MINUTES
Tuesday November 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 2022-123, 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 Former Redevelopment Agency Members and Ma rina Groundwater Sustainability Agency)
MEMBERS PRESENT: David Burnett, Mayor Pro -Tem/Vice Chair Kathy Biala, Mayor/Chair Bruce C. Delgado
MEMBERS ABSENT: Cristina Medina Dirksen, Lisa Berkley
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.
MINUTES for City Council Meeting of Tuesday, November 1, 2022 Page 2
a. Conference with Legal Counsel, Potential litigation, exposure to litigation per: “Conference with Legal Counsel – anticipated litigation, significant exposure to litigation pursuant to paragraph (2)(d) of CA Govt. Code sec. 54956.9 – One potential case
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: Council met in Closed Session with the regard to the on e item listed : Legal Counsel potential litigation under Government Code, 54956.9 one potential case . Council discussed a settlement agreement and on a motion by Council Member Burnett and Seconded by Mayor Pro Tem Biala. The Council voted to approve a settlement agreement with Wathens Castanos Peterson Homes and authorized the city manager to execute the agreement .
General terms include provisions for below market rate, housing, construction of a park and habitat mitigation. Further details of the settlement agreem ent will be made ava ilable once the settlement agreement is executed . The motion passed by Roll Call Vote 3 council members, present Mayor Delgado, Council members Biala and Burnett all voted in favor of the motion and Council members Berkeley and Council Member Christina Medina Dirksen were both absent from the meeting.
4. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE (Please stand)
5. SPECIAL PRESENTATIONS:
a. Native American Heritage Month Proclamation
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 Cou ncil and 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 p laced 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 Code 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. • Liesbeth Visscher – Commented about the CalAm Desal Plant Project and the upcoming Coast Commission Hearing on November 17, 2022, in Sal inas. Encourages citizen s to help protect Marina’s water supply by speaking out at t he November 1 7, 2022, Coastal Commission hearing.
For more information on how to participate, please visit www.citizensforjustwater.org • Mayor Delgado – Commented on the Forum on the CalAm De sal Project held at the Marina Library last night and thanked all those involved for hosting the event and those who attended.
7. CONSENT AGENDA FOR THE SUCCESSOR AGENCY TO THE FORMER 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, an d these items are considered to be routine. Al l ite ms under the C onsent 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 quest ion or make a comment a bout an agenda item a nd staff will provide a response. If discussi on or a lengthy explanation is requ ired, that item will b e removed from the MINUTES for City Council Meeting of Tuesday, November 1, 2022 Page 3
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 Agen da, 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 question or make a comment about an agenda item and staff will provide a response. If di scussion or a lengthy explanation 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 101009-101105, totaling $545,052.53 b. MINUTES:
(1) October 6, 2022, Regular City Council Meeting
(2) October 18, 2022, Regular City Council Meeting
(3) October 25, 2022, Special City Council Meeting
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 C ouncil consider adop ting Resolution No. 2022 -132, approving a mitigation services agreement with the Big Sur Land Trust (BSLT) in order for the BSLT to serve as the conservation easement holder f or the Imjin Parkway Widening Project, and; authorize the City Manager to exec ute the agreement o n behalf of the City Council su bject 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:
(1) City Council consider appointing to Pub lic Works Comm ission: Cynthia Tanabe, Ji m Felton for a term expiring February 202 4; and Michael Owen , Steve Hunt and Stephen Rouland for a term expiring February 2025.
DELGADO/BIALA: TO APPROVE THE CONSENT AGENDA . 3 -0-2(Medina Dirksen, Berkley)-0 Motion Passes by Roll Call Vote
9. PUBLIC HEARINGS:
a. City Council consider approving introductio n by title only and approving first reading of Ordinance No. 2022-, adopting and amending Title 15 of the Marina Municipal Code to adopt 20 22 Editions of California Buildin g Standards Codes, specifically 20 22 MINUTES for City Council Meeting of Tuesday, November 1, 2022 Page 4
California Building Code, 2022 California Residential Code, 2022 California Electrical Code, 20 22 California Mechanical Code, 20 22 California Plumbing Code, 20 22 California Energy Code, 20 22 California Green Building St andards Code, 20 22 California Existing Building Code, 2022 California Historical Bui lding Code and 2022 California Fire Code, with certain exceptions, modificat ions and additi ons required by local climatic, geological or topographical con ditions; and s et Tuesday, November 1 5, 2022, for public hearing, approving second reading by title onl y, and final adoption of the Ordinance to be in effect as of January 1, 2023.
Council Que stions: Is there any discretion or ability for us to encourage higher standards ? Can something be done to mitigate the ground vibrations on constructions? Mayor opened the public hearing for public comments: Brian McCarthy made comments.
BIALA/BURNETT: TO APPROVING INT RODUCTION BY TITLE ONLY AND APPROVING FIRST READING OF ORDINANCE NO. 2022-, ADOPTING AND AMENDING TITLE 15 OF THE MARINA MUNICIPAL CODE TO ADOPT 2022 EDITIONS OF CALIFORNIA BUILDING STANDARDS CO DES, SPECIFICALLY 2022 CALIFORNIA BUILDING CODE, 2022 CALIFORN IA RESIDENTIAL CODE, 2022 CALIFORNIA ELECTRICAL CODE, 2022 CALIFO RNIA MECHANICAL CODE, 2022 CALIFORNIA PLUMBING CODE, 2022 CALIFORNIA ENERGY CODE, 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, 2022 CALIFORNIA EXISTING BUILDING CODE, 2022 CALIFORNIA HISTOR ICAL BUILDING CODE AND 2022 CALIFORNIA FIRE CODE,
WITH CERTAIN EX CEPTIONS, MODIFICATIONS AND ADDITIONS REQUIRED BY LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS; AND SET TUESDAY, NOVEMB ER 15, 2022, FOR PUBLIC HEARING, APPROVING SECOND
READING BY T ITLE ONLY, AND FINAL ADOPTION OF THE ORDINANCE TO BE IN EFFECT AS OF JANUARY 1, 2023 ; WITH THE EXCEPTIONS, MODIFICATIONS, AND ADDITIONS DEEMED APPROPRIATE BY STAFF . 3-0-2(Medina Dirksen, Berkley)-0 Motion Passes by Roll Call Vote
10. OTHER ACTIONS ITE MS OF THE SUC CESSOR A GENCY 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 the 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 prog rams should be undertaken w ithout r eview of the impacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). a. City Council consider adopting Resolution No. 2022-133, authorizing staff to work with B ird, I nc. to implement the de ployment and authorize the City Manager to execute a Shared Mobility Agreement , an encroachment permit with a fee agreement, and amendments ne cessary to imp lement a Shared Mo bility Device Services program in Marina.
Council Questions: Scooter drop-off and maintenance, is this a 24 -hour of operation or are there regular hours of service? Are the employees that provide the service contracted with Bird? Who is fielding questions or concerns ? Do you anticipate that there's going to be some signage or striping MINUTES for City Council Meeting of Tuesday, November 1, 2022 Page 5
street striping to support this project? Who is responsible when a cl aim is filed? Does a motorized scooter constitute being a motor vehicle? If the City does not approve this contract does that mean the contract with CSUMB will go in a different direction, are they tied together? Does staff have the time to do enforcement of problems if there is no response from Bird? Are there going to be any signs attached to any violations of where people leave these E scooters? Will there be educational raining on how to park the sc ooters? What cities have banned E -Scooters? Are there weekend business hours? Can city be grossly negligent if a person trips over a scooter on a sidewalk? Are riders required to wear helmets? Is the city satisfied that the current parking encroachment provisions are adequate?
DELGADO/BURNETT: THAT WE ADOPT RESOLUTION NO. 2022 -133, AUTHORIZING
STAFF TO WORK WITH BIRD TO DEPLOY, AND THE CITY MANAGER EXECUTES THE AGREEMENT WITH THE EN CROACHMENT PERMIT, AND THAT WITHIN 90-
DAYS WE GET SOME DATA BACK ON INCIDENTS, ACCIDENTS, PROBLEMS FROM
BOTH BIRD, AND THE KIND OF CONCERNS BEING CONVEYED TO OUR CITY STAFF
SO CITY COUNCIL CAN EVALUATE WHETHER WE NEED TO CHANGE ANYTHING OR IMPROVE SUCCESS. 2-1(Biala)-2(Medina Dirksen, Berkley)-0 Motion Passes by Roll Call Vote
Public Comments on this matter from: Jon Pere z, Denise Turley , Nancy Amadeo, Liesbeth Visscher and Les Martin.
b. City Council consider adopting Resolution No. 2022-, amending Resolution No. 80- 71, as amended , Establishing the Rules a nd Procedures for the Conduct of Meetings; amending Par agraph 8 regarding Or der of Business and Consid eration and Sequence of Agenda Ite ms; amending Paragraph 9 regarding Preparation of the Minutes; amending Paragraph 13 regarding Debate; amending Paragraph 27 regarding Manner of Addressing Council ; and approving a new Agenda form at in substantially the same form.
DELGADO/BIALA: THAT WE:
1. ENCOURAGE PEOPLE TO DO EMAIL VERSUS VERBAL COMMENTS, SO THAT THERE CAN BE A BETTER RECORD AND A BETTER RESPONSE.
2. LIMIT PUBLIC COMMENT ON GENERAL ITEMS, NOT ON THE AGENDA TO 30-
MINUTES AT THE START OF THE MEETINGS AND ASSESS HOW MANY PEOPLE NEED TO SPEAK SO T HAT WE CAN GET THAT 30 -MINUTES TO
COVER EVERYBODY AND DO WHAT DAVID BURNETT SAID AT THEIR SUBSET
TO POSTPONE THE LAST BIT OF THE PUBLIC COMMENT, IF WE RUN OUT OF 30-MINUTES TO THE END OF THE MEETING.
3. I WOULD LIKE THERE TO BE ONLY 1 -MINUTE FOR THE BRIEF COMMENTS THAT HAPPEN AFTER MOTION IS MADE.
4. I WOULD LIKE THE TECHNIC AL QUESTIONS OR CLARIFYING QUESTIO NS, WHATEVER WE CALL THOSE TO BE DEFINED WITH EXAMPLES. SO, IT'S EASIER FOR THE CHAIR AND THE REST OF US TO FOLLOW.
5. I WOULD LIKE 5 -MINUTES PER COUNCIL COMMENTS ON AGENDAS ITEMS,
WITH NO LIMIT ON THE NUMBER OF TIMES, AND TH AT EVERYBODY HAS A CHANCE TO SPEAK UP T O 5 -MINUTES BEFORE A CERTAIN COUNCIL MEMBER OR ANY COUNCIL MEMBER HAS A SECOND CHANCE TO SPEAK.
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6. PAGE 7, ITEM, 1(C), THAT LIST, THE FOLLOWING SHALL BE THE PROCEDURE
FOR CONSIDERING AND SEQUENCE OF EACH AGENDA ITEM, INC LUDING PUBLIC HEARINGS.
7. ADD THAT U NDER THE RULES OF DEBATE THAT WE HAVE AFTER A VOTE HAS BEEN TAKEN NO FURTHER COMMENT OR DISCUSSION ON THE TOPIC.
8. ASK STAFF AT THEIR LEISURE TO LOOK AT HOW CONSENT AGENDA COULD BE USE MORE EFFICIENTLY PERFECT.
9. WE TAKE OUT T HE QUASI-JUDICIAL ISSUES, AND WE W ORD SMITH THAT A LITTLE BIT BETTER.
10. AB1234 REPORTS THAT SOMEHOW, WE MAK E THAT MORE
UNDERSTANDABLE TO THE PUBLIC.
11. CONSENT ITEM CAN ONLY BE PULLED BY COUNCIL MEMBERS.
12. STAFF IS GOING TO COME BACK WITH A 2 STEP PROCESS FOR PLA CING
ITEMS ON THE AGENDA AND THEN CHECK HOW OTHER CITIES MIGHT DO IT AND COME BACK WITH SOME IDEAS FOR A POLICY.
13. NATIVE AMERICAN LANDS - TO INCLUDE ON ALL FUTURE AGENDAS “CITY OF
MARINA RECOGNIZES THAT IT WAS FOUNDED AND IS BUILT UPON THE
TRADITIONAL HOMEL ANDS AND VILLAGES INHABI TED B Y THE ESSELEN, THE
FIRST INDIGENOUS PEOPLES OF THIS REGION, AND THEIR ANCEST ORS AND
ALLIES, AND HONORS THESE MEMBERS OF THE COMMUNIT Y, BOTH PAST AND PRESENT.” TO BE PLACED UNDER OUR VISIONS AND MISSION STATEMENTS.
Public Comme nts on this matter from: Mike Owe n, Les Martin, Nancy Amadeo, Brian McCarthy , Tommy Bolea.
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 10:50 PM
Anita Sharp, Deputy City Clerk
ATTEST:
Bruce C. Delgado, Mayor