MINUTES
Tuesday, December 19, 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 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 Medina Dirksen
3. PUBLIC COMMENT ON CLOSED SESSION: None received.
MINUTES for City Council Meeting of Tuesday, December 19, 2023 Page 2
4. CLOSED SESSION:
a. Performance Evaluation of P ublic Empl oyee, Unrepresented Employee (CA Govt. Code Section 54957(b)(1) – City Manager
6:30 PM - RECONVENE OPEN SESSION AND REP ORT ON ANY ACTIONS TAKEN IN
CLOSED SESSION
5. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE (Please stand)
6. SPECIAL PRESENTATIONS:
a. Marisa Hurtley, Code Enforcement Officer
b. Dan Paolini Proclamation
c. Joan Ford Proclamation
7. COUNCIL AND STAFF ANNOUNCEMENTS:
• Mayor Delgado – Commented on the Recreation Depa rtment 2023 Winterfest that w as held on December 17 th, kudos to the Recreation Department t eam; also announced that on December 24th there will be a clean-up of the area at Reservation Rd/Crescent Ave. • Interim Police Chief Russo – Announced on the first Sunday o f the month the Marina Police Department will have a booth at the Marina Famer’s Market. • City Manager Long – Announced the all-city offices will be closed for Winter Break from Friday, December 22, 2023, through Monday, January 1, 2024.
8. PUBLIC COMMENT: Any member of the public may comm ent 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 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 b y 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.
• Alyssa Rendon, MCCVB/See Monterey – Provided update on what “See Monterey” is doing. • Michelle Overmeyer, MST – provided update on MST Surf Line Project • Denise Turely – Asked who the appropriate person is to call for city vehicles with or without logos.
• Mia Nguyen – Commented on the MST Surf Line project.
• Fred Watson – Requested to pull agenda item 10f(1)
• Doug Yount – Commented on the retirement of Dan P aolini. Commented on the priority of the Dunes projects and the deconstruction of the barracks on Third Ave. • Maureen D. – Commented on agenda item 10g(1) , modification to insurance requirements for Chaparral.
MINUTES for City Council Meeting of Tuesday, December 19, 2023 Page 3
9. CONSENT AGENDA FOR THE SUCC ESSOR 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 ro utine and non -controversial. All items under th e Consent Agenda are n ormally 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 Consent Agenda for individual consideration. If an i tem is pulled for discussion, it will be placed at the en d of Other Action Items Successor Agency to the former Marina Redevelopment Agency. a. Successor Agency for the City of Marina adopting Resolution No. 2023 -06 (SA/MRA), approving the Successor Agency for the City of Marina Recognized Obligation Payment Schedule (ROPS) 24-25.
Public Comments: None received.
DELGADO/BIALA: TO APPROVE THE SUCCESSOR AGE NCY CONSENT AGENDA. 4-0-1(Medina Dirksen)-0 Motion Passes
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 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 103658- 103736, totaling $274,097.60.
Accounts Payable Successor Agency Check Number 118, totaling $5,430.00. b. MINUTES: (Not a Project under CEQA per Article 20, Section 15378) (1) December 5, 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. 2023 -134, approving changes to the hydroseed mixture s for Hilltop Park at The Dunes. (This item is exempt from environmental review per §15378 of the CEQA guidelines). Pulled by member of the public. g. APPROVAL OF AGREEMENTS:
(1) Approving a n amendment to the concessionaire agreement with Chaparral Country Corporation, Inc. to modify the insurance requirement to correspond to commercially feasible coverage. (This item is exempt from environmental review per §15378 of the CEQA guidelines). (2) Adopting Resolution No. 2023-132, approving MOU Labor Agreement between the City of Marina and the Marina Police Officers’ Association and a Compensation Plan for Unrepresented and Confidential MINUTES for City Council Meeting of Tuesday, December 19, 2023 Page 4
Employees, including an amendment to city salary schedule for Fiscal Year 2023/24 (This item is exempt from environmental review per §15378 of the CEQA guidelines). h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
i. MAPS: None
j. REPORTS: (RECEIVE AND FILE):
(1) Adopting Resolution No. 2023 -133, receiving and filing the fiscal year 2022-2023 annual report on the collection and use of mitigation fees for new development impacts. (This item is exempt from environmental review per §15378 of the CEQA guidelines).
(2) Receiving Investments Reports for the City of Marina, City of Marina as Successor Agency to the Marina Redevelopment Ag ency, and Preston Park S ustainable Co mmunity Non -profit Corpor ation (PPSC -NPC) for the quarter end ed September 30, 2023. (This item is exempt from environmental review per §15378 of the CEQA guidelines).
k. FUNDING & BUDGET MATTERS: None
l. APPROVE ORDINANCES (WAIVE SECOND READING):
(1) Read by Title Only an d adopting Ordinance No. 202 3-15, amending Title 10 of the Marina Municipal Code to regulate Mobile Food Vending and sidewalk vending. The p roposed amen dments are exempt from CEQA per section 15060(c)(2) and 15061(b)(3).
m. APPROVE APPOINTMENTS: None
Fred Watson requested to pull agenda item 10f(1)
MCCARTHY/DELGADO: TO APPROVE THE CONSENT AGENDA MINUS 10f(1). 4-0- 1(Medina Dirksen)-0
10f(1)
Public Comments:
• Fred Watson – Commented on Hilltop Park’s native plant theme in th e specific plan and the use of those plants.
• Don Hofer – Stated MCP is not looking to add any new plants or change anythi ng that was previously approved by this council. Just want to be able to move the project forward.
DELGADO/VISSCHER: T O APPROVE RESOLUTION NO. 2023 -134, APPROVING
CHANGES TO THE HYDROSEED MIXTURES FOR HILLTOP PARK AT THE DUNES. 4-0-1(Medina Dirksen)-0 Motion Passes
11. PUBLIC HEARINGS: In the Council’s discretion, the applicant/proponent of an item may be give n 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 Ordinance No. 202 3-, amending the Marina Mun icipal Code , Section 2.04.010 regarding the City Council meeting time. (This item is exempt from environmental review per §15378 of the CEQA guidelines) MINUTES for City Council Meeting of Tuesday, December 19, 2023 Page 5
Mayor opened the public hearing for public comments: none received.
MCCARTHY/BIALA: TO APPROVE INTRODUCING ORDINANCE NO. 2023 -, AMENDING THE MARINA MUNICIPAL CODE, SECTION 2.04.010 REGARDING THE CITY COUNCIL MEETING TIME. 4-0-1(Medina Dirksen)-0 Motion Passes
12. OTHER ACTIONS ITEMS O F THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENCY: Action li sted for each Agenda item is th at 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 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 proje cts or programs should be undertaken without re view of the impacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). a. Adopting Resolution No. 2023 -135, approving Mayor’s 20 24 recommendation for Mayor Pro Tem and Cit y Council memb er assignments to various Committees/Commissions/Boards. (This item is exempt from environmental re view per §15378 of the CEQA guidelines.) Continued to December 19, 2023 Public Comments:
• Grace Silva-Santella – Commented on defining Mayor Pro Tem and their roles.
Council made the following corrections: Monterey County Mosquito District – Council Member Liesbeth Visscher (staff to contact district to get protocol for mid-term replacement); Community Human Ser vices – Mayor Bruce Delgado to serve as the alternate; TAMC Bike & Ped Committee – Council Member Liesbeth Visscher as primary member ; Economic Development Commission Liaison– Council Member Kathy Biala
VISSCHER/DELGADO: TO APPROVE RESOLUTION NO. 2023 -135, APPROVING MAYOR’S 2024 RECOMMENDATION FOR MAYOR PRO TEM AND CITY COUNCIL MEMBER ASSIGNMENTS TO VARIOUS COMM ITTEES/COMMISSIONS/BOARDS. 4-0-1(Medina Dirksen)-0 Motion Passes
b. Adopting Resolution No. 2023-136, approving regular City Council meeting schedule for 2024 Calendar Year. (This item is exempt from environmental review per §15378 of the CEQA guidelines). Pulled by Council Member Biala, was agenda item 1 0f(1).
Continued to December 19, 2023
Public Comments: None received.
Council discussed and agreed to cancel the second meetings in July and August 2024 for summer activities.
DELGADO/BIALA: TO APPROVE RESOLUTION NO. 2023 -136, APPROVING REGULAR CITY COUNCIL MEETING SCHEDU LE FOR 2024 CALENDAR YEAR . 4- 0-1(Medina Dirksen)-0 Motion Passes
MINUTES for City Council Meeting of Tuesday, December 19, 2023 Page 6
(1) Council consider options for the format of public comment and provide directions to staff . (This item is exempt from enviro nmental review p er §15378 of the CEQA guidelines). Item not discussed.
c. Adopting Resolution No. 202 3-137, approving a Professional Services Agreement with EMC Planning Group, Inc. totaling $33,647.50 , for the preparation of a gra nt application to the Californ ia Coastal Conservancy for funding parking lot and coastal access trail improvements at the Fort Ord Dunes State Park . (This item is exempt from environmental review p er §15378 of the CEQA guidelines).
Pulled by Council Member McCarthy, was agenda item 10g(3). Continued to December 19, 2023
Public Comments: None received.
BIALA/MCCARTHY: TO APPROVE RESOLUTION NO. 2023 -137, APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH EMC PLANNING GROUP, INC.
TOTALING $33,647.50, FOR THE PR EPARATION OF A GRANT APPLICATI ON TO
THE CALIFORNIA COASTAL CONSERVANCY FOR FUNDING PARKING LOT AND
COASTAL ACCESS TRAIL IMPROVEMENTS AT THE FORT ORD DUNES STATE PARK. 4-0-1(Medina Dirksen)-0 Motion Passes
d. Adopting Resolution No. 202 3-138, approving a professional services agreement between the City of Marina and BEK Collective Inc. for preparing conceptual design s for the primary points of entry into the City and the Airport. (This item is exempt from environmental review p er §15378 of the CEQA guidelines). Pulled by Council Member McCarthy, was agenda item 1 0g(5). Continued to December 19, 2023
Public Comments: None received.
MCCARTHY/BIALA: TO APPROVE RESOLUTION NO. 2023 -138, APPROVING A
PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MARINA AND BEK COLLECTIVE INC. FOR PREPARING CONCEPTUAL DESIGNS FOR THE PRIMARY POINTS OF ENTRY INTO THE CITY AND THE AIRPORT. 4-0-1(Medina Dirksen)-0 Motion Passes
e. Adopting Resolution No. 2023-139, approving the Marina Library Butterfly Garden project and access agreeme nt with the Resource Conservat ion District of Monterey County. (This item is exempt from environmental review per §15378 of the CEQA guidelines).
Public Comments:
• Jeff Markham – Asked if more details could be provided and what's being proposed for this location at this time.
• Grace Silva-Santella – Noted Friends of the Marina Parks did the project to re move the non- native invasive grasses in the parking lot . Spoke about Friends of the Marina Library ha d worked on a native plant project adjacent to the building of the library and under the flagpole, believes the two projects can work together.
MINUTES for City Council Meeting of Tuesday, December 19, 2023 Page 7
DELGADO/VISSCHER: TO APPROVE RESOLUTION NO. 2023 -139, APPROVING
THE MARINA LIBRARY BUTTERFLY GARDEN PROJECT AND ACCESS
AGREEMENT WITH THE RESOURCE CONSERVATION DISTRICT OF
MONTEREY COUNTY. 4-0-1(Medina Dirksen)-0 Motion Passes
f. Adopting Resolution No. 202 3-141, and Resolution No. 202 3-04 (NPC), approving Amendment No. 5 to extend f or one year the Ame nded Management Agreement Between City of Marina, City o f Marina Abrams B Non-Profit Corporation, and Greystar California, Inc. f or Abrams B Hous ing Area; AND adopting Resolution No. 2023-142, and Resolution No. 2023-04 (PPSC-NPC), approving Amendment No. 5 to extend for one year the Amended Management Agreement Between City of Marina, City of Mari na Preston P ark Sustainable Community Non-Profit Corporation, and Greystar California, Inc. for Preston Park Housing Area approval by the City Attorney/Non-Profit Corporation Legal Counsel. (This item is exempt from environmental review per §15378 of the CEQA guidelines).
Public Comments:
• Denise Turley – Commented on starting the b udget process earl ier this for the Abrams and Preston Park, who’s doing what and has what role.
DELGADO/BIALA: TO APPROVE RESOLUTION NO. 2023 -141, AND RESOLUTION NO. 2023-04 (NPC), APPROVING AMENDMENT NO. 5 TO EXTEND FOR ONE YEAR
THE AMENDED MANAGEMEN T AGREEMENT BETWEEN CITY OF MARINA,
CITY OF MARINA ABRAMS B NON-PROFIT CORPORATION, AND GREYSTAR CALIFORNIA, INC. FOR ABRAMS B HOUSING AREA; AND ADOPTING RESOLUTION NO. 2023 -142, AND RESO LUTION NO. 2023 -04 (PPSC -NPC), APPROVING AMENDMENT NO. 5 TO EXTEND FOR ONE YEAR THE AMENDED
MANAGEMENT AGREEMENT BETWEEN CITY OF MARINA, CITY OF MARINA
PRESTON PARK SUS TAINABLE COMMUNITY N ON-PROFIT CORPORATION, AND GREYSTAR CALIFORNIA, INC. FOR PRESTON PARK HOUSING AREA
APPROVAL BY THE CITY ATTORNEY/NON -PROFIT CORPORATION L EGAL COUNSEL. 4-0-1(Medina Dirksen)-0 Motion Passes
g. Adopting Resolution No. 2023 -143, approving an agreement with Shute, Mihaly & Weinberger to provide City Attorney services for the Cit y of Marina. (This item is exempt from environmental review per §15378 of the CEQA guidelines).
Public Comments: None received.
DELGADO/VISSCHER: TO ADOPT RESOLUTION NO. 2023 -143, A PPROVING AN
AGREEMENT WITH SHUTE, MIHALY & WEINBERGER TO PROVIDE CITY ATTORNEY SERVICES FOR THE CITY OF MARINA. 4-0-1(Medina Dirksen)-0 Motion Passes
MINUTES for City Council Meeting of Tuesday, December 19, 2023 Page 8
h. Receive presentation from Team Civ X r egarding a p roposed City General Facility Bond measure and receive dir ection from Cou ncil. (This item is exempt from environmental review per §15378 of the CEQA guidelines).
Public Comments:
• Mark Sweeney – Spoke about the need to relocate the fire station to a better location to help get better response times; and concerns about different parts of the bond and how they're tied together.
i. Adopting Resolution No. 2023-140, amendment to the Authorized Allocation plan adding two Division Fire Chief positions and three firefighter positions and authorizing staff to apply for a 2024 Fire SAFER grant . (This item is exempt from environmental review per §15378 of the CEQA guidelines).
Public Comments:
• Mark S weeney – Commented on current staffing levels and the need for the additional personnel to help ease safety issues and provide better service to the public.
BIALA/MCCARTHY: TO APPROVE RESOLUTION NO. 2023 -140, AMENDMENT TO
THE AUTHORIZED ALLOCATION PLAN ADDING TWO DIVISION FIRE CHIEF
POSITIONS AND THREE FIREFIGHTER POSITIONS AND AUTHORIZING STAFF TO APPLY FOR A 2024 FIRE SAFER GRANT. 4-0-1(Medina Dirksen)-0 Motion Passes
j. City M anager update on Consolidated Project List and other City projects .
CEQA: Not a Project per CEQA Guidelines Section 15378. Item not discussed.
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 Sectio n 53232).
15. ADJOURNMENT: The meeting adjourned at 10:55 PM
Anita Sharp, Deputy City Clerk
ATTEST:
Bruce C. Delgado, Mayor