MINUTES
Wednesday, July 6, 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 Government 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 determi ned in Resolution 2022-78, public participation in City of Marina City Council public meetings shall be electronic only and without a physical location for public pa rticipation until the earlier of May 31, 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 Televis ion Cable 25 a nd 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 Com munities Nonpr ofit Corporation, Successor Agency of the Former Redevelopment Agency Members and Ma rina Groundwater Sustainability Agency)
MEMBERS PRESENT: 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 Gov ernment Code Sect ion 54956 et seq., the (City Council, A irport C ommissioners, Marina Abrams B Non -Profit Corporation, Preston Park Sustainable Communities Nonpr ofit Corporation, Successor Agency of the Former Redevelopment Age ncy M embers and Ma rina Groundw ater 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 Meyer s-Milias- Brown Act representative.
MINUTES for City Council Meeting of Wednesday, July 6, 2022 Page 2
a. Conference with Legal Counsel – Potential litigation, exposure to litiga tion per: “Conference with Legal Counsel – anticipated litigation, significant exposure to litigation pursuant to paragraph (2) (d) of CA Govt. Code s ec. 54956.9 – Four potential cases
6:30 PM - RECONVENE OPEN SESSION AND REPORT ON ANY ACTIONS TAKEN I N
CLOSED SESSION
Heidi Quinn, Interim City Attorney reported out Closed Session: The Council met in closed session.
On 4 items of potential litigation. As to all matters, a status report was provided. Direction was given, but there was no reportable action was taken.
4. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE (Please stand)
5. SPECIAL PRESENTATIONS:
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 referred to staff and/o r pla ced on a futu re agenda. City Cou ncil members or City staff ma y briefly respond to statements made or que stions posed as permitted by Government Code Sec tion 54954.2. In order that all inte rested 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. • Frank Calamia – Spoke about wanting to expand the Marina Card Room over the last few years but was told there is no pl ace that is zoned for another cardroom and suggested out at the airport .
Heard a rumor now that there's an outside agency coming in and to op en up another card room and now concerned. Noted the amount of tax revenue the cardroom brings into the city and the donation made to local organizations. Stated the Gambling Control Commission and Bureau Gambling Control allowed Mortimer's card room license to be sold and does not think it's fair that an outside agency will come here and basically open up a card room and just start taking business away from all of us.
• Michael La Pier, Executive Director Monterey Regional Airport – Wanted to provide Council with an update of things happening at the Monterey Regional Airport . Added two non -stop flights to Dallas Fort Worth (American Airlines) and Denver (United Airlines). Were now exceeding our pre-pandemic levels, which means people are out traveling and our traffic levels are at are above 3 pandemic levels of 2019 and continue to grow . Spoke about their current budget and rese rve budget. Invited Council and staff out to the airport and its restaurant. • Mike Owen – Commented about the possible reengagement of the com missions. Commented on SB330 and its correct title.
• Council Member Medina Dirksen – Thanked Michael La Pier for his announcements. Commented on the 4th of July and how both the polic e chief stepped up police presence . Spoke about her meeting with the S ea H aven res idents and hosting a table at the Farmer ’s Market to share information and fines a ssociated with illegal fireworks. Noted a local business, Element 7 purchased over $900 wo rth of the safe -n-sane fireworks and passed them out to the kids .
Announced Friends of the Marina Library e vent this Saturday, from 10:00am -Noon. On Saturday, June 16th we'll have a Hawaiian reggae concert, also at the Marina Library.
MINUTES for City Council Meeting of Wednesday, July 6, 2022 Page 3
• Mayor Delgado – Commented on the community meeting put together by Council Member Medina Dirksen to discuss July 4th. Thanked Marina Police for being present in the Sea Haven area. • Police Chief Nieto – Spoke about police office being on bicycles and patrol car on the 4 th. Wrote 14 citations for illegal fireworks between 8:00pm -10:00pm. My recommendation for next year is that we get an earlier start working with our communities, no matter what direction the city of Marina moves in. Thanked her staff and the Council Members who went out and talked to the community ahead of time to explain just how the process worked. • Fire Chief McCoun – Noted that the 4th of July was fortunately really quiet, and I appreciate all the efforts by Everybo dy here . Tha nked Council Member Medina Dirksen for inv iting us to the community meeting. Glad we were able to answer the questions of the community. Indicated that there was one fire on the 5th that was not association with fireworks. • Public Works Director McMinn – Thanked Ocean Rock church for displaying the flags once again on the 4th . Commented on the engineers moving forward with the designs on the sports center, aquatic center and outdoor sports pavilion out at t he Dunes Park; and they progress to the point where they're ready to reach out for public input on those facilities. Announced an Open House on July 19 th from 2:00pm -5:00pm at our city Council Ch ambers and then an other session from 5:00pm-6:00pm on July 20 th for those that can ’t make the day meeting and then we'll continue on July 20th after at starting at 6 o'clock we're going to get together as many of members of the Recreation and Cultural Services Commission and Public Risk Commission for a presentation from the consultant and get input on those projects themselves and then carr ying that forward to City Council sometime in August.
• Council Member Berkley – Commented on the Pride Flag flying at City Hall from June 22 -July 22 and the good turnout that came to raise the flag.
7. CONSENT AGENDA FOR THE SUCCESSOR AGENCY TO THE FO RMER MARINA REDEVELOPMENT AGENCY: Background information has been pr ovided to the S uccessor Agency of the former Redevelopment Agency on all matters listed under the Consent Agenda, and these ite ms are considered t o be routi ne. Al l items under the Consent Agenda are 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 quest ion or make a c omment a bout an agenda item and s taff wi ll provide a response. If di scussion or a lengthy explanation is re quired, 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 consid ered to be routine. All items under the Consent Agenda are normally appro ved by one motion. Prior to such a m otion 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 response. 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 100165-100267; and EFT’s, totaling $731,366.65 b. MINUTES: None
MINUTES for City Council Meeting of Wednesday, July 6, 2022 Page 4
c. CLAIMS AGAINST THE CITY:
(1) City Council Rejection of Claim - staff recommends that the City Council reject the f ollowing claim and direct sending appropriate notice of r ejection to claimant: Jennifer Geertsen for a claim received on June 22, 2022. d. AWARD OF BID: None
e. CALL FOR BIDS: None
f. ADOPTION OF RESOLUTIONS:
(1) City Council consider adopting Resolution No. 2022-88, confirming levy of the special tax for the City of Marina Community Facilities Distr ict No . 2015 -1 (The Dunes) for fiscal year 202 2-23 as authorized by Ordinance No. 2015-03; and Resolution No. 2022-89, certifying City of Marina compliance with State Law (P roposition 218) with respect to a special tax for the City of Marina Community Facilities District No. 2015-1 as authorized by Ordinance No. 2015- 03 for fiscal year 2022-23.
(2) City Co uncil consider adopting Resolution No . 2022 -90, approving the appointment of Council Member Cristina Medina Dirksen, as an alternate to the Monterey County Airport Land Use Commission (ALUC).
g. APPROVAL OF AGREEMENTS:
(1) City Council con sider adopting Resolution No. 2022-91, authorizing the City Manager, or his designee, to enter into a Standard Voluntary Agreement (SVA) with the California Department of Toxic Substance Control ( DTSC) and pay associated fees for the City Pa rk Barracks and Cy press Knolls Buildings Blight Removal 2022 Project.
(2) City Council consider adopting Resolution No. 2022-92, approving professional services agreements between the City of Marina and BKF Engineers for program management services and on-call design services; and; a pproving a professional services agreement between the City o f Marina and Ghirardelli Associates for on-call construction management and construction inspection services for the pavement resurfacing an d rehabilitation program, and; authorizing the City Manager to execute the agreement s on behalf of th e City subject to final review and approval by the City Attorney. h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
i. MAPS: None
j. REPORTS: (RECEIVE AND FILE): None
k. FUNDING & BUDGET MATTERS: None
l. APPROVE ORDINANCES (WAIVE SECOND READING): None
m. APPROVE APPOINTMENTS: None
Mayor Delgado requested to pull agenda item 8f( 2) so that a Council Memb er could be properly appointed to this board as an alternate.
DELGADO/BERKLEY: THAT WE APPROVE TH E CONSENT AGENDA MINUS 8f(2). 4-0- 0-1(Biala)
MINUTES for City Council Meeting of Wednesday, July 6, 2022 Page 5
8f(2)
DELGADO/MEDINA DIRKSEN: THAT APPROVE APPOINTING C OUNCIL MEMBER CRISTINA MEDINA DIRKSEN AS AN ALTERNATE. 4-0-0-1(Biala)
9. PUBLIC HEARINGS:
a. City Council open public hearing , taking testimony from the public a nd consider reading by title only an d waive further re ading and approve Ordinance 20 22-, approving Amendments to Title 17 of the Municipal Code by adding Sections 17.45; and Ordinance 2022- 17.49 pertaining to Reasonable Accommodation fo r P ersons with Disabilities and Low-Barrier Navigation Centers, respectively.
Council Questions: In the initial ordina nce language if someone does the reasonable accommodation Are they entitled, or do we offer any kind of offsets in terms of any zoning, or a ny kind of taxin g or any help in paying for these? or if they're building a new project, is there anything in the ordinance that would allow the city to help with defraying the cost of things like that, or can file these in their in your Federal returns? With the low barrier, I would assume that the ordinance doesn't require any kind of residency requirement or establishment of any kind , correct? W e've outlined a number of where this would be zoned in how it would work in with the surrounding commercial non-commercial us es.
Would this be the place where we would ask for location to schools or school programs, access to transportation, health care? Would that be appropriate in this kind of an ordinance?
Mayor Delgado open ed up the public hearing for pub lic comments: No public comments were made, and Mayor Delgado closed the public hearing.
DELGADO/BERKLEY: THAT W E A PPROVE THE FIRST READING OF ORDINANCE 2022-, APPROVING AMENDMENTS TO TITLE 17 OF THE MUNICIPAL CODE BY ADDING SECTIONS 17.45; AND ASK STAFF TO CONSIDER POLI CY DEVELOPMENT RELATED TO OFFS ETS. FOR PARTICIPANTS IN THIS PROJECT, AND THOSE
WANTING TO ADD THESE ACCOMMODATIONS, THAT WOULD AID IN MOVING THESE PROJECTS ALONG. 4-0-0-1(Biala)
DELGADO/BERKLEY: THAT WE APPROVE THE FIRST READING OF ORDINANCE 2022- 17.49 PERTAINING TO REASONABLE ACCOMMODATION FOR PERSONS WITH DISABILITIES AND LOW -BARRIER NAVIGATION CENTE RS, RESPECTIVELY; AND
ASKING STAFF TO RETURN A PROPOSAL, OR AT LEAST IDEAS RELATED TO CITING
THESE PROJECTS A ALONG SCHOOL ROUTES, TRANSPORT ATION, ACCESS HEALTHCARE. 4-0-0-1(Biala)
10. OTHER ACTIONS I TEMS OF THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT 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 public 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: N o additional major projects or prog rams should be undertaken without r eview of the im pacts on existing priorities (Resolution No. 2006-79 – April 4, 2006).
MINUTES for City Council Meeting of Wednesday, July 6, 2022 Page 6
a. City Council consider adopting Resolution No. 2022 -93, memorializing adjustments previously approved to the City’s Salary Schedule and Compensation Plan for Marina Directors and receiving an oral report on the changes.
Council Questions: Do the positions of our directors accrue over time for being on call ? If not, why? Do we have numbers that show us how much time they put in extra? Is this extra time part of their job description? What is the comparative market we used for the salaries? So when we do the comparable, do we plan to be on top , middle or bottom of the comparable? Have we've done the research to figure out how much it cost to live in our area ? Do you find it a bit of a challenge, or challenging at all to attract people, to move to a work for our city?
MEDINA DIRKSEN/BERKLEY: THAT WE ADOPT RESOLUTION NO. 2022 -, MEMORIALIZING ADJUSTMENTS PREVIOUSLY APPROVED TO THE CITY’S SALARY
SCHEDULE AND COMPENSATION PLAN FOR MARINA DIRECTORS AND RECEIVING AN ORAL REPORT ON THE CHANGES. 4-0-0-1(Biala)
Public Comments: None received
b. City Council receive presentation on the long-term vision and fiscal sustainability, hangar and infrastructure needs and solutions, and potential financial support from the Military Assistance Program for the Marina Municipal Airport. Continued from June 7, 2022.
Council Questions: The overall plan for our airp ort, is it to be expansion into Jo by Manufacturing support? Is it to be transportation? Increased services to get into commercial carrier ? What is the ultimate goal here? How do they feel or what's the temperature of expanding our runway? what's defined as general aviation? Are we working with anybody to let her c ause be known? Has anybody successfully that we know of navigated this situation to Its benefit to get an expanded runway. Had we already received some fundings to extend the runway back in 2019-2022? Seems a lot of our pitch to the Faa and part of our vision is centered around our relationship with Job y, do we have things in writing and a guarantee from them about the proposed construction hangars ? Basically, we currently do not have any ki nd of guarantee or any kind of agreement for these buildings or other future visions for Joby, correct? When we seek funding through the map program, are we going to see 35 million over 5 years or some other number? UCMBEST put a lot of money in the str eets, curb gutter lighting Curb gutter lighting ? Can you describe tomorrow's meeting with U CMBEST and how that relates what their plans ar e for this area, and how their plans relate or link up with our plans ? If UCMBEST develop their property, would it b e for business par k and be in competition with our plans to develop our property? New residents or businesses complain about the airport t hat's been there longer than they have but if you start to make changes and increase the use it might cause problems so my question is, what does staff think about the order airport development and Marina Station development? Is it better that we develop our airport before Marina Station, or vice versa? Public Comments:
• Denise Turley – Asked if Joby was not going to o nly develop ing the planes here, but would possibly actually use the airport to start taking off and flying to other helipads then would they then be conside red an airport proper use ? Would that also possibly en gender other things like businesses support businesses whatever?
MINUTES for City Council Meeting of Wednesday, July 6, 2022 Page 7
• Brian McCarthy – Supportive of continuing development of aviation uses at the Marina Airport but concerned about the level of maybe public input and industry involvement in the discussion. Feels like direction is kind of being given as to the future of land uses at the airport and not enough. public involvement in the discussion. Would love to see more community input and workshops on this.
c. City Council continue discussion from April 19, 2022 , City Council meeting regarding unmet community facilities, infrastructure, public safety & staff ing needs and possibl e f unding options and stra tegies to address these needs an d provide direction to city staff.
Council Questions: Slide 3, property values – where did this data information come from? What other type of outreach will we do once we've received the information and have to make a decision ? Has there been instances in the past where surveys have told us voters/citizen have thought one way but we've been successful in passing things despite what the polls or surveys have told us ? So, the presentation that you've put forward we've seen these slides before and we had a discussion about maybe combining, would that save us money if we put the police and fire price into one building or put the community center police and the one buildin g, could we reduce that 53 down to something smaller?
Public Comments:
• Les Martin – Seems like a reall y important need and would support a bond even though it ’s an increase to the property tax bill.
• Brian McCarthy – Commented on a proposed state bill that would provide funding for a municipal water truck for a city kind of like ours that couldn't adequately protect some of this new housing stock that was coming online especially with the requirement to streamline. Asked if staff has looked into this and if not, can they? Commented on the survey and how it was conducted. Asked if staff is aware if the survey folks intentionally excluded anyone such as sitting Council members? • Denise Turley – Indicated that this was important thing for the city as it continues to grow and stretched thinner. Need to be able to provide better response times for emergenc y calls.
Commented on how the survey was conducted and be transparent. • Branson Kelsey – Agrees with previous speaker a bout the survey being completely transparent .
Asked who is funding this survey and w ho is doing the survey and was told it was classifi ed.
Suggested that if any surveys are to be done full disclosu re of “who, what, where and when ” should be done. Better communication from the city if the form of leaflet s, or mailers should be done for items like these.
• Liesbeth Visscher – Think it's very important for Marina residents to know what the response times are currently for the firefighters and a second fire station and good response times it's can be a matter of life, or death.
Berkley/Delgado: that we bring this discussion back with a fu ll recommendation on our next meeting which is the twelfth with a written -out bond measure, along wit h a draft bond measure along with survey results for us to review and decide upon.
Mayor Delgado asked for a friendly amendment, that we direct staff to bring us back some options.
Council Member Berkley accepted the friendly amendment.
MINUTES for City Council Meeting of Wednesday, July 6, 2022 Page 8
Final Motion
BERKLEY/DELGADO: THAT WE BRING THIS DISCUSSION BACK WITH A FULL
RECOMMENDATION ON OUR NEXT MEETING WHICH IS THE TWELFTH WITH A
WRITTEN-OUT BOND MEASURE, ALONG WITH A DRAFT BOND MEAS URE ALONG WITH SURVEY RESULTS FOR US TO REVIEW AND DECIDE UPON; AND THAT WE
DIRECT STAFF TO BRING US BACK SOME OPTIONS
12. COUNCIL & STAFF INFORMATIONAL REPORTS:
a. Monterey County Mayor’s Association [Mayor Bruce Delgado] b. Council and staff opportunity to ask a question for clarification or make a b rief report on his or her own activities as permitted by Government Code Section 54954.2.
13. ADJOURNMENT: The meeting adjourned at 10:10 P.M.
Anita Sharp, Deputy City Clerk
ATTEST:
Bruce C. Delgado, Mayor