-232-013) (the “Subject Property”). The proposed Applicant use type will consist of six (6) visitor-serving (less than 30-day stays) suites, an enclosed outdoor fountain court, a reception room, an art gallery, coffee bar, and lounge. An Encroachment Permit from the City will be required to accommodate the necessary parking.
SITE DESCRIPTION:
The Subject Property consists of 2 parcels, APN’s 011-232-012 and 011-232-013 which are 75-ft wide and 50-ft deep. A single-story existing mixed-use building sits on those parcels at the corner of Contra Costa Street and Elder Avenue, with the main property entrance facing Contra Costa Street. The building has 10-foot setbacks on both Contra Costa and Elder Avenue (APN: 011-232-013). The subject property consists of an adjacent 75-ft wide and 25-ft deep (APN: 011-232-012), which is primarily vacant with the exception of an existing storage container. This adjacent lot will be used to support hotel parking, as well as provide an outdoor fountain area, storage, and the housekeepers supply area. Utilities (i.e. gas, electric, water, sewer, etc.) are available; however, there is not sufficient water available to the Subject Property to accommodate the Applicant’s Use. Therefore, additional water credits would need to be applied for and allocated by the Monterey Peninsula Water Management District through the Sand City Water Entitlement.
The current building and street improvements (i.e. curb, gutter, drive-apron, etc.) in fair condition along the Subject Property’s Contra Costa Street and Elder Avenue frontage.
The Subject Property has a non-coastal Planned-Mixed Use (MU-P) zoning designation and a General Plan land use designation of Mixed-Use (MU-D). Hotels are an allowed use under this zoning designation with an approved conditional use permit (Sand City Municipal Code 18.13.020). A conditional use permit is required for all new development uses within the MU-P Zoning district. The previous use for the building was a commercial office for the Mark Cristafalo Company, an architectural and interior design firm. 67 FISCAL IMPACT:
There will be minimal cost associated with staff time; however, this use will generate revenue for the city through the Transient Occupancy Tax (T.O.T) at a rate of 12% of the hotels monthly income as described in the Sand City Municipal Code (section 3.24). “Hotel” means any structure or any portion of any structure which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home at a fixed location if said location is outside a mobile home park and if such mobile home is rented to someone other than an employee of the owner or operator of the same for occupancy as a transient for a period not exceeding thirty (30) days, or other similar structure or portion thereof (section 3.24.020).
For the privilege of occupancy in any hotel, each transient is subject to and shall pay a tax in the amount of twelve percent (12%) of the rent charged by the operator. Said tax constitutes a debt owed by the transient to the City which is extinguished only by payment to the operator or to the City. The transient shall pay the tax to the operator of the hotel at the time the rent is paid. If the rent is paid in installments, a proportionate share of the tax shall be paid with each installment. The unpaid tax shall be due upon the transient’s ceasing to occupy space in the hotel. If for any reason the tax due is not paid to the operator of the hotel, the Tax Administrator may require that such tax shall be paid directly to the Tax Administrator (section 3.24.030). (Ord. 16-06 §1; Ord. 86-7 Art. 3 §4.0; Ord. 82-7)
DISCUSSION
Project Description:
The Applicant intends to utilize the Subject Property for a boutique hotel that consists of six (6) visitor-serving suites, an enclosed outdoor fountain court, a reception room, an art gallery, coffee bar, and lounge. There would be one (1) employee on site during business hours (24 hours per day) to accommodate guest check-ins and check-outs, and twice daily visits by housekeeping staff. Due to the nature of the business as a hotel there are no set hours of operation as guests may arrive at any time of day or night for their stay at the Wonderwall Hotel. Small shipments of bath products and coffee bar supplies will be expected and are not anticipated to impede traffic. Storage of supplies will be in a covered prefab unit for the housekeeping team. Trash will also be contained in a covered receptacle near the housekeeping unit. The parking stalls on Elder Avenue are dimensioned at 9' wide x 20' long with 11' of the length extending into the right of way and about 9' of the spaces on site. The project would require an encroachment permit on Elder Avenue to provide sufficient parking to accommodate guests in each of the 6 rooms, with one of those parking spaces reserved for ADA parking.
Land Use: The Subject Property has a Zoning Map designation of “Planned Mixed Use” and a General Plan designation of Mixed-Use Development (MU-D). Section
18.13.040(M) of the City’s Zoning Ordinance lists ‘Hotels’ as an allowable use subject 68 to the issuance of a conditional use permit. Therefore, staff finds the Applicant’s use type consistent and compatible with the intent of the General Plan and Zoning Code.
Hours of Operation: Due to the nature of the business being a hotel there are not “normal business hours” as guests may arrive at any time of the day or night for their stay at the Wonderwall Boutique Hotel. However, visitor stays are required to be a minimum of one day and a maximum of 30 days. No partial day stays are allowed.
There will be small shipments of bath products and housekeeping supplies which are to be accepted by the on-site manager during a daily window of 7:00am to 6:00pm. The permit specifies that these activities take place between the hours of 7:00am and 6:00pm on weekdays for consistency with surrounding operations.
Parking: the Subject Property has roughly a 1,150 square foot parking area on the south side of the building on the Elder Avenue frontage, which can accommodate 6 parking stalls with encroachment into the Elder Avenue right of way. One of those stalls will be reserved for an ADA parking space. The parking requirement for hotels and motels is one space for each living or sleeping unit, as required by Sand City Municipal Code
18.64.050. The six (6) parking spaces on Elder Avenue meet these requirements.
However, the Permit requires an encroachment permit for the off-street parking, as there will be a portion of the parking stalls on Elder Avenue that that will encroach on the public right-of-way. There are no company vehicles that will be parked/stored at the subject property. The City Council will need to decide if they want to allow encroachment into the City right of way for private parking.
Loading/Unloading: According to the Applicant, small shipments, deliveries to/from the site are anticipated. The Subject Property has an approximate 1,150 square foot paved area for parking on the Elder Avenue frontage of the building that can accommodate loading/unloading activities from smaller sized vehicles (ie. Pick-up truck, Box truck, etc.). Therefore, loading/unloading activities are restricted to utilizing the abutting curbside parking within the Elder Avenue right-of-way in a manner that does not interfere or impede 2-way traffic flow on Elder Avenue. The property owner should also be held responsible for managing/addressing conflicts between visitors use of the paved area for parking and loading/unloading activities in the same parking spaces. Contra Costa Street is a major street through the West End District and should remain open for 2-way vehicular traffic. Loading and unloading on Contra Costa is prohibited Storage: Items stored on-site will primarily be bath products, housekeeping supplies, and coffee bar supplies, which will be stored in a prefab housekeeping shed intended to be shielded in a walled or fenced off area on the vacant lot. If the Applicant needs to place a storage container in the parking area to accommodate activities/storage, then that would require the shed to be enclosed or screened by a wall or fence. Outside storage of materials, equipment and other items is prohibited unless it is adequately screened or enclosed.
69 Trash: The Subject Property will provide an enclosure for trash bins. The Applicant is required to maintain refuse and trash receptacles for their operation within the building or in the trash enclosure the Applicant is establishing on the Subject Property. No trash dumpsters are allowed, unless the Applicant provides sufficient access for trash pickup and fully enclose/screen the trash dumpsters. The storage of refuse bins or dumpsters on the City right of way by the Applicant is prohibited with the exception of curbside trash removal on scheduled collection days.
Impacts: A boutique hotel is considered to be a relatively modest activity that does not produce excessive detrimental noise, vibrations, dust, fumes, or particulates. Provided the Applicant abides by the requirements as stated in the conditions of approval, the Applicant’s Use should not pose a public nuisance or blighting influence.
Signs: The Applicant has not requested a sign for the boutique hotel and has not indicated an intent to establish a business sign on the Subject Property. Commercial signs are subject to City Design Review Committee (DRC) review and approval, with the issuance of a sign permit prior to installation. Should the Applicant decide to add a sign in the future, the Applicant will need to file a permit with the City subject to DRC approval prior to the installment of such a sign.
Water: The existing on-site water credit of the Subject Property is inadequate to facilitate the Applicant’s Use. The Subject Property has available onsite water credits sufficient to meet its current use as office space in accordance with the Monterey Peninsula Water Management District (MPWMD) regulations. However, the transition to a boutique hotel would require more water credits be issued than is currently available. Therefore, the Applicant is required to request that the City Council of Sand City approve additional allocation of water required to support the Applicant Use, as stated in the Conditions of Approval. Approval of CUP23-006 does not arbitrarily grant any privilege or right to the Applicant and/or property owner for any allocation of water from the City or other entity.
CEQA:
The Applicant’s Use at the Subject Property qualifies for a categorical exemption, under the California Environmental Quality Act (CEQA) Guidelines, Section 15301, Existing Facilities, consisting of the operation of existing public or private structures, facilities, or mechanical equipment, involving negligible or no expansion of existing or former use.
RECOMMENDATION:
Staff recommends APPROVAL of Conditional Use Permit CUP23-006, subject to the Conditions of Approval, attached hereto Exhibit A, and the Findings of Approval, attached hereto as Exhibit B.
70 ATTACHMENTS:
Please number attachments in the order you wish to have them placed in the agenda packet; example below.
Exhibit A: Conditions of Approval
Exhibit B: Findings of Approval
Exhibit C: Location Map
Exhibit D: Aerial Map
Exhibit E: Floor Plan
Exhibit F: Site Photos
Exhibit G: Hazardous Materials Questionnaire
Exhibit E: Letter of Intent
Exhibit F: Application
71 CITY OF SAND CITY
RESOLUTION SC ___, 2023
RESOLUTION OF THE CITY COUNCIL OF SAND CITY APPROVING
CONDITONAL USE PERMIT (CUP 23-006) FOR THE WONDERWALL
BOUTIQUE HOTEL AT 1714 CONTRA COSTA STREET
WHEREAS, an application was submitted by Mark Cristofalo (The Applicant) for a Conditional Use Permit to establish the Wonderwall Boutique Hotel (The “Applicants Use”) within the 5,625 Square Foot area encompassing parcels APN: 011-232-013 and 011-232-012 (1714 Contra Costa Street); and
WHEREAS, the Applicant’s Use is considered consistent with the non-coastal Planned Mixed-Use (MU-P) zoning designation and a General Plan land use designation of MixedUse Development, as defined by the City’s General Plan and Zoning Ordinance; and WHEREAS, the Applicant’s Use is not anticipated to generate excessive noise, vibration, odors, and/or pose a general nuisance to neighboring properties or the tenants therein; and WHEREAS, the available on-site water credit is not sufficient to accommodate the proposed use types and further water allocation through City Council approval is required; and
WHEREAS, the Applicant’s Use, within an existing commercial building, qualifies for a Categorical Exemption under CEQA (California Environmental Quality Act) Guidelines, Section 15301; and
WHEREAS, the City Council of the City of Sand City has accepted the findings for approving Conditional Use Permit CUP23-005 as outlined in the City staff report, dated December 19th, 2023.
NOW, THEREFORE, BE IT RESOLVED that the City Council of Sand City does hereby grant and issue the Conditional Use Permit CUP23-006 with the following terms and conditions listed in Exhibit A – Conditions of Approval and based on the finding described in Exhibit B.
PASSED AND ADOPTED by the City Council of the City of Sand City this ___, day of _____, 2023 by the following vote:
72 AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
___________________________
Mary Ann Carbone, Mayor
ATTEST:
DATED: ____________________
___________________________
Kerry Lindstrom, City Clerk
73 EXHIBIT A
CUP23-006 CONDITIONS OF APPROVAL
EXHIBIT A
CITY OF SAND CITY
CONDITIONAL USE PERMIT CUP23-006 CONDITIONS OF APPROVAL Project Name: Conditional Use Permit (CUP23-006) for Wonderwall Boutique Hotel at 1714 Contra Costa Street
Address: 1714 Contra Costa Street, Sand City, CA
Hearing Date: Dec 19th, 2023
Conditions of Approval:
A. Permit Effectiveness/Time Limits:
1. Conditional Use Permit CUP23-006, is not valid, and project use(s) shall not commence, until two (2) copies of this Resolution/Permit, signed by the permittee and landowner, acknowledging receipt of the Resolution/Permit and acceptance of the terms and conditions, are returned to the City's Planning Department. Failure of the applicant to return the (2) 2 copies of the signed Resolution/Permit within thirty (30) days from the date of City Council approval shall cause said Conditional Use Permit to become null and void unless good cause to grant an extension is found acceptable by the City Manager.
B. Land Use Terms and Conditions:
1. Property Maintenance: The site shall be maintained in a clean, orderly, weed-free, and litter-free condition. The property owner shall be responsible for maintenance and upkeep of the entire property. Proof of fulfillment of subject to review and approval of annually.
2. Onsite Management: On-site management shall be available twenty-four (24) hours per day. A City issued placard shall be prominently posted by the property owner and/or boutique hotel Manager in a location visible from the front entrance of the property, which includes the property owner’s and/or site manager’s contact information and occupancy limits.
Proof of fulfilling this condition shall be provided to the City Manager and update when necessary, but at least once per year.
3. Refuge storage & pickup: Trash, litter, boxes, crates, debris, or other used and/or discarded materials generated by the occupants of this building shall be stored within the appropriate waste collection receptacle(s). No 74 EXHIBIT A
CUP23-006 CONDITIONS OF APPROVAL
trash dumpsters are allowed, unless the Applicant provides sufficient access for pick-up, subject to review and approval of the Building Official.
Except on a designated trash collection day, said waste receptacle(s) shall be screened and/or enclosed from public view. The property owner shall be responsible for arranging and providing waste hauler access for standard pick-up services, subject to review and approval of the City Building Official.
4. Storage: No outdoor storage or storage containers are allowed, unless they are fully screened/enclosed, subject to review and approval of the Building Official.
5. Hazardous Material: No hazardous materials will be stored or used onsite.
6. Water: Additional water allocation through the Sand City Water Entitlement will be required to support the proposed use. The approval of the Conditional Use Permit (CUP23-006) does not convey the permitted use of such an allocation. Further water allocation from the Sand City Water Entitlement will require separate City Council approval, as well as an Non-Residential Water Release Form & Water Permit Application approved through the Monterey Peninsula Water Management District.
7. Building: Proper building permits will need to be acquired for all construction related activities, including the following: interior building remodel, trash enclosures, fountain court yards, and prefab housekeeping building, subject to approval of the City Building Official.
8. Deliveries/Loading/Unloading: All deliveries shall be accepted on the Elder Avenue frontage in the parking stalls provided by the hotel. In the event all spots are taken by guests they may accept deliveries in another parking location as long as traffic is not impeded in the City’s right of way. All deliveries shall be accepted only between the hours of 7:00am and 6:00pm.
9. Design: Approval for all exterior improvements, shall be subject to design approval by the Design Review Committee and appealable to the City Council, prior to the issuance of a Building Permit.
10.Noise/unlawful conduct: There shall be no excessive noise that could be deemed a nuisance to neighboring businesses or residents. In the event 75 EXHIBIT A
CUP23-006 CONDITIONS OF APPROVAL
of a complaint regarding activities on the property, the property owner and/or onsite manager shall respond within thirty (30) minutes from time of notification of any issue to address concerns/complaints pertaining, but not limited to, disorderly or unlawful conduct on the subject property, overcrowding of the unit, and/or unreasonable noise or other requirements or limits specified in the Sand City Municipal Code, or the City’s administrative policies or procedures.
C. General Requirements:
1. All commercial use types will remain consistent with the permitted uses as described in the Conditional Use Permit, which includes the following:
Hotel and Motel
2. Violation: If the City determines any term or condition of the Conditional Use Permit CUP23-006 has been violated, written notice shall be issued to the property owner, that if such violation is not corrected or removed within a specified time, a public hearing may then be scheduled where the City Council may consider amending or revoking the Conditional Use Permit CUP23-006 and may then order said Permits amended or revoked.
3. All permitted transient use, including dwelling or sleeping purposes, must consist of a minimum period of 24 hour and shall not exceed period of 30 consecutive days.
4. The issuance of Conditional Use Permit CUP23-006 shall not supersede or override any applicable requirements of any other City, County, State, or Federal agency.
5. Applicant must comply with all building department rules and regulations.
6. Applicant must comply with all Monterey County Department of Consumer Health rules and regulations.
7. Interpretation: Any questions of intent or interpretation regarding any condition of Conditional Use Permit CUP23-006 shall be resolved by the Community Development Director.
D. Street and Public Improvements
1. Street and Public Improvements: The development project shall construct improvements along the property frontage as necessary to accommodate the approved use, required number of parking spaces, access, and 76 EXHIBIT A
CUP23-006 CONDITIONS OF APPROVAL
required utilities. The Applicant shall be responsible for the design and construction of these improvements. All street and public improvements shall be reviewed and approved by the City Engineer, prior to issuance of a Building Permit.
2. Improvement Plans: The Applicant shall submit Public Improvement Plans to the City for review and approval prior to the issuance of any building or construction permits. The plans shall be prepared, signed, and stamped by a California Registered Professional Civil Engineer. All improvements (grading, drainage, utilities, concrete, parking, walkways, access, etc.) shall clearly show the proposed improvements necessary to serve the development project and shall be designed per City standards and requirements.
3. Utility Plans: The Applicant shall submit Utility Improvement Plans showing how utilities will be provided to serve the property. The Utility Improvement Plan shall identify all utilities and utility connections required for the Project, including but not limited to, storm drainage, sanitary sewer, water, electric, gas, telephone, cable, onsite utilities, and associated infrastructure. Any trenching of street asphalt and/or concrete for utility connections shall require an Encroachment Permit and be replaced per City standards and requirements.
4. Parking Stalls: The proposed use must maintain a minimum of six (6) parking stalls. All proposed parking stalls serving the Development Project shall be constructed in concrete or other suitable material as determined by the City Engineer, prior to issuance of a Building Permit.
5. Encroachment Permits: Encroachment permits shall be required for any work performed within public rights-of-way and/or easement. The Applicant shall complete and submit an encroachment permit application to the City and shall pay all fees associated with the processing and review of the permit. All Encroachment Permits are subject to review and approval of the City Engineer.
6. Coordination of Plans: All improvement plans (architectural, civil, electrical, mechanical, landscaping, etc.) shall be fully coordinated with each other to ensure that the improvements may be constructed safely and without conflict with one another.
77 EXHIBIT A
CUP23-006 CONDITIONS OF APPROVAL
E. Stormwater Management
1. Applicability: The Development Project shall comply with applicable requirements of Sand City Municipal Code (SCMC) 13.05 Stormwater Management and the City’s Phase 2 National Pollutant Discharge Elimination System (NPDES) General Permit, including the PostConstruction Stormwater Management Requirements for Development Projects in the Central Coast Region (PCRs).
2. Determination: The Applicant shall complete a Stormwater Compliance Tracking Form or similar documentation for review by the City Engineer, to determine whether the Development Project is subject to these requirements.
3. Stormwater Control Plan (SWCP): If applicable, the Applicant shall prepare and submit a Stormwater Control Plan (SWCP) for the Development Project demonstrating compliance with the PCRs. The SWCP shall be prepared by the project civil engineer in accordance with City requirements. The SWCP shall be prepared in accordance with the latest adopted Stormwater Technical Guide (STG) and templates.
4. Agreement Regarding Maintenance and Right of Entry for Stormwater Control Measures: If determined that the Development Project is subject to the PCRs and structural Stormwater Control Measures (SCMs) are required, the Property Owner shall enter into a written agreement with the City to provide for the long-term operation and maintenances of all SCMs.
This agreement shall provide for ongoing maintenance and verification of maintenance by the Owner and any successors in interest, among other provisions. This agreement shall be based on the City’s latest adopted template and shall be prepared per City requirements. A fully executed copy of this Agreement shall be required prior to final certificate of occupancy.
5. Operation and Maintenance Plan (OMP): If determined that the Development Project is subject to the PCRs and structural SCMs are required, the Applicant shall prepare and submit an OMP that establishes, identifies, directs, and records the operation and maintenance of all Development Project SCMs. The OMP shall be prepared by the project civil engineer in accordance with City requirements. The OMP shall be 78 EXHIBIT A
CUP23-006 CONDITIONS OF APPROVAL
prepared in accordance with the latest adopted Stormwater Technical Guide (STG) and templates.
6. Best Management Practices (BMPs): During all phases of construction and/or land disturbance activities, the Development Project shall implement site-specific BMPs to protect water quality and prevent storm water pollution, as required by SCMC 13.05 Stormwater Management.
The Application shall submit an Erosion and Sediment Control Plan (ESCP) or Water Pollution Prevention Plan (WPPP), as applicable, for review and approval by the City Engineer, prior to the issuance of any grading and/or building permit(s).
F. Plans and Agency Compliance
1. Examination of Plans: All construction plans, documents, reports, and supporting materials for the Development Project shall be reviewed and approved by the City prior to the issuance of any building or construction permits. Any and all requirements specified by the City during plan review shall be implemented to the satisfaction of the City.
2. Agency/Department Compliance: All requirements of the City’s Planning, Building, Fire, Public Works, and Engineering Departments, as well as California American Water, Monterey Peninsula Water Management District, and Seaside County Sanitation District (SCSD), and the Monterey County Health Department shall be implemented to the satisfaction of each agency/department.
3. Water and Sewer: All water and sewer utilities, connections, improvements, etc., shall be design and constructed in accordance with the standards and specifications of Cal-Am Water and the SCSD, to the satisfaction of the City Engineer. The Applicant shall provide approvals from both Cal-Am and the SCSD for all water and sewer improvements, and/or connections.
4. Lot and Parcel Merger: The Property Owner shall merge Lots 2, 4, and 6 of Block 31 of APNs 011-232-012 and 011-232-013 into a single lot/parcel to accommodate the proposed Development Project. The Property Owner shall submit a Lot Merger application and supporting documents per City 79 EXHIBIT A
CUP23-006 CONDITIONS OF APPROVAL
requirements and shall pay all fees associated with the processing and review of the lot merger application. The lot merger application and supporting documents will be reviewed and approved by the City Surveyor and City Engineer.
80 EXHIBIT B
CUP23-006 FINDINGS OF APPROVAL
EXHIBIT B
CITY OF SAND CITY
CONDITIONAL USE PERMIT CUP23-006 FINDINGS OF APPROVAL
Project Name: Conditional Use Permit (CUP23-006) for Wonderwall Hotel at 1714 Contra Costa Street
Address: 1714 Contra Costa Street, Sand City, CA
Hearing Date: Dec 19, 2023
Findings of Approval:
1. The intended use type for the existing commercial building is consistent with the Planned Mixed-Use (MU-P) zoning of the surrounding properties as indicated on the City of Sand City Zoning Map;
2. The establishment of commercial space with the intended use types as described in CUP23-006 is allowed under the MU-P zoning regulations with an approved Conditional Use Permit;
3. Adequate parking can be provided for the project, with a City Encroachment Permit;
4. Utilities, including electricity, gas, and, sewer, are sufficiently available to facilitate the Applicant’s Use at the Subject Property;
5. Additional water allocation necessary to accommodate the proposed use is available, but will require City Council approval;
6. The Applicant’s Use is not anticipated to pose an impediment of traffic flow; and
7. The intended use on this property qualifies for a categorical exemption, under California Environmental Quality Act (CEQA) guidelines section 15301. 81 EXHIBIT C
CUP23-006 LOCATION MAP
EXHIBIT C
LOCATION MAP
82 EXHIBIT D
CUP23-006 AERIAL MAP
EXHIBIT D
AERIAL MAP
Subject
Property
83 EXHIBIT
E
CUP23-006 FLOOR PLAN
84 EXHIBIT F
CUP23-006 SITE PHOTOS
EXHIBIT F
SITE PHOTOS
Contra Costa Street
Elder Avenue
85 86
87 88
89 AGENDA ITEM
10B.
Discussion and Direction Regarding a
Possible Ordinance Amending Title 2,
Chapter 2.08, Section 2.08.010 to Increase
the Salary for the City Council and Mayor
90 City of Sand City
STAFF REPORT
TO: Honorable Mayor and City Council
FROM: Vibeke Norgaard, City Manager and Adam Lindgren, City Attorney SUBJECT: DISCUSSION AND DIRECTION REGARDING A POSSIBLE ORDINANCE AMENDING TITLE 2, CHAPTER 2.08, SECTION 2.08.010 TO INCREASE
THE SALARY FOR THE CITY COUNCIL AND MAYOR
DATE: January 16, 2023
BACKGROUND:
Sand City currently pays members of the City Council $300 each month. That amount has not been adjusted since 1985 by Ordinance No. 85-05. More recently in 2023, the City adopted Ordinance No. 23-01 to increase the Mayor’s salary by an additional $500.
California Government Code Section 36516 provides that a city council may enact an ordinance providing that each member of the city council shall receive a salary based on the population of the city. In Sand City, this has meant Council salaries have been capped at $300 a month. The compensation schedule in this section has remained unchanged since 1984. On June 29, 2023, the Legislature passed SB-329 in order to address the issue of stagnant compensation for city council members. SB 329 gives city councils the ability to adjust council salaries to keep pace with inflation and the rising cost of living.
The bill also aims to support diversity in city councils because increased compensation can help individuals from across different income levels “receive sufficient income from their service to help ensure that they can continue to serve the public and support their families.”
SB-329 amended the compensation schedule set forth under Section 36516(a)(2) to allow councilmember salaries for cities with populations under 35,000, such as Sand City, to be up to and including nine hundred fifty dollars ($950) per month.
Please note that Government Code Section 36516.5 remains unchanged. Section 36516.5 provides that “[a] change in compensation does not apply to a council[person] during his term of office; however, the prohibition herein expressed shall not prevent the adjustment of the compensation of all members of a council serving staggered terms whenever one or more members of such council becomes eligible for a salary increase by virtue of his beginning a new term of office.” Thus, any salary change approved will be effective at the commencement of next councilmember term in December 2024.
SB-329 also amended Section 36516(a)(4) to allow for a city council to increase the salary of council members beyond the amounts provided for in subparagraph (a)(2), but not to exceed the greater of either:
91 (1) an amount equal to five percent (5%) for each calendar year from the operative date of the last adjustment of the salary, or
(2) an amount equal to inflation since January 1, 2024, based on the California Consumer Price Index, not to exceed ten percent (10%) per calendar year.
SB-329 added subparagraphs (g)(1)-(3) to section 36516, which creates specific procedures for a salary-increase ordinance, stating: “a city council shall consider the adoption of an ordinance to increase compensation in open session during at least two regular meetings of the city council … At the first meeting, the city council shall present the proposed ordinance, which shall include findings demonstrating the need for the increased compensation. The ordinance shall not be adopted at the first meeting. At least seven days after the first meeting, the city council shall hold a second meeting to consider whether to adopt the ordinance.”
DISCUSSION:
The current City Municipal Code section 2.08.010, most recently amended in 1985 set the Council monthly salary at $300 per month. Sand City Municipal Code section
2.08.010 currently reads as follows:
The monthly salary for each Council member shall be $ 300 per month. The monthly salary for the Mayor shall be the same monthly salary paid to each Council member plus an additional $ 500 each month.
The three alternatives available to the City Council are:
A) Amend section 2.08.010 in early 2024, effective at the end of 2024, to increase salaries to the current maximum allowed by law:
The monthly salary for each Council member shall be $ 950 per month. The monthly salary for the Mayor shall be the same monthly salary paid to each Council member plus an additional $ 500 each month.
B) Amend section 2.08.010 in early 2024, effective at the end of 2024, to increase salaries by less than the maximum allowed by law:
The monthly salary for each Council member shall be ____________ per month.
The monthly salary for the Mayor shall be the same monthly salary paid to each Council member plus an additional $ 500 each month.
C) Make no change and keep Council salaries at $300 per month.
OPTION A Increase Council salaries
to $950 per month.
Authorized by Section
36516(a)(1)-(2)(A) based
on Sand City population
92 of less than 35,000.
OPTION B Increase Council salaries
above current rate of
$300 per month to an
amount less than $950
per month, with
possibility of future
ordinances to increase
salaries further up to
statutory maximums.
Section 36516(a)(1)-(2)
authorizes increases “up
to” maximums specified
in the statute, permitting
a smaller increase.
OPTION C No Change. Current Municipal Code
Section 2.08.010 would
remain in effect.
The law does not allow a fourth option of increasing salaries with a single ordinance to less than $950 and to then have automatic increases, such as increasing to $600 in 2024, $700 in 2025 and $800 in 2026. (Section 36516(a)(5) “No ordinance shall be enacted or amended to provide automatic future increases in salary.”) Increases like these would require additional ordinances.
Currently City Council compensation in area cities is below. Several cities have considered, or are planning to consider in the near future, additional increases to the salaries listed below.
City CC Members Mayor
Carmel-by-the-Sea $160 $160
Capitola $660 $660
Del Rey Oaks $75 $75
King City $375 $562
Marina $200 $250
Monterey1 $965.25 $1,417.50
Pacific Grove $420 $700
Scotts Valley $488.67 $488.67
Salinas $600 $800
Santa Cruz $1710 $3420
Seaside $400 $400
Pismo Beach $926.64 $1226.64
1 Increased on January 1, 2024.
93 Both Salinas and Monterey are considering, or have adopted, an ordinance to increase the salary of councilmembers during their current term. Both cities are charter cities, and are permitted by their respective charters to increase council compensation without having to wait for a new term.2 Charter cities are granted the power to set council compensation under Article XI, section 5 of the California Constitution (“It shall be competent in all city charters to provide, in addition to those provisions allowable by this Constitution, and by the laws of the State for…. the manner in which, the method by which, the times at which, and the terms for which the several municipal officers and employees whose compensation is paid by the city). By contrast, Sand City’s charter does not grant the power to choose a different compensation amount or effective date than provided by state law.
Any decision to adopt an ordinance increasing salaries would have to be initiated and completed before the November 2024 election in order to become effective in December 2024. If the Council were to further defer an increase until after the November 2024 election, the increase would only become effective following the November 2026 election.
CEQA:
This action does not constitute a "project" as defined by the California Environmental Quality Act (CEQA) guidelines section 15378.
FISCAL IMPACT:
There is minor fiscal impact associated with this recommendation. If the City Council adopts an ordinance for the maximum amount provided by law, the estimated cost is $3,000 per month once the new salary takes effect in December 2024.
RECOMMENDATION:
Staff recommends the following motions:
1. Discussion and Direction Regarding a Possible Ordinance Amending Sand City Municipal Code Section 2.08.010 to increase the Salary for the City Council and Mayor
ATTACHMENTS:
1. Draft Ordinance
5568064.1
2 Salinas City Charter: “The monthly salary of the Mayor and the members of the City Council shall be set by ordinance. The monthly salary shall not exceed the amount authorized by State law for cities of a similar size; provided however, that the salary of the Mayor may be set at a higher amount than the salary of the members of the City Council.”;
Monterey City Charter: "The Council may, by ordinance, provide for the compensation of Councilmembers provided that said compensation shall not exceed the amount permitted by State Law for General Law Cities of the same population; may provide for additional compensation for the Mayor; and may provide that increases shall take effect during the term of office of Councilmembers. Monies paid by other agencies to Councilmembers serving on the legislative body of said agencies shall not be considered compensation for the purposes of this section.” 94 Ordinance XXX Page 1
CITY OF SAND CITY
ORDINANCE NO. SC 24-____, 2024
ORDINANCE OF THE CITY COUNCIL OF SAND CITY AMENDING SECTION
2.08.010 OF TITLE 2, CHAPTER 2.08 OF THE MUNICIPAL CODE, “MAYOR AND CITY COUNCILMEMBERS”
WHEREAS, California Government Code Section 36516 provides that a city council may enact an ordinance providing that each member of the city council shall receive a salary based on the population of the city; and
WHEREAS, the compensation schedule set forth under Government Code Section 36516(a)(1) has not been adjusted since 1984; and
WHEREAS, Sand City Municipal Code section 2.08.010 sets City Councilmember and Mayor salaries at three hundred dollars ($300.00) per month, plus an additional five hundred dollars ($500.00) for the Mayor; and
WHEREAS, the City Council most recently increased the Mayor’s salary in 2023 pursuant to Ordinance 23-01, but the City has not updated City Council’s salary since 1985; and
WHEREAS, on June 29, 2023, the California Legislature passed SB-329, which amended Government Code Section 36516 to increase the maximum amounts of salary that can be approved by city ordinance in order to account for inflation and support diversity in city councils; and
WHEREAS, Government Code Section 36516(a)(2)(A) as amended in 2023 now provides that councilmember salaries for cities under 35,000 in population, may be up to and including nine hundred fifty dollars ($950) per month; and WHEREAS, according to the most recent U.S. Census, as of April 1, 2020, the population estimate for the City of Sand City was 325; and WHEREAS, the City finds that adjusting councilmember salaries would account for inflation and support diversity in the City Council because increased compensation can help individuals from across different income levels receive sufficient income for their service.
NOW, THEREFORE, The City Council of Sand City does ORDAIN as follows:
Section 1. AMENDMENTS
Section 2.08.010 (“Mayor and City Councilmembers”) of Title 2, Chapter
2.08 of the Sand City Municipal Code is hereby amended to read as follows:
2.08.010 Mayor and City Councilmembers.
95 Ordinance XXX Page 2
The monthly salary for each Council member shall be $ 950 per month.
The monthly salary for the Mayor shall be the same monthly salary paid to each Council member plus an additional $ 500 each month.
Section 2. Severability. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect.
To this end, provisions of this ordinance are severable. The City Council of Sand City hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
Section 3. Effective Date; Publication. This ordinance shall take effect thirty (30) days after adoption. Within fifteen days after the passage of this ordinance the City Clerk shall cause this ordinance or a summary thereof to be published once, with the names of those City Councilmembers voting for or against it in a newspaper of general circulation in Sand City as required by law.
PASSED AND ADOPTED, by the City Council of Sand City, this ___ day of January 2024 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
APPROVED:
___________________________
Mary Ann Carbone, Mayor
ATTEST:
DATED: ____________________
____________________________
Kerry Lindstrom, City Clerk
96