MINUTES
Tuesday, October 3, 2023 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 commun ication with 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 r eceived 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 & ESTABLI SHMENT 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/Chair Bruce C. Delgado
MEMBERS ABSENT: Mayor Pro -Tem/Vice Chair Cristina Medin a Dirksen (Excused)
3. PUBLIC COMMENT ON CLOSED SESSION: None
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4. CLOSED SESSION: None
5. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE (Please stand)
6. SPECIAL PRESENTATIONS:
a. Fire Department Open House
7. COUNCIL AND STAFF ANNOUNCEMENTS:
Mayor Delgado – Attended Introduction ceremony of MPC ’s Superintendent Dr. Marshall T.
Fulbright, III on September 29, 2023. Attended the NAAC P 51 st Annual Freedom Fund Life Membership Banquet on September 30, 20 23. Thanked all the volunteers that keep coming out to Locke Paddon Park every Saturday.
Council Member Biala – Announced Marina City Sisters program is going to launch next week and on October 12, 2023 , delegates from our Sister City, Namwan, South Korea will arrive, and a small reception will take place in the Council C hambers prior to our Joint meeting with t he Planning Commission. Spoke about the Marina Friendship City and the student exchange with Japan next Thursday.
Council Member Mc Carthy – Attended the League of California City's General Annual conference. League of California cities has a variety of diversity caucuses it was a great experience.
8. PUBLIC COMMENT: Any member of the public may c omment on any matter within the City Council’s juri sdiction that is no t on the agenda. This is the a ppropriate place to comment on items on 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 matt er is being considered by the City Council . Whenever possible, written correspondence should be submitted to the C ouncil in advanc e of the meeti ng, to provide adequate time for its consideration.
• Chandler Roland – Commented on the MST Surf Line Project. Stated MST is misleading the public and asked council to not support this project.
• Margaret-Ann Coppernol – Announced on October 10 th at 5:00PM at the Middlebury's Institute, Irvine Auditorium at 499 Pear Street, Monterey the Monterey Peninsula Water Management District will hold a public hearing on its CalAm buy out eminent domain resolution.
• Tommy Bolea – Commented and opposes the MST Surf Line project, proposed bridge s are not earthquake reinforced. Commented on the Fire Department Open House presentation.
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 public or City Council may ask a q uestion 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 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.
MINUTES for City Council Meeting of Tuesday, October 3, 2023 Page 3
10. CONSENT AGENDA: These items are considered t o 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 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.
a. ACCOUNTS PAYABLE: (Not a Project under CEQA per Article 20, Section 15378) (1) Accounts Payable Check Numbers 103186-103263, totaling $673,428.04. b. MINUTES: (Not a Project under CEQA per Article 20, Section 15378) (1) September 19, 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 N o. 202 3-97, directing staff to accept Regional Early A ction Pr ogram ( REAP) 2.0 grant funding and implement said grant in a timely manner by selecting a qualified consultant. (2) Adopting Resolution No. 2023 -98, a pproving a request by the Contracting Parties of 104 Investments, LLC, Locans Investments, LLC, Wathen Castanos Peterson Homes, Inc., Wathen Castanos Peterson Coastal, LP , a nd Marina Developers, Inc., to release a portion of the performance security for public improvements in the Sea Haven Phase 3 area in the amount of $6,065,795.24; an d a ccepting a sub stitute performance bond secu rity of $673,977.25 for the remaining punch list items.
g. APPROVAL OF AGREEMENTS: None
h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
i. MAPS: None
j. REPORTS: (RECEIVE AND FILE): None
k. FUNDING & BUDGET MATTERS:
(1) Adopting Resolution No. 2023-99, approving adjustments to the Marina Sister City Program adopted on June 6, 2023.
l. APPROVE ORDINANCES (WAIVE SECOND READING):
(1) Read by Title Only and adopting Ordinance No. 202 3-11, approving amendments to the ordinance for Marina Municipal Code Chapter 12.25 entitled "Skate Park Facility Rules and Regulations" to include rules and regulations for the Pump Track.
m. APPROVE APPOINTMENTS: None
DELGADO/BIALA: THAT WE APPROVE THE CONSE NT AGENDA 4-0-1(Medina Dirksen)-0 Motion Passes
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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. Open a public hearing and consider introducing Ord inance No. 2 023-, amending the Marina Municipal Code Section 17.48.130, Affordable Housing Overlay, to be consistent with recent legal precedent.
Public Comments: None received.
VISSCHER/BIALA: THAT WE INTRODUCE ORDINANCE NO. 2023 -, AMENDING THE MARINA MUNICIPAL CODE SECTION 17.48.13 0, AFFORDABLE HOUSING OVERLAY, TO BE CONSISTEN T WITH RECENT LEGAL PRECEDENT . 4 -0- 1(Medina Dirksen)-0 Motion Passes
b. Open a public hearing, take any testimony from the public, consider introducing Ordinance No. 2023-, for first reading by ti tle only and waiv e further reading, adding Chapter 15.60 regarding a Moratorium on cutting on reconstructed or slurry sealed streets in in the City of Marina.
Public Comments:
• Denise Turley – Asked if there was a possibility for repeat violators receiving stricter penalties.
• Jeff Markham – Supports this moratorium. Noted poor quality of resurfacing currently being done.
MCCARTHY/DELGADO: THAT WE INTRODUCE ORDINANCE NO. 2023 -, FOR
FIRST READING BY TITLE ONLY AND WAIVE FURTHER READING, ADDING CHAPTER 1 5.60 REGARDING A MORAT ORIUM ON CUTTING ON
RECONSTRUCTED OR SLURRY SEALED STREETS IN IN THE CITY OF MARINA . 4-0-1(Medina Dirksen)-0 Motion Passes
12. OTHER ACTIONS ITEMS OF THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENCY : Action listed for each Agenda item i s 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 ITEMS: Action listed for each Age nda 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 additional major projects or programs should be undertaken without review of th e impacts on existing priorities (Resolution No. 2006-79 – April 4, 2006).
14. COUNCIL & STAFF INFORMATIONAL REPORTS:
a. Monterey County Mayor’s Association [Mayor Bruce Delgado] Mayor Delgado – Mayors Association will meet this Friday , October 8th in King City. The next meeting is scheduled for Novem ber 3, 2023, at 11:30 am. at the Marina at the Marina Pump Track.
b. Council reports on meetings and conferences attended (Gov’t Code Se ction 53232).
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15. ADJOURNMENT: The meeting adjourned at 7:30 P.M.
Anita Sharp, Deputy City Clerk
ATTEST:
Bruce C. Delgado, Mayor