Agenda — Marina City Council, March 15, 2022

AGENDA

Tuesday, March 15, 2022 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

Council Chambers
211 Hillcrest Avenue
Marina, California

Zoom Meeting URL: https://zoom.us/j/730251556
Zoom Meeting Telephone Only Participation: 1-669-900-9128 - Webinar ID: 730 251 556

In accordance with California Government Code §54953(e)(1)(A) and (C) and the Proclamation of a State of Emergency issued by Governor Newsom o n March 4, 2020, under the provisions of Go vernment Code §8625 related to the COVID -19 (coronavirus) pandemic, consistent with recommendations by State and local health officials regarding social distancing and in order to prevent an imminent risk to the health and safety of attendees as determine d in Resolution 2022-32, public participation in City of Marina City Council public meetings shall be electronic only and without a physical location for public participation until the earlier of March 31, 2022, or such time as the City Council may ado pt a resolution in accordance with Government Code §54953(e)(3). This meeting is being broadcast “live” on Access Media Productions (AMP) Community Television Cable 25 and on t he City of Marina Channel and on the i nternet at https://accessmediaproductions.org/

PARTICIPATION
You may participate in the City Council meeting in real-time by calling Zoom Meeting via the weblink and phone number provided at the top of this a genda. Instructions on how to acce ss, vie w a nd 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 usi ng the “Raise Your Hand” feature in the webinar or by pressing *9 on your telephone keypad if joining by phone only. If you are unable to participate in real-time, you may email to [email protected] with the subject line “Public Comment Item#__ ” (insert the item number relevant to your comment) or “Public Comment – Non Agenda Item.” Comments will be reviewed and distr ibuted before the meeting if received by 5:00 p.m. on the day of the meeting. All com ments received will become part of t he record. Council will have the option to modify their action on items based on comments received.

AGENDA MATERIALS
Agenda materi als, staff reports and background information related to regular agenda items are available on the City of Marina’s websit e www.cityofmarina.org. Materials r elated to an item on this agenda submitted to the Coun cil after distribution of the agenda packet will be made available on the City of Mari na website www.cityofmarina.org subject to City staff’s ability to post the documents before the meeting

Agenda for City Council Meeting of Tuesday, March 15, 2022 Page 2

VISION STATEMENT
Marina will grow and mature from a small tow n bedroom community to a small city which i s diversified, vibrant and through pos itive relationships with regional agencies, self -sufficient. The City will develop in a way that insulates it from the negative impacts of urban sprawl to become a desirable residential and business community in a natural setting. (Resolution No. 2006-112 - May 2, 2006)

MISSION STATEMENT
The City Council will provide the leadership in protecting Marina’s natural setting while developing the City in a way that provides a bala nce of housing, jobs and business opportuni ties that will result in a community c haracterized by a desirable quality of life, including recreation and cultural opportunities, a safe environment and an economic viability that supports a high level of munici pal services and infrastructure. (Resolution No. 2006-112 - May 2, 2006)

1. CALL TO ORDER

Cristina Medina Dirksen, David Burnett, Lisa Berkley, Mayor Pro -Tem/Vice Chair Kathy Biala, Mayor/Chair Bruce C. Delgado

3. CLOSED SESSION: As permitted by Government Code Sect ion 54956 et seq., the (City Council, Airport Commissioners, Marina Abrams B Non -Profit Corporation, Preston Park Sustainable Communities Nonpr ofit Corporation, Successor Agency of the Former Redevelopment Agency M embers and Ma rina Groundwater Sustainabili ty Agency) may adjourn to a C losed or E xecutive Session to consider specific matters dealing with litigation, certain personnel matters, property negotiations or to confer with the City’s Meyers-Milias-Brown Act representative.
a. Conference with Legal Counsel – Anticipated Litigation: Significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of Govt. Code Section 54956.9: One potential case.
b. Conference with Legal Counsel – Existing Litigation pursuant to paragraph (10 of Subdivision (d) of Govt. Code Section 54956.9: Marina Aviation, LLC, v. City of Marina, FAA Docket No. 16-21-12.
c. Property Negotiations
i. Property: The Dunes on Monterey Bay, Opportunity Phase 1A, Hotel Site Negotiating Party: SJB Development L. P. ( Dadwal Management Group, Inc., its General Partner)
Property Negotiator: City Manager
Terms: Price and Terms
6:30 PM - RECONVENE OPEN SESSION AND REPORT ON ANY ACTIONS TAKEN I N

CLOSED SESSION

4. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE (Please stand)

5. SPECIAL PRESENTATIONS: None

Agenda for City Council Meeting of Tuesday, March 15, 2022 Page 3

7. CONSENT AGENDA FOR THE SUCCESSOR AGENCY TO THE FO RMER MARINA REDEVELOPMENT AGENCY: Background information has been pro vided to the Su ccessor Agency of the former Redevelopment Agency on all matters lis ted under the Consent Agenda, and these item s are considered to be routine. Al l items under the Consent Agenda ar e normally approved by one motion. Prior to such a motion being made, any member of the public or the City Council may a sk a question or make a c omment a bout an agenda item and s taff wil l provide a response. If discussi on or a lengthy explanation is requ ired, that item will b e removed from the Consent Agenda for Successor Agency to the former M arina Redevelopment Agency and placed at the end of Other Action Items Successor Agency to the former Marina Redevelopment Agency.

8. CONSENT AGENDA: Background information has been provid ed to the City Council, Airport Commission, Marina Abrams B Non-Profit Corporation, and Redevelopment Agency on all matters listed under the Consent Agenda, and these items are considered to be routi ne. All items under the Consent Agenda are normally appro ved by one motion. Prior to such a mo tion being made , any member of the public or the City Council may ask a question or make a comment about an agenda item and staff will provide a response. If di scussion or a lengthy ex planation is required, that item will be removed from the Consent Agenda and placed at the end of Other Action Items. a. ACCOUNTS PAYABLE:
(1) Accounts Payable Check Numbers 99412-99552, totaling $903,287.32 Accounts Payable for Successor Agency Check Number 82, totaling $1,780.00 b. MINUTES:
(1) February 23, 2022, Special City Council Meeting
(2) March 1, 2022, Regular City Council Meeting
c. CLAIMS AGAINST THE CITY:
(1) City Council Rejection of Claim - staff recommends that the City Council reject the following claim and direct sending appropriate notic e of reject ion to claimant: Mark Anthony Jiminez for a claim received on March 4, 2022. d. AWARD OF BID:
e. CALL FOR BIDS: None
f. ADOPTION OF RESOLUTIONS:
(1) City Council c onsider adopting Resolution No. 2022 -, regarding the Ralph M.

Brown Act (California Governmen t Code §§54950 -54963, making certain findings; and authorizing the City to c ontinue to implement remote teleconferenced public meetings of the City Council and its constituent bodies for the period April 1, 2022 through April 30, 2022.

Agenda for City Council Meeting of Tuesday, March 15, 2022 Page 4

(2) City Council consider adopting Resolution No. 2022-, authorize the purchase of a Forcible entry prop for $80,000.00 from Forcible Entry Equipment; and authorize the purchase of the Phenix TL -2 Firefighter helmets for $30,000. From Allstar Fire Equipment; and authorize the Finance Director to make necessary accounting and budgetary entries.
(3) City Council consider adopting Resolution No. 202 2-, preliminarily approving the Fiscal Year 2022-23 Engineer's Report for the Cypress Cove II Landscape Maintenance Assessment District; declaring its intention to levy an assessment in fiscal year 2022-23 in that district; and calling a public hearing for April 5, 2022. (4) City Council consider adopting Resolution No. 202 2-, preliminarily approving the Fiscal Year 2022-23 Engineer's Report for the Seabreeze Landscape Maintenance Assessment District; declaring i ts intention to levy an assessment in fiscal year 2022-23 in that district; and calling a public hearing for April 5, 2022. (5) City Council consider adopting Resolution No. 2022-, preliminarily approving the Fiscal Year 2022-23 Engineer's Report for the Monterey Bay Estates Lighting & Landscape Maintenance Assessment District; declaring its intention to levy an assessment in fiscal year 2022-23 in that district; and calling a public hearing for April 5, 2022.
g. APPROVAL OF AGREEMENTS:
(1) City Council consider adopting Resolution No. 2022-, approving assignment of a Lease, Assumption of Assignment of Lease and consent to Assignment of Lease for 3240 Imjin Road ( Building 5 10) between the City of Marina, Driven Performance, LLC and Joby Aero, Inc.; and authorizing City Manager to execute the Assignment of the Lease Agreement , on behalf of the Ci ty, sub ject to final review and approval by City Attorney.
(2) City Council consider adopting Res olution No. 2022 -, approving assignment of a lease, assumption of assignme nt of lease and consent to assignment of lease for 791 Neeson Road (Building 521) between the City of Marina, Fort Ord Works , Inc and Joby Aero, Inc.; and authorizing City Manager to execute the Assignment of the Lease Agreement , on behalf of the City, sub ject to final r eview and approval by City Attorney.
(3) City Council consider adopting Resolution No. 2022 -, approving Amendment No. 2 to the Program Management Services between the City of Marina and Wallace Group (WG), to add to the scope of work for the program management services for multiple projects defined under the Capital Improvement Program (CIP) and Airport Capital Improvement Program (ACIP); Increase the contract limit amount by $1,288,548.04 for a total contract limit of $2,601,794.04; and a uthorizing the City Manager to execute the amendment on behalf of the City subject to final review and approval by the City Attorney.
(4) City Council consider adopting Resolution No. 2022-, approving Amendment No. 1 to the On-Call Architectural Services agreement between the City of Marina and Jeff Katz Architecture (JKA) increasing the annual contract limit to $ 900,000 for fiscal year 2022-2023; authorizing the City Manager to execute the amendment on behalf of the City subject to final review and approval by the City Attorney. h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
Agenda for City Council Meeting of Tuesday, March 15, 2022 Page 5

i. MAPS: None
j. REPORTS: (RECEIVE AND FILE):
k. FUNDING & BUDGET MATTERS: None
l. APPROVE ORDINANCES (WAIVE SECOND READING): None
m. APPROVE APPOINTMENTS:

9. PUBLIC HEARINGS: None

11. 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. The public is invited to approach the podium to provide up to four (4) minutes of public comment.

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. City Counci l consider adopting Resolution No. 2022 -, approving city to advertise and call for bids for the execution of the City Park Barracks and Cy press Knolls Buildings Blight Removal 2022 Project.
b. City Counc il consi der adopting R esolution No. 2022 -, approving Vehicle Mile Traveled (VMT) as a threshold of significance for the p urposes of asse ssing transportation impacts under the California Environmental Quality Act (CEQA) ; and find that the action is exempt from CEQA pursuant to Section 15308 of the CEQA Guidelines.

13. ADJOURNMENT:

CERTIFICATION

I, Anita Sharp, Deputy City Clerk, of the City of Marina, do hereby certify that a copy of the foregoing agenda was posted at City Hall and Council C hambers Bulletin Board at 211 Hi llcrest Avenue, Monterey County Library Marina Branch at 190 Seaside Circle, City Bulletin Board at the corner of Reservation Road and Del Monte Boulevard on or before 6:30 p.m., Friday, March 11, 2022.

___________________________________

ANITA SHARP, DEPUTY CITY CLERK
Agenda for City Council Meeting of Tuesday, March 15, 2022 Page 6

City Council, Airport Commission and Redev elopment Agency meet ings are recorded on tape and available for public review and listening at the Office of the City Clerk and kept for a period of 90 days after the formal approval of MINUTES.

City Council meetings may be vie wed live on the meeting night and at 1 2:30 p.m. and 3:00 p.m. on Cable Chan nel 2 5 on th e Sunday following th e Regular City Council meeting date. In addition, Council m eetings can be viewed at 6: 30 p.m. every Monday, Tuesday a nd W ednesday. For more information ab out viewing t he Counc il Meetings on Chann el 2 5, y ou ma y contact Acc ess M onterey Peninsula directly at 831-333-1267.

Agenda items and staff re ports are public re cord a nd are available for public review on the City's website (www.ciytofmarina.org), at the Monterey C ounty Marina Li brary Branch at 190 Seaside Circle and at the Office of the City Clerk at 211 Hillcrest Avenue, Marina between the hours of 10:00 a.m. 5:00 p.m., on the Monday preceding the meeting.

Supplemental materials received after the close of the final agenda and through noon on the day of the scheduled meeting will be available for pu blic review at the City C lerk’s Office during regular office hours and in a ‘Supplemental Binder’ at the meeting.

Members of the public may receive the City Council, Airport Commission and Successor Agency of the Former Redevelopment A gency Age nda at a cos t o f $55 per year or by p roviding a self -addressed, stamped envelope to the C ity Clerk. The Agenda is also available at no cost via email by notifying the City Clerk at [email protected]
ALL MEETINGS A RE OPEN TO THE PUBLIC. T HE CIT Y OF M ARINA DOE S N OT DISCRIMINATE AGAINST PERS ONS WITH D ISABILITIES. Council Chambers are wheelc hair accessible. meetings are broadcast on cable channel 25 and recordings of meetings can be provided upon request. to request assistive listening devi ces, sign language in terpreters, readers, large prin t agendas or other accommodations, please call (831) 884-1278 or e-mail: [email protected]. requests must be made at least 48 hours in advance of the meeting.

U p c o m i n g 20 2 2 M e e t i n g s o f t h e C i t y C o u n c i l , A i r p o r t C om m i s s i o n, M a r i n a A b r a m s B N o n - P r o f i t C o r p o r a t i o n , P r e s t o n P ar k S u s t a i n a b l e C o m m u n i t y N o n p r o f i t C o r p o r a t i o n , S u c c e s s o r A g e n c y o f t h e F o r m e r R e d e v e l o p me n t A g e n c y a n d M a r i n a Gr o undw a t e r S u s t a i n a b i l i t y A g e n c y R e g u l a r M eet i n g s : 5: 0 0 p . m . C l o s e d S e s s i o n; 6 : 30 p .m . R e g u l a r O p e n S e s s i o n s

Tuesday, April 5, 2022
Tuesday, April 19, 2022

*Wednesday, September 7, 2022
Tuesday, September 20, 2022

Tuesday, May 3, 2022
Tuesday, May 17, 2022

**Thursday, October 6, 2022
Tuesday, October 18, 2022

Tuesday, June 7, 2022
Tuesday, June 21, 2022

Tuesday, November 1, 2022
Tuesday, November 15, 2022

*Wednesday, July 6, 2022
Tuesday, July 19, 2022

Tuesday, December 6, 2022
Tuesday, December 20, 2022
Tuesday, August 2, 2022
Tuesday, August 16, 2022

Agenda for City Council Meeting of Tuesday, March 15, 2022 Page 7

* Regular Meeting rescheduled due to Monday Holiday
** Regular Meeting rescheduled due to Religious Holiday NOTE: Regular Meeting dates may be rescheduled by City Council only.

_________________________________________

CI T Y H A L L 2022 H O L I D A Y S
(City Hall Closed)

Memorial Day -------------------------------------------------------------- Monday, May 30, 2022 Independence Day (City Offices Closed) -------------------------------- Monday, July 4, 2022 Labor Day ------------------------------------------------------------- Monday, September 5, 2022 Veterans Day ---------------------------------------------------------- Friday, November 11, 2022 Thanksgiving Day ------------------------------------------------ Thursday, November 24, 2022 Thanksgiving Break -------------------------------------------------- Friday, November 25, 2022 Winter Break ------------------------ Friday, December 23, 2022-Friday, December 30, 2022

__ ______________ ______

2022 COMMISSION DATES

Up c o m i n g 202 2 M e e t i n g s of D e s i g n R e v i e w B o a r d 3rd Wednesday of every month. Meetings are held at the Council Chambers at 6:30 P.M. ** = Change in location due to conflict with Council meeting

March 16, 2022 June 15, 2022 September 21, 2022
April 20, 2022 July 20, 2022 October 19, 2022
May 18, 2022 August 17, 2022 November 16, 2022
December 21, 2022

U p c o m i n g 202 2 Mee t i n g s o f E c o n o m i c D e v el o p m e n t C o m m i s s i on 3rd Thursday of every month. Meetings are held at the Council Chambers at 4:00 P.M.

March 17, 2022 June 16, 2022 September 15, 2022
April 21, 2022 July 21, 2022 October 20, 2022
May 19, 2022 August 18, 2022 November 17, 2022
December 15, 2022 (Cancelled)

Upc o m i n g 2022 Me e t i n g s o f P l a n n i n g C o m m i s s i o n 2nd and 4th Thursday of every month. Meetings are held at the Council Chambers at 6:30 P.M.

March 24, 2022 July14, 2022 September 8, 2022
April 14, 2022 July 28, 2022 September 22, 2022
April 28, 2022 August 8, 2022 October 13, 2022
May 12, 2022 August 22, 2022 October 27, 2022
May 26, 2022 November 10, 2022
June 9, 2022
June 23, 2022 December 18, 2022

Agenda for City Council Meeting of Tuesday, March 15, 2022 Page 8

U p c o m i n g 2022 M e e t i n g s o f P u b l i c W o r k s C o m m i s s i o n 3rd Thursday of every month. Meetings are held at the Council Chambers at 6:30 P.M.

March 17, 2022 June 16, 2022 September 15, 2022
April 21, 2022 July 21, 2022 October 20, 2022
May 19, 2022 August 18, 2022 November 17, 2022
December 15, 2022

U p c o m i n g 2022 M e e t i n g s of R e c r e a t i o n & C u l t u r a l S e r v i c e s C o m mi ssi on
1st Wednesday of every quarter month. Meetings are held at the Council Chambers at 6:30 P.M.

April 6, 2022 September 1, 2022 December 1, 2022

U p c o m i n g 2022 M e e t i n g s o f M a r i n a T r e e C o m m i t t e e 2nd Wednesday of every quarter month as needed. Meetings are held at the Council Chambers at 6:30 P.M.

April 13, 2022 July 13, 2022 October 12, 2022

Bank Account: 905 - Chase - Checking
Check 03/04/2022 99412 Accounts Payable Ace Hardware 68.68 Invoice Date Description Amount.
081322 02/26/2022 Supplies for Station 2 24.40
081263 02/20/2022 Materials to make rope barrier, for parking at Station 2 44.28 Check 03/04/2022 99413 Accounts Payable Ace Hardware 29.46 Invoice Date Description Amount.
081295 02/23/2022 Traffic Signal Preventative Maintenance 18.55 081278 02/22/2022 Batteries 10.91
Check 03/04/2022 99414 Accounts Payable Advantage Gear 816.68 Invoice Date Description Amount.
50712-1 02/04/2022 Uniform for Carlos Vega 326.63
50380-1 01/25/2022 Uniform shirts for Carlos Vega 310.30 49414-1 12/21/2021 Uniform pants for RFF Ivo Jiminez 179.75 Check 03/04/2022 99415 Accounts Payable Aramark Uniform Service 3,371.50 Invoice Date Description Amount.
511000206234 01/19/2022 Uniforms 70.51
511000206229 01/19/2022 Uniforms 46.58
511000206226 01/19/2022 Uniforms 40.87
511000206232 01/19/2022 Uniforms 19.93
511000210567 01/26/2022 Uniforms 19.93
511000210564 01/26/2022 Uniforms 40.87
511000210565 01/26/2022 Uniforms 46.58
511000210568 01/26/2022 Uniforms 70.51
511000215384 02/02/2022 Uniforms 19.93
511000215382 02/02/2022 Uniforms 59.76
511000215383 02/02/2022 Uniforms 46.58
511000215385 02/02/2022 Uniforms 70.51
511000222616 02/16/2022 Uniforms 8.53
511000222614 02/16/2022 Uniforms 45.18
511000222615 02/16/2022 Uniforms 46.58
511000222617 02/16/2022 Uniforms 70.51
Marina, CA LIVE
AP Check Register 03-04-22
Bank Account: 905 - Chase - Checking
Batch Date: 03/04/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Monika Collier Pages: 1 of 10 3/3/2022 9:35:06 AM Agenda Item: 8a
1 511000226455 02/23/2022 Uniforms 657.31
511000226453 02/23/2022 Uniforms 45.18
511000226454 02/23/2022 Uniforms 46.58
511000226456 02/23/2022 Uniforms 70.51
511000139447 10/06/2021 Uniforms 40.87
511000139448 10/06/2021 Uniforms 46.05
511000139449 10/06/2021 Uniforms 19.93
511000139450 10/06/2021 Uniforms 54.21
511000143736 10/13/2021 Uniforms 40.87
511000143740 10/13/2021 Uniforms 46.05
511000143742 10/13/2021 Uniforms 19.93
511000143744 10/13/2021 Uniforms 54.21
511000147640 10/20/2021 Uniforms 40.87
511000147643 10/20/2021 Uniforms 46.05
511000147646 10/20/2021 Uniforms 19.93
511000147648 10/20/2021 Uniforms 70.51
511000152569 10/27/2021 Uniforms 40.87
511000152570 10/27/2021 Uniforms 46.05
511000152571 10/27/2021 Uniforms 19.93
511000152572 10/27/2021 Uniforms 70.51
511000160459 11/10/2021 Uniforms 40.87
511000160462 11/10/2021 Uniforms 43.13
511000160463 11/10/2021 Uniforms 19.93
511000160465 11/10/2021 Uniforms 70.51
511000164689 11/17/2021 Uniforms 40.87
511000164691 11/17/2021 Uniforms 43.13
511000164693 11/17/2021 Uniforms 19.93
511000164694 11/17/2021 Uniforms 70.51
511000169337 11/24/2021 Uniforms 40.87
511000169343 11/24/2021 Uniforms 295.82
511000169347 11/24/2021 Uniforms 19.93
511000169348 11/24/2021 Uniforms 70.51
511000193336 12/29/2021 Uniforms 19.93
511000197559 01/05/2022 Uniforms 40.87
511000197565 01/05/2022 Uniforms 46.58
Marina, CA LIVE
AP Check Register 03-04-22
Bank Account: 905 - Chase - Checking
Batch Date: 03/04/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Monika Collier Pages: 2 of 10 3/3/2022 9:35:06 AM 2 01/05/2022 Uniforms 19.93
511000197573 01/05/2022 Uniforms 70.51
511000202284 01/12/2022 Uniforms 40.87
511000202286 01/12/2022 Uniforms 46.58
511000202287 01/12/2022 Uniforms 19.93
511000202289 01/12/2022 Uniforms 70.51
Check 03/04/2022 99416 Accounts Payable ARC Document Solutions 282.96 Invoice Date Description Amount.
2527709 12/21/2021 ARC Invoice - Dec 2021 282.96
Check 03/04/2022 99417 Accounts Payable AT & T 701.24
Invoice Date Description Amount.
02-14-22 02/14/2022 Phone Service 02/14/2022 701.24
Check 03/04/2022 99418 Accounts Payable AT & T 183.51
Invoice Date Description Amount.
000017764209 02/13/2022 Phone Service 02/13/2022 166.16 000017773380 02/15/2022 Internet Service 02/15/2022 17.35 Check 03/04/2022 99419 Accounts Payable Bound Tree Medical 2,569.24 Invoice Date Description Amount.
84405755 02/15/2022 Medical Supplies - Oxygen Regulator, Hose Barb 139.82 84403824 02/14/2022 Medical Supplies - Digital BP Monitor, Face Masks 627.61 84405756 02/15/2022 Medical Supplies 1,801.81
Check 03/04/2022 99420 Accounts Payable Branch's Janitorial 5,121.35 Invoice Date Description Amount.
228341 02/23/2022 Janitorial Services - City Wide 2,886.35 228343 02/23/2022 Janitorial Service - Police/Fire/Airport February 2022 2,235.00 Check 03/04/2022 99421 Accounts Payable Carmel Fire Protection Associates 4,000.00 Invoice Date Description Amount.
122041 02/05/2022 Plan Review & Inspection Sea Haven City Park Restroom 200.00 122048 02/09/2022 Plan Review and Inspection at Joby Pilot Lounge 200.00 122049 02/09/2022 Plan Review and Inspection at Joby Pilot Lounge 200.00 Marina, CA LIVE
AP Check Register 03-04-22
Bank Account: 905 - Chase - Checking
Batch Date: 03/04/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Monika Collier Pages: 3 of 10 3/3/2022 9:35:06 AM 3 122043 02/09/2022 Plan review and inspections at 422 Barcourt Way 200.00 122044 02/09/2022 Plan review and inspections at 444 Barcroft Way 200.00 122045 02/09/2022 Plan review and inspections at 446 Barcroft Way 200.00 122046 02/09/2022 Plan review and inspections at 463 Russell Way 200.00 122047 02/09/2022 Plan review and inspections at 440 Barcroft Way 200.00 122056 02/12/2022 Plan review and inspections at 461 Russell Way 200.00 122028 02/05/2022 Plan review and inspection at 3018 Minaret Way 200.00 122029 02/05/2022 Plan review and inspection at 3016 Minaret Way 200.00 122030 02/05/2022 Plan review and inspection at 3014 Minaret Way 200.00 122031 02/05/2022 Plan review and inspection at 3012 Minaret Way 200.00 122032 02/05/2022 Plan review and inspection at 3010 Minaret Way 200.00 122033 02/05/2022 Plan review and inspection at 2998 Minaret Way 200.00 122034 02/05/2022 Plan review and inspection at 2996 Minaret Way 200.00 122035 02/05/2022 Plan review and inspection at 468 Lassen Way 200.00 122036 02/05/2022 Plan review and inspection at 470 Lassen Way 200.00 122037 02/05/2022 Plan review and inspection at 472 Lassen Way 200.00 122038 02/05/2022 Plan review and inspection at 474 Lassen Way 200.00 Check 03/04/2022 99422 Accounts Payable Carmel Roasters, Inc. 327.75 Invoice Date Description Amount.
63183 02/09/2022 FD Coffee - 4 boxes 327.75
Check 03/04/2022 99423 Accounts Payable Central Valley Toxicology 78.00 Invoice Date Description Amount.
317151 12/27/2021 Toxicology MG2102336 12/27/2021 78.00 Check 03/04/2022 99424 Accounts Payable Chaz Design 1,724.95 Invoice Date Description Amount.
3390 12/20/2021 Police Graphics - Unit 820 1,724.95
Check 03/04/2022 99425 Accounts Payable Cheryl Kent 1,620.00 Invoice Date Description Amount.
2022-20 02/10/2022 Code Enforcement Investigations 540.00 2022-25 02/24/2022 Code Enforcement Investigations 1,080.00 Check 03/04/2022 99426 Accounts Payable Cintas Corporation 81.05 Marina, CA LIVE
AP Check Register 03-04-22
Bank Account: 905 - Chase - Checking
Batch Date: 03/04/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Monika Collier Pages: 4 of 10 3/3/2022 9:35:06 AM 4 Invoice Date Description Amount.
4111165799 02/18/2022 Mat Service-Police/Fire 02/18/22 81.05 Check 03/04/2022 99427 Accounts Payable City Of Monterey 750.00 Invoice Date Description Amount.
95450 02/10/2022 Hazmat FRO RECERT Training (15) 750.00 Check 03/04/2022 99428 Accounts Payable Clears, Inc. 50.00 Invoice Date Description Amount.
02-17-22 02/17/2022 Membership 02/17/2022 50.00
Check 03/04/2022 99429 Accounts Payable County of Santa Clara 998.13 Invoice Date Description Amount.
1800080463 02/09/2022 COPLINK Sharing System 02/09/2022 998.13 Check 03/04/2022 99430 Accounts Payable Critical Reach 330.00 Invoice Date Description Amount.
2029 12/08/2021 APBnet Annual Support Fee 330.00
Check 03/04/2022 99431 Accounts Payable CSG Consultants 12,154.00 Invoice Date Description Amount.
41279 01/14/2022 Fire Inspection by CSG: Eric Rodewald 760.00 41768 02/11/2022 Building Inspection Services thru 01/28/2022 11,394.00 Check 03/04/2022 99432 Accounts Payable Della Mora Heating, Inc. 2,775.00 Invoice Date Description Amount.
14706 02/16/2022 Public Safety Building HVAC Repair 2,775.00 Check 03/04/2022 99433 Accounts Payable Donna Crouse 250.00 Invoice Date Description Amount.
02-19-22 vd 02/19/2022 Rental Refund - Vince DiMaggio 250.00 Check 03/04/2022 99434 Accounts Payable Ergometrics & Applied Pers. Research 291.08 Invoice Date Description Amount.
141246 11/30/2021 Testing Materials & shipping charges 291.08 Check 03/04/2022 99435 Accounts Payable FedEx 60.74
Marina, CA LIVE
AP Check Register 03-04-22
Bank Account: 905 - Chase - Checking
Batch Date: 03/04/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Monika Collier Pages: 5 of 10 3/3/2022 9:35:06 AM 5 Invoice Date Description Amount.
7-666-30801 02/18/2022 Shipping 02/18/2022 33.81
7-673-37283 02/25/2022 Shipping 02/25/2022 26.93
Check 03/04/2022 99436 Accounts Payable First Alarm 440.37 Invoice Date Description Amount.
663607 02/15/2022 Alarm Monitoring - Council Chambers Audio Room 97.20 665996 02/15/2022 Alarm Monitoring - 3200 Del Monte Blvd - VDP 156.09 665997 02/15/2021 Alarm 02/15/2021 187.08
Check 03/04/2022 99437 Accounts Payable Home Depot Credit Service 324.24 Invoice Date Description Amount.
02-22-22 02/22/2022 Score Boards - Preston Park 75.15
02-23-22 02/23/2022 Corp Yard Kitchen Faucet 249.09
Check 03/04/2022 99438 Accounts Payable Interstate Battery 285.94 Invoice Date Description Amount.
120119711 02/22/2022 2 - MTP-65HD Batteries - Boom Truck 285.94 Check 03/04/2022 99439 Accounts Payable LC Action 2,427.05 Invoice Date Description Amount.
435662 02/18/2022 Firearm Equipment 2,427.05
Check 03/04/2022 99440 Accounts Payable Liebert Cassidy Whitmore 8,479.00 Invoice Date Description Amount.
212755 01/31/2022 Case #MA130-00037 1,692.00
212744 01/31/2022 Case#MA130-00036 725.00
212731 01/31/2022 Case #MA130-00035 2,077.00
212701 01/31/2022 Claim # MA130-0031 234.00
212004 01/31/2022 Claim # MA130-00001 3,751.00
Check 03/04/2022 99441 Accounts Payable Marina Coast Water District 2,968.30 Invoice Date Description Amount.
000056041 123121 12/31/2021 Utilities 12/31/2021 275.77 000056045 021722 02/17/2022 Water Charges 1,734.57
000056046 021722 02/17/2022 Water Charges 150.82
Marina, CA LIVE
AP Check Register 03-04-22
Bank Account: 905 - Chase - Checking
Batch Date: 03/04/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Monika Collier Pages: 6 of 10 3/3/2022 9:35:06 AM 6 000056094 021722 02/17/2022 Water Charges 426.66
012016000 021722 02/17/2022 Water Charges 36.77
000056040 021722 02/17/2022 Water Charges 27.26
000056006 021722 02/17/2022 Water Charges 47.72
000056028 021722 02/17/2022 Water Charges 36.77
000056042 021722 02/17/2022 Water Charges 89.02
000056090 021722 02/17/2022 Water Charges 60.52
000056061 021722 02/17/2022 Water Charges 82.42
Check 03/04/2022 99442 Accounts Payable Monterey Bay Lovedpet 400.00 Invoice Date Description Amount.
2022-315726 02/23/2022 Freezer Cleanup 400.00
Check 03/04/2022 99443 Accounts Payable Monterey County Peace Officers Association
420.00
Invoice Date Description Amount.
2022013R 02/21/2022 Shooting Range 02/21/2022 420.00
Check 03/04/2022 99444 Accounts Payable Monterey Tire Service 1,517.43 Invoice Date Description Amount.
1-104563 02/25/2022 Tires, alignment and balancing for 5461 1,517.43 Check 03/04/2022 99445 Accounts Payable Motorola Solutions, Inc. 818.33 Invoice Date Description Amount.
16173230 02/08/2022 Prof Svc - Other 818.33
Check 03/04/2022 99446 Accounts Payable Office Depot 126.89 Invoice Date Description Amount.
210384924001 12/14/2021 Planning Office Supplies 12.77
216258990001 12/22/2021 Building Dept Supplies 44.78
218018279001 12/21/2021 Building Dept Supplies 69.34
Check 03/04/2022 99447 Accounts Payable Office Depot 504.40 Invoice Date Description Amount.
205553527001 10/22/2021 Office Supplies 10/22/2021 50.90 205553524001 10/22/2021 Office Supplies 10/22/2021 258.14 205543367001 10/22/2021 Office Supplies 10/22/2021 23.69 Marina, CA LIVE
AP Check Register 03-04-22
Bank Account: 905 - Chase - Checking
Batch Date: 03/04/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Monika Collier Pages: 7 of 10 3/3/2022 9:35:06 AM 7 210384924001 12/14/2021 Office Supplies 12/14/2021 12.77 210426991001 12/15/2021 Office Supplies 12/15/2021 44.78 216258990001 12/22/2021 Office Supplies 12/22/2021 44.78 218018279001 12/21/2021 Office Supplies 12/21/2021 69.34 Check 03/04/2022 99448 Accounts Payable Pacific Gas & Electric 2,963.17 Invoice Date Description Amount.
767-2.FEB22 02/09/2022 Utilities 02/09/2022 94.41
272-1.FEB22 02/16/2022 PG&E - 2862559272-1 41.57
683-2.FEB22 02/16/2022 PG&E 6217294683-2 1,391.74
362-9.FEB22 02/17/2022 PG&E - 5996678362-9 124.04
172-2.FEB22 02/17/2022 PG&E - 5618207172-2 778.13
533-8.FEB22 02/16/2022 PG&E - 2253666533-8 128.57
795-7.FEB22 02/18/2022 PG&E - 4467294795-7 404.71
Check 03/04/2022 99449 Accounts Payable Pinnacle Healthcare 1,510.00 Invoice Date Description Amount.
335600 02/08/2022 Pinnacle Healthcare - Pre Emp Px 202.00 336890 02/10/2022 Pinnacle Healthcare - Pre Emp Px 252.00 337540 02/15/2022 Pinnacle Healthcare - Pre Emp Px 202.00 337280 02/14/2022 Pinnacle Healthcare - Pre Emp Px 202.00 337770 02/16/2022 Pinnacle Healthcare - Pre Emp Px 652.00 Check 03/04/2022 99450 Accounts Payable Quill Corporation 615.98 Invoice Date Description Amount.
22877474 02/07/2022 Office Supplies 02/07/2022 53.52
22904884 02/07/2022 Office Supplies 02/07/2022 24.02
23211693 02/18/2022 Supplies 02/18/2022 356.02
23217098 02/21/2022 Office Supplies 02/21/2022 86.30
23188865 02/18/2022 Office Supplies 02/18/2022 16.38
23189691 02/18/2022 Office Supplies 02/18/2022 79.74
Check 03/04/2022 99451 Accounts Payable Robert R. Wellington 7,263.00 Invoice Date Description Amount.
26082 02/18/2022 Cal Am Matters - January 2022 108.00
26095 02/18/2022 The Dunes - January 2022 126.00
Marina, CA LIVE
AP Check Register 03-04-22
Bank Account: 905 - Chase - Checking
Batch Date: 03/04/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Monika Collier Pages: 8 of 10 3/3/2022 9:35:06 AM 8 26083 02/18/2022 Code Enforcement Matters - January 2022 18.00 26084 02/18/2022 Covid 19 Issues - January 2022 198.00
26089 02/18/2022 Misc Litigation Matters - January 2022 54.00 26094 02/18/2022 Tax & Finance Matters - January 2022 396.00 26093 02/18/2022 Abrams Park-Marina Height-Sea Haven - January 2022 603.00 26092 02/18/2022 Public Records Act Requests - January 2022 522.00 26091 02/18/2022 Police Personnel Matters - January 2022 297.00 26090 02/18/2022 Misc Personnel Matters - January 2022 1,181.00 26088 02/18/2022 Marina Equestrian Center - January 2022 234.00 26087 02/18/2022 Land Use & Operations - January 2022 1,545.00 26085 02/18/2022 Election Matters - January 2022 558.00 26061 01/07/2022 The Dunes - Dec 2021 261.00
26014 12/15/2021 Marina Station - November 2021 423.00
25978 11/19/2021 Marina Station - October 2021 603.00
25912 10/01/2021 Marina Station - August 2021 18.00
25135 03/12/2020 Marina Dunes RV Park - December 2019 56.00 25875 08/24/2021 Marina Dunes RV Park - July 2021 30.00 25179 03/24/2020 Marina Dunes RV Park - January 2020 16.00 25408 08/11/2020 Marina Dunes RV Park - July 2020 16.00 Check 03/04/2022 99452 Accounts Payable Ryan Ranch Printers 219.63 Invoice Date Description Amount.
22876 02/23/2022 Business Cards - Kathy Biala 103.79
22898 02/28/2022 Postcards for Planning 115.84
Check 03/04/2022 99453 Accounts Payable Shartsis Friese LLP 175,815.85 Invoice Date Description Amount.
5448150 12/23/2021 Professional Services - MPWSP - November 2021 175,815.85 Check 03/04/2022 99454 Accounts Payable Sierra Springs & Alhambra 162.20 Invoice Date Description Amount.
7266038 021822 02/18/2022 Water Cooler Rental and Replacement Water 57.36 14225799 021322 02/13/2022 5g Fresh Water Delivery Service Eng. 104.84 Check 03/04/2022 99455 Accounts Payable SpeakWrite 505.47 Invoice Date Description Amount.

Marina, CA LIVE
AP Check Register 03-04-22
Bank Account: 905 - Chase - Checking
Batch Date: 03/04/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Monika Collier Pages: 9 of 10 3/3/2022 9:35:06 AM 9 b37d4641 03/01/2022 Transcription 03/01/2022 505.47
Check 03/04/2022 99456 Accounts Payable Taygeta Scientific, Inc. 2,000.00 Invoice Date Description Amount.
000423-R-0039 03/01/2022 Network Defense/Mar22 2,000.00 Check 03/04/2022 99457 Accounts Payable United Way Monterey County 5,000.00 Invoice Date Description Amount.
07-20-21 07/20/2021 Financial Support for 211 Monterey County 2021/2022 5,000.00 Check 03/04/2022 99458 Accounts Payable USA Towing Inc. 210.00 Invoice Date Description Amount.
175488 01/11/2022 Towing 01/11/2022 210.00
Check 03/04/2022 99459 Accounts Payable Xerox Financial Services 239.26 Invoice Date Description Amount.
3105297 02/25/2022 FD Monthly Copier Charges - 02/17/22 - 03/16/22 239.26 Check 03/04/2022 99460 Accounts Payable Zoom Imaging Solutions 284.84 Invoice Date Description Amount.

IN2485326 02/23/2022 Toner/Meter Read 02/23/2022 284.84 EFT 03/04/2022 2112 Accounts Payable Richard B. Standridge 121042882 / 8312012522 3,182.50 Invoice Date Description Amount.
22-04 02/25/2022 Services 02-14/02-24-22 3,182.50
EFT 03/04/2022 2113 Accounts Payable Wex Bank 071000288 / 4539508 267.76 Invoice Date Description Amount.
77702167 01/23/2022 Patrol Gas Cards 267.76
905 Chase - Checking Totals: Transactions: 51 $257,586.93 Checks: 49 $254,136.67
EFTs: 2 $3,450.26
Marina, CA LIVE
AP Check Register 03-04-22
Bank Account: 905 - Chase - Checking
Batch Date: 03/04/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Monika Collier Pages: 10 of 10 3/3/2022 9:35:06 AM 10 Bank Account: 905 - Chase - Checking
Check 03/11/2022 99461 Accounts Payable Ace Hardware 27.29 Invoice Date Description Amount.
081384 03/03/2022 Station 2 Cleaning Supplies 7.64
081387 03/03/2022 Stripper floor wax 19.65
Check 03/11/2022 99462 Accounts Payable Ace Hardware 100.11 Invoice Date Description Amount.
081260 02/18/2022 key, handle & fasteners 35.72
081290 02/23/2022 brush, snaps, rags & chain 64.39
Check 03/11/2022 99463 Accounts Payable Anita Kerezsi 1,875.00 Invoice Date Description Amount.

Marina-22-2 02/28/2022 State Mandated Cost Claims FY21-22 1,875.00 Check 03/11/2022 99464 Accounts Payable American Supply Co. 2,543.56 Invoice Date Description Amount.
0166727 02/22/2022 Janitorial Supplies 2,031.50
0166349 02/07/2022 Janitorial Supplies 90.57
0166726 02/22/2022 Trash Bags for Parks 421.49
Check 03/11/2022 99465 Accounts Payable Andersen's Lock & Safe, Inc. 46.50 Invoice Date Description Amount.
42002 03/02/2022 Finance Office Desk Lock Repair 46.50
Check 03/11/2022 99466 Accounts Payable Aramark Uniform Service 227.55 Invoice Date Description Amount.
511000230605 03/02/2022 Shop Rags 70.51
511000230600 03/02/2022 Public Works Uniforms 112.88
511000230597 03/02/2022 Public Works Uniforms 17.81
511000230601 03/02/2022 Public Works Uniforms 26.35
Check 03/11/2022 99467 Accounts Payable AT & T 276.72
Invoice Date Description Amount.
000017815252 02/27/2022 CALNET3-9391023477 (582-9803) 22.56 000017815246 02/27/2022 CALNET3-9391023471 (582-0100) 47.80 Marina, CA LIVE
AP Check Register 03-11-22
Bank Account: 905 - Chase - Checking
Batch Date: 03/11/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Monika Collier Pages: 1 of 10 3/10/2022 9:36:18 AM 11 000017816987 02/28/2022 CALNET3-9391023466 (384-8477) 43.44 000017816984 02/28/2022 CALNET3-9391023463 (384-7854) 22.56 000017816960 02/28/2022 CALNET3-9391023441 (384-0888) 22.56 000017816956 02/28/2022 CALNET3-9391023437 (384-0425) 72.59 000017816989 02/28/2022 CALNET3-9391023468 (384-9148) 22.59 000017816959 02/28/2022 CALNET3-9391023440 (384-0860) 22.62 Check 03/11/2022 99468 Accounts Payable Bear Electrical Solutions, Inc. 9,925.00 Invoice Date Description Amount.
14983 03/02/2022 Pole Replacement - Vista Del Camino & Reservation 8,375.00 14987 03/03/2022 Ped. Sign Replacement - Res and Del Monte 1,550.00 Check 03/11/2022 99469 Accounts Payable Branch's Janitorial 2,059.47 Invoice Date Description Amount.
228342 02/23/2022 Custodial Services for February 2022 2,059.47 Check 03/11/2022 99470 Accounts Payable Carlos Ramirez 250.00 Invoice Date Description Amount.
02-25-22 vd 02/25/2022 Rental Refund - Vince DiMaggio 250.00 Check 03/11/2022 99471 Accounts Payable Cintas Corporation 131.99 Invoice Date Description Amount.
4112523015 03/04/2022 Mat Service-Police/Fire 03/04/22 81.05 4112522971 03/04/2022 Mat Service City Hall 50.94
Check 03/11/2022 99472 Accounts Payable Comcast 247.02
Invoice Date Description Amount.
02-14-22 02/14/2022 Teen Center Cable Fees 177.32
02-26-22 02/26/2022 Cable Service Police & Fire 03/04/22 to 04/03/22 69.70 Check 03/11/2022 99473 Accounts Payable Commercial Environment Landscape 2,900.00 Invoice Date Description Amount.
2796-0222 02/21/2022 Airport Landscape Services_Feb. 22 2,900.00 Check 03/11/2022 99474 Accounts Payable CSG Consultants 5,703.00 Invoice Date Description Amount.
41376 01/14/2022 CSG Eng: Locke Paddon CFD 165.00
Marina, CA LIVE
AP Check Register 03-11-22
Bank Account: 905 - Chase - Checking
Batch Date: 03/11/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Monika Collier Pages: 2 of 10 3/10/2022 9:36:18 AM 12 41377 01/14/2022 CSG Eng: Cypress Cove LMD 753.00
41378 01/14/2022 CSG Eng: (APR 1801) Annual Sts Resurfacing 1,650.00 41383 01/14/2022 RWQCB 330.00
41382 01/14/2022 Staff Augmentation 2,805.00
Check 03/11/2022 99475 Accounts Payable Diablo Engineering Group 8,295.02 Invoice Date Description Amount.
2070 06/02/2021 2nd Ave Extension & Patton Pkwy (R5) 8,295.02 Check 03/11/2022 99476 Accounts Payable Don Chapin Company, Inc. 14,434.78 Invoice Date Description Amount.
65703 02/16/2022 Measure X Capital Projects Annual Street 14,434.78 Check 03/11/2022 99477 Accounts Payable Epic Aviation 24,988.75 Invoice Date Description Amount.
7531582 02/21/2022 Airport_Jet A Fuel Purchase 24,988.75 Check 03/11/2022 99478 Accounts Payable Fastenal Company 6,380.73 Invoice Date Description Amount.

CASAL150056 02/15/2022 Staff Tools 1,140.62
CASAL150220 02/23/2022 Staff Tools 2,422.82
CASAL150348 02/28/2022 Staff Tools 2,087.87
CASAL135463 02/08/2021 Supply Vending Machine 439.91
CASAL149994 02/14/2022 Staff Tools 289.51
Check 03/11/2022 99479 Accounts Payable First Alarm 133.25 Invoice Date Description Amount.
666378 02/17/2022 Service Call & Standby Battery - 209 Cypress Ave 133.25 Check 03/11/2022 99480 Accounts Payable Gatzke Dillon & Ballance 2,891.00 Invoice Date Description Amount.
13780 02/17/2022 Airport - FAA Issues - January 1-31, 2022 2,891.00 Check 03/11/2022 99481 Accounts Payable Goldfarb & Lipman 10,300.00 Invoice Date Description Amount.
143654 01/20/2022 General File - December 2021 476.00
143655 01/20/2022 Marina Heights/Sea Haven - December 2021 3,712.00 Marina, CA LIVE
AP Check Register 03-11-22
Bank Account: 905 - Chase - Checking
Batch Date: 03/11/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Monika Collier Pages: 3 of 10 3/10/2022 9:36:18 AM 13 143656 01/20/2022 The Dunes - December 2021 6,112.00 Check 03/11/2022 99482 Accounts Payable Home Depot Credit Service 367.84 Invoice Date Description Amount.
02-24-22 02/24/2022 (2) Kitchen Faucets - Vince DiMaggio Park 216.32 02-24-22B 02/24/2022 Paint - Preston Park Scoreboards 151.52 Check 03/11/2022 99483 Accounts Payable Janice Griffin 350.00 Invoice Date Description Amount.
02-11-22 02/11/2022 event services 350.00
Check 03/11/2022 99484 Accounts Payable Jasmine Do 250.00 Invoice Date Description Amount.
02-26-22 vd 02/26/2022 Vince DiMaggio Refund 250.00
Check 03/11/2022 99485 Accounts Payable Keyser Marston Associates 2,087.50 Invoice Date Description Amount.
0036602 03/08/2022 FORA Bonds Administration 2,087.50
Check 03/11/2022 99486 Accounts Payable Kimley-Horn & Associates 5,653.63 Invoice Date Description Amount.
20607318 01/31/2022 LRSP City CIP F462 5,653.63
Check 03/11/2022 99487 Accounts Payable Lexis Nexis Risk Solutions 150.00 Invoice Date Description Amount.
1308841-20220228 02/28/2022 Monitoring Service 02/28/2022 150.00 Check 03/11/2022 99488 Accounts Payable Marina Coast Water District 6,850.17 Invoice Date Description Amount.
000056044.113021 11/30/2021 Water Service_B520 145.45
000056051.113021 11/30/2021 Water Service_B533 190.85
000056092.113021 11/30/2021 Water Service_B527 1,061.20 000056096.113021 11/30/2021 Water Service_B554 104.12
000056097.113021 11/30/2021 Water Service_B507 413.85
000056041.013122 01/31/2022 Water Service_B514 272.18
000056043.013122 01/31/2022 Water Service_B524 155.54
000056044.013122 01/31/2022 Water Service_B520 164.98
Marina, CA LIVE
AP Check Register 03-11-22
Bank Account: 905 - Chase - Checking
Batch Date: 03/11/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Monika Collier Pages: 4 of 10 3/10/2022 9:36:18 AM 14 000056051.013122 01/31/2022 Water Serivce_B533 225.59 000056092.013122 01/31/2022 Water Service_B527 1,138.32 000056096.013122 01/31/2022 Water Service_B554 107.88
000056097.013122 01/31/2022 Water Service_B507 453.34
000057000.013122 01/31/2022 Water Service_B504 179.14
000056100 022822 02/28/2022 Water Charges 503.11
000056036 022822 02/28/2022 Water Charges 171.02
000056037 022822 02/28/2022 Water Charges 171.02
000056095 022822 02/28/2022 Water Charges 171.02
000056099 022822 02/28/2022 Water Charges 1,026.94
000056049 022822 02/28/2022 Water Charges 194.62
Check 03/11/2022 99489 Accounts Payable Marina Plumbing 220.00 Invoice Date Description Amount.
51295 12/22/2021 B520_Boiler Maintenance 220.00
Check 03/11/2022 99490 Accounts Payable Mark43, Inc. 49,200.00 Invoice Date Description Amount.

INV0600 02/09/2022 RMS 02/09/2022 49,200.00
Check 03/11/2022 99491 Accounts Payable Maynard Group Inc. 655.51 Invoice Date Description Amount.

IN2025044 03/01/2022 Phone System 03/03/22 655.51
Check 03/11/2022 99492 Accounts Payable Monterey County - Emergency Communications
154,670.00
Invoice Date Description Amount.
03-02-22 03/02/2022 Monterey County Emergency Communication Quarter 4 Invoice 21/22 154,670.00 Check 03/11/2022 99493 Accounts Payable Monterey County Petroleum-Sturdy Oil Co. 28,398.75 Invoice Date Description Amount.
28721A-IN 02/08/2022 Gasoline 7,544.13
029324C-CM 02/07/2022 DEF (55 Gal) Refund (327.75)
28687A-IN 01/28/2022 Clear Diesel 2,101.71
28686A-IN 01/28/2022 Gasoline 4,713.96
27344A-IN 12/30/2021 Gasoline 2,662.49
Marina, CA LIVE
AP Check Register 03-11-22
Bank Account: 905 - Chase - Checking
Batch Date: 03/11/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Monika Collier Pages: 5 of 10 3/10/2022 9:36:18 AM 15 27320A-IN 12/28/2021 Clear Diesel 942.46
28429A-IN 12/16/2021 Gasoline 4,516.48
28428A-IN 12/15/2021 Gasoline & Diesel 6,245.27
Check 03/11/2022 99494 Accounts Payable Monterey Regional Waste Management District

20.00 Invoice Date Description Amount.
3558554 02/28/2022 Airport_Load of Trash and Old Lumber 20.00 Check 03/11/2022 99495 Accounts Payable Monterey Tire Service 24.73 Invoice Date Description Amount.
1-105042 03/03/2022 PD Durango Flat Tire Repair 24.73
Check 03/11/2022 99496 Accounts Payable Motorola Solutions, Inc. 676.97 Invoice Date Description Amount.
16174540 02/24/2022 Battery Camera Charging Station 676.97 Check 03/11/2022 99497 Accounts Payable My Chevrolet 438.07 Invoice Date Description Amount.

CVCS243160 02/01/2022 6 Tire Checks 17 Caprice PD 4dr sedan 438.07 Check 03/11/2022 99498 Accounts Payable Nextel Communications - Sprint 380.81 Invoice Date Description Amount.
866147022-234 02/22/2022 Dept Cell Phones 380.81
Check 03/11/2022 99499 Accounts Payable NPM, Inc. 380.00 Invoice Date Description Amount.
183780 02/16/2022 Airport_Repair/Troubleshooting of Jet A Fuel Pump 380.00 Check 03/11/2022 99500 Accounts Payable O'Reilly Auto Parts 27.30 Invoice Date Description Amount.
2631-154576 09/10/2021 Floor Mats 27.30
Check 03/11/2022 99501 Accounts Payable Pacific Gas & Electric 46,368.60 Invoice Date Description Amount.
098-7.FEB22 02/09/2022 Utilities_B524 6,737.74
103-6.FEB22 02/10/2022 Utilities_B507 13,358.00
Marina, CA LIVE
AP Check Register 03-11-22
Bank Account: 905 - Chase - Checking
Batch Date: 03/11/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Monika Collier Pages: 6 of 10 3/10/2022 9:36:18 AM 16 288-5.FEB22 02/09/2022 Utilities_B520 575.25
347-0.FEB22 02/08/2022 Utilities_B519 669.39
415-6.FEB22 02/09/2022 Utilities_B504 232.45
451-7.FEB22 02/08/2022 Utilities_B554 246.99
694-1.FEB22 02/09/2022 Utilities_B533 1,932.87
313-6.FEB22 02/25/2022 PG&E 6793435313-6 8,951.29
483-6.FEB22 02/14/2022 PG&E - 3982644483-6 13,664.62
Check 03/11/2022 99502 Accounts Payable Pitney Bowes 1,375.38 Invoice Date Description Amount.
3105347321 02/23/2022 Postage Meter Lease Payment 1,375.38 Check 03/11/2022 99503 Accounts Payable Precision Mobile Testing, LLC 1,900.00 Invoice Date Description Amount.
24 03/07/2022 Spirometry test for FD Staff 1,900.00
Check 03/11/2022 99504 Accounts Payable Pure H2O 202.08 Invoice Date Description Amount.
16629 03/01/2022 Water Cooler Service Police & Fire 03/01/22 202.08 Check 03/11/2022 99505 Accounts Payable Robert R. Wellington 1,560.00 Invoice Date Description Amount.
26086 02/18/2022 Joby Aero Inc. - January 2022 585.00
26081 02/18/2022 Marina Municipal Airport Matters_January 2022 975.00 Check 03/11/2022 99506 Accounts Payable Ross Roofing and Construction, Inc. 8,305.00 Invoice Date Description Amount.
7426 Ret 02/27/2022 B510 New Roof - Payment of Retention 8,305.00 Check 03/11/2022 99507 Accounts Payable Safety-Kleen Corp. 235.03 Invoice Date Description Amount.
88008821 01/21/2022 30G Parts Washer Solvent 235.03
Check 03/11/2022 99508 Accounts Payable Salinas Valley Ford 769.91 Invoice Date Description Amount.
86827 02/04/2022 2015 Ford Expedition Air Bag Repair 769.91 Check 03/11/2022 99509 Accounts Payable Scott Bell 250.00 Marina, CA LIVE
AP Check Register 03-11-22
Bank Account: 905 - Chase - Checking
Batch Date: 03/11/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Monika Collier Pages: 7 of 10 3/10/2022 9:36:18 AM 17 Invoice Date Description Amount.
03-02-22 gjt 03/02/2022 Deposit Refund - Sports Field Use 250.00 Check 03/11/2022 99510 Accounts Payable Shartsis Friese LLP 198,285.89 Invoice Date Description Amount.
5452206 02/28/2022 Professional Services - MPWSP - January 2022 198,285.89 Check 03/11/2022 99511 Accounts Payable Target Solutions 2,110.00 Invoice Date Description Amount.

IN43498 04/01/2022 TargetSolutions Premier Membership, Res & Career - Training 2,110.00 Check 03/11/2022 99512 Accounts Payable Taygeta Scientific, Inc. 1,475.80 Invoice Date Description Amount.
000335-R-0004 02/28/2022 2022 Inventory Control Software License Renewal 1,000.00 000708-R-0012 03/01/2022 Barracuda Spam Firewall Monthly Subscription - March 2022 475.80 Check 03/11/2022 99513 Accounts Payable TechRx Technology Services 11,504.70 Invoice Date Description Amount.
9943 03/01/2022 Veeam Virtual Backup Monthly Subscription - March 2022 380.00 9927 03/01/2022 SSL Certificate of Logos- cityofmarina.org - March 2022 150.00 9937 03/01/2022 Ninite Monthly Subscription - March 2022 112.50 9964 02/28/2022 IT Support - February 2022 8,160.00
9848 01/01/2022 TechRX - Guido's Computer 2,702.20
Check 03/11/2022 99514 Accounts Payable Telemetrix 4,239.10 Invoice Date Description Amount.
4015 02/10/2022 Purchase of Replacement Parts-Repair of Taxiway Light Controller 1,990.00 4016 02/10/2022 Diagnose Taxiway Lights Outage and Perform Repairs 1,755.00 4017 02/10/2022 Clean/Repoint Airport Cameras & Replace UPS 494.10 Check 03/11/2022 99515 Accounts Payable U.S. Bank Equipment Finance 1,243.07 Invoice Date Description Amount.
466080702 02/23/2022 Contract 02/23/2022 1,243.07
Check 03/11/2022 99516 Accounts Payable United Site Services 260.13 Invoice Date Description Amount.

Marina, CA LIVE
AP Check Register 03-11-22
Bank Account: 905 - Chase - Checking
Batch Date: 03/11/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Monika Collier Pages: 8 of 10 3/10/2022 9:36:18 AM 18 114-12883388 02/25/2022 Bathroom Rental - Wendy Hill Park 260.13 Check 03/11/2022 99517 Accounts Payable Verde Design, Inc. 1,170.00 Invoice Date Description Amount.
14-2012501 12/25/2021 Dec 25, 2021 thru Jan 25, 2022 1,170.00 Check 03/11/2022 99518 Accounts Payable Verizon Wireless 4,698.71 Invoice Date Description Amount.
9899881287 02/18/2022 Cell Phone Bill 580.58
9899806233 02/18/2022 Patrol Operations Cellular Phones 3,751.81 9900384227 02/25/2022 FD Mobile Charges - Jan 26 - Feb 25, 2022 366.32 Check 03/11/2022 99519 Accounts Payable Wallace Group, Inc. 790.50 Invoice Date Description Amount.
55486 01/24/2022 Wallace PM: Hayes Circle 790.50
Check 03/11/2022 99520 Accounts Payable William A. Thayer Construction, Inc 5,830.43 Invoice Date Description Amount.
02-14-22 02/14/2022 Thayer Construction: Addition of One Exterior Door at B533 5,830.43 Check 03/11/2022 99521 Accounts Payable Marina Employees Association 125.00 Invoice Date Description Amount.
03-04-22 03/04/2022 24 - MEA Dues 125.00
Check 03/11/2022 99522 Accounts Payable Marina Professional Fire Fighters Association
300.00
Invoice Date Description Amount.
03-04-22 03/04/2022 35 - MPFFA Dues 300.00
EFT 03/11/2022 2127 Accounts Payable Enterprise FM Trust 101000019 / 208022067 6,627.04 Invoice Date Description Amount.

FBN4423878 03/03/2022 Lease Payment/Mar22 6,627.04
EFT 03/11/2022 2128 Accounts Payable Marina Police Association-MPOA 322271627 / 901587928 240.00 Invoice Date Description Amount.
03-04-22 03/04/2022 23 - MPOA Dues 240.00
EFT 03/11/2022 2129 Accounts Payable Police Officers Association - POA 322271627 / 901589106 1,296.00 Marina, CA LIVE
AP Check Register 03-11-22
Bank Account: 905 - Chase - Checking
Batch Date: 03/11/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Monika Collier Pages: 9 of 10 3/10/2022 9:36:18 AM 19 Invoice Date Description Amount.
03-04-22 03/04/2022 25 - POA Dues 1,296.00
905 Chase - Checking Totals: Transactions: 65 $645,700.39 Checks: 62 $637,537.35
EFTs: 3 $8,163.04
Marina, CA LIVE
AP Check Register 03-11-22
Bank Account: 905 - Chase - Checking
Batch Date: 03/11/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Monika Collier Pages: 10 of 10 3/10/2022 9:36:18 AM 20 Bank Account: 921 - Chase - Successor Agency
Check 03/11/2022 82 Accounts Payable Keyser Marston Associates 1,780.00 Invoice Date Description Amount.
0036511 02/08/2022 Successor Agency Fiscal Services_Jan. 2022 1,780.00 921 Chase - Successor Agency Totals: Transactions: 1 $1,780.00 Checks: 1 $1,780.00
Marina, CA LIVE
SA Check Register 03-11-22
Bank Account: 921 - Chase - Successor Agency
Batch Date: 03/11/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Monika Collier Pages: 1 of 1 3/10/2022 9:55:11 AM 21 Agenda Item: 8b(1)
City Council Meeting of
March 15, 2022

MINUTES
Wednesday, February 23, 2022 6:00 P.M. Open Session

SPECIAL 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
Council Chambers
211 Hillcrest Avenue
Marina, California
Zoom Meeting URL: https://zoom.us/j/730251556
Zoom Meeting Telephone Only Participation: 1-669-900-9128 - Webinar ID: 730 251 556 In accordance with California Government Code §54953(e)(1)(A) and (C) and the Proclamation of a State of Emergency issued by Governor Newsom o n March 4, 2020, under the provisions of Go vernment Code §8625 r elated to the COVID -19 (coronavirus) pandemic, consistent with recommendations by State and local health officials regarding social distancing and in order to prevent an imminent risk to the health and safety of attendees as determine d in Resolution 2022-13, public participation in City of Marina City Council public meetings shall be electronic only and without a physical location for public participation until the earlier of March 3, 2022, or such time as the City Council may ado pt a resolution in accorda nce with Government Code §54953(e)(3). This meeting is being broadcast “live” on Access Media Productions (AMP) Community Television Cable 25 and on t he City of Marina Channel and on the i nternet at https://accessmediaproductions.org/

1. CALL TO ORDER

2. ROLL CALL & ESTAB LISHMENT OF QUORUM: (City Council, Airport Commissioners, Marina Abrams B Non -Profit Corporation, Preston Park Sustainable Communities Nonpr ofit Corporation, Successor Agency of the Form er Redevelopment Agency Members and Marina Groundwater Sustainability Agency) MEMBERS PRESENT: Cristina Medina Dirksen, Lisa Berkley, Mayor Pro -Tem/Vice Chair Kathy Biala, Mayor/Chair Bruce C. Delgado
MEMBERS ABSENT: David Burnett (excused)

3. INTRODUCE ORDINANCE (READ BY TITLE ONLY AND WAIVE FURTHER READING):
a. An Ordinance of the City of Marina Adopting New Coun cil District Boundaries for Four C ouncil Districts Pursuant to CA Elections Code §§21621-21629 and CA Govt. Code §34871(c) & §34886. (Introduction to follow Item 4.a. Public Hearing.) 1 MINUTES for City Council Meeting of Wednesday, February 23, 2022 Page 2

BIALA/BERKLEY: THA T THE CITY COUNCIL INTRODUCED AND READ BY TITLE ONLY AND WAVE FURTHER READING ORDINANCE NO. 2022 -, ADOPTING NEW

COUNCIL DISTRICT BOUNDARIES FOR FOUR COUNCIL DISTRICTS PURSUANT TO CA ELECTIONS COD E §§21621 -21629 AND CA GOVT. CODE §34871(C) & §34886 . 4-0- 1(Burnett)-0 Motion Passes by Roll Call Vote

4. PUBLIC HEARINGS:
a. City Council ope n public hearing at 6:00 P.M. and consider draft revised City Council district maps and the City Council’s introduction of an Ordinance adopting a map establishing new City Council district boundaries and the seque nce of district elections pursuant to the California Elections Code.

Council Questions: Do we have to be in agreeance with what our community interest s are? Dr. Tilton said that on one of the charts that there's no racial gerrymandering , in formulating these maps on the back of each map, you start off with racial breakup of each of the districts , how should we look at this issue of race across the districts ? When you say majority minority, you're really talking about majority, white versus the other percentages of of any of the minority that adding those up ? Is it true that the consultants team put together all the Map 500’s? Mayor Delgado opened the public hearing for public comments:
• Peter Le – Commented on council decision at the last public hearing on moving Preston and Abrams awa y from the million-dollar homes. Concerned that council did not discuss concerns with other property such as the VTC and the 2nd Avenue apartments. Stated council violated the California Redistricting Guidelines when separated Sea Haven into two districts. Noted a lot of the maps dilute the population of Hispanics. Asked council to look at and consider Maps 202 and 208. • Audra Walton – Who imposed the time frame to have this transition complete ? Is there any way possible to move the date of completion to a later date? Can we have a different demographer , not satisfied with this one? Commented on communities of interest for fair and accurate representation.
• Brian McCarthy – Lot of good maps. Concerns about Preston and Abrams being lumped in with the Dunes and Sea Haven. Council needs to make sure that we don't disenfranchise too many folks that couldn't vote in the last election, and again will not be able to vote in this election. • Paula Pelot – Commented that a couple of maps weren ’t scored correctly. Stated that Preston and Abrams should n’t be split up as they share resourc es and should not be combined with Central Marina. Asked to eliminate several maps, they do not adequately represent the renter versus owner occupied houses in the city.

Mayor Closed the public hearing for comments.

BERKLEY/DELGADO: APPROVING RESOLUTION NO. 2022 -23, ADOPTING THE INTRODUCTION OF AN ORDINANCE ADOPTING MAP 109, ESTABLISHING NEW CITY

COUNCIL DISTRICT BOUNDARIES AND THE SEQUENCE OF DISTRICT ELECTIONS PURSUANT TO THE CALIFORNIA ELECTIONS CODE; AND THAT MAP , 109 WOULD BE REVISED TO DENOMINATE DISTRICT, 2 AS DISTRICT, 4, AND TO DENOMINATE DISTRICT 4 AS DISTRICT, 2 DISTRICT AND ONE WOULD STAY THE SAME, AND DISTRICT 3 DENOMINATED WOULD STAY THE SAME ; AND DISTRICTS 1 AND DISTRICT 4. WE'LL BE ON THE BALLOT IN 2022, AND DISTRICT 2 AND DISTRICT 3 WOULD BE ON THE BALLOT IN 2024. 4-0-0-0 Motion Passes by Roll Call Vote

2 MINUTES for City Council Meeting of Wednesday, February 23, 2022 Page 3

Public Comments:
• Les Martin – Likes and supports Map 109
• Brian McCarthy – Likes Maps 105, 109 and 508 but supports Map 109 • Karen Andersen – Favors Map 10 9 but mentioned that that district lines could be fi ne-tuned to balance populations, can this be done for Map109 to keep Kathy Baila in her current District? • Paula Pelot – Supports Map 109
• Liesbeth Visscher – Likes Maps 105 and 109
• Audra Walton – Does not support Map 109, prefers Map 105 or amending C ity Charter and going back to at-large elections
• Connie Murra y, League of Woman Voters – Congratulated Council on how pr epared they were and how council made their points without borrowing one another. Can’t wait to write her report to her committee.

Substitute Motion
Biala/Delgado: approving Resolution No. 2022 -, adopting the introduction of an ordinance adopting map 105, establishing new city council district boundaries and th e sequence of district elections pursuant to the California Elections Code. Withdrawn by motion maker Robert Rathie , Assistant City Attorney - We did take a vote on introducing Map 109, as it was presented in the agenda packet this evening . We have now determined through Jeff's good offices that we need to change the denomination of the districts as per presented on map 109 . So, a motion now would be in order by someone who voted in favor of that the introduction of the ordinance, which would be any one of you to rescind that action, there would be a second and a vote, and that action would therefore be rescinded, and we would reintroduce the ordinance ma king the change of the district swamp call.

BIALA/BERKLEY: TO RESCIND THE ACTION OF 3 a, INTRODUCING AN ORDINANCE

OF THE CITY OF MARINA ADOPTING NEW COUNCIL DISTRICT BOUNDARIES FOR FOUR COUNCIL DISTRICTS PURSUANT TO CA ELECTIONS CODE §§21621 -21629 AND CA GOVT. CODE §34871(C) & §34886. 4-0-0-0 Motion to rescind approved by Roll Call Vote

BIALA/BERKLEY: THAT THE CITY COUNCIL INTRODUCED AND READ BY TITLE ONLY AND WAVE FURTHER READING ORDINANCE NO. 2022 -, ADOPTING NEW

COUNCIL DISTRICT BOUNDARIES FOR FOUR COUNCIL DISTRICTS PURSUANT TO CA ELECTIONS COD E §§21621 -21629 AND CA GOVT. CODE §34871(C) & §34886 ; AND

MAKE THE FOLLOWING CHANGES TO THE DISTRICT DENOMINATIONS AS PRESENTED ON MAP 109 IN THE AGENDA PACKET, WHICH WOULD BE CHANGING THE DENOMINATED DISTRICT 2 TO BECOME DISTRICT 4 AND CHANGING THE DENOMINATED DISTRICT 4 TO BECOME DISTRICT 2. THE EFFECT OF THAT OF THAT WOULD BE DISTRICT 4 WOULD HAVE AN ELECTION COMING UP IN 2022, DISTRICT 2 WOULD HAVE AN ELECTION COMING UP IN 2024. DISTRICT 1 WOULD STAY AS DISTRICT 1 WITH AN ELECTION IN 2022 AND DISTRICT 3 WOULD STAY AS DISTRICT 3 WITH AN ELECTION 2024. 4-0-0-0 Motion Passes by Roll Call Vote

Layne Long, City Manager a nnounced that the American Public Work s Association held their annual banquet and Marina was highly recognized for many things. Brian McMinn, Public Works Director was re cognized as the President during th e last 2 -years of Covid and Enda Gomez, Admin istrative Assistant were also recognized as the Administrative Assistant of the Y ear. We were also recognized for the Environmental Project of the year for under $5,000,000, which was the a Stockade Project that 3 MINUTES for City Council Meeting of Wednesday, February 23, 2022 Page 4

got that huge blight asbestos lead field project, and came in in under half a $1,000,000 under budget ; we got recognized for the project of the year, under 5,000,000 for our reservation road project that used recycled materials from the road put right back into the assault which saved a ton on greenhouse gas and debris to the landfills.

5. ADJOURNMENT: The meeting adjourned at 9:40 P.M.

Anita Sharp, Deputy City Clerk

ATTEST:

Bruce C. Delgado, Mayor
4 Agenda Item: 8b(2)
City Council Meeting of
March 15, 2022

MINUTES
Tuesday, March 1, 2022 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
Council Chambers
211 Hillcrest Avenue
Marina, California
Zoom Meeting URL: https://zoom.us/j/730251556
Zoom Meeting Telephone Only Participation: 1-669-900-9128 - Webinar ID: 730 251 556 In accordance with California Government Code §54953(e)(1)(A) and (C) and the Proclamation of a State of Emergency issued by Governor Newsom o n March 4, 2020, under the provisions of Go vernment Code §8625 related to the COVID -19 (coronavirus) pandemic, consistent with recommendations by State and local health officials regarding social distancing and in order to prevent an imminent risk to the health and safety of attendees as determine d in Resolution 2022-13, public participation in City of Marina City Council public meetings shall be electronic only and without a physical location for public participation until the earlier of March 3, 2022, or such time as the City Council may ado pt a resolution in accordance with Government Code §54953(e)(3). This meeting is being broadcast “live” on Access Media Productions (AMP) Community Television Cable 25 and on t he City of Marina Channel and on the i nternet at https://accessmediaproductions.org/

1. CALL TO ORDER

2. ROLL CALL & ESTABLISHMENT OF QUORUM: (City Council, Airport Commissioners, Marina Abrams B Non -Profit Corporation, Preston Park Sustainable Communities Nonpr ofit Corporation, Successor A gency of the Former Redevelopment Agency Members and Marina Groundwater Sustainability Agency) MEMBERS PRESE NT: Cristina Medina Dirksen, David Burnett, Lisa Berkley, Mayor/Chair Bruce C. Delgado
MEMBERS ABSENT: Mayor Pro-Tem/Vice Chair Kathy Biala (Excused)

a. Conference with Legal Counsel, anticipated litigation, significant exposure to litigation pursuant to paragraph (2) or (3) of subdivision (d) of CA Govt. Code sec. 54956.9 – one potential case.
b. Property Negotiations
i. Property: Opportunity Phase 1C and D at The Dunes at Monterey Bay Negotiating Party: Marina Community Partners, LLP
Property Negotiator: City Manager
Terms: Price and Terms
ii. Property: Storage 210 8Th Street, Marina, CA 93933 Negotiating Party: Joby Aero, Inc
Property Negotiator: City Manager
Terms: Price and Terms
6:30 PM - RECONVENE OPEN SESSION AND REPORT ON ANY AC TIONS TAKEN I N

CLOSED SESSION
Robert Wellington, City Attorney reported out Closed Session: The council went in to closed session at 5 o'clock, a nd came out at about 5 -minutes ago, having taken up the agenda items listed on the agenda for the 3 closed session matters Once one conference with legal counsel anticipated litigation and 2 matters of property negotiations as listed on the agenda The matters were discussed by the council and general direction given to the property negotiator No reportable action was taken.

4. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE (Please stand)

5. SPECIAL PRESENTATIONS: None

6. SPECIAL ANNOUNCEMENTS AND COMMUNICATIONS FROM THE FLOOR: Any member of the Public or the City Council may make an announcement of special events or meetings of interest as information to Council a nd Public. Any member of th e public may comment on any matter within the City Council’s jurisdiction which is not on the agenda. Please state your name for the record. Action will not be taken on an item that is not on the agenda. If it requires action, it will be r eferred to staff and/or placed on a fu ture agenda. City Coun cil members or City staff may briefly respond to stat ements made or questions posed as permitted by Government Code Sec tion 54954.2. In order that all interested parties have an opportunity to speak, please limit comments to a maximum of four (4) minutes. 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. • Brian McCarthy – Commented on the events taking place between Russia and Ukraine and how the County adopted a resolution condemning the actions of Russia . A sked city to consider stand in solidarity.
• Mike Owen – Commented about a letter council should have received asking for endorsement of a proposed ballot measure for the November election related to r aising funding for afforda ble, quality childcare up to 5 years old. Hopes the city will officially endorse it when it comes before you in the summer.
• Tina Walsh – Announced on March 20 th the Marina Tree and Garden Clu b will have their Cutting Day from 10:00am -2:00pm free t o the public. Also announced on May 1st will be the Marina Garden Tour.
• Brian McMinn –Announced that the Monterey Bay Chapter of the American Public Works Association recognized the City of Marina with an award for the stockade project , i t was the project of the year for environmental projects under 5,000,000 . Also recognized was the 2 MINUTES for City Council Meeting of Tuesday, March 1, 2022 Page 3

Reservation Road Code in Place Resource Recycling of Pavement, and that project received an award of merits . Although it wasn't a project of the year, it also did receive the TAM C transportation excellence award this year.
• Council Member Medina Dirksen – Commented on TAMC allocation for Marina . Wanted to give a kudos to our police department for stepping up and helping to cover City of Salinas or to supporting a fallen officer.
• Council Member Burnett – Asked if agenda item 8f(1) could be explained and how it relates to our public meetings.
• Mayor Delgado – Announced on April 23rd is Marina’s Earth Day at Locke Paddon Park , upper portion by the library doors. Announced that every Saturday from 9:00am -1:00pm is t he Community Gar den Woodland Restoration Project . On March 12 th is our monthly community clean-up of Del Monte Boulevard to Lapis Road from 10:00 am-12:30pm. Announced that the Handcar Operators are looking to bring back to Marina the Handcars this summer and will be at the TAMC Executive meeting on March 2nd.

7. CONSENT AGENDA FOR THE SUCCESSOR AGENCY TO THE FO RMER MARINA REDEVELOPMENT AGENCY: Background information has been p rovided to the Successor Agency of the former Redevelopment Agency on all matte rs listed under the Consent Agenda, and these item s are considered to be routine. Al l items under the Consent Agenda ar e normally approved by one motion. Prior to such a motion being made, any member of the public or the City Council may a sk a question or make a comment a bout an agenda item and s taff wil l pro vide a response. If discussi on or a lengthy explanation is requ ired, that item will b e removed from t he Consent Agenda for Successor Agency to the form er Marina Redevelopment Agency and placed at the end of Other Action Items Successor Agency to the former Marina Redevelopment Agency.

8. CONSENT AGENDA: Background information has been provided to the City Council, Airport Commission, Marina Abrams B Non-Profit Corporation, and Redevelopment Agency on all matters listed under the Consent Agenda, and these items are considered to be routi ne. All items under the Consent Agenda are normally appro ved by one motion. Prior to such a motion being made, any member of the public or the City Council may ask a quest ion or make a comment about an agenda item and staff will provide a response. If di scussion or a lengthy ex planation is required, that item will be removed from the Consent Agenda and placed at the end of Other Action Items. a. ACCOUNTS PAYABLE:
(1) Accounts Payable Check Numbers 99341-99411, totaling $158,623.87 b. MINUTES:
(1) February 15, 2022, Regular City Council Meeting
c. CLAIMS AGAINST THE CITY: None
d. AWARD OF BID: None
e. CALL FOR BIDS: None
f. ADOPTION OF RESOLUTIONS:
(1) City Counci l consider adopting Resolution No. 2022 -, recognizing a Local Emergency Persists, Re-Ratifying the Proclamation of a State of Emergency by Governor N ewsom on March 4, 2020, and Re -Authorizing Remote Teleconference Meet ings of the Cit y Coun cil of the City o f Ma rina and its Constituent Bodi es for t he Pe riod March 1, 2022 , through March 31, 2022, pursuant to Brown Act Provisions. Pulled by Mayor Delgado 3 MINUTES for City Council Meeting of Tuesday, March 1, 2022 Page 4

(2) City Council consider ado pting Resolution N o. 202 2-24, ordering the City Engineer to prepare a nd to file a r eport related to maintenance of the Cypress Cove II Landscape Maintenance Assessment District for Fiscal Year 2022-2023. (3) City Council consider adopting Resolution No. 2022-25, ordering the City Engineer to prepare and to file a report relate d to maintenance of the Seabreeze Landscape Maintenance Assessment District for Fiscal Year 2022-2023. (4) City Council consider adopting Resolution N o. 202 2-26, ordering the City Engineer to prepare and to file a report related to m aintenance of the Monterey Bay Estates Lighting and Landscape Maintenance Assessment District for Fiscal Year 2022-2023.
(5) City Council consider adopting Resolution No. 2022-27, approving purchase of one (1) TruNarc Narcotic Handheld Narcotics Analyzer in the a mount of $37,036.84 from Thermo Scientific Port able Analytical Instru ments, Inc, of Tewksbury, Massachusetts, utilizing funds set aside in the Police Department FY 2021-2022 Budget for purchase of said equipment and war ranty plan, and; consider waiving the City’s formal bid proce ss, wi thout compe titive bidding, finding that competitive bid ding would be unavailing , would produce an advantage and would not be in the publ ic interest, and; authorize Finance Director to mak e necessary accounting and budgetary entries, and; authorize City Manager to execute purchase agreement on behalf of City subject to final review by the City Attorney.
(6) City Council consider adopting Resolution No. 2022-28, opposing Initiative 21- 0042A1; and direct staff to email a copy of the adopted resolution to the League of California Cities.
(7) City Council con sider adopting Resolution No. 2022-29, approving a proposed job description, classification and sa lary schedule for Accounting Services Manager to Assistant Finance D irector; authorizing the City Manager to make necessary adjustments to City’s Classification and Compensation Plans ; authorizing the Finance Director to make appropriate budgetary and acco unting entries and adjustments.
g. APPROVAL OF AGREEMENTS:
(1) City Counci l consider adop ting Resolution No. 2022 -30, approving a Lease Agreement bet ween the City of Marina and Joby Aero , Inc. for 771 Neeson Road (Bu ilding 5 29) at the Marin a Municipal Airport ; and authorizing City Manager to execute the Lease Agreement, on behalf of the City, subject to final review and approval by City Attorney.
(2) City Council consider adopti ng Resolution No. 2022 -31, approving an agreement with Wellington Law Offices to provide legal services to the City of Marina; and authorize the Finance Director to make necessary accounting and budgetary entries.
h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
i. MAPS: None
j. REPORTS: (RECEIVE AND FILE): None
k. FUNDING & BUDGET MATTERS: None
4 MINUTES for City Council Meeting of Tuesday, March 1, 2022 Page 5

l. APPROVE ORDINANCES (WAIVE SECOND READING):
(1) City Council consider adopting Ordinance No. 2022-01, adopting New Council District Boundaries for Four C ouncil Districts Pursuant to CA Elections Code §§21621-21629 and CA Govt. Code §34871(c) & §34886. Pulled by Attorney for separate vote
m. APPROVE APPOINTMENTS: None
Mayor Delgado requested to pull agenda item 8f(1) for discussion Delgado/Berkley: to approve the consent agenda minus 8f(1). 4-0-0-0 Motion Passes by Roll Call Vote
Robert Rathie, Assistant City Attorney stated that agenda item 8l(1 ) needed to be pulled for a se parate vote.

Mayor Delgado motioned to reconsider the previous vote, S econded by Council Member Medina Dirksen. 4-0-0-0 Motion to Reconsider Vote Passes by Roll Call Vote DELGADO/BERKLEY: TO APPROVE THE CONSENT AGENDA MINUS 8f(1) AND 8l(1). 4- 0-0-0 Motion Passes by Roll Call Vote

8f(1)
Council Questions: Why can’t the City go to hybri d meeting and has Staff considered the logistics of how we might go hybrid at some point in the future? Since March 2020, has anything happene d environmentally wise in the Council Chambers? Has the C hamber’s carpeting, walls etc. been cleaned, disinfected? Has the Chambers been check for mold? DELGADO/MEDINA DIRKSEN: TO APPROVE 8f(1) ADOPTING RESOLUTION NO. 2022 - 32, RECOGNIZING A LOCAL EMERGEN CY PERSISTS, RE -RATIFYING THE

PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND RE -AUTHORIZING REMOTE TELECONFERENCE MEETINGS OF

THE CITY COUNCIL OF THE CITY OF MARINA AND ITS CONSTIT UENT BODIES FOR THE PERIOD MARCH 1, 2022, THROUGH MARCH 31, 2022, PURSUANT TO BROWN ACT PROVISIONS; AND DIRECT STAFF TO LOOK INTO THE OPTIONS OF VARIOUS ZOOM FORMATS AND TRYING TO GET; AND STAFF T O LOOK INTO YOU TUBE. 4-0-0-0 Motion Passes by Roll Call Vote
Public Comments:
• Brian McCarthy – Been advocating for remote meetings well, before Covid . T his is something I would really encourage soliciting community input and support for possibly hybrid m eetings.

Thanked staff for putting the meetings on YouTube.
• Liesbeth Visscher – Likes the zoom and happy that city council is looking into this so please keep it.
8l(1)
DELGADO/MEDINA D IRKSEN: TO APPROVE AG ENDA ITEM 8 l(1), ADOPTING ORDINANCE NO. 2022 -01, ADOPTING NEW COUNCIL DISTRICT BOUNDARIES FOR FOUR COUNCIL DISTRICTS PURSUANT TO CA ELECTIONS CODE §§21621 -21629 AND CA GOVT. CODE §34871(C) & §34886. 3-1(Burnett)-0-0 Motion Passes by Roll Call Vote

5 MINUTES for City Council Meeting of Tuesday, March 1, 2022 Page 6

9. PUBLIC HEARINGS: None

10. OTHER ACTION S ITE MS OF THE SUCCE SSOR AGENC Y TO THE FORMER MARINA REDEVE LOPMENT AGENC Y: Action l isted for eac h Agenda i tem is t hat which is requested by staff. The Successor Agency may, at its discretion, take action on any items. The pu blic is invited to approach th e pod ium to provide up to four (4) min utes of public comment.
a. Successor Ag ency Board consider ado pting Resolution No. 2022 -01 (SA-MRA) that approves certain documents for proper ty tax increment bond issue s for the Marina Dunes pr oject, pursuant to pre -existing enforceable obli gations, and take s various other actions related ther eto, and Direct the City Manager to return to the Board with the balance of the documents required to c omplete this transaction, including preliminary official statements and bond purchase contracts.

Board Questions: It was stated th at Marina Community Partners had submitted invoices, has anyone reviewed the invoice(s) for accuracy? Is it correct that they have only received 15,000,000 towards that $98,000,000 to date ? Was this the first opportunity for them to come to us for a bond issuance? the original deal was that they would be able to get reimbursed by this method that we're talking about tonight. of up to 105,000,000 , is that 105,000,000 even important these days ? And is that 114,000,000 the replacement for the $105,000,000 figure? The affordable housing units you mentioned there's 140 coming starting this year and so some of this money is going to have new bonds issued to cover that or part of what they're doing tonight is to cover the infrastructure costs or other costs related to those affordable housing in the future ? If the redevelopment agency process and itself the agency itself wasn't shut down by Governor Brown back in 2 011 2 012 if we hadn't, made this deal with the developers before that that they could get these tax increment reimbursements would we have been prevented from using from ourselves? keeping and using this tax increment money? When the bonds get issued, what will the certificate say? How will the bonds be described? BURNETT/BERKLEY: TO APPROVE RESOLUTION NO. 2022 -01 (SA -MRA) THAT

APPROVES CERTAIN DOCUMENTS FOR PROPERTY TAX INCREMENT BOND ISSUES

FOR THE MARINA DUNES PROJECT, PURS UANT TO PRE-EXISTING ENFORCEABLE

OBLIGATIONS, AND TAKES VARIOUS OTHER ACTIONS R ELATED THERETO, AND

DIRECT THE CITY MANAGER TO RETURN TO THE BOARD WITH THE BALANCE OF

THE DOCUMENTS REQUIRED TO COMPLETE THIS TRANSACTION, IN CLUDING PRELIMINARY OFFICIAL STATEM ENTS AND BOND PURCHASE CONTRACTS . 4-0-0-0 Motion Passes by Roll Call Vote

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. City Council consider adopting Resolution No. 2022-33, authorizing adjustments to the City’s s alary schedule and compensation plan for Marina Directors; and, authorizing the City Manager to execute a Memorandum of Understanding between the City of Mar ina and the Marina Directors Employees; and, authorizing Finance Director to make appropriate accou nting and budgetary entries ; and, receiving an oral report on changes to the executive compensation plan in compliance with Government Code Section 54953(c)(3).
6 MINUTES for City Council Meeting of Tuesday, March 1, 2022 Page 7

Council Questions: Is there a retroactive component to this compensation that you've outline? DELGADO/BERKLEY: TO APPROVE RESOLUTION NO. 202 2-33, A UTHORIZING ADJUSTMENTS TO THE CITY’S SALARY SCHEDULE AND COMPENSATION PLAN FOR MARINA DIRECTORS; AND, AUTHORIZING THE CITY MANAGER TO EXECUTE

A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MARINA A ND THE MARINA DIRECTORS EMPLOYEES; AND, AUTHORIZING FINANCE D IRECTOR TO MAKE AP PROPRIATE ACCOUNTING AND BUDGETARY ENTRIES; AND, RECEIVING

AN ORAL REPORT ON CHANGES TO THE EXECUTIVE COMPENSATION PLAN IN COMPLIANCE WITH GOVERNMENT CODE SECTION 54953(C)(3) 4-0-0-0 Motion Passes by Roll Call Vote
Public Comments:
• Brian McCarthy – Was there ever some statistics that were published on how that number was reached and if so, where might one find those?

12. COUNCIL & STAFF INFORMATIONAL REPORTS:
a. Monterey County Mayor’s Association [Mayor Bruce Delgado] b. Council and staff opportunity to ask a questio n for clarification or ma ke a brief report on his or her own activities as permitted by Government Code Section 54954.2 Robert Rathie, As sistant C ity Attorney announced that AB481 was adopted at the 2021 session this legislation requires that the police department obtained the Count's permission through the adoption of an ordinance, including a policy regarding the city's use of military and military type equipment which is defined in the legislation, and will be addressed in the ordinance and the policy . The policy will be provided soon to the council, and it must be in accordance with AB481 available online on the department's website and this has to be done 30 days prior to any public hearing on the ordinance, and the public hearing would be held in conjunction with the introduction of the ordinance, which we probably expect will be now at the April fifth Council meeting.

Tina Nieto, Police Chief provided further information on AB481.

Mayor Delgado announced that LAFCO refused to reconsider Monterey Peninsula Water Management District’s application to open up their latent powers and allow them to potentially acquire Cal-Am, buy out Cal-Am. Also spok e about Waste M anagement Dis trict hiring cons ultant to assist in designing new bins for apartments/multi-family and businesses for kitchen scrap waste.

13. ADJOURNMENT: The meeting adjourned in honor of Sal inas Police Office r Alvarado at 8:07 P.M.

Anita Sharp, Deputy City Clerk

ATTEST:

Bruce C. Delgado, Mayor
7 Agenda Item: 8c(1)
March 15, 2022
1 2
3 4
5 6
March 8, 2022 Item No. 8f(1)

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

CITY COUNCIL CONSIDER ADOPTING RESOLUTION 2022-,

RECOGNIZING A LOCAL EMERGENCY PERSISTS, RE -RATIFYING THE

PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR
NEWSOM ON MARCH 4, 2020, AND RE -AUTHORIZING REMOTE

TELECONFERENCE MEETINGS OF THE CITY COUNCIL OF THE CITY OF MARINA AND ITS CONSTITUENT BODIES FOR THE PERIOD APRIL 1, 2022 THROUGH APRIL 30, 2022, PURSUANT TO BROWN ACT PROVISIONS.

REQUEST:

It is requested that the City Council consider:

1. Adopting Resolution No. 202 2-, regarding the Ralph M. Brown Act (California Government Code §§54950-54963, hereinafter the “Brown Act”) making certain findings; and authorizing the City to continue to implement remote teleconferenced public meetings of the City Council and its constituent bodies for the period April 1, 2022, through April 30, 2022.

BACKGROUND:

Government Code §54953(e) allows cities to continue to meet remotely during states of emergency proclaimed by the Governor under modified Brown Act requirements that are similar to but not identical to the rules and procedures established by the prior Executive Orders of Governor Newsom relating to the relaxation of certain Brown Act requirements during the COVID -19 pandemic.

Government Code §54953(e) authorizes local agencies to use teleconferencing without complying with teleconferencing requirement imposed by the Brown Act during a declared state of emergency when state or local health officials have imposed or recommended measures to promote social distancing during the proclaimed state of emergency or when the legislative body had determined by majority vote that meeting in person would present imminent risks to the health or safety of attendees.

At a special meeting held on October 5, 2021, the City Council adopted Resolution 2021-104 regarding the Brown Act making certain findings, and authorizing the City to implement remote teleconferenced public meetings of the City Council and its constituent bodies might be held without compliance with Government Code §54953(b)(3) for the period October 5, 2021 through November 4, 2021; subsequently on November 2, 2021, the Council adopted Resolution 2021 - 113 extending that period until December 2, 2021 ; on November 16, 2021, the Council adopted Resolution 2021-118 extending that period until December 16, 2021; on December 14, 2021, the Council adopted Resolution 2021-134 extending that period until January 13, 2022; and on January 11, 2022, the Council adopted Resolution 2022-02 extending that period to February 10, 2022; and on February 1, 2022, the Council adopted Resolution No. 2022 -13, extending that period until March 3, 2022; and on March 1, 2022 Council adopted Resolution No. 2022-32 the period during which remote teleconferenced public meetings of the City Council and its constituent bodies might be held without compliance with Government Code §54953(b)(3) to March 31, 2022

1 ANALYSIS:

On June 11, 2021, Governor Newsom issued Executive Order N-08-21 which among other things rescinded his prior Executive Order N -29-20 and set the date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act.

As the Delta variant surged in California, the legislature took action to extend the COVID -19 exemptions to the Brown Act’s teleconference requirements, subject to some additional requirements. California and Monterey County are presently continuing to experience cases of the rapidly-spreading Omicron variant . Assembly Bill 361 amended Government Code §54953 and allowed a local agency to use teleconferencing in any of the following circumstances without complying with certain Brown Act provisions:

1. The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing.

2. The legislative body h olds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

3. The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote taken at a meeting held for the purpose described in 2 above, that as a result of the emergency, meeting in person would present imminent risk s to the health or safety of attendees.

A local agency that holds a meeting under any of these circumstances would be required to follow certain requirements listed in the attached Resolution , in addition to giving notice o f the meeting and posting agendas as required under the Brown Act. These additional requirements are intended to protect the public’s right to participate in the meetings of local agency legislative bodies. The City of Marina adheres to the listed requirements.

Government Code §54953(e)(3) provides that if the state of emergency remains active for more than 30 days, a local agency must make the following findings by majority vote every 30 days to continue using the exemption to the Brown Act teleconferencing requirements:

● The legislative body has reconsidered the circumstances of the emergency; and

● Either of the following circumstances exist: the state of emergency continue to directly impact the ability of members to meet safely in person or State or local officials continue to impose or recommend social distancing measures.

The goal of Government Code §54953 as revised by AB 361 is to improve and enhance public access to local agency meetings during the COVID -19 pandemic and future applicable emergencies by allowing broader access through teleconferencing options. The current version of Government Code §54953 became effective on September 16, 2021, with a sunset of the present version on January 1, 2024.

FISCAL IMPACT:

None identified.

2 CONCLUSION:

This request is sub mitted for City Council consideration and possible adoption of a resolution proclaiming a local emergency persists, re -ratifying the proclamation of a state of emergency by Governor Newsom on March 4, 2020, and re-authorizing remote teleconference meetings of the City Council of the City of Marina and its constituent bodies for the period April 1, 2022, through April 30, 2022, pursuant to Brown Act provisions.

Respectfully submitted,

___________________________
Layne Long
City Manager
City of Marina

3 RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA

RECOGNIZING A LOCAL EMERGENCY PERSISTS, RE -RATIFYING THE

PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND RE -AUTHORIZING REMOTE TELECONFERENCE

MEETINGS OF THE CITY COUNCIL OF THE CITY OF MARINA AND ITS CONSTITUENT BODIES FOR THE PERIOD APRIL 1, 2022 THROUGH APRIL 30, 2022, PURSUANT TO BROWN ACT PROVISIONS.

WHEREAS, the City of Marina is committed to preserving and nurturing public access and participation in meetings of the City Council and its constituent bodies; and

WHEREAS, all meetings of City of Marina’s legislative bodies are open and public, as required by the Ralph M. Brown Act (Cal. Gov. Code 54950 – 54963), so that any member of the public may attend, participate, and watch the City’s legislative bodies conduct their business; and

WHEREAS, the Brown Act, Government Code section 54953(e), makes provision for remote teleconferencing participation in meetings by members of a legislative body, without compliance with the requirements of Government Code section 54953(b)(3), subject to the existence of certain conditions; and

WHEREAS, a required condition is that a state of emergency is declared by the Governor pursuant to Government Code section 8625, proclaiming the existence of conditions of disaster or of extreme peril to the safety of persons and property within the state caused by conditions as described in Government Code section 8558; and

WHEREAS, a proclamation is made when there is an actual incident, threat of disaster, or extreme peril to the safety of persons and property within the jurisdictions that are within the City’s boundaries, caused by natural, technological or human-caused disasters; and

WHEREAS, it is further required that state or local officials have imposed or recommended measures to promote social distancing, or, the legislative body meeting in person would present imminent risks to the health and safety of attendees; and

WHEREAS, the City Council previously adopted Resolution No. 2021- 104 on October 5, 2021, Resolution 2021-113 on November 2, 2021, Resolution 2021-118 on November 16, 2021, Resolution 2021-134 on December 14, 2021, and Resolution 2022-02 on January 11, 2022, and Resolution 2022- 13 on February 1, 2022 the Council adopted Resolution No. 2022 -13, extending that period until March 3, 2022; and on March 1, 2022 Council adopted Resolution No. 2022-32 the period during which remote teleconferenced public meetings of the City Council and its constituent bodies might be held without compliance with Government Code §54953(b)(3) to March 31, 2022; and

WHEREAS, as a condition of extending the use of the provisions found in section 54953(e), the City Council must reconsider the circumstances of the state of emergency that exists in the City, and the City Council has done so; and

WHEREAS, emergency conditions persist in the City, specifically, the March 4, 2020, proclamation by the Governor of a state of emergency in the State of California due to COVID-19 and the March 13, 2020, proclamation of a state of emergency in the City of Marina by the City Manager, as the City’s Director of Emergency Services, due to COVID-19 which was subsequently ratified by the City Council on March 17, 2020, and after having been supplemented twice, and both proclamations of states of emergency remain in effect; and
4 Resolution No. 2022-
Page Two

WHEREAS, on September 22, 2021, the County of Monterey Health Department issued a Recommendation Regarding Social Distancing Including Remote Meetings of Legislative Bodies, attached hereto as Attachment 1; and

WHEREAS, the City Council does hereby find that California and Monterey County are presently continuing to experience cases of the rapidly-spreading COVID-19 Omicron variant and as of February 23, 2022, the federal Centers for Disease Control and Prevention rated the risk level for community transmission of COVID-19 in Monterey County as low with 485 active cases currently reported in Monterey County with a case rate of 111.74 individuals per 100,000 persons; and the California Department of Public Health reports 26,0% of staffed adult ICU beds are presently available in the Bay Area reporting region which includes Monterey County and this has caused, and will continue to cause, conditions of peril to the safety of persons within the City that are likely to be beyond the control of services, personnel, equipment, and facilities of the City, and desires to recognize and affirm a local emergency exists and re-ratify the proclamation of state of emergency by the Governor of the State of California and to recognize the County of Monterey Health Department’s recommendation regarding social distancing; and

WHEREAS, as a consequence of the local emergency persisting, the City Council does hereby find that the City Council and its constituent bodies shall continue to conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such legislative bodies shall continue to comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of section 54953; and

WHEREAS, the City of Marina will continue to implement the following measures for meetings of its City Council and its constituent bodies:
● Allow the public to access the meeting and require that the agenda provide an opportunity for the public to directly address the legislative body pursuant to the Brown Act’s other teleconferencing provisions.

● In each instance when the local agency provides notice of the teleconferenced meeting or posts its agenda, give notice for how the public can access the meeting and provide public comment.

● Identify and include in the agenda an opportunity for all persons to attend via a call -in or an internet-based service option; the legislative body need not provide a physical location for the public to attend or provide comments.

● Conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the public.

● Stop the meeting until public access is restored in the event of a service disruption that either prevents the local agenc y from broadcasting the meeting to the public using the call -in or internet-based service option or is within the local agency’s control and prevents the public from submitting public comments (any action taken during such a service disruption could be challenged under the Brown Act’s existing challenger provisions).

5 Resolution No. 2022-
Page Three

● Not require comments be submitted in advance (though the legislative body may provide that as an option) and provide the opportunity to comment in real time.

● Provide adequate time for public comment, either by establishing a timed public comment period or by allowing a reasonable amount of time to comment.

● If the legislative body uses a third-party website or platform to host the teleconference, and the third-party service requires users to register to participate, the legislative body must provide adequate time during the comment period for users to register and may not close the registration comment period until the comment period has elapsed.

NOW, T HEREFORE, THE CITY COUNCIL OF THE CITY OF MARINA DOES HEREBY RESOLVE AS FOLLOWS:

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. Affirmation that Local Emergency Persists. The City Council hereby reconsiders the conditions of the state of emergency in the City and proclaims that a local emergency persists throughout the City, and:
(a) On September 22, 2021, the County of Monterey Health Department issued a Recommendation Regarding Social Distancing Including Remote Meetings of Legislative Bodies; and
(b) California and Monterey County are presently continuing to experience cases of the rapidly-spreading COVID-19 Omicron variant and as of March 3, 2022, the federal Centers for Disease Control and Prevention rated the risk level for community transmission of COVID -19 in Monterey County as low with 485 active cases currently reported in Monterey County with a case rate of 111.74 individuals per 100,000 per sons; and the California Department of Public Health reports 26.0% of staffed adult ICU beds are presently available in the Bay Area reporting region which includes Monterey County and this has caused, and will continue to cause, conditions of peril to the safety of persons within the City that are likely to be beyond the control of services, personnel, equipment, and facilities of the City.

Section 3. Re-ratification of Governor’s Proclamation of a State of Emergency. The City Council hereby reconsiders and re-ratifies the Governor of the State of California’s Proclamation of State of Emergency, effective as of its issuance date of March 4, 2020.

Section 4. Remote Teleconference Meetings. The City Manager and legislative bodies of the City of Marina, the City Council and its constituent bodies, are hereby authorized and directed to take all actions necessary to carry out the intent and purpose of this Resolution including, continuing to conduct open and public meetings in accordance with Government Code section 54953(e) and other applicable provisions of the Brown Act.

Section 5. Effective Date of Resolution. This Resolution shall take effect on immediately upon its adoption and shall be effective until the earlier of (i) April 30, 2022, or such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the City Council of the City of Marina and its constituent bodies may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.

6 Resolution No. 2022-
Page Four

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting held this 15th day of March 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

7 ATTACHMENT 1
8 March 8, 2022 Item No. 8f(2)
Honorable Mayor and Members City Council Meeting
of the Marina City Council of March 15, 2022
RECOMMENDATION TO CONSIDER ADOPTING RESOLUTION NO.
2022-, AUTHORIZING THE PURCHASE OF A FORCIBLE ENTRY PROP FROM FORCIBLE ENTRY EQUIPMENT FOR $80,000 AND THE
PURCHASE OF THE PHENIX TL -2 HELMETS FROM ALLSTAR FIRE
EQUIPMENT FOR $30,000 UTILIZING THE FUNDS RECEIVED FROM

THE ANNEMARIE SHEIN LIVING TRUST AND AUTHORIZI NG THE

FINANCE DIRECTOR TO MAKE NECESSARY ACCOUNTING AN D

BUDGETARY ENTRIES
REQUEST:

It is requested that the City Council:

1. Authorize the purchase of a Forcible entry prop for $80,000.00 from Forcible Entry Equipment and;

2. Authorize the purchase of the Phenix TL -2 Firefighter helmets for $30,000. From Allstar Fire Equipment and;

3. Authorize the Finance Director to make necessary accounting and budgetary entries.

BACKGROUND:

At the regularly scheduled City Council Meeting held on December 7 , 2021, the City Council approved Resolution 2021-122 which authorized the acceptance of a donation from the Annemarie Shein Living Trust. A total of $236,290 was received with half going to the Police Department and half going to the Fire Department. The trust paperwork received did not specify how or for what purpose the funds were to be spent , only that the funds were directed to the Police and Fire Departments.

ANALYSIS:

The Fire Department has conducted an internal review of equipment needs focusing on equipment that would benefit both personnel and operations. We solicited input from all members and came to a consensus on the equipment that would be most beneficial. The equipment we have identified not only benefits the Firefighters but helps us improve the service we provide to the public. This equipment is a Forcible Entry Training Prop and new improved Firefighter Helmets . This equipment meets the criteria of the donation and will enhance Firefighter safety and operations.

A Forcible Entry Training Prop provides realistic forcible entry training for all skill levels. The Prop is solid and built to last inside of a 40’ shipping container . Critical fire ground operations such as forcible entry are high risk and seldom used skills that need to be accomplished in a timely manner. Forcible Entry is one of those skills that are vital when searching and rescuing fire victims and invaluable for Firefighters to use when escaping potentially life and death situations.

The Forcible E ntry Training Prop features a modular mounting Grid System that allows the instructor to set up for many different scenarios within the container. The different props we are looking to have built in the container include: a window prop with window bar, commercial door cutting prop, hinge prop, rebar tree, lock breaking mounts, roll up door prop and a interior wall breach prop + metal slot framing.
1 The Fire Department has also identified a need to replace our Helmets. We have been evaluating different Helmets and designs for over a year. After a comprehensive research effort, we have concluded that for the Marina Fire Department, the Phenix FL-2 helmet is the best helmet that we can purchase for Firefighter Safety and durability . This helmet is a leather helmet and is the lightest, strongest, and most comfortable helmet on the market. The helmet meets all NFPA and OSHA standards. As our current h elmets are at end of life, we will replace the helmets for all ranks.

The Phenix leather helmet has a soft and flexible design that will stand as much or more abuse than the early leather helmets, and even more than many of today’s finest modern composites. The Phenix TL-2 uses modern vegetal tanning techniques to add a degree of flexibility to the longer, rear brim so it will flex when hit by falling objects rather than snap the firefighter’s neck and because the raised crossover beams are more resilient , they also provide added protection when struck from above and keeps the leather from cracking.

FISCAL IMPACT:

The Forcible Entry Prop is eighty thousand dollars ($80,000.) with delivery and taxes. The Phenix Helmets cost thirty thousand dollars ($30,000.) including delivery and taxes. The funds used to pay for these items will be the $118,000.00 funding received from the Annemarie Shein Living Trust and not out of the General Fund for the Fire Department budget. Both the Forcible Entry Prop and the Phenix Helmets have been put out to bid and vetted for price through the cooperative purchasing process.

CONCLUSION:

This request is submitted for City Council consideration and possible action.

Respectfully submitted,

____________________________
Doug McCoun
Fire Chief
City of Marina

REVIEWED/CONCUR:

_____________________________
Layne Long
City Manager
City of Marina

2 RESOLUTION N0. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA AUTHORIZING

THE PURCHASE OF A FORCIBLE ENTRY PROP FROM FORCIBLE ENTRY EQUIPMENT FOR $80,000 AND THE PURCHASE OF THE PHENIX TL-2 HELMETS FROM ALLSTAR FIRE EQUIPMENT FOR $30,000 UTILIZING THE FUNDS RECEIVED

FROM THE ANNEMARIE SHEIN LIVING TRUST AND AUTHORIZING THE FINANCE

DIRECTOR TO MAKE NECESSARY ACCOUNTING AND BUDGETARY ENTRIES

WHEREAS, the Marina Fire Department has received a cash donation from the Annemarie Shein Living Trust in the amount of $118.145 and said funds are to be used exclusively by the Fire Department, and;

WHEREAS, the Fire Department will utilize the donated funds for the purchase of equipment and/or support of program funding, and;

WHEREAS, the Fire Department has conducted an internal needs assessment and has determined that a Forcible Entry Prop and the Phenix TL-2 Helmets will support firefighter training and safety which will help the safety of the residents, businesses, and visitors of the City of Marina.

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

1. Authorize the purchase of a Forcible entry prop for $80,000.00 from Forcible Entry Equipment and;

2. Authorize the purchase of the Phenix TL -2 Firefighter helmets for $30,000. From Allstar Fire Equipment and;

3. Authorize the Finance Director to make any necessary accounting and budgetary entries.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting held on the 15th day of March 2022 by the following vote:

AYES, COUNCIL MEMBERS:

NOES, COUNCIL MEMBERS:

ABSENT, COUNCIL MEMBERS:

___________________________
Bruce C. Delgado, Mayor
ATTEST:

_________________________
Anita Sharp, Deputy City Clerk

3 March 10, 2022 Item No. 8f(3)

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

CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2022-,
PRELIMINARILY APPROVING THE FISCAL YEAR 2022-23
ENGINEER’S REPORT FOR THE CYPRESS COVE II LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT; DECLARING ITS
INTENTION TO LEVY AN ASSESSMENT IN FISCAL YEAR 2022-23 IN THAT DISTRICT; AND CALLING A PUBLIC HEARING FOR APRIL 5, 2022

REQUEST:

It is requested that the City Council consider:

1. Adopting Reso lution No. 2022-, preliminarily approving the Fiscal Year 2022-23 Engineer's Report for the Cypress Cove II Landscape Maintenance Assessment District; declaring its intention to levy an assessment in fiscal year 2022-23 in that district; and calling a public hearing for April 5, 2022.

BACKGROUND:

At the regular meeting of June 16, 1987, the City Council adopted Resolution 1987 -23, ordering the formation of the Cypress Cove II Landscape Maintenance Assessment District pursuant to Streets and Highway Code §2 2594 and the Landscaping and Lighting Act of 1972 to maintain certain improvements required of new development as a condition of the subdivision approvals.

The Landscaping and Lighting Act of 1972 requires an annual update report to be prepared , which incl udes the costs to maintain the improvements of the Cypress Cove II Landscape Maintenance Assessment District and what the proposed assessments will be to provide for that maintenance.

The first step in the annual update process is for the City Council to initiate the process by adopting a resolution ordering the City Engineer to prepare and file an Engineer's Report for the District. After initiation of the update process and preparation of the update report, the City Council will be requested to adopt a r esolution of intention to set a Public Hearing. Lastly, a Public Hearing will be held at a subsequent City Council meeting where the Assessment District’s levy amount is approved and confirmed, resulting in the adoption of a resolution confirming the levy of assessment pursuant to the provisions of the Landscape and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California.

At the regular meeting of March 1, 202 2, the City Council adopted Resolution No. 20 22-24, ordering the City Engineer to prepare and to file a report related to maintenance of the Cypress Cove II Landscape Maintenance Assessment District for Fiscal Year 2022-23.

ANALYSIS:

Staff has prepared an Engineer’s Report for the Cypress Cove II Maint enance Assessment District for FY 2022-23 and filed the report with the City Clerk. Staff is proposing assessment amounts as follows:

Current FY 2021-22 Proposed FY 2022-23
Cypress Cove II $180.78 $180.78
(110 parcels)
1 During the public hearing for the FY 21/22 assessment, residents requested a review of proposed improvement costs and whether an increase in the special tax assessment was needed to fund construction of those improvements. In Nove mber 2 021, staff met with the District ’s contrac t landscape maintenance contractor ( New I mage Landscape) to evalua te the current costs for proposed improvements that residents have provided input to the City.

On Febru ary 22, 2022, City staff conducted two public outreach forums to present the cost proposals for the following improvements : new irrigation bac kflow preventer, four (4) new cypress trees, temporary irrigation improvements to establish the new trees, and replacement of the existing irrigation pedestal. The City also received comments from District residents for any additional improvements for the District. Upon review by legal counsel, staff has concluded that the cost of proposed improvements at this time do not warrant increasing the special ta x assessment.

Staff is requesting that the City Council approve setting a public hearing for April 5, 2022 to hear concerns on levying and collection of the proposed assessment on this district. Staff will mail notices to all affected property owners upon City Council approval of the public hearing.

Once the hearing is completed and the levy approved, the City has until August 1, 2022 to file a certified copy of the diagram and assessment with the Monterey County Auditor-Controller.

FISCAL IMPACT:

Adequate funding for providing notices for the public he aring has been appropriated in the FY 21/22 budget account for Cypress Cove II . There is no fiscal impact to preliminarily approving the Engineer's Report and setting a public hearing.

CONCLUSION:

This request is submitted for City Council discussion and possible action.

Respectfully submitted,

____________________________
Saber Messhenas
Assistant Civil Engineer/Public Works Department
City of Marina

REVIEWED/CONCUR:

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

Public Works Director/City Engineer
City of Marina

_____________________________
Layne P. Long
City Manager
City of Marina

2 RESOLUTION NO. 2022-

A RESOLUTION OF CITY COUNCIL OF THE CITY OF MARINA PRELIMINARILY APPROVING THE FISCAL YEAR 2022-23 ENGINEER'S REPORT FOR THE CYPRESS COVE II LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT; DECLARING ITS INTENTION TO LEVY AN ASSESSMENT IN FISCAL YEAR 2022-23 IN THAT DISTRICT; AND CALLING A PUBLIC HEARING FOR APRIL 5, 2022

WHEREAS, At the regular meeting of June 16, 1987, the City Council adopted Resolution 1987- 23, ordering the formation of the Cypress Cove II Landscape Maintenance Assessment District pursuant to Streets and Highway Code §22594 and the Landscaping and Ligh ting Act of 1972 to maintain certain improvements requ ired of new deve lopment as a condition of the subdivision approvals; and
WHEREAS, the City Engineer, on the direction of the City Council, has filed with the City Clerk a report with respect to the Fisc al Year 2022-23 levy of the assessment in connection w ith the Assessment District (the “Report”); and
WHEREAS, the Report is on file in the Office of the City Clerk, available for public inspecti on, and incorporated herein by reference; and
WHEREAS, the Report recommends that the assessment rate remain at $180.78 per parcel; and

WHEREAS, the City Council desires to proceed with the process for levying the Fiscal Year 2022-23 levy of assessments in c onnection with the Ass essment District prior to the A ugust 1, 2022 deadline with the Monterey County Auditor-Controller.

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

1. The Report is hereby preliminarily approved as filed.

2. The Council declares its intention to levy and collect assessments in the Assessment District for Fiscal Year 2022-23 as described in the Report.

3. Reference is made to the Report for a full and detailed description of (i) the improvements to be operated and maintained in connection with the Assessment District; (ii) the bou ndaries o f the Ass essment District; an d (iii) the prop osed assessments upon assessable lots and parcels of land within the Assessment District.

The Report describes, among other things, each affected parcel of real property and the amount of the assessments for each such affected parcel for Fiscal Year 2022-23.

The Assessment District generally includes all residential parcels in the Cypress Cove II subdivision. The amount of the assessment and the general nature of the improvements are not proposed to change from the prior year.

4. A public hearing on the levy of assessments in Fiscal Year 202 2-23 in connection with each of the Districts is scheduled for Tuesday, April 5, 2022, at 6:30 P.M. or as soon thereafter as the matter may be heard in conformance with Governor Newsom’s Executive Order N.29 -20 and City Council Resolution 2020 -29 ratifying the Proclamation of a Local Emergency by the City Manager/Director of Emergency Services related to the COVID-19 (coronavirus) pandemic. Public participation in the City of Marina Cit y Council an d other public meetings shall be electronic only and without a physical location for public parti cipation, until further notice in compliance with California state guidelines on social distancing. Information on the broadcasting and Public Participation during this meeting will be posted on the Meeting Agenda. 3 Resolution No. 2022-
Page Two

5. Staff is directed to give notice of the public hearing pursuant to Section 22626(a) of the Act.

PASSED AND ADOPTED by the City C ouncil of the City of Mar ina at a regu lar meeting duly held on the 15th day of March 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

___________________________
Bruce Delgado, Mayor
ATTEST:

___________________________
Anita Sharp, Deputy City Clerk

4 EXHIBIT A
5 6
7 8
9 10
11 12
13 14
15 16
17 March 7, 2022 Item No. 8f(4)

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

CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2022-,
PRELIMINARILY APPROVING THE FISCAL YEAR 2022-23
ENGINEER’S REPORT FOR THE SEABREEZE LANDSCAPE
MAINTENANCE ASSESSMENT DISTRICT; DECLARING ITS
INTENTION TO LEVY AN ASSESSMENT IN FISCAL YEAR 2022-23 IN THAT DISTRICT; AND CALLING A PUBLIC HEARING FOR APRIL 5, 2022

REQUEST:

It is requested that the City Council consider:

1. Adopting Resolutio n No. 2022-, preliminarily approving the Fiscal Year 2022-23 Engineer's Report for the Seabreeze Landscape Maintenance Assessment District; declaring its intention to levy an assessment in fiscal year 2022-23 in that district; and calling a public hearing for April 5, 2022.

BACKGROUND:

At the regular meeting of June 4, 1996, the City Council adopted Resolution No. 1996 -62, ordering the formation of the Seabreeze Landscape Maintenance Assessment District pursuant to Streets and Highway Code §22594 and the Landscaping and Lighting Act of 1972 to maintain certain improvements required of new development as a condition of the subdivision approvals.

The Landscaping and Lighting Act of 1972 requires an annual update report to be prepared which includes the costs to maintain the improvements of the Districts and what the proposed assessments will be to provide for that maintenance.

The first step in the annual update process is for the City Council to initiate the process by adopting a resolution ordering the City Engineer to prepare and file an Engineer's Report for the District. After initiation of the update process and preparation of the update report, the City Council will be requested to adopt a resolution of intention to set a Public H earing. Lastly, a Public Hearing will be held at a subsequent City Council meeting where the Assessment District is approved and confirmed, resulting in the adoption of a resolution confirming the levy of assessment pursuant to the provisions of the Landsc ape and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California.

At the regular meeting of March 1, 202 2, the City Council adopted Resolution No. 2022-25, ordering the City Engineer to prepare and to file a report related to maintenance of the Seabreeze Landscape Maintenance Assessment District for Fiscal Year 2022-23.

ANALYSIS:

Staff has prepared an Engineer’s Report for the maintenance district for FY 2022-23 and filed the report with the City Clerk. Staff is proposing assessment amounts as follows:

Current FY 2021-22 Proposed 2022-23
Seabreeze $182.42 $182.42
(37 parcels)

1 Staff has been coordinating with various District homeowners to discuss further beautification and improvements t o the District. Due to public safety concerns, s ound wall reconstruction began in Fiscal Year 2021-22. Staff is recommending the continued assessment of $182.42 in order to obtain the required fund balance to continue these improvements.

Once the hearing is completed and the levy approved, the City has until August 1, 2022 to file a certified copy of the diagram and assessment with the Monterey County Auditor-Controller.

FISCAL IMPACT:

Adequate funding for providing notices for the public hearing has be en appropriated in the FY 21/22 budget account for the Seabreeze Landscape Maintenance Assessment District. There is no fiscal impact to preliminarily approving the engineer's report and setting a public hearing.

CONCLUSION:

This request is submitted for City Council discussion and possible action.

Respectfully submitted,

____________________________
Edrie Delos Santos, P.E.

Senior Engineer
Public Works Department
City of Marina

REVIEWED/CONCUR:

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

Public Works Director/City Engineer
City of Marina

_____________________________
Layne P. Long
City Manager
City of Marina

2 RESOLUTION NO. 2022-

A RESOLUTION OF CITY COUNCIL OF THE CITY OF MARINA PRELIMINARILY APPROVING THE FISCAL YEAR 2022-23 ENGINEER'S REPORT FOR THE SEABREEZE LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT; DECLARING ITS INTENTION TO LEVY AN ASSESSMENT IN FISCAL YEAR 2022-23 IN THAT DISTRICT; AND CALLING A PUBLIC HEARING FOR APRIL 5, 2022

WHEREAS, at the regular meeting of June 4, 1 996, the City Council adopted Resolution No. 1996-62, ordering the formation of the Seabreeze Landscape Maintenance Assessment District pursuant to Streets and Highway Code §22594 and the Landscaping and Lighting Act of 1972 to maintain certain improvements required of new development as a condition of the subdivision approvals; and
WHEREAS, the City Engineer, on the direction of the City Council, has filed with the City Clerk a report with respe ct to the Fiscal Year 2022-23 levy of the assessment in connection with the Assessment District (the “Report”); and
WHEREAS, the Report is on file in the Office of the City Clerk, availa ble for public inspection, and incorporated herein by reference; and
WHEREAS, the Report recommends that the assessment rate remain at $182.42 per parcel; and

WHEREAS, the City Council desires to proceed with the process for levying the Fiscal Year 2022-23 levy of a ssessments in connection with the Assessment District prior to the August 1, 2022 deadline with the Monterey County Auditor-Controller.

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

1. The Report is hereby approved as filed.

2. The Council declares its intention to levy and collect assessments in the Assessment District for Fiscal Year 2022-23 as described in the Report.

3. Reference is made to the Report for a full and detailed description of (i) the improvements to be operated and maintained in connection with the Assessment District; (ii) the bounda ries of the Assessment Di strict; and (iii) the proposed assessments upon assessable lots and parcels of land within the Assessment District.

The Report describes, among other things, each affected parcel of real property and the amount of the assessments for each such affected parcel for Fiscal Year 2022-23.

The Assessment District generally includes all residential parcels in the Seabreeze subdivision. The amount of the assessment and the general nature of the improvements are not proposed to change from the prior year.

4. A public hearing on the levy of assessments in Fiscal Year 202 2-23 in connection with each of the Districts is scheduled for Tuesday, April 5, 2022, at 6:30 P.M. or as soon thereafter as the matter may be heard in conformance with Governor Newsom’s Executive Order N.29 -20 and City Council Resolution 2020 -29 ratifying the Proclamation of a Local Emergency by the City Manager/Director of Emergency Services related to the COVID-19 (coronavirus) pandemic. Public participation in the City of Marina City Council and other public meetings shall be electronic only and without a physical location for public parti cipation, until further notice in compliance with California state guidelines on social distancing. Information on the broadcasting and Public Participation during this meeting will be posted on the Meeting Agenda. 3 Resolution No. 2022-
Page Two

5. Staff is directed to give notice of the public hearing pursuant to Section 22626(a) of the Act.

PASSED AND ADOPTED by the City Council of the Cit y of Marina at a regular meeting duly held on the 15th day of March 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

___________________________
Bruce Delgado, Mayor
ATTEST:

__________________________________
Anita Sharp, Deputy City Clerk

4 EXHIBIT A
5 6
7 8
9 March 7, 2022 Item No. 8f(5)

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

CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2022-,
PRELIMINARILY APPROVING THE FISCAL YEAR 2022-23
ENGINEER’S REPORT FOR THE MONTEREY BAY ESTATES
LIGHTING & LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT;

DECLARING ITS INTENTION TO LEVY AN ASSESSMENT IN FISCAL YEAR 2022-23 IN THAT DISTRICT; AND CALLING A PUBLIC
HEARING FOR APRIL 5, 2022

REQUEST:

It is requested that the City Council consider:

1. Adopting Resolution No. 2022-, preliminarily approving the Fiscal Year 2022-23 Engineer's Report for the Monterey Bay Estates Lighting & Landscape Maintenance Assessment District; declaring its intention to levy an assessment in fiscal year 2022- 23 in that district; and calling a public hearing for April 5, 2022.

BACKGROUND:

At the regular meeting of October 3, 1989, the City Council adopted Resolution No. 1989 -62, ordering the formation of the Monterey Bay Estates Lighting and Lan dscape Maintenance Assessment District pursuant to Streets and Highway Code §22594 and the Landscaping and Lighting Act of 1972 to maintain certain improvements required of new development as a condition of the subdivision approvals.

The Landscaping and Li ghting Act of 1972 requires an annual update report to be prepared which includes the costs to maintain the improvements of the Districts and what the proposed assessments will be to provide for that maintenance.

The first step in the annual update proces s is for the City Council to initiate the process by adopting a resolution ordering the City Engineer to prepare and file an Engineer's Report for the District. After initiation of the update process and preparation of the update report, the City Council w ill be requested to adopt a resolution of intention to set a Public Hearing. Lastly, a Public Hearing will be held at a subsequent City Council meeting where the Assessment District is approved and confirmed, resulting in the adoption of a resolution confi rming the levy of assessment pursuant to the provisions of the Landscape and Lighting Act of 1972 of Part 2 of Division 15 of the Streets and Highways Code of the State of California.

At the regular meeting of March 1, 2022, the City Council adopted Resolution No. 20 22-26, ordering the City Engineer to prepare and to file a report related to maintenance of the Monterey Bay Estates Lighting and Landscape Maintenance Assessment District Fiscal Year 2022-23.

ANALYSIS:

Staff has prepared an Engineer’s Repo rt for the Monterey Bay Estates Lighting & Landscape Maintenance Assessment District for FY 2022-23 and filed the report with the City Clerk. Staff is proposing assessment amounts as follows:

Current FY 2021-22 Proposed FY 2022-23
Monterey Bay Estates $77.14 $77.14
(162 parcels)
1 Staff has been coordinating with various District residents to discuss further beautification and improvements to the District. An uplifting of sidewalk due to roots from trees maintained by the District is planned for r emoval and replacement with planned fu rther b eautification under review. Regular monthly maintenance of the existing District will continue.

Once the hearing is completed and the levy approved, the City has until August 1, 2022 to file a certified copy of the diagram and assessment with the Monterey County Auditor-Controller.

FISCAL IMPACT:

Adequate funding for providing notices for the public hearing has been appropriated in the FY 21/22 budget account for th e Monterey B ay Estates Lighting & Landscape Maintenance Assessment District. There is no fiscal impact to approving the engineer's report and setting a public hearing.

CONCLUSION:

This request is submitted for City Council discussion and possible action.

Respectfully submitted,

____________________________
Edrie Delos Santos, P.E.

Senior Engineer
Public Works Department
City of Marina

REVIEWED/CONCUR:

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

Public Works Director/City Engineer
City of Marina

_____________________________
Layne P. Long
City Manager
City of Marina

2 RESOLUTION NO. 2022-

A RESOLUTION OF CITY COUNCIL OF THE CITY OF MARINA PRELIMINARILY APPROVING THE FISCAL YEAR 2022-23 ENGINEER'S REPORT FOR THE MONTEREY BAY ESTATES LIGHTING & LANDSCAPE MAINTENANCE ASSESSMENT DISTRICT; DECLARING ITS INTENTION TO LEVY AN ASSESSMENT IN FISCAL YEAR 2022-23 IN THAT DISTRICT; AND CALLING A PUBLIC HEARING FOR APRIL 5, 2022

WHEREAS, at the regular meeting of October 3, 1989, the City Council adopted Resolution No. 1989-62, ordering the formation of the Monterey Ba y Estates Lighting and Landscape Maintenance Assessment District pursuant to Stre ets and Highway Code §22594 and the Landscaping and Lighting Act of 1972 to ma intain c ertain improvements required of new development as a condition of the subdivision approvals; and

WHEREAS, the City Engineer, on the direction of the City Council, has filed with the City Clerk a report with respect to the Fiscal Year 2022-23 levy of the as sessment in connection with the Assessment District (the “Report”); and

WHEREAS, the Report is on file in the Office of the City Clerk, available for public inspection, and incorporated herein by reference; and

WHEREAS, the Report recommends that the assessment rate remain at $77.14 per parcel; and

WHEREAS, the C ity Council desires to proceed with the process for levying the Fiscal Year 2022-23 levy of assessments in connection with the Assessment District prior to the August 1, 2022 deadline with the Monterey County Auditor-Controller.

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

1. The Report is hereby approved as filed.

2. The Council declares its intention to levy and collect assessments in the Assessment District for Fiscal Year 2022-23 as described in the Report.

3. Reference is made t o the Report for a f ull and detailed description of (i) the improvements to be operated and maintained in connection with the Assessment District; (ii) the boundaries of the Assessmen t Distr ict; a nd (iii) the proposed assessments upon as sessable lots and p arcels of la nd within the Assessment District.

The Report describes, among other things, each affected parcel of real property and the amount of the assessments for each such affected parcel for Fiscal Year 2022-23.

The Assessment Distr ict g enerally inclu des all resi dential parcels in the Monterey Bay Estates subdivision. The general nature of the improvements is not proposed to change from the prior year.

4. A public hearing on the levy of assessm ents in Fis cal Year 202 2-23 in connection with each of the Districts is scheduled for Tuesday, April 5, 2022, at 6:30 P.M. or as soon thereafter as the matter may be heard in conformance with Governor New som’s Executive Order N.29 -20 and City Council Resolut ion 2020 -29 ratifying the Proclamation of a Local Emergency by the City Manager/Director of Emergency Services related to the COVID-19 (coronavirus) pandemic. Public participation in the City of Marina City Council and other public meetings shall be electr onic only and without a physical location for public participation, until further notice in compliance with California state guidelines on social distancing. Information on the broadcasting and Public Participation during this meeting will be posted on the Meeting Agenda. 3 Resolution No. 2022-
Page Two

5. Staff is directed to give notice of t he public hear ing pursuant to Section 22626(a) of the Act.

PASSED AND ADOPTED by the City Council of the City of Marina at a r egular meeting duly held on the 15th day of March 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

___________________________
Bruce Delgado, Mayor
ATTEST:

__________________________
Anita Sharp, Deputy City Clerk

4 EXHIBIT A
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 March 3, 2022 Item No: 8g(1)

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

CITY COUNCIL CONSIDER ADOPTIN G RE SOLUTION NO. 20 22-,

APPROVING ASSIGNMENT OF A LEASE, ASSUMPTION OF

ASSIGNMENT OF LEASE AND CONSENT TO ASSIGNMENT OF
LEASE FOR 3240 INJIM ROAD (BUILDING 510) BETWEEN THE CITY OF MARINA, DRIVEN PERFORMANCE, LLC AND JOBY AERO, INC.,

AND AUTHORIZING CITY MANAGE R TO EXECUTE THE

ASSIGNMENT OF THE LEASE ON BEHALF OF THE CITY, SUBJECT

TO FINAL REVIEW AND APPROVAL BY CITY ATTORNEY

REQUEST:

It is requested that the City Council consider:

1. Adopting R esolution No. 2022-, app roving assignment of a Lease, Assumption of Assignment of Lease and consent to Assignment of Lease for 3240 Imjin Road (Building 510) between the City of Marina, Driven Performance, LLC and Joby Aero, Inc.; and

2. Authorizing City Manager to execute the Assignment of the Lease Agreement, on behalf of the City, subject to final review and approval by City Attorney.

BACKGROUND:

On March 28, 2017, the City and Driven Performance Manufacturing, LLC entered into a certain Lease Agreement (EXHIBIT “A”) for a City owned building on the Marina Municipal Airport, located at 3240 Im jin Road (Building 5 10). The Lease had a dela yed effective date pending certain repa irs by the City to the bui lding. The repa irs were completed, and the Lease term became effective on December 1, 201 9. The term of the Lease is 5 year s with a City option to extend another 5 years. The space consists of 21,542 square feet of hangar, office and miscellaneous space. The initial Lease rate was $.21 per square foot with an annual escalator of 5% throughout the term. The uses permitted by t he L ease include aviation related manufacturing, assemblage or engineering, tooling, testi ng, manufacturing and the sale of composite aircraft components.

ANALYSIS:

On January 31, 2022, the City received a letter from Joe Johnson, CEO of Fort Ord Works, Inc. (EXHIBIT “B”) requesting that the Lease for Building 521 be transferred to Joby Aero, Inc. for the remainder of the initial term and option period.

The initial 5 ye ars of the Lease will conclude on December 1, 2024, after w hich the City will need to consent to an ad dition 5-year term to con tinue the lease. The current monthly rent for year 2 of the term is $5,181 per month ($.24 per s.f.). The Lease rate will continue to increase by 5% annually for the remainder of the term and will include the following monthly rents:

Rent for Year Three – $5,440
Rent for Year Four – $5,712
Rent for Year Five – $5,997

1 Rent for Year One of Optional Term – $6,297
Rent for Year Two of Optional Term – $6,612
Rent for Year Three of Optional Term – $6,943
Rent for Year Four of Optional Term – $7,290
Rent for Year Five of Optional Term – $7,694

Tenant also pays the utilities (water, sewer, and gas), trash collection and related assessments.

All of Tenant’s operati ng expenses including liability insurance premiums, permits and license fees and personal property taxes on Tenant’s trade f ixtures and property are paid by the Tenant as well.

The Assignment of the Lease to Joby Aero, Inc. requires the consent of the City. Approval of the attached resolution will a llow the City Manager to sign th e Assignment of a Lease, Assumption of Assignment of Lease and Consent to Assignment of Lease (EXHIBIT “C” ) as the representative of the City.

FISCAL IMPACT:

There are no new fiscal impacts to the City as a result of this action.

CONCLUSION:

This request is submitted for the City Council consideration and approval

Respectfully submitted,

_____________________________
Matt Mogensen
Assistant City Manager
City of Marina

REVIEWED/CONCUR:

___________________________
Layne Long
City Manager
City of Marina

2 RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA

APPROVING ASSIGNMENT O F A LEASE, ASSUMPTION OF

ASSIGNMENT OF LEASE AND CONSENT TO ASSIGNMENT OF LEASE
FOR 3240 I MJIN ROAD (BUILDING 5 10) BETWEEN THE CITY OF

MARINA, DRIVEN PERFORMANCE MANUFACTURING, LLC AND JOBY AERO, INC., AND AUTHO RIZING CITY MANAGER TO EXEC UTE THE

ASSIGNMENT OF THE LEASE ON BEHALF OF THE CITY, SUBJECT TO

FINAL REVIEW AND APPROVAL BY CITY ATTORNEY

WHEREAS, Building 510 located at 3240 Imjin Road consists of 21,542 square feet of hangar, office and miscellaneous space; and,

WHEREAS, on March 28, 2017, the City and Driven Performance Manufacturing, LLC entered into a Lease Agreement for a City owned building at the Marina Municipal Airport. The Lease had a delayed effective date pending certain repairs by the City to the building. The repairs were completed, and the Lease term became effective on December 1, 2019; and,

WHEREAS, the uses permitted by the Lease include s aviation related manufacturing, assemblage or engineering, tooling, testing, manufacturing and the sa le of composite aircraft components; and,

WHEREAS, the current monthly rent for yea r 2 of the term is $ 5,181 per month ($. 24 per s.f.).

The Lease rate will continue to increase by 5% annually for the remainder of the term; and,

WHEREAS, on January 31, 2022, the City received a letter from Joe Johnson, CEO of Fort Ord Works, Inc. requesting that the Lease for Building 510 be transferred to Joby Ae ro, Inc. for the remainder of the initial term and option period; and,

WHEREAS, Article 15 of the Lease provides for the a ssignment of the Lease to another party with the written consent of the City; and,

WHEREAS, the Assignment of a Lease, Assumption of Assignment of Le ase and Consent to Assignment of Lease between the City of Marina, Driven Performance Manufacturing, LLC and Joby Aero, Inc. attached herein provides the City’s written consent to assignment of the Lease to Joby Aero, Inc. under the same terms as provided in said Lease; and,

WHEREAS, under the terms of the Lease the initial 5-year term will conclude on December 1, 2024, after which the City will need to consent to an addition 5-year term to continue the lease.

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

1. Adopting R esolution No. 2022-, app roving assignment of a lease, assumption of assignment of lea se and consent to assignment of lease for 3240 Imjin Road (Building 510) between the City of Marina, Driven Perform ance Man ufacturing, LLC and Joby Aero, Inc.; and,

2. Authorizing City Manager to execute the Assignment of the Lease Agreement, on behalf of the City, subject to final review and approval by City Attorney.

3 Resolution No. 2022-
Page Two

PASSED AND ADOPTED by the City Council of the City of Marina at a regu lar meeting duly held on the 15th day of March 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

4 EXHIBIT A
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10 EXHIBIT A
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76 Jan 31, 2022
Mr. Matt Mogensen
City of Marina
Marina, Ca.

Matt,
This letter is to inform you that it is the intention of Fort Ord Works to transfer the remainder of the leases it holds at properties 3240 Imjin Road and 791 Neeson Road owned by the City of Marina over to Joby Aviation as an integral part of an overall sale of all assets of Fort Ord Works to Joby.

It is our understanding that Joby will be utilizing these facilities within the scope of the current City approved uses by Fort Ord Works (design and fabrication of composite aircraft components and tooling). We also understand that there are some open issues between FOW and the City that should be resolved in conjunction with the lease transfers such as -
1) An open building permit issued for 3240 Imjin Road
2) Business license fees owed the City by FOW
3) Monies owed FOW by City for work done by contractor on ﬁre suppression system We are hoping to close the transaction with Joby on or before March 1, 2022 so any actions by the city to help us achieve that goal will be greatly appreciated.

With best regards,
Joe Johnson
CEO, Fort Ord Works Inc.

Marina (Monterey area) California
i

FORT ORD WORKS
High Performance Structures
FORT ORD WORKS 791 Neeson Road, Marina Ca. 93933 408 607 6998 www.fortordworks.com

EXHIBIT B
77 1
Recording Requested by: )
City of Marina )
When Recorded Return to )
City of Marina )
Attn: Deputy City Clerk )
211 Hillcrest Avenue )
Marina, California 93933. )
)
A.P.N. 031-112-037 (a portion)
Exempt from Recording Fees: Govt. Code 27383
Documentary Transfer Tax: -0-
Assignment of a Lease of Real Property with a
Term less than 35 Years
______________________________________________________________________________ [Space Above this Line for Recorder’s Use)

ASSIGNMENT OF LEASE, ASSUMPTION OF ASSIGNMENT OF LEASE

AND CONSENT TO ASSIGNMENT OF LEASE
This Assignment of Lease, Assumption of Assignment of Lease and Consent to Assignment of Lease is entered into for reference purposes as of ____________ ____, 2022, by and between the City of Marina, a California charter city (“City”), Driven Performance, LLC (the “Assignor”), a California limited liability company, and Joby Aero, Inc. (the “Assignee”), a Delaware corporation, as follows.

Recitals

1. On March 28, 2017, the City and Assignor entered into that certain Lease (the “Lease”), a copy of which is attached hereto as Exhibit A and by this reference made a part hereof, for real property consisting of a portion of Assessor’s Parcel Numbers (“APN”) 031-112-0379 located in Monterey County consisting of being a portion of the Marina Municipal Airport, located within and around Building Number 510 (the “Building” or “Building 510”) located at 3240 Imjin Road, City of Marina, County of Monterey, California, as shown on Exhibit A, attached to the Lease. The uses permitted by the Lease include tenant’s commercial, non-aeronautical use of the leased premises for aviation-related manufacturing, assemblage or research and aviation-based services, supplies or retail including developing, designing, engineering, tooling, testing, manufacturing and the sale of composite aircraft components. Subject to obtaining a conditional use permit from the City, tenant may use the premises for

EXHIBIT C
78 2

such other non-aviation-related uses as may be permitted by the conditional use permit. The tenant shall not use the leased premises, or any part thereof, or permit them to be used for any purpose other than the purpose specified herein without the consent of the City, such consent not to be unreasonably withheld.

2. The Lease provides the Assignor may assign the premises with the City's consent.. Any such assignment shall not, in any way, affect or limit the liability of Assignor under the terms of this lease even if after such assignment or subletting the terms of this Lease are materially changed or altered without the consent of Assignor, the consent of whom shall not be necessary.

3. On January 31, 2022, the City was notified of Assignor’s intention to assign its interest in the Lease to Assignee.

NOW, THEREFORE, For good and valuable consideration, the receipt of which is hereby acknowledged the parties agree as follows:

Article 1
Assignment of Lease.

For value received the undersigned Driven Performance, LLC, a California limited liability company, as lessee under the Lease and Assignor does hereby sell, transfer and assign to Assignee all right, title and interest in and to the Lease. In accepting assignment Assignee agrees, from the date the assignment becomes effective, to assume and perform all duties and obligations under the Lease as a direct obligation to the City.

Assignor shall remain liable for the performance of the provisions of the Lease. City shall send to Assignor any notice of default that City sends to Assignee. Assignor agrees to execute any and all documents necessary to effect the intent and purpose of this Assignment of Lease on demand.

The assignment of the Lease shall take effect on the date this document is fully executed by each party, or upon the date the Assignee provides insurance in accordance with the requirements of Article 11 of the Lease, whichever date is later, and Assignor shall give possession of the Premises to Assignee on that date.

EXHIBIT C
79 3

Article 2
Assumption of Assignment of Lease
For value received, the Assignee hereby assumes and accepts the foregoing Assignment of Lease by Assignor and assumes the obligations under the Lease. Such assumption and acceptance irrevocably bind Assignee and Assignee’s successors in interest, heirs and personal representatives to the faithful performance of all terms and conditions of the Lease as direct obligations to the City to the same extent as if Assignee had been an original party thereto.

Assignee and Assignor agree to execute any and all documents necessary to effect the intent and purpose of this Assumption of Assignment of Lease on demand.

Article 3
Consent to Assignment of Lease

The City hereby consents to the assignment of the Lease from Assignor to, and the assumption of the Lease by, the Assignee. The City’s consent to the assignment is made without waiver of the restrictions concerning further assignment.

The City agrees to execute any and all documents necessary to effect the intent and purpose of this Consent to Assignment of Lease on demand.

Article 4
General Provisions
All provisions hereof shall be binding on and inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns.

In the event any portion of a promise or covenant contained in this Assignment of Lease, Assumption of Assignment of Lease and Consent to Assignment of Lease is held unreasonable or unenforceable in an unappealed final decision to which the City, Assignee and/or Assignor are bound by a court or agency having valid jurisdiction, the applicable party expressly agrees to be bound by each lesser covenant imposing the maximum duty permitted by law that is subsumed within the terms of such promise or covenant, as if it were separately stated and made part of this Assignment of Lease,

EXHIBIT C
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Assumption of Assignment of Lease and Consent to Assignment of Lease.

Assignor, Assignee, and City represent and acknowledge that they have each been provided with the opportunity to discuss and review the terms of this document with their respective attorneys before signing it and that they are freely and voluntarily signing this document in exchange for the benefits provided herein. Each further represents and acknowledges that a reasonable period of time within which to review the terms of this Assignment of Lease, Assumption of Assignment of Lease and Consent to Assignment of Lease.

Time is of the essence in the performance of each provision of this Assignment of Lease, Assumption of Assignment of Lease and Consent to Assignment of Lease.

Should any litigation be initiated between the parties hereto concerning this Assignment of Lease, Assumption of Assignment of Lease and Consent to Assignment of Lease or the rights or duties of either the City, Assignee or Assignor, the party prevailing in such action shall be entitled, in addition to such other relief as may be granted, to a reasonable sum as and for attorney’s fees in such action, which shall be determined by the court, or in a separate action brought for that purpose.

The individuals executing this Assignment of Lease, Assumption of Assignment of Lease and Consent to Assignment of Lease on behalf of the Assignor, the Assignee and the City represent and warrants that are duly authorized to execute and deliver this Assignment of Lease, Assumption of Lease and Consent to Assignment of Lease on behalf of said entity and that this document is binding upon said limited liability company, corporation and the City in accordance with its terms.

IN WITNESS WHEREOF, the parties hereto have executed this Assignment, Assumption of Assignment and Consent to Assignment of Lease on the dates set forth below.

City of Marina (“City”)
Attest: (Reso. No. 2022-___ A California Charter City

_______________________ By: __________________ Deputy City Clerk Its: __________________
Date: ________________, 2022

EXHIBIT C
81 5

Approved as to Form:

_______________________
Robert Rathie
Counsel for the City

Driven Performance, LLC (“Assignor”)
A California Limited Liability Company

By: ___________________
Joe Johnson, Its Managing Member

Date: ________________, 2022

Joby Aero, Inc. (“Assignee”)
A California Corporation

By:____________________
Its:

Date: ________________, 2022

By:____________________
Its:

Date: ________________, 2022

[All four above signatures to be notarized.]

EXHIBIT C
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EXHIBITS

EXHIBIT A

LEASE

EXHIBIT C
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EXHIBIT C
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EXHIBIT C
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EXHIBIT C
86 March 3, 2022 Item No: 8g(2)

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

CITY COUNCIL CONSIDER ADOPTIN G RE SOLUTION NO. 20 22-,

APPROVING ASSIGNMENT OF A LEASE, ASSUMPTION OF

ASSIGNMENT OF LEASE AND CONSENT TO ASSIGNMENT OF
LEASE FOR 791 NEESON ROAD (BUILDING 521) BETWEEN THE
CITY OF MARINA , FORT ORD WORKS, INC AND JOBY AERO, INC.,

AND AUTHORIZING CITY MANAGER TO EXECUTE THE

ASSIGNMENT OF THE LEASE ON BEHALF OF THE CITY, SUBJECT

TO FINAL REVIEW AND APPROVAL BY CITY ATTORNEY

REQUEST:

It is requested that the City Council consider:

1. Adopting R esolution No. 2022-, app roving assignment of a lease, assumption of assignment of lea se and consent to assignment of lease for 791 Neeson Road (Building 521) between the City of Marina, Fort Ord Works, Inc and Joby Aero, Inc.; and

2. Authorizing City Manager to execute the Assignment of the Lease Agreement, on behalf of the City, subject to final review and approval by City Attorney.

BACKGROUND:

On November 7, 2018, the City and Fort Ord Works, Inc. entered into a certain Lease Agreement (EXHIBIT “A”) for a C ity owned building on the Marina Municipal Airport, located at 791 Neeson Ro ad (Building 52 1). The term of the Lease is 5 years with a City option to extend another 5 years. The space consists of 7,220 square feet of warehouse, office and miscellaneous space. The initial Lease rate was $.33 per square foot with an annual escalator of 5% throughout the term. The uses permitted by the Lease include tenant’s commercial, non -aeronautical use of the leased premises for aviation -related man ufacturing, assemblage or research and aviation - based services, supplies or retail including developing, designing, engineering, tooling, testing, manufacturing and the sale of composite aircraft components.

ANALYSIS:

On January 31, 2022, the City received a letter from Joe Johnson, CEO of Fort Ord Works, Inc . (EXHIBIT “B”) requesting that the Lease for Building 521 be transferred to Joby Aero, Inc. for the remainder of the initial term and option period.

The initial 5 ye ars of the Lease will conclude on November 7, 2023 , after w hich the City will need to consen t to an ad dition 5-year term to continue the lease. The current monthly rent for year 3 of the term is $2,627 per month ($.36 per s.f.). The Lease rate will continue to increase by 5% annually for the remainder of the term and will include the following monthly rents:

Rent for Year Four – $2,758
Rent for Year Five – $2,896

1 Rent for Year One of Optional Term – $3,041
Rent for Year Two of Optional Term – $3,193
Rent for Year Three of Optional Term – $3,353
Rent for Year Four of Optional Term – $3,521
Rent for Year Five of Optional Term – $3,697

Tenant also pays the utilities (water, sewer, and gas), trash collection and related assessments.

All of Tenant’s operating expenses including liability insurance premiums, permits and license fees and personal property taxes on Tenant’s trade fixtures and property are paid by the Tenant as well.

FISCAL IMPACT:

There are no new fiscal impacts to the City as a result of this action.

CONCLUSION:

This request is submitted for the City Council consideration and approval

Respectfully submitted,

_____________________________
Matt Mogensen
Assistant City Manager
City of Marina

REVIEWED/CONCUR:

___________________________
Layne Long
City Manager
City of Marina

2 RESOLUTION NO. 2022-

A RESOLUTI ON OF THE CITY COUNCIL OF THE CITY OF MARINA

APPROVING ASSIGNMENT O F A LEASE, ASSUMPTION OF

ASSIGNMENT OF LEASE AND CONSENT TO ASSIGNMENT OF LEASE
FOR 791 NEESON ROAD (BUILDING 521) BETWEEN THE CITY OF
MARINA, FORT ORD WORKS, INC AND JOBY AERO, INC., AND

AUTHORIZING CITY MANAGER TO EXEC UTE THE ASSIGNMENT OF

THE LEASE ON BEHALF OF THE CITY, SUBJECT TO FINAL REVIEW

AND APPROVAL BY CITY ATTORNEY

WHEREAS, Building 521 located at 791 Neeson Road consists of 7,220 square feet of warehouse, office and miscellaneous space; and,

WHEREAS, on November 7, 2018, the City and Fort Ord Works, Inc. entered into a Lease Agreement for the City owned Building 521 on the Marina Municipal Airport; and,

WHEREAS, the uses permitted by the Lease include the non-aeronautical use of the premises for aviation-related manufacturing, assemblage or research and aviation -based services, supplies or retail including developing, designing, engineering, tooling, testing, manufacturing and the sale of composite aircraft components; and,

WHEREAS, the current monthly rent for yea r 3 of the term is $2,627 per month ($.36 per s .f.).

The Lease rate will continue to increase by 5% annually for the remainder of the term; and,

WHEREAS, on January 31, 2022, the City received a letter from Joe Johnson, CEO of Fort Ord Works, Inc. requesting that the Lease for Building 521 be transferred to Joby Ae ro, Inc. for the remainder of the initial term and option period; and,

WHEREAS, Article 15 of the Lease provides for the a ssignment of the Lease to another party with the written consent of the City; and,

WHEREAS, the Assignment of a Leas e, Assumption of Assignment of Lease and Consent to Assignment of Lease between the City of Marina, Fort Ord Works, Inc and Joby Aero, Inc. attached herein provides the City’s written consent to assignment of the Lease to Joby Aero, Inc. under the same terms as provided in said Lease; and,

WHEREAS, under the terms of the Lease the initial 5-year term will conclude on November 7, 2023, after which the City will need to consent to an addition 5-year term to continue the lease.

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

2. Authorizing City Manager to execute the Assignment of the Lease Agreement, on behalf of the City, subject to final review and approval by City Attorney.

3 Resolution No. 2022-
Page Two

PASSED AND ADOPTED by the City Council of the City of Marina at a regu lar meeting duly held on the 15th day of March 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

4 EXHIBIT A
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64 Jan 31, 2022
Mr. Matt Mogensen
City of Marina
Marina, Ca.

With best regards,
Joe Johnson
CEO, Fort Ord Works Inc.

Marina (Monterey area) California
i

FORT ORD WORKS
High Performance Structures
FORT ORD WORKS 791 Neeson Road, Marina Ca. 93933 408 607 6998 www.fortordworks.com

EXHIBIT B
65 1
Recording Requested by: )
City of Marina )
When Recorded Return to )
City of Marina )
Attn: Deputy City Clerk )
211 Hillcrest Avenue )
Marina, California 93933 )
)
A.P.N. 031-112-015
Exempt from Recording Fees: Govt. Code 27383
Documentary Transfer Tax: -0-
Assignment of a Lease of Real Property with a
Term less than 35 Years
______________________________________________________________________________ [Space Above this Line for Recorder’s Use]

ASSIGNMENT OF LEASE, ASSUMPTION OF ASSIGNMENT OF LEASE

AND CONSENT TO ASSIGNMENT OF LEASE
This Assignment of Lease, Assumption of Assignment of Lease and Consent to Assignment of Lease is entered into for reference purposes as of ____________ ____, 2022, by and between the City of Marina, a California charter city (“City”), Fort Ord Works, Inc. (the “Assignor”), a California corporation, and Joby Aero, Inc. (the “Assignee”), a Delaware corporation, as follows.

Recitals

1. On November 7, 2018, the City and Assignor entered into that certain Lease (the “Lease”), a copy of which is attached hereto as Exhibit A and by this reference made a part hereof, for real property consisting of a portion of Assessor’s Parcel Numbers (“APN”) 031-112-015 located in Monterey County consisting of being a portion of the Marina Municipal Airport, located within and around Building Number 521 (the “Building” or “Building 521”) located at 791 Neeson Road, City of Marina, County of Monterey, California, as shown on Exhibit A, attached to the Lease. The uses permitted by the Lease include tenant’s commercial, non-aeronautical use of the leased premises for aviation-related manufacturing, assemblage or research and aviation-based services, supplies or retail including developing, designing, engineering, tooling, testing, manufacturing and the sale of composite aircraft components. Subject to obtaining a conditional use permit from the City, tenant may use the premises for

EXHIBIT C
66 2

2. The Lease provides the Assignor may assign the premises with the City's consent. Any such assignment shall not, in any way, affect or limit the liability of Assignor under the terms of this lease even if after such assignment or subletting the terms of this Lease are materially changed or altered without the consent of Assignor, the consent of whom shall not be necessary.

3. On January 31, 2022, the City was notified of Assignor’s intention to assign its interest in the Lease to Assignee.

NOW, THEREFORE, for good and valuable consideration, the receipt of which is hereby acknowledged the parties agree as follows:

Article 1
Assignment of Lease.

For value received the undersigned Fort Ord Works, Inc., a California corporation, as lessee under the Lease and Assignor does hereby sell, transfer and assign to Assignee all right, title and interest in and to the Lease. In accepting assignment Assignee agrees, from the date the assignment becomes effective, to assume and perform all duties and obligations under the Lease as a direct obligation to the City.

EXHIBIT C
67 3

Assignee and Assignor agree to execute any and all documents necessary to effect the intent and purpose of this Assumption of Assignment of Lease on demand.

Article 3
Consent to Assignment of Lease

The City agrees to execute any and all documents necessary to effect the intent and purpose of this Consent to Assignment of Lease on demand.

Article 4
General Provisions
All provisions hereof shall be binding on and inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns.

EXHIBIT C
68 4

Assumption of Assignment of Lease and Consent to Assignment of Lease.

Time is of the essence in the performance of each provision of this Assignment of Lease, Assumption of Assignment of Lease and Consent to Assignment of Lease.

The individuals executing this Assignment of Lease, Assumption of Assignment of Lease and Consent to Assignment of Lease on behalf of the Assignor, the Assignee and the City represent and warrants that are duly authorized to execute and deliver this Assignment of Lease, Assumption of Lease and Consent to Assignment of Lease on behalf of said entity and that this document is binding upon said corporations and the City in accordance with its terms.

IN WITNESS WHEREOF, the parties hereto have executed this Assignment, Assumption of Assignment and Consent to Assignment of Lease on the dates set forth below.

City of Marina (“City”)
Attest: (Reso. No. 2022-___ A California Charter City

_______________________ By: __________________ Deputy City Clerk Its: __________________

Date: ________________, 2022

EXHIBIT C
69 5

Approved as to Form:

_______________________
Robert Rathie
Counsel for the City

Fort ORD Works, Inc. (“Assignor”)
A California Corporation

By: ___________________
Its: ___________________

Date: ________________, 2022

By: ___________________
Its: ___________________

Date: ________________, 2022

Joby Aero, Inc. (“Assignee”)
A Delaware Corporation

By:____________________
Its:

Date: ________________, 2022

By:____________________
Its:

Date: ________________, 2022

[All five above signatures to be notarized.]

EXHIBIT C
70 6

EXHIBITS

EXHIBIT A

LEASE

EXHIBIT C
71 7

EXHIBIT C
72 8

EXHIBIT C
73 9

EXHIBIT C
74 10

EXHIBIT C
75 11

EXHIBIT C
76 March 10, 2022 Item No. 8g(3)

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

CITY COUNCIL TO CONSIDER ADOPTING RESOLUTION NO. 202 2-, APPROVING AMENDMENT NO. 2 TO THE PROGRAM MANAGEMENT

SERVICES AGREEMENT BETWEEN THE CITY OF MARINA AND

WALLACE GROUP, AND AUTHORIZING THE CITY MANAGER TO

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

REQUEST:

It is requested that the City Council consider:

1. Adopting Resolution No. 2022-, approving Amendment No. 2 to the Program Management Services between the City of Marina and Wallace Group (WG), to add to the scope of work for the program management services for multiple projects defined under the Capital Improvement Program (CIP) and Airport Capital Improvement Program (ACIP). “Exhibit A-2”

2. Increase the contract limit amount by $1,288,548.04 for a total contract limit of $2,601,794.04.

3. Authorizing the City Manager to execute the amendment on behalf of the City subject to final review and approval by the City Attorney.

BACKGROUND:

The City Council approved a two-year CIP and ACIP on June 18th, 2019. Program appropriations in the FY 19-20 and FY 20-21 budgets brings the CIP to $58,923,848 in 35 projects and the ACIP to $5,007,993 in 16 projects.

On April 7, 2020, the City Council passed Resolution No. 2020 -30, approving a professional services agreement between the City of Marina and Wallace Group for Program Management Services for projects in the CIP.

On May 18, 2020, the City and Wallace Group entered into the Agreement for Program Management Services (the “Agreement”) to provide program management services pertaining to various City projects including, but not necessarily limited to, the Capital Improvement Program and the Airport Capital Impr ovement Program, for the City. The term of the Agreement ends on June 30, 2023, and compensation to the contractor under the Agreement was provided on a time and materials basis not to exceed $703,696.

On June 15, 2021, the First Amendment was issued to p rovide further Program Management Services related to hazardous material abatement and removal of blighted buildings. In the First Amendment, the Section (A) of the Article 1 “Scope of Work” and the Section (a) of the Article 3 “Compensation” from the Agreement were deleted and replaced to increase the compensation cap into $1,313,246.00.

1 According to the increase/changes in the scope of work related to the CIP and ACIP projects, City has received a cost proposal from Wallace Group attached hereto as “Exhibit A-2”, for the issuance of the Second Amendment to the Agreement for Program Management Services to increase the total compensation cap into $2,601,794.04. “Exhibit A-2”

ANALYSIS:

On November 16, 2021, the City Council approved allocating $51,930,00 and $9,549,000 in the FY 22 and FY 23 budgets for the CIP projects, respectively. Also, the approved budgets for ACIP projects for the FY 22 and FY 23 are $1,511,635 and $1,997,600, resp ectively. Based on this approval, the scope of work for CIP and ACIP projects is expanded for FY 22-23.

The City regularly enters into various professional services contracts during the course of business to support delivery of capital improvements. A program management services contract with a consulting firm is one method to increase the capacity for mana ging and delivering capital improvements.

Wallace Group has the experience to provide program management services including bid document preparation, permitting, project bidding and engineering services during construction.

Approval of the additional scope of work and associated increase in fee limit of $1,288,548.04 to the Program Management Services contract is an expeditious and cost-effective way for the City to manage and complete the CIP and ACIP projects.

FISCAL IMPACT:

Authorization of the work scope change to the Program Management Services contract between the City of Marina and Wallace Group is estimated to cost the City $1,288,548.04. These costs are anticipated in the multiple projects defined under CIP and ACIP . Sufficient funding is available in CIP and ACIP funding.

CONCLUSION:

This request is submitted for City Council discussion and possible action.

Respectfully submitted,

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

Public Works Director/City Engineer
City of Marina

REVIEWED/CONCUR:

Layne P. Long
City Manager
City of Marina

2 RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA APPROVING AMENDMENT NO. 2 TO THE ON-CALL CONSTRUCTION MANAGEMENT AND INSPECTION

SERVICES AGREEMENT BETWEEN THE CITY OF MARINA AND WALLACE GROUP AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT ON BEHALF OF THE CITY SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY.

WHEREAS, on April 7, 2020 the City Council passed Resolution No. 2020-30, approving a professional services agreement between the City of Marina and Wallace Group for Program Management Services for projects in the Capital Improvement Program (CIP); and

WHEREAS, on May 18, 2020, the Program Management Services agreement between the City of Marina and Wallace Group was executed with a time and material compensation basis in an amount not to exceed of $703,696.0; and

WHEREAS, on June 15, 2021, the First Amendment was issued to provide further Program Management Services related to hazardous material abatement and removal of blighted buildings and to increase the compensation cap to $1,313,246.00.

WHEREAS, on November 16, 2021, the City Council approved allocating $51,930,00 and $9,549,000 budget for the FY 22 and FY 23 for the CIP projects, respectively. Also, the approved budgets for ACIP projects for the FY 22 and FY 23 are $1,511,635 and $1,997,600, respectively.

WHEREAS, the budget approval expands the scope of work for CIP and ACIP projects for FY 22-23.

WHEREAS, approval of the additional scope of work and associated increase in fee limit of $1,288,548.04 to the Program Management Services contract is an expeditious and cost -effective way for the City to manage and complete the CIP and ACIP projects.

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Marina does hereby adopt Resolution No. 2021- for the following actions:

1. Approving Amendment No. 1 to the Program Management Services between the City of Marina and Wallace Group (WG), to add to the scope of work for the program management services for the CIP and ACIP projects described in “Exhibit A-2”; and

2. Increase the contract amount limit by $1,288,548.04 for a total contract amount of $2,601,794.04; and

3. Authorizing the City Manager to execute the amendment on behalf of the City subject to final review and approval by the City Attorney.

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

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Bruce C. Delgado, Mayor
ATTEST:

Anita Sharp, Deputy City Clerk
3 SECOND AMENDMENT TO AGREEMENT

WITH CITY OF MARINA

AND WALLACE GROUP FOR

PROGRAM MANAGEMENT SERVICES
THIS SECOND AMENDMENT (“Second Amendment”) to the Agreement for Program Management Services pertaining to City projects and to provide on-call services for the City on an as -needed basis as determi ned by the City En gineer is made this _______________________ 2022, by and between th e City of Marina , a California charter ci ty (“CITY”) and Wallace Group, a California Corporation (“CONTRACTOR”). CITY and CONTRACTOR are sometimes referred to herein collectively as the “Parties.” Recitals
A. On May 18, 2020, CITY and CONTRACTOR entered into the Agreement for Program Management Services (the “Agreement”) to provide program management services pertaining to various City projects including, but not necessarily limited to, the Capital Improvement Program and the Airport Capital Improvement Program, for the City. The term of the Agreement ends on June 30, 2023, and compensation to the CONTRACTOR under the Agreement was provided on a time and materials basis not to exceed $703,696.

B. On June 15, 2021 the First Amendment was issued to provide further Program Management Services related to hazardous material abatement and removal of blighted buildings. In the First Amendment, the Section (A) of the Article 1 “Scope of Work” and the Section (a) of the Article 3 “Compensation” from the Agreement were deleted and replaced to increase the compensation cap into $1,313,246.00.

B. The Agreement provides it may only be amended or modified by written agreement of the Parties. Both Parties now desire to amend the Agreement to increase the total annual compensation cap to provide additional compensation for program management and inspection services related to multiple projects under Capital Improvement Program (CIP) and Airport Capital Improvement Program (ACIP), described in “Exhibit A.” C. Only the numbered Articles of the Agreement which are being amended are set forth in this Second Amendment.

Terms & Conditions Amended
Now, therefore, the Parties agree to amend the Agreement as follows:

1. Article 1 “Scope of Work” Section (a) is deleted and replaced to read in its entirely:
(a) Contractor is hereby hired and retained by the City to work in a cooperative manner with the City to fully and adequately perform those services set forth in “Exhibit A”, “Exhibit A-1”, and “Exhibit A-2” attached hereto (“Scope of

EXHIBIT A
4 Work”) and by this reference made a part hereof. The Contractor shall be available to perform services under this Agreement as needed during the term of the Agreement. With prior written notice to Contractor, City may elect to delete certain tasks of the Scope of Works at its sole direction.

2. Article 3 “Compensation” Section (a) is amended to read in its entirety:

(a) “City liability for compensation to Contractor under this Agreement shall only be to the extent of the present appropriation to fund this Agreement. For services to be provided under this Agreement , City shall compens ate Contractor on a time and materials basis in an amount no t to exceed Two Million Six Hundred And One Thousand Seven Hundred And Ninety-Four Dollars And Four Cents ($2,601,794.04) in accordance with the provisions of this Section and the attac hed hereto as “Exhibit B” and incorporated herein by this reference.”

All other terms and conditions of the Agreement shall remain in full force and effect.

This Second Amendment may be executed in two (2) counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same instrument.

Counterpart may be delivered by facsimile, electronic mail (including pdf. or any electronic signature complying with the U.S.ESIGN Act of 2000, California’s Uniform Electronic Transactions Act (Cal. Civil Code 1633.1 et seq.) or other applicable law) or other transmission method and any counterpart so delivered shall be deemed to have been validly delivered and be valid and effective for all purposes. This Second Amendment consists of three (3) pages.

IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment to the Agreement for CONTRACTOT to provide engineering and building permit services pertaining to City projects and development and to provide support services for the CITY on an as-needed basis as determined by the City Engineer on the date(s) and year written below.

CITY OF MARINA Wallace Group, a California Corporation

By: _________________________ By: _________________________ Layne Long Name:

City Manager Its:

Date: _________________ 2022 Date: _________________ 2022

(Attestation & Approval follow)

ATTEST:

By: _________________________
Deputy City Clerk
5 APPROVED AS TO FORM:

By: _________________________
City Attorney
6 7
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10 No. Project Name Proj Code
(Finance)
Program Amount
FY2019-2021
Program Amount
FY2021-2023
Approved WG
PMS Amount

PROPOSED PMS

AMENDMENT CIP
FY 2021-2023
1 Annual Street Resurfacing APR1801 $6,320,000.00 $6,980,000.00 $100,067.00 $25,000.00 2 California Avenue Pedestrian Crossing
Installation HSR 2005 $75,000 $370,000 $7,125.00 $25,900.00 3 Glorya Jean Tate Park Pump Track and
Restroom Improvements QLP 2006 $477,952 $1,100,000 $25,861.00 $44,000.00 4 Salinas Avenue Widening(*) EDR 1904 $50,000 $3,250,000 $36,206.00 $227,500.00 5 Sea Haven Community Park (*) QLP 2016 $750,000 $400,000 $1,056.00 $40,000.00 6 Preston Park Upgrade QLP 2113 $1,500,000 $90,000.00
7 Sports Center Rehabilitation QLF2004 $185,000 $3,500,000 $221,100.00 8 City of Marina Entry sign and Landscaping EDP1809 $250,000 $25,000.00 9 Pool Rehabilitation QLF 1902 $7,045,000 $40,000.00
10 City Council Chambers ADA and Media
Broadcast Improvements QLF 2002 $425,000 $60,000 $48,500.00 11 Dunes Park Development QLP 2017 $500,000 $9,400,000 $200,000.00 12 Traffic signal ADA Upgrade HSR2106 $100,000 $10,000.00 13 Glorya Jean Tate Park Improvements QLP2119 $660,000 $66,000.00 14 Locke Paddon Park Maintenance & Pond
Management EDP1809 $350,000 $35,000.00
CIP Program Amount Total $21,177,952 $35,430,000 $1,202,409 $1,098,000 11 No. Project Name Proj Code
(Finance)
Program Amount
FY2019-2021
Program Amount
FY 2021-2023
WG PMS
Approved
Amount

TOTAL PMS

AMENDMENT CIP
FY 2019-2021

TOTAL PMS

AMENDMENT CIP
FY 2021-2023
1 Airport Pavement Maintenance 2003 $275,334 $179,000 $20,246 $14,320 2 Airport Building 533 Improvements 2004 $175,925 $475,000 $12,931 $46,358 5 Airport Building 510 New Roof 2102 $220,243 $7,758 $23,958.68 6 Airport Storm Drain Mitigation 403 $74,701 $5,520 $2,231.29 7 Airport Bldg 507 Improvement 2201 $115,000 $23,000
8 Aiport Bldg 510 Improvements 2202 $75,000 $15,000
9 Airport Bldg 520 Improvement 2203 $65,000 $13,000
10 Airport Airfield Safety Improvements 2205 $100,000 $20,000 11 Airport Bldg 514 Improvement 2301 $25,000 $5,000
12 Airport Bldg 518 Improvement 2302 $30,000 $15,000
13 Airport Bldg 526 Improvement 2303 $30,000 $15,000
14 Airport Landscape Improvement 2304 $80,000 $12,000
Airport CIP Program Amount Total $1,283,701.00 $26,189.97 $164,358.07

CITY OF MARINA AIRPORT CAPITAL IMPROVEMENT PROGRAM
12 March 11, 2022 Item No. 8g(4)

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

CITY COUNCIL TO CONSIDER ADOPTING RESOLUTION NO. 202 2-, APPROVING AMENDMENT NO. 1 TO THE ON-CALL

ARCHITECTURAL SERVICES AGREEMENT BETWEEN THE CITY OF

MARINA AND JEFF KATZ ARCHITECTURE INCREASING THE ANNUAL CONTRACT LIMIT TO $900,000 FOR FISCAL YEAR 2022 -2023, AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE

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

REQUEST:

It is requested that the City Council consider:

1. Adopting Resolution No. 2022-, approving Amendment No. 1 to the On-Call Architectural Services agreement between the City of Marina and Jeff Katz Architecture (JKA) increasing the annual contract limit to $900,000 for fiscal year 2022-2023 (“EXHIBIT A”).

2. Authorizing the City Manager to execute the amendment on behalf of the City subject to final review and approval by the City Attorney.

BACKGROUND:

On July 7, 202 1, the City Council passed Resolution No. 2020 -79, approving a professional services agreement between the City of Marina and Jeff Katz Architecture for Architectural Services for projects in the CIP.

On December 2, 2021, the City entered into an agreement with the Jeff Katz Architecture to provide on-call architecture services associated with various City projects.

On December 14, 2021, the City Council received a presentation on the Sports Cent er including options to include roller sports in the programmed facilities. City Council directed staff to begin design of the Sports Center, Aquatic Center, and an outdoor Sports Pavilion.

The City received a cost proposal for the architectural design, bidding document preparation, and architectural support during construction for the Sports Center Building Rehabilitation Project in the amount of $ 913,500 (“EXHIBIT B”). The JKA proposal also schematic design and design development to a 30% level for the Aquatic Center and outdoor Sports Pavilion.

ANALYSIS:

The annual contract limit for the On-Call Architectural Services between the City of Marina and JKA is $ 300,000 and is not sufficient to issue Service Order s for full scope of the proposed architectural services for the Sports Center Building Rehabilitation Project.

1 The majority of the JKA work will occur during Fiscal Year 2022 -2023. Increasing the annual compensation limit for the on-call architectural services agreement with JKA to $900,000 for the next fiscal year will allow for completion of construction documents and bidding of the Sports Center Building Rehabilitation Project.

JKA has the experience to provide architectural services including bid document preparation and architectural services during construction. They are familiar with the project and have provided design concepts and financial feasibility studies for the Sports Center as well as the Aquatic Center.

Approval of the increase in the contract limit to $900,000 for the next fiscal year is an expeditious and cost -effective way for the City to manage the design of the Sports Center Building Rehabilitation Project.

Approval of this request allows issuance of service orders to JKA for the full scope of architectural design, bidding document preparation, and architectural support during construction for the Sports Center Building Rehabilitation Project as well as schematic design and design development to a 30% level for the Aquatic Center and outdoor Sports Pavilion.

Staff and JKA will return to the City Council with presentation of the schematic design and design development of the Sports Center, Aquatic Center, and Sports Pavilion for input during the overall construction document preparation.

FISCAL IMPACT:

Sufficient funding is allocated within the approved CIP budget to cover the full scope of the proposed architectural services for Sports Center Building Rehabilitation Project.

CONCLUSION:

This request is submitted for City Council discussion and possible action.

Respectfully submitted,

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

Public Works Director/City Engineer
City of Marina

REVIEWED/CONCUR:

Layne P. Long
City Manager
City of Marina

2 RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA APPROVING AMENDMENT NO. 1 TO THE ON-CALL ARCHITECTURAL SERVICES AGREEMENT

BETWEEN THE CITY OF MARINA AND JEFF KATZ ARCHITECTURE INCREASING THE ANNUAL CONTRACT LIMIT TO $900,000 FOR FISCAL YEAR 2022-2023; AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AMENDMENT ON BEHALF

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

WHEREAS, on November 16, 20 21, the City Council adopted Resolution No. 2021 -119, approving the final 2021 -22 & 2022-23 Budget. Included in the Capital Improvement Program (CIP) portion of the budget was an allocation of $3,500,000 in blight escrow bond funding to redevelop the sports center building on the former Fort Ord; and

WHEREAS, on July 7, 2021, the City Council passed Resolution No. 2020 -79, approving a professional services agreement between the City of Marina and Jeff Katz Architecture for Architectural Services for projects in the CIP; and

WHEREAS, on December 14, 2021, the City Council received a presentation on the Sports Center including options to include roller sports in the programmed facilities. City Council directed staff to begin design of the Sports Center, Aquatic Center, and an outdoor Sports Pavilion; and

WHEREAS, on December 2, 2021, the City entered into an agreement with the Jeff Katz Architecture to provide on-call architecture services associated with various City projects.

WHEREAS, the City received a cost proposal for the architectural design, bidding document preparation, and architectural support during construction for the Sports Center Building Rehabilitation Project in the amount of $913,500 (“Exhibit B”). The JKA proposal also schematic design and design development to a 30% level for the Aquatic Center and outdoor Sports Pavilion; and

WHEREAS, the annual contract limit for the On -Call Architectural Services between the City of Marina and JKA is $300,000 and is not sufficient to issue Service Orders for full scope of the proposed architectural services for the Sports Center Building Rehabilitation Project; and

WHEREAS, increasing the annual compensation limit for the on -call architectural services agreement with JKA to $900,000 for the next fiscal year will allow for completion of construction documents and bidding of the Sports Center Building Rehabilitation Project; and

NOW, THEREFORE, BE IT RESOLVED that the Council of the City of Marina does hereby adopt Resolution No. 2022- for the following actions:

1. Approving Amendment No. 1 to the On-Call Architectural Services agreement between the City of Marina and Jeff Katz Architecture (JKA) increasing the annual contract limit to $900,000 for fiscal year 2022-2023 (“Exhibit A”); and

2. Authorizing the City Manager to execute the amendment on behalf of the City subject to final review and approval by the City Attorney.

3 Resolution No. 2022-
Page Two

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

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

Bruce C. Delgado, Mayor

ATTEST:

Anita Sharp, Deputy City Clerk

4 AMENDMENT No. 1 TO AGREEMENT

BETWEEN CITY OF MARINA

AND JEFF KATZ ARCHITECTURE FOR

ON-CALL ARCHITECTURE SERVICES
THIS AMENDMENT No. 1 (“Amendment No. 1”) to the Agreement for On-Call Architecture Services pertaining to various City projects and to provide on-call support services for the City on an as-needed basis as determi ned by the City En gineer is made this _______________________ 2022, by and between th e City of Marina , a California charter city (“CITY”) and Jeff Katz Architecture, a California Corporation (“CONTRACTOR”). CITY and CONTRACTOR are sometimes referred to herein collectively as the “Parties.” Recitals
A. On December 2, 2021, CITY and CONTRACTOR entered into the Agreement for On- Call Architecture Services (the “Agreement”) for services to provide architectural services pertaining to various City projects and to provide on-call support services for the City on an as -needed basis as determi ned b y the Ci ty En gineer. The term of the Agreement ends on June 30, 2024 and compensation to the Contractor under the Agreement was limited to $300,000 per fiscal year.

C. Only the number ed Articles of the Agreement which a re being amended are set forth in this First Amendment.

Terms & Conditions Amended
Now, therefore, the Parties agree to amend the Agreement as follows:

Article 3 “Compensation” Section (a) is deleted and replaced to read in its entirety:
“City liability for compensation to Contractor under this Ag reement, as amended, shall only be to the extent of t he present appropriation to fund this Agreement. For services to be provided under this Agreement City shall compensate Contractor in accordance with the pr ovisions of this Section and the hourly rate(s ) and reimbursable schedule(s ) a ttached hereto as Exh ibit B and incorporated herein by this reference. Th e total annual compensation under this Agreement as amended shall be limited to: (1) Three Hundred Thousand ($300,000) for the period December 2, 2021 to June 30, 2022; (2) Nine Hundred Thousa nd Dollars ($900,000) for the period July 1, 2022 to June 30 , 202 3; ( 3) On July 1, 2023 and continuing for the remaining term of th is Agreement the total amount of compensation under this Agreement as amended shall be limited to Three Hundred Thousand Dollars ($300,000) per fiscal year. All fiscal years commence on July 1 and end on June 30 and compensation during any portion of a fiscal year shall be pro- rated. For purposes of calculat ing and pro -rating compensation due each fiscal year shall be considered to have 365 days.”

EXHIBIT A
5 All other terms and conditions of the Agreement as amended shall remain in full force and effect.

This Amendment No. 1 may be executed in two (2) counterparts, each of which shall be deemed a n original, but both of w hich together s hall const itute o ne and the same instrument .

Counterpart may be delivered by facsimile, electronic mail ( including pdf. or any electronic signature compl ying w ith th e U.S.ESIGN Act of 2000, California ’s Uniform Elec tronic Transactions Act (Cal. Civil Code 1633.1 et seq.) or other applicable law) or other transmission method and any counterpart so delivered sha ll be deemed to have been validly delivered and be valid and effective for all purposes. This Amendment No. 1 consists of two (2) pages.

IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 to the Agreement for CONTRACTOR to provide on-call architecture services pertaining to various City projects and development and to prov ide support services for the C ITY on an as-needed basis as determined by the City Engineer on the date(s) and year written below.

CITY OF MARINA Jeff Katz Architecture, a California
Corporation

By: _________________________ By: _________________________ Layne Long Name:

City Manager Its:

Date: _________________ 2022 Date: _________________ 2022

(Attestation & Approval follow)

ATTEST: (Reso. 2022-____)

By: _________________________
Deputy City Clerk

APPROVED AS TO FORM:

By: _________________________
For the City Attorney

6 March 08, 2022
Layne Long
City Manager
City of Marina
211 Hillcrest Avenue
Marina, CA 93933
RE: Architectural Services – Marina Aquatic and Sports Center Design Phase – REVISED Dear Layne,
Thank you for the op portunity to provide this proposal for Design and Engineering Consulting services to further develop the previous conceptual designs for the existing Aquatic and Sports Center facilities as well as the addition of a Sports Pavilion . This proposal is based on the following services: Architectural, Landscape Architecture, Structural, Civil, Aquatic , Mechanical and Electrical Engineering services as well as updated financial analysis and programming input from ISG.

We are excited to continue working with the City of Marina on this project utilizing the previous programming, feasibility and master planning for the rehabilitation of the existing Aquatic and Sports Center buildings, as well as an ancillary sports pavilion, on the site of the former Fort Ord. We estimate the overall construction cost for all project phases to be about $19 million. However, per our discussions we will design the overall project (including all three facilities) to a 30% level to establish phasing and budgeting for the project to be completed in three separate phases, if desired.

Based on our di scussions we have proposed the following scope of work. However, if there are scope items that are not included, or that are not necessary, we would be happy to re-assess the scope and fee as needed.
• Schematic Design for the Sports Center, Sports Pavilion and Aquatic Center – this includes site verification, review of record drawings, review of proposed program/design, and basis of design for each discipline for each facility. Civil will take a broader look at the overall site and assist in site design options and site utility planning. Coordination with the City will be required to define limits of public way improvements and any traffic impacts. JKA and ISG will work with the City to facilitate community engagement and verification of the program during this phase and a schematic level estimate will be completed reflecting three separate project phases for the project. This effort is done concurrently for all three facilities and is intended as one deliverable/set of documents. • Design Development for the Sports Center, Sports Pavilion and Aquatic Center – based on the approved program this phase will provide further design development for each facility and the immediate site area including required parking, path of travel, and site circulation. This phase will take the design and coordination for both the building(s) and the site to about a 30% level. This will allow us to propose informed phasing options for the 3 main building components and establish limits of work for each based on phasing, site utilities and site

EXHIBIT B
7 Marina Aquatic & Sports Center
March 08, 2022

Page 2 ends

improvements. This effort is done concurrently for all three facilities and is intended as one deliverable/set of documents.

• Construction Documents for the Sports Center – For this proposal we have included Construction Documents for the Sports Center only as a part of the proposed fixed fee services. We have provided estimated fees for Construction Documents for both the Aquatic Center and Sports Pavilion for budgeting purposes. However, it is anticipated that these estimated fees will need to be adjusted based on the final phasing and limits of work established as a part of the Design Development phase.

• Construction Administration follows the same approach as the Construction Documents phase above.

We anticipate working with you to de velop a detailed project schedule and a list of milestones and client meetings , as well as community meetings, that facilitate consensus while keeping the project on the intended schedule. Throughout the project we will update the operations and financial analysis for all facilities . We will also provide coordination with the surrounding park master plan and assessment of impacts to our project including site circulation, parking, signage, storm water and utilities.

The following sections further outline our intended scope of services for each phas e of the project:

SCHEMATIC DESIGN PHASE (Sports Center, Aquatic Center, Sports Pavilion)

1. Meet with Project Team to discuss any adjustments to the established budget and program as well as potential phasing, schedule and design issues.

2. Develop Community Engagement approach and schedule.

3. Develop existing site and building plans based on field investigation and review of any as-builts.

4. Confirm Aquatic Program, Capacities, and Mechan ical Program for the Aquatic Center.

5. Determine overall utility load requirements for the proje ct to ensure adequate capacity for the facilities at the existing point of connection.

6. Determine impacts to Site Utilities including lighting, audio, electrical, gas, sewer and water.

7. Prepare updated program for each facility based on initial project finding, base plans and modified per discussions with the project team and community engagement.

8. Develop aquatic and building design alternativ es as necessary and review with the City

9. Create updated base drawings and reconcile with current design (Sports Center, Aquatic Center, Sports Pavilion)

10. Prepare initial Site Planning including preliminary storm water hydrology , fire access, grading, utilities and phasing analysis.
8 Marina Aquatic & Sports Center
March 08, 2022

Page 3 ends

11. Prepare Schematic Site Plan, Floor Plan(s), and initial design model for review.

12. Present to Project Team for schematic design review and approval to proceed with current program and scope extents . At this stage any adjustme nts to the scope/program should be identified.

13. Refine Schematic Plans to reflect overall scope requirements. These plans will be schematic in nature and are intended only to provide information with regard to overall extent of the project.

14. Prepare basis of design for additional design elements, aquatics, building systems, site lighting, site structures, planting and irrigation, hardscape, and miscellaneous items with imagery where necessary to communicate design approach.

15. Prepare interior and exterior renderings of proposed design and provide an initial walk-thru of the 3D model for design review.

16. Prepare Opinion of Probably Co st and m eet with the Project Team to discuss budget, program and design issues.

17. During this phase ISG will build on, update, and enhance its prior work on both the Aquatic Center and the Sports C enter. This analysis will consider the potential phasing of the Aquatic Center and Sports Center options, developing independent financial and operational analysis for each facility as well as an integrated analysis of the combined facility. This analysis will also include the analysis of the programming, operational, and financial impact of two new elements: the Sports Pavili on (multi-sport rink configuration) and a support service building connecting the Aquatic Center and the Sports Center.

18. JKA and ISG will also work with the city to facilitate public and community engagement with stakeholders, users, and community organiz ations as well as updated market research.

19. This phase is anticipated to be 6 week s long and include two in-person and two digital meetings.

20. After obtaining approval o f Schematic Design, we will proceed into Design Development.

21. This phase also includes Project Ini tiation services including Topographic Survey, Records Review & Base Map Prep. These fees have been identified separately.

DESIGN DEVELOPMENT PHASE (Sports Center, Aquatic Center, Sports Pavilion)

1. Refine design of each facility (Sports Center, Aquatic Center, Sports P avilion) to approximately 30% design completion, including indication o f the establish phasing approach inc luding Site Plan s, Architectural Plans, and Engineer ing Plans.

2. Meet with the Building Department and any applicable utility companies or other points of coordination as necessary to establish expectations for the project and understand timelines for incorporation into the project schedule(s).

3. Updated phasing analysis including delineation of the recommended scope and limits of work for each phase.

4. Prepare preliminary material and equipment selections for review. 9 Marina Aquatic & Sports Center
March 08, 2022

Page 4 ends

5. Prepare updated design renderings and project walk thru.

6. Develop Landscape Planting and Irrigation design.

7. Develop low voltage basis of design with City input as required.

8. Develop and r efine plans as needed for each discipline including site plan (s), grading plan(s), utility plan (s), electrical/lighting plan(s), landscape plan (s), mechanical plan (s), structural plan (s) and architectural plans to describe design intent for each of the project elements and systems.

9. Aquatics plans for pool and water features, slide, piping and equipment including Pool Wall Profile, Shapes/Depths, and develop updated Water Activities and Features including the refinement of Mechanical Equipment, Development of Mechanical Equipment Layout and Utility Requirements for new design

10. Prepare preliminary Interior Elevations, Buildin g Sections, Reflected Ceiling Plan and Roof Plan.

11. Preliminary Water, Sewer and Drainage Study.

12. Preliminary Stormwater Control Plan in accordance with City requirements.

13. Prepare prelim inary grading , structural , mechanical and electrical engineered plans for the new design

14. Develop project estimate including proposed phasing.

15. Provide submittal and presentation to Project Team for design review and approval to proceed with current design direction. At this stage any adjustments to the design and phasing should be identified.

16. This phase is anticipated to be 12 weeks long and include one in-person and two digital meetings.

17. After obtaining approval of Design Development, we will proceed into Construction Documents for the Sports Center.

18. During Design Development I SG will continue to work with the JKA Team to update the program, management, and financial models and analysis based on final design elements. The Services in the Design Development an d Construction Phases will also include an analysis of any cost cutting or value engineering based on impact on program, participation, management, and financial operations.

CONSTRUCTION DOCUMENTS PHASE (Sports Center Only)

1. Prepare drawings and specifications suitable for permitting and bidding of the Sports Center improveme nts to clearly delineate the Contractor's sco pe of work, including required architectural , civil, structural, mechanical, land scape and electrical design (including low voltage).

2. Submittals will be made to the City at 60% CDs, 90% CDs, 100% CDs and will include plans and specifications. A final FOR CONSTRUCTION document set will be distributed for construction once permitting is comple te. It is assumed that the City will provide all required General and Supplementary Conditions and Bidding Information.
10 Marina Aquatic & Sports Center
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3. Submit plans to City Building Department for Building permit plan check and perform all req uired revisions to construction documents based on Building Department's plan check comments (Note: plan che ck and permit fees are not included).

4. Prepare final Signage, Fixtures, Furnishings and Equipment plans for the Sports Center.

5. Prepare updated cost opinion at each milestone.

6. Provide drawings and specifications (in electronic format) for bid package. For this proposal it is assumed that the City will advertise, assemble and distribute bid packages to General Contractors.

7. Interpret and clarify contract documents for bidders and assist in issuing addenda as required.

8. Attend a Pre-Bid walkthrough at the site with all interested contractors.

9. Participate in bid revi ew of contractor's detailed cost breakdown and assist the City in evaluation of the bids.

10. This phase is anticipated to be 12 weeks long and include one in-person and three digital meetings.

CONSTRUCTION ADMINISTRATION PHASE (Sports Center Only)

1. Develop RFI responses as required to support Owner requests and to coordinate Contractor questions in the field

2. Coordinate all RFI review by provided consultants

3. Set Up and Manage an RFI log to enable all stakeholders to verify status

4. Consultant shall provide ASI’s as required to reflect changes in scope or modifications made necessary due to changed field conditions based on the direction of the Owner

5. Where required, the ASI’s shall include all drawings and specifications required to obtain the cons truction permits and approvals of the governmental authorities having jurisdiction over the Project.

6. Review Submittals as required by Contract Documents and c oordinate all submittal review by provided consultants

7. Set Up and Manage a submittal review document to enable a ll stakeholders to verify status of submittals

8. Construction Phase Services to be provide d by Architect only . JKA will coordinate with Owners Rep (Wallace Group) as required. If additional consultant support is needed during construction, it will be provided as an additional service on an hourly basis. Coordinate Work of provided Consultants

9. Provide bi-weekly on-site project support through the course of construction and as requested by the Owner

10. This phase is anticipated to be 32 weeks long and include sixteen on site meetings and sixteen digital meetings.
11 Marina Aquatic & Sports Center
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ASSUMPTIONS & ADDITIONAL SERVICES
The following items are not included in the Proposed Services but can be provided as additional services only after written authorization is received. Unless a subsequent fixed fee proposal is provided, the work will be done on an hourly basis according to the terms established under our as-needed contract with the City.

Additional Services not included in our proposed scope of work include:

1. Title search and easement identification.

2. Additional design or drawings for tree relocation , temporary irrigation, drainage or detention systems beyond the project boundary.

3. Additional design or drawings for offsite water, sewer or storm drain systems outside the project area.

4. Design o f fire access, fire acc ess design or agency processing bey ond our immediate site area.

5. Site signage design including overall park signage/wayfinding.

6. Assessment of Management and/or Partnership Op tions, Funding and Sponsorship Opportunities, Economic Impac t Analysis or any ISG services during construction or startup.

7. Boundary Survey/Mapping, Topographic Survey, Traffic Analysis, Signal Design and/or Median Improvements.

8. Off-site Improvements, Work/Design in Public-Right-of-Way

9. Recycled Water Design, Plans, and DEH permitting.

10. Fence, Gate, Perimeter, and/or Retaining Wall Design.

11. Fire Protection Design and Engineering , Flow Test , Fire Sprinkler Design, Sprinkler Demand Calculations (anticipated as a deferred submittal).

12. Environmental Studies and Reports.

13. Geotechnical Engineering and Reports, Infiltration Testing.

14. Evaluation report providing recommendations for pavements, structures, earthworks, utilities, storm water infiltration, etc.

15. Additional Park improvements including playgrounds, sports fields, or site lighting.

16. HVAC studies and Life Cycle Cost Analysis.

17. Noise Studies and/or Acoustical studies and analysis.

18. Revisions to Contract Documents resulting from Owner requested changes to documents previously approved by t he Owner, or due to code or zoning changes made subsequent to Owner approval.

19. Preparing separate construction document pac kages for discretionary permits , alternate bid items or project phasing beyond that described in this proposal. 12 Marina Aquatic & Sports Center
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Page 7 ends

20. Attendance of any publ ic hearings and/or additional meetings other t han detailed in this proposal.

21. Services required because of significant changes in the project (not due to the design team's acts or omissions) including, but not limited to, size, quality, complexity, schedule , or the method for bidding and con tracting for construction.

22. Processing change requests for Owner requested changes, and for unforeseen site conditions, after bid, including revisions to Contract Documents, processing approval of revisions through the Bui lding Department, and Change Order negotiation.

23. Providing services in conjunction with implementing substitutions proposed by the Contractor and making subsequent revisions to Contract Documents resulting from such.

24. Providing services made necessary by the default of the Contractor, by maj or deficiencies in the work of the Cont ractor, or by failure of performance of either the Owner or the Contractor under the Contract for Construction.

25. Providing services in conjunction with arbitration proceedings or legal proceedings, except where the Architect is a party to such proceedings.

26. Providing "Special Inspection" services required by law or the Contract Documents.

27. Preparation of documentation to process the project through the US Green Building Council as a LEED project.

28. Design of photo-voltaic electrical generation systems.

29. Plan check and permit fees are not included and are to be paid by the City.

30. Anticipated Reimbursable Expense s for travel, delivery, printing and reproduction costs have been included in the pr oposed fixed fee . If additional expenses are accrued they will be billed at a rate of 1.15 times the expense.

We propose to provide the stated basic services on an hourly time and materials basis for a fixed not to exceed a fee of Nine Hundred Thirteen Thousand Five Hundred Dollars ($913,500.00). Invoices will be subm itted monthly for the hours of work accrued during the month on any particular phase.

The breakdown for the proposed services is as follows:

Schematic Design Phase $ 154,200.00
Supplemental Survey if Deemed Necessary $ 7,900.00 Design Development Phase $ 362,000.00
Construction Documents Phase $ 293,400.00
Construction Administration Phase $ 84,500.00
Included Reimbursables $ 11,500.00
Total $ 913,500.00

All travel and reimbursable costs have been anticipated/included in this proposal and any additional terms are consistent with our as-needed contract. 13 Marina Aquatic & Sports Center
March 08, 2022

Page 8 ends

For reference and budgeting purposes we have estimated design & engineering fees for the following additional design phases . These services ca n be further assessed and refined into a fixed fee proposal if requested at any time throughout the project.

Construction Documents – Aquatic Center $ 365,000.00
Construction Documents – Sports Pavilion $ 225,000.00 Construction Administration – Aquatic Center $ 215,000.00 Construction Administration – Sports Pavilion $ 96,000.00 Total $ 901,000.00

We appreciate the opportunity to present this proposal and we are excited about the opportunity to continue to work with you on this project. If you have any questions regarding this proposal, please do not hesitate to contact me at (619) 698 -9177.

Respectfully,

Matt Kingdon
Principal
14 March 9, 2022 Item No. 11a

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

CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 202 2-,

APPROVING ADVERTISING AND CALL FOR BIDS FOR THE CITY

PARK BARRACKS AND CYPR ESS KNOLLS BUILDINGS BL IGHT
REMOVAL 2022 PROJECT.

RECOMMENDATION:

It is requested that the City Counc il consider adopting Resolution 202 2- approving advertising and call for bids for the execution of the City Park Barracks and Cypress Knolls Buildings Blight Removal 2022 Project.

BACKGROUND:

The closure of Fort Ord resulted in land being deeded to the City of Marina in an “as-is” condition. The land contains numerous buildings that served the former fort which have deteriorated since 1994 and need to be removed as part of the land redevelopment.

Some of the buildings are on property that the City will retain and must be removed or renovated for adaptive reuse. These include 62 -65 barracks buildings and 260 duplex housing units on what was planned to be the Cypress Knolls development.

Although the Fort Ord Reuse Authority (FORA) sunsetted on June 30, 2020, FOR A secured bond funding for blight removal prior to closure. Included in the bond funding are FORA bond trust funds allocated to the City amounting to $8,561,968 and escrow bonds that are projected to generate $6.5M in blight removal funding through 2025.

On November 16, 2021, the City Council adopted Resolution No. 2021-119, approving the final 2021-22 & 2022-23 Budget. Included in the Capital Improvement Program (CIP) portion of the budget was an allocation of $4,100,000 in blight bond funding to remove the barracks buildings on the site of the future Dunes Park and $1,600,000 in blight bond funding to remove 31 housing duplexes along 3 rd Avenue and Rendova Avenue on the site of the future Cypress Knolls Development.

On September 15,2020, October 27, 2020, and January 20,2021, the Marina City Council adopted Resolution No. 2020 -127, 2020-140 and 2021 -11, res pectively, receiving st aff presentation on blight removal and blight removal projects and provid ing direction to staff on priorities for blight removal.

On April 7, 2020, the City Council passed Resolution No. 2020 -30, approving a professi onal services agreement between the City of Marina and Wallace Group (WG) for Program Management, On -call Design and O n-call Construction Management, and Construction Inspection services for projects in the Capital Improvement Program (CIP) and Airport Cap ital Improvement Programs (ACIP).

On May 4, 2021, the City Council passed Resolution No. 2021-42 approving amendment No. 1 to the Program Management Services between the City of Marina and Wallace Group , to add to the scope of work the program ma nagement services for the hazardous material abatement and blighted building removal of Phase 1: 47 barracks buildings located at the Dunes City Park and 31 duplex buildings located in Cypress Knoll , and future Phase 2: six barracks buildings on CDEC Hill at Eleventh Street and future Phase 3: 13 barracks located on Dunes Park South. 1 ANALYSIS:

Wallace Group was directed by staff to prepare bidding documents (plans, specifications, and estimates) for the phase 1 of the blight removal project. The goal for thi s project is for the abatement, proper removal, and dispo sal of 4 5 barracks and miscellaneous debris , including debris from two burnt buildings at the proposed City Park located along Second Avenue and 8th Street and 30 duplex buildings and miscellaneous d ebris including debris from one burnt building, at the Cypress Knoll area along Rendova Avenue and Third Avenue for future park and or residential development. Site plans are shown in EXHIBITS A AND B.

The work in general is not li mited to; installation and maintenance of BMPs f rom Storm Water Pollution Preven tion Plan, abatement and proper removal and disposal of all hazardous materials on the sites described in the Pre-demolition Hazardous Material Inspection Reports, tree removal and trimming as shown on the plans and further described on the S pecifications and Arborist Report, protection of Monterey gilia, nesting birds and bats, demolition and proper disposal of buildings, roadways, walkways and retaining walls, rough grading and site restoration. Above mention reports are available for review at the offic e of the City Public Works.

On March 1 0, 2022 the City of Marina Planning Commission held an open public hearing and adopted the draft Resolution No. 2022-xx, EXHIBIT C, approving the removal of 32 trees at the proposed City Park at the Dunes location and five trees at the Cypress Knolls location in order to remove the blighted buildings and all healthy tre es to be replaced at 2:1 ra tio. The Planning Commission added the following conditions of approval wh ich will be incorporated in the final resolution on record:

1. Pictures of all trees to be retained and removed will be kept by the project arborist and made available on the City website.

2. The project arborist shall monitor the landscaping plan based on the current drought conditions in California.

3. Site 1 (Dunes): Sixty-four (64) replacement trees of comparable size and species shall be incorporated into the City Park landscaping plan when it is prepared, based on the conceptual design plans approved by the City Council.

4. Site 2 (Cypress Knolls): Ten (10) replacement trees shall be required as part of the Development Agreement for Cypress Knolls of comparable size and species.

Replacement of Cypress Knolls trees shall be delayed until the development of the project is given final direction by the City Council.

Bidding documents includes provisions for tree protections and tree trimming per the Planning Commission conditions of app roval. Tree replacement will be deferred and incorporated in the development of the Dunes Park and Cypress Knolls. Protective fencing will be installed around the Monterey Gilia, fencing placement will be supervised by the biologist before start of work. A biological survey for nesting bir ds and bats will be conducted 30 days before start of work.

Provisions to adjust work to m itigate nesting bird s and bats are incorporat ed on the bidding documents. Denise Duffy &Associates is retained for arborist and biological survey and inspection during execution of the blight abatement and removal.

FISCAL IMPACT:

This action, approvin g advert ising and call for bids does not have fiscal impact. Capital Improvement Project funding, HSF2101 for Barracks Blight Removal with a funding amount of $4,100,000.00 and HSF 2103 for the Cypress Knolls Building R emoval (Partial) with a funding amount of $1,600,000.00 for a total project funding of $5,700,000.00.

The Engineer ’s Opinion of Probable Construction Cost for this project is $ 4,750,000.00. If an award is made for this project funding will come from CIP HSF2101 and HSF2103. 2 CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
The City of Marina Planning Division determined that this action, approving advertising and call for bids for the City Park Barracks and Cypress Knolls Buildings Blight Removal 2022 Project is Categorically Exempt under CEQA Guidelines per Article 19, Section 15304, minor alteration to land.

CONCLUSION:

This request is submitted for City Council consideration and possible action.

Respectfully submitted,

Elvie Morla-Camacho, P.E., QSD/P
Project Management Services
Wallace Group
REVIEWED/CONCUR:

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

Public Works Director/City Engineer
City of Marina

Layne P. Long
City Manager
City of Marina

3 RESOLUTION NO. 2022-

A RESOLUTION O F THE CITY COUNCIL OF THE CITY OF MARINA

APPROVING ADVERTISING AND CALL FOR BIDS FOR THE CITY PARK BARRACKS AND CYPRESS KNOLLS BUILDINGS BLIGHT REMOVAL 2022 PROJECT.

WHEREAS, the closure of Fort Ord resulted in land being deeded to the City of Marina in an “as-is” condition. The land contains nume rous buildings that served the former fort wh ich have deteriorated since 1994 and need to be removed as part of the land redevelopment.

Some of the buildings are on property that the City will retain and must be removed or renovated for adaptive reuse. The se include 62 -65 barracks buildings and 260 d uplex housing units on what was planned to be the Cypress Knolls development; and

WHEREAS, the Fort Ord Reuse Authority (FORA) sunsetted on June 30, 2020, FOR A secured bond funding for blight removal prior to c losure. Included in the bond funding are FORA bond trust funds allocated to the City amounting to $8,561,968 and escrow bonds that are projected to generate $6.5M in blight removal funding through 2025; and

WHEREAS, on September 15,2020, October 27, 2020, and January 20,2021, the City Council of the City of Marina adopted Resolution No. 2020 -127,2020-140 and 2021 -11, respectively, receiving st aff presentation on blight removal and blight removal projects and provid ing direction to staff on priorities for blight removal; and

WHEREAS, On May 4, 2021, the City Council passed Resolution No. 202 1-42 approving amendment No. 1 to the Program Management Services between the City of Marina and Wallace Group , to add to the scope of work the program ma nagement services for the hazardous material abatement and bl ighted building removal of P hase 1: 47 b arracks buildings located at the Dunes City Park and 31 duplex buildings located in Cypress Knoll , and future Phase 2: six barracks buildings on CDEC Hill at Eleventh Street and future Phase 3: 13 barracks located on Dunes Park South; and

WHEREAS, Wallace Group was directed by staff to prepare bidding documents (plans, specifications, and estimates) for phase 1 of the blight removal project. The goal for this project is for the abatement, proper removal, and disposal of 45 barracks and miscellaneous debris , including debris from two burnt buildings at the proposed City Park located along Second Avenue and 8th Street and 30 duplex buildings and miscellaneous debris including debris from one burnt building, at the Cypress Knoll area along Rendova Avenue and Third Avenue for future park and or residential development. Site plans are shown in Exhibits A and B; and

WHEREAS, the work in general is not li mited to; installation and maintenance of BMPs f rom Storm Water Pollution Prevention Plan, abatement and proper removal and disposal of all hazardous materials on the sites described in the Pre-demolition Hazardous Material Inspection Reports, tree removal and trimming as show n on the plan s and further described on the Specifications and Arborist Report, protection of Monterey g ilia, nesting birds and bats, demolition and proper disposal of buildings, roadways, walkways and retaining walls, rough grading and site restoration. Above mention reports are available for review at the office of the City Public Works; and

4 Resolution No. 2022-
Page Two

WHEREAS, on March 1 0, 2022 the City of Marina Planning Commission had an open public hearing and adopted Resolution No. 2022-xx, Exhibit C, approving the removal of 32 trees at the proposed City Park at the Dunes location and five trees at the Cypress Knolls location in order to remove the blighted buildings and all healthy tre es to be replaced at 2:1 ra tio. The Planning Commission added the foll owing conditions of ap proval which will be incorporated in the final resolution on record:

1. Pictures of all trees to be retained and removed will be kept by the project arborist and made available on the City website.

2. The project arborist shall monitor the landscaping plan based on the current drought conditions in California.

4. Site 2 (Cypress Knolls): Ten (10) replacement trees shall be required as part of the Development Agreement for Cypress Knolls of comparable size and species.

Replacement of Cypress Knolls trees shall be delayed until the development of the project is given final direction by the City Council; and

WHEREAS, bidding documents includes provisions for tree protections and tree trimming per the Planning Commission conditions of app roval. Tree replacement will be deferred and incorporated in the development of the Dunes Park and Cypress Knolls . Protective fencing will be installed around the Monterey Gilia, fencing placement will be supervised by th e biologist before start of work . A biological survey for nesting birds and bats will be conducted 30 days before start of work. Provisions to adjust work to mitigate nesting birds and bats are incorporated on the bidding documents. Denise Duffy &Associates is retained for the ar borist and biological survey and inspection during execution of the blight abatement and removal; and

WHEREAS, this action, approving advertising and call for bids does not have fiscal impact.

Capital Improvement Project funding, HSF2101 for Barracks Blight Removal with a funding amount of $4,100,000.00 and HSF2103 for the Cypress Knolls Building Removal (Partial) with a funding amount of $1,600,000.00 for a total project funding of $5,700,000.00. If an award is made for this project funding will come from CIP HSF2101 and HSF2103; and

WHEREAS, the Ci ty of Marina P lanning Division determined that this action, ap proving advertising and call for bids for the City Park Barracks and C ypress Knolls Building s Blight Removal 2022 Project is Categorically Exempt under CEQA Guidelines per Article 19, Se ction 15304, minor alteration to land; and

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

1. Approve the advertisement and call for bids for the execution of the City Park Barracks and Cypress Knolls Buildings Blight Removal 2022 Project.

5 Resolution No. 2022-
Page Three

PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Marina, duly held on the 15th day of March 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

6 C I T Y O F M A R I N A

CONSTRUCTION MANAGEMENT
612 CLARION COURT
T 805 544-4011 F 805 544-4294
SAN LUIS OBISPO, CA 93401
www.wallacegroup.us

MECHANICAL ENGINEERING

LANDSCAPE ARCHITECTURE

SURVEYING / GIS SOLUTIONS

WATER RESOURCES

PUBLIC WORKS ADMINISTRATION

PLANNING

CIVIL AND TRANSPORTATION ENGINEERING
®
Elvira Nodora Morla-Camacho

C I V I L
No. 60577
AL
AT T
S
OFE C
A
O NRFI
I

REGISTERED PROFESSIONAL ENGINEER

EXHIBIT A
7 C I T Y O F M A R I N A

CONSTRUCTION MANAGEMENT
612 CLARION COURT
T 805 544-4011 F 805 544-4294
SAN LUIS OBISPO, CA 93401
www.wallacegroup.us

MECHANICAL ENGINEERING

LANDSCAPE ARCHITECTURE

SURVEYING / GIS SOLUTIONS

WATER RESOURCES

PUBLIC WORKS ADMINISTRATION

PLANNING

CIVIL AND TRANSPORTATION ENGINEERING
®
Elvira Nodora Morla-Camacho

C I V I L
No. 60577
AL
AT T
S
OFE C
A
O NRFI
I

REGISTERED PROFESSIONAL ENGINEER

EXHIBIT B
8 1
It em No. 7b
Ch
air and Members Planning Commission Meeting
Of the Marina Planning Commission of March 10, 2022
RE

COMMENDATION TO OPEN A PUBLIC HEARING, TAKE ANY

TESTIMONY FROM THE PUBLIC, AND CONSIDER ADOPTING A

RESOLUTION RECOMMENDING THAT THE COMMUNITY DEVELOPMENT
DIRECTOR APPROVE THE REMOVAL OF 34 TREES AT THE PROPOSED CITY PARK AT THE DUNES LOCATION AND 5 TREES AT THE CYPRESS KNOLLS LOCATION IN ORDER TO REMOVE BLIGHTED BUILDINGS. ALL HEALTHY TREES TO BE REPLACED AT 2:1 RATIO. EXEMPT FROM CEQA PER ARTICLE 19, SECTION 15304 (MINOR ALTERATIONS TO LAND).

RECOMMENDATION:

1. Open a public hearing and take any testimony from the public, and;

2. Adopt
a resolution of the Planning Commission of the City of Marina recommending that the Community Development Director approve the removal of thirty-two (32) trees to removed at the City Park at th e Dunes (APN : 031- 221-008) and five (5) trees to be removed at the Cypress Knolls location (APN:
031-201-005).

GENERAL SITE INFORMATION:

Project Site 1 Project Site 2
Location: City Park at the Dunes
APN 031-221-008
Cypress Knolls
APN 031-201-005
General Plan: Mixed Use Multi-Family Residential
Zoning:

UV-SP (University Villages /
Specific Plan)
R4 (Multi Family Residential
District)
Site Area /
Dimensions: 15.02 acres 154.56 acres
Owner /
Applicant City of Marina City of Marina
BACKGROUND:

On February 17, 2021 the City Council adopted Resolution No. 2021-11 to authorize blight removal funding and blight removal projects.

Feb
ruary 1, 2022 Elvie Camacho of Wallace Gr oup applied on behalf of the City of Marina’s Public Work s Department for two tree r emoval permits for prope rties owned by the City of Marina.

EXHIBIT C
9 2

On February 2, 2022 Associate Planner Nicholas McIlroy walked both sites with Elvie Camacho and her team to understand the site and the arborist report.

On Feb ruary 9, 2022 Associate Planner Nicholas McIlroy walked the City Park site with Arborist and Project Coordinator Patric Krabacher and noted that the trees scheduled for removal were mostly in a state of decline.

On February 17, 2022 Patric Krabacher, Proj ect Manager for Denise Duffy and Associates Inc. provided a compliance memorandum for the blight removal project (EXHBIT D). Th e memorandum includes mitigation measures for Monterey gilia, nesting birds and s pecial-status bat species that will be included as conditions of approval in the attached resolution and as part of the blight removal that will be heard by the City Council.

The arborist reports submitted to the City on February 17, 2022 ( EXHIBIT B and C) contains the following results, observations, and recommendations:

PROJECT DESCRIPTION:

Tree Removal

Site 1 (City Park):

The February 17, 2022 updated arborist survey flagged 32 trees to be removed at the future City Park within the Dunes site . The r eport notes that the trees are located next to blight buildings so that their roots grow under the foundation or are blocki ng access and will impact the required blight removal activities and therefore the following trees must be removed:

• Seventeen (17) Acacia sp. (Acacia) trees in fair health • Ten (10) Pinus radiata (Monterey Pine) in poor health • Four (4) Hesperocyparis macrocarpa (Monterey Cypress) in poor health • One (1) Eucalyptus sp. (Eucalyptus) in poor health
• One (1) Pinus muricata (Bishop Pine) in fair health
• One (1) Pittosporum undulatum (Australian Cheesewood) in fair health

Site 2 (Cypress Knolls):

The January 27, 2022 survey flagged 5 trees to be removed at the Cypress Knolls site . The report notes that the trees are located next to blight buildings so that their roots grow under the foundation or are blocki ng access and will impact the required blight removal activities and therefore the following trees must be removed:

• Four (4) Acacia sp. (Acacia) trees in fair health
• One (1) Leptospermum laevigatum (Australia Tea Tree) in fair health

10 3
Tree Replacement
The removal of all healthy trees on City of Marina property including thirty-two (32) at the City Park and five (5) trees at Cypress Knolls are required to be replaced at a 2:1 ratio for a total of 78 replacement trees. The arborist recommends the following replacement plan:
• Site 1: Sixty-four (68) replacement trees will be incorporated into the City Park landscaping plan when it is prepared.
• Site 2: Ten (10) replacement trees will be required as part of the Development Agreement for Cypress Knolls.

PROJECT ANALYSIS
The trees proposed for removal are dead or are in poor condition and showing severe signs of decay, disease, and insect infestations as detailed in the arborist report. These trees must be removed due to their location on both project sites in order to remediate the soil and demolish the blighted buildings. Where possible native trees that are in fair and good condition will be limbed or trimmed prior to demolition so that they can be retained. Therefore, the tree removal w ill have as small of an impact on the future urban forest and allow flexibility with how the two sites will be developed with existing mature trees.

The locations of Monterey Gilia surveyed by Dennis Duffy and Associates between 2006 and 2021 show no Monterey Gilia (5 individuals or more) near where the trees will be removed in Cypress Knolls (EXHIBIT D). Mitigation measures 6 through 8 from th e certified EIR have been added to the resolution to mitigate any disturbance of the areas that do have documented Monterey Gilia.

CORRESPONDENCE
Staff received an email from Mike Owen regarding this project (EXHIBIT E).

CONFLICT OF INTEREST
Commission members are subject to all aspects of the Political Reform Act. Commission members must not make, participate in making, or attempt to influence in any manner a governmental decision which he/she knows, or should know, may have a material effect on a financial interest.

Staff is not aware that any Commissioner owns property within 500 feet of either project site.

ENVIRONMENTAL REVIEW:

The City of Marina Planning Division determined the project is exempt from the California Environmental Quality Act (CEQA) Guidelines (Article 19, Section 15304) b ecause the project proposes minor alterations to land.

CONCLUSION:

This request is submitted for Planning Commission consideration and possible action.

Prepared by Associate Planner, Nicholas McIlroy

Exhibits
A- Resolution
B- City Park Arborist Report dated February 17, 2022
11 4
C- Cypress Knolls Arborist Report dated February 17, 2022 D- Compliance Memorandum f or City of Mari na Blight Removal Project 2022- Cypress Knolls
E- Correspondence

12 1

EXHIBIT A

RESOLUTION NO. 2022-XX

MARINA RECOMMEND THE COMMUNITY DEVELOPMENT DIRECTOR
APPROVE THE REMOVAL OF 34 TREES AT THE PROPOSED CITY PARK AT THE DUNES LOCATION AND 5 TREES AT THE CYPRESS KNOLL’S LOCATION FOR BLIGHTED REMOVAL. ALL HEALTHY TREES TO BE
REPLACED AT 2:1 RATIO. EXEMPT FROM CEQA PER ARTICLE 19, SECTION 15304 (MINOR ALTERATIONS TO LAND).

WHEREAS, on February 17, 2021 the City Council adopted Resolution No. 2021- 11 to authorize blight removal funding and blight removal projects; and

WHEREAS, two arborist reports were submitted to the City on February 17, 2022 ( EXHIBIT B and C) that evaluated the health and number of trees to be removed and contains tree replacement recommendations; and

WHEREAS, on February 17, 2022 Patric Krabacher, Project Manager for Denise Duffy and Associates Inc. provided a compliance memorandum for the blight removal project (EXHBIT D).

The memorandum includes mitigation measures for Monterey gilia as incorporated below; and

WHEREAS, the removal of all healthy trees on City of Marina property including thirty-two (32) at the City Park (APN 031-221-008) and five (5) trees at Cypress Knolls (APN 031-201-005) are required to be replaced at a 2:1 ratio for a total of 78 replacement trees. The arborist recommends the following replacement plan:
• City Park: Sixty -four (68) replacement trees will be incorporated into the City Park landscaping plan when it is prepared in the future to be verified by Staff. • Cypress Knolls: Ten (10) replacement trees will be required as part of the Development Agreement for Cypress Knolls to be verified by Staff.

NOW, THEREFORE, BE IT RESOLVED, by the Planning Commission of the City of Marina that it hereby approves RESOLUTION 2022-XX subject to the following required findings and conditions of approval.

Findings

1. The trees proposed for removal are dead or are in poor condition and showing severe signs of decay, disease, and insect infestations as detailed in the arborist report. These trees must be removed due to their location on both sites in order to remediate the soil and demolish the buildings. Where possible native trees that are in fair and good condition will be limbed or trimmed prior to demolition so that they can be retained.

2. The locations of Monterey Gilia surveyed by Dennis Duffy and Associates between 2006 and 2021 (EXHIBIT D) show no Monterey Gilia (5 individuals or more) where the t rees will be removed in Cypress Knolls (Project Site 2).
13 2
Conditions of Approval

1. That replacement trees shall be allowed to develop their natural form and shall not be trimmed as a topiary or other unnatural form. All tree trimming shall conform to trimming standards.

2. Tree Removal and Protection Plan. Tree removal information shall be provided on the demolition and grading permit prior to issuance. All tree protection shall be installed and approved by the grading inspector prior to removal or retention of any trees. The tree removal and protection plan shall include:

a. Trees approved for removal and trees to be preserved; b. Tree protection guideline notes to include an objectively observable maintenance and care plan and program to be implemented to ensure the continued health and care of other trees on the property during construction in accordance with tree protection guidelines adopted; c. All trees scheduled for preservation which may be at risk of injury or harm during the removal of trees approved for removal or during grading, trenching or other activities associated with the development or use of a property shall be temporarily fenced in a bright color (typically orange mesh fencing). Temporary fencing shall be installed prior to the beginning of tree removals, grading or demolition; and
d. Applicant to work with Staff to ensure that the arborist is on-site as needed during the fencing and tree removal for both sites.

3. Work should be timed to avoid the breeding and nesting season for raptors and other protected avian species. If work must occur during the avian breeding and nesting season (approximately February 1 through September 15), surveys for nesting birds shall be conducted no more than 15 days prior to project activities in all areas within 300 feet of the project footprint that may provide suitable nesting habitat. If nesting birds are identified during surveys, an appropriate buffer shall be imposed within which no work or disturbance will take place (generally 300 feet in all directions). A qualified biologist shall be on-site during work re-initiation in the vicinity of the nest offset to ensure that the buffer is adequate and that the nest is not stressed and/or abandoned. No work shall proceed in the vicinity of an active nest until such time as all young are fledged, or until after September 16, when young are assumed fledged.

4. Mitigation Measures: the following biological mitigation measures required by the certified EIR shall be implemented during the project:

Monterey gilia Mitigation A-4
• To avoid potential impacts to Monterey gilia until the City-wide Section 2081 ITP is issued, the following mitigation measures shall be implemented prior to the commencement of any ground- disturbing activities within the project site:
o A qualified biologist shall direct the placement of protective fencing surrounding all documented Monterey gilia populations within the project, this may require a survey to be conducted prior to the onset of construction. No construction activities shall be allowed within the protective fencing.
14 3
o Grading, excavating, and other activities that involve substantial soil disturbance shall be planned and carried out in consultation with a qualified hydrologist, engineer, or erosion control specialist, and shall utilize standard erosion control techniques to minimize erosion and sedimentation in the areas containing all documented Monterey gilia populations within the project.
o No construction equipment shall be serviced or fueled within 50 feet of areas containing all documented Monterey gilia populations within the project.
o Irrigation systems shall be designed to minimize runoff or irrigation water into all documented Monterey gilia populations within the project.

Nesting Birds Mitigation A-6:
o To mitigate potentially significant impacts to nesting raptors resulting from removal of trees during nesting season (the nesting season is March 1 to September 15), pre-construction (i.e. no more than 30 days prior to construction) surveys for active nests shall be conducted by a qualified biologist within 250 feet of proposed construction activities; pre- construction surveys are not necessary outside the nesting season. If active nests are found, a suitable construction buffer shall be established by a qualified biologist until the young of the year have fledged. Alternatively, construction activities tha t may affect nesting raptors can be timed to avoid the nesting season.

Special-Status Bat Species Mitigation A-7:
o Prior to construction (e.g., building demolition and tree removal), a qualified biologist shall survey the Project site for the presence of special-status bat species.

If special-status bat species are present, the following measures shall be implemented:

 Removal of buildings that contain the bats shall not occur if maternity bat roosts are present (typically maternity roosts are present between April 15 and August 1; however, this timeframe does not apply to all species).  No building removal shall occur within 30 feet of the maternity roost until all young bats have fledged - as determined by a qualified biologist.  If special-status bats are present but there is not an active maternity roost, the building(s) containing the bats shall not be demolished or removed until the bats have been excluded using exclusionary devices under the supervision of a qualified bat specialist.

PASSED AND ADOPTED by the Planning Commission of the City of Marina at a regular meeting duly held on the 10
th day of March 2022, by the following vote:

AYES, MEMBERS:
15 4
NOES, MEMBERS:

ABSENT, MEMBERS:

ABSTAIN, MEMBERS:

__________________________
Chairperson

ATTEST:

_______________________________
Guido F. Persicone, AICP
Community Development Department
City of Marina

16 DENISE DUFFY & ASSOCIATES, INC.

PLANNING AND ENVIRONMENTAL CONSULTING

Denise Duffy & Associates, Inc. | 947 Cass Street, Suite 5 | Monterey, CA 93940 | (831) 373 – 4341 | www.ddaplanning.com

MEMORANDUM
Date: March 7, 2022
To: Brian McMinn, Public Works Director/City Engineer
City of Marina
From: Patric Krabacher, ISA Certified Arborist 11759
Denise Duffy & Associates, Inc.

RE: Arborist Report for the City of Marina Blight Removal Project 2022 – City Park Denise Duffy & Associates, Inc. (DD&A) is contracted by the City of Marina (City) to provide on- call environmental consulting services for City projects. In support of the Blight Removal Phase of the City Park Project (project or proposed project) , located within City limits and within the boundaries of the University Villages Specific Plan (UVSP), DD&A conducted an analysis of trees within the vicinity of 47 buildings which are proposed for demolition. The analysis is based on a tree inventory conducted by DD&A in October 2019 for the Dunes on Monterey Bay Project (Dunes Project) and on a site visit conducted by DD&A in December 2021 to update the results of the tree inventory. This Arborist Report documents the results of the tree analysis, recommends tree removal, or trimming where necessary to facilitate remediation and demolition, and recommends mitigation to avoid, minimize, or mitigate potential adverse impacts of tree removal, or trimming.

METHODS
Limitations
This report only identifies potential project impacts to trees and potential adverse impacts resulting from tree removal; no other protected or sensitive biological resources are addressed. To determine potential project impacts to other sensitive biological resources (i.e., sensitive habitats, special- status plants, and special-status wildlife), additional analysis (e.g., biological resources study, focused botanical surveys, and protocol wildlife surveys) may be required.

It is not the intent of this report to provide a monetary valuation of the trees or provide risk assessment for any tree on this parcel, as any tree can fail at any time. No clinical diagnosis was performed on any pest or pathogen that may or may not be present within the site. In addition to an inspection of the property, DD&A relied on information provided by the City and/or the City's consultants (e.g., survey boundaries, property boundaries, project description ) to prepare this report, and must reasonably rely on the accuracy of the information provided. DD&A shall not be responsible for another's means, methods, techniques, schedules, or procedures, or for contractor safety or any other related programs, or for another's failure to complete work in accordance with approved plans and specifications.

17 City of Marina Blight Removal 2022 – City Park 2 Arborist Report Denise Duffy & Associates, Inc. | 947 Cass Street, Suite 5 | Monterey, CA 93940 | (831) 373 – 4341 | www.ddaplanning.com Regulatory Setting
City of Marina Municipal Code
Marina Municipal Code (MMC or City Code) Section 17.62.030 requires a tree removal permit to remove, damage, or relocate, or cause to be removed, damaged, or relocated any tree on any property within City limits, unless exempted by MMC Sections 17.62.040 or 17.62.050. MMC Section 17.62.030 also prohibits construction activities within the dripline of any tree, unless these activities are conducted in compliance with tree protection guidelines adopted by resolution of the planning commission.

City Code defines “tree” as any living woody perennial plant having a single stem of six inches or more diameter at breast height (D BH) or a multi-stemmed plant having an aggregate diameter of ten inches or more measured at DBH , and any living woody perennial plant which was planted in accordance with requirements of an approved compensation plan or was planted as part of a landscaping plan approved by the City. MMC defines “dripline” as the greater of the outermost edge of the tree’s canopy, or fifteen times DBH measured from the center point of the tree.

UVSP Tree Standards
UVSP Tree Standards call for the preservation of as many healthy Monterey cypress trees and oak trees as practicable. In accordance with the UVSP Tree Standards, Monterey cypress trees and oak trees that are in good or fair condition must be protected during construction and preserved wherever practicable. If relocation is possible, Monterey cypress and oak trees shall be removed by machinery, be immediately replanted at a new site, and be watered and fertilized. Monterey cypress and oak trees in good or fair condition that are removed shall be replaced on- site at a ratio of two replacement trees for every one removed (2:1). UVSP classifies tree health based on the following definitions:
• Good. Tree is healthy and vigorous as indicated by color of foliage and density, has no apparent signs of insect, disease, structural defects or mechanical injury. Tree has good form and structure. • Fair. Tree is in average condition and vigor for the area, but may show minor insect, disease, or physiological problems. Trees rated as Fair/Poor may be improved with correctional pruning. • Poor. Tree that is in a general state of decline and may show severe structural or mechanical defects which may lead to failure, may have insect or disease damage, but is not dead. • Dead/Snags. Dead standing trees.

California Fish and Game Code
Section 3503 of the California Fish and Game Code states that it is “unlawful to take, possess, or destroy the nest or eggs of any such bird except as otherwise provided by this code or any regulation adopted pursuant thereto.” Section 3503.5 prohibits the killing, possession, or destruction of any birds in the orders Falconiformes or Strigiformes (birds-of-prey). Section 3511 prohibits take or possession of fully protected birds. Section 3513 prohibits the take or possession of any migratory nongame birds designated under the federal Migratory Bird Treaty Act. Section 3800 prohibits take of nongame birds.

18 City of Marina Blight Removal 2022 – City Park 3 Arborist Report Denise Duffy & Associates, Inc. | 947 Cass Street, Suite 5 | Monterey, CA 93940 | (831) 373 – 4341 | www.ddaplanning.com Survey Methods
2019 Tree Inventory
In support of the Dunes Project, DD&A biologists ( led by ISA Certified Arborist Patric Krabacher ) conducted an inventory of trees within the boundaries of the Dunes Project (which encompassed the buildings which are proposed for demolition as part of the City Park Proje ct) on October 4, 9, 10, 11, 14, 16, and 17, 2019. The tree inventory included the mapping and tagging of all trees, as defined by City Code, within the survey area. Trees were inventoried with City requirements and UVSP Tree Standards, as follows:
• All trees 6” diameter at breast height (DBH) or greater were tagged with a global positioning system (GPS) location and a numbered aluminum marker (on the most feasible/visible location possible). • Diameter was recorded at breast height (4.5 feet above ground) or, for multi-stemmed trees, at the most representable location.
• Multi-stemmed trees were recorded as one tree if the root crown (the point where the trunk meets natural grade) was contiguous. Multi-stemmed tree DBH was calculated by taking the square root of the squared sum of all stems measured (√[Stem 1 DHB2+ Stem 2 DBH2+ Stem 3 DBH2...]). This equation returns the diameter at the base of the tree (Chojnacky, 1999). • Species, size, and health class were recorded for each tree. Tree health was based on the UVSP classification system and was evaluated by visually inspecting each tree from its root crown to its foliar canopy for signs of decay, disease, or insect infestations.

GPS data were collected using a Trimble® TDC600 GPS and were then digitized using Trimble® TerraFlex and ESRI® ArcGIS 10. 4. GPS data were collected using geographic coordinate system Universal Transverse Mercator (UTM) Zone 10 North and the World Geodetic System 1984 (WGS84) datum. 2021 Tree Survey
On December 20, 2021, DD&A biologis ts (led by ISA Certified Arborist Patric Krabacher ) conducted a survey of the project site to determine any changed circumstances since the 2019 tree inventory was prepared. The survey included updating the health class of trees and determining which trees may need to be removed to facilitate the remediation and demolition phase of the proposed project.

RESULTS
DD&A inventoried 72 trees in the vicinity of the buildings proposed for demolition, including 36 Monterey cypresses (Hesperocyparis macrocarpa), 17 acacias (Acacia sp.), 13 Monterey pines (Pinus radiata), three (3) Eucalyptus ( Eucalyptus sp.), one (1) coast live oak ( Quercus agrifolia), one (1) Bishop pine ( Pinus muricata), and one (1) Australian cheesewood ( Pittosporum undulatum) ( Figure 1, Appendix A , and Appendix B). Most trees are in average vigor for the area; however, 18 trees are dead or are in poor condition and showing severe signs of decay, disease, and insect infestations, including pitch canker (Fusarium circinatum), oak branch cank er, foamy bark canker, oak ambrosia beetles, and Phytophthora root and crown rot (Appendix A and Appendix B). No symptoms of sudden oak death were observed.

19 8th Street
2ndAvenue
1275
1276
1278
1279
1280
1281
1282
1283
1284
1287 1289
1313
1291
1292
1293
1294
1295
1296
1297
12981299 1301
13021303
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1305
1306
1307
1308
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1314
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1319 1320
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13301331
13321333
1334 1335
13361337
1338
1339
1340
1341
1342
1343
1344
1345
1346
13471348
1349
13501351
1352
1406
T-2210
T-2149
T-2211
T-2150 T-2151
T-2212
T-2171
T-2116
T-2173
T-2153
T-2131
T-2156T-2152
T-2174T-2172
T-2114
T-2154
T-2209
T-2175T-2169 T-2176T-2170
T-2155
T-2215T-2213
T-2135
T-2130
T-2132 T-2133 T-2136T-2129
T-2134
T-2196T-2189 T-2190 T-2191 T-2193
T-2110
T-2195
T-2112 T-2115T-2114T-2109
T-2116
T-2194
T-2113
Tree Survey Results
1 in = 100 ft
1 2/17/2022
Path: C:\GIS\GIS Projects\2021-72 City of Marina On-Call\Final Products\City Park\Trees.mxd Scale
Date
Denise Duffy & Associates, Inc.

Planning and Environmental Consulting
Figure
0 100 200 Feet
Building Demolition
Soil Removal
Tree Dripline
Recommended Removal
Trees
Monterey Cypress
Monterey Pine
Coast Live Oak
Bishop Pine
Trees (cont.)
Acacia
Eucalyptus
Australian Cheesewood
1290
20 City of Marina Blight Removal 2022 – City Park 5 Arborist Report Denise Duffy & Associates, Inc. | 947 Cass Street, Suite 5 | Monterey, CA 93940 | (831) 373 – 4341 | www.ddaplanning.com

DISCUSSION
Per conversations with Wallace Group, the City's engineering consultant for the project, excavation due to building demolition in the proposed City Park would be limited to three (3) inches deep within the footprints of all existing 47 buildings (to remove debris) and excavation due to soil remediation would extend to six (6) inches deep and six (6) feet out from five buildings (buildings T-2150, T-2170, T-2189, T-2191, and T- 2213).

Due to the shallow depth of excavation required for demolition, demolition is not likely to significantly impact the dripline of any adjacent tree and tree removal would not be required to successful implement this portion of project; however, it is recommended that trees whose canopies overlap or abut buildings are limbed or trimmed prior to demolition. In accordance with the City’s Tree Protection Guidelines and with California Fish and Game Code, the following measures are recommended to avoid or minimize impacts potential adverse impacts resulting from tree trimming:

1. Trimming must conform to the guidelines and best management practices established in Appendix C, must be performed by a qualified tree removal contractor, and must not remove more than 30 percent of any one tree's canopy. Trees shall be allowed to develop their na tural forms and shall not be trimmed as topiaries or other unnatural forms.

2. Work should be timed to avoid the breeding and nesting season for raptors and other protected avian species. If work must occur during the avian breeding and nesting season (approximately February 1 through September 15), surveys for nesting birds shall be conducted no more than 15 days prior to project activities in all areas within 300 feet of the project footprint that may provide suitable nesting habitat. If nesting birds are identified during surveys, an appropriate buffer shall be imposed within which no work or disturbance will take place (generally 300 feet in all directions). A qualified biologist shall be on-site during work re-initiation in the vicinity of the nest offset to ensure that the buffer is adequate and that the nest is not stressed and/or abandoned. No work shall proceed in the vicinity of an active nest until such time as all young are fledged, or until after September 16, when young are assumed fledged.

Due to the level of excavation required for soil remediation, tree removal would be required around buildings T-2150, T-2170, T-2189, T-2191, and T-2213 and would include the following trees:
• Tree 1278 (acacia in fair condition),
• Tree 1279 (acacia in fair condition),
• Tree 1281 (acacia in fair condition),
• Tree 1282 (Australian cheesewood in fair condition), and • Tree 1319 (Monterey pine in poor condition).

Per UVSP Tree Standards, mitigation (i.e., replacement) would not be required for removal of these trees, which are non-native species or native trees in poor condition. However, in accordance with City Code, a tree removal permit from the City would be required to remove all living trees, including trees in p oor condition. Therefore, a completed tree removal permit application for Trees 1278, 1279, 1281, 1282, and 1319 is included in this report as Appendix D. Tree removal must conform to any requirements established 21 City of Marina Blight Removal 2022 – City Park 6 Arborist Report Denise Duffy & Associates, Inc. | 947 Cass Street, Suite 5 | Monterey, CA 93940 | (831) 373 – 4341 | www.ddaplanning.com by the City in the approved tree removal permit. In addition, it is recommended that Mitigation Measure 2, above, and the following mitigation be implemented as part of tree removal:

3. Pursuant to Section 17.62.030 of City Code , the project must comply with the City’s Tree Protection Guidelines. To r educe impacts to trees not scheduled for removal, the tree removal contractor shall implement the best managements practices for working near trees established in Appendix C. Trees which will be retained on site shall be allowed to develop their natural forms and shall not be trimmed as topiaries or other unnatural forms.

Although not required to implement the project, it is also recommended that the remaining 14 acacia trees be removed due to this non-native species being a locally problematic plant which spreads quickly and is known to outcompete native species 1. It is further recommended that the remaining 13 trees in poor condition (nine [9] Monterey pines, one [1] Monterey cypress, one [1] Bishop pine, and one [1] eucalyptus) and the remaining six (6) trees which are dead (three [3] Monterey pines, two [2] Monterey cypresses, and one [1] eucalyptus) be removed to maintain the health of the urban forest within City Park and to reduce tree-related hazards to persons or structures. See Appendix A for the complete list of trees which are recommended for removal.

Per UVSP Tree Standards, mitigation (i.e., replacement) would not be required for removal of these non- native or unhealthy trees. In addition, a tree removal permit would not be required to remove the seven (7) dead trees. However, in accordance with City Code, a tree removal permit from the City would be required to remove the 31 living trees. A completed tree removal permit application for these trees is included in this report as Appendix D. Tree removal must conform to any requirements established by the City in the tree removal permit. In addition, it is recommended that Mitigation Measure s 2 and 3, above be implemented to avoid or minimize potential project impacts resulting from tree removal.

CONCLUSION
To facilitate demolition of 47 buildings and soil remediation around five [5] of these buildings within the proposed City Park, it is recommended that trees directly adjacent to these buildings or trees withing the boundaries of soil remediation be limbed , trimmed, or removed prior to demolition . In addition, it is recommended that all non-native trees and/or trees in poor or dead be removed to prevent spread of non- native invasive species, maintain the health of the urban forest within City Park, and reduce tree- related hazards to persons or structures. A tree removal permit from the City is required to remove all living trees.

A completed tree removal permit application for trees which are recommended for removal is included in this report as Appendix D. Implementation of the measures identified above and any additional measures established by the City in the tree removal permit would avoid or minimize potential impacts resulting from tree trimming, and removal.

If you have any comments or questions about this report, please contact Patric Krabacher at [email protected] or (831) 373-4341 ext. 29.

1 Additional acacia and Australian cheesewood individuals occur within the project site; however, they are smaller than six (6) inches DBH and, as such, are not considered "trees" and were not inventoried as part of this report. It is recommended that all these plants be removed from the proposed City Park to reduce the spread of non -native species. A tree removal permit is not required for plants smaller than six (6) inches DBH.
22 City of Marina Blight Removal 2022 – City Park 7 Arborist Report Denise Duffy & Associates, Inc. | 947 Cass Street, Suite 5 | Monterey, CA 93940 | (831) 373 – 4341 | www.ddaplanning.com

REFERENCES
David C. Chojnacky. 1999. Converting Tree Diameter Measured at Root Collar to Diameter at Beast Height.
23 City of Marina Blight Removal 2022 – City Park Appendix A Denise Duffy & Associates, Inc. | 947 Cass Street, Suite 5 | Monterey, CA 93940 | (831) 373 – 4341 | www.ddaplanning.com

APPENDIX A

Tree Table
24 Remediation and Demolition Phase of the City Park Project 1 Tree Table Tree ID Scientific Name Common Name Individual Stem DBH (in) Total DBH (in) Dripline (ft) Health Recommendation 1275 Acacia sp. Acacia 9

9 11 Fair Remove
1276 Acacia sp. Acacia 8 6

10 13 Fair Remove
1277 Acacia sp. Acacia 6

6 8 Fair Remove
1278 Acacia sp. Acacia 6 6 6 6

12 15 Fair Remove
1279 Acacia sp. Acacia 9

9 11 Fair Remove
1280 Acacia sp. Acacia 7

7 9 Fair Remove
1281 Acacia sp. Acacia 6

6 8 Fair Remove
1282 Pittosporum undulatum Australian Cheesewood 11 9 12 14

23 29 Fair Remove
1283 Pinus radiata Monterey Pine 21

21 26 Dead Remove
1284 Hesperocyparis macrocarpa Monterey Cypress 60

60 75 Fair Retain
1287 Hesperocyparis macrocarpa Monterey Cypress 6 6 6

10 13 Dead Remove
1289 Pinus muricata Bishop Pine 15

15 19 Poor Remove
1290 Pinus radiata Monterey Pine 30

30 38 Poor Remove
1291 Hesperocyparis macrocarpa Monterey Cypress 10 8 6

14 18 Fair Retain
1292 Acacia sp. Acacia 6 6

8 11 Fair Remove
1293 Hesperocyparis macrocarpa Monterey Cypress 58

58 73 Fair Retain
1294 Hesperocyparis macrocarpa Monterey Cypress 47

47 59 Poor Remove
1295 Acacia sp. Acacia 7

7 9 Fair Remove
1296 Hesperocyparis macrocarpa Monterey Cypress 45

45 56 Fair Retain
1297 Hesperocyparis macrocarpa Monterey Cypress 66

66 83 Fair Retain
1298 Pinus radiata Monterey Pine 33

33 41 Poor Remove
1299 Pinus radiata Monterey Pine 16

16 20 Poor Remove
1300 Pinus radiata Monterey Pine 24

24 30 Poor Remove
1301 Pinus radiata Monterey Pine 14

14 18 Dead Remove
1302 Hesperocyparis macrocarpa Monterey Cypress 43

43 54 Fair Retain
1303 Hesperocyparis macrocarpa Monterey Cypress 30

30 38 Fair Retain
1304 Pinus radiata Monterey Pine 25

25 31 Poor Remove
1305 Pinus radiata Monterey Pine 18

18 23 Poor Remove
1306 Hesperocyparis macrocarpa Monterey Cypress 45

45 56 Fair Retain
1307 Acacia sp. Acacia 15

15 19 Fair Remove
1308 Hesperocyparis macrocarpa Monterey Cypress 72

72 90 Fair Retain
1309 Hesperocyparis macrocarpa Monterey Cypress 33

33 41 Fair Retain
1310 Pinus radiata Monterey Pine 39

39 49 Poor Remove
1312 Hesperocyparis macrocarpa Monterey Cypress 52

52 65 Fair Retain
25 Remediation and Demolition Phase of the City Park Project 2 Tree Table Tree ID Scientific Name Common Name Individual Stem DBH (in) Total DBH (in) Dripline (ft) Health Recommendation 1313 Eucalyptus sp. Eucalyptus 17 20

26 33 Fair Retain
1314 Acacia sp. Acacia 15

15 19 Fair Remove
1315 Acacia sp. Acacia 16

16 20 Fair Remove
1316 Hesperocyparis macrocarpa Monterey Cypress 24 30

38 48 Fair Retain
1317 Hesperocyparis macrocarpa Monterey Cypress 54

54 68 Fair Retain
1319 Pinus radiata Monterey Pine 24

24 30 Poor Remove
1320 Hesperocyparis macrocarpa Monterey Cypress 61

61 76 Fair Retain
1321 Acacia sp. Acacia 6 11 9

15 19 Fair Remove
1322 Eucalyptus sp. Eucalyptus 30

30 38 Dead Remove
1323 Pinus radiata Monterey Pine 31

31 39 Poor Remove
1324 Eucalyptus sp. Eucalyptus 40

40 50 Poor Remove
1325 Acacia sp. Acacia 6

6 8 Fair Remove
1326 Acacia sp. Acacia 6 6

8 11 Fair Remove
1328 Pinus radiata Monterey Pine 33

33 41 Dead Remove
1329 Hesperocyparis macrocarpa Monterey Cypress 12

12 15 Fair Retain
1330 Hesperocyparis macrocarpa Monterey Cypress 32

32 40 Fair Retain
1331 Hesperocyparis macrocarpa Monterey Cypress 24

24 30 Fair Retain
1332 Hesperocyparis macrocarpa Monterey Cypress 26

26 33 Fair Retain
1333 Hesperocyparis macrocarpa Monterey Cypress 36

36 45 Fair Retain
1334 Hesperocyparis macrocarpa Monterey Cypress 48

48 60 Fair Retain
1335 Hesperocyparis macrocarpa Monterey Cypress 32

32 40 Fair Retain
1336 Hesperocyparis macrocarpa Monterey Cypress 19

19 24 Fair Retain
1337 Hesperocyparis macrocarpa Monterey Cypress 30 18 13 15

40 50 Fair Retain
1338 Hesperocyparis macrocarpa Monterey Cypress 32

32 40 Fair Retain
1339 Hesperocyparis macrocarpa Monterey Cypress 32 40 25

57 71 Fair Retain
1340 Hesperocyparis macrocarpa Monterey Cypress 72

72 90 Fair Retain
1341 Hesperocyparis macrocarpa Monterey Cypress 7

7 9 Good Retain
1342 Hesperocyparis macrocarpa Monterey Cypress 24

24 30 Fair Retain
1343 Hesperocyparis macrocarpa Monterey Cypress 35

35 44 Fair Retain
1344 Hesperocyparis macrocarpa Monterey Cypress 30

30 38 Fair Retain
1345 Quercus agrifolia Coast Live Oak 8 8

11 14 Fair Retain
1346 Hesperocyparis macrocarpa Monterey Cypress 22

22 28 Dead Remove
1347 Hesperocyparis macrocarpa Monterey Cypress 10 18

21 26 Fair Retain
1348 Hesperocyparis macrocarpa Monterey Cypress 11

11 14 Fair Retain
26 Remediation and Demolition Phase of the City Park Project 3 Tree Table Tree ID Scientific Name Common Name Individual Stem DBH (in) Total DBH (in) Dripline (ft) Health Recommendation 1349 Hesperocyparis macrocarpa Monterey Cypress 34 36 28 10

58 72 Fair Retain
1350 Acacia sp. Acacia 8 6

10 13 Fair Remove
1351 Acacia sp. Acacia 8 8

11 14 Fair Remove
1352 Pinus radiata Monterey Pine 20

20 25 Poor Remove

27 City of Marina Blight Removal 2022 – City Park Appendix B Denise Duffy & Associates, Inc. | 947 Cass Street, Suite 5 | Monterey, CA 93940 | (831) 373 – 4341 | www.ddaplanning.com APP

ENDIX B
Photo Log
28 City of Marina Blight Removal 2022 - City Park 1 Appendix B Denise Duffy & Associates, Inc. | 947 Cass Street, Suite 5 | Monterey, CA 93940 | (831) 373 – 4341 | www.ddaplanning.com Photo 1. Tree 1290
Photo 3. Tree 1292
Photo 2. Tree 1300
Photo 4. Tree 1294
29 City of Marina Blight Removal 2022 - City Park 2 Appendix B Denise Duffy & Associates, Inc. | 947 Cass Street, Suite 5 | Monterey, CA 93940 | (831) 373 – 4341 | www.ddaplanning.com Photo 5. Tree 1295 Photo 6. Tree 1299
Photo 8. Tree 1304
Photo 7. Tree 1289
30 City of Marina Blight Removal 2022 - City Park 3 Appendix B Denise Duffy & Associates, Inc. | 947 Cass Street, Suite 5 | Monterey, CA 93940 | (831) 373 – 4341 | www.ddaplanning.com Photo 9. Tree 1305
Photo 11. Tree 1310
Photo 10. Tree 1307
Photo 12. Tree 1314
31 City of Marina Blight Removal 2022 - City Park 4 Appendix B Denise Duffy & Associates, Inc. | 947 Cass Street, Suite 5 | Monterey, CA 93940 | (831) 373 – 4341 | www.ddaplanning.com Photo 13. Tree 1315
Photo 15. Tree 1319
Photo 16. Tree 1321
Photo 14. Tree 1282
32 City of Marina Blight Removal 2022 - City Park 5 Appendix B Denise Duffy & Associates, Inc. | 947 Cass Street, Suite 5 | Monterey, CA 93940 | (831) 373 – 4341 | www.ddaplanning.com Photo 19. Tree 1324
Photo 18. Tree 1323
Photo 20. Tree 1325
Photo 17. Tree 1352
33 City of Marina Blight Removal 2022 - City Park 6 Appendix B Denise Duffy & Associates, Inc. | 947 Cass Street, Suite 5 | Monterey, CA 93940 | (831) 373 – 4341 | www.ddaplanning.com Photo 21. Tree 1326
Photo 23. Tree 1351
Photo 22. Tree 1350
Photo 24. Tree 1278
34 City of Marina Blight Removal 2022 - City Park 7 Appendix B Denise Duffy & Associates, Inc. | 947 Cass Street, Suite 5 | Monterey, CA 93940 | (831) 373 – 4341 | www.ddaplanning.com Photo 25. Tree 1275
Photo 2 7. Tree 1277
Photo 26. Tree 1276
Photo 28. Tree 1281
35 City of Marina Blight Removal 2022 - City Park 8 Appendix B Denise Duffy & Associates, Inc. | 947 Cass Street, Suite 5 | Monterey, CA 93940 | (831) 373 – 4341 | www.ddaplanning.com Photo 29. Tree 1279
Photo 30. Tree 1280
Photo 31. T ree 1298
36 City of Marina Blight Removal 2022 – City Park Appendix C Denise Duffy & Associates, Inc. | 947 Cass Street, Suite 5 | Monterey, CA 93940 | (831) 373 – 4341 | www.ddaplanning.com APP

ENDIX C
Best Management Practices
37 Appendix C
Denise Duffy & Associates, Inc. | 947 Cass Street, Suite 5 | Monterey, CA 93940 | (831) 373 – 4341 | www.ddaplanning.com

BEST MANAGEMENT PRACTICES WHEN WORKING NEAR TREES
Best Management Practices
The following BMPs are recommended to reduce impacts to trees:
• Do not deposit any fill around trees, which may compact soils and alter water and air relationships. Avoid depositing fill, parking equipment, or staging construction materials near existing trees. Covering and compacting soil around trees can alter water and air relationships with the roots. Fill placed within the critical rootzone or dripline may encourage the development of oak rot fungus (Armillaria mellea). As necessary, trees may be protected by boards, fencing or other materials to delineate protection zones. • Pruning shall be conducted to avoid unnecessary injuries to the tree. General principals of pruning include placing cuts immediately beyond the branch collar, making clean cuts by scoring the underside of the branch first, and for live oak, avoiding the period from February through May.
• Native live oaks are not adapted to summer watering and may develop crown or root rot as a result. Do not regularly irrigate within the critical rootzone or dripline of oaks. Native, locally adapted, drought resistant species are the most compatible with this goal. • Root cutting should occur outside of the springtime. Ideal time for root pruning will take place late June and July. Pruning of the live crown should not occur February through May. • Oak material greater than 3 inches in diameter remaining on site more than one month that is not cut and split into firewood should be covered with thick clear plastic that is dug in securely around the pile. This will discourage infestation and dispersion of bark beetles. • A mulch layer up to approximately 4 inches deep may be applied to the ground under selected oaks following construction. Only 1 to 2 inches of mulch should be applied within 1 to 2 feet of the trunk, and under no circumstances should any soil or mulch be placed against the root crown (base) of trees. The best source of mulch would be from chipped material generated on site.

Tree Protection Standards:
• All trees scheduled for preservation which may be at risk of injury or harm during the removal of trees approved for removal or during grading, trenching or other activities associated with the development or use of a property shall be temporarily fenced during such tree during such activities. Fencing shall be installed prior to the beginning of tree removals, grading or building.

Fencing shall be installed at the edge of the root zone unless alternate location is determined essential to the construction of the project as approved. The root zone is determined to be the area located within a distance of 15 times the trunk diameter in all directions. Fencing shall consist of chain link or plastic link fence, rigidly supported and maintained during all construction at a minimum height of 4' 0" above grade. Removal of fencing shall only be at the direction of the City planning department. All trees to be fenced shall be clearly marked to notify all personnel and city inspectors that the subject tree(s) are to be fenced at all times during construction. • Fenced areas shall not be used for material stockpile, storage or vehicle parking. Dumping of materials, chemicals or garbage shall be prohibited within the fenced area. Fenced areas shall be maintained in a natural condition and not compacted. Fenced areas shall be maintained at natural or existing grade.
38 Appendix C
Denise Duffy & Associates, Inc. | 947 Cass Street, Suite 5 | Monterey, CA 93940 | (831) 373 – 4341 | www.ddaplanning.com • Utility and drain lines shall be located outside the root zone of all preserved trees unless essential to develop property as approved. Where alternative routes are not available, any digging or trenching necessary for utility conduit, pipe, wire and drain lines shall not cut any major root.

Major roots are those with a diameter of 2 inches or more. Utility lines shall not be within 3 feet of the trunk of any tree.
• A
ll approved const
ruction within the root zone shall observe the following construction practices:

1. Hand trenching at point or line of grade cuts closest to the trunk to expose major roots 2" or more in diameter.

2. In cases where rock or unusually dense soil prevents hand trenching, mechanical trenching may be permitted provided that work inside the dripline is closely supervised to prevent tearing or other damage to major roots.

3. Exposed major roots shall be cut with a saw to form a smooth surface and avoid tearing or jagged edges.

4. Absorbent tarp or heavy cloth fabric shall be placed over grade cuts where roots are exposed and secured with stakes and 2" to 4" of compost or wood chips spread over the tarp to prevent moisture loss. Care shall be taken that moisture levels beneath tarped areas remain comparable to surrounding areas until backfilling occurs. Some watering of these areas may be necessary to maintain moisture levels, and such measures shall remain in effect through all phases of construction, including all delays and other periods of inactivity.

Tree Pruning
Pruning is to be minimal but performed only when necessary in accordance to American National Safety Institute ANSI A300 P runing Standards. Pruning may include the larger canopied trees that have deadwood or are exhibiting some minor structural defect or m inor disease that must be compensated.

Should the health and vigor of any tree decline it will be treated as appropriately recommended by a certified arborist or qualified forester.

The following are offered as guidelines when pruning;
• In general trees will be assessed then pruned first for safety, next for health, and finally for aesthetics. No more than 25% of the tree overall crown will be pruned in one season. • Type of pruning is determined by the size of branches to be removed. General guidelines for branch removal are:

1. Fine Detail pruning-limbs under 2-inch diameter are removed

2. Medium Detail Pruning–Limbs between 2- and 4-inch diameter

3. Structural Enhancement–limbs greater than 4-inch diameter.

4. Broken and cracked limbs-removed will be removed in high traffic areas of concern.

Crown thinning is the cleaning out of or removal of dead diseased, weakly attached, or low vigor branches from a tree crown and consist of the following steps:
• All trees will be pre-assessed on how the tree will be pruned from the top down. 39 Appendix C
Denise Duffy & Associates, Inc. | 947 Cass Street, Suite 5 | Monterey, CA 93940 | (831) 373 – 4341 | www.ddaplanning.com • Tree trimmers will favor branches with strong, U-shaped angles of attachment and where possible remove branches with weak, V-shaped angles of attachment and/or included bark.
• Lateral branches will be evenly spaced on the main stem of young trees and areas of fine pruning.
• Branches that rub or cross another branch will be removed where possible. • Lateral branches will be no more than one-half to three-quarters of the diameter of the stem to discourage the development of co-dominant stems where feasible. • In most cases trimmers will not remove more than one-quarter of the living crown of a tree at one time. If it is necessary to remove more, it will be done over successive years.

Crown-raising removes the lower branches of a tree to provide clearance for buildings, vehicles, pedestrians and vistas and performed as follows:
• Live branches on at least two -thirds of a tree’s total height will be maintained wherever possible. The removal of too many lower branches will hinder the development of a strong stem.
• All basal sprouts and vigorous epicormic sprouts will be removed where feasible.

Crown reduction is used to reduce the height and/or spread of trees and is used for maintaining the structural integrity and natural form of a tree and conducted as follows:
• Crown reduction pruning is used only when absolutely necessary. Pruning cuts will be at a lateral branch that is at least one-third the diameter of the stem to be removed wherever possible.
• When it is necessary to remove more than half of the foliage from a branch it may be necessary remove the entire branch.

Crown restoration is used to improve the structure and appearance of trees that have been topped or severely pruned using heading cuts. One of three sprouts on main branch stubs s hould be selected to reform a natural appearing crown. Selected vigorous sprouts may need to be thinned to ensure adequate attachment for the size of the sprout. Restoration may require several years of pruning. 40 City of Marina Blight Removal 2022 – City Park Appendix D Denise Duffy & Associates, Inc. | 947 Cass Street, Suite 5 | Monterey, CA 93940 | (831) 373 – 4341 | www.ddaplanning.com

APPENDIX D

Tree Removal Application
41 City of Marina City of Marina
Community Development Department
Mailing: 211 HILLCREST AVENUE
Office: 209 CYPRESS AVENUE
MARINA, CA 93933
831.884.1220; FAX 831.384.0425
www.cityofmarina.org

PLANNING APPLICATION
Project Address/Location: _____________ APN:____________________________________ Applicant(s):

Name:
___ Email: _____________________________
Property Owner:

Name:

Mailing Address:

Phone: ___ Email: _____________________________
Property Owner Authorization:

By signing this application I certify that I have reviewed this completed application and the attached material and consent to its filing. I agree to allow the Community Development Department to duplicate and distribute plans to interested persons as it determines is necessary for the processing of the application.

Signed Date
Applicant/Representative Certification:

I understand the City might not approve what I am applying for or might set conditions of approval. I agree to allow the Community Development Department to duplicate and
distribute plans to interested persons as it determines is necessary for processing of the application.

Signed Date
Permission to Access Property
This section is to be completed by the property owner and/or occupant who controls access to the property. To adequately evaluate many project proposals Community Development Department Staff, Commissioners and City Council Members will have to gain access to the exterior of the real property in order to adequately review and report on the proposed project. Your signature below certifies that you agree to give the City permission to access the project site from 8 a.m. to 5 p.m., Monday through Friday, as part of the normal review of this planning application.

Signed Date
Indemnification Agreement:

The Owner/Applicant shall defend, indemnify and hold harmless the City or its agents or officers and employees from any claim, action or proceeding against the City or its agents, officers or employees, to attack, set aside, void, or annul, in whole or in part, the City’s approval of this project. In the event that the City fails to promptly notify the Owner / Applicant of any such claim, action or proceeding, or that the City fails to cooperate fully in the defense of said claim, this condition shall thereafter be of no further force or effect.

Signed Date
FOR OFFICE USE ONLY:

Date Application Submitted: Fee Collected: $
Date Application Complete: Receipt Number:

File Number(s):

Planner Initials: Associated Permits:

Remediation/Demo at City Park
City of Marina
Mailing Address:

Phone:

SAME AS ABOVE
Project Description: What do you want to do?
Remove 37 trees to facilitate the project and maintain health and safety of the urban forest in City Park. 42 DENISE DUFFY & ASSOCIATES, INC.

PLANNING AND ENVIRONMENTAL CONSULTING

Denise Duffy & Associates, Inc. | 947 Cass Street, Suite 5 | Monterey, CA 93940 | (831) 373 – 4341 | www.ddaplanning.com

MEMORANDUM
Date: February 15, 2022
To: Brian McMinn, Public Works Director/City Engineer
City of Marina
From: Patric Krabacher, ISA Certified Arborist 11759
Denise Duffy & Associates, Inc.

RE: Arborist Report for the City of Marina Blight Removal Project 2022 – Cypress Knolls Denise Duffy & Associates, Inc. (DD&A) is contracted by the City of Marina (City) to provide on- call environmental consulting services for City projects. In support of the Blight Removal Phase of the Cypress Knolls Project (project or proposed project) , located within City limits and the Former Fort Ord, DD&A conducted an inventory of trees within the vicinity of 31 buildings which are proposed for demolition. This Arborist Report documents the results of the tree inventory, recommends tree removal where necessary to facilitate remediation and demolition, and recommends mitigation to avoid, minimize, or mitigate potential adverse impacts of tree removal or trimming.

43 City of Marina Blight Removal 2022 – Cypress Knolls 2 Arborist Report Denise Duffy & Associates, Inc. | 947 Cass Street, Suite 5 | Monterey, CA 93940 | (831) 373 – 4341 | www.ddaplanning.com Regulatory Setting
City of Marina Municipal Code
Marina Municipal Code (MMC or City Code) Section 17.62.030 requires a tree removal permit to remove, damage, or relocate, or cause to be removed, damaged, or relocated any tree on any property within City limits, unless exempted by MMC Sections 17.62.040 or 17.62.050. MMC Section 17.62.030 also prohibits construction activities within the dripline of any tree, unless these activities are conducted in compliance with tree protection guidelines adopted by resolution of the planning commission.

Survey Methods
DD&A biologists, led by ISA Certified Arborist Patric Krabacher, conducted an inventory of trees within the vicinity of buildings which are proposed for demolition on December 20, 2021. The tree inventory included the mapping and tagging of all trees, as defined by MCC Chapter 17.62, within the survey area.

Trees were inventoried in accordance with the with the following protocol:
• All trees 6” diameter at breast height (DBH) or greater were tagged with a global positioning system (GPS) location and a numbered aluminum marker (on the most feasible/visible location possible).

If a tree was already tagged as part of a previous survey effort, the existing tag number was recorded.
• Diameter was recorded at breast height (4.5 feet above ground) or, for multi-stemmed trees, at the most representable location.
• Multi-stemmed trees were recorded as one tree if the root crown (the point where the trunk meets natural grade) was contiguous. Multi-stemmed tree DBH was calculated by taking the square root of the squared sum of all stems measured (√[Stem 1 DHB
2+ Stem 2 DBH2+ Stem 3 DBH2...]). This
equation returns the diameter at the base of the tree (Chojnacky, 1999). • Species, size, health class, and photographs were recorded for each tree. Tree health was recorded based on the following definitions:
44 City of Marina Blight Removal 2022 – Cypress Knolls 3 Arborist Report Denise Duffy & Associates, Inc. | 947 Cass Street, Suite 5 | Monterey, CA 93940 | (831) 373 – 4341 | www.ddaplanning.com − Good. Tree is healthy and vigorous, as indicated by foliage color and density, and has no apparent signs of insect, disease, structural defects, or mechanical injury. Tree has good form and structure.
− Fair. Tree is in average condition and vigor for the area, but may show minor insect, disease, or physiological problems. Trees in fair condition may be improved with correctional pruning.
− Poor. Tree is in a general state of decline. Tree may show severe structural or mechanical defects which may lead to failure, and may have insect or disease damage, but is not dead.

Tree health was evaluated by visually inspecting each tree from its root crown to its foliar canopy for signs of decay, disease, or insect infestations. In accordance with MMC’s definition of a “tree,” dead trees were not inventoried.

GPS data were collected using a Trimble® Geo 7 Series GPS and were then digitized using Trimble® GPS Pathfinder and ESRI® ArcGIS 10.4. GPS data were collected using geographic coordinate system Universal Transverse Mercator (UTM) Zone 10 North and the World Geodetic System 1984 (WGS84) datum.

RESULTS
DD&A inventoried 96 trees in the vicinity of the buildings proposed for demolition, including 33 Monterey pines ( Pinus radiata ), 30 Eucalyptus ( Eucalyptus sp.), 23 Monterey cypresses ( Hesperocyparis macrocarpa), four (4) acacia (Acacia sp.), three (3) canyon live oaks (Quercus chrysolepis), one (1) coast live oak (Quercus agrifolia), one (1) Australian tea tree (Leptospermum laevigatum), and one (1) myrtle (Myrtus sp.) (Figure 1, Appendix A, and Appendix B). Most trees are in average vigor for the area but are showing signs of decay, disease, and insect infestations, including pitch canker (Fusarium circinatum), oak branch canker, foamy bark canker, oak ambrosia beetles, and Phytophthora root and crown rot . No symptoms of sudden oak death were observed.

DISCUSSION
Per conversations with Wallace Group, the City's engineering consultant for the project, demolition and excavation at Cypress Knolls would be limited to three (3) inches deep within the existing building footprints. Due to the shallow depth of excavation, demolition is not likely to significantly impact the dripline of any adjacent tree and tree removal is not required to successful implement the project. However, it is recommended that trees whose canopies overlap or abut buildings are trimmed prior to demolition. In accordance with the City’s Tree Protection Guidelines and with California Fish and Game Code, the following measures are recommended to avoid or minimize impacts potential adverse impacts resulting from tree trimming:

1. Trimming must conform to the guidelines and best management practices established in Appendix C, must be performed by a qualified tree removal contractor, and must not remove more than 30 percent of any one tree's canopy. Trees shall be allowed to de velop their natural forms and shall not be trimmed as topiaries or other unnatural forms.

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Tree Survey Results
1 in = 200 ft
1 2/17/2022
Path: C:\GIS\GIS Projects\2021-72 City of Marina On-Call\Final Products\Cypress Knolls\Trees.mxd Scale
Date
Denise Duffy & Associates, Inc.

Planning and Environmental Consulting
Figure
0 150 300 Feet Building Demolition
Tree Dripline
Recommended Removal
Trees
Monterey Pine
Monterey Cypress
Canyon Live Oak
Coast Live Oak
Eucalyptus
Acacia
Australian Tea Tree
Myrtle
46 City of Marina Blight Removal 2022 – Cypress Knolls 5 Arborist Report Denise Duffy & Associates, Inc. | 947 Cass Street, Suite 5 | Monterey, CA 93940 | (831) 373 – 4341 | www.ddaplanning.com

Although not required to implement the project, it is recommended that the four (4) acacia trees and the one (1) Australian tea tree within the survey area be removed; these non-native species are locally problematic plants which spreads quickly and outcompetes native species. In addition, the Australian tea tree is exhibiting an extreme lean and may therefore pose a hazard to persons or structures. Per City Code, a tree removal permit from the City would be required to remove these trees . A completed tree removal permit application is included in this report as Appendix D. Tree removal must conform to any requirements established by the City in the tree removal permit. In addition, it is recommended that Mitigation Measure 2, above, and the following mitigation be implemented as part of tree removal:

3. Pursuant to S ection 17.62.030 of City Code , the project must comply with the City’s Tree Protection Guidelines. To reduce impacts to trees not scheduled for removal, the tree removal contractor shall implement the best managements practices for working near trees established in Appendix C. Trees which will be retained on site shall be allowed to develop their natural forms and shall not be trimmed as topiaries or other unnatural forms.

CONCLUSION
To facilitate demolition of 31 buildings within the Cypress Knolls develop ment area, it is recommended that trees directly adjacent to these buildings be trimmed prior to demolition. In addition, it is recommended that four (4) acacia trees and one (1) Australian tea tree be removed to prevent the spread of invasive species and/or to remove a potential hazard. A tree removal permit from the City is required to remove these five (5) trees. Implementation of the measures identified above and any additional measures established by the City in the tree removal permit would mitigate, avoid, or minimize potential impacts resulting from tree trimming, and removal.

If you have any comments or questions about this report, please contact Patric Krabacher at [email protected] or (831) 373-4341 ext. 29.

REFERENCES
David C. Chojnacky. 1999. Converting Tree Diameter Measured at Root Collar to Diameter at Beast Height.
47 City of Marina Blight Removal 2022 – Cypress Knolls Appendix A Denise Duffy & Associates, Inc. | 947 Cass Street, Suite 5 | Monterey, CA 93940 | (831) 373 – 4341 | www.ddaplanning.com

APPENDIX A

Tree Table
48 Remediation and Demolition Phase of the Cypress Knolls Project 1 Tree Table Tag Scientific Name Common Name Individual Stem DBH (in) Total DBH (in) Dripline (ft) Health Recommendation 1 Eucalyptus sp. Eucalyptus 37

37 46 Fair Retain
298 Eucalyptus sp. Eucalyptus 16 13 16

26 33 Fair Retain
347 Hesperocyparis macrocarpa Monterey Cypress 51

51 64 Fair Retain
348 Hesperocyparis macrocarpa Monterey Cypress 74

74 93 Fair Retain
349 Hesperocyparis macrocarpa Monterey Cypress 84

84 105 Fair Retain
350 Pinus radiata Monterey Pine 26

26 33 Fair Retain
354 Eucalyptus sp. Eucalyptus 24 14

28 35 Fair Retain
357 Quercus chrysolepis Canyon Live Oak 15

15 19 Fair Retain
358 Quercus agrifolia Coast Live Oak 18

18 23 Fair Retain
359 Eucalyptus sp. Eucalyptus 25 8

26 33 Fair Retain
360 Eucalyptus sp. Eucalyptus 6 6 7 8

14 17 Fair Retain
361 Eucalyptus sp. Eucalyptus 24

24 30 Fair Retain
397 Hesperocyparis macrocarpa Monterey Cypress 52 36

63 79 Fair Retain
398 Hesperocyparis macrocarpa Monterey Cypress 50

50 63 Fair Retain
400 Eucalyptus sp. Eucalyptus 18

18 23 Fair Retain
402 Eucalyptus sp. Eucalyptus 10 12 14

21 26 Fair Retain
406 Pinus radiata Monterey Pine 31

31 39 Poor Retain
407 Pinus radiata Monterey Pine 26

26 33 Fair Retain
408 Hesperocyparis macrocarpa Monterey Cypress 83

83 104 Fair Retain
417 Eucalyptus sp. Eucalyptus 22

22 28 Poor Retain
419 Pinus radiata Monterey Pine 18

18 23 Fair Retain
420 Pinus radiata Monterey Pine 26

26 33 Fair Retain
422 Pinus radiata Monterey Pine 24

24 30 Poor Retain
423 Eucalyptus sp. Eucalyptus 16 16

23 28 Fair Retain
896 Hesperocyparis macrocarpa Monterey Cypress 30

30 38 Fair Retain
897 Hesperocyparis macrocarpa Monterey Cypress 75

75 94 Fair Retain
898 Hesperocyparis macrocarpa Monterey Cypress 68

68 85 Fair Retain
900 Eucalyptus sp. Eucalyptus 23

23 29 Fair Retain
950 Eucalyptus sp. Eucalyptus 28

28 35 Fair Retain
962 Eucalyptus sp. Eucalyptus 28

28 35 Fair Retain
964 Pinus radiata Monterey Pine 31

31 39 Fair Retain
965 Leptospermum laevigatum Australian Tea Tree 9

9 11 Fair Remove
967 Eucalyptus sp. Eucalyptus 26

26 33 Fair Retain
969 Eucalyptus sp. Eucalyptus 16 12

20 25 Fair Retain
49 Remediation and Demolition Phase of the Cypress Knolls Project 2 Tree Table Tag Scientific Name Common Name Individual Stem DBH (in) Total DBH (in) Dripline (ft) Health Recommendation 1009 Pinus radiata Monterey Pine 29

29 36 Fair Retain
1010 Hesperocyparis macrocarpa Monterey Cypress 22

22 28 Fair Retain
1011 Pinus radiata Monterey Pine 19

19 24 Poor Retain
1013 Pinus radiata Monterey Pine 20

20 25 Poor Retain
1017 Pinus radiata Monterey Pine 13

13 16 Poor Retain
1019 Hesperocyparis macrocarpa Monterey Cypress 76

76 95 Fair Retain
1023 Hesperocyparis macrocarpa Monterey Cypress 44 40 30 28

72 90 Fair Retain
1543 Eucalyptus sp. Eucalyptus 15

15 19 Fair Retain
1544 Eucalyptus sp. Eucalyptus 16 13 11

23 29 Fair Retain
1545 Hesperocyparis macrocarpa Monterey Cypress 7

7 9 Fair Retain
1546 Eucalyptus sp. Eucalyptus 12 14

18 23 Fair Retain
1547 Eucalyptus sp. Eucalyptus 21

21 26 Fair Retain
1548 Pinus radiata Monterey Pine 12

12 15 Good Retain
1549 Eucalyptus sp. Eucalyptus 6 6 6

10 13 Fair Retain
1550 Quercus chrysolepis Canyon Live Oak 17

17 21 Fair Retain
1551 Myrtus sp. Myrtle 6

6 8 Fair Retain
1552 Quercus chrysolepis Canyon Live Oak 13 7

15 18 Fair Retain
1553 Eucalyptus sp. Eucalyptus 14 14

20 25 Fair Retain
1554 Pinus radiata Monterey Pine 6

6 8 Good Retain
1555 Hesperocyparis macrocarpa Monterey Cypress 15

15 19 Good Retain
1556 Pinus radiata Monterey Pine 11

11 14 Fair Retain
1557 Eucalyptus sp. Eucalyptus 6 7 6 6 6 6 15 19 Poor Retain 1558 Eucalyptus sp. Eucalyptus 9 7 6 8

15 19 Poor Retain
1559 Pinus radiata Monterey Pine 12

12 15 Fair Retain
1560 Pinus radiata Monterey Pine 15 13

20 25 Fair Retain
1561 Pinus radiata Monterey Pine 13

13 16 Fair Retain
1562 Pinus radiata Monterey Pine 9

9 11 Fair Retain
1563 Hesperocyparis macrocarpa Monterey Cypress 28 26 18

42 53 Fair Retain
1564 Pinus radiata Monterey Pine 10

10 13 Poor Retain
1565 Hesperocyparis macrocarpa Monterey Cypress 8

8 10 Fair Retain
1566 Pinus radiata Monterey Pine 10

10 13 Fair Retain
1567 Pinus radiata Monterey Pine 38

38 48 Poor Retain
1568 Pinus radiata Monterey Pine 18 18 13 20

35 44 Poor Retain
1569 Hesperocyparis macrocarpa Monterey Cypress 60

60 75 Fair Retain
50 Remediation and Demolition Phase of the Cypress Knolls Project 3 Tree Table Tag Scientific Name Common Name Individual Stem DBH (in) Total DBH (in) Dripline (ft) Health Recommendation 1570 Pinus radiata Monterey Pine 38

38 48 Poor Retain
1571 Pinus radiata Monterey Pine 10

10 13 Fair Retain
1572 Eucalyptus sp. Eucalyptus 20

20 25 Fair Retain
1573 Eucalyptus sp. Eucalyptus 21

21 26 Fair Retain
1574 Hesperocyparis macrocarpa Monterey Cypress 9 9 8 7

17 21 Fair Retain
1575 Hesperocyparis macrocarpa Monterey Cypress 50

50 63 Fair Retain
1576 Hesperocyparis macrocarpa Monterey Cypress 60

60 75 Poor Retain
1577 Pinus radiata Monterey Pine 9

9 11 Fair Retain
1578 Hesperocyparis macrocarpa Monterey Cypress 25

25 31 Fair Retain
1579 Pinus radiata Monterey Pine 30 15

34 42 Fair Retain
1580 Pinus radiata Monterey Pine 11

11 14 Fair Retain
1581 Pinus radiata Monterey Pine 24 12

27 34 Fair Retain
1582 Pinus radiata Monterey Pine 6

6 8 Fair Retain
1583 Pinus radiata Monterey Pine 7 9 20

23 29 Fair Retain
1584 Eucalyptus sp. Eucalyptus 19 6

20 25 Fair Retain
1585 Pinus radiata Monterey Pine 6

6 8 Fair Retain
1586 Pinus radiata Monterey Pine 9

9 11 Fair Retain
1587 Pinus radiata Monterey Pine 36

36 45 Fair Retain
1588 Eucalyptus sp. Eucalyptus 25

25 31 Fair Retain
1589 Eucalyptus sp. Eucalyptus 12 12

17 21 Fair Retain
1590 Eucalyptus sp. Eucalyptus 26 14 6

30 38 Fair Retain
1614 Eucalyptus sp. Eucalyptus 9

9 11 Fair Retain
1731 Hesperocyparis macrocarpa Monterey Cypress 76

76 95 Fair Retain
N/A* Acacia sp. Acacia 8*

8 10 Fair Remove
N/A* Acacia sp. Acacia 8*

8 10 Fair Remove
N/A* Hesperocyparis macrocarpa Monterey Cypress 80*

80 100 Fair Retain

* Due to homeless encampment, tree was not tagged and DBH was estimated. 51 City of Marina Blight Removal 2022 – Cypress Knolls Appendix B Denise Duffy & Associates, Inc. | 947 Cass Street, Suite 5 | Monterey, CA 93940 | (831) 373 – 4341 | www.ddaplanning.com

APPENDIX B

Photo Log
52 City of Marina Blight Removal 2022 - Cypress Knolls 1 Appendix B Denise Duffy & Associates, Inc. | 947 Cass Street, Suite 5 | Monterey, CA 93940 | (831) 373 – 4341 | www.ddaplanning.com Photo 1. Tree 965 Photo 2. Approximately four (4) Acacia sp . proposed for removal. Due to homeless
encampment, trees
were not tagged and DBH
was estimated.
53 City of Marina Blight Removal 2022 – Cypress Knolls Appendix C Denise Duffy & Associates, Inc. | 947 Cass Street, Suite 5 | Monterey, CA 93940 | (831) 373 – 4341 | www.ddaplanning.com

APPENDIX C

Best Management Practices
54 Appendix C
Denise Duffy & Associates, Inc. | 947 Cass Street, Suite 5 | Monterey, CA 93940 | (831) 373 – 4341 | www.ddaplanning.com

Fencing shall be installed at the edge of the root zone unless alternate location is determined essential to the construction of the project as approved. The root zone is determined to be the area located within a distance of 15 times the trunk diameter in all directions. Fencing shall consist of chain link or plastic link fence, rigidly supported and maintained during all construction at a minimum height of 4' 0" above grade. Removal of fencing shall only be at the direction of the City planning department. All trees to be fenced shall be clearly marked to notify all personnel and city inspectors that the subject tree(s) are to be fenced at all times during construction. • Fenced areas shall not be used for material stockpile, storage or vehicle parking. Dumping of materials, chemicals or garbage shall be prohibited within the fenced area. Fenced areas shall be maintained in a natural condition and not compacted. Fenced areas shall be maintained at natural or existing grade.
55 Appendix C
Denise Duffy & Associates, Inc. | 947 Cass Street, Suite 5 | Monterey, CA 93940 | (831) 373 – 4341 | www.ddaplanning.com • Utility and drain lines shall be located outside the root zone of all preserved trees unless essential to develop property as approved. Where alternative routes are not available, any digging or trenching necessary for utility conduit, pipe, wire and drain lines shall not cut any major root.

Major roots are those with a diameter of 2 inches or more. Utility lines shall not be within 3 feet of the trunk of any tree.
• A
ll approved c
onstruction within the root zone shall observe the following construction practices:

1. Hand trenching at point or line of grade cuts closest to the trunk to expose major roots 2" or more in diameter.

3. Exposed major roots shall be cut with a saw to form a smooth surface and avoid tearing or jagged edges.

Should the health and vigor of any tree decline it will be treated as appropriately recommended by a certified arborist or qualified forester.

1. Fine Detail pruning-limbs under 2-inch diameter are removed

2. Medium Detail Pruning–Limbs between 2- and 4-inch diameter

3. Structural Enhancement–limbs greater than 4-inch diameter.

4. Broken and cracked limbs-removed will be removed in high traffic areas of concern.

Crown thinning is the cleaning out of or removal of dead diseased, weakly attached, or low vigor branches from a tree crown and consist of the following steps:
• All trees will be pre-assessed on how the tree will be pruned from the top down. 56 Appendix C
Denise Duffy & Associates, Inc. | 947 Cass Street, Suite 5 | Monterey, CA 93940 | (831) 373 – 4341 | www.ddaplanning.com • Tree trimmers will favor branches with strong, U-shaped angles of attachment and where possible remove branches with weak, V-shaped angles of attachment and/or included bark.
• Lateral branches will be evenly spaced on the main stem of young trees and areas of fine pruning.
• Branches that rub or cross another branch will be removed where possible. • Lateral branches will be no more than one-half to three-quarters of the diameter of the stem to discourage the development of co-dominant stems where feasible. • In most cases trimmers will not remove more than one-quarter of the living crown of a tree at one time. If it is necessary to remove more, it will be done over successive years.

Crown restoration is used to improve the structure and appearance of trees that have been topped or severely pruned using heading cuts. One of three sprouts on main branch stubs s hould be selected to reform a natural appearing crown. Selected vigorous sprouts may need to be thinned to ensure adequate attachment for the size of the sprout. Restoration may require several years of pruning. 57 City of Marina Blight Removal 2022 – Cypress Knolls Appendix D Denise Duffy & Associates, Inc. | 947 Cass Street, Suite 5 | Monterey, CA 93940 | (831) 373 – 4341 | www.ddaplanning.com

APPENDIX D

Tree Removal Application
58 City of Marina City of Marina
Community Development Department
Mailing: 211 HILLCREST AVENUE
Office: 209 CYPRESS AVENUE
MARINA, CA 93933
831.884.1220; FAX 831.384.0425
www.cityofmarina.org

PLANNING APPLICATION
Project Address/Location: _____________ APN:____________________________________ Applicant(s):

Name:
___ Email: _____________________________
Property Owner:

Name:

Mailing Address:

Phone: ___ Email: _____________________________
Property Owner Authorization:

Signed Date
Applicant/Representative Certification:

Signed Date
Indemnification Agreement:

Signed Date
FOR OFFICE USE ONLY:

Date Application Submitted: Fee Collected: $
Date Application Complete: Receipt Number:

File Number(s):

Planner Initials: Associated Permits:

City of Marina Blight Removal 2022 - Cypress Knolls
City of Marina
Mailing Address:

Phone:

SAME AS ABOVE
Project Description: What do you want to do?
Remove four (4) acacia trees and one (1) Australian cheesewood tree. 59 DENISE DUFFY & ASSOCIATES, INC.

PLANNING AND ENVIRONMENTAL CONSULTING

Denise Duffy & Associates, Inc. | 947 Cass Street, Suite 5 | Monterey, CA 93940 | (831) 373 – 4341 | www.ddaplanning.com

MEMORANDUM
Date: February 16, 2022
To: Brian McMinn, Public Works Director/City Engineer
City of Marina
From: Patric Krabacher, Project Manager
Denise Duffy & Associates, Inc.

RE: Compliance Memorandum for the City of Marina Blight Removal Project 2022 – Cypress Knolls

Denise Duffy & Associates, Inc. (DD&A) is contracted by the City of Marina (City) to provide on -call environmental consulting services for City projects. The City is proposing to conduct demolition activities within the Cypress Knolls project site, as desc ribed in the Cypress Knolls Tentative Tract Map and General Plan Amendment, Environmental Impact Report (EIR) (Firma, 2006) . The City requested that DD&A review the proposed demolition activities associated with the Blight Removal Phase of the Cypress Knol ls Project (project) and identify the relevant biological mitigation measures required from the EIR that are applicable to the project.

Based on our review, t his Compliance Memorandum identifies the relevant biological mitigation measures that shall be implemented to reduce any potentially significant impacts to sensitive biological resources within the site in compliance with the EIR.

Methods
DD&A biologists conducted focused Monterey gilia (Gilia tenuiflora ssp. arenaria) surveys within Cypress Knolls between the months of April and June , between the years 2006 and 2021 following the applicable guidelines outlined in the U.S. Fish and Wildlife Service (Service) Guidelines for Conducting and Reporting Botanical Inventories for Federally listed, Proposed and Candidate Plants (Service, 2000), the California Department of Fish and Wildlife (CDFW) Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Natural Communities (CDFW, 2018), and California Native Plant Society (CNPS) Botanical Survey Guidelines (CNPS, 2001). All special -status plant species identified were mapped using a Trimble Geo 7X GPS unit, which were later digitized using ArcGIS software. Populations of plants with more than five individuals were mapped as a polygon and the density of the population was documented. Densities were recorded as low (1- 33% cover), medium (34-66% cover) and high (67- 100% cover). Individual plants or populations of five or fewer individuals were mapped as a point and a count of the number of individual plants was documented. Populations included all individuals within approximately three feet of another individual; individual plants further away than three feet were mapped as a separate polygon or point. Data collected during the surveys was used to assess the environmental conditions of the project site and its surroundings, evaluate environmental constraints at the site and within the local vicinity, and provide a basis for recommendations to minimize and avoid impacts. Results from these survey efforts are presented in Figure 1.

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105/107 100/102
Monterey Gilia Survey Results 2006-2021
1 in = 200 ft
1 2/16/2022
Path: C:\GIS\GIS Projects\2021-72 City of Marina On-Call\Final Products\Cypress Knolls\Monterey_Gilia.mxd Scale
Date
Denise Duffy & Associates, Inc.

Planning and Environmental Consulting
Figure
0 150 300 Feet Survey Areas
Building Demolition
2006-2021 Monterey Gilia Survey Results
Monterey Gilia = 5 Individuals
Monterey Gilia > 5 Individuals
3rd Avenue
Rendova Road
Booker Street
61 City of Marina Blight Removal 2022 – Cypress Knolls 3 Compliance Memorandum Denise Duffy & Associates, Inc. | 947 Cass Street, Suite 5 | Monterey, CA 93940 | (831) 373 – 4341 | www.ddaplanning.com

Mitigation Measures
The following biological mitigation measures required by the certified EIR shall be implemented during the project:

Monterey gilia
• Mitigation A-4:
o To avoid potential impacts to Monterey gilia until the City-wide Section 2081 ITP is issued, the following mitigation measures shall be implemented prior to the commencement of any ground- disturbing activities within the project site:
 A qualified biologist shall direct the placement of protective fencing surrounding all documented Monterey gilia populations within the project, this may require a survey to be conducted prior to the onset of construction. No construction act ivities shall be allowed within the protective fencing.
 Grading, excavating, and other activities that involve substantial soil disturbance shall be planned and carried out in consultation with a qualified hydrologist, engineer, or erosion control specialist, and shall utilize standard erosion control techniques to minimize erosion and sedimentation in the areas containing all documented Monterey gilia populations within the project.
 No construction equipment shall be serviced or fueled within 50 feet of areas containing all documented Monterey gilia populations within the project.  Irrigation systems shall be designed to minimize runoff or irrigation water into all documented Monterey gilia populations within the project.

o If construction activities must c ommence that will result in “take” of documented Monterey gilia populations within the project , prior to issuance of the City-wide Section 2081 ITP, one of the following measures (at the applicant's option) shall be implemented:
 The project site plan shall be redesigned to eliminate the loss of any Monterey gilia individuals and provide protection for the individuals in perpetuity; or  The project applicant shall obtain a project- specific Section 2081 ITP to mitigate for the “take” of M onterey gilia . The project applicant would be required to comply with the Section 2081 ITP requirements, which may include conservation of existing populations and/or creation/enhancement of suitable Monterey gilia habitat.

Nesting Birds
• Mitigation A-6:
o To mitigate potentially significant impacts to nesting raptors resulting from removal of trees during nesting season (the nesting season is March 1 to September 15), pre-construction (i.e. no more than 30 days prior to construction) surveys for active nests shall be conducted by a qualified biologist within 250 feet of proposed construction activities; pre -c
onstruction surveys are not necessary
outside the nesting season. If active nests are found, a suitable construction buffer shall be established by a qualified biologist until the young of the year have fledged. Alternatively, construction activities that may affect nesting raptors can be timed to avoid the nesting season.

S
pecial-Status Bat Species
• Mitigation A-7:
o Prior to construction (e.g., building demolition and tree removal), a qualified biologist shall survey the Project site for the presence of special-status bat species. If special-status bat species are present, the following measures shall be implemented:
62 City of Marina Blight Removal 2022 – Cypress Knolls 4 Compliance Memorandum Denise Duffy & Associates, Inc. | 947 Cass Street, Suite 5 | Monterey, CA 93940 | (831) 373 – 4341 | www.ddaplanning.com

 Removal of buildings that contain the bats shall not occur if maternity bat roosts are present (typically maternity roosts are present between April 15 and August 1; however, this timeframe does not apply to all species).
 No building removal shall occur within 30 feet of the maternity roost until all young bats have fledged - as determined by a qualified biologist.
 If special-status bats are present but there is not an active maternity roost, the building(s) containing the bats shall not be demolished or removed until the bats have bee n excluded using exclusionary devices under the supervision of a qualified bat specialist.

If you have any comments or questions about this report, please contact me at [email protected] or at (831) 373-4341 ext. 29.

Sincerely,

Patric Krabacher, ISA Certified Arborist 11759
DENISE DUFFY & ASSOCIATES, INC.

References
California Department of Fish and Wildlife. 2018. Protocols for Surveying and Evaluating Impacts to Special Status Native Plant Populations and Sensitive Natural Communities.

California Native Plant Society. 2001. Botanical Survey Guidelines. Available Online at:
http://www.cnps.org/cnps/rareplants/pdf/cnps_survey_guidelines.pdf Firma Consultants, Inc. 2006. Cypress Knolls Tentative Tract Map and General Plan Amendment, Environmental Impact Report.

U.S. Fish and Wildlife Service (Service). 2000. Guidelines for Conducting and Reporting Botanical Inventories for Federally Listed, Proposed, and Candidate Plants. Available online at:
http://www.fws.gov/ventura/speciesinfo/protocols_guidelines/docs/botanicalinventories.pdf U.S. Army Corps of Engineers, Sacram ento District (ACOE). 1997. Installation- Wide Multispecies Habitat Management Plan for Former Fort Ord, California. April 1997. Sacramento, CA. 63 March 7, 2022 Item No. 11b

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

THE CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2022-, ADOPTING

A VEHICLE MILES TRAVELED (VMT) AS A THRESHOLD OF S IGNIFICANCE

FOR THE PURPOSES OF ANALY YZING TR ANSPORATION IMPACTS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SB 743.

RECOMMENDATION: City Council consider

1. Adopting Resolution No. 2022 -, a dopting Vehicle Mile Traveled (VMT ) as a threshold of significance for the p urposes of assessing transportation impacts under the California Environmental Quality Act (CEQA); and

2. Find that the action is exempt from CEQA pursuant to Section 15308 of the CEQA Guidelines.

SUMMARY:

In 2013, SB 743 was signed into law by California Governor Jerry Brown with a goal of reducing Greenhouse Gas (GHG) emissions, promoting the development of infill land use projects and mult imodal transportation networks, and to promote a diversity of land uses within deve lopments. One significant outcome resulting from this statue is th e re moval of automobile delay and congestion, commonly known as level of service (LOS), as a basis for dete rmining significant transportation impacts under the California Environmental Quality Act (CEQA).

BACKGROUND:

CEQA is a state statute that requires public agencies to study and identify potentially significant environmental impacts of proposed projects and avoid or reduce those impacts to a level of insignificance, to the extent feasible.

One component of CEQA is to evaluate future transportation impacts of various projects. Senate Bill (SB) 743, codified in Public Resources Code section 21099, was signed into law in 2013. It required the Governor’s Office of Planning and Research (OPR) to amend the CEQA Guidelines to revise the criteria for determining the significance of transportation impacts, and to provide that automobile delay shall not be considered a significant impact on the environment under CEQA, except in locations specifically identified in the guidelines, if any.

The Legislative intent of SB 743 is to ensure transportation impacts continue to be addressed under CEQA, and to promote statewide goals of public health, infill development, and greenhouse gas reduction. In December 2018, CEQA Guideline section 15064.3 was adopted, identifying the amount and distance of automobile travel attributable to a project, or VMT, as the most appropriate metric for transportation impact analysis. Statewide application of CEQA Guideline section 15064.3 was required beginning July 1, 2020. This is a shift away from the delay-based level of service (LOS) metric that historically has been used for evaluating traffic impacts. The updated state CEQA Guidelines require all California cities to use VMT-based thresholds for CEQA impact analyses. In 2021, the City of Marina hired Kimley-Horn and Associates (transportation consultants) to assist with the necessary work to implement the VMT metric, including updating and running the Association of Monterey Bay Area Governments’ (AMBAG) Transportation Model, mapping, and generating thresholds of significance standards for Marina. That work developed the recommendations contained in this report.

1 The VMT metric considers the distance that new residents or employees of a proposed development project would travel on average as the result of the project. VMT is advantageous to developers proposing compact, mixed-use developments within an established urban limit because it “rewards” a project for being in close proximity to daily destinations such as schools, grocery stores, jobs, and services.

Likewise, projects that are on the far edges of town would more likely have high VMT because daily destinations are further away. If a project generates VMT above the stated thresholds of significance, common ways to reduce VMT on a project level are investments in Transportation Demand Management (TDM) such as transit passes, bike and pedestrian programs, car share, on-site childcare facilities, and other means. Other ways include the construction of or contribution to bike and pedestrian or high-occupancy vehicle projects.

OPR recommends a threshold of significance of 15% below the regional average VMT. SB 743 does not prevent a city or county from continuing to analyze delay or LOS as part of development standards, but it may no longer constitute the basis for CEQA impact and mitigation (Public Resources Code section 21099(e)(4)).

For example, the City may adopt a fair share traffic impact fee, to ensure that new development bears a proportionate share of the cost of capital facilities and other costs necessary to accommodate such development.

PROPOSED VMT POLICY
In recognition of SB 743 and OPR’s VMT recommendations, the recommendations in this report include VMT thresholds, screening criteria, and mitigation to ensure consistency with CEQA Guidelines.

Additionally, the City partnered with Kimley-Horn to develop a VMT Tool that uses the AMBAG model to determine whether a proposed project would create a significant impact. The tool evaluates a project’s anticipated VMT based on its land use type. This was done in compliance with SB 743 and OPR’s “Technical Advisory on Evaluating Transportation Impacts in CEQA”

RECOMMENDED SCREENING CRITERIA
CEQA Guidelines section 15063 and OPR’s “Technical Advisory on Evaluating Transportation Impacts in CEQA” allow for development of screening criteria used to identify when a project should be expected to cause a less-than-significant impact on transportation without conducting a detailed CEQA VMT analysis. The following criteria are recommended by OPR and staff:

Small Projects: If a project generates or attracts less than 110 trips per day and is consistent with the General Plan and Sustainable Communities Strategy, that project may be assumed to cause a less-than-significant transportation impact.

Development in Low-VMT Areas/Map-Based Screening: Maps showing existing VMT values within a city are referred to as heat maps. These maps display colors representing the level of variation from a local or regional VMT reference average for a jurisdiction. The purpose of these heat maps is to determine if a project could be in an area with low existing VMT. OPR advises that residential and office projects in areas of low VMT that are compatible with surrounding development in terms of density, mix of uses, and transit accessibility will tend to exhibit similarly low VMT. These projects would, therefore, be presumed to have a less-than significant VMT impact. OPR guidance suggests using regional as opposed to citywide geographies for reviewing office development, as employees often commute from outside the city boundary to their jobs.

Under the recommended approach for map-based screening, projects located in low VMT areas (zones with VMT that is at least 15% below the regional average VMT) would be presumed to have a less-than-significant transportation impact under CEQA.

Proximity to Transit Stations: Lead agencies should presume that certain projects (including residential, retail, and office projects, as well as projects that are a mix of these uses) proposed within 1/2 mile of an existing major transit stop or an existing stop along a high-quality transit corridor will have a less-than-significant impact on VMT. This presumption would not apply, however, if project-specific or location-specific information indicates that the project will still generate significant levels of VMT, as might be the case if the 2 project has a Floor Area Ratio (FAR) of less than 0.75, includes parking in excess of requirements, is inconsistent with local and regional plans, or replaces affordable units with a smaller number of market rate units. “High quality transit corridor” and “major transit stops” are defined in the Public Resources Code. “Major transit stop” means a site containing an existing rail transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods. A “high quality transit corridor” means a corridor with fixed route bus service with service intervals no longer than 15 minutes during peak commute hours. Affordable Residential Development:

Affordable Housing Development: Adding affordable housing to infill locations improves jobs-housing match, in turn shortening commutes and reducing VMT. Projects that are 100% affordable residential development, or the residential component of a mixed-use development, in infill locations shall be assumed to have a less- than-significant impact on transportation under CEQA. Furthermore, a project which includes any affordable residential units may factor the effect of the affordability on VMT into the assessment of VMT generated by those units.

RECOMMENDED THRESHOLDS OF SIGNIGIFANCE
If a project is not screened out with the criteria outlined above, then it shall be subject to a detailed CEQA VMT Analysis. Should a project exceed the threshold of significance, a menu of accepted transportation demand management (TDM) options is available to reduce the project VMT to an acceptable level. OPR recommends lead agencies use an efficiency metric (reduction per capita or employee) to define thresholds of significance for residential and employment land use projects. OPR suggests that a 15% VMT reduction relative to regional average VMT levels is achievable at the project level for a variety of land uses and is consistent with achieving the State’s climate goals. OPR and staff recommend the following thresholds of significance:

Residential: A proposed project exceeding a level of 15% above the existing countywide average VMT per capita may indicate a significant transportation impact.

Office: A proposed office project exceeding a level of 15% above the below existing countywide average VMT per employee may indicate a significant transportation impact.

Retail: A net increase in total VMT may indicate a significant transportation impact. Note: because new retail development can redistribute some trips rather than create all new trips, estimating the total change in VMT is the best way to analyze retail. Consider that there is currently a popular Store X four miles away. If Store X opens a new store two miles away, trips that would have normally gone further distances to access that store are now making shorter trips.

All other land uses: A net increase in total VMT may indicate a significant transportation impact. Mixed Use Projects: Each component of the mixed-use project shall be evaluated independently and the threshold of significance for each project type shall apply.

Redevelopment: If a redevelopment project results in a lower VMT than the VMT being generated by the existing land use, the project is assumed to have a less-than-significant impact. If the project increases the net overall VMT, the thresholds above should apply.

Finally, it should be noted that the City will update the City’s VMT thresholds and methodology on an as needed basis to reflect changes in CEQA requirements, new methodology development, or refinement of process moving forward. As such, the City shall regularly review these guidelines for applicability, and project sponsors and consultants should contact the City to ensure that they are applying the most recent guidelines for project impact assessment. In summary, the Planning Commission should receive a report and presentation, accept public comment, and provide a recommendation to the City Council.

3 SUMMARY OF VMT POLICY IMPLEMENTATION
In summary, below is a chart that will be helpful to the Planning Commission to understand how City will be implementing the draft VMT policy in the near term.
- Step 1 – Determine if project is ministerial or discretionary - Step 2 – Determine ITE land use
- Step 3 – Screen for Non-Significance Transportation Impact - Step 4 – Determine Significance Threshold and Methodology - Step 5 – Develop Scope Agreement and Complete VMT Analysis - Step 6 – Identify Mitigation Measures
- Step 7 – Monitor Mitigation

FISCAL IMPACT:

The original contract was entered into wit h Kimley Horn Consultant in an amount not to exceed $25,090 to complete th e VMT policy. A contract amendment for $6,350 was proc essed to ensure the con sultant was available at public hearings before the Planning Commission and City Council.

COMMUNITY INPUT
The week of February 2 4, 2022 City staff rec eived comments from Lan d Watch. Their comments were incorporated into the VMT policy and are include as Exhibit E to this staff report.

ENVIRONMENTAL REVIEW:

The adoption of the new lo cal CEQA threshold of significance for transportation impacts will not have a significant environmental impact and therefore is exempt from CEQA pursuant to Section 15308 of the California Code o f Regulations because the action is undertaken by the City for the protection of the environment.

CONCLUSION:

This request is submitted for City Council consideration and comment.

Respectfully submitted,

Guido F. Persicone, AICP
Community Development Director
City of Marina

REVIEWED/CONCUR:

_____________________________
Layne Long
City Manager
City of Marina

Exhibit A-Draft VMT Policy
Exhibit B-Marina VMT Tool
Exhibit C1-VMT Employment Heat Maps
Exhibit C2-VMT VMT Per Capita Heat Maps
Exhibit D-Land Watch Project Comments

4 RESOLUTION NO. 2022-

THE CITY COUNCIL OF THE CITY OF MARINA SHALL ADOPT VEHICLE MILES

TRAVELED (VMT) AS A THRESHOLD OF SIGNIFICANCE FOR THE PURPOSES OF

ANALYZING TRANSPORTATION IMPACTS UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT PURSUANT TO SB 743.

WHEREAS, the State legislature of the State of California adopted the California Environmental Quality Act of 1970 (CEQA), as amended, and codified in Sections 21,000 et seq. of the Public Resources Code; and

WHEREAS, the Legislatu re directed the Secretary of the Natural Resources Agency to prepare State guidelines for the implementation of said act by public agencies; and

WHEREAS, Senate Bill 743, codified in Public Resources Code section 21099, required changes to the CEQA Guidelines requiring the criteria for determining the significance of transportation impacts of projects; and

WHEREAS, CEQA Guidelines section 15064.3 went into effect on July 1, 2020, and it identifies vehicle miles traveled (VMT) as the most appropriate metric to evaluate a project’s transportation impacts; and

WHEREAS, automobile delay, as measured by level of service (LOS), no longer constitutes a significant environmental effect under CEQA. SB 743 does not prevent a city or county from continuing to analyze delay or LOS as part of development standards, but it may no longer constitute the basis for CEQA impact and mitigation. (Public Resources Code section 21099(e)(4)); and

WHEREAS, CEQA Guidelines section 15064.7(a) defines a threshold of significance as an identifiable quantitative, qualitative or performance level of a particular environmental effect, noncompliance with which means the effect will normally be determined to be sign ificant by the agency and compliance with which means the effect normally will be determined to be less than significant; and

WHEREAS, CEQA Guidelines section 15064.7(b) requires that threshold of significance be adopted by ordinance, resolution, rul e or regulations, developed through a public review process and be supported by substantial evidence; and

WHEREAS, the City is adopting this VMT Policy to bring the City’s transportation analysis methodology in line with state goals pursuant to SB 743; and

WHEREAS, the Planning Commission hosted a public meeting on Februar y 24, 2022, to review the policy and adopted a resolution in support of this policy; and

WHEREAS, on February 23, 2022, the City of Marina received comments from Land Watch which have been incorporated herein and included as Exhibit E (Public Comments) to the staff report.

WHEREAS, the City Council reviewed the policy at a duly noticed public hearing dated March 15, 2022; and

WHEREAS, the City Council finds and determines, based upon staff and consultant reports and research as well as testimony in th e record, that the revised CEQA thresholds of significance under consideration are consistent with State requirements as to how transportation impacts should be evaluated for purposes of CEQA review of projects. The revised thresholds are based upon the VM T metric that is specifically required in CEQA Guidelines section 15064.3. Additionally, the City’s policy is consistent with and based upon review of the Governor’s Office of Planning and Research (OPR) guidance.

5 Resolution No. 2022
Page Two

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

1. Adopt Vehicle Mile Traveled (VMT) as a threshold of significance for th e purposes of assessing transportation impacts under the California Environmental Quality Act (CEQA).

2. Find that the action is exempt from CEQA pursuant to Section 15308 of the CEQA Guidelines.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 15th day of March, 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

6 1 SB 743 Implementation
August 2020
DRAFT SB 743 Implementation Guidelines
City of Marina
March 7, 2022

1.0 Background
In 2013, SB 743 was signed into law by California Governor Jerry Brown with a goal of reducing Greenhouse Gas (GHG) emissions, promoting the development of infill land use projects and multimodal transportation networks, and to promote a diversity of land uses within developments. One significant outcome resulting from this statue is the removal of automobile delay and congestion, commonly known as level of service (LOS), as a basis for determining significant transportation impacts under the California Environmental Quality Act (CEQA).

The Governor’s Office of Planning and Research (OPR) selected Vehicle Miles Traveled (VMT) as the principal measure to replace LOS for determining significant transportation impacts. VMT is a measure of total vehicular travel that accounts for the number of vehicle trips and the length of those trips. OPR selected VMT, in part, because jurisdictions are already familiar with this metric. VMT is already used in CEQA to study other potential impacts such as GHG, air quality, and energy impacts and is used in planning for regional Sustainable Communities Strategies (SCS).

VMT also allows for an analysis of a project’s impact throughout the jurisdiction rather than only in the vicinity of the proposed project allowing for a better understanding of the full extent of a project’s transportation-related impact. It should be noted that SB 743 does not disallow the City of Marina to use LOS for other planning purposes outside the scope of CEQA.

2.0 Use of This Document
Note that although this document includes footnotes and references to other documents, this document has been developed to serve both as the basis of SB 743 implementation and VMT analysis within the City. Accordingly, the document does not require the reader to reference the footnotes unless they are interested in understanding the technical basis of elements of this document’s preparation. Analysis guidelines are separated into two distinct approaches, those that relate to land use projects (Section 3.0) and those that relate to transportation improvement projects (Section 4.0). If a project includes both land use and transportation improvement elements, analysis would be required to be carried out for both.

3.0 Land Use Projects
An approach to identify transportation impacts under CEQA for land-use that closely align with guidance provided within the OPR Technical Advisory on Evaluating Transportation Impacts in CEQA (2018). While the OPR guidance related to SB 743 has been a helpful introduction to using VMT to evaluate projects, it does not provide a complete solution. There are a multitude of complex practical issues that are not addressed by the OPR guidance. OPR Guidance does not specifically address land uses beyond residential, office and retail, and it provides latitude on some elements of implementation. In response

EXHIBIT A
7 2 SB 743 Implementation
August 2020

to this, a specific series of analysis steps for SB 743 project evaluation have been developed to clarify requirements and reduce potential confusion. Exhibit 1 provides a graphical representation of this analysis process.

EXHIBIT A
8 3 SB 743 Implementation
August 2020

Exhibit 1 – Process for CEQA VMT Analysis for Land Use Projects

EXHIBIT A
9 4 SB 743 Implementation
August 2020

Step 1: Determine Land Use Type
During the initial step, land use projects will need to be evaluated for the following considerations:
▪ Land use type. For the purposes of analysis, the Institute of Transportation Engineers (ITE) land use codes serve as the basis of land use definitions. Although it is recognized that VMT evaluation tools and methodologies are typically not fully sensitive to some of the distinctions between some ITE categories, the use of ITE land use codes is useful for maintaining consistency across analyses, determining trip generation for other planning level tools, and maintaining a common understanding of trip making characteristics amongst transportation professionals. The ITE land use code is also used as an input into the VMT Analysis Tool ▪ Mixed Use. If there are multiple distinct land uses within the project (residential, office, retail, etc.), they will be required to be analyzed separately unless they are determined to be insignificant to the total VMT. Mixed use projects are permitted to account for internal capture which depending on the methodology may require a distinct approach not covered in this documentation. This analysis would be the responsibility of the applicant and will need to be prepared by a qualified transportation professional and approved by the City of Marina. ▪ Redevelopment projects. As described under the Non-Significant Screening Criteria section, redevelopment projects which have lower VMT than the existing on-site use can be determined to have a non-significant impact.

Step 2: Screen for Non-Significant Transportation Impact The purpose of this step is to determine if a presumption of a non-significant transportation impact can be made on the facts of the project. The guidance in this section is primarily intended to avoid unnecessary analysis and findings that would be inconsistent with the intent of SB 743. A detailed CEQA transportation analysis will not be required for land use elements of a project that meet the screening criteria shown in Exhibit 2. Note that as the lead agency, the City will make the ultimate determination as to the whether the presumption of a non-significant transportation impact is appropriate for a given project. If a project has multiple distinct uses (residential, office, retail, etc.), only those elements of the project that are not screened out would require further evaluation to determine transportation significance for CEQA purposes.

EXHIBIT A
10 5 SB 743 Implementation
August 2020

Exhibit 2 – Screening Criteria
Screening Criteria OPR Guidance
Small Projects1
This applies to projects
with low trip
generation per existing
CEQA exemptions.

Note that this includes
any land use type
(residential, office,
etc.)
Presumed to cause a less-than-significant impact:
▪ Project generation is less than 110 trips per day per the ITE Manual or other acceptable source determined by City of Marina Unless:
▪ It is inconsistent with the Sustainable Communities Strategy as determined by the City of Marina
Projects Near High
Quality Transit2
High quality transit
provides a viable
option for many to
replace automobile
trips with transit trips
resulting in an overall
reduction in VMT.

Presumed to cause a less-than-significant impact:
▪ Within a ½ mile of an existing major transit stop (maintains a service interval frequency of 15 minutes or less during the morning and afternoon peak commute periods).

Unless:
▪ Has a Floor Area Ratio (FAR) of less than 0.75; or
▪ Includes more parking, excluding on-street parking, for use by residents, customers, or employees of the project than required by the City of Marina zoning code; or
▪ It is inconsistent with the Sustainable Communities Strategy as determined by the City of Marina; or
▪ Replaces affordable residential units with a smaller number of moderate- or high-income residential units
Local-Serving Retail3
The introduction of
new Local-serving
retail has been
determined to reduce
VMT by shortening
trips that will occur out
of necessity (groceries,
other essentials, etc.).

Presumed to cause a less-than-significant impact:
▪ No single store on-site exceeds 50,000 square feet; and ▪ Project is local-serving as determined by the City of Marina Unless:
▪ The nature of the service is regionally focused as determined by the City of Marina

1 2018 OPR Guidance, page 12
2 2018 OPR Guidance, page 13
3 2018 OPR Guidance, page 16

EXHIBIT A
11 6 SB 743 Implementation
August 2020

Exhibit 2 – Screening Criteria
Screening Criteria OPR Guidance
Affordable Housing4
Lower-income
residents make fewer
trips on average,
resulting in lower VMT
overall.

Presumed to cause a less-than-significant impact:
▪ A high percentage of affordable housing is provided as determined by the City of Marina
Unless:
▪ The percentage of affordable housing is determined by the City of Marina to not be high in relation to the residential element of a project
Local Essential
Service5
As with Local-Serving
Retail, the introduction
of new Local Essential
Services shortens non-
discretionary trips by
putting those goods
and services closer to
residents, resulting in
an overall reduction in
VMT.

Presumed to cause a less-than-significant impact:
▪ Building is less than 50,000 square feet: and
▪ Land Use is :
• Day care center; or
• Public K-12 School; or
• Police or Fire facility; or
• Medical/Dental office building; or
• Government offices (in-person services such as post office, library, and utilities)
Unless:
▪ The nature of the service is regionally focused as determined by the City of Marina
Map-Based Screening
This method
eliminates the need for
complex analyses, by
allowing existing VMT
data to serve as a basis
for the screening
smaller developments.

Presumed to cause a less-than-significant impact:
▪ Area of development is under threshold as shown on screening map as allowed by City of Marina
Unless:
▪ Represent significant growth as to substantially change regional travel patterns as determined by the City of Marina

4 2018 OPR Guidance, page 14. As described, “Evidence supports a presumption of less than significant impact for a 100 percent affordable residential development (or the residential component of a mixed-use development) in infill locations. Lead agencies may develop their own presumption of less than significant impact for residential projects (or residential portions of mixed-use projects) containing a particular amount of affordable housing, based on local circumstances and evidence.” 5 Based on assumption that, like local-serving retail, the addition of necessary local in-person services will reduce VMT given that trips to these locations will be made irrespective of distance given their non-discretionary nature.

EXHIBIT A
12 7 SB 743 Implementation
August 2020

Exhibit 2 – Screening Criteria
Screening Criteria OPR Guidance
Note that screening is
limited to residential
and office projects.

Redevelopment
Projects6
Projects with lower
VMT than existing on-
site uses, can under
limited circumstances,
be presumed to have a
non-significant impact.

In the event this
screening does not
apply, projects should
be analyzed as though
there is no existing
uses on site (project
analysis cannot take
credit for existing
VMT).

Presumed to cause a less-than-significant impact:
▪ Project replaces an existing VMT-generating land use and does not result in a net overall increase in VMT
Unless:
▪ The project replaces an existing VMT-generating land use and results in a net overall increase in VMT

6 2018 OPR Guidance, Page 18

EXHIBIT A
13 8 SB 743 Implementation
August 2020

Step 3: Determine Significance Threshold and Methodology The purpose of this step is to determine the threshold of significance for application to a land use project. Significance thresholds are based on land use type, broadly categorized as efficiency and net change metrics. Efficiency metrics include VMT/Capita and Work VMT/employee7. As described in Exhibit 3, “Net Change” refers to the net change in regional VMT. “Net Change” is used for elements that include a significant customer base, such as commercial uses, although it can extend to a variety of uses that have similar characteristics.

Exhibit 3 - Significance Threshold and Methodology
Example Details Efficiency Net Change
Example Land Use Residential, Professional Office,
Industrial
Retail, Medical Office, Sports
Venue
Example VMT Thresholds Per capita, per employee Region VMT change Customer Component No Yes
Allowable Methods
Non-Significant Screening Criteria,
The City of Marina VMT Analysis
Tool, Travel Demand Model, Other
methods as deemed appropriate by
the City of Marina
Non-Significant Screening
Criteria, Travel Demand Model,
Other methods as deemed
appropriate by the City of Marina

For projects with a significant customer base it is typically appropriate to separate employee trip characteristics from the customer base unless the customer base is minimal in nature. Under these circumstances, it is most appropriate to evaluate the total of the delta in regional VMT resultant from the customer base plus the delta of VMT resultant from employees based on the following formula:
(number of employees) x (estimated VMT/employee – threshold VMT/employee) The threshold of significance will accordingly correspond to the “Net Change” threshold as described in Exhibit 3. Under these circumstances, it is most appropriate to evaluate this total Net Change as the basis for evaluating the outcome of mitigations in terms of determining transportation significance although each element of the project should be tallied separately for the purposes of clarity.

As provided for under Allowable Methods, note that some projects may require approaches and analysis methods not described within this document given their unique locations or that the proposed land use is not appropriately represented in the AMBAG Travel Demand Model. This can also be the case if there is unique data associated with a project such as a market study or other relevant data.

7 Work VMT specifically applies to commute trips as represented by the attractions in the Travel Demand Model. Refer to Appendix A for additional information

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VMT Thresholds of Significance
OPR suggests a 15 percent VMT reduction relative to existing local or regional average VMT levels. The thresholds of significance recommended by OPR, as they relate to the City of Marina, are summarized in Exhibit 4.

Exhibit 4 - OPR suggested VMT Thresholds of Significance Land Use OPR Guidance8
Residential 15% below existing city-wide average VMT per capita Office 15% below existing county-wide average VMT per employee Retail Net increase in regional VMT

Based on these criteria the VMT thresholds of significance shown in Exhibit 5 have been established.

Exhibit 5 - VMT Thresholds of Significance
Land Use VMT Threshold Basis
Residential 10.9 VMT/capita9 15% below existing city-wide average VMT per capita.

Office 6.6 Work VMT/Employee10 15% below existing county-wide average Work VMT per employee
Retail Net regional change Using the county as the basis Other
Employment Work VMT/Employee11 15% below existing county-wide average Work VMT per employee for similar land uses
Other
Customer Net regional change Using the county as the basis

Note that the inclusion of “Other Employment” and “Other Customer” refers to all other service and goods providers that are not included in the office/retail categories. As shown they follow a similar approach to the office/retail categories with the principal difference being that the average/basis for of the threshold would the aggregation of the specific “other” land use across the county (i.e. an industrial project would use industrial uses, etc.).

Based on improvements to methods and data as well as other modeling modifications there will be periodic updates to the numerical threshold values shown, however the relative approach for calculating them should remain the same. The values in the current VMT Analysis Tool, discussed in the

8 2018 OPR Guidance, Pages 15-16
9 Residential VMT specifically applies to all Home-Based trips residential trips as represented in the Travel Demand Model. Refer to Appendix A for additional information.
10 Work VMT specifically applies to commute trips as represented in the Travel Demand Model. Refer to Appendix A for additional information 11 Work VMT specifically applies to commute trips as represented in the Travel Demand Model. Refer to Appendix A for additional information

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next section, will supersede the information provided in the table above. Additional thresholds for various employment types are also provide in the VMT Analysis Tool.

VMT Analysis Tool
The City of Marina has developed a VMT Analysis Tool for use in SB 743 land use project analysis. The purpose of the tool is to calculate VMT for a land use project. As with any VMT Analysis Tool, there are distinct limitations in terms of its application including limits on the type and size of development that can be applied to. Note that it is anticipated that the tool will continue to evolve in response to data or methodological changes and as such it is important that the most current version of the tool be utilized.

Broadly, the VMT Analysis Tool provides the following information:
▪ Institute of Transportation Engineers (ITE) Trip Generation ▪ VMT Threshold Analysis
▪ Greenhouse Gas (GHG) Estimation
▪ Transportation Demand Management (TDM) Evaluation
The VMT Analysis methodology is summarized in Appendix A.

Step 4: Scope of Analysis Agreement
Prior to undertaking VMT analysis, a scope compliant with the City of Marina’s requirements must be prepared by the project applicant and submitted to the City for approval. Given the potential complexities of some uses, particularly those not identified as residential, retail, or office, an agreement regarding the threshold and methodology is important to avoid analysis that is not compliant with the City of Marina’s requirements.

Step 5: Analysis and Mitigation
During this step, the analysis agreed to under Step 4 should be completed. Relevant documentation providing enough detail that assumptions are clearly understandable, and methods that can be replicated should be provided along with the results of the VMT analysis for the proposed project.

If a significant transportation impact is identified, feasible mitigation measures to avoid or reduce the impact must be identified. CEQA requires that mitigation measures are included in the project’s environmental assessment. OPR provides a list of potential measures to reduce VMT but gives the lead agency (the City of Marina in this case) full discretion in the selection of mitigation measures.

The type and size of the project will determine the most appropriate mitigation strategies for VMT impacts. For large projects such as general plans or specific plans, VMT mitigations should concentrate on the project’s density and land use mix, site design, regional policies, and availability of transit, bicycle, and pedestrian facilities. For smaller projects such as an individual development project, VMT mitigations will typically require the preparation of a transportation demand management (TDM) program. A TDM program is a combination of strategies to reduce VMT. The program is created by an applicant for their land use project based on a list of strategies agreed to with the City of Marina.

The City of Marina has developed a list of potential TDM strategies appropriate for their jurisdiction and what magnitude of VMT reduction could be achieved. The selection process was guided by the California

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Air Pollution Control Officers Association (CAPCOA) recommendations found in the 2010 publication Quantifying Greenhouse Gas Mitigation Measures. The area context of the City of Marina also influenced the type of TDM strategies that were selected. CAPCOA has found strategies with the largest VMT reduction in rural areas include vanpools, telecommute or alternative work schedules, and master planned communities with design and land-use diversity to encourage intra-community travel. Based on empirical evidence, CAPCOA found the cross-category maximum for all transportation-related mitigation measures is 15% for suburban settings.

Appendix B summarizes available TDM strategies along with the maximum VMT reduction, applicable land use application, and complementary strategies. The City of Marina’s VMT Analysis Tool includes the TDMs summarized in Appendix B. Note that it should not be assumed that a project implementing these measures would in fact attain that maximum percentage reduction. The actual VMT reduction for a project should be based on project-specific analysis using the analytic tools and methods identified in the CAPCOA guidance. Note also, that the percentage VMT reductions from multiple mitigation measures may not be additive. The actual VMT reduction should be based on project-specific analysis using the analytic tools and methods identified in the CAPCOA guidance, including CAPCOA's caps on attainable maximum VMT reductions where multiple mitigation measures are adopted Step 6: Mitigation Monitoring
As required by CEQA, the City of Marina will require ongoing mitigation monitoring and reporting. The specifics of this will be developed on a project basis.

4.0 Transportation Projects
Depending on the specific nature of a transportation project; it can alter trip patterns, trip lengths, and even trip generation. Research has determined that capacity-enhancing projects can and often do increase VMT. This phenomenon is commonly referred to as “induced demand”. The result of these increases in VMT can often both be measured in congestion increases and negative impacts to air quality including GHG emissions. While methods are generally less developed for the analysis of induced demand compared to other areas of transportation analysis, there is still the need to quantify and understand its impact to the transportation system considering the requirements of SB 743.

Similarly, to land use projects, the approach to transportation project analysis closely align with the 2018 OPR Guidance. In terms of analysis, the analyst should first determine whether the transportation project has been prescreened and determined to have a non-significant impact as described in the following section.

Screen for Non-Significant Transportation Impact
At the discretion of the City of Marina, the following improvements maybe presumed to result in a non- significant impact12:

1. Rehabilitation, maintenance, replacement, safety, and repair projects designed to improve the condition of existing transportation assets (e.g., highways; roadways; bridges; culverts;

12 2018 OPR Guidance, Page 20

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2. Transportation Management System field elements such as cameras, message signs, detection, or signals; tunnels; transit systems; and assets that serve bicycle and pedestrian facilities) and that do not add additional motor vehicle capacity

3. Roadside safety devices or hardware installation such as median barriers and guardrails

4. Roadway shoulder enhancements to provide “breakdown space,” dedicated space for use only by transit vehicles, to provide bicycle access, or to otherwise improve safety, but which will not be used as automobile vehicle travel lanes

5. Addition of an auxiliary lane of less than one mile in length designed to improve roadway safety

6. Installation, removal, or reconfiguration of traffic lanes that are not for through traffic, such as left, right, and U-turn pockets, two-way left turn lanes, or emergency breakdown lanes that are not utilized as through lanes

7. Addition of roadway capacity on local or collector streets, based on the City’s functional classification, provided the project also substantially improves conditions for pedestrians, cyclists, and, if applicable, transit

8. Conversion of existing general-purpose lanes (including ramps) to managed lanes or transit lanes, or changing lane management in a manner that would not substantially increase vehicle travel

9. Addition of a new lane that is permanently restricted to use only by transit vehicles

10. Reduction in number of through lanes

11. Grade separation to separate vehicles from rail, transit, pedestrians or bicycles, or to replace a lane in order to separate preferential vehicles (e.g., HOV, HOT, or trucks) from general vehicles

12. Installation, removal, or reconfiguration of traffic control devices, including Transit Signal Priority (TSP) features

13. Installation of traffic metering systems, detection systems, cameras, changeable message signs and other electronics designed to optimize vehicle, bicycle, or pedestrian flow

14. Timing of signals to optimize vehicle, bicycle, or pedestrian flow

15. Installation of roundabouts or traffic circles

16. Installation or reconfiguration of traffic calming devices

17. Adoption of or increase in tolls

18. Addition of tolled lanes, where tolls are sufficient to mitigate VMT increase

19. Initiation of new transit service

20. Conversion of streets from one-way to two-way operation with no net increase in number of traffic lanes

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21. Removal or relocation of off-street or on-street parking spaces

22. Adoption or modification of on-street parking or loading restrictions (including meters, time limits, accessible spaces, and preferential/reserved parking permit programs)

23. Addition of traffic wayfinding signage

24. Rehabilitation and maintenance projects that do not add motor vehicle capacity

25. Addition of new or enhanced bike or pedestrian facilities on existing streets/highways or within existing public rights-of-way

26. Addition of Class I bike paths, trails, multi-use paths, or other off-road facilities that serve non- motorized travel

27. Installation of publicly available alternative fuel/charging infrastructure

28. Addition of passing lanes, truck climbing lanes, or truck brake-check lanes in rural areas that do not increase overall vehicle capacity along the corridor Significance Threshold and Methodology
For projects that increase roadway capacity and are not identified under the Non-Significant Screening Criteria in the prior section, the significance criterion should be change in regional VMT. A finding of a significant impact would be determined if a transportation project results in a net increase in regional VMT. As a practical matter, any roadway with more than a quarter mile in new roadway travel lane (through lanes) should be evaluated for induced demand. A competent transportation professional will be required to provide a basis for this evaluation that considers available data, roadway context, and tools. Depending on the location and nature of the roadway this may be best accomplished using a the AMBAG Travel Demand Model.

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Appendix A
VMT Analysis Methodology
Travel Demand Models (TDMs) are broadly considered to be amongst the most accurate of available tools to assess regional and sub-area VMT. The Association of Monterey Bay Area governments (AMBAG) maintains the regional travel demand model as a part of the Metropolitan Transportation Plan/Sustainable Communities Strategy program (MTP/SCS) that includes Monterey County and the City of Marina. The latest available version of the AMBAG TDM was developed in 2018.

The 2018 Base Year model scenario was used for the baseline conditions and 2040 Future Year model scenario was used for the cumulative conditions in the City. The incorporated cities included in the model are major contributors of the trips throughout Monterey County during a typical weekday.

As many of AMBAG Region’s daily trips originate from or are destined for areas outside of the County such as the Bay area and Santa Clara County (external trips), their total length could not be computed solely using the AMBAG TDM, additional analysis was required. The length of these trips was determined using two main processes, using Big Data and AMBAG TDM output files. Data was obtained from Teralytics that summarized the number of trips to and from the AMBAG Region to the surrounding Counties at the Census Tract level for the entire month of October 2019. The distance between each Census Tract was determined by using the TransCAD software, the modeling platform the AMBAG TDM runs on. The multipath analysis function within the TransCAD software was used to determine the point to point distance between the centroid of each Census Tract using the internal pathing algorithm that determines the shortest path along the roadway network between the centroid of each Census Tract pair. The shortest path between each AMBAG Region Census Tract and each non-AMBAG Region Census Tract that contained at least one trip was multiplied by the share of the total trips to and from each Census Tract within the AMBAG Region to determine the average trip length to and from Census Tracts.

The average trip length was applied to each TAZ based on the TAZ to Census Tract association and multiplied by the number of external trips to and from that TAZ to determine the total external VMT by TAZ.

Model Zone Structure
VMT was computed at Traffic Analysis Zone (TAZ) level to determine the thresholds as well as to allow for comparisons among different areas throughout the County.

Socio-Economic Data
Socioeconomic data (SED) and other model inputs are associated with each TAZ. Out of several different variables in the model SED, the VMT analysis mainly focused on population, the number of households, the number of students, and types of employment that are used in the trip generation component. VMT computation was focused on the number of households in each TAZ and employment variables by 6 industries to determine rest of the trips. Employment variables used in the model are listed below.

Employment by Industry type:

1. Agriculture

2. Construction

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3. Industrial and Manufacturing

4. Retail and Food

5. Service (White Collar, non-government jobs)

6. Public Administration (Government jobs)
Trip Generation
The AMBAG TDM runs a series of complex steps to estimate daily trip productions and attractions by various trip purposes for each TAZ. The trip purposes are listed below.

Model Trip Purpose:

1. Home-Based Work (HBW)

2. Home-Based Shopping (HBShop)

3. Home-Based School, K-12 (HBSchool)

4. Home-Based University (HBUniv)

5. Home-Based Other (HBOther)

6. Non-Home-Based Work (NHBW)

7. Non-Home-Based Other (NHBO)

8. Visitor Shop

9. Visitor Tourist
The production model uses several variables such as number of workers, household income, age, household size and car availability depending on the trip purpose. Trip productions for every TAZ in the model were compiled separately by each trip purpose. The attraction model uses employment categories for the HW trip purpose, whereas it uses the employment categories and number of students (K-12 and University) for all non-HW trip purposes. The attraction model estimates trip attractions to each TAZ by regression coefficients that vary by employment type. Trip attractions for every TAZ were compiled by each purpose and by each employment type based on these regression coefficients.

Person Trips, Vehicle Occupancy, Trip Distance
Trip productions and attractions were compiled after the mode choice step, and only auto trips were used for the analysis. After the vehicle trip productions and attractions were computed for each trip purpose, trip lengths were applied for each zone pair from the skim matrices in the model to compute the production and attraction VMT by purpose.

VMT by Land Use Type
The residential VMT was computed by combining the production VMT for all the Home-Based trip purposes. VMT for non-residential land uses was computed from the attraction VMT by appropriate trip purposes and regression coefficients used in the attraction model.

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Residential and non-residential VMT by each TAZ were computed and average VMT were determined by City, County and Region levels to determine the City’s thresholds.

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Appendix B
City of Marina
TDM
Measure
#
Transportation
Demand
Management
Measure
Description TDM Type Max VMT
Reduction
VMT
Reduction
Type
Transit Strategies
1 Transit Stops
Coordinate with local transit
agency to provide bus stop
near the site. Real time
transportation information
displays support on-the-go
decision making to support
sustainable trip making. Only
get a reduction on a non-HQT
line, cannot get both.

Infrastructure 3% All
2 Safe and Well-Lit
Access to Transit
Enhance the route for people
walking or bicycling to nearby
transit (typically off-site).

Provide Emergency 911
phones along these routes to
enhance safety.

Infrastructure 1% All
3 MST Trolley
Implement project-operated or
project-sponsored
neighborhood shuttle serving
residents, employees, and
visitors of the project site.

Incentive 13.4% All
4 Transit Subsidies
Involves the subsidization of
transit fare for residents and
employees of the project site.

This strategy assumes transit
service is already present in
the project area.

Incentive 20% All
Pays for employees to use
local transit. This could either
be a discounted ticket or a full-
reimbursed transit ticket.

Include Trolley considerations.

Communication & Information Strategies

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City of Marina
TDM
Measure
#
Transportation
Demand
Management
Measure
Description TDM Type Max VMT
Reduction
VMT
Reduction
Type
5 Mandatory
Travel Behavior
Change Program
Involves the development of a
travel behavior change
program that targets
individuals’ attitudes, goals,
and travel behaviors,
educating participants on the
impacts of their travel choices
and the opportunities to alter
their habits. Provide a web site
that allows employees to
research other modes of
transportation for commuting.

Employee-focused travel
behavior change program that
targets individuals attitudes,
goals, and travel behaviors,
educating participants on the
impacts of their travel choices
and the opportunities to alter
their habits.

Incentive 4% All
6 Promotions &
Marketing
Involves the use of marketing
and promotional tools to
educate and inform travelers
about site-specific
transportation options and the
effects of their travel choices
with passive educational and
promotional materials.

Marketing and public
information campaign to
promote awareness of TDM
program with an on-site
coordinator to monitor
program.

Incentive 4% All
Commuting Strategies
7 Employer
Sponsored
Vanpool or
Shuttle
Implementation of employer-
sponsored employee vanpool
or shuttle providing new
opportunities for access to
connect employees to the
project site.

Incentive /
Infrastructure 13.4% All

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City of Marina
TDM
Measure
#
Transportation
Demand
Management
Measure
Description TDM Type Max VMT
Reduction
VMT
Reduction
Type
8 Emergency Ride
Home (ERH)
Program
Provides an occasional
subsidized ride to commuters
who use alternative modes.

Guaranteed ride home for
people if they need to go home
in the middle of the day due to
an emergency or stay late and
need a ride at a time when
transit service is not available.

Ecology Action is preferred
vendor. This supplemental to
the other trip reduction
strategies. ADD to 5 and 6
Incentive 9% Commute
9 On-site
Childcare
Provides on-site childcare to
remove the need to drive a
child to daycare at a separate
location.

Infrastructure 2% All
10 Telecommuting
Four-Ten work schedule
results in 20% weekly VMT
reduction, 10% trip reduction
equals 15% VMT reduction
Incentive 20% All
11 Alternative work
schedule
Alternative Fridays off (Nine-
Ten schedule) Incentive 10% All
Shared Mobility Strategies
12 Mandatory Ride
Amigos-Share
Program
Increases vehicle occupancy
by providing ride-share
matching services, designating
preferred parking for ride-
share participants, designing
adequate passenger
loading/unloading and waiting
areas for ride-share vehicles,
and providing a website or
message board to connect
riders and coordinate rides.

Need a point person form the
business on-site
Incentive 15% Commute

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City of Marina
TDM
Measure
#
Transportation
Demand
Management
Measure
Description TDM Type Max VMT
Reduction
VMT
Reduction
Type
13 Employee/Emplo
yer Car Share
Implement car sharing to allow
people to have on-demand
access to a vehicle, as-
needed. This may include
providing membership to an
existing program located within
1/4 mile, contracting with a
third-party vendor to extend
membership-based service to
an area, or implementing a
project-specific fleet that
supports the residents and
employees on -site.

Incentive 0.7% All
Provide an on-site car vehicle
for employees to use for short
trips. This allows for
employees to run errands or
travel for lunch.

Incentive 2% Commute
14 Designated
Parking Spaces
for Car Share
Vehicles
Reserved car share spaces
closer to the building entrance. Infrastructure 1% All
15 School Carpool
Program
Implements a school carpool
program to encourage ride-
sharing for students.

Incentive 15.8% School
Bicycle Infrastructure Strategies
16 Bike Share Developer on-site bike share
facilities
Incentive /
Infrastructure 7% All
17 Implement/Impro
ve On-street
Bicycle Facility
Implements or provides
funding for improvements to
corridors and crossings for
bike networks identified within
a one-half mile buffer area of
the project boundary, to
support safe and comfortable
bicycle travel.

Infrastructure 0.625% All
18 Include Bike
Parking in
excess of City
Code
Implements long-term bicycle
parking to support safe and
comfortable bicycle travel by
providing parking facilities at
destinations
Infrastructure 0.625% All
19 Implements additional end-of-
trip bicycle facilities to support Infrastructure 0.625% All

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City of Marina
TDM
Measure
#
Transportation
Demand
Management
Measure
Description TDM Type Max VMT
Reduction
VMT
Reduction
Type
Include Secure
Bike Parking and
Showers
safe and comfortable bicycle
travel. 4% Commute
Neighborhood Enhancement Strategies
20 Neighborhood
Improvement
Projects
Implements neighborhood
improvement measures
throughout and around the
perimeter of the project site
that encourage people to walk,
bike, or take transit within the
development and to the
development from other
Infrastructure 1% All
21 Pedestrian
Network
Improvements
Implements pedestrian
network improvements
throughout and around the
project site that encourages
people to walk.

Infrastructure 2% All
Miscellaneous Strategies
22 Virtual Care
Strategies for
Hospitals/Health
care
providers/MOB/C
linic
Resources to allow patients to
access healthcare services or
communicate with healthcare
staff through online or off-site
programs.

Infrastructure 15% Hospital
Visitors
23 On-site
Affordable
Housing
Provides on-site affordable
housing in excess of
inclusionary rates % of units is
the % reduction developer can
get.

Infrastructure 4% All
Parking Strategies
24 Reduce Parking
Supply
Changes on-site parking
supply to provide less than the
amount required by municipal
code. Permitted reductions
could utilize mechanisms such
as TOC, Density Bonus, Bike
Parking ordinance, or locating
in a Specific Plan Area.

Infrastructure 12.5% All
25 Parking Cash-
Out
Provide employees a choice of
forgoing current parking for a
cash payment to be
determined by the employer.

The higher the cash payment,
the higher the reduction.

Incentive 7.7% Commute

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City of Marina
TDM
Measure
#
Transportation
Demand
Management
Measure
Description TDM Type Max VMT
Reduction
VMT
Reduction
Type
26 Residential Area
Parking Permits
Implementation of residential
permit parking zones for long-
term use of on-street parking
in residential areas.

Incentive 0.25% All

EXHIBIT A
28 EXHIBIT B
29 UPDATED EXHIBIT C1
30 UPDATED EXHIBIT C2
31 EXHIBIT D
32 EXHIBIT D
33 EXHIBIT D
34 EXHIBIT D
35 EXHIBIT D
36

Marina City CouncilMarch 15, 2022

Marina City Council
March 15, 2022