MINUTES
Wednesday, January 18, 2023 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 o f Government 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 determined in Resolution 2022-140, 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, 2023, or such time as the City Council may adopt 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 the City of Marina Channel and on the internet at https://accessmediaproductions.org/
1. CALL TO ORDER
2. ROLL CALL & ESTABLISH MENT OF QUORUM: (City Coun cil, Airport Commissioners, Marina Abrams B Non -Profit Corporation, Pr eston Park Sustainable Communities Nonprofit Corporation, Successor Agency of the Former Redevelopment Agency Members and Marina Groundwater Sustainability Agency)
MEMBERS PRESENT: Liesbeth Visscher , Brian McCarthy , Kathy Biala , Mayor Pro-Tem/Vice Chair Cristina Medina Dirksen, Mayor/Chair Bruce C. Delgado
3. PUBLIC COMMENT ON CLOSED SESSION ITEMS: None
4. CLOSED SESSION:
b. Real Property Negotiation (Govt. Code Section 54956.8) i. Property: Light and Motion, 711 Neeson Road, Building 535 (APN: 031-112-025) Negotiating Party: Daniel Emerson
Negotiator(s): City Manager
Terms: Price and Terms
c. Real Property Negotiation (Govt. Code Section 54956.8) ii. Property: City of Marina Corporation Yard, 2660 5th Avenue, Marina, CA Negotiating Party: Remleh Scherzinger, Marina Coast Water District Negotiator(s): City Manager
Terms: Price and Terms
MINUTES for City Council Meeting of Wednesday, January 18, 2023 Page 2
6:30 PM - RECONVENE OPEN SESSION AND REPOR T ON ANY ACTIONS TAKEN IN
CLOSED SESSION
Heidi Quinn, Interim City Attorney reported out Closed Session: Council met in C losed Session at 5:00pm with regard to the two items listed having to do with Real Property Neg otiations. In both item, Council received information, provided direction and no reportable action was taken.
5. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE (Please stand)
6. SPECIAL PRESENTATIONS: None
7. COUNCIL AND STAFF ANNOUNCEMENTS:
• Brian McMinn, PW Dir ector – Thursday, January 26 th from 2:00-5:00 PM will be an outreach/open house meeting on the Dunes Park and Glorya Jean Tate Park at the Sports Center, corner of 2nd Ave and 9th Street. Second opportunity to weigh in will be at 6:00pm at the Marina Council Chambers.
• Layne Long, City Manager – On Wednesday, January 25, 2023, at 7:00pm is the Joint City Council & Planning Commission Study Session for the General Plan Process Kick-off.
Announced our annual budget retreat will take place sometime in March, tentative dates will be sent out to council soon.
• Council Member Visscher – Announced MST will offer public community meetings to consider adoption of CEQA Exemptions for the Surf Busway and Bus Rapid Transit project on Monday, February 13, 2023 at 5:00pm in the Marina Library. Two more meetings will be held on February 14th and 15th at 5:00pm at the Boy & Girls Club in Seaside. • Mayor Delgado – Thanked everyone that attended the MLK Sculpture Garden groundbreaking on Monday, January 16th. Special thanks to Michaelle Mowery in our Public Works department for working with Council Member Medina Dirksen on this project. • Mayor Pro Tem Medina Dirksen – Announced that the Handcars along Del Monte are back in operations this weekend . To make rese rvations go to their websi te: hand car.com.
Thanked the public works department for their help in setting up for the MLK event. Shout- out to Myra Marrow, Marina High School student for an incredible speech.
8. PUBLIC COMMENT: Any member of the public may comment on an y matter within the City Council’s jurisd iction that is no t on the a genda. This is the appro priate place to comment on items on the Consent Ag enda. Action will not be taken on items not on th e agenda. Comments are limited to a maximum of three (3) minutes. General public comment may be limited to thirty (30) minutes and/or continued to the end of the agenda. 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 . Whenever pos sible, written correspondence should be submitted to the C ouncil in advance of the meeting, to pro vide adequate time for its consideration.
• Grace Silva-Santella – Reminded Council, staff and the community that on S unday, January 22, 2023 at 2:00pm at the Marina Library will be the Celebration of Life for Mike Owen .
Everyone is invited to come and share your stories and memories of Mike. • Ana Acosta – Announced that Coffee Mia Brew Bar & Café became the second Blue Zones approved restaurant in Marina. Invited the council and p ublic to a Blue Z one’s Winter Wellness Family Fun event being held on January 21 st starting at 10 :00 am at the Marina Library.
MINUTES for City Council Meeting of Wednesday, January 18, 2023 Page 3
• Alistair Rodd – Supports agenda item 10f(3) , the renaming of the landmark trees a long Beach Road.
• Greg Furey – Encouraged the Council to reconvene at some point in the near future in council chambers for the meetings . Commente d on how long the meetings run and losing public participation. A sked attorney if mayor commenting on proposed proponent ’s cardroom presentation made earlier in the month violated the Brown Act. • Nancy Amadeo – Supports agenda item 10f(3) for the renamin g of the landmark trees along Beach Road.
• Margaret Davis – Asked for an update on Chaparral and the Marina Equest rian Center.
Asked if the rumors were t rue about the city giving land to the M arina Equestrian Association for boarding horses.
• Tommy Bolea – Commented on the Zoom clock during the meetings. Commented on use of the property next door to City Hall or just fixing our current buildings.
9. CONSENT AGENDA FOR THE SUCCE SSOR AGENCY TO THE FORME R MARINA REDEVELOPMENT AGENCY: Background information has been provided to the Successor Agency of the f ormer Redevelopment Agency on all matters listed under th e Consent Agenda, and t hese items are consid ered to be routine and non-controversial. All item s under the Consent Agenda are normally approved by one moti on. 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 item and staff may provide a response. If discussion or a lengthy explanation is required, the Council may remove an item from the Consent Agenda for individual 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 rou tine and non-controversial. All items under the Consent Agenda may be approved by one motion. Prior t o such a motion being made, any member of City Council may ask a question or make a comment about an agenda item and staff may provide a response. If discussion or a lengthy explanation is required, 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) Accounts Payable Check Numbers 101400-101589, totaling $2,646,971.02. b. MINUTES: (Not a Project under CEQA per Article 20, Section 15378) (1) December 20, 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: (Not a Project under CEQA per Article 20, Section 15378) (1) Adopting Resolution No. 202 3-01, regarding the Ralph M. Brown Act (California Government Code §§54950-54963, making certain findings; and authorizing t he city to continue to i mplement r emote teleconferenced public meetings of the City Council and its constituent bodies for the period January 20, 2023, through February 18, 2023.
MINUTES for City Council Meeting of Wednesday, January 18, 2023 Page 4
(2) Adopting Resolution No. 2023-02, authorize the City Manager to apply for the Permanent Local Housing Allocation (PLHA) Grant as administered by the State Department of Housing and Community Development (State HCD). and to authorize the finance director to make appropriate budgetary amendments to budget.
(3) Adopting Resolution No. 2023-03, authorizing the changing of the name of the “Designated Avenue of Landmark Trees 1996” signs along Beach Road to now read “Mike Owen Avenue of Landmark Trees 1996”. (4) Adopting Resolution No. 2023 -04, approving consent to the City o f Monterey to renew the Mont erey County Tourism Improvement District (MCTID) and include the City of Marina in the MCTID.
(5) Adopting Resolution No. 2023-05, a pproving the allocation of an Administrative Analyst II position at the Marina Municipal Airport; and, authorizing the City Mana ger to make necessary adjustments to the City’s classification and compensation plan.
(6) Adopting Resolution No. 2023 -06, approving a Financial Analyst classification and sal ary schedule; and, authorizing the City Manager to make necessary adjustments to the City’s classification and compensation plans.
g. APPROVAL OF AGREEMENTS: (Not a Project under CEQA per Article 20, Section 15378) 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) Appointing to Pl anning Commission: Glenn Woodson, Surinder Rana, Hyunsoo Hur and Victor Jacobsen. 4-seats expiring February 2025.
Mayor Pro Tem Medina Dirksen had questions for agenda item 10f(4). Item pulled for discussion. To be heard prior to all public hearing items Council Members McCarthy and Biala made comments on agenda item 10f(3) Council Member Visscher made comments on agenda items 10f (2) and 10f(3) and questions for 10f(5) and 10f(6)
BIALA/VISSCHER: TO APPROVE THE CONSENT AGENDA M INUS 10f(4) . 5 -0-0-0 Motion Passes by Roll Call Vote
BIALA/DELGADO: TO ADOPT RESOLUTION NO. 2023 -04, APPROVING CONSENT
TO THE CITY OF MONTEREY TO RENEW THE MONTEREY COUNTY TOURISM
IMPROVEMENT DISTRICT (MCTID) AND INCLUDE THE CITY OF MARINA IN THE MCTID. 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 given up to ten (10) minutes to speak. All oth er persons may be given up to three (3) minutes to speak on the matter.
a. Open a p ublic hearing and consider adoption of an ordinanc e establishing an affordable ho using overlay, a m itigated negative declarat ion and a corresponding general plan amendment.
Mayor Delgado opened the public hearing for public comments. • Denise Turley – Asked how a half a parking space is calculated and why no handicap parking is mentioned? A sked how many 15% set-a-side low-income development are in Mari na or already exist? Does fire department have a say on height requirements based on what fire equipment they own?
• Gabriel Sanders – Thanked staff for taking Landwatch’s comments into consideration on this project. Plan looks great and hopes that similar plans or additional sites, are used for the 6 th cycle. Commented on AB2011.
• Adam Pinterits – Thanked Council for their thoughtful questions, and staff and consultants for their hard work on preparing this. Commented on the current affordable housing crisis and stated 15% of something is better than nothing.
• Jeff Markham – Asked i n th e implementation of the HAO what has been done regarding deferring or re ducing permit fees and impact fees ? Commented on the Downtown Revitalization Plan finalization and asked when it would finally be approved. • Nancy Amadeo – Stated that Marina has a few 100 % affordable housing project in Marina .
Noted this is about taking a development project that might not have had any affordable housing in it and getting affordable housing into them to help our RHNA numbers and Housing Element.
• Grace Silva-Santella – Clarified the date of the Downtown Vitalization Plan being 2019, not 2011.
• Francisco Covarrubias – property owners of one of the 23 identified parcels. And what would be if you could label , towards the end, would be the incentivized fees or permit process ? Would it be on design?
• Tommy Bolea – Asked if the 23 project areas would be working with Section 8, CHISPA or HUD? Asked about sizes of each project area and affordability time periods.
Mayor Delgado closed the public hearing.
MCCARTHY/MEDINA DIRKSEN: CONSIDER AND AP PROVE THE MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM; ADOPT AN ORDINANCE ESTABLISHING AN AFFORDABLE HOUSING O VERLAY (AHO); AND ADOPT A GENERAL PLAN AMENDMENT (GPA) TO SECTION 2.28 OF THE MARINA GENERAL PLAN TO IMPLEMENT THE AHO; CITY STAFF SHALL BE
DIRECTED TO PREPARE AN OBJECTIVE STANDARD FOR PATIOS AND TO
ENSURE THE COLORS OF PROJECTS ARE CONSISTENT WITH CITY O F MARINA DESIGN GUIDELIN ES; AND CITY STAFF SHALL FURTHER EVALUATE ADDITIONAL OBJECTIVE STANDARDS BE EVALUATED IN THE NEAR TER M. 5- 0-0-0 Motion Passes by Roll Call Vote
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b. Amending Title 17 (Zoning Ordina nce) of the Marina Municipal Code and add Section 2.37. 1 to the General Plan i n response to Senate Bill 478. Thi s state law encourages the adoption of policies that support missing middle housing projects. The proposed amendm ents are exempt from CEQA per Section 15061(b)(3) of the CEQA Guidelines. Continued to February 7, 2023 c. Amending Marina Municipal Code ( MMC) Chapter 5.32 (C ardrooms) to modify the criteria for the transfer of ca rdroom permits pursuant to MMC
5.32.090 and to amend MMC Sections 5.32.102 to remove the moratorium on new cardroom permits and 5.3 2.106 to clarify no more than two cardroom permits. The proposed amend ments are exempt from environmental review per Section 15060(c)(2) of the CEQA Guidelines.
Mayor Delgado opened up the public hearing for comments:
The following persons spoke in opposi tion of this item: Mike M oeller, Anna Russell Rudo lph, Hans Ongchua, Nancy Amadeo, Greg Simmons, Linda Sander, John Sanders, Denise Turley, Frank Calamia, Grace Silva-Santella, Jeff Markham, Mike Kennedy, Tommy Bolea, Greg Furey, Nancy Fortman
The following persons spoke in favor of this item: Paul Bruno, Paul Manuel
Medina Dirksen/Delgado: that we postpone the decision until more information is obtaine d specifically: Background information on cases from the state gaming commission that were major violations against the applicant; Putting wager limits on card rooms in the City of Marina.
Mayor Pro Tem Medina Dirksen withdrew her motion.
BIALA/VISSCHER: THAT T HE PROPOSED AMENDMENTS ARE EXEMPT FROM ENVIRONMENTAL REVIEW PER SECTION 15060(C)(2) OF THE CEQA GUIDELINES; THAT WE READ BY TITLE ONLY, WAIVE FURTHER READING, AND APPROVE THE FIRST READING OF ORDINANCE 2023 -, APPROVING AMENDMENTS TO TITLE 5 OF THE MARINA MUNICIPAL CODE (MMC) BY MODIFYING SECTION 5.32.090 TO CLARIFY THE ASSIGNMENT OF CARDROOM PERMITS AND AMEND MMC SECTION 5.32.102 TO REMOVE THE LOCAL MORATORIUM ON NEW CARDROOM PERMITS AND SECTION 5.32.106 TO CLARIFY A MAXIMUM OF T WO (2) CARDROOM PERMITS IN THE CITY OF MARINA; AND DIRE CT STAFF TO PREPARE A ZONING TEXT AMENDMENT TO
IDENTIFY ZONING DISTRICT OR DISTRICTS TO ALLOW CARDROOMS TO BE LOCATED IN TITLE 17 (ZONING CODE) OF THE MARINA MUNICIPAL CODE
WITH A REFERRAL TO THE P LANNING COMMISSION FOR REVIEW AND STUDY. 3-2(McCarthy, Medina Dirksen)-0-0 Motion Passes by Roll Call Vote Substitute Motion
McCarthy/Medina Dirksen: that we take no action and come back in 18-24 months and place this on the November 2024 ballot. 2-3(Visscher, Biala, Delgado) -0-0 Substitute Motion Fails
12. OTHER ACTIONS ITEMS OF THE SUCCESSOR AG ENCY TO THE FORMER MARINA REDEVELOPMENT A GENCY: Action listed for each Agenda item is that which is requested by staff. The Successor Agency may, at its discretion, take action on any items. Members of the public may be given up to three (3) minutes to speak.
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13. OTHER ACTION ITEMS: Action listed for each Agenda item is that which is requested by staff. The City Council may, at its discretion, ta ke action on any items. Members of the public may be given up to three (3) minutes to speak.
Note: No additional major projects or programs should be unde rtaken without review of the impacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). a. Discuss the pros and cons of including City Council members or City Council recommended members to the Community Panel that will interview police chief ca ndidates; and d iscuss other aspects of the hiring process if City Council has other ideas ; and p rovide staff with any further direction in the matter. Continued to February 7, 2023
b. Discuss for not more than 30 minutes any projects from the below project list and p rovide staff with any further direction in the matter . Continued to February 7, 2023
14. COUNCIL & STAFF INFORMATIONAL REPORTS:
a. Monterey County Mayor’s Association [Mayor Bruce Delgado] b. Council rep orts on meetings and conferences attended (Gov’t Code S ection 53232).
15. ADJOURNMENT: The meeting adjourned at 1:02 A.M.
Anita Sharp, Deputy City Clerk
ATTEST:
Bruce Delgado, Mayor