MINUTES
Tuesday, April 4, 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 communicatio n with the City Council is by sending an e mail 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 receive d 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 Coun cil, Airport Commissioners, Marina Abrams B Non -Profit Corporation, Pr eston Park Sustainable Communities Nonprofit Corporation, Successor A gency 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: None
4. CLOSED SESSION:
MINUTES for City Council Meeting of Tuesday, April 4, 2023 Page 2
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
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 regard to the one item listed. Council re ceived information, provided directions and no reportable action was taken.
5. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE (Please stand)
6. SPECIAL PRESENTATIONS:
a. Ryan Parra, 2022 Officer of the Year
b. Bambi Phillips, 2022 Professional Staff Employee of the Year c. Month of the Military Child Proclamation
d. Central Coast Community Energy Presentation
7. COUNCIL AND STAFF ANNOUNCEMENTS:
• Mayor Pro Tem Medina Dirksen – Attended a Monterey County Hospitality Gala event honoring Burt Cutino . Att ended the Hampton Inn Ribbon Cutting ceremony last week.
Attended Water Education for Lati no’s in Van Nyes over the weekend. Announced the Marina Foundation Award Dinner on April 15, 202 3, honoring J. Michael Masterson as the 2022 Man of the Year ; Nancy Fortman as the 2022 Woman of the year and Jeannie Nakagawa to receive the Lifetime Achievement Award.
• Council Member McCarthy – Announced on May 8 , 2023, from 5:00 -7:00pm will be a Townhall on Homeless and unhoused issues.
• Mayor Delgado – Announced Ear th Day on April 15, 2023, at Locke Paddon Park , just outside the library from 9:00am-1:00pm. Announced the Handcars are back in use on Friday thru Sundays. Commented on the last planting event for future city Hilltop Park on April 1 st and thanked the volunteers for their support.
8. PUBLIC COMMENT: Any member of the public may comment on any matter within the City Council’s jurisdictio n that is no t on th e agenda. This is t he appro priate place to comment on items o n the Consent Age nda. Action will not be taken on items not on 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 the time the matter is being considered by the City Council . Whenever possible, written correspondence should be submitted to the C ouncil in advanc e of the m eeting, to provide adequate time for its consideration.
• Katia Lainez Gutierrez, Sun Street Center – Urges Council to update the tobacco licensing ordinance to the County regula tions, which is stronger tha n the st ates and ban flavored tobacco.
• Andy Garcia, Student – Spoke about the goal of Sun Street Center banning flavored tobacco and asked council to update the tobacco licensing ordinance to the County regulations.
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• Tanya – Noted the importance of hearing youths speak on updating the tobacco ordinance and banning flavored tobacco. Spoke about Sun Street Center ’s tobacco litter clean ups across the county.
9. CONSENT AGENDA FOR THE S UCCESSOR 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 Age nda, and these items are considered to be routine and non-controversial. All items under the Consent Agenda are normally approved by one moti on. Pr ior 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 t he Consent Agenda for individual consideration. If an i tem is pulled for discussi on, it will be placed at th e 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 to such a motion being made, any member of City Council may ask a q uestion or make a comment about an agenda item and staff may provide a response. If dis cussion or a lengthy explanation i s 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 101977-102066, totaling $1,021,584.21.
Successor Agency Accounts Payable Check Numbers: 108, totaling $4,500.00. b. MINUTES: (Not a Project under CEQA per Article 20, Section 15378) (1) March 21, 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: (Not a Project under CEQA per Article 20, Section 15378) (1) Adopting Resolution No. 202 3-31, approving participation in the Nationwide Opioid Settlement Litigation with Teva, Allergan, CVS, Walgreens, and Walmart; and appointing the City Manager as the City’s Authorized Representative and Authorizing the City Manager to take all reasonable and necessary actions.
g. APPROVAL OF AGREEMENTS:
(1) Adopting Resolution No. 202 3-32, approving a Public Improv ement Agreement for the Vetera n’s Transition Center (V TC) “ Lightfighter Village” Permanent Support ive Housing P roject between the City of Marina and Lightfighter Village GP, LLC.
(2) Adopting Resolution No. 2023 -34, approving an affordable housing agreement for Veterans Transition Center at 229-239 Hayes Circle (APN 031-021-040). Pulled by Council Member Biala for short discussion.
MINUTES for City Council Meeting of Tuesday, April 4, 2023 Page 4
(3) Adopting Resolution No. 2023 -33, approving Amendment No.1 to the agreement between the City of Marina and Harris and Associates, Inc. of Salinas, California, to provide construction management services for the Imjin Parkway Improvement Project.
h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
i. MAPS: None
j. REPORTS: (RECEIVE AND FILE):
(1) Receiving an informational update about the Bird Scooter Project. k. FUNDING & BUDGET MATTERS: None
l. APPROVE ORDINANCES (WAIVE SECOND READING):
(1) Read by Title Only an d adopting Ordinance N o. 202 3-05, approving Ordinance No. 2023-05, amending Section 17.46 ( Signs) of the Marina Municipal Code. The proposed amendments are exempt from CE QA per section 15061(b)(3).
(2) Read by Title Only and adopting Ordinance No. 2023-06, amending the Accessory Dwelling Unit (ADU) Ordinance, Mari na Municipal Co de (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 Envir onmental Qua lity Ac t (CEQA) per Se c. 15303(a).
m. APPROVE APPOINTMENTS: None
MEDINA DIRKSEN/MCC ARTHY: TO APPROVE THE CONSENT AGENDA MINUS AGENDA ITEM 10g(2). 5-0-0-0 Motion Passes
10g(2)
Council discussed selection process and if process included allowance of registered sex offenders or persons exiting prison.
Public Comments:
• Denise Turley – Asked if a veteran recently received custody of gr andchildren would be allowed in this program?
BIALA/VISSCHER: TO AP PROVE RESOLUTION NO. 2023 -34, APPROVING AN
AFFORDABLE HOUSING AGREEMEN T FOR VETERANS TRANSITION CENTER AT 229-239 HAYES CIRCLE (APN 031-021-040). 5-0-0-0 Motion Passes
11. PUBLIC HEARINGS: In the Council’s discretion, the applicant/proponent of an item may be given u p to ten (10) minutes to speak. All other persons m ay be given up to three (3) minutes to speak on the matter.
12. OTHER ACTIONS ITEMS OF THE SUCCESSOR AGENCY TO THE F ORMER MARINA REDEVELOPMENT AGENCY: Action listed for each Agenda item is that which is requested by staff. The Suc cessor 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 Ag enda item is that wh ich is requested by staff. The City Council may, at its discretion, take ac tion on any items. Members of the public may be given up to three (3) minutes to speak.
Note: No additional major project s or programs sho uld be undertaken with out review of the impacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). a. City Council to receive a presentation of the General Plan 2045 (GP2045) Community Engagement Workplan (Plan) by the City ’s co nsultant, Raimi+Associates (R+A) and accept the plan as presented.
Public Comments:
• Paul Br uno – Happy to see the council going through the general plan process and hopes council is looking out for the stakeholder and property and business owners. Property and business owners have a lot of great ideas but without funding it won’t happen. • Denise Turley – Asked if staff and council thought about including groups, such as religious/cultural groups.
b. Adopting Resolution No. 2023 -35, awarding the Imjin P arkway Widening Project to Monterey Peninsula E ngineering of Ma rina, California for the amount of $27,782,058.47.
Public Comments:
• Denise Turley – Asked if roundabouts will be one at a time or done together? Asked about the road closures at Abrams Drive and Preston Drive. Will consideration be made relative to people working third shifts? Will proper signage to put in place during this construction? • Paul Br uno – Was not fon d of roundabouts when they first arrived but notice the on e at Holman Highway seems to work fine and looks forw ard to work ing with the city on this project.
BIALA/VISSCHER: TO ADOPT RESOLUTION NO. 2023-35, AWARDING THE IMJIN
PARKWAY WIDENING PROJECT TO MONTEREY PENINSULA ENGINEERING OF MARINA, CALIFORNIA FOR THE AMOUNT OF $27,782,058.47; AUTHORIZING
THE CITY MANAGER TO EXECUTE CONTRACT DOCUMENTS AND ALL
CHANGE ORDERS ON BEHAL F OF THE CITY SUBJECT TO FINAL REVIEW AND
APPROVAL BY THE CIT Y ATTORNEY, AND AUTHORIZING THE FINANCE DIRECTOR TO MAKE NECESSARY ACCOUNTING AND BUDGETARY ENTRIES. 4- 0-0-0. Motion Passes
14. COUNCIL & STAFF INFORMATIONAL REPORTS:
a. Monterey County Mayor’s Association [Mayor Bruce Delgado] The Monterey County Mayors Associat ion, and the M ayor's Select Committee nominated 6 people to be on the California Coastal Commission Nomination list, unfortunately none of us made it and Just in Cummings, Santa Cruz County Supervisor was appointed. Next Mayor ’s Association meeting is next month.
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b. Council reports on meetings and conferences atten ded (Gov’t Code Sec tion 53232).
Council Member Liesbeth Visscher – Attended the MST Board meeting where the board approved CEQA exemptions for the Surf Busway and the Bus Rapid Transit project s. MST Board meets the first Monday of the month at 10:00am.
15. ADJOURNMENT: The meeting adjourned at 9:57 PM
Anita Sharp, Deputy City Clerk
ATTEST:
Bruce C. Delgado, Mayor