Agenda — Marina City Council, February 15, 2022 (part 2 of 2)

Plan, in particular the Safety Element and Environmental Justice. While it has been discussed that there is a need to move forward with the DVSP to ensure compliance and certification of the 5th cycle Housing Element, other options may also be viable that align with the requirements of the California Department of Housing and Community Development (HCD).

The 2015-2023 Housing Element relied on the City’s ability to develop mixed-use housing in the downtown area using the existing Commercial zoning designations. However, existing mixed use development standards were deemed inadequate to facilitate lower income housing by HCD. To address the HCD comments and to respond to market trends, the City began developing the DVSP. The City has refined the draft DVSP using in-house staff; however, the document remains incomplete and is unadopted. Adoption of the DVSP was identified as part of Program 1.1 of the Housing Element to ensure that adequate sites to accommodate the Regional Housing Needs Allocation (RHNA) were provided during the planning period. Based on discussions with City staff and Veronica Tam, the team believes a Housing Overlay zone can be used to achieve the objectives outlined in the 5th Cycle Housing Element programs. The Housing Overlay zone would include specific designation of sites within the DVSP that are most feasible for the densities and type of housing development needed to accommodate the RHNA.

Furthermore, based on a discussion with City staff and Veronica Tam, the primary need is to accommodate the balance of the lower income RHNA and to do that as quickly as possible in order to receive credit from HCD for the 5th cycle planning period. The benefit of a Housing Overlay is that it is a focused regulatory solution that can be tailored to meet the needs of the 5th cycle Housing Element and it is expected to move through the adoption process more quickly than the DVSP. Based on discussions with City staff, we understand that City staff would like assistance from Rincon to prepare a Housing Overlay zone and in parallel support a comprehensive clean-up of the DVSP. In addition, we understand that City staff would like Rincon to support community engagement for both of these planning efforts.

Project Approach
Our approach to the Marina DVSP and Housing Overlay is based on our initial understanding of the perceived challenges, the City’s stated objectives for the planning effort, and our team’s experience assisting other jurisdictions prepare similar documents. The following highlights key elements of our approach.

Housing Overlay Zone and IS-MND
As stated previously, the Housing Overlay zone must be adopted as quickly as possible to comply with the 5th cycle HE requirements. Therefore, our approach will include:
▪ Prioritizing preparation of the Housing Overlay and ensuring the necessary environmental review to support adoption
▪ Leveraging, to the degree possible, the work completed to date on the DVSP EIR as a starting point for the IS-MND
▪ Preparation of a site feasibility analysis for the Housing Overlay that focuses on the Multi Family District within the DVSP and expands out to other districts within the DVSP only as needed ▪ Collaboration with City staff on targeted engagement efforts to ensure an understanding of the process and the need to move forward quickly toward adoption of the Housing Overlay district 7 City of Marina Community Development Department
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▪ Working sessions with City staff to efficiently work through issues, discussion options and identify solutions
▪ focusing the Housing Overlay on the necessary regulations to achieve 5th cycle Housing Element compliance including density and objective design and development standards to provide multi- family residential design guidance in compliance with SB 330 DVSP and Focused EIR
In parallel, the Rincon team will work toward clean-up and completion of the DVSP. Our approach will include:
▪ A Focus on Internal Consistency and Usability. The DVSP provides a significant amount of background information and process history in the body of the document. This includes discussions that rely on outdated materials and demographic information. While it is important to establish the context for the planning effort, the DVSP should serve as a living document and support the City’s objectives to enable streamlined reviews and ministerial approvals within the DVSP. We recommend consolidating existing conditions and historical context in a more summarized and consolidated section and updating demographic information to use more current data (2020). More detailed information, such as public participation input and previous studies can be pushed to a background discussion in the Appendix. We also recommend ensuring clarity between policy and implementation programs and eliminating excess and redundant “objectives”. In addition, we recommend consolidating the regulatory components (permitted uses, setbacks/form-based standards, design standards) of the DVSP. Furthermore, based on a review of the April 2019 version of the DVSP posted on the City’s website, the August 2019 version of the DVSP circulated with the NOP and the publisher documents we received from the City, there is a need to reconcile the different versions of the DVSP.
▪ Objective Policies and Standards. Per SB 330 (Housing Crisis Act of 2019), jurisdictions are prohibited from taking certain zoning actions that would reduce the intensity of residential land use and set prohibitions on design standards unless they are “objective design standards”. The current version of the DVSP includes subjective policies and standards. We recommend removing subjective policies and standards and a review and update (as needed) of any objective standards. ▪ Regulatory/Form-based Code Updates. The April 2019 version of the DVSP includes Design Standards and Guidelines (Part II, Section A) and Zoning Regulations (Part II, Section B, also listed as Implementation). The Design Standards and Guidelines include some form-based standards addressing primarily building envelope and projections. Additionally, it is unclear how the Specific Plan relates to the zoning code and allowable land uses (Table 3-6 is the only reference to allowable land uses). As stated above, we recommend consolidating the regulatory components in one section and would need further guidance from City staff to ensure all standards are reviewed, complete, and provide sufficient guidance for streamlined reviews within the DVSP. ▪ Community Engagement. As stated previously, active community engagement has been paused since late 2018. The community has been particularly concerned about how nonconforming uses and buildings will be addressed within the DVSP. We recommend re-engaging with the community and holding study sessions with the Planning Commission and City Council, as further detailed in the scope of work.
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▪ Working Sessions. Similar to the above approach for the Housing Overlay, the Rincon team recommends working sessions with staff to efficiently address issues, receive sufficient guidance, discuss options and identify solutions.

GIS Services
At the request of the city, Rincon has included a task to create an interactive GIS map with zone districts and general plan land use layers. This task was previously included in Add Services Request #2 as an optional task.

Scope of Work
Task 14 Project Management/Coordination
This task includes coordination with City staff throughout the Housing Overlay and DVSP projects. This task will cover biweekly check ins, project oversight, budget and schedule management, project accounting including billing and accounts receivable efforts and up to three working sessions with City staff. Working sessions are anticipated to be up to two- hour virtual meetings to develop and discuss the details of the Housing Overlay zone and the DVSP updates. The working sessions will:
▪ Clarify RHNA obligation and relationship to Multifamily district within DVSP and other districts identified in the plan, if needed
▪ Discuss criteria for overlay site selection
▪ Discuss the relationship between regulatory authority of overlay zone district and DVSP ▪ Discuss updates to the format, regulatory provisions and other aspects of the DVSP ▪ Discuss coordination with environmental documentation and the CEQA team ▪ Other project coordination, as needed
Rincon will prepare agendas and meetings notes for meetings with City staff.

Deliverable
▪ Agenda
▪ Meeting Notes
Task 15 Housing Overlay Best Practices Memorandum
Rincon will prepare a memo that includes a review of best practices from around the State related to Housing Overlay Zones. The memo will share how jurisdictions are using this zoning tool toward RHNA obligations and affordability requirements, best practices related to standards, how jurisdictions apply design standards and/or guidance within the housing overlay, and discuss practices related to SB 330 and other new housing legislation.

The team will work with city staff to identify existing documents that must be considered in the process, including but not limited to the City of Marina General Plan, City of Marina Zoning Code, as well as anticipated future adoption of the DVSP.
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Deliverable
▪ Housing Overlay Best Practices Memorandum
Task 16 Housing Overlay Site Inventory Analysis
The team will prepare a site inventory analysis for the Housing Overlay. The site inventory analysis will include the following steps:
▪ Develop Criteria for Site Selection. The team will work with city staff to develop criteria for candidate sites including, but not limited to adequate acreage, density, and other criteria related to high resource areas as defined by TCAC/HCD Opportunity Areas map and other objectives of the city.
▪ Draft Site Inventory. The team will work with information from the 2015-2023 Housing Element and GIS staff to identify appropriate areas to apply the housing overlay. The Rincon team will begin with an inventory of the Multifamily district identified in the DVSP to identify if the minimum RHNA obligation can be achieved with sites only in this area. The Rincon team will prepare a draft Site Inventory/Housing Overlay map. We have assumed review of this map through the interactive web portal. Additional scope and fee may be required to facilitate any reviews through hard copy maps. ▪ Final Site Inventory. Final site selection will be made following a review and consultation with city staff. The objective of the selection will be to ensure the RHNA housing obligations from the 5th cycle housing element are met and that the sites are contained within the DVSP in order to leverage existing environmental analysis.

Deliverable
▪ Draft Site Inventory/Housing Overlay Map
▪ Final Site Inventory/Housing Overlay Map
Task 17 Housing Overlay - Zoning Code Amendment
The Rincon team will prepare the Housing Overlay Zone. This task assumes the following steps:

Task 17.1 Housing Overlay Outline
Rincon will prepare a Housing Overlay zone outline for City staff review. The Housing Overlay is anticipated to be a stand-alone section in Article 3 of Chapter 17 in the city’s municipal code. The Housing Overlay zone will follow a similar structure to other overlay zones (e.g. -MHR or Marina Heights Residential District) and is anticipated to include the following sections:
▪ Purpose
▪ Permitted uses
▪ Site area
▪ Site width, site depth, setbacks
▪ Site coverage
▪ Building height
▪ Parking
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▪ Open space
▪ Regulations for specific multi-family housing type (e.g., Apartment, Row house, townhome) ▪ Site and design review
Task 17.2 Administrative Draft Housing Overlay
Rincon will prepare an administrative draft of the Housing Overlay for City staff review. It is anticipated that staff will play a primary in identifying any other amendments that will be required to other code sections to ensure consistency with the Housing Overlay.

Task 17.3 Public Review Draft Housing Overlay
Based on one set of consolidated comments, Rincon will prepare a Screencheck Draft Housing Overlay for City staff review. It is assumed that minimal comments will be provided on the Screencheck Draft.

Rincon will prepare a Public Review Draft Housing Overlay to be circulated along with the IS-MND as further described in Task 20.1.

Deliverables
▪ Outline structure of Housing Overlay zone
▪ Admin Draft of Housing Overlay zone
▪ Screencheck and Public Review Draft of Housing Overlay zone Task 18 DVSP Revisions
Task 18.1 DVSP Outline and DVSP Assessment Memorandum
The Rincon team will prepare a detailed draft outline to guide the reorganization and revisions to the DVSP. In addition, the team will prepare a memorandum containing an explanation of the major changes recommended to the DVSP.

As stated previously, the changes are anticipated to address:
▪ Internal consistency and usability
▪ Objective policies and standards
▪ Completion and clarification of regulatory standards – including updates to form based standards This scope assumes that the DVSP update will not change any land use, development or circulation assumptions previously relied upon in the previously drafted EIR, or make any other substantial changes that would trigger a more in-depth update to the Focused EIR as further discussed in Task 20.3.

Task 18.2 Administrative Draft DVSP
Rincon will prepare an Administrative Draft version of the DVSP. This will include updates to approximately 10-12 figures, , and no more than 8-10 additional maps and illustrative exhibits to support the revised DVSP.
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Task 18.3 Screencheck Draft and Public Review Draft
Based on one set of consolidated comments, Rincon will prepare a Screencheck Draft DVSP for City staff review. It is assumed that minimal comments will be provided on the Screencheck Draft. Rincon will prepare a Public Review Draft DVSP to be circulated along with the Focused EIR.

Deliverables
▪ Outline of DVSP and Recommendations Memorandum
▪ Admin Draft DVSP
▪ Screencheck and Public Review Draft DVSP
Task 19 Web Mapping Portal
Rincon will create a web mapping portal that will be used to share online, interactive maps and allow the City to add comments regarding necessary changes to zoning, general plan land use, and other data layers for the Housing Overlay and DVSP. The portal will consist of an interactive web mapping viewer accessible to the City (though for future needs, could be made available to the public with additional licensing). The portal will allow users to explore layers in a centralized location. Users will be able to search by address, APN, or location or zoom in on specific locations and parcels to review related information. Some or all of the GIS data assembled to date can be integrated into this portal for review and display.

Rincon will provide data support and technical support for this application for the duration of the project. This will include modification of the portal based on out of the box functionality. This could include additional tool additions, color changes, wording changes, map layer ordering, and the adding or removal of any of the general plan data. Additionally, Rincon will provide an initial virtual training for City staff to outline the capabilities and use of the new system. An accompanying document and slide show will be provided in addition to the virtual training. The following assumptions were used to scope this project and budget:
▪ All functionality will be based on the Esri ArcGIS Online platform. ▪ Data will be hosted in ArcGIS Online by Rincon for the duration of the project or up to 1 year. Rincon can host and provide maintenance beyond this time frame for an additional cost. ▪ Only data relevant to the project work will be housed in Rincon’s ArcGIS Online. ▪ Web map will be delivered to an existing ArcGIS Online account owned by the City (if desired). ▪ 1 ArcGIS Online license will be provided to the City for use during this project and the 1-year hosting period.
▪ Any additional data management or functionality expansion beyond allotted hours can be provided on a time and material basis.

Deliverables
▪ ArcGIS Online Web mapping portal
▪ Virtual Training session and documentation
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Task 20 Prepare Environmental Documents
Task 20.1 Initial Study for Housing Overlay Zone
Rincon proposes to prepare an Initial Study for the Housing Overlay Zone. This level of environmental review is expected be adequate, as no significant and unavoidable impacts are anticipated. If at any point during the preparation of the Initial Study, potentially significant impacts are identified, the City will be notified immediately, and a scope of work for an EIR will be prepared.

1. Project Description. Concurrent with Task 17, Rincon will prepare an internal review draft project description. Organization of this information is critical since it forms the basis for environmental evaluation under CEQA. The project description will focus on the boundary of the proposed overlay zone and the maximum buildout that would be allowable under the proposed rezone. Because no development plans are available at this time, the project description will make reasonable assumptions regarding building height, massing, and design of the future structures, based on applicable City standards and guidelines.

The project description will be submitted in Word format. Rincon assumes one round of review of the project description by City staff prior to conducting the analysis described in subsequent tasks. Upon approval of the project description, it will be relied upon by the Rincon for evaluation purposes.

2. Administrative Draft IS-MND. After City staff review and approval of the project description, Rincon will prepare an internal review (Administrative) Draft Initial Study which documents existing conditions, project impacts, mitigation measures, and resulting level of significance for each of the topical areas required under CEQA. Each of the environmental issue areas included in the CEQA Environmental Checklist Form will be addressed at a level of detail sufficient to allow Rincon to make determinations of significance. Given the nature of the project, the analysis will consider reasonable buildout assumptions for the project area and a programmatic approach to the analysis and mitigation will be taken. The IS-MND will rely on the previously prepared Initial Study completed for the DVSP , with updates to discussion sections as needed.

Key issues are described briefly below.
a. Air Quality. The air quality analysis will be prepared in conformance with the methodologies and significance thresholds outlined in the Monterey Bay Air Resources District (MBARD) CEQA Air Quality Guidelines. Long-term emissions will be quantified for the proposed project using the California Emissions Estimator Model (CalEEMod) based on standard trip generation rates. Area source emissions (e.g., those associated with natural gas consumption, landscaping, and architectural coatings) will also be quantified. Short-term construction-related emissions will be estimated based on standard regional assumptions for equipment activity and construction duration and compared to current state and federal Air Quality Standards and MBARD construction emissions thresholds. If significant impacts are identified, appropriate mitigation measures will be provided in consultation with MBARD.
b. Biological Resources. It is anticipated that a desktop review of biological resources will be adequate to address potential impacts, as no new construction or ground disturbance would occur as a result of the project. The desktop review will include review of readily available existing information, project plans, aerial imagery, databases (i.e., California Natural Diversity Database [CNDDB] and California Native Plant Society [CNPS] rare plant inventory) and other available literature. In addition, it is assumed the reconnaissance level surveys completed for the DVSP IS- 13 City of Marina Community Development Department
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MND will be adequate since no major redevelopment has occurred in the DVSP area since the previous survey effort was completed. It is anticipated that programmatic mitigation measures will be required to address potential impacts to special-status species that may be present within the proposed overlay zone.
c. Cultural and Tribal Cultural Resources. Future construction would require excavation, which has the potential to unearth archaeological resources. To assess potential impacts to archaeological resources, Rincon will rely on a new CHRIS and SLF records searches completed for the DVSP , which includes all areas of the overlay zone (refer to Task 6.2). The findings will be summarized in the IS- MND, with recommendations for additional research and/or preliminary mitigation procedures if warranted. The IS-MND will generally describe the project sites and current setting, research conducted, and results. Any previously recorded archaeological or historical resources will not be formally evaluated at this stage.

Rincon will rely on the historic resource analysis previously conducted for the DVSP, since no major redevelopment has occurred in the DVSP area since the previous analysis was completed. This analysis will be updated as necessary to discuss any additional potentially historic structures since preparation of the prior DVSP Initial Study, given the passage of time. This analysis will be based on previous surveys, the CHRIS records search, and other available data provided by the City; no fieldwork or historical resources evaluations will be completed. The results will be summarized in the IS-MND with mitigation provided as needed. It is anticipated that programmatic mitigation measures will be required to address potential impacts to archaeological and historic resources that may be present within the proposed overlay zone.

This scope of work assumes the City will conduct all tasks associated with Native American government-to-government consultation in accordance with Assembly Bill 52. However, Rincon can assist with these activities for an additional fee, described below as an optional task. The results of this consultation will be summarized in the tribal cultural resources section of the IS- MND.
d. Geology and Soils. Future construction would require excavation, which has the potential to unearth paleontological resources. To assess potential impacts to paleontological resources, a Rincon Paleontologist will identify the underlying geologic units, determine their sensitivity, and summarize the results of the paleontological locality search of records and maps conducted previously for the DVSP in 2019. The findings will be summarized in the IS-MND, with recommendations for additional research and/or programmatic mitigation procedures if warranted. The IS-MND will generally describe the overlay zone and current setting, research conducted, and results.
e. Hazards and Hazardous Materials. Rincon will conduct a review of the California Department of Toxic Substances Control EnviroStor and California State Water Resources Control Board GeoTracker databases for current published hazardous materials records in the vicinity of the overlay zone. This section of the IS-MND will evaluate the potential for significant impacts related to hazardous materials and, if necessary, provide mitigation measures. In addition, the section will assess the potential for exposure of future on-site users to loss, injury, or death as a result of wildland fire and consistency with Fire Department requirements for adequate emergency access.

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f. Noise. The noise analysis will include evaluations of temporary impacts associated with construction and long-term impacts associated with operation of development in accordance with the overlay zone. The analysis of temporary noise and vibration impacts associated with construction within the overlay zone will be based on typical construction noise and vibration levels and standard noise and vibration attenuation factors. Noise and vibration levels associated with construction activities will be quantified and projected at the nearest noise-sensitive land uses and compared to applicable thresholds. Noise measurements collected in 2019 will be used to establish baseline noise levels. Impacts associated with vehicular traffic will be based on the projected traffic increases associated with the anticipated development within the overlay zone.

Noise associated with on-site activities will also be evaluated and performance measures used to reduce any potential impacts from future development. The exposure of nearby sensitive receptors to traffic and other operational noise will be assessed in terms of the Community Noise Exposure Level (CNEL) and compared to applicable Noise Element and ordinance standards. Noise associated with onsite activities will also be evaluated with respect to noise standards in the City’s Municipal Code. As necessary, mitigation will be developed. g. Transportation. This section of the IS-MND will evaluate the potential transportation impacts of the overlay zone. Consistent with Section 15064.3 of the CEQA Guidelines, vehicle miles traveled (VMT) will be used as the primary metric by which transportation impacts are evaluated. It is anticipated that the City’s screening thresholds can be applied to Housing Overlay Zone project due to proximity of the anticipated extent of the zone to high-quality transit; therefore, this section of the IS-MND will not include a formal traffic study, rely on the DVSP traffic study, or include modeling of VMT. Instead, this section will discuss VMT qualitatively, relying on VMT screening thresholds that account for factors such as walkability to commercial and neighborhood services, and proximity to high quality transit, consistent with OPR’s Technical Advisory on Evaluating Transportation Impacts in CEQA (December 2018) and the City’s Draft SB 743 Implementation Guidelines (December 2020). This section will explain and demonstrate how and why the project would not substantially increase VMT in the region given these factors.

However, if the screening criteria do not apply, a quantitative VMT analysis would be required, and we assume that the City’s traffic engineer, Kimley-Horn, would complete this analysis. Upon completion, the results of the analysis will be summarized in the IS-MND, and included as a technical appendix to the IS-MND. However, if Kimley-Horn identifies a significant VMT impact, then an EIR would be required.
h. Hydrology and Water Quality, and Utilities and Service Systems. Rincon will evaluate the overlay zone’s impact on existing service systems, including water, wastewater, and utilities. Anticipated utilities providers include:
i. Electrical: Central Coast Community Energy (3CE) via Pacific Gas and Electric Company (PG&E) infrastructure
ii. Natural gas: PG&E
iii. Solid waste: collected by GreenWaste Recovery and delivered to Monterey Peninsula Landfill
iv. Wastewater conveyance and disposal: Monterey One Water v. Stormwater conveyance and disposal: City of Marina
vi. Water supply: Marina Coast Water District (MCWD)
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It is assumed that development in accordance with the overlay zone will not result in the installation of new groundwater well(s) or pump groundwater from existing wells, and that all water supply for such development will be obtained from MCWD.

MCWD completed a Water Supply Assessment (WSA) for the DVSP in April 2020. For consistency among documentation, we will use the DVSP WSA to address impacts. Rincon will review the WSA and determine if the WSA requires updating due to the availability of more recent data and rapidly changing circumstances related to water supply in the City. If it does not, the results of the WSA will be used to assess impacts. However, if the WSA requires updating, Rincon can coordinate with MCWD to update the WSA as an optional task (described in more detail below).

Under this scope of work, we will review available long-range water supply planning documents, including but not limited to the applicable Urban Water Management Plans, to assess existing water sources and supply availability conditions in the area. The IS-MND will describe the existing water sources, supply availability conditions, and assess whether adequate supply is available to serve buildout of the overlay zone. Mitigation measures will be identified, as appropriate.

Remaining issues will be addressed briefly in the Initial Study checklist, relying on the previously prepared Initial Study completed for the DVSP. This scope of work assumes a streamlined and qualitative discussion for remaining issue areas, with no other impacts requiring mitigation. The Administrative Draft IS-MND will be submitted in digital (Microsoft Word) format.

If, during the course of analysis, a significant impact that is unable to be mitigated to a less than significant level is identified, Rincon will immediately notify the City to discuss an appropriate course of action.

3. Public Review Draft IS-MND. Rincon will respond to City comments on the Administrative Draft IS- MND and prepare the Public Review Draft IS-MND. We assume comments on the Administrative Draft will be provided in a consolidated, electronic and editable format and will not be substantive or require additional analysis.

Rincon will submit the Public Review Draft IS-MND and Notice of Intent (NOI) digitally to the State Clearinghouse. Hard copies can be provided for an additional fee and cost, but are not included in this scope. The City will be responsible for posting the NOI with the County Clerk and other noticing required under CEQA, including coordination and payment for any newspaper notices. However, Rincon can assist with these tasks for an additional fee on a time and materials basis. We will provide an electronic (PDF) copy of the Public Review Draft IS-MND for posting on the City website. It is assumed that the City does not require the PDF to be meet Americans with Disabilities Act (ADA) accessibility requirements.

4. Responses to Comments/Final IS-MND. Upon receipt of public comments on the Draft IS-MND, Rincon will prepare draft response to comments and an Administrative Final IS-MND for review by City staff.

For the purposes of cost estimating, this scope of work assumes that up to five comment letters will be received, including one lengthy (over three pages) and/or substantive letter, that can be adequately responded to in a maximum of 18 professional staff hours. The actual level of effort required to respond will depend on the length, detail, and sophistication of the comments, in addition to the number of letters received. We reserve the right to reevaluate the effort level and request a scope amendment upon close of the public comment period.
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Upon receipt of comments on the Administrative Final IS-MND, we will incorporate changes and prepare the Final IS-MND. This task will also include preparation of the Mitigation Monitoring and Reporting Program (MMRP), which will include a list of mitigation measures, monitoring timing, and responsibility.

5. Notice of Determination. If the project is approved, Rincon will prepare a Notice of Determination (NOD) for the City to file with the County Clerk. The City will be responsible for payment of County Clerk and California Department of Fish & Wildlife (CDFW) CEQA fees.

Deliverables (Digital Only, No Hard Copies)
▪ Internal Review Draft Project Description
▪ Administrative Draft IS-MND
▪ Public Review Draft IS-MND
▪ Notice of Intent to Adopt an IS-MND
▪ Response to Comments
▪ Administrative Final IS-MND
▪ Final IS-MND
▪ Mitigation Monitoring and Reporting Program
▪ Notice of Determination
Task 20.2 Recirculate NOP and IS for DVSP
We recommend recirculation of the NOP and Initial Study for the DVSP, given the amount of time that has passed and the substantial changes to the DVSP. This task also includes updating the Initial Study to reflect the revised DVSP. It is anticipated that no substantial changes to the analysis will be required.

A new search of records and maps maintained by the Northwest Information Center (NWIC) of the California Historical Resources Information System (CHRIS) at Sonoma State University will be required, as the prior search for the DVSP was conducted in April 2019 and is out of date. It is assumed that the records search will cost no more than $1,000. Additionally, Rincon will request a new search of the Sacred Lands File (SLF) and contact list from the Native American Heritage Commission (NAHC). The results of the new searches will be incorporated into the revised Initial Study cultural resources analysis.

This task includes coordination of a public scoping meeting. Rincon will conduct the public scoping meeting during the 30-day NOP period to introduce the community and interested agencies to the updated DVSP, provide an overview of the EIR process, and obtain input on the EIR scope of work. The scoping meeting will include a presentation with graphic imagery, followed by the formal recordation of input from meeting attendees. Rincon will prepare a PowerPoint presentation for the meeting and present during the meeting.

Deliverables
▪ Notice of Preparation
▪ Initial Study
▪ Public Scoping Meeting materials (PowerPoint presentation, recordation of public comments) 17 City of Marina Community Development Department
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Task 20.3 Revised Administrative Draft Focused EIR for DVSP It is anticipated that the majority of the previously drafted EIR for the DVSP (previously denoted as Task 5), with the exception of the Project Description, can be used to analyze the final draft DVSP. However, the EIR will require updates to address changes to the DVSP as well as updating source citations to ensure the EIR is relying on the most recent data. It is assumed that the WSA will require updating, to be completed by MCWD. This scope assumes no more than one round of updates to the WSA will occur.

Additionally, minor revisions to the traffic analysis will be necessary to address comments during NOP circulation from the Transportation Agency of Monterey County (TAMC). It is assumed that substantial changes to the transportation analysis will not be required. This scope assumes that the DVSP update will not change any land use assumptions previously relied upon in the previously drafted EIR, or any other substantial changes that would trigger a more in-depth update to the EIR.

Deliverables
▪ Administrative Draft Focused EIR
Task 20.4 Update Remaining EIR Task Budgets with 2022 Fee Schedule To account for Rincon’s annual escalation of fees, Tasks 6 through 10 under our original contract have been recalculated using Rincon’s 2022 Fee Schedule. This results in a total fee increase of $7,268 across these five tasks. The State Clearinghouse has transitioned to electronic-only submittals; therefore, no hard copies of the EIR are required. The original budget for printing hard copies ($1,118) has been reallocated to Tasks 6 through 10 to account for this change. Therefore, the total budget increase for this task is $6,150.

Task 20.5: WSA Update.

Rincon will coordinate with MCWD following a review of the DVSPWSA to assist with necessary updates to the WSA. This task assumes four, one-hour meetings with MCWD staff to discuss the existing WSA, necessary revisions, and ensure adequacy of the revised WSA.

Deliverables
▪ Four meetings with MCWD (virtual), one-hour each
▪ WSA Update
Task 20.6: AB 52 Consultation Assistance.

Rincon will assist with AB 52 consultation. This includes completion of draft AB 52 consultation letters, a tracking sheet, and instructions for City staff; up to two (2) conference calls with tribal representatives; and coordination.

Deliverables
▪ Two conference calls with tribal representatives
▪ Draft consultation letters, a tracking sheet and instructions for City staff

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Task 21 Community Engagement
Rincon will support City staff with community engagement activities on the Housing Overlay and DVSP as requested. These engagement efforts will support a reintroduction of the project(s) since engagement was paused in 2018. At the City’s request and subject to additional scope and fees, Rincon can provide additional community engagement support.
▪ Community Workshops- Members of the Rincon team will participate in up to two, in-person community workshops on the DVSP and/or Housing Overlay. It is assumed that the workshops will be organized and noticed by the City. Rincon will prepare a PowerPoint presentation for each workshop.
▪ Subcommittee Meetings – Rincon will attend up to two virtual subcommittee meetings to discuss the Housing Overlay and to review proposed changes to the DVSP. The subcommittee meetings will be organized and noticed by the City. Rincon will prepare PowerPoint presentations for each meeting.
▪ Study Sessions – Rincon staff will present at up to two study sessions. Rincon will prepare PowerPoint presentations for each meeting.

Deliverables
▪ Participation and Power Point presentations for up to two Community Workshops (in-person) ▪ Participation and Power Point presentations for up to two Subcommittee Meetings (virtual) ▪ Participation and Power Point presentations for up to two Study Sessions (up to two, in-person) Task 22 Public Hearings
Rincon will attend up to three, in-person public hearings on the project, which are anticipated to include one Planning Commission hearing and two City Council hearings. Rincon assumes that City staff will make the necessary presentations, but Rincon will be available to answer questions about the planning documents and environmental review process and conclusions.

Deliverables
▪ Attendance at up to three public hearings
Task 23: Staff Reports.

Rincon will prepare the Planning Commission and City Council staff reports, including all attachments.

This task assumes preparation of staff reports for up to three public hearings (as described in Task 22).

This task assumes that staff will provide a standard staff report template to Rincon. The budgeted hours for this task have assumed the preparation of staff reports generally consistent in format and level of detail as those currently posted on the City’s website. This task assumes one round of revisions to each staff report based on consolidated comments provided by City staff.

Deliverables
▪ Draft and final staff reports for up to three public hearings

19 City of Marina Community Development Department
Revised Add-Services Request #3: Marina Downtown Vitalization Specific Plan EIR

Page 15 ends

Cost
Please note that Rincon’s 2017-2018 fee schedule in the original contract for this project is outdated.

With this amendment, we have applied costing consistent with our current 2022 fee schedule (effective January 1, 2022, see Attachment 1). Rincon’s estimated cost to complete the above tasks is $227,710, as detailed in Attachment 2. When added to our existing authorized budget of $221,329 (as further detailed in Table 1 below), the total project budget would be $449,039.

Table 1- Rincon Contract(s) Summary
Amendment Date Service order Approved
amount
Note
Original Scope and
budget
March
2019
Service Order #4 $135,148 Scope for IS and DVSP Focused EIR
Amendment 1 –
Specific Plan
March
2021
Service Order #11 $48,647 Added scope and budget for
DVSP sections
Amendment 2 -
GIS Amendment
July 2021 Service Order #1 $37,534 Added scope and budget for GIS work
Current Budget Total $221,329
Amendment 3 January
2022
Going to City
Council for
approval Feb 15
$227,710 Added Overlay District, updates
to DVSP, CEQA Compliance, and
online GIS portal
Proposed Total $449,039
Schedule
A proposed schedule to complete the Housing Overlay, DVSP, and corresponding environmental reviews is provided in Attachment 3.
20 City of Marina Community Development Department
Revised Add-Services Request #3: Marina Downtown Vitalization Specific Plan EIR

Page 16 ends

Thank you for your consideration of this request. We look forward to continuing to work with you on this assignment.

Sincerely,
Rincon Consultants, Inc.

Megan Jones, MPP Kimiko Lizardi
Principal Director
Attachments
Attachment 1 Fee Schedule
Attachment 2 Cost Estimate
Attachment 3 Project Schedule
21 Attachment 1
Fee Schedule
22 Rincon Consultants, Inc.

Effective January 1, 2022 Page 1

Standard Fee Schedule for Environmental Sciences and Planning Services Professional, Technical and Support Personnel* Hourly Rate Principal II $295
Director II $295
Principal I $280
Director I $280
Senior Supervisor II $245
Supervisor I $228
Senior Professional II $212
Senior Professional I $197
Professional IV $174
Professional III $161
Professional II $145
Professional I $128
Associate III $117
Associate II $102
Associate I $95
Senior GIS Specialist $160
GIS/CADD Specialist II $140
GIS/CADD Specialist I $125
Technical Editor $130
Project Accountant $110
Billing Specialist $95
Production Specialist $105
Clerical $95
*Professional classifications include environmental scientists, urban planners, biologists, geologists, marine scientists, GHG verifiers, sustainability experts, cultural resources experts, and other professionals. Expert witness services consisting of depositions or in-court testimony are charged at the hourly rate of $375.

Reimbursable Expenses
Direct Cost Rates
Photocopies – Black and White $0.20 (single-sided) & $0.40 (double-sided) Photocopies – Color $1.50 (single-sided) & $3.00 (double-sided) Photocopies – 11 x 17 $0.50 (B&W) & $3.30 (color)
Oversized Maps $8.00/square foot
Digital Production $15/disc and $20/flash drive
Light-Duty and Passenger Vehicles* $88/day
4WD and Off-Road Vehicles* $140/day
* $0.65/mile for mileage over 50 and for all miles incurred in employee-owned vehicles.

Other direct costs associated with the execution of a project, that are not included in the hourly rates above, are billed at cost plus 15%. These may include, but are not limited to, laboratory and drilling services, subcontractor services, authorized travel expenses, permit charges and filing fees, mailings and postage, performance bonds, sample handling and shipment, rental equipment, and vehicles other than covered by the above charges.

Annual Escalation. Standard rates subject to annual escalation. Payment Terms. All fees will be billed to Client monthly and shall be due and payable upon receipt or as indicated in the contract provisions for the assignment. Invoices are delinquent if not paid within ten (10) days from receipt or per the contractually required payment terms. 23 Rincon Consultants, Inc.

Effective January 1, 2022 Page 2
Equipment Day Rate
Environmental Site Assessment
Soil Vapor Extraction Monitoring Equipment $155
Four Gas Monitor $133
Flame Ionization Detector $107
Photo Ionization Detector $80
Hand Auger Sampler $60
Water Level Indicator, DC Purge Pump $45
Natural Resources Field Equipment
UAS Drone $268
Spotting or Fiberoptic Scope $165
Pettersson Bat Ultrasound Detector/Recording Equipment $165 Sound Level Metering Field Package (Anemometer, Tripod and Digital Camera) $110 GPS (Sub‐meter Accuracy) $65
Infrared Sensor Digital Camera or Computer Field Equipment $55 Scent Station $22
Laser Rangefinder/Altitude $11
Pit‐fall Traps, Spotlights, Anemometer, GPS Units, Sterilized Sample Jar $9 Mammal Trap, Large/Small $1.50/$0.50
Water and Marine Resources Equipment
Boat (26 ft. Radon or Similar) $600
Boat (20 ft. Boston Whaler or Similar) $335
Multi Parameter Sonde (Temp, Cond, Turbidity, DO, pH) with GPS $165 Water Quality Equipment (DO, pH, Turbidity, Refractometer, Temperature) $60 Refractometer (Salinity) or Turbidity Meter $37
Large Block Nets $110
Minnow Trap $95
Net, Hand/Large Seine $55
Field Equipment Packages
Standard Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet, Safety Equipment, and Botanic Collecting Equipment)
$110
Remote Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet and Mifi, Delorme Satellite Beacon, 24‐Hour Safety Phone)
$140
Amphibian/Vernal Pool Field Package (Digital Camera, GPS, Thermometer, Decon Chlorine, Waders, Float Tube, Hand Net, Field Microscope) $165
Fisheries Equipment Package (Waders, Wetsuits, Dip Nets, Seine Nets, Bubblers, Buckets)
$55
Underwater and Marine Sampling Gear (U/W Photo/Video Camera, Scuba Equipment (Tanks, BCD, Regulators, Wetsuits, etc.)
$55/diver
Marine Field Package (PFDs – Personal Flotation Devices, 100-foot Reel Tapes with Stainless Carabiners, Pelican Floats, Underwater Slates, Thermometer, Refractometer, Anemometer, Various Field Guides)
$55
Insurance, Hazard and Safety Fees
L&H Dive Insurance $55/diver
Level C Health and Safety $65 person

24 Attachment 2
Cost Estimate
25 19-07378 Marina Downtown Vitalization SP EIR Rate Hours Labor Budget Direct Expenses Total Budget Add On Request Marina DVSP 1,227.73 222,833.00 4,877.00 227,710.00 Task 14:Project Management/Coordination 220.00 44,726.00 0.00 44,726.00 Director I 280.00 34.00 9,520.00
Principal I 280.00 12.00 3,360.00
Senior Planner II 212.00 66.00 13,992.00
Planner IV 174.00 86.00 14,964.00
Planner II 145.00 16.00 2,320.00
Admin Assistant/Billing Specialist 95.00 6.00 570.00
Task 15: Housing Overlay Best Practices Memorandum

24.00 4,152.00 0.00 4,152.00
Director I 280.00 2.00 560.00
Senior Planner II 212.00 6.00 1,272.00
Planner II 145.00 16.00 2,320.00
Task 16: Housing Overlay Site Inventory Analysis 28.00 4,712.00 0.00 4,712.00 Director I 280.00 2.00 560.00
Senior Planner II 212.00 6.00 1,272.00
Planner II 145.00 16.00 2,320.00
GIS/CADD Specialist II 140.00 4.00 560.00
Task 17: Housing Overlay - Zoning Amendments 86.00 14,696.00 0.00 14,696.00 Task 17.1 Housing Overlay Outline 14.00 2,568.00 0.00 2,568.00 Director I 280.00 2.00 560.00
Senior Planner II 212.00 4.00 848.00
Planner II 145.00 8.00 1,160.00
Task 17.2 Administrative Draft Housing Overlay 46.00 7,716.00 0.00 7,716.00 Director I 280.00 4.00 1,120.00
Senior Planner II 212.00 8.00 1,696.00
Planner II 145.00 32.00 4,640.00
Technical Editor 130.00 2.00 260.00
Task 17.3 Public Review Draft Housing Overlay 26.00 4,412.00 0.00 4,412.00 Director I 280.00 2.00 560.00
Senior Planner II 212.00 6.00 1,272.00
Planner II 145.00 16.00 2,320.00
Technical Editor 130.00 2.00 260.00
Task 18: DVSP Revisions 206.00 33,850.00 0.00 33,850.00

18.1 DVSP Outline and DVSP Assessment
Memorandum 34.00 5,736.00 0.00 5,736.00
Director I 280.00 2.00 560.00
Senior Planner II 212.00 8.00 1,696.00
Planner II 145.00 24.00 3,480.00

18.2 Administrative Draft DVSP 120.00 19,638.00 0.00 19,638.00 Director I 280.00 6.00 1,680.00
Senior Planner II 212.00 24.00 5,088.00
Planner II 145.00 80.00 11,600.00
Technical Editor 130.00 4.00 520.00
GIS/CADD Specialist I 125.00 6.00 750.00

18.3 Screencheck Draft and Public Review Draft DVSP

52.00 8,476.00 0.00 8,476.00
Director I 280.00 4.00 1,120.00
Senior Planner II 212.00 8.00 1,696.00
Planner II 145.00 32.00 4,640.00
Technical Editor 130.00 4.00 520.00
GIS/CADD Specialist I 125.00 4.00 500.00
Task 19: Web Mapping Portal 68.00 9,000.00 0.00 9,000.00 Senior GIS Specialist 160.00 4.00 640.00
GIS/CADD Specialist II 140.00 24.00 3,360.00
GIS/CADD Specialist I 125.00 40.00 5,000.00
Task 20: Prepare Environmental Documents 402.73 72,669.00 1,265.00 73,934.00 Task 20.1 Initial Study for Housing Overlay 148.00 26,267.00 1,265.00 27,532.00 Principal I 280.00 14.00 3,920.00
Senior Planner I 197.00 45.00 8,865.00
Planner III 161.00 62.00 9,982.00
Senior GIS Specialist 160.00 8.00 1,280.00
Technical Editor 130.00 9.00 1,170.00
Production Specialist I 105.00 10.00 1,050.00
Admin Assistant/Billing Specialist 95.00 0.00 0.00
Record Search 1,265.00
Task 20.2 Recirculate NOP and IS for DVSP 68.00 12,980.00 0.00 12,980.00 Principal I 280.00 12.00 3,360.00
Senior Planner I 197.00 20.00 3,940.00
Planner III 161.00 30.00 4,830.00
Senior GIS Specialist 160.00 4.00 640.00
Production Specialist I 105.00 2.00 210.00
Task 20.3 Revised Administrative Draft Focused EIR for
DVSP 114.00 20,152.00 0.00 20,152.00
Principal I 280.00 12.00 3,360.00
Senior Planner I 197.00 26.00 5,122.00
Planner III 161.00 60.00 9,660.00
Senior GIS Specialist 160.00 6.00 960.00
RINCON CONSULTANTS, INC.
19-07378 Marina Downtown Vitalization SP EIR
Cost Estimate

Page 1 ends

26 RINCON CONSULTANTS, INC.
19-07378 Marina Downtown Vitalization SP EIR
Cost Estimate
Production Specialist I 105.00 10.00 1,050.00
Task 20.4 Update Fee Schedule for EIR Tasks 33.80 6,150.00 0.00 6,150.00 Principal I 280.00 7.00 1,960.00
Senior Planner I 197.00 8.00 1,576.00
Planner III 161.00 14.00 2,254.00
Project Assistant 75.00 4.80 360.00
Task 20.5 WSA Update 26.00 5,120.00 0.00 5,120.00
Principal I 280.00 2.00 560.00
Senior Planner II 212.00 8.00 1,696.00
Senior Planner I 197.00 8.00 1,576.00
Planner III 161.00 8.00 1,288.00
Task 20.6 AB 52 Consultation Assistance 12.93 2,000.00 0.00 2,000.00 Principal I 280.00 1.00 280.00
Archaeologist II 145.00 9.93 1,440.00
ior Archaeologist/Principal Investigator 140.00 2.00 280.00 Task 21: Community Engagement 98.00 18,318.00 2,447.00 20,765.00 Director I 280.00 7.00 1,960.00
Senior Planner II 212.00 49.00 10,388.00
Planner II 145.00 36.00 5,220.00
GIS/CADD Specialist I 125.00 6.00 750.00
Travel - Mileage 1,367.00
Travel (airfare, ground trans, lodging) 1,080.00
Task 22: Public Hearings 75.00 16,470.00 1,165.00 17,635.00 Principal I 280.00 15.00 4,200.00
Senior Planner II 212.00 30.00 6,360.00
Senior Planner I 197.00 30.00 5,910.00
Travel - Mileage 625.00
Travel (airfare, ground trans, lodging) 540.00
Task 23: Staff Reports 20.00 4,240.00 0.00 4,240.00
Senior Planner II 212.00 20.00 4,240.00
Project Total 1,227.73 222,833.00 4,877.00 227,710.00

Page 2 ends

27 Attachment 3
Project Schedule
28 Revised Add-Services Request #3: Marina Downtown Vitalization Specific Plan EIR Schedule
Week 1
Week 2
Week 3
Week 4
Week 5
Week 6
Week 7
Week 8
Week 9
Week 10
Week 11
Week 12
Week 13
Week 14
Week 15
Week 16
Week 17
Week 18
Week 19
Week 20
Week 21
Week 22
Week 23
Week 24
Week 25
Week 26
Week 27
Week 28
Week 29
Week 30
Week 31
Week 32
Week 33
Week 34
Week 35
Week 36
Week 37
Week 38
Week 39
Week 40
Week 41
Week 42
Week 43
Week 44
Week 45
Week 46
Week 47
Tasks
Task 14: Project Management/Coordination
Task 15: Housing Overlay Best Practices Memorandum
Task 16: Housing Overlay Site Inventory Analysis
Task 17: Housing Overlay - Zoning Code Amendment
Task 17.1 Housing Overlay Outline
Task 17.2 Administrative Draft Housing Overlay
Task 17.3 Public Review Draft Housing Overlay
Task 18: DVSP Revisions
Task 18.1 DVSP Outline and DVSP Assessment Memorandum
Task 18.2 Administrative Draft DVSP
Task 18.3 Screencheck Draft and Public Review Draft
Task 19: Web Mapping Portal
Task 20: Prepare Environmental Documents
Task 20.1 Initial Study for Housing Overlay Zone
Task 20.2 Circulate NOP and IS for DVSP
Task 20.3 Revised Administrative Draft Focused EIR for DVSP Public
Draft
Task 20.5 WSA Update
Task 20.6 AB 52 Cosultation Assistance
Task 21: Community Engagement
Task 22: Public Hearings
Task 23: Staff Reports
City review
Public Review
Optional task
Working Session Recommended
Workshop/Study Session
Subcommittee Meeting
Public Hearing
Second
Admin
Screen-
check
Public
Final
** Scoping Meeting
during
review period
First Admin
Draft EIR
RINCON CONSULTANTS, INC.

Admin IS - Starts after
Task 17.2
Public
Draft
Final/RTC/
NOD
Admin Final
Draft
Note:
** Assumes that a Project Description can be prepared around week 13 of Task 18.2. If a complete Project Description cannot be prepared at that time, the schedule may need to be adjusted. 29 February 10, 2022, Item No. 8g(3)

Honorable Mayor and Members City Council Meeting
of the Marina City Council of February 15, 2022

CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 202 2-, APPROVING

AN AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING (MOU)

REGARDING COOPERATIVE ASSISTANCE TO COMPLY WITH SENATE BILL 1383, FOOD WASTE REDUCTION AND ORGANICS RECYCLING

REGULATIONS, INCORPORATING CHANGES NECESSARY FOR THE
REGIONAL ADMINISTRATION OF SB 1383 LOCAL ASSISTANCE GRANT

PROGRAM FUNDING, AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE AMENDMENT SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY.

REQUEST:

It is requested that the City Council consider adopting Resolution 2022- for the following action:

1. Approving an amendment to the Memorandum of Understanding (MOU) regarding cooperative assistance to comply with Senate Bill 1383, Food Waste Reduction and Organics Recycling Regulations, incorporating changes necessary for the regional administration of SB 1383 Local Assistance Grant Program Funding; and

2. Authorizing the City Manager to execute the amended MOU (EXHIBIT A) subject to final review and approval by the City Attorney.

BACKGROUND:

In September 2016, Governor Edmund Brown Jr. set methane emissions reduction targets for California (SB 1383 Lara, Chapter 395, Statutes of 2016) in a statewide effort to reduce emissions of short-lived climate pollutants (SLCP). The targets must reduce organic waste disposal 50 percent by 2020 and 75 percent by 2025 and rescue for people to eat at least 20 percent of currently disposed surplus food by 2025.

The City of Marina is a Member Agency of the Monterey Regional Waste Management District (MRWMD) Joints Powers Authority responsible for managing solid waste on behalf of the Cities and unincorporated County communities of coastal Monterey County. The City participates on the Technical Advisory Committee (TAC) for SB 1383 led by the District and comprised of staff from each member jurisdiction, the three haul ers in the District service area, and MRWMD staff. The District’s TAC has been working collaboratively for approximately 1.5 years planning for SB 1383, California’s SLCP regulation. The regulation will have significant impact on each member jurisdiction i n meeting the goals set under these regulations. Regulations took effect and local program implementation began January 1, 2022.

While the regulation places the program implementation responsibility on the member jurisdictions, the TAC has been collectively analyzing who best should implement each element of the regulation between the member jurisdictions, waste haulers, or District. The TAC determined that many of the requirements are best completed using shared resources. As such, an MOU between the Dis trict and each of its member jurisdictions was created to have the District incur the shared costs and bill each member jurisdiction twice annually for reimbursement. The City Council adopted Resolution 2021- 93 on August 17th, 2021 approving the MOU between MRWMD and Member Jurisdictions for SB 1383 Shared Costs.

1 In January 2022, the Department of Resources Recycling and Recovery (CalRecycle), the agency responsible for administering SB 1383, released application guidelines and instructions related to the SB 1383 Local Assistance Grant Program (OWR1: 2021 -22) as a one -time grant program meant to provide aid in the implementation of regulations adopted by CalRecycle pursuant to Chapter 395, Statutes of 2016 and SB170 Budget Act of 2021. Funding from CalRecycle will be allocated to each jurisdiction based on grant program estimates according to the Department of Finance’s January 2021 population statistics. This non-competitive grant program provides funding to local jurisdictions to assist with the implemen tation of regulation requirements associated with SB 1383. The City of Marina is eligible for $29,771 in grant funding through this program.

ANALYSIS:

MRWMD led efforts to assist all member agencies in responding to the available grant funding solicitation. The Member Agencies of Carmel, Del Rey Oaks, Marina, Monterey, Sand City, Seaside, Pacific Grove, and the Pebble Beach Community Services District (P BCSD) joined the Local Assistance Grant Program effort as a regional collaborative project for the implementation of regulation requirements associated with SB 1383, in coordination with other jurisdictions of the Monterey County region to maximize project impact and cost -effectiveness across the countywide area, consistent with existing cooperative SB 1383 planning, preparation and implementation practices already underway throughout the service territory. This regional grant -funded project will be coordinated through the two local waste management governmental agencies within Monterey County, MRWMD, and the Salinas Valley Solid Waste Authority.

All grant expenditures will be incurred jointly, facilitated through each respective waste agency, and tracked and reported by each jurisdiction, based on the percentage of grant funds received by each agency compared to the full funding received collectively by all participating member agencies. The collective pooled grant funding anticipated for all MRWMD agencies is $212,566 of which the City of Marina contribution will be $29,771.

The District’s existing MOU with Member Agencies for Shared-Costs associated with SB 1383 will need to be amended to address the specific administration of the Local Assistance Gran t Program.

The draft amended MOU is to this staff report “(EXHIBIT A”). Additions to the original MOU are underlined and language to be removed is struck. A breakdown of each member agency contribution of grant funding is shown on Exhibit C of the draft amended MOU. This amendment furthers the intent of the original MOU by adding the grant expenditures to the regional effort to comply with SB 1383.

FISCAL IMPACT:

There is no cost to the City of Marina to amend the MOU regarding cooperative assistance to comply with Senate Bill 1383. The City will receive $29,771 in grant funding from CalRecycle which will be remitted to MRWMD for regional compliance efforts.

CONCLUSION:

This request is submitted for City Council consideration and action.

Respectfully submitted,

____________________________
Brian McMinn, P.E., P.L.S.

Public Works Director & City Engineer
City of Marina

2 REVIEWED/CONCUR:

____________________________
Layne Long
City Manager
City of Marina

3 RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF MARINA APPROVING AN AMENDMENT

TO THE MEMORANDUM OF UNDERSTANDING (MOU) REGARDING COOPERATIVE ASSISTANCE TO COMPLY WITH SENATE BILL 1383, FOOD WASTE REDUCTION AND

ORGANICS RECYCLING REGULATIONS, INCORPORATING CHANGES NECESSARY FOR THE REGIONAL ADMINISTRATION OF SB 1383 LOCAL ASSISTANCE GRANT

PROGRAM FUNDING, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE

AMENDMENT SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY.

WHEREAS, In September 2016, Governor Edmund Brown Jr. set methane emissions reduction targets for California (SB 1383 Lara, Chapter 395, Statutes of 2016) in a statewide effort to reduce emissions of short- lived climate pollutants (SLCP). The targets must reduce organic waste disposal 50 percent by 2020 and 75 percent by 2025 and rescue for people to eat at least 20 percent of currently disposed surplus food by 2025; and

WHEREAS, The City of Marina is a Member Agency of the Monterey Regional Waste Management District MRWMD Joints Powers Authority responsible for managing solid waste on behalf of the Cities and unincorporated County communities of coastal Monterey County. The City participates on the Technical Advisory Committee (TAC) for SB 1383 led by the District and comprised of staff from each membe r jurisdiction, the three haulers in the District service area, and MRWMD staff. The District’s TAC has been working collaboratively for approximately 1.5 years planning for SB 1383, California’s SLCP regulation.

The regulation will have significant impact on each member jurisdiction in meeting the goals set under these regulations. Regulations took effect and local program implementation began January 1, 2022; and

WHEREAS, While the regulation places the program implementation responsibility on the member jurisdictions, the TAC has been collectively analyzing who best should implement each element of the regulation between the member jurisdictions, waste haulers, or District. The TAC determined that many of the requirements are best completed using shared resources. As such, an MOU between the District and each of its member jurisdictions was created to have the District incur the shared costs and bill each member jurisdiction twice annually for reimbursement. The City Council adopted Resolution 2021 -93 on August 17th, 2021 approving the MOU between MRWMD and Member Jurisdictions for SB 1383 Shared Costs ; and

WHEREAS, In January 2022, the Department of Resources Recycling and Recovery (CalRecycle), the agency responsible for administering SB 1383, released application guidelines and instructions related to SB 1383 Local Assistance Grant Program (OWR1: 2021-22) as a one-time grant program meant to provide aid in the implementation of regulations adopted by CalRecycle pursuant to Chapter 395, Statutes of 2016 and SB170 Budget Act of 2021. Funding from CalRecycle will be allocated to each jurisdiction based on grant program estimates according to the Department of Finance’s January 2021 population statistics. This non-competitive grant program provides funding to local jurisdictions to assist with the implementation of regulation requirements associated with SB 1383. The City of Marina is eligible for $29,771 in grant funding through this program; and

WHEREAS, MRWMD led efforts to assist all member agencies in responding to the available grant funding solicitation. The Member Agencies of Carmel, Del Rey Oaks, Marina, Monterey, Sand City, Seaside, Pacific Grove, and the Pebble Beach Community Services District (PBCSD) joined the Local Assistance Grant Program effort as a regional collaborative project for the implementation of regulation requirements associated with SB 1383, in coordination with other jurisdictions of the Monterey County region to maximize project impact and cost -effectiveness across t he countywide area, consistent with existing cooperative SB 1383 planning, preparation and implementation practices already underway throughout the service territory; and
4 Resolution No. 2022-
Page Two

WHEREAS, The District’s existing MOU with Member Agencies for Shared -Costs associated with SB 1383 will need to be amended to address the specific administration of the Local Assistance Grant Program.

This amendment furthers the intent of the original MOU by adding the grant expenditures to the regional effort to comply with SB 1383; and

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Marina does hereby:

1. Approve an amendment to the Memorandum of Understanding (MOU) regarding cooperative assistance to comply with Senate Bill 1383, Food Waste Reduction and Organics Recycling Regulations, incorporating changes necessary for the regional administration of SB 1383 Local Assistance Grant Program Funding; and

2. Authorize the City Manager to execute the amended MOU (Exhibit A) subject to final review and approval by the City Attorney.

PASSES AND ADOPTED, by the City Council of the City of Marina at a regular meeting duly held on the 15th day of February 2022 by the following vote:

AYES, COUNCIL MEMBERS:

NOES, COUNCIL MEMBERS:

ABSENT, COUNCIL MEMBERS:

ABSTAIN, COUNCIL MEMBERS:

Bruce C. Delgado, Mayor

ATTEST:

Anita Sharp, Deputy City Clerk

5 1

MEMORANDUM OF UNDERSTANDING

BETWEEN THE MONTEREY REGIONAL WASTE MANAGEMENT DISTRICT AND ITS

MEMBER AGENCIES REGARDING ASSISTANCE WITH COMPLIANCE WITH CALIFORNIA SENATE BILL 1383
This Memorandum of Understanding (“MOU”) is made and entered into as of the date of the signatures set forth below by and between the MONTEREY REGIONAL WASTE MANAGEMENT DISTRICT (“District”, “MRWMD”), a California Garbage and Refuse Disposal District, and its member agencies including the cities of CARMEL-BY-THE-SEA, DEL REY OAKS, MARINA, MONTEREY, PACIFIC GROVE, SAND CITY, and SEASIDE; THE PEBBLE BEACH COMMUNITY SERVICES DISTRICT; and THE COUNTY OF MONTEREY (“Member Agencies”). Collectively these entities shall be known herein as “Parties” or individually as a “Party.”
Recitals
A. The State of California has passed legislation, known as Senate Bill 1383, California’s Short-Lived Climate Pollutants regulation. The regulation will have significant impact on each Member Agency, with the goal of reducing organic material being landfilled by 75% by 2025, compared to a 2014 basis. The legislation mandates that Member Agencies undertake certain activities around the handling of organic waste materials collected within their jurisdictions. The regulation also requires 20% recovery of edible food by 2025 to direct it to a beneficial use and thus prevent it from entering the waste stream. Regulations take effect, and local program implementation will begin, on January 1, 2022.

B. The Member Agencies have determined that it is in their best interest to coordinate their activities related to this legislation. This coordination is being facilitated by the District’s Technical Advisory Committee (TAC) comprised of staff from each Member Agency, the three Haulers in the District service area (Haulers), Salinas Valley Recycles (SVR) and MRWMD.

C. The Member Agencies have further determined that the District has the expertise and resources necessary to implement some of these activities on the Member Agencies’ behalf and have now requested that the District incur costs to provide these activities.

D. The Member Agencies have agreed to reimburse the District for proportionate shares of certain designated annual costs incurred by the District for these activities.

E. The form and content of this MOU have been presented to the TAC, and the TAC has recommended it for approval by the Parties
NOW THEREFORE, in consideration of the mutual benefits to be derived by the District and the Member Agencies, and of the promises contained in this MOU, the Parties agree as follows:

EXHIBIT A
6 2
Section 1. Recitals: The recitals set forth above are incorporated into this MOU.

Section 2. Purpose: The purpose of this MOU is to provide a structure for the Member Agencies to reimburse the District for SB 1383related activities it performs on behalf of the Member Agencies.

Section 3. Voluntary: This MOU is voluntarily entered into by the Parties for the purpose of facilitating the implementation of SB 1383.

Section 4. Term: This MOU shall become effective on the last day of its execution by a Party and shall remain in effect until terminated by the Parties.

Section 5. Scope of Work, Costs & Cost Sharing: The scope of work, and associated costs, are set out in Exhibit A, entitled Detailed Activities and Costs, attached hereto and incorporated herein. Allocation of such costs to the Member Agencies is set out in Exhibit B, entitled Member Agencies’ Annual Proportionate Shares and Costs, attached hereto and incorporated herein. Exhibit C outlines estimated individual Member Agencies’ allocations related to the Department of Resources Recycling and Recovery (CalRecycle) SB 1383 Local Assistance Grant Program (OWR1: 2021-22), attached hereto and incorporated herein.

No later than March 1 of each year, and at such other times as directed by the Parties, the TAC shall meet to consider and, if deemed necessary, modify Exhibits A, and B, and/or C subject to direction from the governing bodies of each Member Agency to its TAC representative.

Section 6. The District Agrees:

(a) District staff will manage activities as identified in Exhibit A and C, which activities include contracting with third party vendors when reasonably necessary and paying those vendors for contracted costs.

(b) Two times per year, on dates to be determined by the TAC, District will invoice Member Agencies for each Member Agency’s proportionate share of costs as shown in Exhibit B with each invoice to be fifty percent (50%) of the Member Agency’s share of costs.

(b)(c) Upon award of CalRecycle SB 1383 Local Assistance Grant Program funds, the District will invoice Member Agencies for their full allocation of grant funds as shown in Exhibit C. Four times during the grant term, aligned with dates identified by CalRecycle grant Terms & Conditions, the District shall report to Member Agencies a summary of actual grant expenditures and progress toward grant tasks to date.

(c) District will maintain an accounting of activities and expenses and provide reconciliation of payments annually. Material differences between estimated costs and actual incurred costs will result in either: 1) an adjustment made to the final annual payment for each Member Agency, or 2) such cost difference shall be incorporated into the subsequent year cost allocation.

EXHIBIT A
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(d) In year one only, in recognition of expected continuation of improved recycling revenues for the District from recyclable material sales, the District will off-set $140,000 of the costs identified in Exhibit A. This off-set is reflected in the cost allocations set out in Exhibit B for FY 2021-22.

Section 7. The Member Agencies Agree:

(a) To reimburse the District for all expenses incurred by the District under this MOU in accordance with each Member Agency’s proportionate share as shown on Exhibit B and C.

(b) To make a full-faith effort to cooperate with one another and with the District to achieve the purposes of this MOU by providing information, reviewing information in a timely manner, and informing their respective administration and governing bodies.

Section 8. Termination. Any Party may terminate its participation in this MOU upon giving written notice to the District no later than April 1 of any calendar year during the term of this MOU. Within ten days following a Party’s termination date, such party shall pay District all charges then due and payable and shall pay when determined any additional charges that shall later come due under the MOU, subject to the limits set out in Exhibits A, and B and C.

Section 9. General Provisions.

(a) This MOU is binding and for the benefit of the respective successors, heirs, and assigns of each Party and the District; provided however, no Party may assign its respective rights or obligations under this MOU without the prior written consent of the District.

(b) This MOU is governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California.

(c) If any provision of this MOU is determined by any court to be invalid, illegal, or unenforceable to any extent, then the remainder of this MOU will not be affected, and this MOU will be construed as if the invalid, illegal, or unenforceable provision had never been contained in this MOU.

(d) Waiver by the District or any Party to this MOU of any term, condition, or covenant of this MOU will not constitute a waiver of any other term, condition or covenant.

Waiver by the District or any Party of any breach of the provisions of this MOU will not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this MOU.

(e) This MOU may be executed in any number of counterparts, each of which is an original but all of which taken together will constitute one and the same instrument, provided, however, that such counterparts have been delivered to all parties to this MOU.

EXHIBIT A
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(f) All parties acknowledge they have been represented, or have had the opportunity to be represented, by counsel in the preparation and negotiation of this MOU. Accordingly, this MOU will be construed according to its fair language. Any ambiguities will be resolved in a collaborative manner by the District and the Parties and must be rectified by amending this MOU.

IN WITNESS WHEREOF, the District and the Parties have caused this MOU to be executed by their duly authorized representatives as of the date of their respective signatures.

MONTEREY REGIONAL WASTE MANAGEMENT DISTRICT