MINUTES
Tuesday, April 16, 2024 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 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.
Council Member McCarthy requested to attend the meeting remotely under AB2449.
BIALA/VISSCHER: TO APPROVE COUNCIL MEMBER MCCARTHY’S REQUEST FOR EMERGENCY ATTENDANCE UNDER AB 2994 . 3-0-1(Delgado)-0 Motion Passes by majority at time of quorum.
1. CALL TO ORDER
2. ROLL CALL & ESTABLISHMENT OF QUORUM: (City Council, Airport Commissioners, Marina Abrams B Non -Profit Corporation, Preston Park Sustainable Communities Nonprofit Corporation, Successor Agency of the Former Redevelopment Agency Members and Marina Groundwater Sustainability Agency)
MINUTES for City Council Meeting of Tuesday, April 16, 2024 Page 2
MEMBERS PRESENT: Jennifer McAdams, Brian McCarthy (Remote AB 2449 ), Kathy Biala, Mayor Pro -Tem/Vice Chair Liesbeth Visscher, Mayor/Chair Bruce C.
Delgado (Arrived at 5:05 PM)
3. PUBLIC COMMENT ON CLOSED SESSION ITEMS:
4. CLOSED SESSION:
a. Conference with Legal Counsel, Existing Litigation (§ 54956.9(d)) 3 cases:
(1) City of Marina, et al. vs. Nemeth, Karla, et al., Monterey County Superior Court Case No. 19CV005270.
(2) California-American Water Company v. All Persons Interested in the Validity of the City of Marina et al., Monterey County Superior Court Case No. 20CV002436.
(3) City of Marina, et al. v. All Persons Interested in the Validity of the Monterey County Groundwater Sustainability Plan , Monterey County Superior Court Case No. 21CV000493.
b. Real Property Negotiation (Govt. Code Section 54956.8) i. Property: 3005 Max Circle, Marina, CA
Negotiating Party: Monterey County Assessor/Blankenship Negotiator(s): City Manager
Terms: Price and Terms
c. Public Employment Appointment (§54957)
Position: City Attorney
6:30 PM - RECONVENE OPEN SESSION AND REPORT ON ANY ACTIONS TAKEN IN
CLOSED SESSION
The city Attorney reported out Closed Session: There was direction given, but there was no, reportable action taken.
5. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE (Please stand)
6. SPECIAL PRESENTATIONS:
a. Proclamations
i. Small Business Week
ii. Cathy Meachum
iii. Ed Meachum
b. Presentation on MPUSD Improvements, PK Diffenbaugh
7. COUNCIL AND STAFF ANNOUNCEMENTS:
• Alyson Hunter – Informed the public that the Planning Department now has free pre - approved ADU Plans available. Also, announced on April 27 th from 10:00am-12:00pm at the Marina Community Center will be the Marina Land Use Planning Workshop. This workshop will cover the proposed land use alternative for the 2045 General Plan Update, the 2024 Local Coastal Program update and the Gateway Signage Project. • Mayor Delgado – Commented about the Marina Earth Day event on April 13 th and the great turnout, new Bourne Learning Trail to enjoy. Announced on April 21 st from 10:00am - 1:00pm will be another Hilltop Park planting event.
MINUTES for City Council Meeting of Tuesday, April 16, 2024 Page 3
8. PUBLIC COMMENT: Any member of the public may comment on any matter within the City Council’s jurisdiction that is not on the agenda. This is the appropriate place to comment on 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 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 advance of the meeting, to provide adequate time for its consideration. • Brad Imamura – Commented on the Dunes CFD 2015 -01 levied on the properties and asked what is the current balance of the tax fund? What has been spent so far from the funds? • Jeff Markham – Thanked Juan in the public works department for maintaining the Cypress Knolls fencing. Commented on PK Diffenbaugh’s presentation on the schools and MST bus lines within Marina.
• Howard Gustafson – Commented on and opposes the MST Surf Line Project.
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 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 item 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, any 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 104291-104389, totaling $741,190.20.
Accounts Payable Successor Agency Check Number 122 and EFT 96, totaling $1,925.12.
b. MINUTES: (Not a Project under CEQA per Article 20, Section 15378) (1) April 2, 2024, Regular City Council Meeting
c. CLAIMS AGAINST THE CITY: None
d. AWARD OF BID: None
e. CALL FOR BIDS: None
f. ADOPTION OF RESOLUTIONS: (Not a Project under CEQA per Article 20, Section 15378) (1) Adopting Resolution No. 202 4-, approving the grant of funds from the State Coastal Conservancy for Monterey Bay Coastal Trail – Fort Ord Dunes State Park access improvements. (Not a Project under CEQA per Article 20, Section 15378) Pulled by Council Member McCarthy, becomes agenda item 13a
MINUTES for City Council Meeting of Tuesday, April 16, 2024 Page 4
(2) Adopting Resolution No. 2024 -32, objecting to the proposes sale of a tax-defaulted property in the City of Marina, finding the acquisition such property is exempt from the California Environmental Quality Act (CEQA), and authorizing the City Manager to execute an application to purchase tax -defaulted property from the County of Monterey [APN 032-411-063-000]. (Not a Project under CEQA per Article 20, Section 15378 (3) Adopting Resolution No. 2024 -33, approving a waiver of Conflict of Interest and Consent to Represent City of Marina and authorizing the city manager to execute the waiver. (Not a Project under CEQA per Article 20, Section 15378)
g. APPROVAL OF AGREEMENTS: (Not a Project under CEQA per Article 20, Section 15378) 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):
m. APPROVE APPOINTMENTS:
Council Member McCarthy requested to pull agenda item 10f(1) for comments and questions.
Council Member McAdams, corrections to agenda item 10b(1), noted her name was missing from roll call.
Mayor Pro Tem Visscher, corrections to agenda item 10b(1), page 4, Motion # 3 to remove two words “or so” from the minutes.
DELGADO/BIALA: TO APPROVE THE CONSENT AGENDA MINUS 10f(1) AND WITH THE NOTED CORRECTIONS TO AGENDA ITEM 10b(1) . 5-0-0-0 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 ten (10) minutes to speak. All other persons may be given up to three (3) minutes to speak on the matter.
a. Consider introducing Ordinance No. 2024 -04, amending Marina Municipal Code (MMC) Section 17.62.090.A to change the term for Tree Committee members from one year to two years. This action is exempt from environmental review per § 15378 of the CEQA guidelines.
Mayor opened the public hearing for comments: None received.
MCADAMS/VISSCHER: TO APPROVE THE INTRODUCTION OF ORDINANCE NO. 2024-04, AMENDING MARINA MUNICIPAL CODE (MMC) SECTION 17.62.090.A TO
CHANGE THE TERM FOR TREE COMMITTEE MEMBERS FROM ONE YEAR TO TWO YEARS. THIS ACTION IS EXEMPT FROM ENVIRONMENTAL REVIEW PER § 15378 OF THE CEQA GUIDELINES. 5-0-0-0 Motion Passes by Roll Call Vote
MINUTES for City Council Meeting of Tuesday, April 16, 2024 Page 5
b. Consider introducing Ordinance No. 2024 -05, adding Chapter 8.70 (Public Nuisance), to the Marina Municipal Code based on findings and California Environmental Quality Act (CEQA) exemptions Sections 15060(c)(2) and 15061(b)(3) of the CEQA Guidelines.
Mayor opened the public hearing for comments:
• Jeff Markham – Asked what “attractive nuisance really” means. • Denise Turley – Asked how fireworks impact this ordinance.
Council discussion: City’s exemption from this ordinance . Religious displays, other cities ordinances, enforcement/compliance of ordinance, financial hardship policy; responsibility of sidewalk repairs, administrative procedures,
MCADAMS/BIALA: TO APPRO VE THE INTRODUCTION OF ORDINANCE NO. 2024-05, ADDING CHAPTER 8.70 (PUBLIC NUISANCE), TO THE MARINA
MUNICIPAL CODE BASED ON FINDINGS AND CALIFORNIA
ENVIRONMENTAL QUALITY ACT (CEQA) EXEMPTIONS SECTIONS
15060(C)(2) AND 15061(B)(3) OF THE CEQA GUIDELINES , WITH MINOR TEXT EDITS; AND DIRECT STAFF TO COMPOSE A SEPARATE POLICY RELATED TO FINANCIAL HARDSHIP OR FOR OTHER HARDSHIPS. 5-0-0-0 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, 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 projects or programs should be undertaken without review of the impacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). a. Adopting Resolution No. 2024 -34, approving the grant of funds from the State Coastal Conservancy for Monterey Bay Coastal Trail – Fort Ord Dunes State Park access improvements. (Not a Project under CEQA per Article 20, Section 15378) Pulled by Council Member McCarthy, was agenda item 10f(1)
The City Manager gave a summary of the staff report.
Discussion on agreeing to terms of an agreement that has not been seen, selected beach access routes, long-term management and maintenance of the existing trails and facilities and associated costs,
VISSCHER/BIALA: TO ADOPT RESOLUTION NO. 2024 -34, APPROVING THE
GRANT OF FUNDS FROM THE STATE COASTAL CONSERVANCY FOR
MONTEREY BAY COASTAL TRAIL – FORT ORD DUNES STATE PARK ACCESS IMPROVEMENTS. 5-0-0-0 Motion Passes by Roll Call Vote
14. COUNCIL & STAFF INFORMATIONAL REPORTS:
a. Monterey County Mayor’s Association [Mayor Bruce Delgado] MINUTES for City Council Meeting of Tuesday, April 16, 2024 Page 6
b. Council reports on meetings and conferences attended ( Gov’t Code Section 53232).
Council Member McAdams attended my first Recreation and Cultural Services Commission where a report was given on all recreation activities. We heard from Marina Community Partners on the public art projects.
Mayor Pro Tem Visscher attended the TAMC Bicycle and Transportation Advisory Committee who donated materials (bicycle bells and lights) to Earth Day. Marina still needs an alternate member for this committee.
Council Member Biala commented on our Sister City Virtual Student Exchange Program. (i) City Manager report on former Fort Ord area water allocation The City Manager provided an update to the council and public on the former Fort Ord area water allocation. Also provided update on city f acilities and announced Marina’s Housing Element was approved by HCD and are now eligible to CDBG Grants.
15. ADJOURNMENT: the meeting adjourned at 9:43 P.M.
Anita Sharp, Deputy City Clerk
ATTEST:
Bruce C. Delgado, Mayor