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Minutes

Marina City Council
June 20, 2023

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Minutes
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June 20, 2023
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Marina City Council
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MINUTES

Tuesday, June 20, 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
TELECONFERENCE LOCATION: 1
Hampton Inn / Lobby
3231 Peninsula Road
Oxnard, CA 93035

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 hom e 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 w ith the City Council is by sending an emai l 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 w ill become part of the record.

Council will have the option to modify their action on items based on comments received.

1 Note: Pursuant to Government Code Section 54953(b), this meeting will includ e teleconference participation by Council Member Brian McCarthy from the address above. This Notice and Agenda will be posted at the teleconference location.

1. CALL TO ORDER: The meeting was called to order at 5:00 P.M.

2. ROLL CALL & ESTABLISHMENT OF QUORUM: (City Council, Airport Commissioners, Marina Abram s B Non -Profit Corporation, Pr eston Park Sustainable Communities Nonprofit Corp oration, Successor A gency of the Former Redevelopment Agency Members and Marina Groundwater Sustainability Agency)

MINUTES for City Council Meeting of Tuesday, June 20, 2023 Page 2

MEMBERS PRESENT: Liesbeth Visscher, Brian McCarthy (Remote), Kathy Biala, Mayor Pro-Tem/Vice Chair Cristina Medina Dirksen, Mayor/Chair Bruce C. Delgado

3. PUBLIC COMMENT ON CLOSED SESSION:

4. CLOSED SESSION:
a. Performance Evalu ation of Publ ic Employee , (Govt. Code Se ction 54957(b)(1) – City Manager
6:37 PM - RECONVENE OPEN SESSION AND RE PORT ON ANY ACTIONS TAKEN IN

CLOSED SESSION
Heidi Quinn, Interim City Attorney reported out Closed Session: Council met at 5:00pm with regard to the one item listed. Council held discussion and no reportable action was taken.

5. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE (Please stand)

6. SPECIAL PRESENTATIONS:
a. July 4th Fireworks Enforcement
b. Recreation Summer Programs

7. COUNCIL AND STAFF ANNOUNCEMENTS:

Mayor Pro Tem Medina Dirksen – Attended DLI-FLC Change of Command. Commented on Marina’s Jr. Giants Program
Mayor Delgado – Spoke about Lapis Road and Park area clean-ups.

Council Member McCarthy – Commented on the Aids Life Cycle . Attended Monterey Regional Park District meeting where they allocated $5,000 for Locke Paddon Park maintenance.

City Manager Long – Provided updates on Sea Haven Park and Joby Aero Inc.

8. PUBLIC COMMENT: Any member of the public may comment on any matter wi thin the City Council’s jurisdiction that is no t on the agenda . This is the appr opriate place to comment o n items on the Consent Agenda. 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 thi rty (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 a t the time the mat ter is being considered by the City C ouncil.

Whenever possible, written correspondence should be submitted to the Council in advance of the meeting, to provide adequate time for its consideration. • Howard Gustafson – Spoke about the buried Fort Ord Mascots throughout the former Fort Ord.
• Eileen Hu – Spoke about changes to homeowner sewer bill s; and Greenwaste organi c collection bins and billing for apartments.
• Grace Silva -Santella – Commented on Marina Library Free Lunch program for K -12 on Thursdays as well as the Monterey County Food Bank. Announced upco ming movies at the Marina Library.
• Nancy Fortman – Spoke about Joby A ero Inc and city’s continued support to keep the business in Marina.
• Denise Turley – Asked is a list of food pantries could be placed on City’s website.

MINUTES for City Council Meeting of Tuesday, June 20, 2023 Page 3

9. CONSENT AGENDA FOR THE SUCCESSOR AGENCY T O THE FORMER MARINA REDEVELOPMENT AGENCY: Background information has been provided to the Successor Agency of the f ormer 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 Co nsent Agenda are normally appr oved by one motio n. Prior to s uch a motion being made, any m ember 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 discussi on or a lengthy explanation is required, the Council ma y remove an item from the Conse nt Agenda for individual consideration. If an i tem is pulled for discuss ion, 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 cons idered to be rout ine 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 comment about an agenda item and staff may provide a r esponse. If disc ussion or a le ngthy 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 102537-102632, totaling $777,774.86. b. MINUTES: (Not a Project under CEQA per Article 20, Section 15378) (1) May 30, 2023, Special City Council Meeting
(2) June 6, 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 3-62, confirming levy of a special tax for the City of Marina Community Facilities Distr ict No. 2007 -2 (Locke Paddon) for Fiscal Year 2023-2024 as auth orized by Ordi nance No. 2007-09; and consider adopting Resolution No. 2023-63, certifying City of Marina compliance with State law ( Proposition 218) with respect to levying of special tax es for the City of Marina Community Facilities District No. 2007-2 for Fiscal Year 2023-2024 as autho rized by Ordinance No. 2007-09.
(2) Adopting Resolution No. 2023-64, 2023-02 (SA/MRA), 2023-01 (NPC), 2023-01 (PPSC-NPC) and 2023-01 (MAC), continuing appropriations fo r F iscal Year 2023-24; and authorizing The Ci ty of Marina to utilize the standa rd revenue loss allowance under the United States Department of the Trea sury Final Rule to comp ly with the Coronavirus State and Local Fiscal Recovery Funds (SLFRF) under the American Rescue Plan Act (ARPA).
(3) Adopting Resolution No. 2023-65, establishing appropriations limit for FY 2023-24.
g. APPROVAL OF AGREEMENTS: None
MINUTES for City Council Meeting of Tuesday, June 20, 2023 Page 4

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):
(1) Read by Title Only and consider adopting Ordinance N o. 202 3-07, amending the following sections of the Marina Municipal Code (MMC) pertaining to Housing: Sections 17.04, 17.06, 17.08, 17.10, 17.12, 17.16,

17.22, 17.45, 17.48.040 and 17.48.050 and adding new Section 17.51. m. APPROVE APPOINTMENTS:
(1) Amending “Exhibit A” to Resolution No. 2022-158, approving Mayor’s 2023 recommendation for May or Pro T em and City Council me mber assignments to various Committees/Commissions/Boards . Pulled by Mayor Pro Tem Medina Dirksen, becomes agenda item 13d.

Council Member McCarthy comm ented on agenda item 10f(1) and had question s for agenda item 10m(1)
Mayor Pro Tem Medina Dirksen requested to pull agenda item 10m(1) DELGADO/MEDINA DIRKSEN: TO APPROVE THE CONSENT AGENDA MINUS 10m(1). Ayes 5, Noes 0, Abstain 0, Absent 0 Motion Passes by Roll Call Vote

11. PUBLIC HEARINGS: In the Council’s discretion, the applicant/proponent of an item may be given up to t en (1 0) minutes to spe ak. All other persons may be gi ven up to th ree (3) minutes to speak on the matter.
a. City Council open a public hearing, take any testimony from the public, and consider intro duction of Ordinance No. 2023 -08, repealing and replacing Marina Municipal Code C hapter 13.22 Marina Municipal Airport and adopting Ru les and R egulations and Minimum Operating Standards by reference. Public Hearing continued from May 16, 2023
Discussion: Non-conforming tenants
Mayor opened public hearing for comments: None received.

BIALA/VISSCHER: THAT WE OPENED THE PU BLIC HEARING AND APP ROVE THE INTRODUCTION OF ORDINANCE NO. 2023 -08, REPEALING AND REPLACING MARINA MUNICIPAL CODE CHAPTER 13.2 2 MARINA MUNICIPAL

AIRPORT AND ADOPT ING RULES AND REGULATIONS AND MINIMUM

OPERATING STANDARDS BY REFERENCE, WITH CORRECTIONS TO TWO TYPOGRAPHICAL ERRORS ON PAGE 3 AND PAGE 8 . Ayes 5, Noes 0, Abstain 0, Absent 0 Motion Passes by Roll Call Vote

12. OTHER ACTIONS ITEMS OF THE SUCCESSOR 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, tak e action on any items. Members of the public may be given up to three (3) minutes to speak.

MINUTES for City Council Meeting of Tuesday, June 20, 2023 Page 5

13. OTHER ACTION ITEMS: Action listed for each Agenda ite m 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 additional major projec ts or programs s hould be undertaken without revi ew of the impacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). a. Adopting Resolution No. 2023 -, receiving informational presentation of the City’s Pavement Management Program.

The City Council dis cussed the Pavement Management Program relating to current and fut ure city street maintenance, as well as funding.

Public Comments:
• Jeff Mark ham – Commented on making sure all vegetation is cleared away before the application of slurry is applied.
• Tommy Bolea – Made comments about the condition of Carmel Ave, Reservation Road, and the intersection of Second Ave. Also commented about the traffic.

VISSCHER/BIALA: THAT WE ADOPT RESOLUTION NO. 2023 -, RECEIVING INFORMATIONAL PRESENTATION OF THE CITY’S PAVEMENT MANAGEMENT PROGRAM. Ayes 5, Noes 0, Abstain 0, Absent 0 Motion Passes by Roll Call Vote

b. Adopting Resolution No. 2023-, adopting an updated list of projects for Fiscal Year 2023-24 funded by SB 1: Th e Road Repair and Acco untability Act of 2017.

Public Comments: None received.

BIALA/MEDINA DIRKSEN: THAT WE ADOPT ADOPTING RESOLUTION NO. 2023-, ADOPTING AN UPDATED LIST OF PROJECTS FOR FISCAL YEAR 2023-24 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017. Ayes 5, Noes 0, Abstain 0, Absent 0 Motion Passes by Roll Call Vote

c. Adopting Resolution No. 2023-, amending the Rules and Procedur es for the Conduct of Meetings.

The City Council discussed the proposed changes/amendments to the Rules and Procedures for Conduct of Meetings.

Public Comments:
• Denise Turley – Commented on Zoom meeting participants not muting themselves after they have spoken.

MCCARTHY/DELGADO: THAT WE ADOPT THE RESOLUTION FURTHER

AMENDING THE RULES OR PROCEDURES FOR THE CONDUCT OF MEETINGS WITH THE AMENDMENTS:

1. THAT WE DO NOT ADDRE SS NUMBER 7 , COUNCIL CORRESPONDENTS AT THIS TIME.

2. THAT WE DEVELOP A MINUTE VIDEO RECORDS, RETENTION POLICY.

MINUTES for City Council Meeting of Tuesday, June 20, 2023 Page 6

3. THAT WE IDENTIFY IN OUR PUBLIC COMMENTS SECTION THAT PUBLI C

COMMENT IS WELCOMED BY ANY MEANS NOT DISRUPTED TO THE
MEETING.

4. THAT THE ADJOURNMENT EXTE NSION BE ITEM BASED INSTEAD OF

TIME BASED

5. THAT THE ACTION MINUTES INCLUDE THE NAME AND TOPIC OF DISCUSSION.

6. COUNCIL BE ALL OWED TO SPEAK UP TO 5 -MINUTES, WITH A NON - INTERRUPTIVE TIMEKEEPING METHOD MEANS OR SOMETHING. Ayes 5, Noes 0, Abstain 0, Absent 0 Motion Passes by Roll Call Vote

d. Amending “Exhibit A” to Resolution No. 2022-158, approving Mayor’s 2023 recommendation for May or Pro T em and City Council me mber assignments to various Committees/Commissions/Boards . Pulled by Mayor Pro Tem Medina Dirksen, was agenda item 10m(1) – Continued to July 5, 2023

14. COUNCIL & STAFF INFORMATIONAL REPORTS:
a. Monterey County Mayor’s Association [Mayor Bruce Delgado] b. Council re ports on meetings and conferenc es attended (Gov’t Code S ection 53232).

15. ADJOURNMENT: The meeting adjourned at 10:55 P.M.

Anita Sharp, Deputy City Clerk

ATTEST:

Bruce C. Delgado, Mayor

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