AGENDA
Tuesday, February 1, 2022 5:00 P.M. Open Session
5:10 P.M. Closed Session
SPECIAL MEETING
CITY COUNCIL, AIRPORT COMMISSION,
MARINA ABRAMS B NON-PROFIT CORPORATION, PRESTON PARK SUSTAINABLE
COMMUNITY NON-PROFIT CORPORATION, SUCCESSOR AGENCY OF THE FORMER
MARINA REDEVELOPMENT AGENCY AND MARINA GROUNDWATER
SUSTAINABILITY AGENCY
Council Chambers
211 Hillcrest Avenue
Marina, California
Zoom Meeting URL: https://zoom.us/j/730251556
Zoom Meeting Telephone Only Participation: 1-669-900-9128 - Webinar ID: 730 251 556
In accordance with California Government Code §54953(e)(1)(A) and (C) and the Proclamation of a State of Emergency issued by Governor Newso m on March 4, 2020, under the provisions of G overnment Code §8625 related to the COVID -19 (coronavirus) pandemic, consistent with recommendations by State and local health officials regarding social distancing and in order to prevent an imminent risk to the health and safety of attendees as determin ed in Resolution 2022-02, public participation in City of Marina City Council public meetings shall be electronic only and without a physical location for public participation until the earlier of February 10, 2 022, or such time as the City Council may ado pt a resolution in accordance with Government Code §54953(e)(3). This meeting is being broadcast “live” on Access Media Productions (AMP) Community Television Cable 25 and on the City of Marina Channel and on the internet at https://accessmediaproductions.org/
PARTICIPATION
You may participate in the City Council meeting in real-time by calling Zoom Meeting via the weblink and phone number provided at the top of thi s a genda. Instructions on how to acce ss, view a nd participate in remote meetings are provided by visiting the City’s home page at https://cityofmarina.org/. Attendees can make oral comments during the meeti ng by u sing the “Raise Your Hand” feature in the webinar or by pressing *9 on your telephone keypad if joining by phone only. If you are unable to participate in real-time, you may email to [email protected] with the subject line “Public Comment Item#__ ” (insert the item number relevant to your comment) or “Public Comment – Non Agenda Item.” Comments will be reviewed and distr ibuted before the meeting if received by 5:00 p.m. on the day of the meeting. All c omments received will become part of t he record. Council will have the option to modify their action on items based on comments received.
AGENDA MATERIALS
Agenda materi als, staff reports and background information related to regular agenda items are available on the City of Marina’s websit e www.cityofmarina.org. Materials r elated to an item on this agenda submitted to the Coun cil after distribution of the agenda packet will be made available on the City of Ma rina website www.cityofmarina.org subject to City staff’s ability to post the documents before the meeting
Agenda for City Council Meeting of Tuesday, February 1, 2022 Page 2
VISION STATEMENT
Marina will grow and mature from a small tow n bedroom community to a small city w hich i s diversified, vibrant and through pos itive relationships with regional agencies, self -sufficient. The City will develop in a way that insulates it from the negative impacts of urban sprawl to become a desirable residential and business community in a natural setting. (Resolution No. 2006-112 - May 2, 2006)
MISSION STATEMENT
The City Council will provide the leadership in protecting Marina’s natural setting while developing the City in a way that provides a bala nce of housing, jobs and business opp ortunities that will result in a community c haracterized by a desirable quality of life, including recreation and cultural opportunities, a safe environment and an economic viability that supports a high level of munici pal services and infrastructure. (Resolution No. 2006-112 - May 2, 2006)
1. CALL TO ORDER
2. ROLL CALL & ESTABLISHMENT OF QUORUM: (City Council, Airport Commissioners, Marina Abrams B Non -Profit Corporation, Preston Park Sustainable Communities Nonpr ofit Corporation, Successor Agency of the Former Redevelopment Agency Members and Marina Groundwater Sustainability Agency)
Cristina Medina Dirksen, David Burnett, Lisa Berkley, Mayor Pro -Tem/Vice Chair Kathy Biala, Mayor/Chair Bruce C. Delgado.
3. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE (Please stand)
4. CONSENT AGENDA: Background information has been provid ed to t he City Cou ncil, airport, Marina Abrams B Non -Profit Corporation, and Red evelopment Agency on all matters listed under the Consent Agenda, and these items are considered to be routi ne. All items unde r the Consent Age nda are normally appro ved by one motion. Prior to such a motion being made, any member of t he public or the City Council may ask a questio n or make a comment about an agenda item and staff will provide a response. a. ADOPTION OF RESOLUTION:
City Council consider adopting Reso lution No. 20 22-, recognizing a Local Emergency Persists, Re-Ratifying the Proclamation of a State of Emergency by Governor Newsom on March 4, 2020, and Re-Authorizing Remote Teleconference Meetings of the City Council of the City of Marina and its Constituent Bodies for the Period February 1, 2022 through March 3, 2022, pursuant to Brown Act Provisions.
5. CLOSED SESSION: As permitted by Government Code Sect ion 54956 et seq., the (City Council, Airport Commissioners, Marina Abrams B Non -Profit Corporation, Preston Park Sustainable Communities Nonpr ofit Corporation, Successor Agency of the F ormer Redevelopment Agency M embers and Ma rina Groundwater Sustainabili ty Agency) may adjourn to a C losed or E xecutive Session to consider specific matters dealing with litigation, certain personnel matters, property negotiations or to confer with the City’ s Meyers-Milias-Brown Act representative.
a. Conference with Legal Counsel – anticipated litigation, significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of CA Govt. Code sec. 54956.9 – one potential case.
Agenda for City Council Meeting of Tuesday, February 1, 2022 Page 3
b. Conference with Legal Counsel, five (5) case of existing litigation pursuant to paragraph (1) of subdivision (d) of CA Govt. Code Section 54956.9:
(1) Appeal No. A -3-MRA-19-0034 by California American Water Company, et. al., to the California Coastal Commission over Denial by the City of Marina for a Coastal Development Permit for Construction of Slant Intake Wells for the Monterey Peninsula Water Supply Project; (2) Appeal by the City of Marina and Marina Groundwater Sustainability Agency of Monterey County Superior Court Case No. 19CV005270, C ity of Marina and Marina Groundwater Sustainability Agency v. County of M onterey; Monterey County Board of Supervisors; County of Monterey Groundwater Sustainability Agency; California Department of Water Resources (DWR); and Director Karla Nemeth in her official capacity; (3) City of Marina v. RMC Lonestar, RMC Pacific Materia ls LLC, California -American Water Company, Marina Coast Water District, and Monterey County Water Resources Agency, Monterey County Superior Court Case No. 20CV001387; (4) California-American Water Company v. All Persons Interested in the Validity of the C ity of Marina Groundwater Sustainability Agency’s Sustainability Plan for the M arina GSA Area of the 180 -/400-foot Aquifer Subbasin; City of Marina; City of Marina Groundwater Sustainability Agency and does 1-50; and (5) City of Marina, et al. v. All Perso ns Interested in the Validity of the Monterey County Groundwater Sustainability Plan, Monterey County Superior Court Case No. 21CV000493
c. Conference with Labor Negotiator (Govt. Code Section 54957.6) City’s Designated Representative: City Manager
Unrepresented Employees:
Assistant City Manager
Public Works Director/City Engineer
Community Development Department Director
Finance Director
Police Chief
Fire Chief
Recreation & Cultural Services Director (vacant position)
6. ADJOURNMENT:
CERTIFICATION
I, Anita Sharp, Deputy City Clerk, of the City of Marina, do hereby certify that a copy of the foregoing agenda was posted at City Hall and Council Cham bers Bulletin Board at 211 Hillcrest Avenue, Monterey County Library Marina Branch at 190 Seaside Circle, City Bulletin Board at the corne r of Reservation Road and Del Monte Boulevard on or before 6:30 p.m., Friday, January 28, 2022.
___________________________________
ANITA SHARP, DEPUTY CITY CLERK
City Council, Airport Commission and Redev elopment Agency meet ings are recorded on tape and available for public review and listening at the Office of the City Clerk and kept for a period of 90 days after the formal approval of MINUTES.
Agenda for City Council Meeting of Tuesday, February 1, 2022 Page 4
City Council meetings may be vie wed live on the meeting night and at 12:30 p.m. and 3:00 p.m. on Cable Chan nel 25 on the Sunday foll owing the Regular City Council meeting date. In addition, Council m eetings can be viewed at 6: 30 p.m. every Monday, Tuesd ay a nd W ednesday. For more information ab out viewing t he Counc il Meetings on Chann el 2 5, y ou ma y contact Acc ess Monter ey Peninsula directly at 831-333-1267.
Agenda items and staff re ports are public re cord a nd are available for public review on the City's website (www.ciytofmarina.org), at the Monterey C ounty Marina Li brary Bran ch at 190 Seaside Circle and at the Office of the City Clerk at 211 Hillcrest Avenue, Marina between the hours of 10:00 a.m. 5:00 p.m., on the Monday preceding the meeting.
Supplemental materials received after the close of the final agenda and through noon on the day of the scheduled meeting will be available for pu blic review at the City C lerk’s Office during regular office hours and in a ‘Supplemental Binder’ at the meeting.
Members of the public may receive the City Council, Airport Commission and Successor Agency of the Former Redevelopment A gency Age nda at a cos t of $55 per year or by p roviding a self -addressed, stamped envelope to the City Clerk. The Agenda is also available at no cost via email by notifying the City Clerk at [email protected]
ALL MEETINGS A RE OP EN TO THE PUBLIC. T HE CIT Y OF M ARINA DOE S N OT DISCRIMINATE AGAINST PERSONS WITH DIS ABILITIES. Council Chambers are wheelc hair accessible. meetings are broadcast on cable channel 25 and recordings of m eetings can be provided upon request. to request assistive listening devi ces, sign language in terpreters, readers, large print agendas or other accommodations, please call (831) 884-1278 or e-mail: [email protected]. requests must be made at least 48 hours in advance of the meeting.
January 27, 2022 Item No. 4.a
Honorable Mayor and Members City Council Special Meeting of the Marina City Council of February 1, 2022
CITY COUNCIL CONSIDER ADOPTING RESOLUTION 2022-,
RECOGNIZING A LOCAL EMERGENCY PERSISTS, RE -RATIFYING THE
PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR
NEWSOM ON MARCH 4, 2020, AND RE -AUTHORIZING REMOTE
TELECONFERENCE MEETINGS OF THE CITY COUNCIL OF THE CITY OF
MARINA AND ITS CONSTITUENT BODIES FOR THE PERIOD FEBRUARY 1, 202 2 THROUGH MARCH 3, 2022 , PURSUANT TO BROWN ACT PROVISIONS.
REQUEST:
It is requested that the City Council consider:
1. Adopting Resolution No. 2021 -, regarding the Ralph M. Brown Act (California Government Code §§54950-54963, hereinafter the “Brown Act”) making certain findings; and authorizing the City to continue to implement remote teleconferenced public meetings of the City Council and its constituent bodies for the period February 1, 2022 through March 3, 2022.
BACKGROUND:
Government Code §54953(e) allows cities to continue to meet remotely during states of emergency proclaimed by the Governor under modified Brown Act requirements that are similar to but not identical to the rules and procedures established by the prior Executive Orders of Governor Newsom relating to the relaxation of certain Brown Act requirements during the COVID -19 pandemic.
Government Code §54953(e) authorizes local agencies to use teleconferencing without complying with teleconferencing requirement imposed by the Brown Act during a declared state of emergency when state or local health officials have imposed or recommended measures to promote social distancing during the proclaimed state of emergency or when the legislative body had determined by majority vote that meeting in person would present imminent risks to the health or safety of attendees.
At a special meeting held on October 5, 2021, the City Council adopted Resolution 2021-104 regarding the Brown Act making certain findings, and authorizing the City to implement remote teleconferenced public meetings of the City Council and its constituent bodies might be held without compliance with Government Code §54953(b)(3) for the period October 5, 2021 through November 4, 2021; subsequently on November 2, 2021, the Council adopted Resolution 2021 - 113 extending that period until December 2, 2021 ; on November 16, 2021, the Council adopted Resolution 2021-118 extending that period until December 16, 2021; on December 14, 2021, the Council adopted Resolution 2021 -134 extending th at period under January 13, 2022; and on January 11, 2022, the Council adopted Resolution 2022 -02 extending the period during which remote teleconferenced public meetings of the City Council and its constitue nt bodies might be held without compliance with Government Code §54953(b)(3) to February 10, 2022.
1 ANALYSIS:
On June 11, 2021, Governor Newsom issued Executive Order N-08-21 which among other things rescinded his prior Executive Order N -29-20 and set th e date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act.
As the Delta variant surged in California, the legislature took action to extend the COVID -19 exemptions to the Brown Act’s teleconference requirements, subject to some additional requirements. California and Monterey County are presently experiencing a surge in the rapidly- spreading Omicron variant. Assembly Bill 361 amended Government Code §54953 and allowed a local agency to use teleconferencing in any of the following circumstances without complying with certain Brown Act provisions:
1. The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.
2. The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
3. The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote taken at a meeting held for the purpose described in 2 above, that as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.
A local agency that holds a meeting under any of these circumstances would be required to follow certain requirements listed in the attached Resolution , in addition to giving notice o f the meeting and posting agendas as required under the Brown Act. These additional requirements are intended to protect the public’s right to participate in the meetings of local agency legislative bodies. The City of Marina adheres to the listed requirements.
Government Code §54953(e)(3) provides that if the state of emerge ncy remains active for more than 30 days, a local agency must make the following findings by majority vote every 30 days to continue using the exemption to the Brown Act teleconferencing requirements:
● The legislative body has reconsidered the circumstances of the emergency; and
● Either of the following circumstances exist: the state of emergency continue to directly impact the ability of members to meet safely in person or State or local officials continue to impose or recommend social distancing measures.
The goal of Government Code §54953 as revised by AB 361 is to improve and enhance public access to local agency meetings during the COVID -19 pandemic and future applicable emergencies by allowing broader access through teleconferencing options. The current version of Government Code §54953 became effective on September 16, 2021, with a sunset of the present version on January 1, 2024.
FISCAL IMPACT:
None identified.
2 CONCLUSION:
This request is submitted for City Council consideration and possible adoption of a resolution proclaiming a local emergency persists, re -ratifying the proclamation of a state of emergency by Governor Newsom on March 4, 2020, and re-authorizing remote teleconference meetings of the City Council of the City of Marina and its constituent bodies for the period February 1, 2022 through March 3, 2022, pursuant to Brown Act provisions.
Respectfully submitted,
Robert W. Rathie
Robert Rathie
City Attorney’s Office
City of Marina
REVIEWED/CONCUR:
___________________________
Layne Long
City Manager
City of Marina
3 RESOLUTION NO. 2022-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA
RECOGNIZING A LOCAL EMERGENCY PERSISTS, RE -RATIFYING THE
PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND RE-AUTHORIZING REMOTE TELECONFERENCE
MEETINGS OF THE CITY COUNCIL OF THE CITY OF MARINA AND ITS CONSTITUENT BODIES FOR THE PERIOD FEBRUARY 1, 2022 THROUGH MARCH 3, 2022, PURSUANT TO BROWN ACT PROVISIONS.
WHEREAS, the City of Marina is committed to preserving and nurturing public access and participation in meetings of the City Council and its constituent bodies; and
WHEREAS, all meetings of City of Marina’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and
WHEREAS, the Brown Act, Government Code section 54953(e), makes provision for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and
WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and
WHEREAS, a proclamation is made when there is an actual incident, threat of disaster, or extreme peril to the safety of persons and property within the jurisdictions that are within the City’s boundaries, caused by natural, technological or human-caused disasters; and
WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and
WHEREAS, the City Council previously adopted Resolution No. 2021- 104 on October 5, 2021, Resolution 2021-113 on November 2, 2021, Resolution 2021-118 on November 16, 2021, Resolution 2021-134 on December 14, 2021, and Resolution 2022 -02 on January 11, 2022, finding that the requisite conditions exist for the City Council and its constituent bodies to conduct remote teleconference meetings without compliance with paragraph (3) of subdivision (b) of section 54953 through February 10, 2022; and
WHEREAS, as a condition of extending the use of the provisions found in section 54953(e), the City Council must reconsider the circumstances of the state of emergency that exists in the City, and the City Council has done so; and
WHEREAS, emergency conditions persist in the City, specifically, the March 4, 2020, proclamation by the Governor of a state of emergency in the State of California due to COVID-19 and the March 13, 2020, proclamation of a state of emergency in the City of Marina by the City Manager, as the City’s Director of Emergency Services, due to COVID-19 which was subsequently ratified by the City Council on March 17, 2020, and after having been supplemented twice, and both proclamations of states of emergency remain in effect; and
4 Resolution No. 2022-
Page Two
WHEREAS, on September 22, 2021, the County of M onterey Health Department issued a Recommendation Regarding Social Distancing Including Remote Meetings of Legislative Bodies, attached hereto as Attachment 1; and
WHEREAS, the City Council does hereby find that California and Monterey County are presently experiencing a surge in the rapidly-spreading COVID-19 Omicron variant and as of January 26, 2022, the federal Centers for Disease Control and Prevention rated the risk level for community transmission of COVID-19 in Monterey County as high with 4,134 active cases currently reported in Monterey County with a case rate of 952.40 individuals per 100,000 persons; 1,333 cases of the dangerous Delta and Omicron variants of COVID -19 having been identified as of January 24, 2022, in Monterey County; and the California Department of Public Health reports 17% of staffed adult ICU beds are presently available in the Bay Area reporting region which includes Monterey County and this has caused, and will continue to cause, conditions of peril to the safety of persons within the City that are likely to be beyond the control of services, personnel, equipment, and facilities of the City, and desires to recognize and affirm a local emergency exists and re-ratify the proclamation of state of emergency by the Governor of the State of California and to recognize the County of Monterey Health Department’s recommendation regarding social distancing; and
WHEREAS, as a consequence of the local emergency persisting, the City Council does hereby find that the City Council and its constituent bodies shall continue to conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such legislative bodies shall continue to comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of section 54953; and
WHEREAS, the City of Marina will continue to implement the following measures for meetings of its City Council and its constituent bodies:
● Allow the public to access the meeting and require that the agenda provide an opportunity for the public to directly address the legislative body pursuant to the Brown Act’s other teleconferencing provisions.
● In each instance when the local agency provides notice of the teleconferenced meeting or posts its agenda, give notice for how the public can access the meeting and provide public comment.
● Identify and include in the agenda an opportunity for all persons to attend via a call -in or an internet-based service option; the legislative body need not provide a physical location for the public to attend or provide comments.
● Conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the public.
● Stop the meeting until public access is restored in the event of a service disruption that either prevents the local agency from broadcasting the meeting to the public using the call -in or internet-based service option or is within the local agency’s control and prevents the public from submitting public comments (any action taken during such a service disruption could be challenged under the Brown Act’s existing challenger provisions).
5 Resolution No. 2022-
Page Three
● Not require comments be submitted in advance (though the legislative body may provide that as an option) and provide the opportunity to comment in real time.
● Provide adequate time for public comment, either by establishing a timed public comment period or by allowing a reasonable amount of time to comment.
● If the legislative body uses a third-party website or platform to host the teleconference, and the third-party service requires users to register to participate, the legislative body mus t provide adequate time during the comment period for users to register and may not close the registration comment period until the comment period has elapsed.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARINA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
Section 2. Affirmation that Local Emergency Persists . The City Council hereby reconsiders the conditions of the state of emergency in the City and proclaims that a local emergency persists throughout the City, and:
(a) On September 22, 2021, the County of Monterey Health Department issued a Recommendation Regarding Social Distancing Including Remote Meetings of Legislative Bodies; and
(b) California and Monterey County are presently experiencing a surge in the rapidly- spreading COVID-19 Omicron variant and as of January 6, 2022, the federal Centers for Disease Control and Prevention rated the risk level for community transmission of COVID-19 in Monterey County as high with 4,134 active cases currently reported in Monterey County with a case rate of 952.40 individuals per 100,000 persons; 1,333 cases of the dangerous Delta and Omicron variants of COVID-19 have been identified as of January 24, 2022, in Monterey County; and the California Department of Public Health reports 17% of staffed adult ICU beds are presently available in the Bay Area reporting region which includes Monterey County and this has caused, and will contin ue to cause, conditions of peril to the safety of persons within the City that are likely to be beyond the control of services, personnel, equipment, and facilities of the City.
Section 3. Re-ratification of Governor’s Proclamation of a State of Emergency. The City Council hereby reconsiders and re-ratifies the Governor of the State of California’s Proclamation of State of Emergency, effective as of its issuance date of March 4, 2020.
Section 4. Remote Teleconference Meetings. The City Manager and legislative bodies of the City of Marina, the City Council and its constituent bodies, are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, continuing to conduct open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.
Section 5. Effective Date of Resolution. This Resolution shall take effect on immediately upon its adoption and shall be effective until the earlier of (i) March 3, 2022, or such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the City Council of the City of Marina and its constituent bodies may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.
6 Resolution No. 2022-
Page Four
PASSED AND ADOPTED by the City Council of the City of Marina at a special meeting held this 1ST day of February 2022, by the following vote:
AYES, COUNCIL MEMBERS:
NOES, COUNCIL MEMBERS:
ABSENT, COUNCIL MEMBERS:
ABSTAIN, COUNCIL MEMBERS:
___________________________
Bruce C. Delgado, Mayor
ATTEST:
_____________________
Anita Sharp, Deputy City Clerk
7 ATTACHMENT 1
8