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Agenda packet

Sand City City Council
April 18, 2023

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Agenda packet
Meeting
April 18, 2023
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Sand City City Council
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REGULAR MEETING

JOINT SAND CITY COUNCIL AND

SUCCESSOR AGENCY OF THE

REDEVELOPMENT AGENCY
TUESDAY, APRIL 18, 2023
5:30 PM
1 AGENDA

JOINT SAND CITY COUNCIL AND SUCCESSOR AGENCY OF THE REDEVELOPMENT AGENCY
Regular Meeting - Tuesday, April 18, 2023
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 Chambers
1 Pendergrass Way
Sand City, CA
How to submit written Public Comments:

If any member of the public would like to provide written comments at the meeting, please do as set forth below.

Written: All comments received before 8:00 am the day of the meeting will be posted on the City’s website as “Correspondence” under the relevant agenda item and provided to the City Council members at the meeting. Please email your comments to: [email protected].

Read Aloud During the Meeting: Email your comments to [email protected]. When the Mayor opens the public comment period for the relevant agenda item; please indicate the agenda item and title in your email subject line. If you want your comment read aloud, prominently write “Read Aloud at Meeting” at the top of the email and your comments will be read into the record (not to exceed three minutes at staff’s cadence).

DURING EACH MEETING, members of the public may participate by calling and speaking live 2 1. ROLL CALL

2. PLEDGE OF ALLEGIANCE

3. INVOCATION

4. ANNOUNCEMENT BY MAYOR, CITY ATTORNEY, AND CITY MANAGER

5. COMMUNICATIONS
Members of the public may address the City Council/Successor Agency on matters not appearing on the City Council/Successor Agency Agenda at this time for up to three minutes. In order that the City Clerk may later identify the speaker in the minutes of the meeting, it is helpful if speakers state their names. Public comments regarding items on the scheduled agenda will be heard at the time the item is being considered by the City Council/Successor Agency.

The City Council Chambers podium is equipped with a portable microphone for anyone unable to come to the podium. If you need assistance, please advise the City Clerk as to which item you would like to comment on and the microphone will be brought to you.

6. CONSENT CALENDAR
The Consent Agenda consists of routine items for which City Council approval can be taken with a single motion and vote. A Council member may request that any item be placed on the Regular Agenda for separate consideration.
6A. Approval of a Resolution Recognizing National Crime Victims' Rights Week Staff Report
Crime Victims Rights Week Resolution

7. CONSIDERATION OF ITEMS PULLED FROM CONSENT CALENDAR

8. PRESENTATION
8A. Monterey-Salinas Transit SURF! Presentation
Sand City SURF! Presentation

9. PUBLIC HEARING
9A. Consideration of Candidates to Fill the Vacant Seat on City Council and Appointment of a City Councilmember to Serve the Remaining Term of Former Councilmember Cruz
Staff Report
Candidates Statements Exhibit A
Support of Candidates Exhibit B

10. NEW BUSINESS
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 11. CLOSED SESSION

12. ADJOURNMENT
The current agenda is available in PDF format on our website at:
www.sandcity.org
If you have a request for a disability-related modification or accommodation, including auxiliary aids or services, which will allow you to participate in a Sand City public meeting, please call the City Clerk at (831) 394-3054 extension 220, or give your written request to the City Clerk at 1 Pendergrass Way, Sand City, CA 93955 at least 48 hours prior to the scheduled meeting to allow the City Clerk time to arrange for the requested modification or accommodation.
4 AGENDA ITEM
6A.

Approval of a Resolution Recognizing
National Crime Victims' Rights Week
5 City of Sand City

STAFF REPORT
TO: Honorable Mayor and City Council
FROM: Kerry Lindstrom, City Clerk
SUBJECT: National Crime Victims’ Rights Week in Monterey County DATE: April 18, 2023
_____________________________________________________________________ DISCUSSION:

The Monterey County District Attorney’s Office, Victims of Crime Unit, has announced that the National Crime Victims’ Rights Week will be commemorated from April 23 through April 29, 2023.

Mayor Carbone will be attending the annual commemoration dedication ceremony on Friday, April 28, 2023, at 12:00pm at the Salinas Courthouse. Mayor Carbone has recommended a resolution be approved by the City Council in honor of National Crime Victims’ Right Week.

CEQA:

This action does not constitute a "project" as defined by the California Environmental Quality Act (CEQA) guidelines section 15378.

FISCAL IMPACT:

None.

RECOMMENDATION:

Approve resolution.
6 CITY OF SAND CITY
RESOLUTION SC ___, 2023
RESOLUTION OF THE CITY COUNCIL OF SAND CITY RECOGNIZING APRIL 23 – APRIL 29, 2023 AS NATIONAL CRIME VICTIMS’ RIGHTS WEEK
WHEREAS, in 1982, the US President’s Task Force on Victims of Crime envisioned a national commitment to a more equal and supportive response to victims; and WHEREAS, the term “victim” is more than just a label and connotes legal standing and protections that go along with it; and
WHEREAS, the crime victims’ Bill of Rights passed here in California and at the federal level guarantee victims the right to meaningfully participate and use their voices in the criminal justice process; and
WHEREAS, victim service providers, advocates, law enforcement officers, attorneys, and other allied professionals can help survivors obtain their justice by enforcing these rights; and WHEREAS, the right to provide an impact statement ensures that victims’ voices are considered in court during the sentencing and, when applicable, restitution processes; and WHEREAS, including and elevating the voices of survivors ensures they are heard and seen and creates a path to forging and sustaining community trust; and WHEREAS, engaging with survivors creates outcomes and services that are credible, meaningful, and centered on their individual needs; and WHEREAS, survivors’ lived experiences can serve as a catalyst for implementing innovative victim-centered programs and eliminating practices that exclude survivors from accessing services or pursuing justice; and
WHEREAS, the District Attorney of Monterey County has established an active Victim Assistance Program which has been assisting victims and witnesses of crime for over fortyfive years; and WHEREAS, in 2023, the Monterey County District Attorney’s Victim of Crime Unit provided 15,395 mandated services to over 3,173 new crime victims in Monterey County: and WHEREAS, National Crime Victims’ Rights Week provides an opportunity to recommit to listening to crime survivors in every space where decisions are made that could impact them; and
WHEREAS, Monterey County is hereby dedicated to amplifying the voices of survivors and creating an environment where survivors have the confidence that they will be heard, believed, and supported.
7 NOW, THEREFORE, BE IT RESOLVED that the City Council of Sand City does hereby recognize the Week of April 23 - April 29, 2023, as National Crime Victims’ Rights Week.

PASSED AND ADOPTED by the City Council of the City of Sand City this 18th, day of April 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:
___________________________
Mary Ann Carbone, Mayor
ATTEST:

DATED: ____________________
___________________________
Kerry Lindstrom, City Clerk
8 AGENDA ITEM
8A.

Monterey-Salinas Transit SURF!
Presentation
9 S U R F !
Busway & Bus Rapid
Transit Project
April 18, 2023
Presented to: Sand City Council
By: Monterey-Salinas Transit
Lisa Rheinheimer, Assistant General Manager
10 OVERVIEW
a. Bus Rapid Transit and Regional Vision
b. History and Background
c. SURF! Project, Community Benefits, and Support
d. Transit Investment and Schedule
2 11
MONTEREY-SALINAS TRANSIT IN 2022
 By the numbers:
 1.9 million fixed-route and ADA RIDES
passengers
 33 transit lines within 159 square miles
 $41.1 million operating budget, $10.4
million capital budget
 232 direct employees
3 12
BUS

RAPIDTRANSIT
 Exclusive bus-only lanes
 Frequent service  Level boarding, faster fare
payments (contactless)
 Traffic signal prioritization  Branded route/service  Decreased travel time 4 13

REGIONAL
VISION:

Connecting
communities.

Creating
opportunity.

Being kind to our
planet.
5 14
HISTORY AND BACKGROUND 6
 1881-1971 Passenger rail service between San Francisco to Monterey Peninsula
 1971-1990’s Freight service continues on SPR and UP line  2003 TAMC purchases Branch Line for transit
purposes with State Proposition 116 funds
15 HISTORY AND BACKGROUND 7
 2014 TAMC supports Bus Rapid Transit on Monterey Branch Line  2016 Measure X approved with rapid bus in the corridor project, voter support
 2018 MST Monterey Bay Area Feasibility Study of Bus on Shoulder Operations on State Route 1 and the Monterey
Branch Line
 Branch line alternative is the stronger performer compared to other options
 2022- 23 FULLY FUNDED! MST receives $49.6M in State/Federal funding
16 Typical Traffic
Delay
(August 2021)
8 17
9 MST bus
August 2021 18
10 Monterey
Bay
Monterey
Marina
Seaside
Sand City
SURF! PROJECT
19 KEY PROJECT COMPONENTS
 Transit service to/from Salinas and Monterey Peninsula  Exclusive busway between Marina and Sand City/Seaside  Transit signal prioritization
 1+ miles of new bicycle and pedestrian trails
 New mobility hub and new bus stops
 Roundabout at California and Highway 1
11 20
CURRENT TRANSIT SERVICE MAP 12
Marina Transit
Exchange
5 th Street
Station
Sand City
Station
Monterey
Bay
Marina
Seaside
Sand
City
Monterey
Transit Plaza
Salinas Transit
Center
SURF!
Project
21 DEMOGRAPHICS
13 Population within ¾ mile of a bus stop (Census 2020) 112,500 % of people living with a disability ~11%
% of people who are 65+ ~14
Veterans ~5,800
% of people in poverty ~13%
% of people who are non-White or of Hispanic / Latino origin (Census 2020)
~64%
% of workers who take public transit to work ~2%
Jobs within ¾ mile 39,100 22
14 23
Project Video Simulation
15 https://vimeo.com/790648105/66a6072935
24 CALIFORNIA/FREMONT (SAND CITY/SEASIDE) 16
25 CALIFORNIA TO PLAYA (SAND CITY/SEASIDE) 17
26 CALIFORNIA/
PLAYA
(SAND CITY/

SEASIDE)
18 27

CONNECTING COMMUNITIES
19  Provides transit for seniors, persons with
disabilities, veterans, and low-income residents
 Travel time savings by using transit
 Buses travel faster, bypassing Highway 1 traffic
 Frequent buses with seamless service, every 15 minutes 28 CREATING OPPORTUNITY
20  Support growing communities
 Uses skilled and trained workforce
 Provides access to employment, education, and
healthcare for communities with low income and
low car ownership
 Increases opportunities for HCD funding
29 BEING KIND TO OUR PLANET
21  Reduces air pollution
 Lowers GHG emissions = 1,518 acres of forest every year  Reduces traffic by 544,582 trips every year
 Lowers vehicle miles traveled (VMT) by 2.7M every year  Uses only zero-emissions buses, cleaner and quieter
30 SUPPORTERS
Assemblymember Robert Rivas
Senator John Laird
CA Transportation Commission
State Parks
Caltrans
CHISPA
LandWatch
Blue Zones Project
City of Marina
City of Seaside
Sand City
City of Monterey
Fire Chiefs
Monterey Bay Aquarium
Monterey Peninsula and Salinas
Valley Chambers
22 31

WHAT PEOPLE ARE SAYING
 Over 100 outreach meetings, 2,500 participants and ongoing  "Public transportation brings a community together - more buses is a good thing!"
 "With the new building projects in the area, we need this project."  "This infrastructure needs to be done. We are falling behind as a country."  “Excellent idea! [SURF!] seems much more feasible than rail and beneficial to all demographics. I hope this concept can come to fruition at some point in the near future!”
23 32

PROJECT COST
AND

ECONOMIC IMPACT
JOBS CREATED: 661-858
ECONOMIC IMPACT: $330M
24 Est. construction cost: $52.7 M
•TAMC Measure X - $15 M
• State Local Partnership - $100,000
• State earmark - $2.5 M
• State TIRCP - $25 M
•Federal $69,000
•Federal CIG $22.1 M
•MST Budget $1.3
Fully Funded - $66.1 M
TOTAL PROJECT COST: $66.1 M
*ESCALATED TO YEAR OF CONSTRUCTION 33

PROJECT SCHEDULE
Complete
•CEQA and NEPA
Environmental
•35% Design
•MMRP
Current
•Permitting
•65% Design
•CM/GC
•Mitigations Package
2024-2026
•Final Design
•Construction 18-24
months
•Begin service 2026
25 Ongoing Community Participation and Outreach
34 QUESTIONS
26 35

AGENDA ITEM
9A.

Consideration of Candidates to Fill the
Vacant Seat on City Council and
Appointment of a City Councilmember to
Serve the Remaining Term of Former
Councilmember Cruz
36 City of Sand City
Staff Report
DATE: April 18, 2023
TO: Honorable Mayor and City Council
FROM: Vibeke Norgaard, City Manager
Adam U. Lindgren, Interim City Attorney
SUBJECT: Filling Vacancy on City Council
RECOMMENDATION:

Adopt the resolution attached to this staff report to appoint a new Councilmember to serve for the remainder of former Councilmember Cruz’s term, ending on December 31, 2024.

BACKGROUND:

On March 21, 2023, the Council adopted Resolution No. 23-13 declaring former Councilmember Kim Cruz’s seat on the City Council vacant in accordance with the City’s Charter and established a timeline and process to fill the vacancy. City staff notified the community of the vacancy and received five statements of interest from prospective City Council candidates. At its April 4th, 2023 City Council meeting, four of the candidates gave a brief presentation about themselves and answered questions from the Council. The City Council discussed each candidate and each member announced their top two choices, resulting in a tie between two candidates. The Council, therefore, decided to move three candidates forward for final consideration at the April 18, 2023 meeting. Those candidates’ statements of interest are attached to this staff report as Exhibit A. City staff has received several letters of support for candidates from members of the public which are attached to this staff report as Exhibit B.

RECOMMENDED PROCEDURE:

On April 18, 2023, the City Council will have the opportunity to discuss the remaining candidates and appoint a qualified person to fill the vacancy. The suggested procedure is as follows:

1. Council to ask any remaining questions of candidates and then again announce their top two choices.

2. The City Clerk will tabulate the top two choices.

3. The Council will then vote again on their top choice out of the remaining two. 37 If the City Council cannot decide upon an appointment, then the item will be continued to the next meeting for additional discussion.

Under the charter provision, a new Councilmember will be required to be selected by May 5, 2023, or the appointment will be decided by the Mayor. The new Council Member will serve for the remainder of former Council Member Cruz’s term, ending on December 31, 2024.

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 this decision. 38 ANNOUNCEMENT REGARDING VACANT City Council seat
On March 21, 2023, the City Council of Sand City approved a procedure to fill a vacant seat on the City Council. If you are an elector in City of Sand City and are interested in the appointment to City Council, please submit the attached Statement of Interest to the City Manager before Monday April 3, 2023 at 3:00 PM by mailing it to City Hall, Attention: City Manager, 1 Pendergrass Way, Sand City, CA 93955 or handing it in to the City at City Hall in person. Please also be available to join a public appointment process at City Hall at its regular meeting on Tuesday April 4, 2023 starting at 5:30 PM.

STATEMENT OF INTEREST

CITY COUNCIL OF SAND CITY, CALIFORNIA
Name: f'{1 \ c.. he..\\�
Contact Phone Number:

Address of Current Residence:

SA�o C,+\.1, CP., 939S5
I hereby declare under penalty of perjury under the laws of the State of California that I am eligible to be considered as a City Council Member representing Sand City, meeting the residency requirements and all other local and state laws. I understand that the information provided in this · · nline and provided as public information in its entirety. r)_] - 3 o -z..o23
Date
This form and written responses to the questions below are to be submitted for consideration by the City Council. This form together with any other documentation such as a resume, letters of support, and questionnaire responses must be received by the City Council of Sand City by 12:00 PM on Monday, April 3, 2023.

This Statement of Interest and supporting material will become a public document and distributed to the City Council for their review and consideration.

Please include a written response to the following questions. Attach additional sheets as needed.

1. Provide a resume and/or statement outlining your professional experience, community participation, public service, education, and other related activities that make you an ideal candidate to be appointed to the vacant City Council position.

2. Provide a brief statement identifying three reasons why you are interested to fill the vacant City Council seat to benefit our community.

RECEIVED
APR - 3 2023

CITY OF SAND CITY
Exhibit A
39 40
41 42
43 44
45 46
47 48
49 50
4/10/23, 1:02 PM Mail - Kerry Lindstrom - Outlook
https://outlook.office.com/mail/inbox/id/AAMkAGEwODI4ODBlLTljZDMtNDlmMy1hYTBmLWE1OTA2NTBkYTkzNwBGAAAAAABUIXwxNhhDSZMEQr… 1/2 FW: City Council Seat Appointment
Vibeke Norgaard <[email protected]>
Fri 4/7/2023 2:58 PM
To: Vibeke Norgaard <[email protected]>
Cc: Kerry Lindstrom <[email protected]>
Good afternoon Mayor and Council, Please see the public comment below.  Thanks, Vibeke Vibeke Norgaard / City Manager
City of Sand City
1 Pendergrass Way
Sand City, CA 93955
Cell (831) 917-6229
Office: (831) 394-3054
CONFIDENTIALITY NOTICE: This email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential information. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender by a reply email and destroy all copies of the original message.
-----Original Message-----
From: brian clark <[email protected]>
Sent: Thursday, April 6, 2023 9:51 AM
To: Vibeke Norgaard <[email protected]>
Subject: City Council Seat Appointment
V -
Happy Easter - I am in France (St. Malo) for Easter.  Swung thru our country last week (Copenhagen).

Was nice and sunny - pleasant surprise.

If you end up casting the deciding vote I'd like to lend my support to Luke's camp.

He has energy, ideas, creative problem solver - engaged in life.  The City should demand and needs more than a warm body or another caretaker Council person.

I'd think it would also make your life more interesting to have a Council person who is intellectually curious and engaged in life.  Luke is the right man for the moment given the finalists.

Good luck.

I would have run but a foregone conclusion a waste of time politically because of my vocal support for shifting policing services to an adjacent police department (Seaside).  I gave Department of Justice pertinent City background - their response IF the City was unwilling to contract out to adjacent Exhibit B
51 4/10/23, 1:02 PM Mail - Kerry Lindstrom - Outlook
https://outlook.office.com/mail/inbox/id/AAMkAGEwODI4ODBlLTljZDMtNDlmMy1hYTBmLWE1OTA2NTBkYTkzNwBGAAAAAABUIXwxNhhDSZMEQr… 2/2 municipality or County Sheriffs office - a police department of THREE.

Thank you for your continued help with Mural RFP and process.

Happy Easter to you and your tribe -
Best always,
Brian Clark
Sent from my iPhone
52 4/10/23, 1:03 PM Mail - Kerry Lindstrom - Outlook
https://outlook.office.com/mail/inbox/id/AAMkAGEwODI4ODBlLTljZDMtNDlmMy1hYTBmLWE1OTA2NTBkYTkzNwBGAAAAAABUIXwxNhhDSZMEQr… 1/2 FW: city council
Vibeke Norgaard <[email protected]>
Fri 4/7/2023 3:00 PM
To: Vibeke Norgaard <[email protected]>
Cc: Kerry Lindstrom <[email protected]>
Hello Again Mayor and Council, Please see the additional public comment attached below. Have a lovely weekend! Vibeke
Vibeke Norgaard / City Manager
City of Sand City
1 Pendergrass Way
Sand City, CA 93955
Cell (831) 917-6229
Office: (831) 394-3054
CONFIDENTIALITY NOTICE: This email message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential information. Any unauthorized review, use, disclosure, or distribution is prohibited. If you are not the intended recipient, please contact the sender by a reply email and destroy all copies of the original message.

From: Michelle Djokic <[email protected]>
Sent: Thursday, April 6, 2023 9:42 AM
To: Vibeke Norgaard <[email protected]>
Subject: city council
Dear Vibeke,
I was so grateful to have been able to attend the most recent city council meeting to understand more of the potential candidates for the open city council position. I was inspired by each of the candidates' commitment to Sand City and their willingness to serve.

I am however concerned that the selection criteria for serving on the council may not fulfill the upcoming needs for the city to keep up with the growth we have coming our way.

I was so impressed by Michelay"s (sp?) life experience and skill set with regard to conflict resolution and social skills. Her communication skills and comfort in all situations seem to make her more suitable for a liaison committee that would engage our community with the police force. However, I don't think that is all of what is needed most at this time.

Ms. Diaz is also to be commended for her years of service in the military and her wanting to serve Sand City from a bookkeeping point of view.
53 4/10/23, 1:03 PM Mail - Kerry Lindstrom - Outlook
https://outlook.office.com/mail/inbox/id/AAMkAGEwODI4ODBlLTljZDMtNDlmMy1hYTBmLWE1OTA2NTBkYTkzNwBGAAAAAABUIXwxNhhDSZMEQr… 2/2 However, I did not sense from these two candidates that they held a strong view of what the future potentially holds for Sand City and the growing pains we will need to navigate.

Excuse me for not knowing the candidates' full names.

Speaker #2, Luke, possessed energy, skills and investment in the city that I feel would best serve us moving forward. He is a graphic artist, which could help tremendously in the way the city website and newsletters appear. His knowledge and interest in matters with regard to the inner workings of the city would be vital as we make critical decisions on our infrastructure. And he seems impassioned to use his skill sets to help us move forward.

I feel very strongly that we should move to create a city council that reflects energy and youthful forward thinking which I think we all share but don't exactly reflect that. It could also inspire more of the younger generation to get involved in politics of our city as future openings reveal themselves.

I thank the city council, the Mayor and yourself for your careful consideration in making this very important decision.

Most sincerely,
Michelle
mobile :
54 55

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