MINUTES
Tuesday September 20, 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 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 2022-110, 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 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 Agency of the Forme r Redevelopment Agency Members and Ma rina Groundwater Sustainability Agency)
MEMBERS PRESENT: Cristina Medina Dirksen, David Burnett, Lisa Berkley, Mayor Pro-Tem/Vice Chair Kathy Biala, Mayor/Chair Bruce C. Delgado
3. CLOSED SESS ION: As permitted by Government 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 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 § 54956.9(b): One case
MINUTES for City Council Meeting of Tuesday, September 20, 2022 Page 2
b. Labor Negotiations
i. Marina Employee Association
ii. Marina Professional Fire Fighters Association
6:30 PM - RECONVENE OPEN SESSION AND REPORT ON ANY ACTIONS TAKEN IN
CLOSED SESSION
Staff determined prior to the meeting that the Closed Session portion of the meeting would be cancelled. No reportable action.
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 C ouncil 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 a ll 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. • Liesbeth Vi sscher – Announced on Thursday, November 17, 2022 , the California Coastal Commission will hold a hearing on CalAm ’s proposed Desal Project. Stated the desal project will danger Marina’s drinking water due to saltwater intrusion. C heck out our website to get informed Www.Citizensforjustwater.org. Asking the public to give comments at the November 17 th Coastal Commission meeting either in person in Salians or hopefully also in Marina, where they might livestream.
7. CONSENT AGENDA FOR THE SUCCESSOR AGENCY TO THE FO RMER MARINA REDEVELOPMENT AGENCY: Background information has been provided to the S uccessor Agency of the former Redevelopment Agency on all matters listed under the Consent Agenda, and these item s are considered to b e routine. Al l items under the Consent Agenda a re 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 comment a bout an agenda ite m and s taff wil l provide a response. If discussion or a lengthy explanation is req uired, that item wi ll 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 pr ovided 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 considere d to be routi ne. All items under the Consent Agenda are normally a pproved 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 res ponse. 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 100728-100826, totaling $506,613.81 b. MINUTES: None
MINUTES for City Council Meeting of Tuesday, September 20, 2022 Page 3
c. CLAIMS AGAINST THE CITY: None
d. AWARD OF BID: None
e. CALL FOR BIDS: None
f. ADOPTION OF RESOLUTIONS: None
g. APPROVAL OF AGREEMENTS:
(1) City Council consider adopting Resolution No. 2022-114, authorizing the City Manager to execu te a n Amendment to the Memorandum of Understanding between the City of Marina and the Mari na Professional Fire Fighters Association (MP FFA); authorizing adjustments to the City’s Salary Schedul e and Compensation Plan, and; authorizing Finance Director t o make appropriate accounting and budgetary entries.
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
BURNETT/BERKLEY: TO APPROVE THE CONSENT AGENDA. 5 -0-0-0 Motion Passes by Roll Call Vote
9. PUBLIC HEARINGS: None
10. OTHER ACTIONS ITEMS OF THE SUCCE SSOR AGENC Y TO THE FORMER MARINA R EDEVELOPMENT AGEN CY: 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 t he 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 prog rams should be undertaken w ithout review of the impacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). a. City Council consider adopt ing Resolution No. 2022 -115, approving the Memorandum of Understanding (MOU) for the odor att ribution study between the ReGen Monterey (ReGen), Monterey One Water ( M1W), and the City of Marina and authorizing the City Manager to execute the amendment subje ct to final review and approval by the City Attorney, and authorizing the F inance Director to make necessary accounting and budgetary entries.
Council Questions: What is the timeframe for this study? It was mentioned in the report that SCS be doing the engineering services so who will be doing the study at are the environmental services, including writing all the reports the whole A-Z. or will someone else be doing the study? Who will be on the city, M1 or ReGen to oversee the study and review for editi ng purposes the final draft product? Who will be reviewing the draft before it’s finalized? Will the public, or the city council or ReGen, or M1 Water be seeing the draft, or only the final ? Will the public have any access or ReGen or MINUTES for City Council Meeting of Tuesday, September 20, 2022 Page 4
Monterey One Water, to what the study is going to do in detail ? will public or anyone outside of SCS and city's staff have input to the study methodology to the guts of the study ? Will anyone have any input befo re the study launches and ends? Is there one document that's going to explain the methodology, etc prior to the release of this study? Will there be a 15-day comment period? There is a core group of citizen s involved in this, i s there a way to expand beyond those that are already in the know? Does the scope of w ork include the methodology? How do we create a benchmark when it is such an elusive thing that occurs ? Does this include ground samples as well? Is there a spot on our website for public engagement ? Have team members been vetted for conflicts of inter ests? On the evaluation committee, there was one public representative is it possible to know who that was or is that confidential? Are there any other roles that Greg Simmons can play in this process? Use of the complaint data over the past two years as part of the SCS database , how many actual complaints is that? On page 2, and 3 so the first one says that there's going to be 2 days conducting initial odor inspections and that's with this all-facto meter and in Section 2.4, it talks about the field in vestigation program, and this will take place approximately 2 weeks in the winter season , is that using that all - facto meter or is that some other different methodology? Landfill Gas wells (LFG), is that something that you access specifically, or do you run your own LFG well studies? ReGen is normally collecting the LFG data, is their LFG data useful in your study? You have a certain designated period of sample collection, but if someone during the study period calls MBARD, will you respond also and follow up, or is this just left as another complaint log in? What do we do if a majority of your testing days don’t’ detect odors? On one of the analyses for either of these 2 resolutions, it says that ReGen and Monterey One Monterey Water may elect to pay th e city all or portions of their share in advance of expenses incurred, I wonder if that's going to be possible otherwise we would be out $150,000 for maybe 10 months? Can a non-discrimination clause be put into the contract like our other contracts?
BERKLEY/BURNETT: TO ADOPT RESOLUTION NO. 2022 -115, APPROVING THE
MEMORANDUM OF UNDERSTANDING (MOU) FOR THE ODOR ATTRIBUTION STUDY BETWEEN THE REGEN MONTEREY (REGEN), MONTEREY ONE WATER (M1W), AND
THE CITY OF MARINA AND A UTHORIZING THE CITY MANAGER TO EXECUTE THE
AMENDMENT SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY
ATTORNEY, AND AUTHORIZING THE FINANCE DIRECTOR TO MAKE NECESSARY ACCOUNTING AND BUDGETARY ENTRIES. 5-0-0-0 Motion Passes by Roll Call Vote Public Comments:
• Denise Turley – Asked if they collect the data and the data isn't related to the smell but maybe it's a violation of air pollution standard is that data reported to the appropriate agency? Will the public be told that that data occurred on that date?
• Liesbeth Visscher – Asked who will pay if the cost will be more than a $150,000? • Brian McCarthy – Tracking this issue for a whi le now. Thinks it's a fantastic example of how involving residents can really strengthen the process . Worst outcome. is that this study would come back inconclusive because of a variety of possible conditions. Wanted to confirm that this is about odors that generate complaints from our community at larg e. Hopes SCS really understands our unique microclimates.
• Tommy Bolea – Commented on Marina ’s various climates and the way the wind blow. Spoke about the gasses that leach out of the ground at the landfill and noted the landfill is not a looped system. Spoke about global warming.
• Grace Silva-Santella – Thanked Mayor Pro Tem Biala for the confidence that she expressed and to Greg Simmons. Noted several citizens have been involved in this odor issue . Has confidence that MINUTES for City Council Meeting of Tuesday, September 20, 2022 Page 5
Greg Simmons will be a fabulous citizen representative for us . Spoke about a former cou ncil member who brought posted complaints on social media . Supports the motion and moving forward on this and seeing the results.
• Greg Simmons – Involved in an information group and involved early on with the discussions about the odor study . Wasn ’t sure the study would come to fruition but There's been some go od leadership coming out of the city . Noted the work by Brian and Saber we're very professional and very inclined at least for our group, and very open minded . Commented on the RFP and helping to review the proposals and the selection of SCS. Spoke about SCS experience and their scope of work for this project. Expressed his willingness to continue helping if asked.
b. City Council consider adopting Resolution No. 2022-116, approving a professional services agreement between the City of Marina and SCS Engineers for environmental services for the odor attrib ution study project ; and authorizing the city manager to execute the agreemen t on behalf of the City subject to final review and approval by the City Attorney.
Council Questions: None
BIALA/BERKLEY: TO ADOPT RESOLUTION NO. 2022 -116, APPROVING A
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CIT Y OF MARINA AND SCS
ENGINEERS FOR ENVIRONMENTAL SE RVICES FOR THE ODOR ATTRIBUTION STUDY PROJECT; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENT ON BEHALF O F THE CITY SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY. 5-0-0-0 Motion Passes by Roll Call Vote Public Comments:
• Tommy Bolea – Expressed concerns that other agencies are not helping to pay the co sts for this study. Marina should not be footing the bill.
12. COUNCIL & STAFF INFORMATIONAL REPORTS:
a. Monterey County Mayor’s Association [Mayor Bruce Delgado] b. Council and staff opportunity to ask a que stion 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 8:10 P.M.
Anita Sharp, Deputy City Clerk
ATTEST:
Bruce C. Delgado, Mayor