Joint Sand City Council and Successor Agency of the Redevelopment Agency

MINUTES JOINT SAND CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY Regular Meeting - Tuesday, January 16, 2024 5:30 PM As allowed by Assembly Bill AB 2449, this meeting was conducted in person and by teleconference. Mayor Carbone called the meeting to order at 5:30 PM . 1. ROLLCALL Present: Mayor Carbone Vice Mayor Blackwelder Councilmember Diaz Councilmember Hawthorne Councilmember Sofer Staff: City Manager Vibeke Norgaard Police Chief David Honda Interim City Attorney Anthony Amara City Clerk Kerry Lindstrom 2. PLEDGE OF ALLEGIANCE Chief Honda led the Pledge of Allegiance. 3. INVOCATION No invocation was made. 4. ANNOUNCEMENT BY MAYOR, CITY ATTORNEY, AND CITY MANAGER The Mayor placed informational handouts on the table and stated she has been out of town and unable to provide a Mayor's Report this week. City Manage Vibeke Norgaard provided an updated City Manager's Report and made it available to the public. 5. COMMUNICATIONS Public comment was received from Chandler Roland, Jetty Hubler, Supervisor Wendy Root-Askew, and Luke Kilpatrick. 6. CONSENT CALENDAR No public comment was received. Upon motion by Vice Mayor Blackwelder and seconded by Councilmember Hawthorne, the Council voted 5-0 to approve the Consent Calendar. 6A. Approved the City Council Regular Meeting Minutes for December 5, 2023. 6B. Approved Resolution SC 24-01 Accepting a Gift of Land from DBO Development No. 30, LLC Located Within Sand City, APN 011-011-051. 7. CONSIDERATION OF ITEMS PULLED FROM CONSENT CALENDAR No items were pulled. 1

8. PRESENTATION No public comment was received. BA. Received a presentation of certificates to volunteers and supporters of the 2023 West End Celebration from Steve Vagnini. 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 Public comment received from Brian Clark and Luke Kilpatrick. Upon motion by Councilmember Hawthorne and seconded by Vice Mayor Blackwelder, Council waived rnading of the ordinance in full and read by title only and introduced and held first reading of an ordinance adding Chapters 1.20 and 1.22, "Administrative Enforcement" and "Administrative Citations" to the Sand City Municipal Code. Motion carried 5-0, by the following vote: AYES: NOES: ABSENT: ABSTAIN: Mayor Carbone, Vice Mayor Blackwelder, Councilmembers Diaz, Hawthorne, and Sofer. None. None. None. 9B. Approve a Resolution Amending the Planning and Building Department Master Fee Schedule Public comment received from Brian Clark and Luke Kilpatrick. Council discussed amending the Planning and Building Department Master Fee Schedule and provided direction to staff to gather a historical financial analysis to find out how much the City has been subsidizing from the general fund and to bring this information back to Council at a future meeting. 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. Upon motion by Vice Mayor Blackwelder and seconded by Councilmember Sofer, Council voted 5-0 to continue Item 10A. 2

1 OB. Discussion and Direction Regarding a Possible Ordinance Amending Title 2, Chapter 2.08, Section 2.08.01 Oto Increase the Salary for the City Council and Mayor Public comment received from Luke Kilpatrick. Council discussed a possible ordinance amending Title 2, Chapter 2.08, Section 2.08.01 Oto increase the salary for the City Council and Mayor and provided direction to staff to bring a draft ordinance to Council for first read and introduction increasing the monthly salary for each Councilmember to $950 plus an additional $500 for the Mayor. 11. COMMENTS BY COUNCILMEMBERS ON ITEMS OF INTEREST TO SAND CITY Mayor Carbone reminded the Council to RSVP to the City Clerk for the League of California Cities Division meeting on January 25, 2024. 12. ADJOURNMENT Council adjourned the meeting at approximately 8:1 0 PM. 3

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: cityclerk@sandcityca.org. Read Aloud During the Meeting: Email your comments to cityclerk@sandcityca.org. 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 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

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: cityclerk@sandcityca.org. Read Aloud During the Meeting: Email your comments to cityclerk@sandcityca.org. 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 Source: Monterey County GIS 2024, Google Earth 2024Parcel 011-011-051 (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 16 th , 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, p