MINUTES
Tuesday, March 7, 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
THIS MEETING WILL BE HELD IN PERSON AND VIRTUALLY (HYBRID).
Council Chambers
211 Hillcrest Avenue
Marina, California
AND
Zoom Meeting URL: https://zoom.us/j/730251556
Zoom Meeting Telephone Only Participation: 1-669-900-9128 - Webinar ID: 730 251 556
PARTICIPATION
You may participate in the City Council meeting in person or in real-time by calling Zoom Meeting via the weblink and phone number provided at the top of this agenda. Instructions on how to access, view and participate in remote meetings are provided by visiting the City’s home page at https://cityofmarina.org/. Attendees can make oral comments during the meeting by using the “Raise Your Hand” feature in the webinar or by pressing *9 on your telephone keypad if joining by phone only.
The most effective method of communication with the City Council is by sending an ema il to [email protected] Comments will be reviewed and distributed before the meeting if received by 5:00 p.m. on the day of the meeting. All comments received will become part of the record.
Council will have the option to modify their action on items based on comments received.
1. CALL TO ORDER
2. ROLL CALL & ESTABLISHMENT OF QUORUM: (City Council, Airport Commissioners, Marina Abrams B Non -Profit Corporation, Preston Park Sustainable Communities Nonp rofit 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 COMMENTS ON CLOSED SESSION: None
Heidi Quinn announced that Closed Session item 3b(i ), Desert Star System will not be discussed this evening.
MINUTES for City Council Meeting of Tuesday, March 7, 2023 Page 2
4. CLOSED SESSION:
a. Conference with Legal Counsel, potential litigation, exposure to litigation per:
“Conference with Legal Counsel – anticipated litigation, significant exposure to litigation pursuant to paragraph (d)(2) of CA Govt. Code sec. 54956.9 – One potential case
b. Real Property Negotiation (Govt. Code Section 54956.8) i. Property: Desert Star Systems, 3261 Imjin Road, Marina, CA Negotiating Party: Marco Flagg
Negotiator(s): City Manager
Terms: Price and Terms
ii. Property: Las Animas Concrete, LLC, 499 Ninth Street, Marina, CA Negotiating Party: Bart and Paula Bruno
Negotiator(s): City Manager
Terms: Price and Terms
iii. 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
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
6:30 PM - RECONVENE OPEN SESSION AND REPORT ON ANY ACTIONS TAKEN IN
CLOSED SESSION
Heidi Quinn, Interim City Attorney reported out Closed Session: Council met in Closed Session with re gard to the matters listed. Council r eceived update s, directions were given a nd no reportable action was taken.
5. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE (Please stand)
6. SPECIAL PRESENTATIONS: None
7. COUNCIL AND STAFF ANNOUNCEMENTS:
• Council Member McCarthy – Reflected on the amount of time that has passed since we last met in person and the changes since then . W e sho uld acknowledge all that we've been through, and excited of what the future holds.
• Mayor Delgado – Made comments about last weekend’s Hilltop Park pan ting of some 600 plants and the project is going well. Last Hilltop planting event will be held on April 1st from 10:00am-1:00pm. Commented on the tagging/graffiti that happened at Vince DiMaggio Park and raising funds to paint a mural along the wall, which is sponso red by Marina Youth Arts and done by Kenny Curtis and high school students.
• Mayor Pro Tem Medina Dirksen – Spoke about the Ba ttle of the Bad ges between Marina PAL and Salinas PAL held on Saturday. Gave a s houtout to the volunteers who came to spruce up the Los Arboles sports complex in preparation for the softball baseball softball MINUTES for City Council Meeting of Tuesday, March 7, 2023 Page 3
season. Announced on March 18 th at 1 1:00am is the Irish Heritage luncheon at the Community Center.
• Council Member Biala – Announced Earth Day Event on April 1 5th at Locke Pa ddon Park.
Also announced on June 24th from 10:00am -5:00pm will be the Multi -Cultural Festival , which is still in the planning stages.
8. PUBLIC COMMENT: Any member of the public may comment on any matter within the City Council’s ju risdiction 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 items not on the agenda. Comments are limite d 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 possible, written correspondence should be submitted to th e Council in advance of the meeting, to provide adequate time for its consideration.
• Nathan Masten – Spoke about the cars that continue to speed up and down Vista Del Camino and the danger the y pose. Asked if something coul d be done to help reduce the speeds in which p eople travel. Possible paid the pos ted speed limit on the road. Noted th ere a re multiple families on this road with small children unable to play in front of their homes. • Mike – Agrees with and supports previous speak er regarding the dangerous speeds the vehicles travel along Vista Del Camino.
• Grace Silva-Santella – Thanked council for allowing the hybrid meeting. Spoke about the Friends of the Marina Library held a successful book sale last weekend and raised $5,300 and thanked all those who supported the sale. Announced a 6-week art History series coming to the library on Wednesday ’s at 6:00p m. On Saturday th ere will be a movie called Minari being showed. The third Saturday of every as month the library staff will be doing a classic movie.
• Paul Lagresky – Blue Zones Project will be celebrating the school site approval of the Marina Vista Elementary Arts Academy on Thursday, March 9th at 10:00am. Marina Vista is the second school in the MPUSD to become Blue Zone approved.
9. CONSENT AGENDA FOR THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENCY: Background information has been provided to the Successor Agency of the former Redevelopment Agency on all matters listed under the Consent Agenda, and these items are 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 p ublic 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 a n 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 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.
MINUTES for City Council Meeting of Tuesday, March 7, 2023 Page 4
a. ACCOUNTS PAYABLE: (Not a Project under CEQA per Article 20, Section 15378) (1) Accounts Payable Check Numbers 101797- 101890, totaling $832,572.44. b. MINUTES: (Not a Project under CEQA per Article 20, Section 15378) (1) February 22, 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) Adopt Resolution No 2023-22, amending Section 4. 105-Emergency Preparedness, of the General Plan (2000). The proposed project is exempt from CEQA pursuant to Sections 15060(c)(2) and 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines because the amendment will not result in a significant negative impact to the environment.
g. APPROVAL OF AGREEMENTS: None
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: None
Mayor Pro Tem M edina Dirksen had min or correctio n to item 10b(1) , page three and gave correct spelling for public speaker’s name.
Council Member McCarthy had a questi on for ite m 10f(1) relating to flooding and room for improvements.
Council Member Biala, item 10f(1) asked for clarification on the graph on page 11.
BIALA/MEDINA DIRKSEN: T O APPROVE THE CONSENT AGENDA WITH CORRECTIONS TO 10b(1). 5-0-0-0 Motion Passes
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 other persons may be given up to three (3) minutes to speak on the matter.
a. Read by title only and waive further rea ding and approve the first reading of Ordinance No. 2023-03, amending Sections 17.38.070 and 17.38.090 of the Marina Municipal Code to modify the parking standards in the MH - R District for the Townhomes in Sea Haven; and read by title only and waive further re ading and approve the f irst reading of Ordinance No. 2023-04, approving the Second Amendment to the Development Agreement for Sea Haven pursuant to Chapter 4.04 of the Marina Municipal Code.
MINUTES for City Council Meeting of Tuesday, March 7, 2023 Page 5
Public Comments:
• Jaqueline Gonzales – Sea Haven resident. Spoke about people parking on the streets and the HOA not enforcing the parking restrictions. Spoke about the 9 -foot wide garage and not being able to open the car doors. Spoke about not being able to use garage for storage. Does not support the text amendment.
• Zinnia Kilkenny – Commented that the streets are dangerously narrow and that the HOA not enforcing the parking rules. Stated it would be ha rd for emergency vehicles to go down the streets if ther e are cards par ked on both sides of the road. Noted parking spaces designated for the park is not a viable solution for car overflow. I respectfully request the City Co uncil deny this amendment.
• Denise Turley – Concerned about the width of the street and cars parking on b oth sides.
Asked if consideration was giv en to MST Rides buses wh o need to pick up passenger s.
Asked if the Fire Chief could weigh in on the proper garage width. Asked for clarification on the word Todes.
• Dell Cooper – Commented on how the previous dev eloper planned the hous es and townhomes. Spoke about the CC &R’s and homeowner restrictions. Comment ed on present building insisting the “escape clause” and about the lack of parking. • Jeff Markham – Asked if it was possible to identify areas close by where tradespeople could use lots to park their trade vehicles and use them in the morning when they have to go to work, like in Preston Park?
• Grace Silva-Santella – Commented on it not being a good idea to have overflow parking at the planned Sea Haven Park . Spoke about the use of the Surf Bus Line in the Sea Haven housing area as justification to mod ify a project . Noted most household have 2 vehicles or more.
• Lou M iramontes – Spoke about current developers knowing they had to build affordable housing prior to their acquisition , i t's an economic choice . Asked the city propose to the developer that they reconsider some of their empty lots for addition al parking. Commented on the Surf Bus Line.
• Dave – Spoke about the number of townhomes to be constructed, with congestion associated with it and getting emergency vehicles through the narrow streets. Spoke about the Sea Haven HOA enforcement of parking. Suggested an overflow parking area.
MCCARTHY/VISSCHER: TO READ BY TITLE ONLY AND WAIVE FURTHER READING AND APPROVE THE FIRST READING OF ORDINANCE NO. 2023 -03, AMENDING SECTIONS 17.38.070 AND 17.38.090 OF THE MARINA MUNICIPAL
CODE TO MODIFY THE PARKING ST ANDARDS IN THE MH -R DISTRICT FOR THE TOWNHOMES IN SEA HAVEN; AND READ BY TITLE ONLY AND WAIVE FURTHER READING AND APPROVE THE FIRST READING OF ORDINANCE NO. 2023-04, APPROVING THE SECOND AMENDMENT TO THE DEVELOPMENT AGREEMENT FOR SEA HAVEN PURSUANT TO CHAP TER 4.04 OF THE MARINA MUNICIPAL CODE. 5-0-0-0 Motion Passes by Roll Call Vote b. Open a public hearing, take public testimony, and consider introducing Ordinance No. 2023 -05, a mending S ection 17.46 ( Signs) of the Marina Municipal Code. The proposed amendment s are exempt from CEQA per section 15061(b)(3). Continued to March 21, 2023
MINUTES for City Council Meeting of Tuesday, March 7, 2023 Page 6
c. Introduction of Ordinance No. 2023 -06, amending the Accessory Dwelling Unit (ADU) Ordinance, Mari na Municipal Code (MMC), Chapte r 17.42.040, bringing these sections into compliance with recent changes in state law. The proposed amendments are exempt from the California Environmental Quality Act (CEQA) per Sec. 15303(a). Continued to March 21, 2023
12. OTHER ACTIONS ITEMS OF THE SUC CESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENCY : 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.
13. OTHER ACTION ITEM S: Action listed for ea ch Agenda item is that which is requested by staff. The City Council may, at its discretion, take action on any items. Members of the public may be given up to three (3) minutes to speak.
Note: No ad ditional major projects or progr ams should be undertaken without review of the impacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). a. Adopting Resolution No. 2023 -23, authorizing the mayor to sign a support letter for the 2022 Assistance to Firefighter Grant Program Staff ing for Adequate Fire and Emergency Response for five full time firefighters ; and consider authorizing the mayor to sign a support letter for the 2022 Assistance to Firefighters Grant Program Staffing for Adequate Fire and Emergency Response for Reserve Firefighters Safer Grant.
Public Comments:
• Denise Turley – Asked how does the grant effect overtime? • Mark Sweeney – Spoke in support of the SAFER Grant. The grant will help fund additi onal fire fighters for three years and provides an increased safety for the members of our Fi re department.
MEDINA DIRKSEN/BIALA: TO A DOPT RESOLUTION NO. 2023 -23, AUTHORIZING THE MAYOR TO SIGN A SUPPORT LETTER FOR THE 2022 ASSISTANCE TO
FIREFIGHTER GRANT PROGRAM STAFFING FOR ADEQUATE FIRE AND EMERGENCY RESPONSE FOR FIVE FULL TIME FIREFIGHTERS; A ND
CONSIDER AUTHORIZING THE MAYOR TO SIGN A SUPPORT LETTER FOR THE 2022 ASSISTANCE TO FIREFIGHTERS GRANT PROGRAM STAFFING FOR
ADEQUATE FIRE AND EMERGENCY RESPONSE FOR RESERVE FIREFIGHTERS SAFER GRANT. 5-0-0-0 Motion Passes
b. Adopting Resolution No. 2023 -, authorizing the City Manager, or his designee, to negotiate a Memorandum of Understanding (MOU) with the Marina Equestrian Association (MEA) for the provision of eq uestrian boarding and related uses, and directing the City Manager to return to Council with a resolution to consider adoption of a mutually agreeable MOU between the City and MEA. Continued to March 21, 2023
14. COUNCIL & STAFF INFORMATIONAL REPORTS:
a. Monterey County Mayor’s Association [Mayor Bruce Delgado] MINUTES for City Council Meeting of Tuesday, March 7, 2023 Page 7
b. Council reports on meetings and conference s attended ( Gov’t Code Section 53232).
15. ADJOURNMENT: The meeting adjourned at 10:25 PM
Anita Sharp, Deputy City Clerk
ATTEST:
Bruce C. Delgado, Mayor