MINUTES
Tuesday, May 16, 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 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 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 O F QU ORUM: (City Coun cil, Airport Commissioners, Marina Abrams B Non -Profit Corporation, Pr eston Park Sustainable Communities N onprofit Corporation, Successor Agency of the Former Redevelopment Agency Members and Marina Groundwater Sustainability Agency)
MEMBERS PRESENT: Liesbeth Visscher, Brian McCarthy, Kathy Bial a, Mayor Pro-Tem/Vice Chair Cristina Medina Dirksen, Mayor/Chair Bruce C. Delgado
3. PUBLIC COMMENT ON CLOSED SESSION:
4. CLOSED SESSION:
MINUTES for City Council Meeting of Tuesday, May 16, 2023 Page 2
b. Real Property Negotiation (Govt. Code Section 54956.8) i. Property: Los Animas Concrete, 499 9th Street, Marina, CA Negotiating Party: Paul J. Bruno
Negotiator(s): City Manager
Terms: Price and Terms
6:30 PM - RECONVENE OPEN SESSION AND REPORT ON A NY 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 under Real Prop erty Negotiations, Council re ceived information, provided direction and no reportable action was taken.
5. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE (Please stand)
6. SPECIAL PRESENTATIONS:
a. Public Works Week Proclamation
b. Introduction of New Employees
i. Alma Gonzalez, Accounting Services Manager, Finance
ii. Cyrah Caburian, Executive Assistant, Administration iii. Jessica Edwards, Senior Building Inspector, Community Development iv. Melissa Orduno, Administrative Assistant II, Airport v. Ryan Evans, Mechanic, Public Works
vi. R.J. Collier, Maintenance Worker I
vii. Zachary Evans, Intern, Community Development-Planning viii. Jalyiah Booker, Recreation Instructor
ix. Evelia Kohlman, Recreation Instructor
7. COUNCIL AND STAFF ANNOUNCEMENTS:
• Mayor Pro Tem Medina Dirksen – Spoke about the grand opening of M arina’s Pump Track and the donation that came in from various groups and thanked everyone that helped with making this event successful. Announced on May 25 th from 2:00 -4:00pm at the Seaside Oldemyer Center will b e the 2nd Annual George F loyd Reimagining Pol ice & Inclusion Symposium.
• Council Member Visscher – Announced the MST’s SURF Transit Fair & Family Fun Day on Saturday, June 10, 2023 , from 10:00 AM-2:00 PM. MST is hosting this event at the Marina Transit Exchange located at 280 Reservation Road, Marina. • Council Member McCarthy – Commented on the Pump Track grand opening. Announced that City of Monterey is discussing at their meeting a Compatible Use Study for the Military Communities and a Tobacco Ban. Announced on May 20 th from 10:00am -Noon in the Council Chambers will be a General Plan Update Workshop. • Mayor Delgado – Commented on the Pump Track grand opening. Spoke about the other events taking place such as Recreation was hav ing a track me et and Friends of the Marina Library was doing Dad Read’s at the Marina Library . Spoke about the litter clean -up from Del Monte/Beach R oad roundabout to the Landf ill. On Thursday at Hilltop Park from 6:00pm-8:00pm will be sunset water and weeding of the new plants. Spoke about attending a tour of Singin Friendship Garden in Fresno last Friday.
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• City Manager Long – Commented on the Pump Track and noted that the rest room will be open during the day as soon as we get the signs up that will let the people know the restrooms are there.
8. PUBLIC COMMENT: Any member of t he public may comment on any matter within the City Counci l’s jurisdiction that is no t on the agenda. This is the appro priate place to comment on i tems on the Conse nt Ag enda. 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, wr itten co rrespondence s hould be submitted to the C ouncil in advanc e of the meeting, to provide adequate t ime for its consideration.
• Grace Silva-Santella – Clarified that on the Friday before the Pump Track grand opening that Master Falconer, Antonio Balistreri through the Monterey Regional Park District was at the Marina Librar y and his next appearance will be on July 14 th. Thanked the Public Work s Department for their fast actio ns removing graffiti off one of the cypress trees at Vince DiMaggio Park and for clearing away the buildup of sand on the east and west side of the gate to the entrance of the Marina State Beach.
• Nancy Amadeo – Agrees with previous speaker on the effi ciency of the Public W orks department on the rem oval of th e sand around the beach en trance. Believes it to be appropriate for Council to work with State Parks to ensure that our parking lot gets the same kind of attention as the other beaches along the Monterey Bay area. Commented on the new Pump Trac k, found it exciting to see the many people out enjoying the area. Hopes city engages the community more to find out what they want in their parks.
9. CONSENT AGENDA FOR THE SUCCES SOR 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 Agend a, and these items are c onsidered to be ro utine and non -controversial. All items u nder the Consent Agenda are normally approved by o ne motio n. Prior t o such a motion being made, any member of the public or City Council may ask a question or ma ke a comment about an agenda item and staff may provide a response. If discussion or a length y explanation is required, the Council may remove an item from the Co nsent Age nda for individual consideration. If an i tem 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 ma y ask a questi on or make a comment about an agenda item and staff may provide a response. If disc ussion 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 102328-102414, totaling $448,803.51. b. MINUTES: (Not a Project under CEQA per Article 20, Section 15378) (1) May 2, 2023, Regular City Council Meeting
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c. CLAIMS AGAINST THE CITY: None
d. AWARD OF BID: None
e. CALL FOR BIDS: None
f. ADOPTION OF RESOLUTIONS:
(1) Adopting Resolution No. 2023-42, approving the reclassification of an Accounting Technician position to Financial Analyst.
(2) Adopting Resolution No. 2023-, amending the City’s Conflict of Interest Code. Pulled by Council Member McCarthy, becomes agenda item 13f g. APPROVAL OF AGREEMENTS: None
h. ACCEPTANCE OF PUBLIC IMPROVEMENTS:
(1) Adopting Resolution No. 2023 -43, accepting the c ompletion of the Airport Building 533 Exterior Improvement Project.
i. MAPS: None
j. REPORTS: (RECEIVE AND FILE):
(1) Adopting Resolution No. 2023 -, receiving and filing the City’s Annual Comprehensive Financial Report, Auditor G overnance Letter (SA S 114), Managemen t Letter (SAS 115) and Gann Li mit Repor t for the fiscal year ending June 3 0, 2022 . Pulled by Council Mem ber Biala, becomes agenda item 13g
k. FUNDING & BUDGET MATTERS: None
l. APPROVE ORDINANCES (WAIVE SECOND READING): None
m. APPROVE APPOINTMENTS: None
Council Member McCarthy requested to pull agenda item 10f(2).
Mayor Pro Tem Medina Dirksen had a minor correction to item 10b(1), spelling of one of the speakers last name needs to be corrected.
Council Member Biala requested to pull agenda item 10j(1).
DELGADO/MEDINA DIRKSEN: TO APPROVE THE CONSENT AGENDA MINUS 10f(2) AND 10j(1) AND 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 giv en up to te n (10) minutes to speak. All other per sons may be given up to thr ee (3) minutes to speak on the matter.
a. City Council o pen a public hearing and consider adopting Resolution No, 2023-44, confirming diagram, assessment and ordering levy of $180.78 for FY 2023-24 assessment for Cypress Cove II Landscape Ma intenance Assessment District; and authorize C ity Cl erk to file a certified copy of the diagram and a ssessment with the Monterey County Audi tor-Controller prior to August 1, 2023.
Public Comments:
• Nancy Amadeo – Spoke about the trimming of the large tree behind her home. Noted the branches that were trimmed were facing her home and believ es that the tree is no w off MINUTES for City Council Meeting of Tuesday, May 16, 2023 Page 5
balanced. Also spoke about one the trees where a large branch has crack running through the middle of the branch and if it bre aks it could fall on Abdy Way where cars park and people walk.
BIALA/VISSCHER: TO ADOPT RESOLUTION NO, 2023 -44, C ONFIRMING DIAGRAM, AS SESSMENT AND ORDERING LEVY OF $180.78 F OR FY 2023 -24
ASSESSMENT FOR CYPRESS COVE II LANDSCAPE MAINTENANCE
ASSESSMENT DISTRICT; AND AUTHORIZE CITY CLERK T O FILE A CERTIFIED
COPY OF THE DIAGRAM AND ASSESSMENT WITH THE MONT EREY COUNTY AUDITOR-CONTROLLER PRIOR TO AUGUST 1, 2023. 5-0-0-0 Motion Passes
b. City Council o pen a public hearing and consid er adopting Resolution N o, 2023-45, confirming diagram, assessmen t and ordering l evy of $ 182.42 for FY 2023-24 assessment fo r Seabreeze Landscape Maintenance As sessment District; and authorize the City Clerk to file a certified copy o f the diagram and assessment with the Monterey County Auditor-Controller prior to August 1, 2023.
Public Comments: None received.
BIALA/VISSCHER: TO A DOPT RESOLUTION NO, 20 23-45, CONFIRMING DIAGRAM, A SSESSMENT AND ORDERING LEVY OF $182.42 FOR FY 2023 -24
ASSESSMENT FOR SEABREEZE LANDSCAPE MAINTENANC E ASSESSMENT DISTRICT; AND AUTHORIZE THE CITY CLERK TO FILE A CERTI FIED COPY OF
THE DIAGRAM AND ASSESSMENT WITH THE MONT EREY COUNTY AUDITOR- CONTROLLER PRIOR TO AUGUST 1, 2023. 5-0-0-0 Motion Passes
c. City Council o pen a public hearing and c onsider adopting Resolution No, 2023-46, confirming diagram, assessment and ordering levy of $77.14 for FY 2023-24 assessment for Monterey Ba y Estates Lighting & Landscape Maintenance A ssessment District; and authorize the City Clerk to file a certified co py of the diagram and ass essment with the Monterey County Auditor-Controller prior to August 1, 2023.
Public Comments: None received.
DELGADO/BIALA: TO ADOPT RESOLUTION NO, 2023 -46, CONFIRMING DIAGRAM, ASSESSMENT AND ORD ERING LEVY OF $77.14 FOR FY 202 3-24
ASSESSMENT FOR MONTEREY BAY ESTATES LIGH TING & LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT; AN D AUTHORIZE THE CITY CLERK
TO FILE A CERTIFIED COPY OF THE DIAGRAM AND ASSESSMENT WITH THE MONTEREY COUNTY AUDITOR-CONTROLLER PRIOR TO AUGUST 1, 2023. 5-0-0- 0 Motion Passes
d. City Council open a public hearing, take any testimony from the p ublic, and consider approving first reading of Ordinance No. 2023 -, revisions to Marina Municipal Code Chapter 13.22 Marina Municipal Airport to amend provisions related to the Airport Rules and Regulations and Minimum Standards. Public Hearing continued to June 20, 2023
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12. OTHER ACTIONS ITE MS OF THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENCY: Action listed for ea ch Agenda item is that which is requested by staff. The Successor Agency may, at it s 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 requested by staff. The City Council may, at its d iscretion, take action on any items. Members of th e public may be given up to three (3) minutes to speak.
Note: No addition al major projects or programs sh ould be underta ken without review of the impacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). a. Adopting Resolution No. 2023-47, approving a fund trans fer and appropriation of $40,000 from each of the Impac t Fee accou nts to the Public Facilities Impact Fee Study Update.
Public Comments: None received.
BIALA/MCCARTHY: TO ADOPT RESOLUTION NO. 2023 -47, APPROVING A FUND TRANSFER AND APPROPRIATION OF $40,000 FROM EACH OF THE IMP ACT FEE ACCOUNTS TO THE PUBLIC FACILITIES IMPACT FEE STUDY UPDATE . 5-0-0-0 Motion Passes
b. Adopting Resolution No. 2023-48, approving an agreement between the City of Marina and the Transportation Agency for Monterey County (TAMC) for the 20 23 Regional Surfa ce Transportati on Program (RSTP) allocation of funding; and approving t he RSTP competit ive funding grant a pplication for the Res ervation Road & Del Monte Boulevard O perational & Safety Improvements Project.
Public Comments:
• Grace Silva-Santella – Approves applying for this grant money. Ex pressed concerns about the suggested improvements at Reservation Rd. & Del Monte Blvd. Believe this should be done when the Downtown Plan is being considered.
• Nancy Amadeo – Expressed concerns on the safety crossing at Reservation Rd/Del Monte Blvd. inter section, it is not safe for pedestrians to cross. Spoke about being a p edestrian friendly city and what that means not just for residents but for people visiting. • May H olland Dungo – Commented on the crossing signal at Re servation & Del Monte , vehicles should not be allowed to turn right when people ar e crossing this area. Commented about the potholes on Carmel that need to be fixed.
MEDINA DIRKSEN/MCCARTHY: TO ADO PT RESOLUTION NO. 2023 -48,
APPROVING AN AGRE EMENT BETWEEN THE CITY OF MARINA AND THE TRANSPORTATION AGENCY FOR MONTEREY COUNTY (TAMC) FOR THE 2023
REGIONAL SURFACE TRANSPORTATION PROGRAM (RSTP) A LLOCATION OF FUNDING; AND APPROVING THE RSTP COMPETITIVE FUND ING GRANT
APPLICATION FOR THE RESERVATION ROA D & DEL MONTE BOULEVARD OPERATIONAL & SAFETY IMPROVEMENTS PROJECT; AND AUTHORIZING THE
FINANCE DIRECTOR TO MAKE TH E NECESSARY ACCOUNTING AND
BUDGETARY ENTRIES; AND AUTHORIZING THE CITY MANAGER TO EXECUTE
THE AGREEMENT ON BEHALF OF THE CITY SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY. 5-0-0-0 Motion Passes
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c. Adopting Resolution No. 2023-49, amending the rate adjustment calculation of the franchise agreement with Green Waste Recovery utilizing a sector specific uniform per centage adjustment and approving maximum rates to be charged by Gre en Waste Recovery effective July 1, 2023, for collection of franchised solid waste, recycling, and organics.
Public Comments: None received.
MCCARTHY/BIALA: TO ADOPT RESOLUTION NO. 2023 -49, AMENDING THE
RATE ADJUSTMENT CALCULATION OF THE FRANCHISE AGREEMENT W ITH
GREEN WASTE RECOVERY UTILIZING A SE CTOR SPECIFIC UNIFORM
PERCENTAGE ADJUST MENT AND APPROV ING MAXIMUM RATES TO BE CHARGED BY GREEN WASTE RECO VERY EFFECTIVE JULY 1, 2023, FOR COLLECTION OF FRANCHISED SOLID WASTE, RECYCLING, AND ORGANICS . 5- 0-0-0 Motion Passes
d. Adopting Resolution No. 2023 -50, establishing a Capital In vestment Incentive Program ( CIIP) for a potential future Community Services Agreement between the City of Marina and Joby Aviation.
Council Member McCarthy recused himself from this item.
Public Comments: None received.
VISSCHER/MEDINA DIRKSEN: TO A DOPT RESOLUTION NO. 2023-50,
ESTABLISHING A CAPITAL INVESTMENT INCENTIVE PROGRAM (CIIP) FOR A
POTENTIAL FU TURE COMMUNITY SERVI CES AGREEMENT BETWEEN THE CITY OF MARINA AND JOBY AVIATION. 4-0-0-0 Motion Passes
e. Adopting Resolution Nol. 2023-, receive presentation to consider establishing a Sister City Program Policy; and approving Memorandum of Understandings for Sister City Agreements between City of Marina and Izunokuni, Japan; and Namwon, South Korea
Council Discussion: what a f riendship city relationship and a sister city relationship within the context of a Marina city sister program because it seems like wo uld like. Suggestion of a subcommittee should be put to gether consisting of 10 members from 501c(3) organizations, interested citizens and an appointed liaison. Discussion on establishing protocols on what each side would agree to in the MOU.
Public Comments:
• Mia Nguyen – Supports the Sister City and Friendship City ideas, had personal experi ence with these programs.
• Hyunsoo Hur – Supports the Sister City program with Namwon . Forming a sister city relationship brings several benefits to Marina , c ulturally, economically, socially, and education wise.
• May Holland Dungo – In favor of the Sister City program for the students, it would be nice to have that kind of relationship with the 2 different countries. • Yongsoo Oh – Supports the Sister City pro gram between City of Marina and Izunokuni, Japan; and Namwon, South Korea.
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DELGADO/MCCARTHY: THAT WE RECOMMEND ESTABLISHING A
FRIENDSHIP AND SISTER CITY RELATIONSHIP WITH RESPECT IVE CITIES (Izunokuni Japan & Namwon Korea) AND REQUEST THAT COUNCIL MEMBER
BIALA COME BACK WITH THE NEXT DRAFT OF A SI STER CITY /FRIENDSHIP CITY PROPOSAL. 5-0-0-0 Motion Passes
f. Adopting Resolution No. 20 23-51, amending the City’s Conflict of Interest Code. Pulled by Council Member McCarthy, was agenda item 10f(1) Council Member Mc Carthy – expressed concern about who needed to complete a statement conflict of interest for and what needed to be reported on in the form.
MEDINA DIRKSEN/MCCARTHY: AD OPT RESOLUTION NO. 2023 -51, AMENDING THE CITY’S CONFLICT OF INTEREST CODE. 5-0-0-0 Motion Passes
g. Adopting Resolution No. 2023 -52, receiving and fil ing the City’s Annual Comprehensive Financial Report, Auditor G overnance Letter (SA S 114), Management Letter (SAS 115) and Gann Li mit Report for th e fis cal year ending June 3 0, 2022. Pulled by Co uncil Mem ber Biala, was agenda item 10j(1)
Council Member Biala – Noted that a correction was needed on page 15 of the report. Our form of needs to include the City Manger for of government. Asked about the City’s rating.
DELGADO/MEDINA DIRKSEN: TO ADOPT RESOLUTION NO. 2023-52, RECEIVING AND FILING THE CITY’S ANNUAL COMPRE HENSIVE FINANC IAL REPORT, AUDITOR GOVERNANCE LETTER (SAS 114), MANAGEMENT LETTER (SAS 115) AND GANN LIMIT REPORT FOR THE FISCAL YEAR ENDING JU NE 30, 2022. 5-0-0- 0 Motion Passes
14. COUNCIL & STAFF INFORMATIONAL REPORTS:
a. Monterey County Mayor’s Association [Mayor Bruce Delgado] b. Council repor ts on meeting s and conferences attended (Gov’t Code Section 53232).
15. ADJOURNMENT: The meeting adjourned at 10:52 PM
Anita Sharp, Deputy City Clerk
ATTEST:
Bruce C. Delgado, Mayor