MINUTES
Tuesday, April 19, 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 2022-34, 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 April 30, 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 a t 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 Agency of the Former Redevelopment Agency Members and Marina Groundwater Sustainability Agency)
MEMBERS PRESENT: Cristina Medina Dirksen (arrived 8:03 p.m.), David Burnett, Lisa Berkley, Mayor Pro-Tem/Vice Chair Kathy Biala, Mayor/Chair Bruce C. Delgado
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.
a. Conference with Legal Counsel, anticipated litigation, significant exposure t o litigation pursuant to paragraph (2) or (3) of subdivision (d) of CA Govt. Code sec. 54956.9 – one potential case.
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b. Public Employment Appointment (Govt. Code Section 54957(b)(1):
Position: City Attorney
c. Property Negotiations
i. Property: Marina Station Project, a 320 -acres site located on the northern boundary of the City, APNs 203-011-023, 203-011-024, 175-011-038, 175-011- 045 and 175-011-046).
Negotiating Party: Valle Del S ol Properties, LLC, the Rameriz Family Revocable Trust, the Villam Legacy Irrevocable Trust, and 3rd Millenniu m Partners, Inc.
Property Negotiator: City Manager
Terms: Price and Terms
6:30 PM - RECONVENE OPEN SESSION AND REPORT ON ANY ACTIONS TAKEN I N
CLOSED SESSION
Robert Wellington, Legal Counsel reported out Closed Session: The council went into closed session at w ith regard to the 3 agenda items that are listed for the closed session . Council recei ved information, the matters were discussed at length by the Council, and 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 the pub lic 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/o r place d on a future 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. • Mike Owen – Commented on the tree permits to clear cut bet ween 9th Street and 7 th Street along 2nd Ave by the developers of the Dunes. Commented on how the City of Carmel has trees along the sidewalks in their downtown. Spoke about the root system of the Monterey Cypress . Spoke about when the trees were planted on the former F ort Ord. Noted there w as no need to remove trees to put in sidewalks and sewer lines.
• Nick Kite – Spoke about the Marina Youth Arts Utility Box Art project open to all Marina residents under the age of 18. Announced the Monterey Stinging Jellies Disc Golf Club 2nd Annual Junior Jellies Disc Golf Day on Sunday, April 24, 2022, from 10:00am to 3:00pm at 304 Hillcrest Avenue. Commented on the homeless encam pment along Salinas Avenue and Re servation Road.
What is the City doing to address this issue?
• Amy Warren – Spoke about the Equestrian Center Park Easter egg hunt and photos with the Easter Bunny, has about 200 community membe rs. Announced on April 30 th from 9:00am-3:00pm will be hosting a natural horsemanship clinic in the main arena . Spoke about upcoming events in May and June for the public to enjoy. Requested an update on the status of the future of the Equestrian Center and POU.
MINUTES for City Council Meeting of Tuesday, April 19, 2022 Page 3
• Paula Pelot – Commented on helping an elderly woman in Pac ific Grove and learned she was living in her car behind a chu rch along with several other wom en. Spoke of the housing crisis people are facing and the need for rent stabilization, rental registries and vacancy controls. • Brian McCarthy – Spoke about trying to view our city agenda on his phone from our website and read a part of the State Code relate d to direct link to the agenda. Asked is city could reconsider the way it posts agendas and the agenda packet for easier reading. • Council Member Berkley – Spoke and Earth Day and those residents of Marina can pick up a free compost food waste bin at City Hall . Announced on April 21 st Marina High Schools will be celebrating their 15th Anniversary from 6:00-7:00pm.
• Council Member Burnett – Suggested that is might be helpful is if the Planning Commission could host a town hall or a general meeting where the citizens are able to comment on the status of trees in our city and give the committee some input. Commented on some new technology that allows a person to view large documents without downloading them. • Mayor Pro -Tem Biala – Announced May if A merican Asian Pacific Islander (AAPI) month in Pacific Grove and May 15th is the Walk of Remembrance. Saturday, April 30th is the kickoff where the Pacific Grove Museum has borrowed a Chinese exhibit called Remembering 1882 which was the year of the Chinese Exclusion Act.
• Mayor Delgado – Announced Earth Day this Saturday, April 23, 2022, at 190 Seaside Circle (Marina Library ) from 9:00am -11:30am, lots of things to do to benefit the earth and the kids.
Thanked all the sponsors for their donations for this ev ent. Commented on the Marina Equestrian Center activities last weekend. Thanked all the volunteers who show up every Saturday to help plant a lot of plants to get ready for our future Hilltop Park so that native plants local to Marina are commercially available to the developers.
7. CONSENT AGENDA FOR THE SUCCESSOR AGENCY TO THE FO RMER MARINA REDEVELOPMENT AGENCY: Background information has been pro vided to the Su ccessor Agency of the former Redevelopment Agency on all matters lis ted 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 c omment a bout an agenda item and s taff wil l provide a response. If discussi on or a lengthy explanation is requ ired, that item will b e removed from the Consent Agenda for Successor Agency to the former 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 provid ed 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 conside red to be routi ne. All items under the Consent Agenda are normally appro ved by one motion. Prior to such a mo tion being made , any member of the public or the City Council may ask a question or make a comment about an agenda item and staff will provide a r esponse. If discussion 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 99666-99771, totaling $612,976.50 b. MINUTES:
(1) April 5, 20222, Regular City Council Meeting
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c. CLAIMS AGAINST THE CITY:
(1) City Council Rejection of Claim - staff recommends that the City Council reject the following claim and direct sending appropriate notice of rejection to claimant: Jeremiah Smith for a claim received on March 21, 2022 d. AWARD OF BID:
e. CALL FOR BIDS: None
f. ADOPTION OF RESOLUTIONS:
(1) City Council consider adopting Resolution No. 2022-48, regarding the Ralph M.
Brown Act (California Governmen t Code §§54950 -54963, making certain findings; and authorizing t he city to co ntinue to i mplement remote teleconferenced public meetings of the City Council and its constituent bodies for the period May 1, 2022, through May31, 202.
(2) City Council consider adopting Resolution No. 2022-, authorizing the release of a Request for Proposals ( RFP) to qualified firms for odor attribution study .
Pulled by Council Member Mayor Delgado
g. APPROVAL OF AGREEMENTS:
(1) City Council consider a dopting Resoluti on No. 2022 -, approving a Lease Agreement between the City of Marina and Joby Aero, Inc. for 210 8th Street and Authorizing City Manager to execute the Lease Agreement, on behalf of the City, subject to final r eview and approval by City Attorney. Pulled by Council Member Berkely
(2) City Council consider adopting Resol ution No . 2022 -, approving the updated agreement, work plan and budget for Access Monte rey Penins ula (AMP) for public, education and government (PEG) broadcasting services for FY 2022-23; and, authorizing the City Manager to execute the agreement on behalf of the City; and, authorizing the Finance Director to make the necessary budgetary and accounting entries and appropriate payments to Access Monterey Peninsula.
Puled by Council Member Burnett
h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
i. MAPS: None
j. REPORTS: (RECEIVE AND FILE):
k. FUNDING & BUDGET MATTERS: None
l. APPROVE ORDINANCES (WAIVE SECOND READING):
(1) City Cou ncil con sider a dopting Ordinance No. 2 022-02, approving text amendment amending Title 9 of the Marina Municipal Code adding Section 9.26 “Military Equipment”.
m. APPROVE APPOINTMENTS: None
DELGADO/BERKLEY: TO APPROVE THE CONSE NT AGE NDA MINUS 8 f(2), 8g( 1) AND 8g(2). 4-0-0-0 Motion Passes by Roll Call Vote.
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8f(2)
Questions: Id there already and RFP produced that this talks about putting out? How many hours approximately, will staff have to put into this? Will the city be paid for a ny of the admin c osts? Will the RFP come back before Council and the public when it’s ready before it goes out on the streets? DELGADO/BIALA: TO ADOPT RESOLUTION NO, 2022 -49, AUTHORIZING THE
RELEASE OF A REQUEST FOR PROPOSALS (RFP) TO QUALIFIED FIRMS FO R ODOR ATTRIBUTION STUDY; AND THAT STAFF SPEAK TO THESE CONCERN CITIZENS GROUP PRIOR TO THE RELEASE OF THE RFP. 4-0-0-0 Motion Passes by Roll Call Vote Public Comments:
• Tommy Bolea – Commented on the smells coming from the dump that cover all of Marina and that surrounding cities bring their garbage here in Ma rina. Good that the study is being done, it ’s needed. Commented on landfill constantly burning methane. Glad it’s on the agenda tonight. • Brian McCarthy – A member of a citizen odor group that was formed several years ago to kind of study and try to address some of these issues and believe our community odor group are very important stakeholders that should be involved in the R FP process. We stand by ready to provide input. I nterested in kind of setting expectations of what this study might or might not find, and kind of discussing what some of the after actions might be depending on what the outcome is. will the city aggressively pursue mitigations? H opes that this study might mention some best management practices that may not be followed at the facility out there.
8g(1)
Questions: Is Jo by paying to put a new roof on the entire building or just the portions they will be occupying? Is it in the lease that Joby will take responsibility for repairing the West Bay and West Lean-to?
BERKLEY/BIALA: TO A DOPT RESOL UTION NO. 2022 -50, APPROVING A LEASE AGREEMENT BETWEEN THE CITY OF MAR INA AND JOBY AERO, INC. FOR 210 8TH
STREET AND AUTHORIZING CITY MA NAGER TO EXECUTE THE LEASE
AGREEMENT, ON BEHALF OF T HE CITY, SUBJECT TO FINAL REVIEW AND APPROVAL BY CITY ATTORNEY. 4-0-0-0 Motion Passes by Roll Call Vote Public Comments: None received
8g(2)
Questions: This is to approve the communication services that A MP provides has nothing to do with the actual physical location and the equipment upgrades etc., correct? during the past year or so there have been outage and I Guess there's been an instance where personnel hasn't arrived on time to begin council meetings has all of this been discussed with AMP? Was there any consideration of sending this out for bid to see if there are any other folks who could possibly provide services ? When we get back into chambers we're using hopefully a hybrid as we've been talking about you, what role is Amp going to play and are we strategizing in the budget for this some kind of improved equipment for us ? we are committing to providing a 180 hours of government programming, and I think that mean our city council meetings and a 100 hours of public access programing, what the difference? Is 180 hours enough to cover all our Council meetings? Is there a financial consideration if we bump up the h ours? What is the PEG Program and how is it used? Has AMP evaluated and made recommendations for replacement of the equipment in th e Chambers, per Exhibit A ? Archives of our meetings, how do we MINUTES for City Council Meeting of Tuesday, April 19, 2022 Page 6
find/locate our past me eting, web site link does not work ? Is archiving our meeting s part of their contract? Are they obligated to archive our meetings? How many years can they archive for us? DELGADO/BIALA: TO ADOPT RESOLUTION NO, 2022 -51, APPROVING THE UPDATED
AGREEMENT, WORK P LAN AND BUDGET FOR ACCESS MONTEREY PENINSULA (AMP) FOR PUBLIC, EDUCATION AND GOVERNMENT (PEG) BROADCASTING SERVICES FOR FY 2022 -23; AND, AUTHORIZING THE CITY MANAGE R TO EXECUTE THE AGRE EMENT ON BEHALF OF THE CITY; AND , AUTHORIZING THE FINANCE
DIRECTOR TO M AKE THE NECESSARY BUDGETARY AND ACCOUNTING ENTRIES AND APPROPRIATE PAYMENTS TO ACCESS MONTEREY PENINSULA ; AND THAT THERE’S DISCUSSION ON HOW WE’RE GOING TO RETAIN R ECORDS IN PERPETUITY OR AS LONG AS POSSIBLE; AND EASE OF ACCESS TO ARCHIVE VIDEOS. 4-0-0-0 Motion Passes by Roll Call Vote
Public Comments:
• Denise Turley – Commented on AMP not having a we bsite for Marina anymore and the phone number has disappeared . Likes on city website don ’t work. Noted that if you ’re not on Com cast you don’t get Marina ’s AMP Channel 25. Sudden link does not have an agr eement with the C ity and most of Fort Ord in on Su ddenlink. Is there any proposal that requires Suddenlink to pick u p AMP and off er an AMP channel? Commented on AMP staff in the Chambers audio room not having audio during one of the meetings.
• Paula Pelot – Commented on not having stable internet out in the Abrams and Pr eston Parks areas and as new fiber optic was put in as Sea Haven was developed. just like many other infrastructure improvements, we get bypassed every time , t his needs to be addressed. Noted that AMP can always make a video tape of past meetings , AMP offloaded much of that material to a separate server at some point you so, you might want to reference that when you speak with them. • Tommy Bolea – City needs a standard format for viewing mee tings. Commented that Marina website is convoluted and has not flow to it.
9. PUBLIC HEARINGS: None
10. OTHER ACTION S ITEMS OF THE SUCCE SSOR AGENC Y TO THE FORMER MARINA REDE VELOPMENT AGENC Y: Action l isted for each Agenda i tem is that which is requested by staff. The Successor Agency may, at its discretion, take action on any items. The pub lic is invited to approach th e podium to provide up to four (4) min utes of public comment.
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 continued discussion from the January 25, 2022 City Council Meeting regarding unmet city facilities, infrastructure, public safety and staffing needs and funding options to address these needs and provide direction as appropriate.
Council Questions: How much of our tax dollars stay lo cal? What percentage is staying in Marina? How often are assessments done for properties? With a housing boom, shouldn’t we see more money coming to Marina? If not, why? What happened to the remodeling/revitalizing the Airport fire station? So the airport location, the staging of that we would be, would still put us outside of the MINUTES for City Council Meeting of Tuesday, April 19, 2022 Page 7
response time minimum required ? As to your general discussion about a utility tax and a potential general obligation bond, I understand that the general bond would be a municipal bond city bond so all of its proceeds would be at the discretion of the city from this particular pot, right? As with the utility tax. they would be. It would be taxed on the property owners here in the city, and its proceeds would be available for projects here in the city, correct? 70% of Marina is renters, who pays the UUT in an apartment complex? Is there any way to guarantee for those folks who live in a unit that they don't receive a separate util ity bill but it’s combined into their rent that the property owners would not be permitted to raise to raise the rents? For the GO Bond, how can we protect the renters from being gouged or taken advantage of if it passes? Where did these dollar figures come from on slide 14? If we were to do a utility tax or the bond measure either way, they would have to go on the ballot So we would need to have this submitted by August? With the UUT in what way would we be able to protect those who could not afford the tax? Staffing Needs, would the Code Enforcement Officer be focused only on organics? If a bond $50 million measure passed, could we then have public discussion about whether to spend it on those top 3 pr iorities, as you presented them tonight or somewhere else? If a bond measure were to pass, when are we committed to how is’ going to be spent? If construction costs for the 3 facilities were more that the $50 million brought in how would we afford the facilities? If we took something of the other list and replace it with an aquati c center wouldn’t that bring something different to the city that some people would like ? Let’s say that we put something on the ballot tha ’s estimated to bring in $50 million, would it make sen se to send information out to the public, not to advocate, but to inform, to say, here is the long list and the prices In order of what we think the city needs the most – could we inform the public about these two slides? If under the $35,000 for the police station and the councilmember, chambers, and City Hall, if that were to be split up, can you tell me approximately, you know, with the Chambers an d City Hall how much would that cost versus a police station or are you you're really anticipating this one building that has to have the police station and the city Ha ll and everything together ? If either on e of the motion s passes tonight , what are our next steps? H ow do we afford all those staff positions without a new reoccurring revenue of approximately $1.6 million?
MEDINA DIRKSE N/BIALA: WE P URSUE A BOND MEASURE NOT TO EXCEED FIFTY MILLION ($50,000,000) FOR THE NOVEMBER 2022 ELECTION AND S TAFF TO CO ME
BACK WITH A DETAILED FUNDING LIST , TIMETABLES WITH PUBLIC RELATIONS OUTREACH WITHIN 30-DAYS. 3-2(Burnett, Berkley)-0-0 Motion Passes by Roll Call Vote Substitute Motion
Burnett/Berkley: We would pursue, instruct staff to construct a bond pro posal by measure proposal that would include the 3 items listed under city facilities critical only, and bring that back to council as soon as possible. 1-4(Medina Dirksen, Berkley, Biala, Delgado)-0-0 Substitute Motion Fails Mayor Delgado asked Council Member Medina Dirksen if she would you be willing to make a friendly amendment to your motion to add the UUT at 6%?
Council Member Medina Dirksen, I can do that
Mayor asked Mayor Pro Tem Biala if her Second holds
Mayor ProTem Biala, NO – Does not believe we should have two measures on the ballot.
Public Comments:
• Paula Pelot – Found las t few minute s of discussion con fusing. Voters are not hot to fund staff positions but when you put money behind facilities, those are those are hard investments and thinks that a much easier sell to the public. People would like to invest in more infrastructure, which is MINUTES for City Council Meeting of Tuesday, April 19, 2022 Page 8
the fire station, the City Center, Police station, and the la dder, they don ’t ne cessarily support staffing. Supports substitute motion.
• Denise Turley – Stated staff should make it clear about what we're selling, and that we don't do any bait and switch, or things deter from. Don’t put too much on paper that confuses people or irritates them to the point they don’t read further. Explain what we have now and what to expect. Asked if connectivity and conductivity services , are they included in this? Asked if the fire station that's potentially being placed out at or near East Gar rison cover Preston and Abrams and some of those other Fort Ord areas?
• Liesbeth Visscher – Agrees that we need to invest in our own city and at a new fire station, police station, council, chambers, City Hall, and l adder truck our necessities. Agrees that other projects with relatively minor costs should also be taken into account because of the use by Ma rina residents. Would like to see an aquatic center in Marina or creating a new civic center centrally located in Cypress Knolls.
• Brian McCarthy – Commented on how most homeowners in Marina are one payment away from foreclosure and not wealthy , some rent rooms to make ends meet. Comme nted on the renters in Marina. Appreciat es Mayor Pro Tem Biala’s comments on the optics of asking for money at this time while having an unusual surplus of money. Having a hard time supporting a bond measure and hoes council is planning for the possibility of the bond not passing. Does not support a UUT. • Tommy Bolea – Commented on Proposition 19 and how it could affect future property tax income to Marina. Does not agree to spen ding monies of city facilities and a lad der struck. City should use tax dollars raised for the benefit of Marina residents, not government buildings.
12. COUNCIL & STAFF INFORMATIONAL REPORTS:
a. Monterey County Mayor’s Association [Mayor Bruce Delgado] b. Council and staff op portunity to ask a questio n for clarification or m ake a b rief report on his or her own activities as permitted by Government Code Section 54954.2.
13. ADJOURNMENT: The meeting adjourned at 10:22 P.M.
Anita Sharp, Deputy City Clerk
ATTEST:
Bruce C. Delgado, Mayor