MINUTES
Tuesday, March 1, 2022 5:00 P.M. Closed Session
6:30 P.M. Open Session
REGULAR 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 Newsom o n March 4, 2020, under the provisions of Go vernment 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 determine d in Resolution 2022-13, 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 March 3, 2022, 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 t he City of Marina Channel and on the i nternet at https://accessmediaproductions.org/
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 A gency of the Former Redevelopment Agency Members and Marina Groundwater Sustainability Agency)
MEMBERS PRESE NT: Cristina Medina Dirksen, David Burnett, Lisa Berkley, Mayor/Chair Bruce C. Delgado
MEMBERS ABSENT: Mayor Pro-Tem/Vice Chair Kathy Biala (Excused)
3. 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 Former 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.
MINUTES for City Council Meeting of Tuesday, March 1, 2022 Page 2
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.
b. Property Negotiations
i. Property: Opportunity Phase 1C and D at The Dunes at Monterey Bay Negotiating Party: Marina Community Partners, LLP
Property Negotiator: City Manager
Terms: Price and Terms
ii. Property: Storage 210 8Th Street, Marina, CA 93933 Negotiating Party: Joby Aero, Inc
Property Negotiator: City Manager
Terms: Price and Terms
6:30 PM - RECONVENE OPEN SESSION AND REPORT ON ANY AC TIONS TAKEN I N
CLOSED SESSION
Robert Wellington, City Attorney reported out Closed Session: The council went in to closed session at 5 o'clock, a nd came out at about 5 -minutes ago, having taken up the agenda items listed on the agenda for the 3 closed session matters Once one conference with legal counsel anticipated litigation and 2 matters of property negotiations as listed on the agenda The matters were discussed by the council and general direction given to the property negotiator No reportable action was taken.
4. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE (Please stand)
5. SPECIAL PRESENTATIONS: None
6. SPECIAL ANNOUNCEMENTS AND COMMUNICATIONS FROM THE FLOOR: Any member of the Public or the City Council may make an announcement of special events or meetings of interest as information to Council a nd Public. Any member of th e public may comment on any matter within the City Council’s jurisdiction which is not on the agenda. Please state your name for the record. Action will not be taken on an item that is not on the agenda. If it requires action, it will be r eferred to staff and/or placed on a fu ture agenda. City Coun cil members or City staff may briefly respond to stat ements made or questions posed as permitted by Government Code Sec tion 54954.2. In order that all interested parties have an opportunity to speak, please limit comments to a maximum of four (4) minutes. Any member of the public may comment on any matter listed on this agenda at the time the matter is being considered by the City Council. • Brian McCarthy – Commented on the events taking place between Russia and Ukraine and how the County adopted a resolution condemning the actions of Russia . A sked city to consider stand in solidarity.
• Mike Owen – Commented about a letter council should have received asking for endorsement of a proposed ballot measure for the November election related to r aising funding for afforda ble, quality childcare up to 5 years old. Hopes the city will officially endorse it when it comes before you in the summer.
• Tina Walsh – Announced on March 20 th the Marina Tree and Garden Clu b will have their Cutting Day from 10:00am -2:00pm free t o the public. Also announced on May 1st will be the Marina Garden Tour.
• Brian McMinn –Announced that the Monterey Bay Chapter of the American Public Works Association recognized the City of Marina with an award for the stockade project , i t was the project of the year for environmental projects under 5,000,000 . Also recognized was the MINUTES for City Council Meeting of Tuesday, March 1, 2022 Page 3
Reservation Road Code in Place Resource Recycling of Pavement, and that project received an award of merits . Although it wasn't a project of the year, it also did receive the TAM C transportation excellence award this year.
• Council Member Medina Dirksen – Commented on TAMC allocation for Marina . Wanted to give a kudos to our police department for stepping up and helping to cover City of Salinas or to supporting a fallen officer.
• Council Member Burnett – Asked if agenda item 8f(1) could be explained and how it relates to our public meetings.
• Mayor Delgado – Announced on April 23rd is Marina’s Earth Day at Locke Paddon Park , upper portion by the library doors. Announced that every Saturday from 9:00am -1:00pm is t he Community Gar den Woodland Restoration Project . On March 12 th is our monthly community clean-up of Del Monte Boulevard to Lapis Road from 10:00 am-12:30pm. Announced that the Handcar Operators are looking to bring back to Marina the Handcars this summer and will be at the TAMC Executive meeting on March 2nd.
7. CONSENT AGENDA FOR THE SUCCESSOR AGENCY TO THE FO RMER MARINA REDEVELOPMENT AGENCY: Background information has been p rovided to the Successor Agency of the former Redevelopment Agency on all matte rs listed under the Consent Agenda, and these item s are considered to be routine. Al l items under the Consent Agenda ar e normally approved by one motion. Prior to such a motion being made, any member of the public or the City Council may a sk a question or make a comment a bout an agenda item and s taff wil l pro vide a response. If discussi on or a lengthy explanation is requ ired, that item will b e removed from t he Consent Agenda for Successor Agency to the form er Marina Redevelopment Agency and placed at the end of Other Action Items Successor Agency to the former Marina Redevelopment Agency.
8. CONSENT AGENDA: Background information has been provided to the City Council, Airport Commission, Marina Abrams B Non-Profit Corporation, and Redevelopment Agency on all matters listed under the Consent Agenda, and these items are considered to be routi ne. All items under the Consent Agenda are normally appro ved by one motion. Prior to such a motion being made, any member of the public or the City Council may ask a quest ion or make a comment about an agenda item and staff will provide a response. If di scussion or a lengthy ex planation is required, that item will be removed from the Consent Agenda and placed at the end of Other Action Items. a. ACCOUNTS PAYABLE:
(1) Accounts Payable Check Numbers 99341-99411, totaling $158,623.87 b. MINUTES:
(1) February 15, 2022, Regular City Council Meeting
c. CLAIMS AGAINST THE CITY: None
d. AWARD OF BID: None
e. CALL FOR BIDS: None
f. ADOPTION OF RESOLUTIONS:
(1) City Counci l consider adopting Resolution No. 2022 -, recognizing a Local Emergency Persists, Re-Ratifying the Proclamation of a State of Emergency by Governor N ewsom on March 4, 2020, and Re -Authorizing Remote Teleconference Meet ings of the Cit y Coun cil of the City o f Ma rina and its Constituent Bodi es for t he Pe riod March 1, 2022 , through March 31, 2022, pursuant to Brown Act Provisions. Pulled by Mayor Delgado MINUTES for City Council Meeting of Tuesday, March 1, 2022 Page 4
(2) City Council consider ado pting Resolution N o. 202 2-24, ordering the City Engineer to prepare a nd to file a r eport related to maintenance of the Cypress Cove II Landscape Maintenance Assessment District for Fiscal Year 2022-2023. (3) City Council consider adopting Resolution No. 2022-25, ordering the City Engineer to prepare and to file a report relate d to maintenance of the Seabreeze Landscape Maintenance Assessment District for Fiscal Year 2022-2023. (4) City Council consider adopting Resolution N o. 202 2-26, ordering the City Engineer to prepare and to file a report related to m aintenance of the Monterey Bay Estates Lighting and Landscape Maintenance Assessment District for Fiscal Year 2022-2023.
(5) City Council consider adopting Resolution No. 2022-27, approving purchase of one (1) TruNarc Narcotic Handheld Narcotics Analyzer in the a mount of $37,036.84 from Thermo Scientific Port able Analytical Instru ments, Inc, of Tewksbury, Massachusetts, utilizing funds set aside in the Police Department FY 2021-2022 Budget for purchase of said equipment and war ranty plan, and; consider waiving the City’s formal bid proce ss, wi thout compe titive bidding, finding that competitive bid ding would be unavailing , would produce an advantage and would not be in the publ ic interest, and; authorize Finance Director to mak e necessary accounting and budgetary entries, and; authorize City Manager to execute purchase agreement on behalf of City subject to final review by the City Attorney.
(6) City Council consider adopting Resolution No. 2022-28, opposing Initiative 21- 0042A1; and direct staff to email a copy of the adopted resolution to the League of California Cities.
(7) City Council con sider adopting Resolution No. 2022-29, approving a proposed job description, classification and sa lary schedule for Accounting Services Manager to Assistant Finance D irector; authorizing the City Manager to make necessary adjustments to City’s Classification and Compensation Plans ; authorizing the Finance Director to make appropriate budgetary and acco unting entries and adjustments.
g. APPROVAL OF AGREEMENTS:
(1) City Counci l consider adop ting Resolution No. 2022 -30, approving a Lease Agreement bet ween the City of Marina and Joby Aero , Inc. for 771 Neeson Road (Bu ilding 5 29) at the Marin a Municipal Airport ; and authorizing City Manager to execute the Lease Agreement, on behalf of the City, subject to final review and approval by City Attorney.
(2) City Council consider adopti ng Resolution No. 2022 -31, approving an agreement with Wellington Law Offices to provide legal services to the City of Marina; and authorize the Finance Director to make necessary accounting and budgetary entries.
h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
i. MAPS: None
j. REPORTS: (RECEIVE AND FILE): None
k. FUNDING & BUDGET MATTERS: None
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l. APPROVE ORDINANCES (WAIVE SECOND READING):
(1) City Council consider adopting Ordinance No. 2022-01, adopting New Council District Boundaries for Four C ouncil Districts Pursuant to CA Elections Code §§21621-21629 and CA Govt. Code §34871(c) & §34886. Pulled by Attorney for separate vote
m. APPROVE APPOINTMENTS: None
Mayor Delgado requested to pull agenda item 8f(1) for discussion Delgado/Berkley: to approve the consent agenda minus 8f(1). 4-0-0-0 Motion Passes by Roll Call Vote
Robert Rathie, Assistant City Attorney stated that agenda item 8l(1 ) needed to be pulled for a se parate vote.
Mayor Delgado motioned to reconsider the previous vote, S econded by Council Member Medina Dirksen. 4-0-0-0 Motion to Reconsider Vote Passes by Roll Call Vote DELGADO/BERKLEY: TO APPROVE THE CONSENT AGENDA MINUS 8f(1) AND 8l(1). 4- 0-0-0 Motion Passes by Roll Call Vote
8f(1)
Council Questions: Why can’t the City go to hybri d meeting and has Staff considered the logistics of how we might go hybrid at some point in the future? Since March 2020, has anything happene d environmentally wise in the Council Chambers? Has the C hamber’s carpeting, walls etc. been cleaned, disinfected? Has the Chambers been check for mold? DELGADO/MEDINA DIRKSEN: TO APPROVE 8f(1) ADOPTING RESOLUTION NO. 2022 - 32, RECOGNIZING A LOCAL EMERGEN CY 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 CONSTIT UENT BODIES FOR THE PERIOD MARCH 1, 2022, THROUGH MARCH 31, 2022, PURSUANT TO BROWN ACT PROVISIONS; AND DIRECT STAFF TO LOOK INTO THE OPTIONS OF VARIOUS ZOOM FORMATS AND TRYING TO GET; AND STAFF T O LOOK INTO YOU TUBE. 4-0-0-0 Motion Passes by Roll Call Vote
Public Comments:
• Brian McCarthy – Been advocating for remote meetings well, before Covid . T his is something I would really encourage soliciting community input and support for possibly hybrid m eetings.
Thanked staff for putting the meetings on YouTube.
• Liesbeth Visscher – Likes the zoom and happy that city council is looking into this so please keep it.
8l(1)
DELGADO/MEDINA D IRKSEN: TO APPROVE AG ENDA ITEM 8 l(1), ADOPTING ORDINANCE NO. 2022 -01, ADOPTING NEW COUNCIL DISTRICT BOUNDARIES FOR FOUR COUNCIL DISTRICTS PURSUANT TO CA ELECTIONS CODE §§21621 -21629 AND CA GOVT. CODE §34871(C) & §34886. 3-1(Burnett)-0-0 Motion Passes by Roll Call Vote
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9. PUBLIC HEARINGS: None
10. OTHER ACTION S ITE MS OF THE SUCCE SSOR AGENC Y TO THE FORMER MARINA REDEVE LOPMENT AGENC Y: Action l isted for eac h Agenda i tem is t hat which is requested by staff. The Successor Agency may, at its discretion, take action on any items. The pu blic is invited to approach th e pod ium to provide up to four (4) min utes of public comment.
a. Successor Ag ency Board consider ado pting Resolution No. 2022 -01 (SA-MRA) that approves certain documents for proper ty tax increment bond issue s for the Marina Dunes pr oject, pursuant to pre -existing enforceable obli gations, and take s various other actions related ther eto, and Direct the City Manager to return to the Board with the balance of the documents required to c omplete this transaction, including preliminary official statements and bond purchase contracts.
Board Questions: It was stated th at Marina Community Partners had submitted invoices, has anyone reviewed the invoice(s) for accuracy? Is it correct that they have only received 15,000,000 towards that $98,000,000 to date ? Was this the first opportunity fo r them to come to us for a bond issuance? the original deal was that they would be able to get reimbursed by this method that we're talking about tonight. of up to 105,000,000 , is that 105,000,000 even important these days ? And is that 114,000,000 the replacement for the $105,000,000 figure? The affordable housing units you mentioned there's 140 coming starting this year and so some of this money is going to have new bonds issued to cover that or part of what they're doing tonight is to cover the infrastr ucture costs or other costs related to those affordable housing in the future ? If the redevelopment agency process and itself the agency itself wasn't shut down by Governor Brown back in 2 011 2 012 if we hadn't, made this deal with the developers before that that they could get these tax increment reimbursements would we have been prevented from using from ourselves? keeping and using this tax increment money? When the bonds get issued, what will the certificate say? How will the bonds be described? BURNETT/BERKLEY: TO APPROVE RESOLUTION NO. 2022 -01 (SA -MRA) THAT
APPROVES CERTAIN DOCUMENTS FOR PROPERTY TAX INCREMENT BOND ISSUES
FOR THE MARINA DUNES PROJECT, PURS UANT TO PRE-EXISTING ENFORCEABLE
OBLIGATIONS, AND TAKES VARIOUS OTHER ACTIONS R ELATED THERETO, AND
DIRECT THE CITY MANAGER TO RETURN TO THE BOARD WITH THE BALANCE OF
THE DOCUMENTS REQUIRED TO COMPLETE THIS TRANSACTION, IN CLUDING PRELIMINARY OFFICIAL STATEM ENTS AND BOND PURCHASE CONTRACTS . 4-0-0-0 Motion Passes by Roll Call Vote
11. OTHER ACTION ITEMS: Action listed for each Agenda item is that which is requested by staff. The City Council may, at its discretion, take action on any items. The public is invited to approach the podium to provide up to four (4) minutes of public comment.
Note: No additional major projects or programs should be undertaken without review of the impacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). a. City Council consider adopting Resolution No. 2022-33, authorizing adjustments to the City’s s alary schedule and compensation plan for Marina Directors; and, authorizing the City Manager to execute a Memorandum of Understanding between the City of Mar ina and the Marina Directors Employees; and, authorizing Finance Director to make appropriate accou nting and budge tary entries ; and, receiving an oral report on changes to the executive compensation plan in compliance with Government Code Section 54953(c)(3).
MINUTES for City Council Meeting of Tuesday, March 1, 2022 Page 7
Council Questions: Is there a retroactive component to this compensation that you've outline? DELGADO/BERKLEY: TO APPROVE RESOLUTION NO. 202 2-33, A UTHORIZING ADJUSTMENTS TO THE CITY’S SALARY SCHEDULE AND COMPENSATION PLAN FOR MARINA DIRECTORS; AND, AUTHORIZING THE CITY MANAGER TO EXECUTE
A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MARINA A ND THE MARINA DIR ECTORS EMPLOYEES; AND, AUTHORIZING FINANCE D IRECTOR TO MAKE AP PROPRIATE ACCOUNTING AND BUDGETARY ENTRIES; AND, RECEIVING
AN ORAL REPORT ON CHANGES TO THE EXECUTIVE COMPENSATION PLAN IN COMPLIANCE WITH GOVERNMENT CODE SECTION 54953(C)(3) 4-0-0-0 Motion Passes by Roll Call Vote
Public Comments:
• Brian McCarthy – Was there ever some statistics that were published on how that number was reached and if so, where might one find those?
12. COUNCIL & STAFF INFORMATIONAL REPORTS:
a. Monterey County Mayor’s Association [Mayor Bruce Delgado] b. Council and staff opportunity to ask a questio n for clarification or ma ke a brief report on his or her own activities as permitted by Government Code Section 54954.2 Robert Rathie, As sistant C ity Attorney announced that AB481 was adopted at the 2021 session this legislation requires that the police department obtained the Count's permission through the adoption of an ordinance, including a policy regarding the city's use of military and military type equipment which is defined in the legi slation, and will be addressed in the ordinance and the policy . The policy will be provided soon to the council, and it must be in accordance with AB481 available online on the department's website and this has to be done 30 days prior to any public hearin g on the ordinance, and the public hearing would be held in conjunction with the introduction of the ordinance, which we probably expect will be now at the April fifth Council meeting.
Tina Nieto, Police Chief provided further information on AB481.
Mayor Delgado announced that LAFCO refused to reconsider Monterey Peninsula Water Management District’s application to open up their latent powers and allow them to potentially acquire Cal-Am, buy out Cal-Am. Also spok e about Waste M anagement Dis trict hiring con sultant to assist in designing new bins for apartments/multi-family and businesses for kitchen scrap waste.
13. ADJOURNMENT: The meeting adjourned in honor of Sal inas Police Office r Alvarado at 8:07 P.M.
Anita Sharp, Deputy City Clerk
ATTEST:
Bruce C. Delgado, Mayor