MINUTES
Tuesday, July 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 2022-78, 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 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 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 Ag ency of the Former Redevelopment Agency Members and Ma rina Groundwater Sustainability Agency)
MEMBERS PRES ENT: Cristina Medina Dirkse n, Mayor Pro -Tem/Vice Chair Kathy Biala, Mayor/Chair Bruce C. Delgado
MEMBERS ABSENT: David Burnett (Excused); Lisa Berkley (Excused)
3. CLOSED SESS ION: 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 F ormer Redevelopment Agency 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 Meyers -Milias- Brown Act representative.
MINUTES for City Council Meeting of Tuesday, July 19, 2022 Page 2
a. Labor Negotiations
i. Marina Employee Association
ii. Marina Professional Fire Fighters Association
City Negotiators: Layne P. Long, City Manager and Employee Relations Officer b. Conference with Le gal Coun sel, Potential li tigation, 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 – One potential case
c. Real Property Negotiation
i. Property: Commercial property at southeast corner of Del Monte Blvd. and Palm Avenue (APN 032-303-038) and residential property at Hayes Circle and 3rd Avenue (APN 032-303-039, a portion)
Negotiating Party: George Powell
Negotiator(s): City Manager
Terms: Price and Terms
7:30 PM - RECONVENE OPEN SESSION AND REPORT ON ANY ACTI ONS TAKEN I N
CLOSED SESSION
Heidi Quinn, City Attorney reported out Closed Session: Council met at 5:00 p.m. with the three items listed. In regard to all three items listed, Council received information, provided direction and no reportable action was taken.
4. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE (Please stand)
5. SPECIAL PRESENTATIONS:
a National Night Out Proclamation
b Tahra Goraya, Monterey Bay Economic Partnership
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 st aff and/o r pla ced on a futu re agenda. C ity Co uncil members or City staff may briefly respond to stat ements made or que stions posed as permitted by Government C ode Section 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. • Sean Reese , Field Rep for NorCal Carpenters Union – Spoke about ensuring the future of our construction, industry, and our community that begins with the pre -qualification language of our local developments, hiring locally and ensuring proper healthcare benefits. Local hiring policies are needed. Commented on their apprenticeship programs. Hoping to have a sit-down with city staff.
• Mike Owen – Commented on SB330 streamline process and anxious about turning his application for the Tree Committee in anticipation that something might happen at the end of August . Spoke about the process for becoming a Tree Committee mem ber and about development area s that will require trees to be removed.
MINUTES for City Council Meeting of Tuesday, July 19, 2022 Page 3
• Tim Favalor , Field Rep for L ocal 605 – Wanted to discuss some building policies that would elevate labor construction standards and provide solid work operators for carpenters in our community and some of those po licies include apprenticeships while also providing solid careers for workers in our community and help reduce greenhouse emissions. • Tommy Bolea – Commented on the City going to the voters for a $50 million bond to construct new buildings versus using current fund to fix the issues with the buildings we a lready have .
Noted the city should not leave the future generation in debt.
7. CONSENT AGENDA FOR THE SUCCESSOR AGENCY TO THE FO RMER MARINA REDEVELOPMENT AGENCY: Background information has been provided to the Successor Agency of the former Redevelopment Agency on all matters listed under the Consent Agenda, and these it ems 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 ask a quest ion or make a c omment a bout an agenda ite m and s taff w ill provide a response. If discussi on or a lengthy explanation is requ ired, that it em 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 be en provided to the City Council, Airport Commission, Marina Abrams B Non-Profit Corporation, and Redevelopment Agency on all matters listed under the Consent A genda, and these items are considered to be routi ne. All 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 ask a question 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 EFT’s & Check Numbers 100268-100348, totaling $1,454,575.26 Accounts Payable for Successor Agency Check Number 90, totaling $2,380.00 b. MINUTES:
(1) June 21, 2022, Regular City Council Meeting
(2) July 6, 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 Council consider adoptin g Resolution No. 2022 -94, r egarding the Ralph M. B rown Act (California Go vernment Code §§54950 -54963, making c ertain findings; and authorizing th e city to continue to i mplement remote teleconferenced public meetings of the City Council and its constituent bodies for the period July 22, 2022, through August 20, 2022.
g. APPROVAL OF AGREEMENTS:
(1) City Council c onsider adopting Resolution No. 202 2-95, approving Public Improvement Agreements for the Terracina Project at the Dunes – Sites 1 & 2 between the City of Marina and USA Properties Fund, Inc., and; authorizing the City Manager to execute the Public Improvement Agreements on behalf of the City subject to final review and approval by the City Attorney.
MINUTES for City Council Meeting of Tuesday, July 19, 2022 Page 4
(2) City Council consider adopting Resolution No. 2022-96, approving a contract with Rincon Consulting and Veronica Tam to provide urban planning services to complete the Sixth Cycle Housing Eleme nt for an amount not to exceed $300,000; and authorize the Finance Director to make necessary accounting and budgetary ent ries, and authorize the City Mana ger to execute a contract amendment on behalf of City with Rincon Consulting subject to final review by the City Attorney.
(3) City Council consider adopting Resolution No. 2022-97, approving the Animal Services Agreement bet ween the City of M arina and the County of Monterey; and authorize Animal Services Ag reement with the County o f Monterey effective 07/01/2022 through 06/30/2024.
h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
i. MAPS:
j. REPORTS: (RECEIVE AND FILE): None
k. FUNDING & BUDGET MATTERS: None
l. APPROVE ORDINANCES (WAIVE SECOND READING):
(1) City Cou ncil consider a dopting Ordinance No. 2022-03, approving Amendments to Title 17 of the Municipal Code by adding Sections 17.45. (2) City Council consider adopting Ordinance No. 2022-04, approving Amending Chapter 17, Article 5, by adding a new section 17.49, “ Low-barrier Navigation Center”, to the Marina Municipal Code.
m. APPROVE APPOINTMENTS: None
Council Member Medina Dirkse n had a question for item 8a – Wanted to know what the payment to Save the Whales was for.
DELGADO/MEDINA DIRKSEN: TO APPROVE THE CONSENT AGENDA . 3 -0-0 (Burnett, Berkley)-0 Motion Passes by Roll Call Vote
9. PUBLIC HEARINGS:
a. City Co uncil open a publ ic hearing and consider adopting Resol ution N o, 202 2-, approving the assignment of the Development Agreement related t o the Marina Station Project to 3rd Millennium Partners; and read by title only a nd approve the first reading of Ordinance No. 2022-, approving the fir st ame ndment to the development agreement related to the Marina Station Project. Continued from June 21, 2022
Public Comments:
• Les Martin – Noted the p lan for this project looks fantastic and was impressed and building of affordable houses is something that needs to be done. Supports moving forward • PK Diffenbaugh – Spoke as an individual as the MPUSD board hasn't taken any positi on on this project. This project will have a significant impact on the district in a variety of ways. Noted that currently about 20% of our student population qualifies as homeless under the McKinney Vento Act. A large percentage around 500 kids live in the city of Marina looking at the very low-income housing potentially I could see 80 plus students be able to have an affordable home and move out of homelessness would be probably the single greatest impact of the project . Need housing for MINUTES for City Council Meeting of Tuesday, July 19, 2022 Page 5
teachers as well under the moderate -income. Asked that you take that seriously into your consideration and hopeful that you'll move forward tonight. • Tommy Bolea – Asked how many renters versus homeowner were? Is there a ratio or these are going to be more homeowners or more renters? How long are the deed restriction in place for? Noted the current local schools look like an airport with all the cars. Wondered i f kids actually rode their bikes to school. Asked if Council kn ew how many student s come from out of the district? Wanted to know how much grass area is there in this project? • Jeff Markham – Asked if Third Millennium Partners selected a development partner at this time to do architecture and construction of the actual housing units and commercial units ? Also asked since it abu ts up to farmland is there any additional environmental consideration that need to be taken into effect to approve a project such as such as this so close to farmland? Mayor Delgado closed the public comment period
Council Questions: Fire Station, can you tell us just a little bit, or review one of the amendments, not the amenities, what you will be doing to assist with the need for fire service in my part of town by Walmart? Would you mind quickly telling us what those fees and tail how many it mig ht be? Correct me Karen our city outside council and city manager , i t looks like about $800,000. is that correct? Dustin is you're asking us for what tonight can you just break that down really quickly, w e were talking 3, and now we're talking to him what is it that you need? The reason for such the delay, cause I had found some documents that said he needed from 2018. I think it needed. I think it was like no more than 15 years to build just what happened to delay it this long?
DELGADO/BIALA: that we accept the presentation information, and we direct Staff to come back as soon as comfortable for the developer and staff regarding these issues we brought up at our last meeting, and tonight
Council Member Medina Dirksen asked if the motion could be restated
Restated Motion
Delgado/Biala: to accept the presentation and direct staff to come back on August third with a summary and some clarification on the issues that we brought up at our last meeting Council Member Medina Dirksen asked for a friendly amendment, that this information that we've received in the reports and anything else that's releasing is made public on our website in a place that's easy to find.
Mayor Delgado incl uded in the fri endly amendment , would include, I think, the July eighth, 2022, Anthony Lombardo and associate's letter to the late to the city manager and any agreements settlement agreements if possible.
Final Motion
DELGADO/BIALA: TO ACCEPT THE PRESENTATION; AND DIRECT STAFF TO COME
BACK ON AUGUST THIRD WITH A SUMMARY AND SOME CLARIFICA TION ON THE ISSUES THAT WE BROUGHT UP AT OUR LAST MEETING; AND THAT THIS
INFORMATION THAT WE'VE RECEIVED IN THE REPO RTS AND ANYTHING ELSE
THAT'S RELEASING IS MADE PUBLIC ON OUR WEBSITE IN A PLACE THAT'S EASY TO FIND; AND WOULD INCLUDE, THE JULY EIGHTH, 20 22, ANTHONY LOMBARDO
AND ASSOCIATE'S LETTER TO THE LATE TO THE CITY MANAGER AND ANY AGREEMENTS SETTLEMENT AGREEMENTS IF POSSIBLE . 3-0-0 (Burnett, Berkley) -0 Motion Passes by Roll Call Vote
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10. OTHER ACTIONS ITE MS OF THE SUCC ESSOR A GENCY TO THE FORMER MARINA R EDEVELOPMENT AGENCY: 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 pu blic is invited to approach th e pod ium 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 p rograms should be undertaken without review of the im pacts on existing priorities (Resolution No. 2006-79 – April 4, 2006).
12. COUNCIL & STAFF INFORMATIONAL REPORTS:
a. Monterey County Mayor’s Association [Mayor Bruce Delgado] b. Council and staff op portunity 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 9:05 P.M.
Anita Sharp, Deputy City Clerk
ATTEST:
Bruce C. Delgado, Mayor