MINUTES
Tuesday, November 21, 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 communic ation 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 re ceived 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, Mayor/Chair Bruce C. Delgado
3. PUBLIC COMMENTS ON CLOSED SESSION: None received
MINUTES for City Council Meeting of Tuesday, November 21, 2023 Page 2
4. CLOSED SESSION:
a. Conference with Legal Counsel, Existing Litigation (§ 54956.9(d)) 3 cases:
(1) City of Marina, et al. vs. California Coastal Commission, Monterey County Superior Court Case No. 22CV004063. (2) City of Marina, et al. vs. Nemeth, Karla, et al., Monterey County Superior Court Case No. 19CV005270. ; (3) City of Marina, et al. v. RMC Lonestar, et al., Monterey County Superior Court Case No. 20CV001387.
b. Conference with Legal Counsel, Anticipated litigation, Initiation of litigation pursuant to § 54956.9(c): One case
c. Conference with Real Property Negotiations (§ 54956.8) i. Property: 721 Neeson Road, Marina, CA
Negotiating Parties: Jacklyn Foust, Skydive Monterey Bay Agency Negotiation: Layne Long
Under Negotiation: Price and Terms of Payment
ii. Property: Marina Airport Hangar 524, 761 Neeson Road, Marina, CA 93933 Negotiating Parties: Joby Aero Inc
Agency Negotiation: Layne Long
Under Negotiation: Price and Terms of Payment
iii. Property: 3200 Imjin Road, Marina, CA
Negotiating Parties: Joby Aero Inc.
Agency Negotiation: Layne Long
Under Negotiation: Price and Terms of Payment
6:30 PM - RECONVENE OPEN SESSION AND REP ORT 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 five item s listed. For item 3a, Existing Litigation I had recused myself for a conflict of interest and Mayor Delgado will report out the actions for that. For item 3b and 3c (1- 3), council received information, gave directions and no reportable action was taken.
Mayor Delgado reported out for 3a, Council received information, gave direction.
5. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE (Please stand)
6. SPECIAL PRESENTATIONS:
a. Monterey-Salinas Transit Annual Update
b. Blus Zone Workplace Certification
7. COUNCIL AND STAFF ANNOUNCEMENTS:
• Council Membe r Biala – Announced the California Competes (CalCompetes) Grant Committee approved the allocation of grant funding for Joby A viation in the amount of $ 9.8 million towards the construction of its expansion facility at the Marina Municipal Airport. • Council Member McCarthy – Announced two Marina Foundation events, on December 1, 2023 at 6:00 pm is the Tree Lighting at Vince DiMaggio Par k; and on December 2, 2023 is the Santa Run at 10:00am.
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• Mayor Pro Tem Medina Dirksen – Stated there’s still time t o purchase Wreaths through the Marina Foundation, proceeds to towards the Gordon Nakagawa Scholarship Program. Also mentioned the Hand Cars will be operating this weekend. • Interim Police Chief Russo – Explained what the Santa Run is about. Santa will be traveling the streets of Marina in a Fire Tr uck escorted by the Marina Police Department. This will take place on December 2, 2023, starting around 10:00am. • Recreation Director Willer – Announced t he C ommunity Thanksgiving dinner on Thanksgiving Day at the Community Center and there will be two eating times. First time is 11:00am and the second time is at 12:30 pm. Comment ed on the Dece mber 1, 2023 Tree Lighting event at Vince DiMaggio Park.
Mayor Delgado announced the Public Comment period for non-consent agenda items will be heard at the end of the meeting and that Agenda Item 10f(2) was being pulled from the agenda to a date uncertain.
8. PUBLIC COMMENT: Any member of the public may comment on any matter within the City Council’s juri sdiction that is no t 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 o n 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 meeting, to provide adequate time for its consideration.
• Nancy Amadeo – concerned about the wording for 10g(2) of the consent agenda. It says and uninsured Skydive Monterey Bay and asked if that meant that Skydive Monterey Bay has no insurance?
9. CONSENT AGENDA FOR THE SUCCESSOR AGENCY TO THE F ORMER MARINA REDEVELOPMENT AGENCY: Background information has been provided to the Successor Agency of the former Redevelopment Agency on all matters listed un der the Consent Agenda, and these items are considered to be routine and no n-controversial. All items under th e Consent Age nda 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 it em 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.
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, a ny member of City Council may ask a question or make a commen t 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: This item is exempt fro m environmental review per §15378 of the CEQA guidelines.
(1) Accounts Payable Check Numbers 103477-103562, totaling $292,036.79.
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b. MINUTES: This item is exempt from environmental review per §15378 of the CEQA guidelines. (1) November 7, 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. 2023-, extending the appointment of the current Tree Committee members for one year or until January 1, 2025. (This item is exempt from environmental review per §15378 of the CEQA guidelines. Pulled by Council Member McCarthy, becomes agenda item 11c
(2) Adopting Resolution No. 2023-, approving mural design for east wall of lower Locke Paddon Park restrooms . (This item is exempt from env ironmental review per §15378 of the CEQA guidelines. Item pulled from agenda by staff, to be heard at a date uncertain
g. APPROVAL OF AGREEMENTS:
(1) Adopting Resolution No. 2023 -116, approving a Professional Services Agreement with Design Path Studio (Consultant) for the development of pre-approved accessory dwelling unit (ADU) building plans in compliance with the California Building Code (CBC) and Titles 15 and 17 of the Marina Municipal Code (MMC). This item is exempt from environmental review per Sections 15062(c)(2) and 15061(b)(3) of the CEQA guidelines. (2) Adopting Resolution No. 2023 -117, amending a Lease Agr eement between the City of Marina and Uninsured Skydive Monterey Bay, Inc. dba Skydive Monterey Bay. for a portion of 721 Neeson Road (Building 533) at the Marina Municipal Airport . (This item is exempt from environmental review per §15378 of the CEQA guidelines).
(3) Adopting Resolution No. 2023 -118, approving the creation of a needs- based assistance program to provide access to recreation & cultural services programs and service s. (This item is exempt from environmental review per §15378 of the CEQA guidelines)
(4) Adopting Resolution No. 2023 -119, approving an agreement between the City of Marina and Monter ey Bay Moves to provide group exercise classes. (This item is exempt from environmental review per §15378 of the CEQA guidelines). (5) Adopting Resolution No. 2023-120, approving the Phase 2 North Public Improvement Agreement between City of Marina and Shea Homes, Lp, accepting and authorizing the City Manager to execute the Public Improvement Agreement on behalf of city subject to final review and approval by the City Attorney, and authorizi ng the City Manager or his designee to execute a gran t deed for the conveyanc e of the extension of 2nd Avenue, and to take all other actions necessary to accept and record said grant deeds on behalf of the City of Marina. This project is exempt from further environmental review per Section 15162 of the CEQA guidelines as the impacts were previously assessed in the University Village EIR
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(6) Adopting Resolution No. 2023 -121, approving the Phase 2 West/Residential Public Improvement Agreement be tween the City of Marina and Shea Homes, LP . This project is exempt from f urther environmental review per Section 15162 of the CEQA guidelines as the impacts were previously assessed in the University Village EIR h. ACCEPTANCE OF PUBLIC IMPROVEMENTS:
(1) Adopting Resolution N o. 2023 -122, accepting the com pletion of the City of Marina -Dr. Martin Luther King Jr. Sculpture Garden Project .
This item is exempt under CEQA per Article 20 Section 15378 and under General Rule Article 5 Section 15061.
i. MAPS:
(1) Adopting Resolution No. 2023 -123, approving the Phase 2 West/Residential Final Map for The Dun es on Monterey Bay Development Project Subdivision . This project is exempt from further environmental review per Section 15162 of t he CEQA guidelines as the impacts were previously asses sed in the University Village EIR
j. REPORTS: (RECEIVE AND FILE): None
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(1) and made comments on agenda item 10h(1).
Mayor Pro Tem Medina Dirksen asked quick questions on agenda items 10g(3) and 10g(4) BIALA/VISSCHER: TO APPROVE THE CONSENT AGENDA MINUS AGENDA ITEMS 10f(1) AND 10f(2). 5-0-0-0 Motion Passes
11. PUBLIC HEARINGS: In the Council’s discretion, the applicant/proponent of an item may be gi ven up to ten (10) minutes to speak. All other persons may be given up to three (3) minutes to speak on the matter.
12. OTHER ACTIONS I TEMS OF THE SUCCESSOR AGENCY TO THE FO RMER MARINA REDEVELOPMENT AGENCY: Action listed for each A genda item is 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 Agenda item is that which is requeste d by staff. The City Council may, at its discretion, take action on any i tems. Members of the public may be given up to three (3) minutes to speak.
Note: No additional 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 -124, approving a co rrection to Executive Directors salary adjustments, and authorizing adjustments to the City’s Salary Schedule and Compensation Plan . (This item is exempt from environmental review per §15378 of the CEQA guidelines).
Public Comments: None received.
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MCCARTHY/BIALA: TO ADOP T RESOLUTION NO. 2023 -124, APPROVING A
CORRECTION TO EXECUTIVE DIRECTORS SALARY ADJUSTMENTS, AND AUTHORIZING ADJUSTMENTS T O THE CITY’S SALARY SCHEDULE AND COMPENSATION PLAN. 5-0-0-0 Motion Passes
b. Adopting Resolution No. 202 3-125, approving the entrance into a 2 4-Month service agreement for the leasin g of twenty (20) Automated License Plate Reader (ALPR) Cameras from Fl ock Group, Inc. with a to tal cost not to exceed $130,000.00 (Estimated Year 1 Cost - $66,000.00 & Year 2 Cost - $60,000.00), and; consider waiving the City’s formal bid proc ess. Not a project as defined by the California Environmental Quality Act (CEQA) (CEQA Guidelines Section 15378).
City Council discussed the use for the cameras, who would have access to the files and where the cameras would be placed.
Public Comments:
• Margaret Davis – Opposes the placement of FLOCK cameras in Marina, believe it’s the beginning of a surveillance state and extremely vulnerable for abuse. Not impressed by endorsement by the ACLU. Urge council not to implement this.
MCCARTHY/MEDINA DIRKSEN: TO ADOPT THE REVISED RESOLU TION NO . 2023-125, APPROVING THE ENTRANCE INTO A 24 -MONTH SERVICE AGREEMENT FOR THE LEASING OF TWENTY (20) AUTOMATED LICENSE PLATE READER (ALPR) CAMERAS FROM FLOCK GROUP, INC. WITH A TOTAL COST NOT TO EXCEED $130,000.00 (ESTIMA TED YEAR 1 COST - $66,000.00 & YEAR 2 COST - $60,000.00), AND CONSIDER WAIVING THE CITY’S FORMAL BID PROCESS. 5-0-0-0 Motion Passes
c. Adopting Resolution No. 2023-126, extending the appointment of the current Tree Committee members for one year or until January 1, 2025. (This item is exempt from environmental review per §15378 of the CEQA guidelines. Pulled by Council Member McCarthy, was agenda item 10f(1)
City Council discussed current process for appointment to commission and would like to look into modifying the process in the future.
Public Comments: None received.
BIALA/DELGADO: TO ADOPT RESOLUTION NO. 2023 -126, EXTENDING THE
APPOINTMENT OF THE CURRENT TREE COMMITTEE MEMBERS FOR ONE YEAR OR UNTIL JANUARY 1, 2025. 5-0-0-0 Motion Passes
PUBLIC COMMENTS ON CONSENT AGENDA:
• Chandler Roland – Commented on the MST presentation ; the Surf Line Project with estimated travel savings and the $100,000,000 in tax grant funding associated with it. Asked Council to reject this project.
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• Glenn Woodson – Suggested alternating from in-person and online public comments to keep it even. Commented on the new Starbucks driveways, specifically the exit onto D el Monte.
Developer told council and planning commission this was an exit route, and it is clearly marked enter/exi t. Also comm ented on t he potential mural a t the Locke Paddon Park restrooms.
• Lisa Berkley – Thanked staff/council for pulling item number 10f(2). This was a controversial item and was not hand led correctly. Better procedure is needed for items like this.
• Nancy Amadeo – Commented on the mural project and suggested Marina Yo uth Arts could. be involved and that w omen of the Marina C ommunity be honored. Suggested hav ing a contest for local arti sts to submit their work. Commented on the lack of process f or public art.
• Grace Silva -Santella – Commented on the Blue Zone Presentation . Submitted/emailed correspondence on agenda item 10f(2), the mural project . City needs written guidelines or a formal process for public art on public land or private property. Property owners should have a say on what art is placed around the city.
• Mia Ng uyen – Commented on the MST Pre sentation. Does not believe the ridership numbers are accurate. Asked to see specifics on how this would benefit Marina.
14. COUNCIL & STAFF INFORMATIONAL REPORTS:
a. Monterey County Mayor’s Association [Mayor Bruce Delgado] b. Council reports on meetings and conferences attended (Gov’t Code Section 53232).
15. ADJOURNMENT: The meeting adjourned at 9:17 P.M.
Anita Sharp, Deputy City Clerk
ATTEST:
Bruce C. Delgado, Mayor