MINUTES
Tuesday November 15, 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 locati on 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 Telev ision 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 C ommunities 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 (arrived at 7:25pm), Mayor Pro-Tem/Vice Chair Kathy Biala, Mayor/Chair Bruce C. Delgado
3. CLOSED SESSION: As permitted by Government Code Section 54956 et seq., the (City Council, Airport C ommissioners, Marina Abrams B Non -Profit Corporation, Preston Park Sustainable Communities Nonpr ofit Corporation, Successor Agency of the Former Redevelopment Agency Members and Marina 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. Public Employment Appointment (Govt. Code Section 54957(b)(1):
Position: City Attorney
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b. Real Property Negotiation (Govt. Code Section 54956.8) i. Property: Cypress Knolls Property, APN: 031-201-005
Negotiating Party: Mark Lobaugh, Epic Wireless Group, LLC Negotiator(s): City Manager
Terms: Price and Terms
6:30 PM - RECONVENE OPEN S ESSION AND REPORT ON ANY ACTIONS TAKEN I N
CLOSED SESSION
Heidi Quin, Interim City Attorney reported out Closed Session: Council met in closed session with the two items listed under Closed Session. In regard to both items, Council received information, provided direction 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 Cou ncil and Public. Any member of the public 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 sta ff and/o r pla ced on a futu re agenda. City C ouncil members or City sta ff 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 – Spoke about Coastal Commission Hearing in S alinas on November 17, 2022, on the Proposed CalAm Desal Plant.
• Doug Yount – Provided Council and the public an update on the Phase 3 of the Dunes demolition and building removal program.
• Archie Warren – Commented on Police Chief Nieto ’s election to the Sheriff’s seat and a sked City Council to consider Eddie Anderson when recruiting for Police Chief position. • Tina Nieto – Thanked the community for their support in the November 8th election. Congratulated Liesbeth Visscher and Brian McCarthy on their election to the Marina City Council. • Matthew Mogensen – Announced an Open House for the Incidental Take Permit (ITP) on Monday, December 1 2, 2022, in the Marina C ouncil Chambers. There will be a Q&A on the San Gilia population within Marina. We're also going to look at the different sites that we'll be discussing and then following evening on Tuesday, December 13th with the city Council. • Tommy Bolea – Commented on the water issue and hopes it will be voted do wn. Spoke about Commander Anderson being the right person to fill the police chief vacancy. Advocating for roadway cameras to assist with crimes in Marina.
• Council Member Medina Dirksen – Congratulated the new ly elected Council Members Liesbeth Visser and Brian McCarthy . Comment ed on the veteran’s day events that took place in the community. Spoke about Wreaths Across America , for more information contact the Marina Foundation.
• Mayor Delgado – Announced on November 24 th will be a free community dinner at the Community Center , 211 Hillcrest Avenue from 11:00am -2:00pm and thanked the city, Marina Rotary, Kiwanis and the other organizations for putting this event on. Commented on advocating MINUTES for City Council Meeting of Tuesday, November 15, 2022 Page 3
for a new Veterans ’ home her e on the peninsula. Thanked the volunteers for coming out each Saturday for the planting events.
• Doug McCoun – Announced Ma rina Fire Department will be delivering Thanksgiving dinner to persons who are unable to leave their homes. More information call (831) 275-1700 • Mayor Pro Tem Biala – Commented on November 17 th Coastal Commission hearing in S alinas to approve or deny the proposed CalAm Desal Project and encouraged Marina residents to show their support either in Salinas or in the Marina Council Chambers.
7. CONSENT AGENDA FOR THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENCY: Background information has been provided to the Successor Agency of the for mer Redevelopment Age ncy on all matters lis ted under t he Co nsent Agen da, an d these items are considered to be routine. All items under the Consent Agenda are normally approved by one motion. Prior to such a motio n being made, any member o f the p ublic or t he City Counc il may a sk a quest ion or make a comment about an agenda item and staff will provide a response. If discussi on or a lengthy explanation is required, that ite m will b e rem oved from the Consent Agenda for Successor Agen cy t o 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 infor mation has bee n provid ed to the City Cou ncil, Ai rport Commission, Marina A brams B N on-Profit Corporation, and Red evelopment Agency on a ll matte rs listed under the Consent Agenda, 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 discussion or a lengt hy explanation i s required, that item will be removed from the Consent Ag enda and placed at the end of Other Action Items.
a. ACCOUNTS PAYABLE:
(1) Accounts Payable Check Numbers 101106-101193, totaling $601,836.28 Accounts Payable Successor Agency Check Number 100, totaling $672.40 b. MINUTES: None
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 -134, regarding the Ralph M. Brown A ct (Califo rnia Go vernment Code §§ 54950-54963, making c ertain findings; and authorizing t he city to continue t o i mplement r emote teleconferenced public meetings of the City C ouncil and its constituent bodies for the period November 21, 2022, through December 20, 2022. (2) City Council consider ad opting Resolution No. 2022 -135, authorizing the mayor or his designee to sign a letter of support for a Vete ran’s Home in Monterey County.
g. APPROVAL OF AGREEMENTS:
(1) City C ouncil consider adop ting Resolution No. 20 22-136, approving Amendment No.1 to the Measure X Regional Funding Agreement with the Transportation Agency for M onterey County (TAMC) for the Marina-Salinas Multimodal Corridor-Imjin Parkway Widening Project , and; authorize the City Manager to exec ute the Amendment on behalf of the City Council subject to final review and approval by the City Attorney.
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h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
i. MAPS: None
j. REPORTS: (RECEIVE AND FILE):
(1) City Council Consider receiving Investment Reports for the City of Marina, City of Marina as Successor Agency to the Marina Redevelopment A gency, and Preston Park Sustainable Community Non -Profit Corporation (PPSC -NPC) for the quarter ended September 30, 2022.
k. FUNDING & BUDGET MATTERS: None
l. APPROVE ORDINANCES (WAIVE SECOND READING): None
m. APPROVE APPOINTMENTS: None
DELGADO/MEDINA DIRKSEN: TO APPROVE THE CONSENT AGENDA . 3 -0-2(Burnett, Berkley)-0 Motion Passes by Roll Call Vote
9. PUBLIC HEARINGS:
a. City Council open public hearing, taking testimony from the public and consider approving Ordinance No. 2022-06, adopting and amending T itle 15 of the Mar ina Municipal Code to adopt 2022 Editions of California Building Standards C odes, specifically 20 22 California Building Code, 20 22 California Residential Code, 2022 California Electrical Code, 20 22 California Mechanical Code, 20 22 California Plumbing Code, 2022 California Energy Code, 2022 California Green Building St andards Code, 2022 California Existing Building Code, 2022 California Historical Building Code and 2022 California Fire Code, with certain exceptions, modifications and additi ons required by lo cal climatic , geological or topographical conditions; approving second reading by title only, and final adoption of the Ordinance to be in effect as of January 1, 2023; adoption of the building c ode is exemp t from CEQA pursuant to Section 15061(b)3 of the CEQA Guidelines also known as the “general rule” exemption, CEQA exempts activities that can b e seen with certainty to have no possibility for causing a significant effect on the environment.
Mayor opened the public hearing for public comments and the following persons spoke: Denis e Turley and Tommy Bolea.
BIALA/MEDINA DIRKSEN: TO OPEN PUBLIC HEARING, TAKING TESTIMONY FROM THE PUBLIC AND CONSIDER APPROVING ORDINANCE NO. 2022 -06, ADOPTING AND AMENDING TITLE 15 OF THE MARINA MUNICIPAL CODE TO ADOPT 2022 EDITIONS OF CALIFORNIA BUILDING STANDARDS CODES, SPECIFICALLY 2022 C ALIFORNIA BUILDING CODE, 2022 CALIFORNIA RESIDENTIAL CODE, 2022 CALIFORNIA ELECTRICAL CODE, 2022 CALIFORNIA MECH ANICAL CODE, 2022 CA LIFORNIA PLUMBING CODE, 2022 CALIFORNIA ENERGY CODE, 2022 CALIFORNIA GREEN BUILDING STANDARDS CODE, 2022 CALIFORNIA EXISTING BUILDING COD E, 2022 CALIFORNIA HISTORICAL BUILDING CODE AND 2022 CALIFORNIA FIRE CODE,
WITH CERTAIN EXCEPTIONS, MODIFICATIONS AND A DDITIONS REQUIRED BY LOCAL CLIMATIC, GEOLOGICAL OR TOPOGRAPHICAL CONDITIONS; APPROVING
SECOND READING BY TITLE ONLY, AND FIN AL ADOPTION OF THE ORDINANCE TO BE IN EFFECT AS OF JANUARY 1, 2023; ADOPTION OF THE BUILDING CODE IS EXEMPT FROM CEQA PURSUANT TO SECTION 15061(B)3 OF THE CEQA GUIDELINES ALSO KNOWN AS THE “GENERAL RULE” EXEMPTION, CEQA EXEMPTS ACTIVITIES
THAT CAN BE SEEN WITH CERTAINTY TO HAVE NO POSSIBILITY FOR CAUSING A SIGNIFICANT EFFECT ON THE ENVIRONMENT . 3-0-2(Burnett, Berkley)-0 Motion Passes by Roll Call Vote
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b. City Council op en public hearing , read by title only and waive further reading and approve the first reading of Ordinanc e 2022 -, approving amendments to the following Sections of Title 17 of the Marina Municipal Code (M MC): 17.04.212,
17.04.213, 17.04.69 8, 17.06.020, 17. 08.020, 17.12.020, 17.12.030, 17.16.020,
17.18.020, 17.20.020, 17.22.030, 17.22.050, 1 7.42.135, and 17.44 .030. These sections pertain to small and large family childcare homes, day care centers, supportive housing uses, and conditional use permits for mult i-family housing. The action is exempt from CEQA pursuant to Section 15061(b)(3) of th e CEQ A Guidelines.
Mayor opened the public hearing for public comments: No public comments were made BIALA/BERKLEY: T O OPEN PUBLIC HEARI NG, READ BY TITLE ONLY AND WAIVE FURTHER READING AND APPROVE THE FIRST READING OF ORDINANCE 2022 -, APPROVING AMENDMENTS TO T HE FOLLOWING S ECTIONS OF TITLE 17 OF THE MARINA MUNICIPA L CODE (MMC): 17.04.212, 17.04.213, 17.04.698, 17.06.020, 17.08.020,
17.12.020, 17.12.030, 17.16.020, 17.18.020, 17.20.020, 17.22.030, 17.22.050, 17.42.135, AND
17.44.030. THESE SECTIONS PERTAIN TO SM ALL AND LARGE FAMILY CHILDCARE
HOMES, DAY CARE CENTERS, SUPPORTIVE HOUSING USES, AND CONDITIONAL USE PERMITS FOR MULTI-FAMILY HOUSING. THE ACTION IS EXEMPT FROM CEQA PURSUANT TO SECTION 15061(B)(3) OF THE CEQA GUIDELINES . 4-0-1(Burnett)-0 Motion Passes by Roll Call Vote
c. City Council open public hearing and read by title on ly and waive further reading and approve the first reading of O rdinance 2022 -, approving an amendm ent to Section 17.12.060 of the Marina Municipal Code (MMC) pertaining to height limit s in the R-4 zoni ng district. The action is exempt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines.
Mayor opened the public hearing for public comments and the following person spoke: Tommy Bolea MEDINA DIRKSEN/DELGADO: TO OPEN PUBLIC HEARING AND R EAD BY T ITLE
ONLY AND WAIVE FURTHER READING AND APPROVE THE FIRST READING OF ORDINANCE 2022 -, APPROVING AN AMENDMENT TO SECTIO N 17.12.060 OF THE MARINA MUNICIPAL CODE (M MC) PERTAINING TO HEIGHT LIMITS IN THE R -4 ZONING DISTRICT. THE ACTION IS EXEMPT FROM CEQA PURS UANT TO SECTION 15061(B)(3) OF THE CEQA GUIDELINES. 4-0-1(Burnett)-0 Motion Passes by Roll Call Vote
d. City Council open public hearing, take testimony from the public, and consider approving or denying the modifications to remove the require d façade improvements and grant an extension of the site improvements in City Council Resolution No. 2020-65 to January 3, 2024, for the combined medical/adult cannabis d ispensary use at 3100 Del Monte Boulevard (APN 032-192-018-000). this project is exempt from CEQA per Article 19, Section 15301 (existing facilities).
Continued to December 6, 2022
10. OTHER ACTIONS ITE MS OF THE SU CCESSOR A GENCY TO THE FORMER MARINA REDEVELOPMENT AGENCY: Action listed for each Agenda item is that which is requested by s taff. The Successor Agency may, at its d iscretion, take action on any ite ms. Th e public is invited to approach the podium to provide up to four (4) minutes of public comment.
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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. 2022-137, authorizing the signing of a purchase order for $1,908,443.04 to pu rchase a Rosenbauer Quint Fire Truck; and direct staff to pay $4 64,689 for the chassis upon arrival at the Minnesota plant for a $18,555 discount on or about March of 2 024 which will redu ce the total purchase price to $1,8 89,888; and pay the balance of the $1,425,199 when the Truck is delivered and accepted by the Marina Fire Department on or about the fourth quarter of 2024; and authorize the Finance Director to make ne cessary accounting and budgetary entries.
MEDINA DIRKSEN/BIALA: TO ADOPT RESOLUTION NO. 2022-137, AUTHORIZING THE SIGNING OF A PURCHASE ORDER F OR $1,908,443.04 TO PURCHASE A ROSENBAUER QUINT FIRE TRUCK; AND DIRECT STAFF TO PAY $464,689 F OR THE CHASSIS UPON ARRIVAL AT THE MIN NESOTA PLANT FOR A $18,555 DISCOUNT ON OR ABOUT MARCH OF 2024 WHICH WILL REDUCE THE TOTAL PURCHASE PRICE TO $1,889,888; AND PAY THE BALANC E OF THE $1,425,199 WHEN THE TRUCK IS DELIVERED AND
ACCEPTED BY THE MARINA FIRE DEPARTMENT ON OR AB OUT THE FOURTH QUARTER OF 2024; AND AUTHORIZE THE FINANCE DIRECTOR TO MAKE NECESSARY ACCOUNTING AND BUDGETARY ENTRIES . 5 -0-0-0 Motion Passes by Roll Call Vote
Public Comments made by: Les Martin
b. City Council consider adopting Resolution No. 2022-138, which appeals and replaces Resolution No. 80 -71, as amended, Establishing the R ules and Procedures for the Conduct of Meetings and approving an Agenda format in substantially the same form.
BIALA/DELGADO: TO ADOPT RESOLUTION NO. 2022 -138, WHICH APPEALS AND REPLACES RESOLUTION NO . 80-71, AS AMENDED, ESTABLISHING THE RULES AND
PROCEDURES FOR THE CONDUCT OF MEETINGS AND APPROVING AN AGENDA FORMAT IN SUBSTANTIALLY THE SAME FORM. 5-0-0-0 Motion Passes by Roll Call Vote Public Comments made by: Brian McCarthy, Les Martina and Tommy Bolea
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 9:03 PM
Anita Sharp, Deputy City Clerk
ATTEST:
Bruce C. Delgado, Mayor