MINUTES
Tuesday, December 6, 2022 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 Government Code §8625 relat ed 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 determined in Resolution 2022-134, 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 adopt a res olution 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 the City of Marina Channel and on the internet at https://accessmediaproductions.org/
1. CALL TO ORDER
2. ROLL CALL & ESTABLISHM ENT OF QUORUM: (City Council, Airport Commissioners, Marina Abrams B N on-Profit Corporation, Preston Park Sustainable Communities Nonprofit Corporation, Successor Agency of the Former R edevelopment Agency Members and Marina Groundwater Sustainability Agency)
MEMBERS PRESENT: Cristina Medina Dirksen, David Burnett, Lis a Berk ley, Mayor Pro-Tem/Vice Chair Kathy Biala, Mayor/Chair Bruce C. Delgado
3. CLOSED SESSION PUBLIC COMMENT: None
4. CLOSED SESSION: None
5. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE (Please stand)
6. SPECIAL PRESENTATIONS:
a. Consider adopting Resolution No. 20 22-139, canvassing the November 8, 2022, General Municipal Election of the City of Marina.
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BURNETT/MEDINA DIRKSEN: TO A PPROVE RESOLUTION NO. 2022 -139, CANVASSING THE NOVEMBER 8, 2022, GENERAL MUNICIPAL ELECTION OF THE CITY OF MARINA. 5-0-0-0 Motion Passes by Roll Call Vote b. Swearing-in of District 1 City Council Member-Elect Brian McCarthy c. Swearing-in of District 4 City Council Member-Elect Liesbeth Visscher d. Swearing In of Mayor-Elect Bruce C. Delgado
ROLL CALL & RE-ESTABLISHMENT OF QUORUM: (City Council, Airport Commissioners, Marina Abrams B Non -Profit Corporation, Preston Park Sustainable Communities Nonprofit Corporation, Successor Agency of the Former Redevelopment Agency Members and Marina Groundwater Sustainability Agency)
MEMBERS PRESENT: Brian McCarthy, Lies beth Visscher, Cristina Medina Dirksen, Mayor Pro-Tem/Vice Chair, Kathy Biala, Mayor/Chair, Bruce Delgado
7. COUNCIL AND STAFF ANNOUNCEMENTS:
• Matt Mogensen – Announced Public Outreach meetings on the City-wide Incidental Take Permit for San Gilia on December 12, 2022 in our Council Chamber and then Virtual Special meeting on December 13, 2022.
• Council M ember Medina Dirksen – Attended the 2022 DART Symposium ; attended Tree Lighting Ceremony; commented on Santa traveling the streets of Marina • Mayor Delgado – Announced that we will be adjourning t onight’s meeting in ho nor of Michael Owen who passed away recently; announ ce on planting event at Hilltop Park December 10th at 10:00am.
• Layne Long – Thanked everyone who attended the Tree Li ghting Ceremony; reminded council and public that December 20th will be the last council meeting of the year.
8. PUBLIC COMMENT: Any member of the public may comment on any matter within the City Council’s jurisdiction that is not on the agenda. This is the appropriate place to comment on items on the Consent Agenda. Action will not be taken on item s not on the agenda. Comments are limited to a maximum of three (3) minutes. General public comment may be limited to thirty (30) mi nutes and/or continued to the end of the agenda . Any member of the public may comment on any matter listed on this agenda a t the time the matter i s being considered by the City Council. Whenever possible, written correspondence should be submitted to the Council in advance of the meeting, to provide adequate time for its consideration. • Lisa Berkley – Thanked the public for allowing her the opportunity to be of service , it’s a humbling experience. Commented on Mike Owen’s passing and the celebration of life taking place January 22, 2023, at the Marina Library Community Room. • Paula Pelot – Representing the Ingram Housing Fund and provided the public with an annual financial update on program.
• Barbara – Expressed c oncerns about the proposed destination park for the Sea Haven Development. Sent letter to city manager and hop ing to get a response . What are the next steps?
• Denise Turley – Comments on alwa ys being muted whe n its time to talk. Felt like she was being dismissed.
• Tom Moore – Spoke about the sudden passing of Mike Owen and the dedication to the city and preserving mature trees in the city. Encouraged city to honor Mike by naming the row of MINUTES for City Council Meeting of Tuesday, December 6, 2022 Page 3
Eucalyptus Trees, which he helped both Preserve and be Noted, as A Landmark Group of Trees along Beach Avenue.
• Nancy Amadeo – Spoke about the passing of Michael Owen and his dedication to the trees in Marina. Showed a presentation of Mike Owen.
• Grace Silva-Santella – Commented on the passing of Michael Owen and his dedication to the trees in Marina. Announced a Celebration of Life to be held at the Ma rina Library on January 22nd at 2:00pm.
• Dana Cleary – Spoke about t he passing of Micha el Owen and the first time she met Mik e back in the 1996.
• Gaely Jabalowsky – Thanked the outgoing Council Mem ber. Spoke about Mic hael Owen and the history he ha d with tree preservation and planting along the h ighway and off ramps.
Asked council to consider naming the grove of Eucalyptus trees along Beach Ro ad in honor and memory of Mike Owen.
• Karen Andersen – Spoke about Mike Owen and his passing. Congratulated the new members of the City Council and Mayor Delgado for another 4-years. • Aaron Johnson – Commented about the First Tee Monter ey County program in S alians which serves about 10,000 kids per year. Opened an office in King City and now looking to forward to bring this back to the peninsula.
• Francine Rodd – Spoke about Candy and Mike O wen and what it was like be neighbors .
Noted Mike had a passi on for protecting trees in Marina. Sugge sted nam ing one of the parklet in the new development area in hi honor.
• Justin Noor – Spoke about the continued flooding that takes place on Marina Drive when storms come around. Asked if there i s something that can be done to correct the drainage system on that road and fill the many potholes.
• Greg Furey – Congratulated the new incoming council members, has hopes McCarthy would run for county supervisor in t he future. Spoke about Micha el and Candy Owen and th e dedication and contributions to Marina.
• Tommy Bolea – Welcomed the new council members. Spoke briefly about Mike Owen and his dedication to the preservation of trees. Commented on the Co astal Commission ’s decision on the CalAm Desal Plant.
• Steve Roland – Spoke about being neighbors with Mike Owen.
9. CONSENT AGENDA FOR THE SUCCESSOR AGENCY T O THE FORMER MARINA REDEVELOPMENT AGENCY: Background information has been provided to the Successor Agenc y of the former Redevelopment Agency on all matters liste d under the Consent Agenda, and these items a re considered to be routine and non-controversial. 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 City Council may ask a question or make a comment about an agenda ite m and staff may provide a response. If discussi on or a lengthy explana tion is required, the Council may remove an item from the Consent Agenda for indivi dual consideration. If an item is pulled for discussion, it will be placed at the end of Other Action Items Successor Agency to the former Marina Redevelopment Agency.
10. CONSENT AGENDA: These items are considered to be routine and non-controversial. All items under the Consent Agenda may be approved by one motion. Prior to such a motion being made, any mem ber of City Council may ask a question or make a comment about an agend a item and staff may provide a response. If discussion or a lengthy explanation is required, MINUTES for City Council Meeting of Tuesday, December 6, 2022 Page 4
Council may remove the item from the Consent Agenda and it will be placed at the end of Other Action Items.
a. ACCOUNTS PAYABLE: (Not a Project under CEQA per Article 20, Section 15378) (1) Check Numbers 101194-101320, totaling $2,325,896.14 Successor Agency Accounts Payable Check Number 101, totaling $10,619.19 b. MINUTES: (Not a Project under CEQA per Article 20, Section 15378) (1) November 1, 2022, Regular City Council Meeting
(2) November 15, 2022, Regular City Council Meeting
c. CLAIMS AGAINST THE CITY:
(1) Consider Rejection of Cl aim - claimant Utako Asbury for a claim received on November 28, 2022.
d. AWARD OF BID: None
e. CALL FOR BIDS: None
f. ADOPTION OF RESOLUTIONS:
(1) Adopting Resolution No. 2022 -140, regarding the Ralph M. Brown Act (Govt Code §§54950 -54963, making certa in findings; an d authorizin g the City to continue to i mplement remo te teleconferenced public meetin gs for the period December 21, 2022, through January 19, 2023. (2) Adopting Resolution No. 2022 -141, approving regular Ci ty Council meeting schedule for 2023 Calendar Year.
(3) Adopting Resolution No. 2022-142, approving a Property and Evidence Technician classification and Salary Schedule.
(4) Adopting Resolution N o. 2022 -143, approving a Human Re sources Director classification and salary schedule; and, authorizing the City Manager to make necessary adjust ments to the City’s classifica tion and compensation plans.
g. APPROVAL OF AGREEMENTS:
(1) Adopting Resolution No. 2022 -144, a pproving Amendment No. 2 to the Lease Agreement between the City of Marina and Joby Aero Inc for expanded lease spa ce at 761 Neeson Roa d ( Building 52 4) at the Marina Municipal Airport.
(2) Adopting Resolution No. 2022-145, and Resolution No. 2022 -02 (NPC), approving Amendment No. 4 to extend for one year the Amended Management Agreement Between City of Marina, City o f Marina Abrams B Non -Profit Corporation, and Greystar Cal ifornia, Inc. f or Abrams B Housing Area; AND Adopting Resolution No. 2022 -146 and Resolution No. 2022-02 (PPSC-NPC), approving Amendment No. 4 to extend for one year the Amended Management Agreement Betwe en City of Marina, City of Mari na Prest on Par k Susta inable Community Non -Profit Corp oration, and Greystar California, Inc. for Preston Park Housing Area approval by the City Attorney/Non-Profit Corporation Legal Counsel.
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(3) Adopting Resolution No. 2022 -147, approving an A greement for Professional Restoration & Cleaning Services between the City of Marina and Belfor U SA Group, Inc for the City owned building located at 32 00 Imjin Road (Building 507) at the Marina Municipal Airport. (4) Adopting Resolution No. 2022 -148, authorizing the Ci ty Manager to execute a Side Letter Agreement to the Memorandum of Understanding between the City of Marina and the Management Employees Association of Marina (MMEA); and authorizing adjustments to the City’s Salary Schedule and Compensation Plan.
(5) Adopting Resolution No. 2022-149, approving the agreement between the City of Marina and Environmental Innovations, to provide on-call professional services for solid waste management; and authorizing budget allocation and appropriation from the General Fund in th e amount of $25,000 for FY22-23.
h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
i. MAPS: None
j. REPORTS: (RECEIVE AND FILE):
(1) Adopting Resolution No. 2022 -150, receiving and filing the fiscal year 2021-2022 annual report on the collection and us e of mitigation fees fo r new development impacts.
(2) Adopting Resolution No. 2022 -151, receiving and filing the 2022 Information Report on the adjustment of mitigation fees for new development.
k. FUNDING & BUDGET MATTERS: None
l. APPROVE ORDINANCES (WAIVE SECOND READING):
(1) Read by title only and waive f urther readi ng and approve Ordinance 2022-07, approving amendments to Title 17 of the Marina Municipal Code (MMC) pertaining to small and large family childcare h omes, day care centers, sup portive housing uses, and c onditional use permits for multi-family housing. The action i s exempt from CEQA purs uant to Section 15061(b)(3) of the CEQA Guidelines.
(2) Read by title only and waive further reading and approve Ordinance 2022-08, approving an amendm ent to Section 17.12.060 of the MMC) pertaining to height limits in the R-4 zoning district. The action is ex empt from CEQA pursuant to Section 15061(b)(3) of the CEQA Guidelines. m. APPROVE APPOINTMENTS: None
Council Member McCarthy stated that he needed to recuse himself from agenda item 10g(1) MEDINA DIRKSEN/BIALA: TO APPROVE THE CONSENT AGENDA AND NOTING THAT COUNCIL MEMBER M cCARTHY RECU SED HIMSELF FROM AGENDA ITEM 10g(1). 5-0-0-0 Motion Passes by Roll Call Vote
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11. PUBLIC HEARINGS: In the Council’s discretion, the applicant/proponent of an item may be give n up to ten (10) minutes to spe ak. All o ther persons may be given up to three (3) minutes to speak on the matter.
a. Consider modifications to remove the required façade improvements an d grant an extension of the s ite improvements in City Council Resolution No. 2020-65 to J anuary 3, 2024 , f or the combined medical/adult ca nnabis dispensary 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 from November 15, 2022
Public Comments made by Cesar Lara, Jeff Markham and Benjamin Silver supporting this item.
Medina Dirksen/Delgado: to grant an extension until, June, first, 2 023, with the Caveat, that the applicant works with Marina, Tree and Garden, or a local organization to come up with a Landscaping, plan and Curb Parking and Facade, Improvements, by that Deadline . 2-3(McCarthy, Biala, Delgado)-0-0 Motion Fails by Roll Call Vote
MCCARTHY/BIALA: THAT THE APPLICANT AND THE CITY WILL AGREE TO A SIXTY (60) DAY TOLL ING AGREEMENT TO WORK OUT THE FOLLOWING ISSUES: A COST ESTIMATE FOR THE CARMEL AVENUE IMPROVEMENTS PER COA #6, FAÇADE IMPROVEMENTS, A PUBLICLY APPROVED MURAL AND DEL
MONTE AVENUE I MPROVEMENTS PURSUANT TO CONDITION OF
APPROVAL (COA#6). CI TY STAFF WILL BRING BACK THIS AG REEMENT TO THE CITY COUNCIL BY NO LATER THAN FEBRUARY 7, 2023. 5-0-0-0 Motion Passes by Roll Call Vote
12. OTHER ACTIONS ITEMS OF T HE SUCCES SOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENCY: Action listed for each Agenda it em is that which is requested by staff. The Successor Ag ency may, at its discretion, take action on any items. Members of the public may be given up to three (3) minutes to speak.
13. OTHER ACTION ITEM S: Action listed for each Agenda item is that which is re quested by staff. The City Coun cil may, at its discretio n, take action on any items. Members of the public may be given up to three (3) minutes to speak.
Note: No addit ional major projects or progr ams sh ould be undertaken without review of the impacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). a. Adopting Resolution No. 2022-152, authorizing the City Manager to execute a Side Letter Agreement to the Memorandum of Understanding between the City of Marina and the Marina Directors, and authorizing adjustments to the City’ s Salary Schedule and Compensation Plan.
BIALA/MEDINA DIRKSEN: TO APPROVE RESOLUTION NO. 2022 -152,
AUTHORIZING THE CITY MANAGER TO EXECUTE A SIDE LETTER
AGREEMENT TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE
CITY OF MARINA AND THE MARINA DIR ECTORS, AND AUTHO RIZING ADJUSTMENTS TO THE CITY’S SALARY SCHEDULE AND COMPENSATION PLAN. 5-0-0-0 Motion Passes by Roll Call Vote
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b. Adopting Resolution No. 2022 -153, authorizing execution of Employee Contract Amendment No. 2 with Layn e Lon g, City Manager ; authorizing adjustments to the City’s Salary Schedule and Compensation Plan.
BIALA/VISSCHER: TO APPROVE RESOLUTION NO. 2022 -153, AUTHORIZING EXECUTION OF EMPL OYEE CONTRACT AMENDMENT NO. 2 WITH LAYNE LONG, CITY MANAGER; AUTHORIZING ADJUSTMENTS TO THE CITY’S SALARY SCHEDULE AND COMPENSATION PLAN. 5-0-0-0 Motion Passes by Roll Call Vote
14. COUNCIL & STAFF INFORMATIONAL REPORTS:
a. Monterey County Mayor’s Association [Mayor Bruce Delgado] b. Council reports on meetings and conferences attended ( Gov’t Code Section 53232).
15. ADJOURNMENT: The meeting adjourned at 11:15 in memory of Michael Owen
Anita Sharp, Deputy City Clerk
ATTEST:
Bruce C. Delgado, Mayor