MINUTES
Wednesday, February 22, 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 News om on March 4, 2020, under the provisions of 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 determ ined in Resolution 2023-07, 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 a ccordance 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 & ESTABLIS HMENT 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 Dirks en (Remote), Mayor/Chair Bruce C.
Delgado
3. PUBLIC COMMENT ON CLOSED SESSION: None
4. CLOSED SESSION:
a. 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
MINUTES for City Council Meeting of Wednesday, February 22, 2023 Page 2
ii. Property: Desert Star Systems, 3261 Imjin Road, Marina, CA Negotiating Party: Marco Flagg
Negotiator(s): City Manager
Terms: Price and Terms
iii. Property: Las Animas Concrete, LLC, 499 Ninth Street, Marina, CA Negotiating Party: Bart and Paula Bruno
Negotiator(s): City Manager
Terms: Price and Terms
iv. Property: 3200-C, Imjin Road, Marina, CA, designated as a portion of APN: 031-112-001-000
Negotiating Party: Joby Aero Inc.
Negotiator(s): City Manager
Terms: Price and Terms
v. Property: Commercial property at southeast corner of Del Monte Blvd. and Palm Avenue (APN 032-303-038)
Negotiating Party: George Powell
Negotiator(s): City Manager
Terms: Price and Terms
b. Public Employment Appointment (Govt. Code Section 54957(b)(1):
Position: City Attorney
6:30 PM - RECONVENE OPEN SESSION AND REPO RT ON ANY ACTIONS TAKEN IN
CLOSED SESSION
Heidi Quinn, Interim City Attorney reported out Closed Session: Council met at 5:00 pm in Closed Session on several items. We met on one item 3a, Public Employee Appointment, City Attorney; also the council met on 3b(i) Cypress Knolls Property and 3b( iv) which is the Imjin Road property. As to those items direction was provided to staff, but no reportable action was taken. There was two item council did not discuss tonight and those items are 3b(ii) and 3b(iii).
5. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE (Please stand)
6. SPECIAL PRESENTATIONS:
a. Certificate of Appreciation, Eduardo Bernal-Samaro
b. Wreaths Across America Mobile Education Exhibit Proclamation
7. COUNCIL AND STAFF ANNOUNCEMENTS:
Council Member McCarthy – Attended graduation ceremony at the Defense Language Institute Mayor Pro Tem Medina Dirksen – Announced Friends of the Marina L ibrary will be having a book sale on March 3-5, 2023. Thanked the Public Works Department of Police Department for their quick responses on the storm and wind damage. Announced the Marina High School Boys Basketball team made it the to playoffs.
Mayor Delgado – Also commented on Marina High School’s Boys Basketball team going to the playoffs. Announced on February 25 th will be the last planning event for the Fort Ord National Monument from 10:00 am-1:00pm. Comment ed on the recent tagging of a wall a t Vince DiMaggio Park and the support of the community and city staff to get it cleaned up.
MINUTES for City Council Meeting of Wednesday, February 22, 2023 Page 3
8. PUBLIC COMMENT: Any member of the public may comment on any matter within the City Council’s jurisdiction that is no t on the agenda. This is the appro priate pla ce to comment on items on the Consent Age nda. Action will not be taken on items not o n the 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 th e time the matter is being considered by the City Council . Whenever possible, written correspondence shou ld be submitted to the C ouncil in advanc e of the meeting, to provide adequate time for its consideration.
• Grace S ilva-Santella – Informed council that the AV system at the Marina Library Community Room is nearing completion and a final walkthrough will be done on February 28th. On March 11th Friends of the Marina Library will have its first film scheduled and has a six-part art History series, with local Marina residents. They are hoping to have at least three films a month. Thanked the C ity Council for their vote on the cardroom and maintaining the moratorium. Sp oke about the importance of adopting the Downtown Vitalization Specific Plan.
• Jeff Mar kham – Would like to see a sta nding discussion on exparte disclosures on the Council agendas as a form of transparency. Spoke on the council decision at the last council meeting on the cardroom ordinance. Spoke about the Downtown Vitalization Specific Plan adoption prior to any further discussion on cardrooms.
• Doug Yount – Happy to host Wreath s Across America Mobile Education Exhibit trailer, it’s a great program and thanked Kathy Imamura and all those involved in bring this to Marina.
Announced that Brass Tap Restaurant will begin construction soon and a ground breaking ceremony in March.
• Carrie Burley – Spoke about The Dunes projects going on and no follow -ups on the m for better transparency. Spoke about no sports being bro ught up and pointed out that baseball and softball had a very successfu l free training for any youth s. Believes the Pony Baseball Board should be recognized for their efforts.
• Valey Mathews – Spoke about Pony Baseball/Softball camps and the need to keep the current fields maintained. Noted Mari na needs mo re ball fields to accommodate the large growing youth sport.
9. CONSENT AGENDA FOR THE SUCCESSOR AGENCY TO TH E FO RMER MARINA REDEVELOPMENT AGENCY: Background information has been provided to the Successor Agency o f the former Redevelopment Agency on all matters listed under the Consent Ag enda, and these items are considered to be routine and non -controversial. A ll 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 mak e a comment about an agenda item and staff may provide a response. If discussion o r a lengthy explanation is required, the Council may remove an item from the Consent Agenda for individual consideration. If an i tem is p ulled for dis cussion, it will be placed at t he end of Other Action Items Successor Agency to the former Marina Redevelopment Agency.
10. CONSENT AGENDA: These items are considere d 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, a ny member of City Council may ask a question or make a com ment about an agenda item and staff may provide a respon se. 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.
MINUTES for City Council Meeting of Wednesday, February 22, 2023 Page 4
a. ACCOUNTS PAYABLE: (Not a Project under CEQA per Article 20, Section 15378) (1) Accounts Payable Check Numbers 101724-101796, totaling $1,162,824.58.
Successor Agency Accounts Payable Check Number 104, totaling $4,940.00. b. MINUTES: (Not a Project under CEQA per Article 20, Section 15378) (1) February 7, 2023, Regular City Council Meeting
c. CLAIMS AGAINST THE CITY: None
d. AWARD OF BID: None
e. CALL FOR BIDS: None
f. ADOPTION OF RESOLUTIONS:
(1) Adopting Resolution No. 202 3-14, ordering the City Engineer to prepare and to file a report related to maintenance of the Cypress Cove II Landscape Maintenance Assessment District for Fiscal Year 2023-2024. (2) Adopting Resolution N o. 2023 -15, ordering the C ity Engineer to prepare and to file a report rel ated to mai ntenance of the Seabreeze Landscape Maintenance Assessment District for Fiscal Year 2023-2024. (3) Adopting Resolution No. 2 023-16, ordering the City Engineer to prepare and to file a report related to m aintenance of t he Monterey Bay Estates Lightin g and Landscape Maintenance Assessment District for Fiscal Year 2023-2024.
g. APPROVAL OF AGREEMENTS:
(1) Adopting Resolution No. 2 023-17, approving an A greement for Professional Restoration & Cleaning Ser vices between the City of Marina and ATI Restoration, LLC. for the City owned building located at 3200 Imjin Road (Building 507) at the Marina Municipal Airport (2) Adopting Resolution No. 2023 -18, approving an Amendment to the Lease Agreement between City of Marina and DISH Wireless, LLC., for the cell si te located at 761 Neeson Road, Building 5 24, at the Marina Municipal Airport.
h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
i. MAPS: None
j. REPORTS: (RECEIVE AND FILE):
(1) Consider receiving Investment Reports for the City of Marina, City of Marina as Successor Agency to the Marina Redevelopment Agency, and Preston Park Sustainable Community Non -Profit Corporation (PPSC - NPC) for the quarter ended December 31, 2022.
k. FUNDING & BUDGET MATTERS: None
MINUTES for City Council Meeting of Wednesday, February 22, 2023 Page 5
l. APPROVE ORDINANCES (WAIVE SECOND READING):
(1) Read by Titl e O nly and adopting Ordinance N o. 202 3-02, approving amending Title 17 (Zon ing Or dinance) of the Marina Municipal Code and add Se ction 2.37.1 to the General Plan in response to Senate Bill 478. Thi s state law encourages the ado ption of polic ies th at support missing middle housing projects. The proposed amendments are exempt from CEQA per Section 15061(b)(3) of the CEQA Guidelines. m. APPROVE APPOINTMENTS: None
DELGADO/BIALA: TO APPROVE THE CONSENT AGENDA . 5 -0-0-0 MOTION
PASSES BY ROLL CALL VOTE
11. PUBLIC HEARINGS: In the Council’s discretion, the applicant/proponent of an item may be gi ven up to ten ( 10) minutes t o sp eak. All oth er persons may be given up to three (3) minutes to speak on the matter.
12. OTHER ACTIONS ITEMS OF THE SUCCES SOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENCY: Action listed for each Agenda item is that which is requested by staff. T he 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.
13. OTHER ACTION ITEMS: Action listed for each Agenda item is that which is requ ested by staff. The City Council may, a t its di scretion, take action on any items. Members of the public may be given up to three (3) minutes to speak.
Note: No addit ional major pr ojects o r p rograms shou ld be unde rtaken withou t review of the impacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). a. Adopting Resolution No. 202 3-19, consider modifications to remove the required faç ade i mprovements and gran t an extension of t he s ite improvements in City Council Resolution No. 2020-65 to January 3, 2024, for the combined medical/adult cannabis dispensary u se at 3100 D el Mon te Boulevard (APN 032 -192-018-000); This project is exempt fro m CEQ A pe r Article 19, Section 15301 (existing facilities). Continued from November 15, 2022, December 6, 2022, and February 7, 2023
Public Comments: None received.
Median Dirksen /Biala: we approve a use permit for combined medical Adult cannabis, dispensary use, we've taken test imony, and that we accept the staff recommendation as to the modifications to the building at 3 100 Del Monte Boulevard, with the caveat that native plants to use as to the best possible as to the best of their ability, partneri ng with Marina Tree and Garden Clubs. Come back
Council Member Biala asked for a f riendly amendment - on the language of the maintenance clause add the words “and artwork for the maintenance ” and that we add to the moti on that we add in a non-discriminatory clause, to exhibit 2
Mayor Pro Tem Medina Dirksen accepted Council Member Biala’s friendly amendment. So the motion will include a clause that artwork is included as well as a a non-discriminatory clause.
MINUTES for City Council Meeting of Wednesday, February 22, 2023 Page 6
Council Me mber McCarthy requested a friendly amendment for consideration , that mural be approved from Marina Youth Arts, or similar bona fide youth arts organization, selected by staff, must not represent the business cannabis or cannabis activities in any way, and must have picked nature themes appropriate for all ages. Or come back to council on consent for mural approval.
RESTATED MOTION
MEDINA DIRKSEN /BIALA: THAT WE ACCEPT THE PROPOSED
MODIFICATIONS, DO AN APPROVED USE PERMIT FOR THE CANNABIS DISPENSARY AT 3100 DEL MONTE BOULEVARD, ALSO KNOWN AS CATALYST; AND
1) THAT WE INCLUDE ARTWORK IN THIS SCOPE OF THE MURAL
2) WE INCLUDE LANGUAGE THAT INCLUDES NON -DISCRIMINATORY POLICIES.
3) THAT WE INCLUDE A MAINTENANCE AND LANDSCAPING PLAN
INSPECTION UPON ANNUAL INSPECTION OF THE PROPERTY AND
REVIEW OF ITS LICENSE
4) THAT WE REMOVE THE LANGUAGE HA VING TO DO WIT H THE 45 TO 60
DAYS COMPLETION OF THE MURAL AN D IN ITS PLACE ADD THA T THE
PROPOSED ART WILL COME BEFORE THIS BODY, WORKING WITH
STAFF FOR INPUT PRIOR TO PUTTING I PAINT TO WALL.
5) THAT THE COUNCIL ALSO FINDS THE PROJECT EXEMPT FROM CEQA, AND IS EXTENDING THE USE PERMIT UNTIL JANUARY 1, 2024
5-0-0-0 Motion Passes by Roll Call Vote
b. Adopting Resolution No. 2023 -20, appointing members to a new temporary General Plan Advisory Committe e (GPAC) and associated Bylaws. The formation of an administrative committee is exempt from environmental review per sec. 15378 of the CEQA Guidelines
VISSCHER/BIALA: THAT WE ADOPT RESOLUTION NO. 2023 -20, APPOINTING
MEMBERS TO A NEW TEMPORARY GENERAL PLAN A DVISORY COMMITTEE (GPAC) AND ASSOCIATED BYLAWS WITH ….. . 5 -0-0-0 MOTION PASSES BY
ROLL CALL VOTE
Public Comments:
• Brad Imamura – Asked What was the criteria that the Council used for their own personal selections to this committee?
• Jeff Markham – Asked about the criteria for understan ding what the diversity of selectio n would be based on the spreadsheet th at was presented , what the representation of the committee would be?
MINUTES for City Council Meeting of Wednesday, February 22, 2023 Page 7
c. Consider publ ic meeting format after February 28, 2023; and provide direction to staff. (Not a Project under CEQA per Article 20, Section 15378) Continued from February 7, 2023
MCCARTHY/MEDINA DIRKSEN: THA T WE GIVE STAFF DIRECTION THAT THE
CITY COUNCIL WOULD LIKE TO BOTH RET URNED TO IN -PERSON MEETING
SUBJECT TO TRADITIONAL TELECONFERENCI NG RULES AND INSTITUTE HYBRID MEETINGS AND CONFORMANCE WITH AB2 449 AND THAT F OR ALL
SUBSIDIARY BODIES RESUME IN PERSON MEE TINGS DUE TO STAFFING DEMANDS. 5-0-0-0 Motion Passes by Roll Call Vote
Public Comments:
• Mia Nguyen – Thinks Zoom is convenient for the public, especially for those who work full- time. Likes the idea of giving priority for those in person to speak first. Asked if people can identify themselves when speaking.
d. Adopting Resolution No. 2023 -21, approval of an agreement with TBWBH Props & M easures f or consulting services to assis t with publi c engagemen t, community outreach and messaging materials for a potential bond measure for the construction of police/fire/community center city facilities.
MCCARTHY/VISSCHER: THAT WE ADOPT RESOLUTION NO. 2023-21,
APPROVAL OF AN AGREEMENT WITH TBWBH PROPS & MEASURES FOR
CONSULTING SERVICES TO ASSIST WITH PUBLIC ENGAGEMENT,
COMMUNITY OUTREACH AND MESSAGING MATERIALS FOR A POTENTIAL
BOND MEASURE FOR THE CONSTRUCTION OF POLICE/FIRE/COMMUNITY CENTER CITY FACILITIES. 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 att ended (Gov’t Code Section 53232).
15. ADJOURNMENT: The meeting adjourned at 9:57 P.M.
Anita Sharp, Deputy City Clerk
ATTEST:
Bruce C. Delgado, Mayor