MINUTES
Tuesday, June 18, 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
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.
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)
MEMBERS PRESENT: Jennifer McAdams, Brian McCarthy, Kathy Biala, Mayor Pro-Tem/Vice Chair Liesbeth Visscher, Mayor/Chair Bruce C. Delgado
3. PUBLIC COMMENT ON CLOSED SESSION ITEMS: None received
4. CLOSED SESSION:
a. Conference with Legal Counsel, Existing Litigation (§ 54956.9(d)) 4 cases:
MINUTES for City Council Meeting of Tuesday, June 18, 2024 Page 2
(1) City of Marina, et al. vs. Nemeth, Karla, et al., Monterey County Superior Court Case No. 19CV005270.
(2) City of Marina, et al. v. RMC Lonestar, et al., Monterey County Superior Court Case No. 20CV001387.
(3) 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.
(4) 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.
6:30 PM - RECONVENE OPEN SESSION AND REPORT ON ANY ACTIONS TAKEN IN
CLOSED SESSION
The City Attorney reported out Closed Session: There was no reported action taken.
5. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE (Please stand)
6. SPECIAL PRESENTATIONS:
a. Korean American Association Proclamation
7. COUNCIL AND STAFF ANNOUNCEMENTS:
• Council Member McAdams – Commented on the agenda now having direct links to each agenda item and the noted time limits on the Other Action items. • Council Member Biala –
• Mayor Pro Tem Visscher – Announced MST now has their summer youth bus passes for ages 18 and under for $38.00.
• Council Member McCarthy – Attended the Change of Command at the Presidio of Monterey.
Announced he will be attending the League of California Cities Policy Committee meetings on June 20th.
• Recreation Director Willer – Announced July is Parks and Recreation Month. • City Manager Long – Informed the council and public that Marina office will be closed on June 19 th for Juneteenth Day. Announced at the July 2 nd council meeting the police department will be giving a presentation on Fireworks.
• Fire Chief McCoun – Provided brief update on the difference between safe and sane and illegal fireworks.
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.
There were no public announcements.
MINUTES for City Council Meeting of Tuesday, June 18, 2024 Page 3
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 104618-104691, totaling $489,842.42. b. MINUTES: (Not a Project under CEQA per Article 20, Section 15378) (1) June 4, 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. 2024 -63, authorizing the acceptance of fiscal year 2022 Homeland Security Grant Program Project #24: Marina FD - Ballistic Vests and Helmets.
(2) Adopting Resolution No. 2024 -, confirming levy of a special tax for the City of Marina Community Facilities District No. 2007 -2 (Locke Paddon) for Fiscal Year 2024 -2025 as authorized by Ordinance No. 2007-09, and; c onsider adopting Resolution No. 2024 -, certifying City of Marina compliance with State law (Proposition 218) with respect to levying of special taxes for the City of Marina Community Facilities District No. 2007 -2 for Fiscal Year 2024 -2025 as authorized by Ordinance No. 2007 -09. This item was pulled by staff and was not heard.
(3) Adopting Resolution No. 2024 -64, granting a request for a conflict of interest waiver, whether actual or potential, allowing Noland, Hamerly, Etienne, & Hoss (“NHEH”), previously serving as Interim City Attorney, to represent Tatum Garden’s Foundation, Inc. (“TGF”) in connection with development of a playground project at the Dunes “City Park”.
(4) Adopting Resolution No. 2024 -65, establishing appropriations limit for FY 2024-25.
MINUTES for City Council Meeting of Tuesday, June 18, 2024 Page 4
g. APPROVAL OF AGREEMENTS: (Not a Project under CEQA per Article 20, Section 15378) (1) Adopting Resolution No. 2024-66, approving an agreement between the City of Marina and Monterey Bay Moves to provide group exercise classes. (Not a Project under CEQA per Article 20, Section 15378) Pulled by Mayor Delgado.
(2) Adopting Resolution No. 2024 -67, authorizing the City Manager to execute a memorandum of Understanding (MOU) by and among the Cities of Marina, Hollister, Watsonville and Salinas for the procurement of professional services to perform a municipal airport economic benefit analysis. (Not a Project under CEQA per Article 20, Section 15378) (3) Adopting Resolution No. 2024 -68, authorizing the City Manager to execute an agreement between the City of Marina and the County of Monterey for the collection of special taxes, fees, and assessments. (Not a Project under CEQA per Article 20, Section 15378)
(4) Adopting Resolution No. 2024-69, approving an agreement with Denise Duffy and Associates to prepare a maintenance plan for Hilltop Park within Phase 2 East of University Village. Pulled by Mayor Delgado 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): None
m. APPROVE APPOINTMENTS: None
Staff noted that agenda item 10f(2) was being pulled from the agenda.
Mayor Pro tem Visscher needed to recused herself from agenda item 10g(4) due to conflict of interest.
Mayor Delgado requested to pull agenda items 10g(1) and 10g(4) Council Member McCarthy asked if agenda item 13e could be discussed first under Other Action, making it now 13a. The council agreed to rearrange the agenda.
DELGADO/MCCARTHY: TO APPROVE THE CONSENT AGENDA MINUS 10f(2), 10g(1) AND 10g(4). 5-0-0-0 Motion Passes
10g(1)
The council had questions regarding the fees to be charged, asked if staff could speak with contractor to lower fees.
MCADAMS/BIALA: TO APPROVE RESOLUTION NO. 2024 -, APPROVING AN
AGREEMENT BETWEEN THE CITY OF MARINA AND MONTEREY BAY MOVES TO PROVIDE GROUP EXERCISE CLASSES. 4-1(Delgado)-0-0 Motion Passes
10g(4)
Council discussed citywide park maintenance, fencing and pathways, erosion issues, dog park issues and bathroom access.
MINUTES for City Council Meeting of Tuesday, June 18, 2024 Page 5
Council discussed and agreed to do a field trip to the Hilltop Park as a Special Meeting on Monday, June 24, 2024, at 2:00 P.M. at the corner of 9th Street and Sandy Gulch Road.
BIALA/MCADAMS: TO APPROVE RESOLUTION NO. 2024 -69, APPROVING AN
AGREEMENT WITH DENISE DUFFY AND ASSOCIATES TO PREPARE A MAINTENANCE PLAN FOR HILLTOP PARK WITHIN PHASE 2 EAST OF UNIVERSITY VILLAGE. 4-0-0-0 Motion Passes
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.
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 -70, approving the minor modifications to the adopted Objective Design Standards (ODS). Exempt from Environmental Review per Sec. 15378 of the CEQA guidelines. (15-Minutes)
Public Comments: None received.
Council Member McCarthy asked about window offsets.
MCCARTHY/MCADAMS: TO APPROV RESOLUTION NO. 2024 -70, APPROVING
THE MINOR MODIFICATIONS TO THE ADOPTED OBJECTIVE DESIGN STANDARDS (ODS). EXEMPT FROM ENVIRONMENTAL REVIEW PER SEC. 15378 OF THE CEQA GUIDELINES; AND DIRECT STAFF TO EXPLORE THE MAXIMUM
SILL HEIGHT OF THE WINDOWS ON THE FIRST FLOOR AS ALLOWED BY BUILDING CODE; AND DELETE REFERENCES TO CANVAS AND FABRIC AWNINGS. 4-1(Visscher)-0-0 Motion Passes
b. Adopting Resolution No. 2024 -71, approve final design of Sea Haven Park including relocating playground equipment originally purchased for Sea Haven Park to Glorya Jean Tate Park; and approve final design of Glorya Jean Tate Park WITH ORIGINAL OPTION ; and approving transferring the needed unexpended fund balance of approximately $1,813,136 from Glorya Jean Tate Park (Capital Project # QLP2119) to Sea Haven Community Park (Capital Project # QLP 2016) Public Comments:
• Grace Silva -Santella – Spoke about the differences of using asphalt and concrete for the pickleball courts. Urged council to support concrete for the courts. Supports the design of Glorya Jean Tate Park and transfer of monies.
• Elpedio – Supports the use of concrete for pickleball courts. Empowered council to do things right the first time around.
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• Gabe Gondia – Supports the use of concrete on the pickleball courts • Dave Capizie – Supports the use of concrete on the pickleball courts • Joanne Silva – Supports the use of concrete on the pickleball courts • Naomi Estolas – Supports the use of concrete on the pickleball courts
MCADAMS/DELGADO: TO ADOPT RESOLUTION NO. 2024 -71, APPROVE FINAL
DESIGN OF SEA HAVEN PARK INCLUDING RELOCATING PLAYGROUND
EQUIPMENT ORIGINALLY PURCHASED FOR SEA HAVEN PARK TO GLORYA JEAN TATE PARK TITLED ORIGINAL PLAN (PERMITTED) ($4.5MILLION (2023 PRICING); AND APPROVE FINAL DESIGN OF GLORYA JEAN TATE PARK;
PROVIDING STAFF WITH DIRECTION TO FIND A SAFER ALTERNATIVE FOR
THE PARKING ALONG CARDOZA AVE AND WORKING WITH THE DESIGNER TO RELOCATE THE DOG PARK FOR ADDITIONAL PARKING; AND APPROVING TRANSFERRING THE NEEDED UNEXPENDED FUND BALANCE OF UP TO $1.8 MILLION FROM GLORYA JEAN TATE PARK (CAPITAL PROJECT # QLP2119) TO SEA HAVEN COMMUNITY PARK (CAPITAL PROJECT # QLP 2016);; AND TO LOOK AT ADDING A PAVILLION/GAZEBO. 5-0-0-0 Motion Passes
c. Adopting Resolution No. 2024 -72, approving Sea Haven Community Park Playground design. (15-Minutes)
Public Comments: None received.
BIALA/MCADAMS: TO ADOPT RESOLUTION NO. 2024 -72, APPROVING OPTION #1 “PIRATES SHIP” AS THE SEA HAVE COMMUNITY PARK DESIGN . 5 -0-0-0 Motion Passes
d. Adopting Resolution No. 2024 -73, approving Windy Hill Park playground design. (15-Minutes)
Public Comments:
• Grace Silva-Santella – Provided history of the naming of Windy Hill Park. This is a popular park for the younger children, glad to be able to work with the developer on the restrooms. • Lisa Rike – Supports concept #1, has more options for younger demographic and stays with the windy hill theme.
• Mike Moeller – Supports concept #1, commented about restrooms.
BIALA/DELGADO: TO ADOPT RESOLUTION NO. 2024-73 CHOOSING CONCEPT #1
FOR WINDY HILL PARK PALYGROUND DESIGN WITH THE MODIFICATION TO
REMOVE SOME OF THE SLATS TO INCREASE VISIBILITY IN THE OWL
STRUCTURE AND GIVE STAFF DIRECTION ON THE CONCEPT OF SHARED
BATHROOM WITH MARINA STATION AND POSSIBLY BUILD A BATHROOM
SITE ON WINDY HILL PRIOR TO THE MARINA STATION
BUILDING/CONSTRUCTION OF THE PLAYGROUND. 5-0-0-0 Motion Passes MINUTES for City Council Meeting of Tuesday, June 18, 2024 Page 7
e. Adopting Resolution No. 2024-74, approving an amendment to the Ground Lease Agreement between City of Marina and Joby Aero, Inc. (Joby) dated February 16, 2020, increasing the lease area from five -acres to approximately 13.75 acres of the developed south tarmac located at 3200 -C Imjin Road, and making other modifications to the lease including increasing the term from 30 years to 40 years. (15-Minutes)
Public Comments: None received.
Council Member McCarthy recused himself from this item due to conflict of interest.
BIALA/MCADAMS: TO ADOPT RESOLUTION NO. 2024-74, APPROVING AN
AMENDMENT TO THE GROUND LEASE AGREEMENT BETWEEN CITY OF MARINA AND JOBY AERO, INC. (JOBY) DATED FEBRUARY 16, 2020, INCREASING THE LEASE AREA FROM FIVE -ACRES TO APPROXIMATELY 13.75 ACRES OF THE DEVELOPED SOUTH TARMAC LOCATED AT 3200 -C IMJIN
ROAD, AND MAKING OTHER MODIFICATIONS TO THE LEASE INCLUDING INCREASING THE TERM FROM 30 YEARS TO 40 YEARS. 4-0-0-0 Motion Passes
f. Council update on future Police, Fire and Community Facilities and potential General Obligation Bond ballot measure. Continued from June 4, 2024 (15- Minutes)
g. Receive a brief informational update on the status of the Mobile Vending Ordinance adopted on December 5, 2023. No action is required at this time. (15- Minutes)
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 10:55 P.M.
Anita Sharp, Deputy City Clerk
ATTEST:
Bruce C. Delgado, Mayor