MINUTES
Tuesday, October 17, 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 commu nication with the City Cou ncil is by sending an email 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 & 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 Pro-Tem/Vice Chair Cristina Medina Dirksen,
MEMBERS ABSENT: Mayor/Chair Bruce C. Delgado (Excused)
MINUTES for City Council Meeting of Tuesday, October 17, 2023 Page 2
2. PUBLIC COMMENTS ON CLOSED SESSION:
• Kim Keller – Commented on Closed Session Item 4a, Las Animas Concrete.
4. CLOSED SESSION:
a. Property: Los Animas Concrete, 499 9th Street, Marina, CA Negotiating Party: Paul J. Bruno
Negotiator(s): City Manager
Terms: Price and Terms
b. Property: Desert Star Systems, 3261 Imjin Road, Portion of Building 518, Marina, CA Negotiating Party: Marco Flagg
Negotiator(s): City Manager
Terms: Price and Terms
6:30 PM - RECONVENE OPEN SESSIO N AND REP ORT ON AN Y ACTIONS TAKEN IN
CLOSED SESSION
Heidi Quinn, Interim City Attorney reported out Closed Session: Council met in Closed Session with regard to the two items listed. Council gave direction and no reportable action was taken.
5. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE (Please stand)
6. SPECIAL PRESENTATIONS:
a. Smoke Alarm Presentation
7. COUNCIL AND STAFF ANNOUNCEMENTS:
Council Member McCarthy – Attended the fire department open house this week . Attended the AMBAG meeting last week, interesting statistic on the regional growth forecast.
Mayor Pro Tem Medina Dirksen – Announced a Lead Me Home S ummit will be taking place this Thursday to address homelessness. Commented on the new branding for See Monterey by the Monterey County Convention and Visitor Bureau.
Council Member Visscher – Commented on the welcome rece ption for Sister City Namw on, South Korea delegates arranged by Council Member Biala.
Council Member Bia la – Announced Namwon was here from October 12-15, 2023. We had 2 sets of receptions and took them on a tour of Marina, did the Handcars and went to the Monterey Aquarium. Spoke about the student exchange program with Friendship Izunokuni, Japan first of 3 during the academic year and there were 6 Japane se students and 6 American students from Marina High.
Public Works Director Brian McMinn – Announced on Wednesday, October 28 th starting at 3:00pm will be a public workshop on the downtown streetscape and landscaping onlong Del Monte Blvd. and Reservation Rd. making it more inviti ng to pedestrians , bicycles and business activities.
Assistant City Manager, Matt Mogensen – Provided a brief update on t he Below Market Rate (BMR) Housing Lottery that took place on October 16, 2023, and the next steps for program.
Mayor Pro Tem Medina Dirksen announced a change to the consent agenda, item 10g(1) will not include the MOU ’s for the Police Officer ’s Association or the Unrepresented Confidential Employees.
MINUTES for City Council Meeting of Tuesday, October 17, 2023 Page 3
8. PUBLIC COMMENT: Any member of the public may comment on any matte r within the City Coun cil’s juri sdiction that is not on the agenda. This is the appro priate 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 matter is being considered by the City Council . Whenever possible, written correspondence should be submitted to the Council in advanc e of the meeting, to provide adequ ate time for its consideration.
• Kim Keller, Teamster 890 – Commented on Las Animas Concrete. • Rubin Perez – Here to plead to keep Las Animas op en. Expressed reasons why the concrete plant should remain open.
• Jeff Dee – Spoke about Las Animas Concrete being a “mom & pop” run by family members.
Hoping something and be worked out and asked Council to reconsider closing this business. • Fransisco Rodriguez – Monterey Bay Central Labor Council and here to sup port our fellow workers. Encouraged council and staff to continue to work with Las Animas. • Anthony Cicados – Here is support of Las Animas Concrete indicated closing them will have a domino effect on local families. Asked to keep the facility open. • Michelle Bacon – Commented on a situation that took place a t the Marina Equestrian Center related to the condition of the horses.
• Chandler Roland – Commented on the MST Surf Line Project and asked Council to reject the project.
9. CONSENT AGENDA FOR THE SUCCESS OR AGENCY TO THE FO RMER MARINA REDEVELOPMENT AGENCY: Background information has been provide d to the Successor Agency of the former Redevelopment Agency on all matters listed under the Consent Agenda, and these items are consider ed to be routine and non -controversial. All items under t he 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 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 C onsent 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.
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 m otion being made, any member of City Council may ask a questio n 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 103264-103345, totaling $982,974.59. b. MINUTES: (Not a Project under CEQA per Article 20, Section 15378) (1) October 3, 2023, Regular City Council Meeting
c. CLAIMS AGAINST THE CITY: None
d. AWARD OF BID: None
MINUTES for City Council Meeting of Tuesday, October 17, 2023 Page 4
e. CALL FOR BIDS: None
f. ADOPTION OF RESOLUTIONS: None
g. APPROVAL OF AGREEMENTS:
(1) Adopting Resolution No. 2023-100, adopting an MOU between the City and the Utility Workers Union of America (UWUA) , the Mid- Management Employees Association (MMEA), Marina Pol ice Officers’ Association (MPOA), Unrepresented and Confidential employees .
CEQA: Not a Project per CEQA Guidelines Section 15378.
h. ACCEPTANCE OF PUBLIC IMPROVEMENTS:
(1) Adopting Resolution No. 2023-101, accepting the completion of the Glorya Jean-Tate Park Site Improvements and Pump Track Project. (not a project as defined by the California Environmental Quality Act (CEQA). (2) Adopting Resolution No. 2023 -102, accepting the completion of the California Avenue Pedestrian Crossing Installatio n Project. (not a project as defined by the California Environmental Quality Act (CEQA). 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 adopting Ordinance No. 2023-12, amending the Marina Municipal Code Section 17.48 .130, Affordable Housing Overlay, to be consistent with re cent legal precedent . CEQA: Mitigated Negative Declaration adopted 2/7/2023; No further environmental review requir ed per CEQA Guidelines Section 15162
(2) Read by Title On ly an d ado pting Ordinance No. 2023 -13, adding Chapter 15.60 regarding a Moratorium on cutting reconstructed or slurry sealed streets in in the City of Marina. (Not a Project under CEQA per Article 20, Section 15378)
m. APPROVE APPOINTMENTS: None
BIALA/MCCARTHY: TO APPROVE THE CONSENT AGENDA WITH
MODIFICATIONS TO 10g(1) OMITTING THE MOU ’S FOR THE POLICE OFFICERS ASSOCIATION AND THE UNREPRESENTATIVE -CONFIDENTIAL EMPLOYEES. 4- 0-1(Delgado)-0 Motion Passes
11. PUBLIC HEARINGS: In the Council’s discretion, the applicant/proponent of an item may be given up to ten (10) minu tes to spe ak. All othe r person s may be given up to three (3) minutes to speak on the matter.
a. Open a public hearing and consider introducing and reading by title only and waiving further reading of Ordinance 2023-, adopting a new Chapter 17.68 to the Mari na Municip al Code (MMC ) pertai ning to Temporary Use Permits.
The proposed amendments are exempt from CEQA per Sections 15304(e) and 155378(b)(5).
Mayor Pro Tem Medina Dirksen opened the public hearing for comments: None received.
MINUTES for City Council Meeting of Tuesday, October 17, 2023 Page 5
BIALA/VISSCHER: TO INTRODUCE AND READING BY TITLE ONLY, WAIVING FURTHER READING OF ORDINANCE 2023 -, ADOPTING A NEW CHAPTER 17.68
TO THE MARINA MUNICIPAL CODE (MMC) PERTAINING TO TEMPORARY USE PERMITS. 4-0-1(Delgado)-0 Motion Passes
12. OTHER ACTIONS ITE MS OF THE SUCCESSOR AGENC Y TO THE FORMER MARINA REDEVELOPMENT AGENCY: Action listed for each Agenda item is tha t 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 m ay, at its discretion, take action on any ite ms. Members of the public may be given up to three (3) minutes to speak.
Note: No additional maj or projects or programs should be unde rtaken w ithout review of the impacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). a. Adopting Resolution No. 202 3-103, receiving Marina Police Department ’s 2023 Annual Military Equipment Report. CEQA: Not a Project per CEQA Guidelines Section 15378
Public Comments: None received.
MCCARTHY/BIALA: TO ADOPT RESOLUTION NO. 202 3-, RECEIVING MARINA POLICE DEPARTMENT’S 2023 ANNUAL MILIT ARY EQUIPMENT REPORT . 4 -0- 1(Delgado)-0 Motion passes.
b. Adopting Resolution No. 2023 -104, approving Amendment No. 7 to the agreement betwee n the City of Marina and Save the Whales of Seaside, California, to provide professional services f or the City of Marin a’s Storm Water Program. CEQA: Not a Project per CEQA Guidelines Section 15378 VISSCHER/MCCARTHY: TO ADOPT RESOLUTION NO. 2023 -104, APPROVING AMENDMENT NO. 7 TO THE AGREEMENT BETWEEN THE CITY OF MARINA
AND SAVE THE WHALES OF SEASIDE, CALIFORNIA, TO PROVIDE
PROFESSIONAL SERVICES FOR THE C ITY OF MARINA’S STORM WATER PROGRAM; AND FOR STAFF TO WORK WITH SAVE THE WHALES ON THEIR
PUBLIC OUTREACH BEFORE DISSEMINATION FOR FINAL COMMENTS AND SUGGESTIONS; AND THAT THE WATER QUALITY RESULTS OF THE VERNAL
POND STUDY EITHER COME BACK TO US EITHER IN I N WRITTEN FORMAT OR
IF STAFF WOULD LIKE TO PROVIDE SOME INTERPRETATION WITHIN THE NEXT COUPLE MONTHS. 4-0-1(Delgado)-0 Motion Passes
c. City M anager update on Consolidated Project List and other City projects .
CEQA: Not a Project per CEQA Guidelines Section 15378
City Manager Long provided a verbal update on the top 30 of the city’s Consolidated Project List.
14. COUNCIL & STAFF INFORMATIONAL REPORTS:
a. Monterey County Mayor’s Association [Mayor Bruce Delgado] MINUTES for City Council Meeting of Tuesday, October 17, 2023 Page 6
b. Council reports on meet ings and conferences att ended (Gov’t Code Sec tion 53232).
15. ADJOURNMENT: The meeting adjourned at 9:50 PM
Anita Sharp, Deputy City Clerk
ATTEST:
Cristina Medina Dirksen
Mayor Pro Tem