Agenda — Marina City Council, June 21, 2022 (part 1 of 2)

AGENDA

Tuesday, June 21, 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 2022-54, 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 May 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, June 21, 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 positive 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 SESS ION: As permitted by Government Code Sect ion 54956 et seq., the (City Council, A irport C ommissioners, 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. Performance Evaluation of Public Employee, Unrepresented Employee (CA Govt.

Code Section 54957(b)(1) – City Manager
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:
a Civil Disobedience Day Proclamation
b Blue Zone Presentation

Agenda for City Council Meeting of Tuesday, June 21, 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 S uccessor Agency of the former Redevelopment Agency on all matters 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 quest ion 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 Marina Redevelopment Agency and placed at the end of Other Action Items Successor Agency to the former Marina Redevelopment Agency.

Brown Act (California Go vernment Code §§54950 -54963, making c ertain findings; and authorizing the city to continue to i mplement remote teleconferenced public meetings of the City Council and its constituent bodies for the period June 21, 2022, through July 30, 2022.
(2) City Council consider adopting Resolution No . 2022-, authorizing release of a Request for Proposals for Consultant Ser vices to prepare a comprehensive General Plan Update and accompanying zoning code and map updates, a nd appropriate CEQA r eview; and authorizing t he Finance Director to make necessary budget and accounting entries; and authorizing the City Manager to execute agreement on behalf of the City su bject to final review and approval by the City Attorney.
(3) City Council consider adopting Resolution No. 202 2-, approving estimated cost for service for calendar year 2022, Fourth of July activities ; and setting cost recovery surcharge at six (6%) percent for calendar year 2022 pursuant to Marina Municipal Code Section 15.32.580.

Agenda for City Council Meeting of Tuesday, June 21, 2022 Page 4

g. APPROVAL OF AGREEMENTS:
(1) City Council consider adopti ng Resolution No. 2022 -, approving a Public Improvement Agreement for Sea Haven Phase 4A between the City of Marina and the Contracting Parties of 104 Investments, LLC, Locans Investments, LLC, Wathen Castanos Peterson Homes, Inc., Wathen Castanos P eterson Coastal, LP, and Marina D evelopers, Inc., and authorizing the City Manager t o execute the Public Improvement Agreement on behalf of the City subject to final review and approval by the City Attorney.
(2) City Council consider adopting Resolution No. 2022-, authorizing the City Manager to enter into a lease agreement with the Transportation Agency for Monterey County for segments of the Monterey Bra nch Line corridor between Marina and Sand City so long as the final lease does not significantly alter the terms of the attached draft lea se; and subject to final review and approval by the City Attorney.
(3) City Co uncil co nsider a dopting Resolution No. 2022-, approving the revised Memorandum of Understanding (MOU) between the Monterey Regional Waste Management District and the City of Marina regarding, food was te reduction and organics recycling regulations, i ncorporating costs anticipated for fiscl year 2022-2023, authorizing the City Manager to execute the amendment subject to final review and approval by the City Attorney, and authorizing the Finance Director to make necessary accounting and budgetary entries. h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
i. MAPS:
(1) City Council Consider adopting Resolution No. 2022 -, approving the Phase 4A Final Map for Sea Haven Development Project Subdivision ; and consider authorizing the City Clerk to certify the Final Map on behalf of the City subject to final review and approval by the City Attorney.
j. REPORTS: (RECEIVE AND FILE): None
k. FUNDING & BUDGET MATTERS: None
l. APPROVE ORDINANCES (WAIVE SECOND READING): None
m. APPROVE APPOINTMENTS: None

9. PUBLIC HEARINGS:
a. City Council open a publi c hearing and consider adopting Resol ution N o, 202 2-, approving the assignment of the Development Agreement related t o the Marina Station Project to 3rd Millennium Partners; and read by title only an d approve the first reading of Ordinance No. 2022-, approving the fir st amendment to the development agreement related to the Marina Station Project.

10. OTHER ACTIONS ITE MS OF THE SUCCE SSOR AGENC Y TO THE FORMER MARINA R EDEVELOPMENT AGENC Y: Action l isted for each Agenda i tem is that 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.

Agenda for City Council Meeting of Tuesday, June 21, 2022 Page 5

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: N o additional major projects or prog rams should be undertaken without r eview of the im pacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). a. City Council consider adopting Resolution No. 2022-, approving an agreement with Noland, Hamerly, Etienne & Hoss to provide municipal legal services to the City of Marina; and approve a waiver of conflict of interest and consent to represent the City of Marina; and authorize the City Manager to execute th e agreement and waiver.
b. City Council consider adopt ing Resolution No. 202 2-, adopting the City of Marina Flagpole Policy; and consider adopting Resolution No. 2022-, approving the flying of the Rainbow Pride Flag at City Hall throughout the remainder of the month of June 2022 as further recognition of June 2022 as L esbian, Gay, Bi sexual, Transgender, Queer, Plus (LBGTQ+) Pride Month in the City of Marina. c. City Council receive presentation on the long-term vision and fiscal sustainability, hangar and infrastructure needs and solutions, and potential financial support from the Military Assistance Program for the Marina Municipal Airport. Continued from June 7, 2022.

12. COUNCIL & STAFF INFORMATIONAL REPORTS:
a. Monterey County Mayor’s Association [Mayor Bruce Delgado] b. Council and staff op portunity to ask a questio n for clarification or make a b rief report on his or her own activities as permitted by Government Code Section 54954.2.

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 Counc il Ch ambers Bulletin Board at 211 Hi llcrest Avenue, Monterey County Library Marina Branch at 190 Seaside Circle, City Bulletin Board at the corne r of Reservation Road and Del Monte Boulevard on or before 6:30 p.m., Friday, June 17, 2022.

___________________________________

ANITA SHARP, DEPUTY CITY CLERK
City Council, Airport Commission and Redevelopment Agency meetings are recorded on tape and available for public review and listening at the Office of th e City Cl erk and kept for a period of 90 days after t he formal approval of MINUTES.

City C ouncil meetings may be vie wed live on the me eting nigh t and at 1 2:30 p.m. a nd 3:00 p.m. on C able Channel 25 on the Sunday following the Regular City Council meeting date. In addition, Council meetings can be viewed at 6:30 p.m. every Monday, Tuesd ay a nd W ednesday. For more inform ation ab out viewing the Council Meetings on Channel 25, you may contact Access Monterey Peninsula directly at 831-333-1267.

Agenda items an d staff re ports are public re cord and are available f or public review on the City's website (www.ciytofmarina.org), at the Monterey County Marina Library Branch at 190 Seaside Circle and at the Office of the City Clerk at 211 Hillcrest Avenue, Marina between the ho urs of 10:00 a.m. 5:00 p.m., o n the Monday preceding the meeting.

Agenda for City Council Meeting of Tuesday, June 21, 2022 Page 6

Supplemental ma terials r eceived after the close of the f inal agenda and through noo n on the day of t he scheduled meeting will be available for public review at the City Clerk’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 Agency Agenda at a cost of $55 per year or by providing a self-addressed, stamped envelope to the C ity Clerk. The Agenda is also available at no cos t via ema il b y n otifying th e C ity Clerk a t [email protected]
ALL MEETINGS A RE OP EN TO THE PUBLIC. THE CIT Y OF M ARINA DOES N OT D ISCRIMINATE AGAINST PERSONS WITH D ISABILITIES. Council Chambers are whee lchair accessible. meetings are broadcast on cable channel 25 and recordings of meetings can be provided upon request. to request assistive listening devices, sign language interpreters, readers, large print 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 of t h e C i t y C o u n c i l , A i r p o r t C om mi 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 or 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 ab le C o m m u n i t y N o n p r o f i t C o r p or a t i o n , S u c ce 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 ou ndw a t e r S u s t a i n a bi 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 la r O p e n S e s s i o n s

*Wednesday, July 6, 2022
Tuesday, August 2, 2022
Tuesday, August 16, 2022

Tuesday, July 19, 2022

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

*Wednesday, September 7, 2022

Tuesday, September 20, 2022

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

Tuesday, December 6, 2022
Tuesday, December 20, 2022

* 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)

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 __ ___ __ _ _ _______ __ _ ___

Agenda for City Council Meeting of Tuesday, June 21, 2022 Page 7

2022 COMMISSION DATES

Up co 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

July 20, 2022 September 21, 2022 November 16, 2022
August 17, 2022 October 19, 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 e l 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.

July 21, 2022 September 15, 2022 November 17, 2022
August 18, 2022 October 20, 2022 December 15, 2022 (Cancelled)

Upc o m i n g 2022 Me e t i n g s of 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.

June 23, 2022 August 8, 2022 October 13, 2022
August 22, 2022 October 27, 2022
July14, 2022 September 8, 2022 November 10, 2022
July 28, 2022 September 22, 2022 December 18, 2022

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.

July 21, 2022 September 15, 2022 November 17, 2022
August 18, 2022 October 20, 2022 December 15, 2022

U p c o m i n g 2022 M e e t i n g s o f R e c r e at i o n & Cu 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.

September 1, 2022 December 1, 2022

U p c o m i n g 2022 Me e t i n g s o f Ma r i n a Tr ee 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.

July 13, 2022 October 12, 2022

Agneda Item: 5a
Bank Account: 905 - Chase - Checking
Check 06/10/2022 100086 Accounts Payable Ace Hardware 131.00 Invoice Date Description Amount.
082124 05/31/2022 Shop Supplies 35.57
082088 05/24/2022 Annex Wall Repair 28.38
082139 06/01/2022 Key Krafters PW 3.05
082164 06/03/2022 Preston Park Fasteners 55.27
082182 06/06/2022 Super Clean Degreaser BBQ 8.73
Check 06/10/2022 100087 Accounts Payable American Supply Co. 2,206.74 Invoice Date Description Amount.
0168781 05/18/2022 Shop Supplies 2,206.74
Check 06/10/2022 100088 Accounts Payable ARC Document Solutions 282.96 Invoice Date Description Amount.
2583304 05/26/2022 ARC 05/26/2022 282.96
Check 06/10/2022 100089 Accounts Payable AT & T 700.44
Invoice Date Description Amount.
05-14-22 05/14/2022 Utilities 700.44
Check 06/10/2022 100090 Accounts Payable AT & T 357.19
Invoice Date Description Amount.
000018249426 05/27/2022 CALNET3-9391023477 (582-9803) 22.43 000018249420 05/27/2022 CALNET3-9391023471 (582-0100) 47.52 000018254200 05/28/2022 CALNET3-9391023466 (384-8477) 43.18 000018254173 05/28/2022 CALNET3-9391023441 (384-0888) 22.43 000018254197 05/28/2022 CALNET3-9391023463 (384-7854) 22.43 000018254169 05/28/2022 CALNET3-9391023437 (384-0425) 43.44 000018254202 05/28/2022 CALNET3-9391023468 (384-9148) 22.43 000018254172 05/28/2022 CALNET3-9391023440 (384-0860) 22.43 000018254181 05/28/2022 AWOS 24.54
000018254175 05/28/2022 Fire Alarm Hgr 524/533 43.18
000018254176 05/28/2022 Fire Alarm Hgr 524/533 43.18
Check 06/10/2022 100091 Accounts Payable Cardlock Vending, Inc. 235.00 Marina, CA LIVE
AP Check Register 06-10-22
Bank Account: 905 - Chase - Checking
Batch Date: 06/10/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Monika Collier Pages: 1 of 7 6/9/2022 9:49:53 AM
Agenda Item: 8a
1 Invoice Date Description Amount.
14929 05/31/2022 Gas Card 235.00
Check 06/10/2022 100092 Accounts Payable Cheryl Kent 1,020.00 Invoice Date Description Amount.
2022-70 06/03/2022 Code Force Investigations 1,020.00
Check 06/10/2022 100093 Accounts Payable Coast Counties Peterbilt 10,281.23 Invoice Date Description Amount.
0250847S.02 04/05/2022 Air System Leaks Ferrara 2007 5411 908.11 0250313S 03/28/2022 Annual Inspection Ferrara 2007 5411 9,373.12 Check 06/10/2022 100094 Accounts Payable Code Publishing Inc. 106.50 Invoice Date Description Amount.

GC0007560 05/31/2022 MMC Web Update 106.50
Check 06/10/2022 100095 Accounts Payable Color New Co. 111,957.50 Invoice Date Description Amount.
2 05/31/2022 B533 Exterior Improvements Project Pmt. 1 111,957.50 Check 06/10/2022 100096 Accounts Payable Denise Duffy & Associates 3,264.50 Invoice Date Description Amount.
7982 05/20/2022 Imjin Parkway Improvement Project 3,264.50 Check 06/10/2022 100097 Accounts Payable Fastenal Company 5,619.62 Invoice Date Description Amount.

CASAL151699 04/18/2022 Air Purifier 5,324.82
CASAL152599 05/18/2022 Shop Supplies 294.80
Check 06/10/2022 100098 Accounts Payable Gavilan Pest Control 3,485.00 Invoice Date Description Amount.
0143048 12/03/2021 Preston Board 2,000.00
0145948 05/31/2022 Perk Pond 80.00
0146017 05/31/2022 Preston Park/Squirrels 180.00
0145685 05/31/2022 Airport Rodent Abatement 75.00
0145684 05/31/2022 Squirrel Abatement 1,150.00
Marina, CA LIVE
AP Check Register 06-10-22
Bank Account: 905 - Chase - Checking
Batch Date: 06/10/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Monika Collier Pages: 2 of 7 6/9/2022 9:49:53 AM
2 Check 06/10/2022 100099 Accounts Payable Green Line 1,890.00 Invoice Date Description Amount.
69010 05/05/2022 Neeson Road Airport 1,890.00
Check 06/10/2022 100100 Accounts Payable Harris & Associates 24,240.17 Invoice Date Description Amount.
52234 04/14/2022 Harris & Associates April 2022 14,300.00 52665 05/12/2022 Harris & Associates May 2022 8,515.00
52913 06/03/2022 Imjin Parkway Improvement Project 1,425.17 Check 06/10/2022 100101 Accounts Payable Home Depot Credit Service 117.99 Invoice Date Description Amount.
05-26-22 05/26/2022 PD Light 117.99
Check 06/10/2022 100102 Accounts Payable Hydro Turf 120.99 Invoice Date Description Amount.

I763505 05/24/2022 Tool Repair 120.99
Check 06/10/2022 100103 Accounts Payable LC Action 2,699.87 Invoice Date Description Amount.
438856 05/17/2022 Safety Equiptment 2,699.87
Check 06/10/2022 100104 Accounts Payable Marina Coast Water District 1,684.85 Invoice Date Description Amount.
000056090 052022 05/20/2022 Locke Paddon Park 60.52
000056061 052022 05/20/2022 Reservation/Locke Paddon Park 78.77 000056028 052022 05/20/2022 California at Jerry Court 36.77 000056040 052022 05/20/2022 Hilo Ave 27.26
000056006 052022 05/20/2022 188 Seaside Circle 65.97
000056042 052022 05/20/2022 3040 Lake Drive 89.02
000056100 053122 05/31/2022 9th Street Irrigation Parcels L&M 512.30 000056036 053122 05/31/2022 2nd Ave/Divarty & Intergarrison 171.02 000056037 053122 05/31/2022 2nd Ave 171.02
000056095 053122 05/31/2022 2nd Ave 291.74
000056099 053122 05/31/2022 9th Street West of 2nd Ave 180.46 Check 06/10/2022 100105 Accounts Payable Maynard Group Inc. 459.72 Marina, CA LIVE
AP Check Register 06-10-22
Bank Account: 905 - Chase - Checking
Batch Date: 06/10/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Monika Collier Pages: 3 of 7 6/9/2022 9:49:53 AM
3 Invoice Date Description Amount.
300030 05/05/2022 Monthly Service 459.72
Check 06/10/2022 100106 Accounts Payable Monterey County Petroleum-Sturdy Oil Co. 5,739.71 Invoice Date Description Amount.
24823A-IN 05/27/2022 Gasoline/Diesel 5,739.71
Check 06/10/2022 100107 Accounts Payable Monterey One Water 1,676.60 Invoice Date Description Amount.
13-000183 053122 05/31/2022 4th Ave Dy Dr 241.80
13-000325 053122 05/31/2022 2800 2nd Ave 40.30
13-000159 053122 05/31/2022 761 Neeson Rd Bldg 524 185.40 13-002930 053122 05/31/2022 3200 Imjin Rd 806.00
13-000152 053122 05/31/2022 741 Neeson Rd 527 24.20
13-000143 053122 05/31/2022 3220 Imjin Rd 24.20
13-000148 053122 05/31/2022 781 Neeson Rd 520 40.30
13-000149 053122 05/31/2022 791 Neeson Rd 24.20
13-000145 053122 05/31/2022 3260 Imjin Rd 514 40.30
13-000144 053122 05/31/2022 3200 Imjin Rd 507 24.20
13-000153 053122 05/31/2022 771 Neeson Rd 529 24.20
13-000334 053122 05/31/2022 721 Neeson Rd 533 161.20
13-000158 053122 05/31/2022 711 Neeson Rd 535 40.30
Check 06/10/2022 100108 Accounts Payable Monterey Tire Service 49.46 Invoice Date Description Amount.
1-106343 05/20/2022 Parts Boot, Flat Repair 49.46
Check 06/10/2022 100109 Accounts Payable My Chevrolet 392.52 Invoice Date Description Amount.

CVCS248418 05/25/2022 14 Chevy Caprice Police 392.52
Check 06/10/2022 100110 Accounts Payable MyFleetCenter - Wisconsin Quick Lube 434.59 Invoice Date Description Amount.
36761356 06/02/2022 2017 Ford Taurus 86.85
36761229 05/31/2022 20 Dodge Durango 819 32.98
36761152 05/30/2022 20 Dodge Durango 819 96.27
Marina, CA LIVE
AP Check Register 06-10-22
Bank Account: 905 - Chase - Checking
Batch Date: 06/10/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Monika Collier Pages: 4 of 7 6/9/2022 9:49:53 AM
4 36761157 05/30/2022 20 Dodge Durango 818 122.22
36761153 05/30/2022 20 Dodge Durango 817 96.27
Check 06/10/2022 100111 Accounts Payable New Image Landscape Co. 363.00 Invoice Date Description Amount.
416837 05/23/2022 Marina Branch Library 363.00
Check 06/10/2022 100112 Accounts Payable Newton Bros. Tire & Auto 90.00 Invoice Date Description Amount.
433139 05/26/2022 2014 Chevy Caprice Repairs 90.00
Check 06/10/2022 100113 Accounts Payable Office Depot 320.18 Invoice Date Description Amount.
246405164001 05/24/2022 Office Depot Planning Supplies 15.08 24561609800-1 05/25/2022 Office Supplies - Replacement Ink Cartridges 305.10 Check 06/10/2022 100114 Accounts Payable Peninsula Septic Tank Service 4,395.00 Invoice Date Description Amount.
17711 04/05/2022 781 Neeson Rd/Airport 4,395.00
Check 06/10/2022 100115 Accounts Payable Quill Corporation 64.21 Invoice Date Description Amount.
25119079 05/12/2022 Records 9.60
25116779 05/12/2022 Records 54.61
Check 06/10/2022 100116 Accounts Payable Robert R. Wellington 2,235.00 Invoice Date Description Amount.
25582 12/18/2020 Wellington Law Offices-Novemer 2020-Dunes 729.00 25884 08/24/2021 Wellington Law Offices - July 2021 - Dunes 1,317.00 25984 11/19/2021 Wellington Law Offices - October 2021 - Dunes 189.00 Check 06/10/2022 100117 Accounts Payable Ryan Ranch Printers 207.58 Invoice Date Description Amount.
23061 05/31/2022 Business cards-Planning 207.58
Check 06/10/2022 100118 Accounts Payable Stephen Brown Associates, Inc 3,500.00 Invoice Date Description Amount.

Marina, CA LIVE
AP Check Register 06-10-22
Bank Account: 905 - Chase - Checking
Batch Date: 06/10/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Monika Collier Pages: 5 of 7 6/9/2022 9:49:53 AM
5 1548.1 05/23/2022 Marina Airport Rental Survey for 3200-C Imjin Road 3,500.00 Check 06/10/2022 100119 Accounts Payable Suburban Propane 842.82 Invoice Date Description Amount.
1602-105488 04/01/2022 Yard Propane 842.82
Check 06/10/2022 100120 Accounts Payable Taygeta Scientific, Inc. 2,475.80 Invoice Date Description Amount.
000423-R-0042 06/01/2022 Network Defense/Jun22 2,000.00 000708-R-0015 06/01/2022 Barracuda Spam Firewall - June 2022 475.80 Check 06/10/2022 100121 Accounts Payable TechRx Technology Services 15,636.56 Invoice Date Description Amount.
10124 05/04/2022 CDD Move Materials 40.00
10054 04/30/2022 CDD Planning computer setup/Installation C.Hopper 716.25 10170 05/31/2022 CDD Planning computer installation and setup 759.95 10168 06/01/2022 IT Support - May 2022 10,200.00
10048 04/01/2022 Cellular Camera Fuel Yard PW 1,556.25
10147 06/01/2022 Veeam Virtual Backup Monthly Subscription - June 2022 380.00 10060 04/27/2022 Webcam Logitech Michaelle 54.63
10141 06/01/2022 Ninite Monthly Subscription - June 2022 112.50 9938 05/01/2022 Amazon Glacier Terabyte Storage - March-May 2022 1,109.25 10126 05/10/2022 Monitor and Keyboard/Mouse 240.35
10062 05/01/2022 Printer/Juan 467.38
Check 06/10/2022 100122 Accounts Payable TK Elevator 1,390.19 Invoice Date Description Amount.
3006646214 06/01/2022 Public Works Elevator 1,390.19
Check 06/10/2022 100123 Accounts Payable United Parcel Service 1.25 Invoice Date Description Amount.
00008Y4481212 05/21/2022 Shipping charges late fees 1.25 Check 06/10/2022 100124 Accounts Payable Verizon Wireless 1,545.83 Invoice Date Description Amount.
9906760666 05/18/2022 Verizon 1,545.83
Marina, CA LIVE
AP Check Register 06-10-22
Bank Account: 905 - Chase - Checking
Batch Date: 06/10/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Monika Collier Pages: 6 of 7 6/9/2022 9:49:53 AM
6 Check 06/10/2022 100125 Accounts Payable Wallace Group, Inc. 18,339.48 Invoice Date Description Amount.
56258 05/28/2022 MLK Sculpture CDs 8,493.85
56243 05/28/2022 Glorya Jean Tate Park Pump, Track & Restroom Improvements 1,254.00 56383 06/02/2022 Annual Resurfacing 1,095.75
56387 06/02/2022 Sea Haven City Park 3,704.88
56368 06/02/2022 Airport Project Management 3,791.00
Check 06/10/2022 100126 Accounts Payable Xerox Financial Services 239.26 Invoice Date Description Amount.
3276478 05/28/2022 FD Monthly Copier Charges - 05/17/22 - 06/16/22 239.26 Check 06/10/2022 100127 Accounts Payable HdL Coren & Cone 1,350.00 Invoice Date Description Amount.

SIN017921 05/26/2022 Property Tax May-June 22 1,350.00
EFT 06/10/2022 2323 Accounts Payable Richard B. Standridge 121042882 / 8312012522 2,850.00 Invoice Date Description Amount.
22-11 06/03/2022 Services 05-23/06-02-22 2,850.00
905 Chase - Checking Totals: Transactions: 43 $235,000.31 Checks: 42 $232,150.31
EFTs: 1 $2,850.00
Marina, CA LIVE
AP Check Register 06-10-22
Bank Account: 905 - Chase - Checking
Batch Date: 06/10/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Monika Collier Pages: 7 of 7 6/9/2022 9:49:53 AM
7 Bank Account: 905 - Chase - Checking
Check 06/17/2022 100128 Accounts Payable Advantage Gear 516.59 Invoice Date Description Amount.
53635-1 05/11/2022 Pants & Long sleeve shirt for SUICH 352.37 54235-1 06/02/2022 Uniform pants for McCoy 164.22
Check 06/17/2022 100129 Accounts Payable Amanda Reyes 250.00 Invoice Date Description Amount.
06-12-22 vd 06/12/2022 Rental Refund - Vince DiMaggio 250.00 Check 06/17/2022 100130 Accounts Payable Carmel Fire Protection Associates 800.00 Invoice Date Description Amount.
122230 06/09/2022 Plan review and inspections at Joby Paint Booth, 72 TI 200.00 122224 06/02/2022 Plan review and inspection at 160 Beach Rd - Quick Quack 200.00 122225 06/02/2022 Plan review only and final inspection 200.00 122218 05/28/2022 Plan review and fire final inspection 200.00 Check 06/17/2022 100131 Accounts Payable Carmel Roasters, Inc. 327.75 Invoice Date Description Amount.
64019 05/25/2022 FD Coffee - 4 boxes 327.75
Check 06/17/2022 100132 Accounts Payable Certified Folder Display Service, Inc. 331.07 Invoice Date Description Amount.
594457 06/01/2022 Marina Restaurant Guide Distribution 331.07 Check 06/17/2022 100133 Accounts Payable Anita Coley Heath 1,450.00 Invoice Date Description Amount.
1071 09/27/2021 E. Fernando Background Investigation 1,450.00 Check 06/17/2022 100134 Accounts Payable Don Chapin Company, Inc. 38,521.42 Invoice Date Description Amount.
66674 02/20/2022 Curb & Gutter Michael & Zanetta Dr 38,521.42 Check 06/17/2022 100135 Accounts Payable Fox Welding Metal Fabricators 935.00 Invoice Date Description Amount.
2309 10/28/2021 Shop Repairs 715.00
Marina, CA LIVE
AP Check Register 06.17.2022
Bank Account: 905 - Chase - Checking
Batch Date: 06/17/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Accounts Payable Pages: 1 of 6 6/16/2022 12:22:33 PM 8 2369 06/07/2022 Park Grill 220.00
Check 06/17/2022 100136 Accounts Payable Harris & Associates 6,435.00 Invoice Date Description Amount.
52980 06/08/2022 Harris & Associates May 2022 6,435.00
Check 06/17/2022 100137 Accounts Payable Hinderliter, de Llamas & Associates 1,964.44 Invoice Date Description Amount.

SIN017785 05/26/2022 Sales Tax (April - June) 2022 1,664.44 SIN018224 06/07/2022 Transaction Tax (April - June 2022) 300.00 Check 06/17/2022 100138 Accounts Payable Jennifer Berberian 120.00 Invoice Date Description Amount.
052651 06/13/2022 youth center membership fees 120.00
Check 06/17/2022 100139 Accounts Payable Kimley-Horn & Associates 4,189.00 Invoice Date Description Amount.
21616251 05/31/2022 Kimley Howrn May 2022 4,189.00
Check 06/17/2022 100140 Accounts Payable L.N. Curtis & Sons 79,889.07 Invoice Date Description Amount.

INV600727 05/31/2022 Edraulic cutter tool, battery & charger for engine 5221 13,927.74 INV600733 05/31/2022 Hurst SP555 spreader tool, battery & charger 15,245.29 INV600759 05/31/2022 Ram tool, battery & battery charger 21,543.01 INV600743 05/31/2022 Cutter tool, saltwater battery & charger for engine 5222 13,927.74 INV600746 05/31/2022 Spreader tool, battery & battery charger 15,245.29 Check 06/17/2022 100141 Accounts Payable Liebert Cassidy Whitmore 7,736.00 Invoice Date Description Amount.
217747 04/30/2022 LCW - Professional Services 786.00
217748 04/30/2022 LCW - Professional Services 772.00
217749 04/30/2022 LCW - Professional Services 1,008.00
217750 04/30/2022 LCW - Professional Services 464.00
217751 04/30/2022 LCW - Professional Services 2,001.00
217752 04/30/2022 LCW - Professional Services 234.00
217753 04/30/2022 LCW - Professional Services 2,471.00
Marina, CA LIVE
AP Check Register 06.17.2022
Bank Account: 905 - Chase - Checking
Batch Date: 06/17/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Accounts Payable Pages: 2 of 6 6/16/2022 12:22:33 PM 9 Check 06/17/2022 100142 Accounts Payable M3 Environmental Consulting, LLC 2,106.00 Invoice Date Description Amount.
2218201 06/07/2022 Counsel Chambers 2,106.00
Check 06/17/2022 100143 Accounts Payable Microsoft 1,432.73 Invoice Date Description Amount.

E0700J64S8 06/11/2022 Citywide MS Office 365 - June 2022 1,066.53 E0700J6DI6 06/11/2022 Citywide MS Office 365 - June 2022 48.00 E0700J6DI4 06/11/2022 Citywide MS Office 365 - June 2022 9.68 E0700J6CKI 06/11/2022 Citywide MS Office 365 - June 2022 41.04 E0700J6DI5 06/11/2022 Citywide MS Office 365 - June 2022 48.00 E0700J6E1U 06/11/2022 Citywide MS Office 365 - June 2022 219.48 Check 06/17/2022 100144 Accounts Payable Monterey Bay Office Products 380.20 Invoice Date Description Amount.
474171410 06/03/2022 City Hall Copier Lease - June 2022 380.20 Check 06/17/2022 100145 Accounts Payable Monterey Bay Systems 175.00 Invoice Date Description Amount.
423462 04/20/2022 HP 3015 Printer Maintenance 175.00
Check 06/17/2022 100146 Accounts Payable Monterey One Water 403.00 Invoice Date Description Amount.
12-003949 05/31/2022 209 Cypress Ave 80.60
12-003245 053122 05/31/2022 3254 Abdy Way 40.30
12-003451 053122 05/31/2022 0 Seaside Ave & Reservation Rd 40.30 12-001708 053122 05/31/2022 304 Hillcrest Ave 40.30
12-000192 053122 05/31/2022 3200 Del Monte Blvd 40.30
12-001627 053122 05/31/2022 211 Hillcrest Ave 161.20
Check 06/17/2022 100147 Accounts Payable New Image Landscape Co. 2,140.00 Invoice Date Description Amount.
138182 05/31/2022 Landscape Maintenance for May 2022 2,140.00 Check 06/17/2022 100148 Accounts Payable Office Depot 50.06 Invoice Date Description Amount.

Marina, CA LIVE
AP Check Register 06.17.2022
Bank Account: 905 - Chase - Checking
Batch Date: 06/17/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Accounts Payable Pages: 3 of 6 6/16/2022 12:22:33 PM 10 245778336001 05/27/2022 Office Depot Planning Supplies 29.93 246931747001 06/01/2022 Office Depot Planning Supplies 20.13 Check 06/17/2022 100149 Accounts Payable Pacific Crest Engineering 292.50 Invoice Date Description Amount.
10877 05/31/2022 Glorya Jean Tate Park Site Improvements and Pump Track 292.50 Check 06/17/2022 100150 Accounts Payable Pacific Gas & Electric 11,152.10 Invoice Date Description Amount.
353-7.JUNE22 06/15/2022 PG&E - 9930567353-7 42.06
148-6.JUNE22 06/15/2022 PG&E - 5593414148-6 211.09
943-2.JUNE22 06/15/2022 PG&E - 6150212943-2 74.49
582-7.JUNE22 06/15/2022 PG&E - 8161432582-7 129.46
313-6.MAY22 05/26/2022 PG&E 6793435313-6 8,544.22
720-0.JUNE22 06/10/2022 PG&E - 0167505720-0 769.84
202-3.JUNE22 06/10/2022 PG&E - 6594070202-3 113.07
562-0.JUNE22 06/10/2022 PG&E - 4758891562-0 1,016.02
085-2.JUNE22 06/10/2022 PG&E - 5434906085-2 102.20
210-0.JUNE22 06/11/2022 PG&E - 3242976210-0 149.65
Check 06/17/2022 100151 Accounts Payable Pinnacle Healthcare 242.00 Invoice Date Description Amount.
362770 06/02/2022 Pinnacle Healthcare - Pre Emp Px 242.00 Check 06/17/2022 100152 Accounts Payable Pitney Bowes 1,375.38 Invoice Date Description Amount.
3105510208 05/27/2022 Postage Meter Quarterly Lease Payment Mar- Jun 2022 1,375.38 Check 06/17/2022 100153 Accounts Payable Precision Grade Inc. 742,610.29 Invoice Date Description Amount.
143 05/31/2022 Annual Street Resurfacing 2021 229,203.08 144 05/31/2022 Annual Street Resurfacing 2021 513,407.21 Check 06/17/2022 100154 Accounts Payable Rincon Consultants, Inc. 14,069.50 Invoice Date Description Amount.
39989 06/14/2022 Rincon DVSP May 2022 14,069.50
Marina, CA LIVE
AP Check Register 06.17.2022
Bank Account: 905 - Chase - Checking
Batch Date: 06/17/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Accounts Payable Pages: 4 of 6 6/16/2022 12:22:33 PM 11 Check 06/17/2022 100155 Accounts Payable Rosa Torres 250.00 Invoice Date Description Amount.
06-04-22 vd 06/04/2022 Rental Refund - Vince DiMaggio 250.00 Check 06/17/2022 100156 Accounts Payable Ryan Ranch Printers 103.79 Invoice Date Description Amount.
23062 05/31/2022 Business Cards - Cristina Medina Dirksen 103.79 Check 06/17/2022 100157 Accounts Payable Shannon Alston 275.00 Invoice Date Description Amount.
06-05-22 vd 06/05/2022 Rental Refund - Vince DiMaggio 275.00 Check 06/17/2022 100158 Accounts Payable U.S. Bank Equipment Finance 216.32 Invoice Date Description Amount.
473499465 05/27/2022 CDD Copier Lease Payment - June 2022 216.32 Check 06/17/2022 100159 Accounts Payable Verizon Wireless 372.34 Invoice Date Description Amount.
9907359382 05/25/2022 FD Mobile Charges - April 26 - May 25, 2022 372.34 Check 06/17/2022 100160 Accounts Payable Wallace Group, Inc. 38,883.55 Invoice Date Description Amount.
56367 06/02/2022 Program Management 38,883.55
Check 06/17/2022 100161 Accounts Payable Yesy Vake 275.00 Invoice Date Description Amount.
06-03-22 vd 06/03/2022 Rental Refund - Vince DiMaggio 275.00 Check 06/17/2022 100162 Accounts Payable Marina Employees Association 135.00 Invoice Date Description Amount.
06-10-22 06/10/2022 24 - MEA Dues 135.00
Check 06/17/2022 100163 Accounts Payable Marina Professional Fire Fighters Association
300.00
Invoice Date Description Amount.
06-10-22 06/10/2022 35 - MPFFA Dues 300.00
Check 06/17/2022 100164 Accounts Payable Mark Tenchavez 340.00 Marina, CA LIVE
AP Check Register 06.17.2022
Bank Account: 905 - Chase - Checking
Batch Date: 06/17/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Accounts Payable Pages: 5 of 6 6/16/2022 12:22:33 PM 12 Invoice Date Description Amount.
05-28-22 vd 05/28/2022 Rental Refund - Vince DiMaggio 340.00 EFT 06/17/2022 2352 Accounts Payable Enterprise FM Trust 101000019 / 208022067 31,092.03 Invoice Date Description Amount.

FBN4485574 06/03/2022 Lease Payment/June22 31,092.03
EFT 06/17/2022 2353 Accounts Payable Marina Police Association-MPOA 322271627 / 901587928 250.00 Invoice Date Description Amount.
06-10-22 06/10/2022 23 - MPOA Dues 250.00
EFT 06/17/2022 2354 Accounts Payable Police Officers Association - POA 322271627 / 901589106 1,350.00 Invoice Date Description Amount.
06-10-22 06/10/2022 25 - POA Dues 1,350.00
905 Chase - Checking Totals: Transactions: 40 $993,737.13 Checks: 37 $961,045.10
EFTs: 3 $32,692.03
Marina, CA LIVE
AP Check Register 06.17.2022
Bank Account: 905 - Chase - Checking
Batch Date: 06/17/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Accounts Payable Pages: 6 of 6 6/16/2022 12:22:33 PM 13 Bank Account: 921 - Chase - Successor Agency
Check 06/17/2022 89 Accounts Payable Keyser Marston Associates 2,970.00 Invoice Date Description Amount.
0036904 06/09/2022 FCR TI Projected, DOF, Finance Team 2,970.00 921 Chase - Successor Agency Totals: Transactions: 1 $2,970.00 Checks: 1 $2,970.00
Marina, CA LIVE
SA Check Register 06.17.2022
Bank Account: 921 - Chase - Successor Agency
Batch Date: 06/17/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Accounts Payable Pages: 1 of 1 6/16/2022 1:12:31 PM 14 Agenda Item: 8b(1)
City Council Meeting of
June 21, 2022

MINUTES
Tuesday, May 17, 2022 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 orde r to prevent an imminent risk to the health and safety of attendees as determine d in Resolution 2022-48, 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/

1. CALL TO ORDER

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

3. CLOSED SESSION: As permitted by Government Code Section 54956 et seq., the (City Council, Airport C ommissioners, Marina Abrams B Non -Profit Corporation, Preston Park Sustainable Communities Nonpr ofit Corporation, Successor Agency of the Former Redevelopment Agency Members and Marina Groundwater Sustainability Agency) may adjourn to a C losed or E xecutive Session to consider specifi c matters dealing with litigation, certain personnel matters, property negotiations or to confer with the City’s Meyers-Milias-Brown Act representative. – NONE 1 MINUTES for City Council Meeting of Tuesday, May 17, 2022 Page 2

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

5. SPECIAL PRESENTATIONS:
a Poppy Month Proclamation
b Public Works Week Proclamation

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 the 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/o r place d on a futu re agenda. City Coun cil members or City staff may briefly respond to stat ements made or questions posed as permitted by Government Code S ection 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. • Council Member Medina Dirksen – Commented that the Friends of the Marina Library had a fantastic event last weekend upwards of 500 people come out to the library for pony rides. • Council Member Burnett – Wanted to remind everyone that they should have received their ballots in the mail, and that election season is on us and to p lease return your ballots before th e June deadline.
• Amy Warren – Provided Marina Equestrian Center updates; Commented on working with Terry Siegrist and running the Guitar Not Guns program , which is back up and r unning at the Teen Center on Saturdays . Also mention ed Rosewood, the band , seniors at M arina High School got their start at the Teen Center.
• Mike Owen – Commented on the Dune s Development and showed a drone video taken by Don Neff a Sea Haven resident to give a perspec tive, and the reason for it is just to give you a little advance of like when you go out on the site tour to look at the trees. • Les Martin – Enjoyed the video. Asked what the timeline is for the Dunes Park? When is the city going to start to tear down their buildings? Commented on saving some of the trees that are sustaining themselves without the help of water. Asked about the status of the Sea H aven Park? Asked about the construction behind the Springhill Suit es? Commented on the Dunes Phase 2 structures not being taken down. Asked about the Equestrian Center status. • Karen Andersen – Commented on the video that was played on the Dunes Development area and noted the developer stated this is the future business opportunity, area, a business park which would have business buildings and parking lots, and that they could very well work around the existing healthiest trees over there in the future.
• Liesbeth Visscher – Thinks the trees at the former Fort Ord have not been irrigated for decades and don’t need water and have proved they can survive on our coast. Appreciate the developer and the city to look into saving as many healthy trees as possible and to give the public a chance to visit the sites. Agrees that bisecting a park with a road d oes not make any sense , not sure why it was designed that way.
• Mayor Pro Tem Biala – Commented on the shooting at the supermarket in Buffalo and the r acial divide in the country. Believe everyone in Marina, whether we are Black, White, Brown, or Asian, need to reject and denounce this ideology of Replacement Theory and pledge to never tolerate or condone it if it surfaces in our city.

2 MINUTES for City Council Meeting of Tuesday, May 17, 2022 Page 3

• Mayor D elgado – Spoke about the uptick of graffiti or tagging and asked that if the public see graffiti to report to the city so it can be taken care of immediately. Thanked the 6 volunteers that collected the monthly bounty of litter along Del Moni Boulevard, and Lapis Road and the volunteers that came out to clean up the Salinas Avenue area . Announced every Saturday from 9:00-1:00pm at the Marina Library in the Oak Woodland Community Garden where we are preparing plantings for the future Hilltop Park. Each Wednesday at 5:30pm will be native seed collections, we meet at different locations so please contact me at (831) 277 -7690 for up dates.

This Sunday from 9:00am -Noon will be litter cleanup along the highway under/overpass on Del Monte near Reindollar Ave.

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 comment about an agenda item an d staff wil l provide a response. If discussi on or a lengthy explanation is required, that item will b e removed from the Consent Agenda for Successor Agency to the former 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 Agend a, and these items are consi dered to be routi ne. All items under the Consent Agenda are no rmally approved 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 discussion 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 99875-99972, totaling $246,145.90 Accounts Payable for Successor Agency Check Numbers 85-87, totaling $12,423.70 b. MINUTES: None
c. CLAIMS AGAINST THE CITY: None
d. AWARD OF BID: None
e. CALL FOR BIDS: None
f. ADOPTION OF RESOLUTIONS:
(1) City Council c onsider ad opting Resolution No. 2022 -54, regarding the Ralph M. Brow n Act (California Government Code §§54950 -54963, making certain findings; and authorizing the city to continue to i mplement remote teleconferenced public meetings of the City Council and its constit uent bodies for the period May 20, 2022, through June 21, 2022.
(2) City Council consider adopting Resolution No. 2022-55, authorizing release of a Re quest for Proposals for Cons ultant Services to prepare objective design standards for single-family, multiple-family, and mixed-use developments; and authorizing the Fin ance Director to make necessar y budget and acc ounting entries; and, authorizing the City Manager to execute agreement on behalf of the City subject to final review and approval by the City Attorney. 3 MINUTES for City Council Meeting of Tuesday, May 17, 2022 Page 4

(3) City Council consider adopting Resolution No. 2022-56, accepting the Housing Element Annual Progress Report for calendar year 2021 and authorizing staff to submit the repo rt to the Governor’s Office of Planning and Research and the California Department of Housing and Community Development; and, find that the action is exempt fr om CEQA pursuant to CEQA Gui delines Section s 15061(b)(3) and 15378(b).
(4) City Council consider a dopting Resolution No. 2022 -57, fixing and levying a special tax for principal and interest payments and administrative costs on the city's 2015 General Obligation Refunding Library Bonds for Fiscal Year 2022- 2023: and Resolution No. 2022-58, certifying compliance with state law (Proposition 218) with respect to special taxes for the 2015 General Obligation Refunding Library Bonds tax levy for Fiscal Year 2022-2023. g. APPROVAL OF AGREEMENTS:
(1) City Council consider a dopting Resolution No. 2022 -59, calling for a general municipal election in the City of Marina on Tuesday, November 8, 2022, for the election of certain city officers ; and requesting the Count of Monterey a gree to the consolidation of t he election with the st atewide general election and requesting the County Elections Department to render any and all services required to conduct the election; and authorizing the Financ e Director to appropriate funds and the City Manager to execute a service agreement for the provision of election services between the Ci ty of Marina and Monterey County Elections Department/Registrar of Voters subject t o final review and approval by City Attorney.
(2) City Council consider adopting Resolution No. 2022 -, a pproving consulting services agreement between HF&H Consultants, LLC (HF&H) and the City of Marina to perform an analysis of an equitable method of creditin g surplus solid waste collection f ees back to rate p ayers for a fee not to e xceed $29,910, and; authorizing the City Manager to e xecute the agreement on behalf of the Cit y subject to final r eview and approval by the Cit y Attorney, and; authorizing the Finance Dir ector to make the necessary budgetary and accounting entries.

Pulled by Mayor Pro Tem Biala, become agenda item 11e
h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
i. MAPS: None
j. REPORTS: (RECEIVE AND FILE):
k. FUNDING & BUDGET MATTERS: None
l. APPROVE ORDINANCES (WAIVE SECOND READING): None
m. APPROVE APPOINTMENTS: None
Council Member Burnett, question on 8f(2) and 8f(3) – On 8f(2) … Design standards? On 8f(3), will the report be presented or made available to the public? Council Member Medina Dirksen, question on 8f(2), does this include commercial? Mayor Pro Tem Biala, pulled agenda item 8g(2) so it can be discussed along with agenda item 11d.

DELGADO/MEDINA DIRKSEN: TO APPROVE THE CONSENT AGENDA MINUS 8g(2 ). 4- 0-1(Berkley)-0 Motion Passes by Roll Call Vote
4 MINUTES for City Council Meeting of Tuesday, May 17, 2022 Page 5

9. PUBLIC HEARINGS:

10. OTHER ACTION S ITEMS OF THE SUCCE SSOR AGENC Y TO T HE FORMER MARINA REDEVELOPMENT AGENC Y: Action listed for each Agenda item is that which is requested by staff. The Successor Agency may, at its discretion, take action on any items. The pub lic is invited to approach th e podium to provide up to four (4) minutes of public comment.

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 Council consider adopting Resolution No. 2022-60, receiving a report on the Hilltop Park recommendations f rom the ad-hoc committe e and Ci ty Council appointed liaisons and providing direction for the final design of the Hilltop Park at The Dunes. Continued from May 3, 2022
Council Questions: Central coast was a nexus point for nat ive Americans hundreds of years ago , would this be a good project for not just natives or local natives but maybe restoration of some of these older plants that were here ? Has ADA compliance been incorporated in the fauna and flora areas, signs and braille? Who led the effort in obtaining the 1,700 plants? Have we considered the naming of this park? Where exactly in Exhibit B are the non -native plant areas? T o keep the maintenance of those non-invasive nonnatives long term does that take a lot of effor t? Who will be responsible the maintenance of the park, including the trails? Will the current volunteers, C4SM Will they be allowed to be able to work freely and to maintain this new park? Public Comments:
• Les Martin – Great plan with a lot of input from many people with plan knowledge. Suggested that whatever get plan ted there be able to withstand the win d and properly staked. Should k eep the healthy existing pines t hat are currently there on site. Appreciates all the hard work everybody's put into it.
• Tommy Bolea – Commented on the shifting and moving sand due to the lack of rain and hopes the new plants survive, on the gophers in that area. Commented on the different seasons Marina goes through. Commented water needed to keep the plants alive • Fred Watson – Spoke about the questions /suggestions he proposed. Asked that the Monterey Cypress be removed from the planning list of Area 1. Erigonum Fasciculatum and Horkelia Cuneata Be removed from the planting list in Area 3.
• Karen Andersen – Honor to be part of this committee, and to have been at in the field collecting seeds under the Mayor's direction. ask the City Council to to take in the Q. A. Answers such as Dr.

Watson just mentioned, and in have those points incorporated into the into the fi nal product. thank the public works department for moving our soil totters from Monterey Bay Horticulture over to the oak woodland. A sked that the poison oak be taken out professionally. Noted that the ground squirrels got to the acorns so there is no crop of coast live oaks to plant, will need to get those from the nursery tray. Commented on ice-plant and a gopher-snake deficiency. • Traci – One of the volunteers that have been working Saturday after Saturday on these plants and we're very excited to h ave them go into this project . Mentioned that contractors who know native plants will be engaged to create the planting plans so that we, as volunteer groups, know what type plans and how many we need to plan to propagate . that we would very much look for ward to the 5 MINUTES for City Council Meeting of Tuesday, May 17, 2022 Page 6

developer contracting with an entity that does the majority of the planting as well as a lot of the watering within that first 2 years. Feels it’s fair for us to also ask the developer for some materials that we've been going through.

DELGADO/BIALA: THAT WE ADOPT RESOLUTION NO. 2022 -60, RECEIVING A

REPORT ON THE HILLTOP PARK RECOMMENDATIONS FROM THE AD -HOC

COMMITTEE AN D CITY COUNCIL APPOINTED LIAISONS AND DIRECTS THE

FOLLOWING DIRECTION ON THE FINAL DESIGN OF THE HILLTOP PARK AT THE DUNES:
(1) AREA 1, REDUCE 24 LBS OF STICKY MONKEY FLOWER TO 12LBS; ADD 12 LBS OF SEACLIFF BUCKWHEAT (ERIOGONUM PARVIFLORUM); REMOVE CALI F.

BUCKWHEAT (ERIGONUM FASCICULATUM); REMOVE MONTEREY CYPRESS. (2) AREA 2 , REDUCE IDAHO FESCUE (FESTUCA IDAHOENSIS) FROM 8LBS TO 4LBS; INCREASE WEDGE-LEAF HORKELIA (HORKELIA CUNEATA) FROM 1LB TO 5LBS; REMOVE COAST RANGE MELIC (MELICA IMPERFECTA) AND

REPLACE IT WITH JUNEGRASS (KOELERIA MACRANTHA)
(3) AREA 3, PRO POSED REVEG ETATION - EXISTING NATIVE & WEED - ERADICATED PLANTING AREAS CHANGE “SIT E S PECIFIC SEED

COLLECTION, LIVE CUTTINGS FROM VOLUNTEERS, COMMERCIALLY

AVAILABLE SEED FROM LOCAL SOURCES, AND CONTAINERIZED PL ANTS FROM LOCAL NURSERY STOCK” TO THE FOLLOWING:
a. “SITE SPE CIFIC SEED CO LLECTED BY VOLUNTEERS AND/OR

CONTRACTORS, LIVE CUTTINGS F ROM VOLUNTEERS AND/OR

CONTRACTORS, COMMERCIALLY AVAILABLE SEED FROM LOCAL
(WITHIN 10 MILES OF FORT ORD, NOT SAN DIEGO OR MENDOC INO

COUNTIES) SOURCES, AND CONTAINERIZED PLANTS FROM

VOLUNTEERS OR, WHERE NECESSARY, FROM LOCAL COMMERCIAL
NURSERY STOCK.
b. REPLACE HORKELIA CALIFORNICA WITH HORKELIA CUNEATA.
(4) DEVELOPERS AND VOLUNTEERS REMAIN FLEXIBLE TO BILATERALLY

APPROVED CHANGES IN PLANT LISTS AS ADDITIONAL SPECIES MAY BE DETERMINED TO BE APPROPRIATE FOR INCLUSION IN PLANTING AREA 3. (5) SUCCESS CRITERIA INCLUDE A MAX IMUM OF BARE GROUND “ALLOWED” BEFORE DETERMINED TO BE SUCCESSFUL.
(6) DEVELOPERS AND VOLUNTEERS COLLABORATE ON REIMBURSEMENT

PROJECT COSTS ALREADY PAID FOR BY VOLUNTEERS INCLUDING SOIL AND OTHER SUPPLIES APPROX. $4-7K (RECEIPTS TO BE PROVIDED)
(7) DEVELOPER AND V OLUNTEERS COLLABORATE ON FUNDING FOR FUTURE COSTS SUCH AS SOIL AND OTHER MATERIALS (APPROX. $7K-$15K) (8) ALL PARTIES ACKNOWLEDGE T HAT VOL UNTEERS COULD BE PROVIDING UP TO 20K PLANTS WORTH AS MUCH AS $80K OR MORE IN ADDITION LABOR OF $50K OR MORE.
(9) DEVELOPER PRO VIDE VOLUNTEERS CONSTRUCTION DOCUMENTS SUCH

THAT VOLUNTEERS KNOW HOW MANY INDIVIDUALS OF EACH SPECIES TO PROVIDE FOR PLANTING AREA 3. 4-0-1(Berkley)-0 Motion Passes by Roll Call Vote

6 MINUTES for City Council Meeting of Tuesday, May 17, 2022 Page 7

b. City C ouncil consider adopting Resolution No. 2022 -61, approving agreem ent between City of Marina and Fairbank, Maslin, Maull in, Metz & Associates (FM3) for public opinion research services , authorize subs equent minor changes if necessary, with C ity Attorne y approval, and; authorize City Manager to execute agreement amendment on behalf of Cit y, and; authorize the Finance Directo r to make the necessary accounting and budgetary entries.

Council Questions: How are we going to direct the researcher , the consultant regarding what to be included in the survey ? We recently did an exte nsive community survey to find out how people are dissatisfied or satisfied with the way things are in the city , how will that past hist orical information be included or excluded what we do from today and in the coming months ? Would the results of the survey indicate, or could they indicate an acceptance the measure that support I mean, or could we measure support for the measure through this survey or are we strictly looking at what kinds of things if approved, the measure would provide for ? What is the timeline when we need to have the actual measure to the county, so it can appear in the voting guide? In the last surveys, do you recall which language was predominant beyond Spanish and English was it Korean or Vietnamese? In doing these surveys really the whole issues that we're asking for money the consultants will have to k now our numbers, our budget, our constra ints, correct? Is it specifically a closed system a closed demographic of who we're reaching, and thus wouldn't be a good candidate to put on our website? Is this something we can do in-house? Do we have the staff? With the last measures, which is the half cent sales tax the cannabis tax and the hotel tax, was there any statistical analysis that went into that, and can you tell me the precursor to that? Do we have any indications that the landscape has changed in terms of opinion? What priorities does Council have between now and the due date in August? Is this going to run up against anything that we're going to have to be focused on, or is this a good time for this? Is this going to run up against anything that we're going to have to be focused on, or is this a good time for this? MEDINA DIRKSEN/BIALA: TO ADOP T RESOLUTION NO. 2022 -61, APPROVING

AGREEMENT BETWEEN CITY OF MARINA AND FAIRB ANK, MASLIN, MAULLIN, METZ & ASSOCIATES (FM3) FOR PUBLIC OPINION RESEARCH SERVICES,

AUTHORIZE SUBSEQUENT MINOR CHANGES IF NECESSARY, WITH CITY ATTORNEY A PPROVAL, AND; AUTHORIZE CITY MANAGER TO EXECUTE AGREEMENT AMENDMENT ON BEHALF OF CITY, AND; AUTHORIZE T HE FINANCE DIRECTOR TO MAKE THE NECESSARY ACCOUNTING AND BUDGETARY ENTRIES. 4- 0-1(Berkley)-0 Motion Passes by Roll Call Vote
Public Comments:
• Tommy Bolea – Spoke about doing his own survey and talking to people. Sounds like it's kind of biased if you're not going to cover all the nationalities . Commented on city not controlling the spending and people being on fixed inco mes and rente rs. Conc erned about city always hiring consultants. Noted that some of the priorities could be passed on to the next sitting council. • Denise Turley – Council should stick with what worked last time . Need to make sure to provide palatable in formation so they can make an informed decision. Asked i f people want more information on this issue and when the person calls to gi ve the survey, where are they going to be led to?

c. City Council c onsider adopt ing Resolution No. 2022 -62, approving the form and authorizing the exe cution of certain lease financing documents in connection with the offering and sale of certificates of participation r elating thereto to finance the cost of Measure X infrastructure improvements within the geographic boundaries of the City and authorizing and directing certain actions with respect thereto. 7 MINUTES for City Council Meeting of Tuesday, May 17, 2022 Page 8

Council Questions: Can you explain to me how the interest rates impact wither the ability to sell o r get people to purchase these bonds? Are they locked in? Have we received a bond rating yet? Do we have a forecast for the bond market? Are bonds interest rates like mortgages? inflationary direction, and so assuming that the not the worse, but the moderate projections of in flation come into effect what does that do to th e bonds themselves, does that diminish their attractiveness? Is the bond estimate to give us $11.5 million? Is that enough to fix our streets? Beyond the 25 streets what are the most likely candidates, streets, or other projects that wo uld be funded by this bond? Bond Leas ing, c an you explain to me why we use this particular instrument and not some other? BIALA/MEDINA DIRKSEN: TO ADOP T RESOLUTION NO. 2022 -62, APPROVING THE

FORM AND AUT HORIZING THE EXECUTION OF CERTAIN LEASE FINANCING

DOCUMENTS IN CONNECT ION WITH THE OFFERING AND SALE OF CERTIFICATES

OF PARTICIPATION RELATING THERETO TO FINANCE THE COST OF ME ASURE X

INFRASTRUCTURE IMPRO VEMENTS WITHIN THE GEOGRAPHIC BOUNDARIES OF

THE CITY AND AUTHORIZING AND DIRECTING CERTAIN ACTIONS WITH RESPECT THERETO. 4-0-1(Berkley)-0 Motion Passes by Roll Call Vote Public Comments:
• Tommy Bolea – Who created the street list? Asked Mayor if he took pict ures or took notes when he came to vie w Andrew Ci rcle? Who pays for the bond ? Asked about the und erground infrastructure of the streets?

d. City Council consider adopting Resolution No. 2022-, amending the rate adjustment calculation of the franchise agreement with Green Waste Recovery utilizing a sector specific uniform percentage adjustment and approving maximum rates to be charged by Green Waste Recovery effective July 1, 20 22, for collection of franchised solid waste, recycling, and organics. Continued to June 7, 2022 e. City Council consider adopting Resolution No. 2022-, approving consulting services agreement between HF&H Consultants, LLC (HF&H) and the City of Marina to perform an analysis o f an equitable method of crediting surplus solid waste collection fees back to rate payers for a fee not to exceed $ 29,910, and; authorizing the City Mana ger to exec ute the agreement on behalf of the Cit y subject to final review and approval by the Cit y Attorney, and; authorizing the Finance Director to make the neces sary budgetary and ac counting entries . Pulled by Mayor Pro Tem Biala, was agenda item 8g(2). Continued to June 7, 2022

12. COUNCIL & STAFF INFORMATIONAL REPORTS:
a. Monterey County Mayor’s Association [Mayor Bruce Delgado] b. Council and staff op portunity to ask a question for clarification or ma ke a b rief report on his or her own activities as permitted by Government Code Section 54954.2.

13. ADJOURNMENT: The meeting adjourned at 10:40 PM

Anita Sharp, Deputy City Clerk

ATTEST:

Bruce C. Delgado, Mayor
8 Agenda Item: 8b(2)
City Council Meeting of
June 21, 2022

MINUTES
Tuesday, June 7, 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 2022-54, 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 May 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/

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 Ag ency of the Former Redevelopment Agency Members and Ma rina Groundwater Sustainability Agency)
MEMBERS PRESENT: David Burnett, Lisa Berkley, Mayor Pro -Tem/Vice Chair Kathy Biala, Mayor/Chair Bruce C. Delgado
MEMBERS ABSENT: Cristina Medina Dirksen (Excused)

3. CLOSED SESS ION: As permitted by Gov ernment Code Sect ion 54956 et seq., the (City Council, A irport C ommissioners, 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 Groundw ater 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.
1 MINUTES for City Council Meeting of Tuesday, June 7, 2022 Page 2

a. Public Employment Appointment (Govt. Code Section 54957(b)(1):

Position: City Attorney
6:30 PM - RECONVENE OPEN SESSION AND REPORT ON ANY ACTIONS TAKEN IN

CLOSED SESSION
Robert Rathie, Legal Counsel reported out Closed Session: Council met in Closed Session with regard to the one item listed. Council received infor mation, provided direction and no reportable action was taken.

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

5. SPECIAL PRESENTATIONS:
a Sarah Hudson
b LGBTQ+ Pride Month Proclamation
c Monterey Bay Economic Power Video

6. SPECIAL ANNOUNCEMENTS AND COMMUNICATIONS FROM T HE 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 and Public. Any member of the pub lic 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 referred to staff and/o r p laced on a futu re agenda. City Co uncil 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. • Doug Yount – Announced to the public and City Council of the sig nificant milestone last week in the Dunes Project relating to the next step and affordable housing , 142 units in the 2 complexes or phase 2 and 3 affordable housing at The Dunes. The Dunes closed escrow for the purchase of the property from the city to Marina Community Partners, and then in turn a sale to U.S.A. Property, the developer of that and operator is that affordable housing . This was a s ignificant milestone obviously for providing much needed rental, affordable housing for very low-, low- and moderate- income families and individuals in the region.
• Mike Owen – Asked is there will be a future meeting when the City Manager will allow the Council to vote to continue the suspension of the Tree Committee and Public Works Commission. • Brian McMinn – Wanted to make sure that, we recognize the efforts of Ocean Rock Church to display the flags on Memorial Day weekend.
• Mayor Pro-Tem Biala – Asked how will the public be noti fied when the affordable units become available and does Marina resid ents have any advantage in terms of being able to apply first, or have any preference in in terms of being selected for those units? • Council Member Berkley – Asked about making sure the Civil Disobedience Day proclamation could be placed on the next meeting agenda?
• Mayor Delgado – Commented on the volun teer cleanups. A sked if the public works could come out and mow the Preston Park fields prior to the baseball tournaments. Commented on the open house Shea Properties held at The Dunes and the tour of the lots to view the tress. Commented on the Hilltop Park seedlings and planting season. Commented on Mayor Pro Tem Biala ’s matrix of the trees in The Dunes Phase 3 area.

2 MINUTES for City Council Meeting of Tuesday, June 7, 2022 Page 3

7. CONSENT AGENDA FOR THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENCY: Background information has been p rovided to the S uccessor Agency of the former Redevelopment Agency on all matters listed under the Consent Agenda, and these item s are considered to be routine. Al l items under the Conse nt Agenda a re 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 qu estion o r make a c omment a bout an agenda item and s taff wil l provide a response. If discussion or a lengthy explanation is req uired, that item will b e removed from the Consent Agenda for Successor Agency to the former 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 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 routine. All items under the Consent Agenda are normally appro ved by one motion. Prior to such a motion being mad e, 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 resp onse. If discussion or a lengthy e xplanation 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 99973-100085, totaling $886,066.51 Accounts Payable for Successor Agency Check Numbers 88, totaling $1,675.00 b. MINUTES:
(1) May 3, 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 Council consider adoptin g Resolution No. 20 22-63, certifying City of Marina co mpliance with State law (Prop osition 218) with respect to special assessment for Cypress Cove II Landscape Maintenance Assessment District for FY 2022-2023.
(2) City Council consider adopting Resolution No . 2022-64, certifying C ity of Marina compliance with Stat e law (Proposition 218) wi th respect to special assessment for Seabreeze Lan dscape Maint enance Assessment District for F Y 2022-2023.
(3) City Counc il consider a dopting Resolution No. 2022 -65, certifying C ity of Marina complia nce with St ate law (Proposition 218) with r espect to special assessment for Monterey Bay Estates Landscape Mainte nance Ass essment District for FY 2022-2023.
(4) City Council consider adopting Resolution No. 2022 -66, confirming levy of a special ta x for the City of Marina Community Facilities Distr ict No. 2007-2 (Locke Paddon) for Fis cal Year 2022-2023 as auth orized by Ordi nance No. 2007-09, and; consider adopting Resolution No. 20 22-67, certifying City of Marina compliance with State law ( Proposition 218) with respect to levying of special taxes for the City of Marina Community Facilities District No. 2007-2 for Fiscal Year 2022-2023 as authorized by Ordinance No. 2007-09. 3 MINUTES for City Council Meeting of Tuesday, June 7, 2022 Page 4

(5) City Council consider adopting Resolution No. 2022 -, adopting an updated list of projects for fis cal year 2022 -23 fund ed by SB1: t he Road Repair and Accountability Act of 2017 . Pulled by Mayor Delgado, becomes agenda item 11c
(6) City Council consider adopting Resolution No. 2022 -68, establishing appropriations limit for FY 2022-23.
g. APPROVAL OF AGREEMENTS:
(1) City Counci l consider adopting Resolution No. 20 22-69, approving the Pavement Management Program Update 2022 Reimbursement Agreement with the Transportation Agency for Monterey County ( TAMC) for the City’s Pavement Management Program; and authorize the City Manager to execute the Agreement on behalf of the City Council subject to final review and approval by the City Attorney.
(2) City Council consider adopting Resolution No. 2022 -70, approving the Wayfinding Regional Funding Agreement with the Transportation Agency for Monterey County ( TAMC); and authorize the C ity Manage r to execute the Agreement on behalf of the City Council subject to final review and approval by the City Attorney.
(3) City Council co nsider adopting Resolution No. 2022 -71, approving a Lease Agreement between the City of Marina and Uninsured Skydive Monterey Bay, Inc. dba Skydive Monterey Bay. for a portion of 721 Neeson Road (Build ing 533) at the Marina 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.
(4) City Council consider adopting Resolution No. 2022 -72, authorizing staff to submit a grant application to the Califor nia Coastal Commiss ion and authorize the City Manager to execute the applications, contacts, agreements, and amendments necessary to implement the grant application package. h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
i. MAPS: None
j. REPORTS: (RECEIVE AND FILE):
(1) City Council consider adopting Resolution No. 2022 -73, receive and file the City’s Annual Au dit for the p eriod ending June 30, 2021; and receive and file the City o f Marina Auditor Governance Letter (SAS 114) and Management Letter (SAS 115) for the fiscal year ending June 30, 2021. k. FUNDING & BUDGET MATTERS: None
l. APPROVE ORDINANCES (WAIVE SECOND READING): None
m. APPROVE APPOINTMENTS: None
Mayor Pro Tem Biala had questions for agenda item 8f(6) , give the public a little bit of a clarification about why we have this appropriations, why do we have this limit and how did this come about? Also asked the City Manager to briefly tell the public about the good points of 8j(1) Council Member Burnett requested to pull agenda item 8f(3) for recusal of the vote. 4 MINUTES for City Council Meeting of Tuesday, June 7, 2022 Page 5

Council M ember Berkley had a que stion for agenda item 8g(2), who chooses the wayfinding sign design/colors?
Mayor Delgado requested to pull agenda item 8f(5) for discussion. Becomes agenda item 11c BIALA/BERKLEY: TO APPROVE THE CONSENT AGENDA MINUS 8f(3) AND 8f(5). 4-0-0- 1(Medina Dirksen). Motion Passes by Roll Call Vote
8f(3)
DELGADO/BIALA: T O APPROVE AGENDA I TEM 8 f(3). 3 -0-0-1(Medina Dirksen) Motion Passes by Roll Call Vote

9. PUBLIC HEARINGS: None

10. OTHER ACTION S ITE MS OF THE SUCCE SSOR AGENC Y TO THE FORMER MARINA R EDEVELOPMENT AGENCY: Action l isted for each Agenda i tem is that 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.

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: N o additional major projects or prog rams should be undertaken wi thout r eview o f the im pacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). a. City Cou ncil con sider adopting Resolution No. 202 2-74, amending the rate adjustment calculation of the franchise agreement w ith Gre en Waste Recovery utilizing a sec tor specific uniform percentage adjustment and approving maximum rates to be charged by Gre en Waste Recovery effective July 1, 2 022, for collection of franchised solid waste, recycling, and organics. Continued from May 17, 2022 Council Questions: Are we not deciding on senior discount rates tonight? BURNETT/BERKLEY: TO APPROVE RESOLUTION NO. 2022-74, AMENDING THE RATE

ADJUSTMENT CALCULATION OF THE FRANCHISE AGREEMENT WITH GREEN

WASTE RECOVERY UTILIZING A SECTOR SPECIFIC UNIFORM PERCENTAGE

ADJUSTMENT AND APPROVING MAXIMUM RATES TO BE CHARGED BY GREEN WASTE REC OVERY EFFECTIVE JULY 1, 2022, FOR COLLECTION OF FRANCHI SED SOLID WASTE, RECYCLING, AND ORGANICS . 4-0-0-1(Medina Dirksen) Motion Passes by Roll Call Vote
Public Comments:
• Denise Turley – Clarified that the se nior discount a lso applied to disabled persons and noted that not all disable persons were over 60. Agrees with giving the surplus over the 2 periods as noted in the report.
• Karen Andersen – Been in discussion with GreenWaste regarding the fact that it's no t possible to reduce my utility usage here an y greater. Currently use the smalle st can available. Asked why there is not a rate for those of us who don't generate a lot of garbage. • Tommy Bolea – Asked if there was an exemption for those residents who don’t produce refuse and does not have the need for garbage service?
5 MINUTES for City Council Meeting of Tuesday, June 7, 2022 Page 6

b. City Council conside r adopti ng Resolution No. 20 22-75, a pproving consulting services agreement between HF&H Consultants, LLC (HF&H) and the City of Marina to perform an analysis o f an equ itable method of crediting surp lus sol id waste collection f ees back to rate p ayers for a fee not to e xceed $ 29,910, and; authorizing the City Manager to execute the agreement on behalf of the City subject to final r eview and ap proval by the Cit y Attorney, and; authorizing the Finance Director to make the necessary budgetary and accounting entries . Pulled by Mayor Pro Tem Biala, was agenda item 8g(2). Continued from May 17, 2022 Council Questions: Could the analysis consider the possibility of maybe repurposing or redirecting those funds towards green infrastructure like electric vehicles, stations, or bike charging stations or something like that? Is it wise to spend $30,000 to pay consultant to tell us how to spend the surplus? Do you think that the surplus will continue to get smaller every year ? Do you think it's appropriate to spend the 30 K to find that equitable way? Is it estimated that about $99 will go back to households in discounts in future rates? Does the consultant actually identify , not just the methodology But do they go through the records and tell you, Then these are the people who have moved away, and these are the people who had in some kind of pay or class, so they do all this work? BIALA/DELGADO: TO APPROVE RESOLUTION NO. 2022 -75, A PPROVING

CONSULTING SERVICES AGREEMENT BETW EEN HF&H CONSULTANTS, LLC (HF&H) AND THE CITY OF MARINA TO PERFOR M AN ANALYSIS OF AN EQUITABLE

METHOD OF CREDITING SURPLU S SOLID WASTE COLLECTION FEES BACK TO RATE PAYERS FOR A FEE NOT TO EXCEED $29,910, AND; AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGR EEMENT ON BEHALF OF THE CITY SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY, AND; AUTHORIZING THE

FINANCE DIRE CTOR TO MAKE THE NECESSARY BUDGETARY AND ACCOUNTING ENTRIES. 4-0-0-1(Medina Dirksen) Motion Passes by Roll Call Vote Public Comments:
• Tommy Bolea – Opposes the motion. Believe this should be done in-house with city staff.

c. City Council consider adopting Resolution No. 2022-76, adopting an updated list of projects for fiscal year 2022-23 funded by SB1: the Road Repair and Accountability Act of 2017. Pulled by Mayor Delgado, was agenda item 8f(5) Council Questions: Is true that tonight we're talking about how we expect to spend $500,000 we get from SB1 ballot measure? Is the true that we're spending about 2.6 million dollars a year within the city of Marina on roads? The rest of the $2.6 million where will that be coming from ? Now does that with that measure X money go away, in a sense, when we start to bond it or we still get to spend $600,000 a year here p lus use it for bond revenue? Exhibit A total sum is $2.1 million, where's the other 500,000 going to be spent to make the 2.6 million that we spend this year ? Is there a posting of the street maintenance program?
DELGADO/BIALA: TO APPROVE ADOPTING RESOLUTION NO. 2022-76, ADOPTING AN UPDATED LIST OF PROJECTS FOR FISCAL YEAR 2022-23 FUNDED BY SB1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017 . 4-0-0-1(Medina Dirksen) Motion Passes by Roll Call Vote.

Public Comments:
• Tommy Bolea – Asked Council and staff when Andrew Circles would be replaced. 6 MINUTES for City Council Meeting of Tuesday, June 7, 2022 Page 7

d. City Counci l consider adopting Resolution No. 2022 -77, authorizing pursuit of a lease agreement with the Transportation Ag ency of Monterey County (TAMC) to lease a portion of the Monterey Branch Line to be used for recreati onal purposes; and selecting an operator for the Monterey Branch Line and determining the term of lease for the operator.

Council Questions: Who has the right of way at on the coastal trail where the bike lane crosses the tracks? Any safety measures in that area? Are we adding any additional rates to the TAMC rate to cover city admin costs? If we are selecting a vendor tonight is there another packet of information that give financials for the proposed vendors? Are they required to obtain a business license? Do we tax, the service itself per car? Is there any kind of other than a monthly rental for the for the track? Can we, extract per car or per passenger tax ? Do we know about how much income they were generated last time, or have statistics of customers or incidental increases in our hotels or our restaurants ? What kind of charges would it now be compared to last year? What are the benefits for Marina? On Exhibit A, who put down this list of concerns and do we have answers? Did the ven dors see this lis t of concerns and respond to them ? Do we expect for the California Coastal Commission to have to be involved in any way? What about the County? Does a CEQA review need to be done? The 2 proposal we’ve gotten so far, do they propos e a year-round lease or limited number of months? Would it be appropriate for the city to recoup its cost that the city charge and application fee to cover the time it takes staff to go through that phase, and then, later on charge a winning ven dor fee you know an operating fee, so the vendor that was selected in order to recoup the cost the city has after selection? Public Comments:
• Denise Turley – Asked what about noise abatement from the potential riders and cars ? Asked if it was possible to ride the carts one-way do some shopping and ride the carts back? • Tuka – Enjoyed helping out last year when this was here. Addressed t he concer n about cross traffic on the rails . Think it's a great opportunity to be out there agai n a nd looks forward to working out there again this summer with the Clark fami ly, and running the handcars and sharing the experience and stories with different people from all walks of life. • Brian Jacobsen – Extremely grateful council has chosen to embrace this enterprise of managi ng this piece of track so that this event can happen again. Supports the Clarks family knowing they can turn it into a great historical educational event.
• Scott Shapely – Had the pleasure of riding on the cars a few times last year we brought and brought some friends from out of town, and they had a really great experience. The Clark family help to clean up the tracks of high weeds and fixed part of the tracks. I t’s a just a really cool endeavor for everyone to enjoy.
• Karen Andersen – Supports the Clark family. A wesome experience to help prep the tracks and save some plants out there last summer before they things started . Enjoyed riding the carts and look forward to the opportunity to do it again. Hopes the Council will support the Clark family • Laura Hoover – Thanked Council for considering this proposal and supports the Clark family. This is a unique opportunity for Marina
BIALA/BERKLEY: TO APP ROVE RESOLUTION NO. 2022 -77, AUTHORIZING PURSUIT

OF A LEASE AGREEMENT WITH THE TRANSPORTATION AGENCY OF MON TEREY

COUNTY (TAMC) TO LEASE A PORTION OF THE MONTEREY BRANCH LINE TO BE USED FOR RECREATIONAL PURPOSES; AND SELECTING MUSEUM OF HANDCAR

TECHNOLOGY AS THE OP ERATOR FOR THE M ONTEREY BRANCH LINE AND DETERMINING THE TERM OF LEASE FOR THE OPERATOR . 3-0-0-2(Medina Dirksen, Burnett) Motion Passes by Roll Call Vote
7 MINUTES for City Council Meeting of Tuesday, June 7, 2022 Page 8

e. City Council receive presentation on the long-term vision and fiscal sustainability, hangar and infrastructure needs and solutions, and potential financial support from the M ilitary Assista nce Program for the Marina Mun icipal Airport . Continued to June 21, 2022.

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 make a brief report on his or her own activities as permitted by Government Code Section 54954.2.

13. ADJOURNMENT: The meeting adjourned at 10:58 P.M.

Anita Sharp, Deputy City Clerk

ATTEST:

Bruce C. Delgado, Mayor
8 June 14, 2022 Item No. 8f(1)

Honorable Mayor and Members City Council Meeting
of the Marina City Council of June 21, 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 JUNE 21, 2022, THROUGH JULY 21, 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 June 21, 2022, through July 21, 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; on March 1, 2022 Council adopted Resolution No. 2022-32, extending that period to March 31, 2022, on March 15, 2022 Resolution 2022-34; April 19, 2022 Resolution No. 2022- 48, and on May 17, 2022 adopted Resolution No. 2022 -54 extending 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 June 21, 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 variants 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 hold s 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 risks 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 submitted 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 June 21, 2022, through July 21, 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 JUNE 21, 2022, THROUGH JULY 21, 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, Resolution 2022-02 on January 11, 2022, Resolution 2022-13 on February 1, 2022, Resolution No. 2022-13 on March 1, 2022 , Resolution 2022-32, on March 15, 2022 Resolution 2022 -34; April 19, 2022 Resolution No. 2022 -48, and on May 17, 2022 Resolution No. 2022 -54 extending 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 June 21, 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 June 13, 2022, the federal Centers for Disease Control and Prevention rated the risk level for community transmission of COVID-19 in Monterey County as medium with a case rate of 29.9 individuals per 100,000 persons, as of June 13, 2022, a total of 750 persons have died of COVID-19 and 367 persons are reported as new cases currently suffering from COVID-19 with 27 persons reported hospitalized in Monterey County by the County Health Department; this situation has 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 condu ct 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 p ublic 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 no tice 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 agency from broadcasting the meeting to the public using the call -in or internet-based service option or is within the local agency’s contr ol 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 per iod for users to register and may not close the registration comment period until the comment period has elapsed.

NOW, THEREFORE, 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 emergenc y 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 June 13, 2022, the federal Centers for Disease Control and Prevention rated the risk level for community transmission of COVID -19 in Monterey County as medium with a case rate of 29.9 individuals per 100,000 persons, as of June 13, 2022, a total of 7 50 persons have died of COVID -19 and 367 persons are reported as new cases currently suffering from COVID-19 with 27 persons reported hospitalized in Monterey County by the County Health Department; 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) July 21, 2022, or such time the City Co uncil 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 21st day of June 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 June 7, 2022 Item No: 8f(2)
Honorable Mayor and Members City Council Meeting
of the Marina City Council of June 21, 2022
CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 20 22-

AUTHORIZING RELEASE OF A REQUEST FOR PROPOSALS FOR

CONSULTANT SERVICES TO PREPARE A COMPREHENSIVE

GENERAL PLAN UPDATE AND ACCOMPANYING ZONING
ORDINANCE UPDATE , MAPS, AND CEQA REVIEW ; AUTHORIZING

THE FINANCE DIRECTOR TO MAKE NECESSARY ACCOUNTING
AND BUDGETARY ENTRIES ; AND AUTHORIZING THE CITY

MANAGER TO EXECUT E THE AGREEMENT ON BEHALF OF THE

CITY SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY

ATTORNEY
REQUEST:

It is requested that City Council consider:

1. Adopting Resolution No. 2022 -, a uthorizing release of a Re quest for Proposals for Consultant Services to prepare a comprehensive General Plan Update and accompanying zoning code and map updates, and appropriate CEQA review ; and authorizing the Finance Director to make necessary budget and accounting entries; and

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

BACKGROUND:

The City’s current General Plan wa s adopted in 2000 and has been amended through 20 10, not including regular updates to the Housing Element which last occurred in 2015. General Plans are intended to accommodate a 20 -year planning horizon. The comprehensive update will update and/or create the Elements re quired to be included in a modern General Plan (GP) as described in t he Governor’s Office of Planning & Research (OPR) 2017 General Plan Update Guidelines. At a minimum, the update will address the following required Elements: Land Use, Conservation, Noise, Circulation, Open Space, Air Quality , Environmental Justice (EJ), an d Safety. The Land Use, Safety, and EJ Elements will also consider the long -term environmental effects of changes to the land use designations and zoning code initiated through the Housin g Element process. The current GP is formatted in an unconventional w ay in th at the required Elements are not identified and laid out in a way that is user -friendly or easily referenced. The update will endeavor to bring the City ’s guiding principles into compliance with current land use and zoning statutes and create a doc ument that better addresses the challenges that the City will be encountering in the near - and long -term re lating to land use, climate change, transportation, infrastructure, and environmental protections. 1 The City of Marina is considered a full-service city and provides a wide range of services including police, fire, planning, building and safety, maintenance of roads, engineering, water and sewer, code enforcement, recreation, and parks . The City has grown and changed considerably since 2000 in terms o f its land base and the regulatory framework that governs land use. Included in these changes are the ac quisition of considerable lands of the former Fort Ord Ar my Base, the development and adoption of the Marina Station, Marina Municipal Airport Business and Industrial Park/UC MBEST Center , and the Dunes at Monterey Bay Specific Plans, changes to water and wastewater infrastructure, and major new developments at the airport and the CSUMB Campus.

Although the 6 th Cycle Housing E lement will be completed under a separate contract, the two efforts will be somewhat co ordinated to ensure that policies adopted through the Housing Element process are included in the GP Update and associated environmental review under the California Environmental Quality Act (CEQA).

Since 2000/2010, a wide variety of statutes have been enacted by the State legislature relating to disadvantaged communities, complete streets, sustainability, fire hazards and safety, tribal and cultural resources, climate adaptation strategies including greenhouse gas emission reduction requirements, and many others. This GPU will ensure that the City’s blueprint for development in the coming years follows State mandates and meets the City’s goals of sustainability consisting of a balanced local and global effort to meet basic human needs without destroying or degrading the natural environment.

A major benefit to having a modern General Plan with a legally defensible and robust EIR is that future large development projects may be able to tier off this EIR if the proposal is consistent which results in a streamlined project and significant cost and time savings to both the applicant and the developer.

The GPU and subsequent municipal code amendments needed to implement the adopted policies will require the preparation of an Environmental Impact Report (EIR). The successful candidate will be selected to prepare all aspects of this effort including updating the City’s land use and zoning maps.

The Request for Proposals (RFP) will be available for review on the City’s Bids and Proposals website: https://www.cityofmarina.org/bids.aspx The timeframe for the RFP is:

• Informational announcement to City Council June 21, 2022, Planning Commission July 14, 2022
• Distribution of the RFP June 24, 2022
• Pre-Bid Informational Meeting for Interested Consultants July 22, 2022 • Deadline to Submit Proposals August 17, 2022, 3:00 pm • Review of Submittals August 17-26, 2022
• Scheduled Interviews September 12-16, 2022
• Contract Review by City Council for Award October 18, 2022, or a scheduled meeting in November 2022

2 The RFP review and interview team will consist of Community Development Director, Guido Persicone; Sr. Planner, Alyson Hunter; and Assistant City Manager, M att Mogenson . City Manager, Layne Long, may participate in final candidate selection, if s o desired. After the city staff has reviewed and made a recommendation, the final contract award will be done by the City Council in the Fall of 2022.

FISCAL IMPACT:

At its May 3, 20 22, meeting, the City Council authorized the use of $965,000.00 of General Plan Maintenance Fee revenue for the G PU effort . Staff’s recent research on the cost of a comprehensive GPU/EIR and zoning code amendments indicates that the actual cost may be more in the range of $1.5-2M. This would re quire a budget amendment to tra nsfer the remainder from the General Fund to the Gener al Plan accounting project (EDC 2014) . The results of the RFP and the budget proposals included will provide staff with a better understanding of the actual cost and can provide further information to the Council once the submittal period closes.

ENVIRONMENTAL DETERMINATION
The City of Marina determined that the proposed action (Authorize release of a Request for Proposals) is not a project as defined by the California Environmental Qual ity Act (CEQA) (CCR, Title 14, Ch apter 3 ( CEQA Guidelines, Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 includes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that th e activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

CONCLUSION:

This request is submitted for City Council discussion and action.

Respectfully submitted,

_____________________________
Alyson Hunter, AICP
Senior Planner, Community Development Department
City of Marina

REVIEWED/CONCUR:

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

_____________________________
Layne P. Long
City Manager
City of Marina

3 RESOLUTION NO. 2022-

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

RELEASE OF A REQUEST FOR PROPOSALS FOR CONSULTANT SERVICES TO

PREPARE A COMPREHENSIVE GENERAL PLAN UPDATE AND ACCOMPANYING ZONING ORDINANCE UPDATE, MAPS, AND CEQA REVIEW; AUTHORIZING THE

FINANCE DIRECTOR TO MAKE NECESSARY ACCOUNTING AND BUDGETARY ENTRIES; AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE

AGREEMENT ON BEHALF OF THE CITY SUBJECT TO FINAL REVIEW AND

APPROVAL BY THE CITY ATTORNEY

WHEREAS, since the adoption of the City ’s current General Plan in 20 00, the City has changed dramatically through both geographic expansion resulting from the dissolution of the Fort Ord Army Base and through significant resi dential, commercial, institutional, and industrial development over the past 20 years;

WHEREAS, several Specifi c Plans have been adopted and implemented that supersede substantial planning areas of the current General Plan;

WHEREAS, the City of Marina is obligated to implement California’s Planning Priorities, as described in the 2017 Office of Planning & Research (OPR) General Plan Update Guidelines, which are to:

1. To promote infill development and equity by rehabilitating, maintaining, and improving existing in frastructure that supports infill development and appropriate reuse and redevelopment of previously developed, underutilized land tha t is presently served by transit, streets, water, sewer, and other essential services, particularly in underserved areas, and to preserving cultural and historic resources.

2. To protect environmental and agricultural resources by protecting, preserving, and enhancing the state’s most valuable natural resources, including working landscapes such as farm, range , and fo rest lands, natural lands such as wetlands, watersheds, wildlife habitats, and other wildlands, recreation lands such as parks, trails, greenbelts, and other open space, and landscapes with locally unique features and areas identified by the state as deserving special protection.

3. To encourage efficient development patterns by ensuring that any infrastructure associated with development, oth er than infill development, supports new development that does all of the following:
a. Uses land efficiently.
b. Is built adjacent to existing developed areas to the extent consistent with the priorities specified pursuant to subdivision (b).
c. Is located in an area appropriately planned for growth. d. Is served by adequate transportation and other essential utilities and services. e. Minimizes ongoing costs to taxpayers

WHEREAS, recent housing laws that govern the preparation of a City ’s Housing Element will require that the City of Marina , in addition to its separate Housing Element update, also update its Land Use and Safety Elements and to incorporate Environmental Justice policies throughout the document as appropriate;

4 Resolution No. 2022-
Page Two

WHEREAS, in order to maximize the efficiency of effort, the General Plan Update should closely follow the update of the Housing Element so that the speci fic Element updates and their required environmental review can be conducted in concert with the Housing Element;

WHEREAS, t he City expects this project to provide standards that will be consistent with relevant statutes adopted by the State legi slature since 2000 and the GPU Guidelines prepared by the OPR;

WHEREAS, the City will utilize $965,000.00 generated through the General Plan Update Fee, a fee collected through the issuan ce of Building Permits , and additional funds allocated from the General Fund;

WHEREAS, in order to complete the project, the City will hire a qualified consultant to prepare the General Plan Update and corre sponding zoning code and map(s), as well as an EIR to address the significant environmental impacts that may resul t from the changes in policies and standards; and,

WHEREAS, the City of Marina determined that the proposed action (adoption of this Resolution) is not a project as defined by the California Environmental Qual ity Act (CEQA) (CCR, Title 14, Chapter 3 (“CEQA Guideli nes), Article 20, Section 15378). In addition, CEQA Guidelines Section 15061 in cludes the general rule that CEQA applies only to activities which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA.

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

1. Authorizing release of a Request for Proposals for Consultant Services to prepare a comprehensive General Plan Update and accompanying zoning code and map updates, and appropriate CEQA review; and authorizing the Finance Director to make necessary budget and accounting entries; and

2. Authorizing the City Manager to execute agreement 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 21st day of June 2022, by the following vote:

AYES, COUNCIL MEMBERS:

NOES, COUNCIL MEMBERS:

ABSENT, COUNCIL MEMBERS:

ABSTAIN, COUNCIL MEMBERS:

_________________________
Bruce C. Delgado, Mayor
ATTEST:

_________________________________
Anita Sharp, Deputy City Clerk
5 June 16, 2022 Item No.8f(3)
Honorable Mayor and Members City Council Meeting
of the Marina City Council of June 21, 2022
CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2022 -,

APPROVING ESTIMATED COST FOR SERVICES FOR CALENDAR YEAR 2022, FOURTH OF JULY ACTIVITIES AND SETTING COST RECOVERY SURCHARGE AT SIX (6%) PERCENT FOR CALENDAR YEAR 2022
PURSUANT TO MARINA MUNICIPAL CODE SECTION 15.32.580
REQUEST:

It is requested that the City Council:

1. Consider adopting Resolution No. 2022-, approving estimated cost for service for calendar year 2022, Fourth of July activities; and

2. Setting cost recovery surcharge at six (6%) percent for calendar year 2022 pursuant to Marina Municipal Code Section 15.32.580.

BACKGROUND:

The Marina Police Department, Fire Department, Public Works Division and Recreation are all impacted by the use and sale of fireworks in the City of Marina. Each department expends resources for processing and issuing permits, inspection of stands; public education and awareness; enforcing the provisions of the Marina Municipal Code and the California Health and Safety Code, including extra personnel time, cleanup of the City parking lots from the firework trash and debris left behind each year.

At the regular meeting of the Marina City Council held on November 19, 2019, the Marina City Council approved Ordinance No. 2019 -03 amending Chapter 15.32 to add Section 15.32.580 to the Marina Municipal Code to provide for a Firework Cost Recovery Surcharge.

ANALYSIS:

Pursuant to the Ordinance, t he amount of the assessment shall be determined each year by Resolution on or about the second regular City Council meeting in May of that year and a notice sent to each of the permittees.

The total City expend iture for police, fire, public works and recreation is estimated to be $10,592.64 dollars for calendar year 2022. Staff is requesting for consideration, approving estimated cost for service for calendar year 2022 (“EXHIBIT A”), Fourth of July activities and setting the cost recovery surcharge for calendar year 2022 at six (6%) percent pursuant to Marina Municipal Code Section 15.32.580.

FISCAL IMPACT:

The Fireworks sales fluctuate every year. Based on the last 3 years of fireworks sales, the cost recovery surcharge should bring an approximate fee revenue of $10,633.12 The revenue collected is expected to cover approximately 100 percent of the cost for services in 2022 that would otherwise not be collected absent a cost recovery surcharge.

CONCLUSION:

This request is submitted for City Council consideration and possible action. 1 Respectfully submitted,

_____________________________
Doug McCoun
Fire Chief
City of Marina

REVIEWED/CONCUR:

___________________________
Tina Nieto
Chief of Police
City of Marina

________________________________
Brian McMinn
Public Works Director
City of Marina

_____________________________
Layne P. Long
City Manager
City of Marina

2 RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA
APPROVING ESTIMATED COST FOR SERVICES FOR CALENDAR YEAR 2022,

FOURTH OF JULY ACTIVITIES AND SETTING COST RECOVERY SURCHARGE AT SIX (6 %) PERCENT PURSUANT TO MARINA MUNICIPAL CODE SECTION

15.32.580

WHEREAS, the Marina Police Department, Fire Department, Public Works Division and Recreation are all impacted by the use and sale of fireworks in the City of Marina, and;

WHEREAS, each department expends resources for processing and issuing permits , inspection of stands; public education and awareness; enforcing the provisions of the Marina Municipal Code and the California Health and Safety Code, including extra personnel time, and cleanup of the City parking lots and firework trash and debris left behind each, and;

WHEREAS, at the regular meeting of the Marina City Council held on November 19, 2019, the Marina City Council approved Ordinance No. 2019-03 amending Chapter 15.32 to add Section 15.32.580 to the Marina Municipal Code to provide for a Firework Cost Recovery Surcharge, and;

WHEREAS, the exact amount of the assessment shall be determined each year by Resolution on or about the second regular City Council meeting in May of that year and a notice sent to each of the permittees. and;

WHEREAS, the total City expenditure for police, fire, public works and recreation is estimated to be $10,592.64 dollars for calendar year 2022; and

WHEREAS, staff is requesting for consideration approving estimated cost for service (“Exhibit A”) for calendar year 2022, Fourth of July activities; and

WHEREAS, setting the cost recovery surcharge at six (6%) percent for calendar year 2022 pursuant to Marina Municipal Code Section 15.32.580; and

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

1. Approve estimated cost for service for calendar year 2022, Fourth of July activities; and

2. Setting the cost recovery surcharge at six (6%) percent for calendar year 2022 pursuant to Marina Municipal Code Section 15.32.580.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 21st day of June 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

_____________________________
Bruce C. Delgado, Mayor
ATTEST:

____________________________
Anita Sharp, City Clerk

3 Exhibit A

City Firework Expenditures 2022

Public Works:

Miscellaneous cleanup as needed:

Maintenance Worker II $78.20 No OT 4-hours = $312.80 Maintenance Worker II $78.20 No OT 4-hours = $312.80

TOTAL: $625.60

Recreation & Cultural Services:

City Park site visit/post & remove signage, lighting @ Los Arbolos Sport Complex

Recreation Department Recreation Personnel = $608.08

TOTAL: $608.08

Police Department Operations:

CSO $80.63 OT Rate + $20.27 = $100.90 8-hours = $ 807.20 Police Officer x 3 $106.52 OT Rate + $20.27 = $126.79 8-hours = $1,014.32 Police Sgt $133.41 OT Rate + $20.27 = $153.68 8-hours = $1,229.44

TOTAL: $3,050.96

Fire Department Operations:

Booth walk through & site visits for initial setup. $1,350.00 Daily Engine Company Inspections for booths (6 Days) $1,620.00 No overtime (on-duty Captain, Engineer & Firefighter)
Third Person to staff 2nd Engine Company 24 OT @ $56.04 $1,345.00 Fire Department Administrative Permit Processing $1,993.00 (Includes Pre Meeting, Safety Bulletins, Staff Report etc.)

TOTAL: $6,308.00

TOTAL ESTIMATED EXPENDITURES: $10,592.64
4 June 3, 2022 Item No. 8g(1)

Honorable Mayor and Members City Council Meeting
of the Marina City Council of June 21, 2022

CITY CO UNCIL CONSIDER ADOPTING RESOLUTION NO. 20 22-,

APPROVING A PUBLIC IMPROVEMENT AGREEMENT FOR SEA
HAVEN PHASE 4A BETWEEN THE C ITY OF MARINA AND THE
CONTRACTING PARTIES OF 104 INVESTMENTS, LLC , LOCANS

INVESTMENTS, LLC, WATHEN CASTANOS PETERSON HOMES,
INC., WATHEN CASTANOS PETERSON COASTAL, LP, AND MARINA DEVELOPERS, INC., AND; AUTHORIZING CITY MANAGER TO

EXECUTE THE PUBLIC IMPROVEM ENT AGREEMENT ON BEHALF

OF THE CITY SUBJECT TO FINAL REVIEW AND APPROVAL BY THE

CITY ATTORNEY

RECOMMENDATION:

It is recommended that the City Council:

1. Consider adopting Resolution No. 20 22-, approving a Public Improvement Agreement for Sea Haven Phase 4A between the City of Marina and the Contracting Parties of 104 Invest ments, LLC, Locans Inve stments, LLC, Wathen Castanos Peterson Homes, Inc., Wathen Castanos P eterson Coastal, LP, and Marina Developers, Inc., and;

2. Authorizing the City Manager t o e xecute the Public Improvement Agreement on behalf of the City subject to final review and approval by the City Attorney.

BACKGROUND:

At the regular meeting o f March 21, 2006, the City Council adopted Resolution No. 2006 -56, approving the Phase 1 Final Map for the Marina Heights Development Project Subdivision and subdivision improvement agreement. The Phase 1 final map and improvem ent plans were only for the major roadways (Arterials) and utilities for the Marina Heights Project.

At the regular meetin g o f September 6, 2006, the City Coun cil adopted R esolution 2006-228, approving the Phase 2 Final Map for the Marina H eights Subdivision the Subdivision Improvement Agreement . The Phase 2 final map and improvement plans are for th e first 299 residential units in the Marina Heights Project.

At the regular meeting o f August 7, 2019 , the City Coun cil adopted R esolution 2019-78 and 2019-81, approving the Phase 5A Subdivision Improvement Agreement and the Final Map for the Marina Heights (now Sea Haven) Subdivision.

At the regular meeting o f February 19, 202 0, the City Coun cil adopted R esolution 2020-20, approving the Phase 3A Subdivision Improvement Agreement for the Marina H eights (now Sea Haven) Subdivision.

At the regular mee ting o f March 16 , 2021, the City Coun cil adopted R esolution 2021-18, approving the Public Improvement Agreement for Sea Haven Phase 3B.

1 ANALYSIS:

The developer contr acting parties have submitted the Phase 4A Final Map and Improvemen t Plans for approval. The Public Improvement Agreement has also been submitt ed and will provide labor and materials and faithful perfo rmance bonds required for the recordation of the Phase 4A Final Map. It has been determined that the Tentative Map Conditions of Approval will be met with the inclusion of the Public Improvement Agreement. The Agreement has been found consistent with the conditions of the Development Agreement and previous Public Improvement Agreements.

The Phase 4A final map and improvement plans are for 216 residential units in the Marina Heights Proj ect. The Phase 4A final map and improvement plans include the s pecific neighborhood improvem ents such as parks and o pen space that support 216 residential unit s including five below market rate unit sites. Each site will have six units for a total of thirty below market rate units for this phase.

All required future phased final maps must meet all the appropriate conditions of app roval and will be presented to City Council for consideration at a future date.

FISCAL IMPACT:

Should the City Council approve this request, the City re quires the Developer to provide satisfactory evidence of their ability to complete the public improvements by the posting of labor and material and faithful performance subdivis ion improvement bonds in an amount of 100% of the City Engineer's estimate of the cost to perform the work.

For the construction for Phase 4A, the Developer will post a bond in the amount of Three Million Three Hund red Fift y-One Thou sand Eight Hund red Sixty -Seven Dollars ($3,351,867) for completion of the p ublic improvements and a bond in the amount of Three Million Three Hundred Fift y-One Thou sand Eight Hund red Sixty -Seven Dollars ($3,351,867) to secure payment for labor and materials prior to the recording of the Phase 4A Final Map.

CONCLUSION:

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

Respectfully submitted,
__________________________
Edrie Delos Santos, P.E.

Senior Engineer, Engineering Division
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 THE CITY OF MARINA APPROVING A PUBLIC
IMPROVEMENT AGREEMENT FOR SEA HAVEN PHASE 4A BETWEEN
THE CITY OF MARINA AND THE CONTRACTING PARTIES OF 104

INVESTMENTS, LLC, LOCANS INVESTMENTS, LLC, WATHEN
CASTANOS PETERSON HOMES, INC., WATHEN CASTANOS PETERSON COASTAL, LP, AND MARINA DEVELOPERS, INC.; AND AUTHORIZING

CITY MANAGER TO EXECUTE THE PUBLIC IMPROVEMENT

AGREEMENT ON BEHALF OF THE CITY SUBJECT TO FINAL REVIEW

AND APPROVAL BY THE CITY ATTORNEY

WHEREAS, at the regular meeting of March 21, 2006, the City Cou ncil adopted Resolution No. 2006-56, approving the Phase 1 Final Map for t he Marina Heights Development Project Subdivision and subdivision improvement agreement. The Phase 1 final map and improvem ent plans were only for the major roadways (Arterials) and utilities for the Marina Heights P roject, and;

WHEREAS, at the regular me eting of September 6, 2006, the City Coun cil adopted Resolution 2006-228, approving the Phase 2 Final Map for the Marina H eights Subdivision the Subdivision Improvement Agreement . The Phase 2 final map and improvement plans are for th e first 299 residential units in the Marina Heights Project, and;

WHEREAS, at the regular meeting o f August 7, 2019 , the City Coun cil adopted R esolution 2019-78 and 2019 -81, approving the Phase 5A Subdivision Improvement Agreement and the Final Map for the Marina Heights (now Sea Haven) Subdivision, and;

WHEREAS, at the regular meeting o f February 19, 2020, the City Coun cil adopted Resolution 2020-20, approving the Phase 3A Subdivision Improvement Agree ment for the Marina H eights (now Sea Haven) Subdivision, and;

WHEREAS, at the regular mee ting o f March 16 , 2021, the City Coun cil adopted R esolution 2021-18, approving the Public Improvement Agreement for Sea Haven Phase 3B, and;

WHEREAS, the developer contr acting parties have submitted the Phase 4A Final Map and Improvement Plans for approval. The Public Improvement Agreement has also been submitt ed and will provide labor and materials and faithful pe rformance bonds required for the recordation of the Phase 4A Final Ma p. It has be en determined that the Tentative Map Condition s of Approval will be met with the inclu sion of the Public Improvement Agreement . The Agreement has been found consistent with th e conditions of the Development Agreement and previous Public Improvement Agreements, and;

WHEREAS, the Phase 4A final map and improvement plans are for 216 residential units in the Marina Heights Project. The Phase 4A final map and improvement plans include the specific neighborhood improvements such as parks and open space in the area of the 216 residential units including thirty below market rate units, and;

WHEREAS, all required future phased final maps must meet all the appropriate conditions of approval and will be presented to City Council for consideration at a future date, and;

3 Resolution 2022-
Page Two

WHEREAS, should the City Council approve this request, the City requires the Developer to provide satisfactory evidence of their ability to complete th e public improvements by the posting of labor and material and faithful performance subdivis ion improvement bonds in an a mount of 100% of the City Engineer's estimate of the cost to perform the work, and;

WHEREAS, for the construction for Phase 4A, the Developer will post a bond in the amount of Three Million Three Hund red Fift y-One Thou sand Eight Hund red Sixty -Seven Dollars ($3,351,867) for co mpletion of the pub lic improvements and a bond in the amount of Three Million Three Hundred Fifty-One Thousand Eight Hundred Sixty-Seven Dollars ($3,351,867) to secure payment for labor and materials prior to the recording of the Phase 4A Final Map.

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

1. Approve a Public Improvement Agreement for Sea Haven Phase 4A between the City of Marina and the Contracting Parties of 104 Invest ments, LLC, Locans Inve stments, LLC, Wathen Castanos Peterson Homes, Inc., Wathen Castanos P eterson Coastal, LP, and Marina Developers, Inc., and;

2. Authorize the City Manager to execute the Public Improvement Agreement on behalf of the City subject to final review and approval by the City Attorney.

PASSED AND ADOPTED by the City Council of the Cit y of Marina at a reg ular meeting duly held on the 21st day of June 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

PUBLIC IMPROVEMENT AGREEMENT

CITY OF MARINA

5 1

AGREEMENT FOR IMPROVEMENT OF STREETS, INSTALLATION OF STORM D

RAINS AND OTHER PUBLIC WORKS FACILITIES
“Sea Haven”
– Phase 4A –
This Agreement for Improvement of Streets, Installation of Storm Drains and Other Public Works Facilities (“Agreement”) is made and entered into this ___ day of May 2022, by and between the City of Marina, herein called the “City,” a municipal corporation, and 104 Investments, LLC, a California limited liability company, Locans Investments, LLC, a California limited liability company, Wathen Castanos Peterson Homes, Inc., a Delaware corporation, and Wathen Castanos Peterson Coastal, LP, a California limited partnership (collectively referred to herein as “Co- Owners”) together with Marina Developers, Inc., a California corporation (referred to herein as the “Developer”). Co-Owners and Developer are collectively referred to herein as “Contracting Parties” and in the singular as a “Contracting Party.” The City and the Contracting Parties are referred to herein as the “Parties.

WHEREAS, pursuant to the grant deed from Cypress Marina Heights LLC (“Cypress Marina Heights”) dated April 13, 2018, as Document No. 2018015912 (the “Deed”), Co-Owners are now the owners of the land known as “Sea Haven Phase 4A” (the “Property”); and WHEREAS, the Parties acknowledge that in the development of the Property the Parties are subject to requirements for payment of prevailing wage in accordance with the Master Resolution adopted by the former Fort Ord Reuse Authority on March 14, 1997 as recorded in the Official Records of the Monterey County Recorder on April 14, 2020; and pursuant to the holding i
n Monterey/Santa Cruz County Building and Construction Trades Council v. Cypress Marina Heights, (2011) 191 Cal. App. 4th 1500; and
WHEREAS, Developer is under contract to purchase the Property from Co-Owners and after such purchase will improve the Property according to this Agreement; and WHEREAS, the City and Cypress Marina Heights previously entered into that certain Final Development Agreement dated as of March 3, 2004 (the “Development Agreement”), pursuant to which the City and Cypress Marina Heights, LLC agreed to certain matters with respect to the development, formerly known as Marina Heights and now known as Sea Haven, of 1,050 homes (the “Project”) on certain real property, consisting of approximately two hundred forty-eight acres located between Imjin Road, Abrams Drive and 12th Street in the City (the “Project Site”); and W
HEREAS, the City and Cypress Marina Heights amended the Development Agreement once previously with that certain Implementation Agreement dated October 11, 2007 (the Development Agreement, as so previously amended by the Implementation Agreement being referred to herein as the “Amended Development Agreement”); and WHEREAS, Cypress Marina Heights assigned, and Wathen Castanos Peterson Homes, Inc., assumed, portions of the rights and obligations of Cypress Marina Heights under the Amended Development Agreement between the City and Cypress Marina Heights; and WHEREAS, Cypress Marina Heights remains obligated under the Amended Development Agreement for the balance of the Project not yet conveyed to third parties; and WHEREAS, prior to its adoption of the Development A g
reement, the City approved a
Specific Plan for the Project Site, General Plan Amendments, a Specific Plan Zoning Ordinance and Map Amendments, a tentative Map and certified an EIR (collectively the “Project Approvals”)

EXHIBIT A TO STAFF
REPORT
6 2

subject to the Conditions Approval attached to Resolution 2004-44 and compliance with Marina Municipal Code Section 16.16.100 requiring a subdivision improvement agreement and bonding prior to approval of the first Final Map; and

WHEREAS, consistent with the Project Approvals, the Developer, with the consent of the Co-Owners, is in the process of developing the Project on the Project Site; and WHEREAS, on July 3, 2018, the City and Wathen Castanos Peterson Homes, Inc. entered into the First Amendment to the Development Agreement (“First Amendment”) amending the terms of the Amended Development Agreement; and

WHEREAS, improvement plans entitled “Street Improvement Plans for Sea Haven Phase 4A,” herein “Improvement Plans,” have been submitted to the City for approval and acceptance which improvements are to include new storm drain system, curb, gutter, asphalt concrete pavement, street lights and electrical facilities, sidewalk, striping, traffic signs, and survey monuments, as shown on Exhibit A, herein the “Improvements;” and

WHEREAS, the Developer, with the consent of the Co-Owners, will subsequently submit for approval by the City and subsequent recording with the office of the Monterey County Recorder, a final map (“Final Map”) for Sea Haven Phase 4A; and

WHEREAS, the City will not accept any of the Sea Haven Phase 4A Improvements to be constructed pursuant to this Agreement until all the conditions of this Agreement are satisfied in full; and

WHEREAS, the Co-Owners or Developer require certain utilities and public works facilities in order to service the Project under the minimum standards established by the City; and

WHEREAS, the City, by and through its City Council, has enacted certain Codes, Ordinances and Resolutions and certain Rules and Regulations have been promulgated concerning the subject matter of this Agreement; and

WHEREAS, the City has certain responsibilities for maintenance and operation of such Improvements, and public service facilities after acceptance by City, and for providing the necessary connecting system, and the City has agreed to discharge those responsibilities following its acceptance of the Improvements.

NOW THEREFORE, in consideration of the foregoing and in order to carry on the intent and purpose of said Codes, Ordinances, Resolutions, Rules and Regulations, it is agreed by and between the City and the Contracting Parties as follows:

SECTION 1

The recitals to this Agreement are hereby incorporated into the terms of this Agreement.

All applicable Codes, Ordinances, Resolutions, Rules and Regulations and established policies of the City and the laws of the State of California and the United States of America concerning the subject matter of this Agreement are hereby referred to and incorporated herein to the same effect as if they were set out a length herein. Said Codes, Ordinances, Resolutions, Rules and Regulations include, but are not limited to, the following: The Municipal Code of the City of Marina, including the current Zoning Ordinance, and the currently adopted California Building Code.

7 3

SECTION 2

The Contracting Parties agree:

a. To be jointly and severally liable to perform each and every provision required by the City to be performed by the Contracting Parties in each and every one of the applicable Codes, Ordinances, Resolutions, Rules and other Regulations and to comply with the foregoing and all applicable laws.

b. To grant to the City or other entities entitled thereto, from property owned by the Co- Owners or subsequently by the Developer, without charge and free and clear of monetary liens and encumbrances, any and all public, private, utility, drainage, construction or access easements and rights of way (herein “easements”) in and to the Property necessary for the City, in order that the storm drain and street improvements to said real property may be extended; however, City shall not be obligated to accept any such easement, right-of-way or improvements thereon. At no cost to the City, City and Contracting Parties will work cooperatively with the owners of other real property to acquire all easements necessary to construct the Improvements. At no cost to the City, City agrees to support Contracting Parties in acquisition of easements necessary to construct the Improvements. City also agrees to issue Contracting Parties and/or Contracting Parties’ contractors encroachment permits necessary to accomplish said work.

Prior to acceptance of the Improvements by the City, Contracting Parties jointly and severally agree to indemnify, defend with counsel of City’s choice and hold the City and any of its officials, boards and commissions and members thereof, agents and employees, free and harmless from all suits, fees, claims, demands, causes of action, costs, losses, damages, liabilities and expenses (including without limitation reasonable attorney’s fees) because of, or arising, or resulting directly or indirectly, from: (i) any damage done to any utility, public facility or other material or installation of the City on said real estate as a result of the Contracting Parties or any contractor or subcontractor of the Contracting Parties, or any employee of the foregoing, grading or working upon said real estate; or (ii) any act or omission of Contracting Parties or Contracting Parties’ contractors, or subcontractors, or any employee of the foregoing in connection with the design, construction or other work performed by them in connection with this Agreement, including without limitation all claims relating to injury or death of any person or damage to any property, except for such claims, demands, causes of action liability, or loss arising out of the sole active negligence or intentional actions of the City or any of its officials, boards and commissions and members thereof, agents and employees. City shall not be responsible for the design or construction of the Improvements pursuant to the Improvement Plans, regardless of any negligent action or inaction taken by City in approving the Improvement Plans unless the particular improvement design was specifically required by City over written objection by Contracting Parties submitted to the City Engineer before construction and acceptance of the Improvements, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternate safe and feasible design. Prior to acceptance, Contracting Parties shall remain obligated for routine maintenance. After acceptance, Contracting Parties shall remain obligated to eliminate any defect in design or dangerous condition caused by the design or construction defect, however, Contracting Parties shall not be responsible for routine maintenance. Provisions of this Section shall remain in full force and effect in accordance with California Code of Civil Procedure Sections 337.1 and 337.15 following acceptance by City of the Improvements. The Improvement security shall not be required to cover the provisions of this Section. Contracting Parties shall reimburse City for all costs and expenses (including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs) incurred by City in enforcing the provisions of this Section.

8 4

c. To construct and improve all Improvements described on the Engineer’s Estimate referenced in Section 3 of this Agreement and the Improvement Plans submitted to the City in furtherance of this Agreement on file with the City. All construction and improvements shall be completed in accordance with all standards established in the applicable Codes, Ordinances, Resolutions, Rules and Regulations, all applicable laws and this Agreement, and in accordance with the grades, plans, and specifications approved by the City Engineer or his or her designee. Contracting Parties shall furnish two good and sufficient bonds, in an amount of 100% of the City Engineer’s, or his or her designee’s, estimated cost of the Improvements, guaranteeing Contracting Parties’ performance of this Agreement: (1) a Payment Bond on a form provided by the City; and (2) a Faithful Performance Bond, both of which must be secured from a surety company admitted to do business in California.

Each bond shall set forth a time period for performance by the Contracting Parties of their obligations and the terms and conditions on which the City may obtain the proceeds of the bond.

Alternatively, the Contracting Parties may provide a cash deposit in an amount of 100% of the City Engineer’s, or his or her designee’s, estimated cost of the Improvements to guarantee Contracting Parties’ performance of this Agreement.

The Faithful Performance Bond shall be in an amount not less than one hundred percent (100%) of the total estimated amount payable for the Improvements described in this agreement, and shall secure payment to City of any loss due to the default of the Contracting Parties or their contractors or their inability or refusal to perform this Agreement, and to guarantee or warranty the work done pursuant to this Agreement for a period of one year following acceptance thereof by City against any defective work or labor done or defective materials furnished. The performance bond shall by its terms remain in full force and effect for a period of not less than one year after completion of the Improvements and acceptance of the Improvements by the City, provided that after completion of the improvements and acceptance of the Improvements by the City, a separate warranty bond issued by a surety admitted to issue such bonds in California may substitute for the performance bond securing the warranty described above in the amount of ten percent (10%) of the total contract price of the Improvements (provided that amount of said bond shall not be less than One Thousand Dollars ($1,000)) to cover the one-year warranty period. Government Code §66499.7, and as it may hereafter be amended, extended, or otherwise modified, shall apply to a request for release, in whole or in part, of the Faithful Performance Bond.

The Payment Bond shall be in an amount not less than one hundred percent (100%) of the total estimated amount payable for the Improvements described in this Agreement. The Payment Bond shall secure the payment of those persons or entities to whom the Contracting Parties may become legally indebted for labor, materials, tools, equipment or services of any kind used or employed by the Contracting Parties’ contractor(s) or subcontractor(s) in performing the work, or taxes or amounts to be withheld thereon. The Payment Bond shall provide that the surety will pay the following amounts should the Contracting Parties, or Contracting Parties’ contractor(s) or subcontractor(s) fail to pay the same, plus reasonable attorneys’ fees to be fixed by the court if suit is brought upon the bond: (1) amounts due to any person that has a lien right pursuant to Title 3 (commencing with Section 9000) of Part 6 of Division 4 of the California Civil Code; (2) amounts due under the Unemployment Insurance Code with respect to work or labor performed for the improvements described in this Agreement; and (3) any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contracting Parties their contractors and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work and labor. The Payment Bond shall, by its terms, inure to the benefit of any person that has a lien right pursuant to Title 3 California Civil Code Section Part 6 of Division 4, commencing with Section 9000 so as to give a right of action to those persons or their assigns in any suit brought upon the bond. The Payment Bond may be released thirty-five days after the passage of time within which claims of lien are required to be recorded pursuant to California Civil Code Part 6 of Division 4 commencing with Section 8200, 9 5

but in no event shall such security be released prior to one hundred and twenty days after acceptance of the Improvements by the City Council. The amount to be released shall first be reduced by the total of all claims on which an action has been filed and notice thereof given in wiring to the City.

City expressly may require the surety not to release the amount of security deemed necessary by City to assure payment of reasonable expenses and fees, including reasonable attorney’s fees.

The Contracting Parties shall submit the following for both the surety that furnishes the Payment Bond and the surety that furnishes the Faithful Performance Bond: (1) a current printout from California Department of Insurances website ( www.insurance.ca.gov) showing that the surety is admitted to do business in the State; or (2) a certificate from the Clerk of the County of Monterey that the surety’s certificate of authority has not been surrendered, revoked, canceled, annulled, or suspended or in the event that it has, that renewed authority has been granted

d. If any on-site or off-site Improvements related to the Project, including, without limitation, the Improvements shown on the Improvement Plans, constructed by or caused to be constructed by the Contracting Parties or any of their affiliates, contractors, sub- contractors, or agents, are considered to be public works for purposes of prevailing wages under State law, then when such improvements are constructed they shall be constructed in compliance with the prevailing wage law pursuant to Labor Code §1720 et seq. and implementing regulations of the Department of Industrial Relations and shall comply with the other applicable provisions of the prevailing wage law, including, without limitation, the payment of prevailing wages in the construction of such improvements, as those wages are determined pursuant to the prevailing wage law. The City makes no representations or warranties as to whether any such improvements are considered to be public works for purposes of prevailing wages under State law. Should Contracting Parties or any of the aforementioned persons or entities fail to pay, fail to cause to be paid, or fail to have paid or caused to have been paid, prevailing wages, or to have failed to comply with the aforementioned prevailing wage laws as to any such improvements, and it is alleged, contended, or determined that Contracting Parties should have paid prevailing wages, or otherwise fail to comply with the prevailing wage law, Contracting Parties shall indemnify, defend, and hold harmless to the fullest extent permitted by law, the City from and against any and all claims, liability, loss, damage, expense, costs (including without limitation costs, attorney’s fees and fees of litigation) of every nature arising out of or in connection with the failure to pay prevailing wages or comply with the prevailing wage law. This indemnification obligation shall survive the termination of this Agreement.

e. At all times during the term of this Agreement and until the Improvements constructed by Contracting Parties are accepted by City, Contracting Parties shall, at no cost to City obtain and maintain (a) a policy of general liability and property damage insurance in the minimum amount of Two Million Dollars ($2,000,000), combined single limit for both bodily injury and property damage; (b) workers’ compensation insurance as required by law; and (c) broad form “Builder’s Risk” property damage insurance limits of not less than 100% of the estimated value of the Improvements to be constructed by Contracting Parties pursuant to this Agreement (Builders Risk Insurance is not required when only mass grading and roadway-related improvements consisting of no structures are to be constructed).

All such policies shall provide that thirty (30) days written notice must be given in advance to City prior to termination, cancellation or modification. The insurance specified above shall: (a) name City as additional insured; (b) shall name the City as a loss payee; and (c) shall provide that City, although an additional insured or loss payee, may recover for any loss suffered by reason of the 10 6

acts or omissions of Contracting Parties or Contracting Parties’ contractors or their respective employees. Contracting Parties hereby waive, and Contracting Parties shall cause each of their respective contractors and subcontractors to waive, all rights to recover against City for any loss or damage arising from a cause covered by the insurance required to be carried pursuant to this Agreement, and will cause each insurer to waive all rights of subrogation against City in connection therewith. All policies shall be written on an “occurrence basis” and not on a “claims made” basis and shall be issued by insurance companies authorized to conduct business in California with a current A.M. Best rating of no less than A: VII. Prior to commencing any work pursuant this Agreement, Contracting Parties shall deliver to City the insurance company’s certificate evidencing the required coverage, or if required by City a copy of the policies obtained.

f. Contracting Parties’ obligations under this Agreement are personal obligations of the Contracting Parties notwithstanding a transfer of all or any part of the Property subject to this Agreement. Contracting Parties shall not be entitled to assign their obligations under this Agreement to any transferee of all or any part of the Property to any third party without the express prior written consent of the City. Notwithstanding the foregoing, specifically excluding single family residential dwelling units sold to third party end-users, Co-Owners may transfer, assign or sell in one transaction or a series of transactions all or a substantial portion or interest of the Co- Owners in the Property or the Project (“Bulk Sale”) with prior written notice to the City, to any entity which controls, is controlled by or is under common control with the Co-Owners, without the need for the approval of the City provided that said assignee assumes, in full, the obligations of Co-Owners under this Agreement.

SECTION 3

An estimate of the cost for construction of the Improvements and performing land development work in connection with the Improvements according to the Improvement Plans has been made and has been approved by the City Engineer or his or her designee. That estimated amount is Three Million Three Hundred Fifty-One Thousand Eight Hundred Sixty-Seven Dollars ($3,351,867). The basis for the estimate is on file in the Office of the City Engineer and is incorporated into this Agreement by reference.

SECTION 4

Contracting Parties will commence construction of the Improvements required by this Agreement within six (6) months of the date of this Agreement, provided City has approved all of Contracting Parties’ Public Improvement Plans. Contracting Parties shall complete such construction of the Improvements within two (2) years of the date of this Agreement, unless otherwise extended in writing by the City Engineer. Contracting Parties shall maintain such public works facilities and other improvements described in this Agreement, at Contracting Parties’ sole cost and expense, at all times prior to acceptance by City in a manner which will preclude any hazard to life or health or damage to property.

SECTION 5

a) Default of a Contracting Party shall include, but not be limited to: (1) failure to timely complete the Improvements within two (2) years of the date of this Agreement, unless otherwise extended in writing by the City Engineer; (2) failure to timely cure after written notice any defect of the Improvements; (3) failure to perform substantial construction work for a period of sixty calendar days after commencement of the work; (4) insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which the Contracting Party fails to discharge within thirty (30) days; (5) commencement of a foreclosure action affecting 11 7

all or a portion of the Property, or any conveyance of all or a substantial portion of the Property in lieu or in avoidance of foreclosure; or (6) failure to perform any other obligation under this Agreement. Notwithstanding the foregoing, a Contracting Party shall not be in default under this Agreement if it cures any default within thirty (30) days’ of City’s written notice of such default; or, if the default may not reasonably be cured within such time period, if it commences to cure within thirty (30) days’ and thereafter diligently proceeds to complete the cure.

b) City reserves to itself all remedies available to it at law or in equity for breach of a Contracting Party’s obligations under this Agreement. City shall have the right, subject to this Section, to draw upon or utilize the appropriate security to mitigate City’s damages in the event of default by a Contracting Party. The right of City to draw upon or utilize the security is additional to and not in lieu of any other remedy available to City. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of the Improvements and, therefore, City’s damages for a Contracting Party’ default shall not exceed the cost of completing the Improvements. The sums provided by the security for the Improvements may be used by City for the completion of the Improvements in accordance with the Improvement Plans referenced herein.

c) In the event of a Contracting Party’s’ default under this Agreement, Contracting Parties authorize City to perform such obligation sixty (60) days after mailing written notice of default to Contracting Parties and to Contracting Parties’ surety, and agrees to pay the entire cost of such performance by City. City may take over the work and prosecute the same to completion by contract or by any other method City may deem advisable, for the account and at the expense of Contracting Parties, and Contracting Parties’ surety shall be liable to the City for any excess cost or damages occasioned to the City thereby, including but not limited to fees and charges of architects, engineers, attorneys, other professionals and court costs. In such event City, without liability for doing so, may take possession of, and utilize in completing the work, such materials, appliances, plans and other property belonging to Contracting Parties as may be on the site of the work and necessary for performance of the work.

d) Failure of City to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach of Contracting Parties.

SECTION 6

In addition to the other obligations of Contracting Parties set forth in this Agreement, Contracting Parties, subject to the approval of the City Engineer, shall:

1. Locate and properly dispose of any wells, septic tanks and underground fuel storage facilities.

2. Schedule the construction of improvements along existing public roads so that the work affecting vehicular traffic is undertaken with minimum interruption of traffic.

3. Obtain the approval of the City Engineer or his or her designee, for all work conducted within the public right-of-way.

4. Coordinate all construction work so that the existing residents and/or businesses have access to their properties.

5. Install all Improvements pursuant to the approved Improvement Plans. 12 8

6. Provide the City with electronic copies of the “As Built” Improvement Plans as an AutoCAD drawing file (DWG format, AutoCAD 2002 minimum or latest version).

7. Until the roads on the Property are open to the public, give good and adequate warning to the public of each and every dangerous condition on the existing public roads, and will take all reasonable actions to protect the public from such dangerous condition.

8. Conduct all work in strict accordance with regulations and guidelines adopted by the California Department of Public Health (CDPH) and the California Department of Industrial Relations (DIR), Division of Occupational Safety and Health, Safety for the prevention of COVID-19 in construction; and the regulations and guidelines for the prevention of COVID -19 adopted by the County of Monterey and by the City.

SECTION 7

Contracting Parties shall, at Contracting Parties’ expense, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices and pay all fees and taxes required by law including, but not limited to, fees for inspection of all improvements by the City Engineer or his or her designee.

SECTION 8

Neither Contracting Parties nor any of Contracting Parties’ agents, contractors or subcontractors are or shall be considered to be agents of City in connection with the performance of Contracting Parties’ obligations under this Agreement.

SECTION 9

Nothing contained in this Agreement shall preclude City from expending monies pursuant to agreements concurrently or previously executed between the City and Wathen Castanos Peterson Homes, Inc., or from entering into agreements with other developers for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of the City ordinance providing therefor, nor shall anything in this Agreement commit the City to any such apportionment.

SECTION 10

Any reimbursements due the Contracting Parties, unless specified otherwise in writing in this agreement, will expire ten (10) years after the date of execution of this agreement.

SECTION 11

Acceptance of the work, or any portion of the work on behalf of the City shall be made by the City Council upon recommendation of the City Engineer after final completion and inspection of all Improvements. Such acceptance shall not constitute a waiver of defects by City.

SECTION 12

The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full 13 9

force and effect unless amended or modified by written agreement of the City and the Contracting Parties.

SECTION 13

In the event that suit or arbitration is brought to enforce the terms of this Agreement, the prevailing party shall be entitled to litigation costs and reasonable attorney’s fees.

SECTION 14

This Agreement shall be interpreted in accordance with the laws of the State of California.

Jurisdiction of all disputes of this Agreement shall be in the County of Monterey, State of California.

SECTION 15

Time is of the essence of this Agreement.

SECTION 16

This Agreement, the conditions, and the agreements referenced herein constitute the entire agreement of the parties with respect to the subject matter. All modifications, amendments or waivers of the terms of this Agreement must be in writing and signed by an authorized representative of the City and the Contracting Parties.

SECTION 17

In the event a schedule of performance is tolled, the time for commencement of construction or completion of the Improvements hereunder shall be extended for the same duration as applies to the schedule of performance. It is understood and agreed to by the Contracting Parties that they cannot, and will not, claim force majeure or request that the time for commencement of construction or completion of the Improvements be tolled the based on an economic downturn of any type. Any such extension may be granted without notice to Contracting Parties’ surety and shall not affect the validity of this Agreement or release the surety on any security given for this Agreement.

IN WITNESS WHEREOF, City and has executed this Agreement as of the date first written above.

ATTEST: CITY OF MARINA

__________________________ _____________________________ Anita Shepherd-Sharp Layne Long
Deputy City Clerk City Manager

APPROVED AS TO FORM:

_____________________________________
City Attorney

14 10

[Signatures Continue on Following Page]
15 11

IN WITNESS WHEREOF Contracting Parties have executed this agreement as of ____________________.

WATHEN CASTANOS PETERSON HOMES, INC.,
a Delaware Corporation

By: ____________________________________
Joshua E. Peterson, President

104 INVESTMENTS, LLC,
a California limited liability company

By :________________________________________
Farid Assemi, Manager

LOCANS INVESTMENTS, LLC,
a California limited liability company

By: _______________________________
Farid Assemi, Manager

WATHEN CASTANOS PETERSON COASTAL, LP,
a California limited partnership

By: Assemi Group, Inc. a California corporation

B
y: _______________________________
Farid Assemi, President

By: _______________________________
John A. Bezmalinovic, Secretary

MARINA DEVELOPERS, INC.,
a California corporation

By: _____________________________
Joshua E. Peterson, President

NOTE: If Developer is a corporation, the complete legal name and corporate seal of the corporation and the corporate titles of the persons signing for the corporation shall appear above.

Per GC Sec. 40814; CC Sec. 1181
16 June 15, 2022 Item No. 8g(2)

Honorable Mayor and Members City Council Meeting
of the Marina City Council of June 21, 2022

THE CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2022 -

AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE

AGREEMENT WITH THE TRANSPORTATION AGENCY FOR

MONTEREY COUNTY FOR SEGMENTS OF THE MONTEREY

BRANCH LINE CORRIDOR BETWEEN MARINA AND SAND CITY SO

LONG AS THE FINAL LEASE DOES NOT SIGNIFICANTLY ALTER
THE TERMS OF THE ATTACHED DRAFT LEASE; AND SUBJECT TO
FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY.

RECOMMENDATION: City Council consider:
(1) Consider adopting Resolution No. 2022-, authorizing the City Manager to enter into a lease agreement with the Transportation Agency for Monterey County for segments of the Monterey Branch Line corridor between Marina and Sand City so long as the final lease does not significantly alter the terms of the attached draft lease; and subject to final review and approval by the City Attorney.

SUMMARY:

Provides an overview of the lease agreement prepared by TAMC.

BACKGROUND:

The Transportation Agency for Monterey County (TAMC) received two unsolicited proposals for temporary use of a portion of the TAMC-owned Monterey Branch Line, including a section within Marina City limits. The TAMC Board of Supervisors directed their staff to pursue leasing a portion of the Monterey Branch Line to the City of Marina. As lessee, the City of Marina would bear responsibility for CEQA analysis and permitting prior to operation of the Monterey Branch Line. TAMC staff prepared a draft lease agreement with the City of Marina, which was scheduled for review by the TAMC Board of Directors at a June 22, 2022, public meeting.

At a regularly scheduled public meeting on June 7, 2022, the Marina City Council selected the Museum of Handcar Technology as the winning proposal for temporary use of a portion of the Monterey Branch Line. City staff are working on a separate lease agreement with the Museum of Handcar Technology, which would be the sublessee and sole operator of the Marina – Sand City portion of the Monterey Branch Line. In addition to the lease agreement, the Museum of Handcar Technology must receive appropriate permits and approvals for the City of Marina, Monterey County, and the California Public Utilities Commission prior to beginning operations.

DISCUSSION:

The lease agreement will make TAMC lessor and the City of Marina lessee of the Marina – Sand City portion of the Monterey Branch Line for a portion of two (2) years, with the potential for extension of the lease depending on implementation of TAMC’s long-term plans for the right-of- way (BRT bus line), the City’s interest in extending the lease, and the operator’s plans for operations.

1 Attached is the draft lease agreement from TAMC (“EXHIBIT A”). Key provisions of the agreement are:
• The initial term of the agreement will be up to two (2) years • The city will be the lead agency under the California Environmental Quality Act (CEQA). • The lease is $4,248 for Area 1, $3,035 for Area 2, and $1,575 for the parking and storage area (Area 3).
• The TAMC lease will only allow for recreational uses within the project area.

FISCAL IMPACT:

The lease includes a $20,000 non -refundable payment for TAMC cost recovery from t he City of Marina and monthly rent totaling $ 8,858. These costs will be transferred to the operator through a separate lease agreement between the City of Marina and the Museum of Handcar Technology.

ENVIRONMENTAL REVIEW:

Staff will determine what level of CEQA analysis is required prior to issuing permits. As the lead agency, City staff will coordinate CEQA a nalysis with Monterey County and TAMC. Currently we are expecting a Notice of Exemption with detailed background material to cost the selected vendor about $12,000 as the railway already has detailed habitat and plant species documented for the project area.

CONCLUSION:

This request is submitted for City Council consideration and comment.

Respectfully submitted,

Alec Barton, AICP
Contract Planner
City of Marina

REVIEWED/CONCUR:

Guido F. Persicone, AICP
Community Development Director
City of Marina

_____________________________
Layne Long
City Manager
City of Marina

2 RESOLUTION NO. 2022-

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

THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH THE

TRANSPORTATION AGENCY FOR MONTEREY COUNTY FOR SEGMENTS OF THE

MONTEREY BRANCH LINE CORRIDOR BETWEEN MARINA AND SAND CITY SO

LONG AS THE FINAL LEASE DOES NOT SIGNIFICANTLY ALTER THE TERMS OF THE ATTACHED DRAFT LEASE; AND SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY.

WHEREAS, the City Council of the City of Marina selected Museum of Handcar Technology as the sole operator for the Marina – Sand City portion of the Monterey Branch Line; and

WHEREAS, the City Council and TAMC must formalize a lease agreement before th e Museum of Handcar Technology can begin oper ations of the Marina – Sand City portion of the Monterey Branch Line.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Marina t hat does hereby:
(1) Approves authorizing the City Manager to enter into a lease agreement with the Transportation Agency For Monterey County for segments of the Monterey Branch Line corridor between Marina and Sand City so long as the final lease does not significantly alter the terms of the attached draft lease; and 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 mee ting duly held on the 21st day of June, 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

3 Transportation Agency for Monterey County – City of Marina Lease https://tamcmonterey.sharepoint.com/Shared Documents/TAMC NEW/Procurement/Unsolicited Proposals/City of Marina MBL Lease/TAMC and City of Marina MBL Lease_DRAFT.docx
LEASE
This LEASE AGREEMENT, hereinafter called “LEASE” is made between the TRANSPORTATION AGENCY FOR MONTEREY COUNTY, hereinafter called “LESSOR” and the CITY OF MARINA, hereinafter called “LESSEE” as of the last date opposite the respective signatures below as follows:

1. DESCRIPTION OF PREMISES
The LESSOR hereby leases to LESSEE, and TENANT hires from LESSOR, on the terms and conditions hereinafter set forth, in a nonexclusive grant lease, those certain premises (Premises) known as the property (hereafter referred to as the “Property”). a. Exhibit A depicts three sub-components of the Property, identified as Area 1, Area 2 and Area 3.
b. The Property includes an encroachment into the LESSOR’s railroad right of way, located in the County of Monterey, for an approximate length of three and a half (3.5) miles from the Palm Avenue and Marina Drive intersection in Marina, under the Highway 1 overcrossing and over the bike path, to the balloon spur tracks in the Fort Ord Dunes State Park (Area 1), with a possible additional two and a half (2.5) miles towards Sand City (Area 2). There is also an area of fifty (50) by two hundred and twenty-five (225) feet for a fenced in storage area along the railroad tracks in the City of Marina near Marina Drive and Palm Avenue (Area 3). Besides the railroad track, there are no buildings or permanent structures on the Premises.
c. The LESSEE is directly overseeing recreational uses outlined in the SUBLESSEE’s proof of concept for the Project (Project).
d. LESSEE agrees to prohibit entry to the Property to anyone not participating in the leased activities.

2. TERM
The initial term shall be two (2) years and the term of this Lease shall begin on xx date (“Lease Commencement Date”) and will continue until xx date terminated sooner as provided for hereinafter in Section 16. Upon completion of the initial lease term, the LESSOR and LESSEE may renew the Lease for xx additional term. During initial or renewed lease term, LESSOR reserves the right to end lease term. LESSEE shall give LESSOR written notice of its intent to renew sixty (60) days prior to expiration of initial lease term. Said

EXHIBIT A
4 Transportation Agency for Monterey County – City of Marina Lease https://tamcmonterey.sharepoint.com/Shared Documents/TAMC NEW/Procurement/Unsolicited Proposals/City of Marina MBL Lease/TAMC and City of Marina MBL Lease_DRAFT.docx
advance notice period of sixty (60) days may be altered by mutual consent. LESSOR shall give LESSEE advance written notice of its intent to end lease term thirty (30) days prior to end of lease term.

3. TERMINATION BY LESSOR
a. LESSEE understands and agrees that the LESSOR has future plans for the Property, such as the SURF! Busway and Bus Rapid Transit Project, and other transportation uses.

Thus, LESSEE agrees to vacate the Property during the term of the Agreement or any renewal or extension of the Lease, without liability to the LESSOR. b. LESSOR may terminate this LEASE if there is a default by the LESSEE with respect to any of the provisions of this LEASE or LESSEE’s obligations under it, including the payment of the Rent, after giving LESSEE notice of default and failure by LESSEE to cure the default within thirty (30) days. This provision, however, shall not be deemed to extend the term of the LEASE by any cure period.

4. DESIGNATION OF LEAD AGENCY
The California Environmental Quality Act (“CEQA”) provides that where a proposed project is to be carried out or approved by more than one public agency, an agency is to be determined to be the Lead Agency under CEQA, and such Lead Agency is to be responsible for preparing the appropriate environmental documentation. Section 15051(d) of CEQA Guidelines (14 CCR § 15051) also provides that where more than one public agency meets the criteria for being a Lead Agency, the public agencies may designate a Lead Agency by agreement The Parties agree that the CITY OF MARINA, the LESSEE, shall be designated as the Lead Agency for the purpose of environmental review, or any other review or oversight process such as environmental compliance and site inspections before or during the LEASE period.

The CITY OF MARINA, as Lead Agency, shall be responsible for the costs of conducting any said environmental review, up to and including possible approval of the environmental document, and litigation (if any) related to such approval.

5. PAYMENT FOR COST RECOVERY
LESSEE agrees to pay LESSOR a non-refundable payment of Twenty Thousand Dollars ($20,000) upon execution of the LEASE as a not-to-exceed amount for LESSOR staff and legal counsel for certain reasonable and necessary costs for the timely review, processing, 5 Transportation Agency for Monterey County – City of Marina Lease https://tamcmonterey.sharepoint.com/Shared Documents/TAMC NEW/Procurement/Unsolicited Proposals/City of Marina MBL Lease/TAMC and City of Marina MBL Lease_DRAFT.docx
and administration time to oversee and verify compliance with this LEASE, such as environmental compliance and site inspections before, during, and after the TERM period.

6. RENT
LESSOR AND LESSEE agree that the monthly rent for the term of this Lease shall be structured based on the cost of 4.6 cents per square foot per month for Areas 1 and 2 and 14 cents per square foot per month for Area 3.
a. LESSEE agrees to pay LESSOR non-refundable monthly rent in the amount of Four Thousand, Two Hundred and Forty-Eight Dollars ($4,248) for Area 1. b. LESSEE agrees to pay LESSOR non-refundable monthly rent in the amount of Three Thousand and Thirty-Five Dollars ($3,035) for Area 2 if and only if LESSEE agrees to the use of Area 2.
c. LESSEE agrees to pay LESSOR non-refundable monthly rent in the amount of One Thousand, Five Hundred Seventy-Five Dollars ($1,575) for the use of Area 3.

7. USE/FACILITIES COVERED
The use of the facilities is to be limited to the rail line area noted in the description of premises. Use of the rail line is limited to recreational uses as described Section 8. The use of surrounding property for storage is limited to Area 3. Any irreversible changes to the Property must first be proposed to LESSOR and approved by LESSOR. Additionally, any irreversible changes are to be within any safety standards pursuant to the type of changes proposed and it is the LESSEE’S duty to be knowledgeable about and compliant with all legal requirements, including but not limited to, federal, state, and local statutory and regulatory obligations.

8. PERMITTED USES OF ACTIVITY USE AREAS
LESSEE shall be entitled to use or SUBLEASE the Premises for recreational activities including recreational vehicles along Route, vegetation and debris clearing along Route, storage of recreational materials in designated areas, and for giving trainings and guided tours along Route. LESSOR shall be able to use the property to access any areas including, but not limited to, areas relevant to current or future studies, transportation, utilities and engineering projects and other official uses of the Property or Route. 6 Transportation Agency for Monterey County – City of Marina Lease https://tamcmonterey.sharepoint.com/Shared Documents/TAMC NEW/Procurement/Unsolicited Proposals/City of Marina MBL Lease/TAMC and City of Marina MBL Lease_DRAFT.docx

9. MAINTENANCE AND REPAIR
LESSOR makes no representations as to the condition of the Property. LESSEE takes occupancy of this Property in an “as is” condition. LESSEE acknowledges that the Property and all improvements thereon are in good order and condition, and LESSEE hereby covenants and agrees to keep the same in good order and condition during the term of this Lease, and upon the expiration of this Lease and any renewal term to surrender the Property and improvements to LESSOR in as good condition as when received, except for loss or damage by fire, natural disaster, act of God, and reasonable use and wear. LESSOR will not repair or maintain nor contribute funding toward the repair or maintenance of the Property during the term of this LEASE.

10. MODIFICATIONS AND ALTERATIONS
All and any modifications and alterations made by LESSEE or SUBLESSEE shall be approved by the LESSOR as well as any relevant local or state agencies. Any permanent modifications or alterations by the LESSEE or SUBLESSEE to the tracks or railroad ties of the PROPERTY shall be within specifications that have been proposed to LESSOR reviewed by LESSOR and approved by LESSOR. Non-permanent modifications, including but not limited to tenting, portable restrooms, storage units, fencing, signage, waste receptacles and other items utilized during the terms of the Lease will be removed and Area 3 shall be cleaned and restored to its pre-Lease condition once the Lease term has ended. Any issues or complaints related to non-permanent modifications shall be the responsibility of LESSEE to address and, if appropriate, correct.

If the LESSOR approves of a proposed permanent modification, the LESSOR may also require that the LESSEE return the property to its original or improved condition prior to the termination of the LEASE. If LESSOR does in fact require this, the LESSEE will give the LESSOR the opportunity to review the final condition of the property to ensure that the property has in fact been returned to its original or improved condition.

11. DESTRUCTION OF PREMISES
LESSEE agrees not to commit or suffer to be committed any waste or injury or any public or private nuisance, and to keep the premises clean and clear of use or storage of hazardous materials as defined by local, state, and federal laws, rules, or regulations, and clear of any refuse and obstructions, and to dispose of all garbage, trash, and rubbish in a manner satisfactory to LESSOR. If the leased premises shall be damaged by LESSEE or SUBLESSEE which damage puts the premises into a condition which is not decent, safe, healthy, and sanitary, LESSEE agrees to make or cause to be made full repair of said damage caused by 7 Transportation Agency for Monterey County – City of Marina Lease https://tamcmonterey.sharepoint.com/Shared Documents/TAMC NEW/Procurement/Unsolicited Proposals/City of Marina MBL Lease/TAMC and City of Marina MBL Lease_DRAFT.docx
LESSEE or SUBLESSEE and to restore the premises to the condition which existed prior to said damage, or LESSEE agrees to clear and remove from the leased premises all debris and contaminants resulting from said damage caused by LESSEE or SUBLESSEE and rebuild or restore the premises to the condition which existed prior to such damage. LESSEE agrees to use any insurance proceeds which may become available from any such damage to first pay for the cost of any repairs and restorations.

12. MUTUAL INDEMNIFICATION AND INSURANCE
a. INDEMNIFICATION
i. In consideration for use of the Property, LESSEE agrees to indemnify, defend, and save harmless LESSOR and its officers, agents, and employees, from and against any and all claims, liabilities, or losses whatsoever arising out of or in any way related to LESSEE'S use of the Property under this LEASE, including but not limited to claims for Property damage, personal injury, death, injuries to reputation, economic losses, and emotional distress, and any legal expenses (such as attorney's fees, court costs, investigation costs, and expert fees) incurred by the LESSOR in connection with such claims. "LESSEE'S use" includes LESSEE'S or SUBLESSEE’S action or inaction and the action or inaction of its officers, employees, and agents, including but not limited to SUBLESSEE'S customers. The obligation of LESSEE to indemnify does not extend to claims or losses arising out of the sole negligence or willful misconduct of the LESSOR or LESSOR'S directors, officers, agents, or employees.
ii. LESSEE agrees to indemnify, defend, and save harmless LESSOR and its directors, officers, agents, and employees from and against any equipment or bodily injury damages sustained by any party using the Property.
b. INSURANCE
i. Commercial general liability insurance including but not limited to premises, personal injuries, products, operations and completed operations, to protect against loss from liability imposed by law for damages occurring on account of bodily injury, including death therefrom, suffered or alleged to be suffered by any person or persons whomsoever, resulting directly or indirectly from any act or activities of LESSOR or LESSEE, its SUBLESSEE or any person acting for LESSOR or LESSEE or under its control or direction, and also to protect against loss from liability imposed by law for damages to any property of any person caused directly or indirectly by or from acts or activities of LESSOR or LESSEE, or its SUBLESSEE, or 8 Transportation Agency for Monterey County – City of Marina Lease https://tamcmonterey.sharepoint.com/Shared Documents/TAMC NEW/Procurement/Unsolicited Proposals/City of Marina MBL Lease/TAMC and City of Marina MBL Lease_DRAFT.docx
any person acting for LESSOR or LESSEE, or under its control or direction. Such insurance shall also provide for and protect LESSOR against incurring any legal cost in defending claims for alleged loss. Such public liability and property damage insurance shall be maintained in full force and effect during the entire term of this Lease in the amount of not less than $1,000,000 combined single limit per occurrence and $2,000,000 in the aggregate. Coverage shall be at least as broad as ISO Commercial General Liability Occurrence Form CG0001. ii. Workers’ Compensation Insurance. If LESSEE or SUBLESSEE employs others in the performance of this contract, LESSEE or SUBLESSEE shall procure and maintain during the entire term of this Lease a Workers' Compensation Insurance Policy in accordance with California Labor Code section 3700 and with a minimum of $1,000,000 per occurrence for employer’s liability.
iii. All insurance required by this LEASE shall be with a company acceptable to LESSOR and authorized by law to transact insurance business in the State of California. All such insurance shall be written on an occurrence basis, or, if the policy is not written on an occurrence basis, such policy with the coverage required herein shall continue in effect for a period of two years following termination of this LEASE.

Each liability policy shall provide that LESSOR shall be given notice in writing at least thirty (30) days in advance of any endorsed reduction in coverage or limit, cancellation or intended non-renewal thereof.
iv. Liability policies shall provide an endorsement naming LESSOR, their directors, officers, agents, and employees, as Additional Insureds and shall further provide that such insurance is primary insurance to any insurance or self-insurance maintained by the LESSOR and that the insurance of the Additional Insureds shall not be called upon to contribute to a loss covered by LESSEE’S insurance. v. Prior to execution of this LEASE by LESSOR, LESSEE shall file certificates of insurance with LESSOR, showing that the LESSEE has in effect the insurance required by this LEASE. LESSEE shall file a new or amended certificate of insurance within five (5) calendar days after any change is made in any insurance policy that would alter the information on the certificate then on file. Acceptance or approval of insurance shall in no way modify or change the indemnification clause in this Agreement, which shall continue in full force and effect. LESSEE agrees that the provisions of this section as to insurance shall not be construed as limiting in any way the extent to which the LESSEE may be held responsible for the payment of damages to 9 Transportation Agency for Monterey County – City of Marina Lease https://tamcmonterey.sharepoint.com/Shared Documents/TAMC NEW/Procurement/Unsolicited Proposals/City of Marina MBL Lease/TAMC and City of Marina MBL Lease_DRAFT.docx
persons or property resulting from LESSEE's activities, the activities of its SUBLESSEE or the activities of any person or persons for which Tenant is otherwise responsible. vi. Deductibles and Self-Insured Retentions: Any deductibles or self-insured retentions must be declared to and approved by LESSOR. At the option of the LESSOR either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the LESSOR, its officers, officials, employees and volunteers; or LESSEE shall provide a financial guarantee satisfactory to LESSOR guaranteeing payment of losses and related investigations, claim administration and defense expenses.

13. LIENS
LESSEE agrees to keep the Property free from liens of every character, and in the event that any liens for labor or materials should arise during the term hereof on account of any act or omission by LESSEE arising from LESSEE’s use of the Property, LESSEE agrees to discharge and pay the same.

14. NO GIFT OF PUBLIC FUNDS
This LEASE prohibits the giving or lending of public funds to any person or entity, public or private. Prohibition includes aid, making of gift, pledging of credit or payment of liabilities and encompasses the giving of monetary funds and any “thing of value”.

15. COMPLIANCE WITH LAWS
LESSEE shall not do, or permit to be done, or keep, or permit to be kept, in or about the Property, anything which shall be a nuisance, or which shall be in violation of any law, ordinance, rule or regulation of any governmental authority, or of any rule or regulation of the, relating to the Property, or which shall increase, or tend to increase, the existing rates of insurance of the Property.

16. TERMINATION
This lease may be terminated by either party as of the last day of any calendar month by giving sixty (60) days prior written notice thereof to the other party. Termination of this lease shall not terminate either party’s obligation to defend, indemnify and hold harmless the other, as provided in this Lease, nor shall terminate either party’s obligation to maintain sufficient insurance, as provided in this Lease.
10 Transportation Agency for Monterey County – City of Marina Lease https://tamcmonterey.sharepoint.com/Shared Documents/TAMC NEW/Procurement/Unsolicited Proposals/City of Marina MBL Lease/TAMC and City of Marina MBL Lease_DRAFT.docx

17. DEFAULT
a. The occurrence of any of the following, to the extent of the LESSEE’s use, shall constitute a default by the LESSEE: Abandonment and vacation of the Property for thirty (30) days.
b. Failure to perform any other provision of this LEASE if the failure to perform is not cured within thirty (30) days after notice has been given to LESSEE. If the default cannot be reasonably cured within thirty (30), LESSEE shall not be in default of this LEASE if LESSEE commences to cure the default within the thirty (30) day period and diligently and in good faith continues to cure the default. a. Upon default, LESSOR shall have the right to terminate this LEASE and take possession of the Property. Said remedy is not exclusive and is cumulative in addition to other remedies now or later allowed by law.

18. CONDITIONS TO LEASE
LESSOR reserves the right to grant access to people including, but not limited to, TAMC employees, contractors, and TAMC project affiliates. This LEASE certifies that LESSEE and any SUBLESSEES must accommodate the other users of the Route and Property.

19. ASSIGNMENT AND SUBLETTING
LESSEE may not assign this LEASE, or any interest herein, or underlet the Property, or any part thereof, without the prior written consent of the LESSOR which shall not be unreasonably withheld. LESSEE agrees that any SUBLEASE entered cannot conflict with the terms of the LEASE.

20. COORDINATION:

The parties to this LEASE agree that, unless otherwise indicated in writing, the following persons have primary responsibility for liaison and coordination of activities required to carry out this LEASE:
for LESSOR: TAMC for LESSEE: City of Marina
Todd Muck, Executive Director Layne Long, City Manager [email protected] [email protected]

11 Transportation Agency for Monterey County – City of Marina Lease https://tamcmonterey.sharepoint.com/Shared Documents/TAMC NEW/Procurement/Unsolicited Proposals/City of Marina MBL Lease/TAMC and City of Marina MBL Lease_DRAFT.docx

21. INSPECTION
LESSOR has the right to inspection of the property within twenty-four (24) hours of a written or verbal notification to the LESSEE.

22. NONDISCRIMINATION:

The LESSEE herein covenants by and for itself, administrators and assigns, and all persons claiming under or through them, and this LEASE is made and accepted upon and subject to the following conditions: That there shall be no discrimination against or segregation of any person or group of persons on account of race, color creed, disability, religion, sex, marital status, national origin, ancestry, or sexual preference in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of the land herein leased, nor shall the LESSEE itself or any person claiming under or through LESSEE establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use or occupancy of lessees, sublessees, or vendees on the Property herein leased.

23. NOTICE
Any notices that either party desires to or is required to give to the other party or any other person shall be sent by email. Such notices shall be addressed to the other party at the address set forth above. Either party may change its address by notifying the other party of the change of address. Notice shall be deemed communicated within seventy-two (72) hours from the date of emailing, if emailed as provided in this paragraph. LESSEE shall not assign out rights to any other party.

24. SUCCESSORS AND RESTRICTION ON ASSIGNMENT
LESSEE shall not assign its rights under this agreement. This LEASE, and all terms, covenants, and conditions hereof, shall be binding upon and shall inure to the benefit of the heirs, legal representatives, and successors of the respective parties hereto.

25. OWNERSHIP
The LESSOR is the owner of the Property and all site improvements on the Property on the effective date of this LEASE. All right, title, and interest in and to the Property and those site improvements shall belong to the LESSOR, including improvements made by LESSEE as described in Paragraph 10.
12 Transportation Agency for Monterey County – City of Marina Lease https://tamcmonterey.sharepoint.com/Shared Documents/TAMC NEW/Procurement/Unsolicited Proposals/City of Marina MBL Lease/TAMC and City of Marina MBL Lease_DRAFT.docx

26. POSSESSORY INTEREST AND PROPERTY TAXES
Pursuant to California Revenue and Taxation Code section 107.6, notice is hereby given that LESSEE is responsible for any possessory interest, utility or Property taxes that may be imposed as a result of, or related to, this LEASE. Additionally, any fines imposed on the Property during the LEASE period that are a result of LESSEE’s actions, or the actions of the use permitted by LESSEE on the property, shall be the sole responsibility of LESSEE.

13 Transportation Agency for Monterey County – City of Marina Lease https://tamcmonterey.sharepoint.com/Shared Documents/TAMC NEW/Procurement/Unsolicited Proposals/City of Marina MBL Lease/TAMC and City of Marina MBL Lease_DRAFT.docx
IN WITNESS WHEREOF the parties hereto have executed this LEASE this ____ day of ___________, 2022.

CITY OF MARINA, LESSEE:

BY: ______________________________________
Layne Long, City Manager
Approved as to form:
_______________________________________
City Attorney

TRANSPORTATION AGENCY FOR MONTEREY COUNTY, LESSOR
BY: _____________________________________
Todd Muck, Executive Director
Approved as to form:
_______________________________________
TAMC Counsel

14 Transportation Agency for Monterey County – City of Marina Lease https://tamcmonterey.sharepoint.com/Shared Documents/TAMC NEW/Procurement/Unsolicited Proposals/City of Marina MBL Lease/TAMC and City of Marina MBL Lease_DRAFT.docx
Exhibit A

15 June 13, 2022, Item No. 8g(3)

Honorable Mayor and Members City Council Meeting
of the Marina City Council of June 21, 2022

CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2022-, APPROVING

THE REVISED MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE

MONTEREY REGIONAL WASTE MANAGEMENT DISTRICT AND THE CITY

OF MARINA REGARDING, FOOD WASTE REDUCTION AND ORGANICS

RECYCLING REGULATIONS, INCORPORATING COSTS ANTICIPATED FOR FISCL YEAR 2022-2023, AUTHORIZING THE C ITY MANAGER TO EXECUTE

THE AMENDMENT SUBJECT TO FINAL REVIEW AND APPROVAL BY THE

CITY ATTORNEY, AND AUTHORIZING THE FINANCE DIRECTOR TO MAKE NECESSARY ACCOUNTING AND BUGETARY ENTRIES.

REQUEST:

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

1. Approving the revised Memorandum of Understanding (MOU) between the Monterey Regional Waste Management District and the City of Marina regarding, food waste reduction and organics recycling regulations, incorporating costs anticipated for fiscl year 2022-2023,

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

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

BACKGROUND:

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

The City of Marina is a Member Agency of the Monterey Regional Waste Manageme nt District (MRWMD) Joints Powers Authority responsible for managing solid waste on behalf of the Cities and unincorporated County communities of coastal Monterey County. The City participates on the Technical Advisory Committee (TAC) for SB 1383 led by the District and comprised of staff from each member jurisdiction, the three haulers in the District service area, and MRWMD staff. The District’s TAC has been working collaboratively for approximately 2 years planning for SB 1383, California’s SLCP regulati on. The regulation will have significant impact on each member jurisdiction in meeting the goals set under these regulations. Regulations took effect and local program implementation began January 1, 2022.

The Member Agencies of Carmel, Del Rey Oaks, Mar ina, Monterey, Sand City, Seaside, Pacific Grove, and the Pebble Beach Community Services District (PBCSD) joined the Local Assistance Grant Program effort as a regional collaborative project for the implementation of regulation requirements associated wit h SB 1383, in coordination with other jurisdictions of the Monterey County region to maximize project impact and cost -effectiveness across the countywide area, consistent with existing cooperative SB 1383 planning, preparation and implementation practices already underway throughout the service territory. This regional grant -funded project will be coordinated through the two local waste management governmental agencies within Monterey County, MRWMD, and the Salinas Valley Solid Waste Authority. 1 While the r egulation places the program implementation responsibility on the member jurisdictions, the TAC has been collectively analyzing who best should implement each element of the regulation between the member jurisdictions , waste haulers, or District. The TAC determined that many of the requirements are best completed using shared resources. As such, an MOU between the District and each of its member jurisdictions was created to have the District incur the shared costs and bill each member jurisdiction twice ann ually for reimbursement. The City Council adopted Resolution 2021 -93 on August 17 th, 2021 approving the MOU between MRWMD and Member Jurisdictions for SB 1383 Shared Costs.

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

On February 15, 2022, the City Council approved an amendment to MOU regarding cooperative assistance to comply with Senate Bill 1383, with the estimation of receiving $29,771 from SB 1383 Local Assistance Grant Program . This amount is increased in the approved application by State to $31,992.00.

ANALYSIS:

To consider the inflation rate, the MRWMD has updated the contribution of all member agencies in the grant funding program for FY 22 -23. In the proposed memorandum “EXHIBIT E” from MRWMD it’s been requested from member agencies to approve the updated version of Exhibits A, B, and D.

• “Exhibit A” – Detailed Activities and Costs: Contains the scope of work, and associated costs related to general SB 1383 activities. (Enacted June 2021, updated annually) • “Exhibit B” – Member Agencies’ Annual Proportionate Shares and Costs: Allocation of such costs to the Member Agencies. (Enacted June 2021, updated annually.) • “Exhibit C ” – Member Agencies’ Estimated Allocation of CalRecycle Local Assistance Grant Program Funding: Details proposed programs funded by the CalRecycle Local Assistance Grant Program. (Enacted February 2022, to be updated if additional funding becomes available.)
• “Exhibit D” – Member Agencies’ Estimated Procurement Requirements of Organic Material: The addition of Exhibit D which includes details about organic material (compost or mulch) procurement requirements and costs for each Member Agency. (Enacted with this approval, to be updated in 2026)

“EXHIBIT A” declares the list of actions that will be done by MRWMD with associated costs, which comes to a total number of $193,717 for FY22-23. “EXHIBIT B” states that the City of Marina is responsible for $37,880 of the mentioned total cost. Also, “EXHIBIT D” provides the estimated procurement requirements of organic material for all member agencies and the Marina’s share is $28,484.96. In sum, the City of Marina needs to pay $66,364.96 for practices and procurements related to SB 1383 under this MOU.

2 On the other hand, the City of Marina will receive $31,992.00 for SB 1383 Local Assistance Grant Program from the State of California. Below table shows how assistance grant funding allocated to the City of Marina will be spent:

Item Amount
Project coordination through participation in Technical Advisory Committee meetings, coordination of grant activities, expenditure tracking, reporting and related activities.
$10,708.00
Development of compost procurement incentives and demand generation for large-scale use through Zero Foodprint or similar services and small -scale use through localized coupon, voucher, or similar program.
$9,930.00
Capacity building planning and coordinat ion, education, outreach & technical assistance program design, planning and implementation, stakeholder engagement and technical assistance for businesses, residents, multifamily facilities, food rescue organizations and services, and other stakeholders i n support of organics collection, compost/product procurement and demand generation, and edible food recovery program planning and design, and implementation. $10,429.00
Kitchen and/or cooking and food preservation supplies for edible food recovery programs and capacity building activities related to Task 3. Grant funds are also allocated to fund kitchen pails or similar materials to be distributed to residents or businesses to encourage and promote food scrap composting $855.00
Total $31,992.00

In conclusion the difference of total costs and the assistance grant funding program from the State will be $34,354.96, which the City needs to consider in the annual budget plan.

FISCAL IMPACT:

The estimated annual cost to the City for FY 2022-2023 will be $66,364.96. The efforts being carried out under the MOU , as with past solid waste efforts, are funded through franchise fees collected and remitted to the City. Efforts in FY 2022-2023 will be offset by a grant from CalRecycle in the amount of $31,992.

CONCLUSION:

This request is submitted for City Council consideration and action.

Respectfully submitted,

____________________________
Saber Messhenas
Assistant Civil Engineer
City of Marina

REVIEWED/CONCUR:

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

Public Works Director/City Engineer
City of Marina

3 ____________________________
Layne Long
City Manager
City of Marina

4 RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA APPROVING THE

REVISED MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN THE MONTEREY

REGIONAL WASTE MANAGEMENT DISTRICT AND THE CITY OF MARINA REGARDING,

FOOD WASTE REDUCTION AND ORGANICS RECYCLING REGULATIONS, INCORPORATING COSTS ANTICIPATED FOR FISCL YEAR 2022-2023, AUTHORIZING THE

CITY MANAGER TO EXECUTE THE AMENDMENT SUBJECT TO FINAL REVIEW AND

APPROVAL BY THE CITY ATTORNEY, AND AUTHORIZING THE FINANCE DIRECTOR TO MAKE NECESSARY ACCOUNTING AND BUGETARY ENTRIES.

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

WHEREAS, the City of Marina is a Member Agency of the Monterey Regional Waste Management District (MRWMD) Joints Powers Authority responsible for managing solid waste on behalf of the Cities and unincorporated County communities of coastal Monterey County. The City pa rticipates on the Technical Advisory Committee (TAC) for SB 1383 led by the District and comprised of staff from each member jurisdiction, the three haulers in the District service area, and MRWMD staff. The District’s TAC has been working collaboratively for approximately 2 years planning for SB 1383, California’s SLCP regulation. The regulation will have significant impact on each member jurisdiction in meeting the goals set under these regulations. Regulations took effect and local program implementation began January 1, 2022; and

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

WHEREAS, the regulation places the program implementation responsibility on the member jurisdictions, the TAC has been collectively analyzing who best should implement each element of the regulation between the member jurisdictions, waste haulers, or District. The TAC determined that many of the requirements are best completed using shared resources. As such, an MOU between the District and each of its member jurisdictions was created to have the District incur the shared costs and bill each member jurisdiction twice annually for reimbursement; and

WHEREAS, the City Council adopted Resolution 2021 -93 on August 17th, 2021 approving the MOU between MRWMD and Member Jurisdictions for SB 1383 Shared Costs; and

WHEREAS, in January 2022, the Department of Resources Recycling and Recovery (CalRecycle), the agency responsible for administering SB 1383, released application guide lines and instructions related to the SB 1383 Local Assistance Grant Program (OWR1: 2021 -22) as a one -time grant program meant to provide aid in the implementation of regulations adopted by CalRecycle pursuant to Chapter 395, Statutes of 2016 and SB170 Bud get Act of 2021. Funding from CalRecycle will be allocated to each jurisdiction based on grant program estimates according to the Department of Finance’s January 2021 population statistics. this non -competitive grant program provides funding to local juri sdictions to assist with the implementation of regulation requirements associated with SB 1383; and 5 Resolution No. 2022-
Page Two

WHEREAS, the City Council approved an amendment to MOU regarding cooperative assistance to comply with Senate Bill 1383, with the estimation of receiving $29,771 from SB 1383 Local Assistance Grant Program. This amount is increased in the approved application by State to $31,992.00; and

WHEREAS, to consider the inflation rate, the MRWMD has updated the contribution of all member agencies in the grant funding program for FY 22-23 (Exhibit E); and

WHEREAS, Exhibit A declares the list of actions that will be done by MRWMD with associated costs, which comes to a total number of $193,717 for FY22 -23. “Exhibit B” states that the City of Marina is responsible for $37,880 of the mentioned total cost. Also, “Exhibit D” provides the estimated procurement requirements of organic material for all member agencies and the Marina’s share is $28,484.96. In sum, the City of Marina needs to pay $66,364.96 for practices and procurements related to SB 1383 under this MOU; and

WHEREAS, the estimated annual cost to the City for FY 2022 -2023 will be $66,364.96. The efforts being carried out under the MOU, as with past solid waste efforts, are funded through franchise fees collected and remitted to the City. Efforts in FY 2022-2023 will be offset by a grant from CalRecycle in the amount of $31,992.

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

1. Approve the revised Memorandum of Understanding (MOU) between the Monterey Regional Waste Management District and the City of Marina regarding, food waste reduction and organics recycling regulations, incorporating costs anticipated for fiscl year 2022-2023,

2. Authorize the City Manager to execute the amendment subject to final review and approval by the City Attorney, and

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

PASSES AND ADOPTED, by the City Council of the City of Marina at a regular meeting duly held on the 21st day of June 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 1

MEMORANDUM OF UNDERSTANDING

BETWEEN THE MONTEREY REGIONAL WASTE MANAGEMENT DISTRICT AND ITS

MEMBER AGENCIES REGARDING ASSISTANCE WITH COMPLIANCE WITH CALIFORNIA SENATE BILL 1383

This Memorandum of Understanding (“MOU”) is made and entered into as of the date of the signatures set forth below by and between the MONTEREY REGIONAL WASTE MANAGEMENT DISTRICT (“District”, “MRWMD”), a California Garbage and Refuse Disposal District, and its member agencies including the cities of CARMEL-BY-THE-SEA, DEL REY OAKS, MARINA, MONTEREY, PACIFIC GROVE, SAND CITY, and SEASIDE; THE PEBBLE BEACH COMMUNITY SERVICES DISTRICT; and THE COUNTY OF MONTEREY (“Member Agencies”). Collectively these entities shall be known herein as “Parties” or individually as a “Party.”

Recitals

A. The State of California has passed legislation, known as Senate Bill 1383, California’s Short-Lived Climate Pollutants regulation. The regulation will have significant impact on each Member Agency, with the goal of reducing organic material being landfilled by 75% by 2025, compared to a 2014 basis. The legislation mandates that Member Agencies undertake certain activities around the handling of organic waste materials collected within their jurisdictions. The regulation also requires 20% recovery of edible food by 2025 to direct it to a beneficial use and thus prevent it from entering the waste stream. Regulations take effect, and local program implementation will begin, on January 1, 2022.

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

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

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

E. The form and content of this MOU have been presented to the TAC, and the TAC has recommended it for approval by the Parties

NOW THEREFORE, in consideration of the mutual benefits to be derived by the District and the Member Agencies, and of the promises contained in this MOU, the Parties agree as follows:

7 2
Section 1. Recitals: The recitals set forth above are incorporated into this MOU.

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

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

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

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

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

Section 6. The District Agrees:

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

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

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

(dc) District will maintain an accounting of activities and expenses and provide reconciliation of payments annually. Material differences between estimated costs and actual 8 3
incurred costs will result in either: 1) an adjustment made to the final annual payment for each Member Agency, or 2) such cost difference shall be incorporated into the subsequent year cost allocation.

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

Section 7. The Member Agencies Agree:

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

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

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

Section 9. General Provisions.

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

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

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

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

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

9 4
(e) This MOU may be executed in any number of counterparts, each of which is an original but all of which taken together will constitute one and the same instrument, provided, however, that such counterparts have been delivered to all parties to this MOU.

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

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

MONTEREY REGIONAL WASTE MANAGEMENT DISTRICT

By: ________________________ DATE: _______________

APPROVED AS TO FORM:

_______________________
10 7

CITY OF MARINA

By: ________________________ DATE: _______________

APPROVED AS TO FORM:

_______________________

11 14

EXHIBIT A

DETAILED ACTIVITIES & COSTS
FY 2022-2023
Scope of Work
The activities related to the implementation of SB 1383 may include contracting and policy development; public education; materials purchasing and distribution; reporting; contamination monitoring; edible food recovery; enforcement; procurement; organics processing; rate setting; cost monitoring; and any other related activities the Parties choose to address.

The District will take the lead producing public education campaigns in concert with the already- provided Hauler and/or Member Agency resources. The Member Agencies will be responsible for production and mailing fees associated with outreach. The District will also contract with a vendor to administer contamination monitoring in the form of curbside lid flipping within each Member Agency, except for the County of Monterey, where the County of Monterey will decide how to proceed. The District will also provide CalRecycle reporting services to the Member Agencies. In addition, funds will be allocated to edible food recovery support.

Costs
12 15

EXHIBIT A
(Continued)

13 16

EXHIBIT B

MEMBER AGENCIES’ ANNUAL PROPORTIONATE SHARES & COSTS*
FY 2022-2023

*Member Agencies’ proportionate costs subject to adjustment annually in accordance with any change in scope and total costs.

14 17

EXHIBIT C

MEMBER AGENCIES’ ESTIMATED ALLOCATION OF CALRECYCLE LOCAL ASSISTANCE GRANT PROGRAM FUNDING (OWR1: 2021-22)**

The Member Agencies of Carmel, Del Rey Oaks, Marina, Monterey, Sand City, Seaside, Pacific Grove, and the Pebble Beach Community Services District (PBCSD) join the Local Assistance Grant Program as a regional collaborative project for the implementation of regulation requirements associated with SB 1383, in coordination with other jurisdictions of the Monterey County region to maximize project impact and cost-effectiveness across the countywide area.

This regional grant-funded project will be coordinated through the two local waste management governmental agencies within Monterey County, Monterey Regional Waste Management (MRWMD), and Salinas Valley Solid Waste Authority (SVSWA).

The Member Agencies, along with each of the MRWMD and SVSWA member agencies are applying individually to this grant program using a unified regional project design, budget and implementation approach. All participating jurisdictions’ individual grant funding will be pooled together and expended in a cooperative manner by their agencies’ respective waste districts, MRWMD and SVSWA. The County of Monterey is applying separately and will manage its budget and project implementation independently, in coordination with broader regional planning efforts.

Based on current regional needs and findings to date related to SB 1383 in Monterey County, the following four major components will comprise the principal focus areas of program expenditures under the proposed regional project approach:

1) Grant Management, Tracking & Reporting
2) Agency Procurement Support
3) Edible Food Recovery Implementation and Capacity Building 4) Organics & Edible Food Recovery Education, Outreach and Technical Assistance

Each element will be informed by regional coordination through the established MRWMD and SVSWA Technical Advisory Committee forums, Capacity Planning Assessments and related studies completed or in process throughout the region, and new data and information obtained through program implementation trials, stakeholder feedback and best practices as identified.

All expenditures will be incurred jointly, facilitated through each respective waste agency, and tracked and reported by each jurisdiction, based on the percentage of grant funds received by each agency compared to the full funding received collectively by all participating member agencies. CalRecycle, based on per capita calculations, using the Department of Finance’s January 2021 population statistics, estimates jurisdictions’ proportionate grant allocations. A summary of individual and collective agency grant allocations is presented below as Table 1.

15 18

EXHIBIT C
(Continued)

MEMBER AGENCIES’ ESTIMATED ALLOCATION OF CALRECYCLE LOCAL ASSISTANCE GRANT PROGRAM FUNDING (OWR1: 2021-22)**

Table 1. Thirteen Agency Collaborative Approach Budget Summary ** Working in coordination with the designated CalRecycle grant manager or other agency representatives as appropriate, the region may adjust these proposed expenditure areas, amounts, or priorities, consistent with grant expenditure eligibility requirements, as needed during the course of the grant term based on the needs of the region.

Agencies Estimated
Funding
% of District
Subtotal
% of Region
Total
Waste
District
Carmel-by-the-Sea $20,000 9% 4% MRWMD
Del Rey Oaks $20,000 9% 4% MRWMD
Marina $29,771 14% 6% MRWMD
Monterey $38,247 18% 7% MRWMD
Pacific Grove $21,398 10% 4% MRWMD
Sand City $20,000 9% 4% MRWMD
Seaside $43,151 20% 8% MRWMD
Pebble Beach Community
Services District
$20,000 9% 4% MRWMD
Subtotal (MRWMD): $212,566 100% 41%

Gonzales $20,000 6% 4% SVSWA
Greenfield $25,157 8% 5% SVSWA
King City $20,665 7% 4% SVSWA
Salinas $211,143 68% 40% SVSWA
Soledad $33,095 11% 6% SVSWA
Subtotal (SVSWA): $310,060 100% 59%
TOTAL (13 Agency Regional
Approach):

$522,626

100%

16 19

EXHIBIT D
MEMBER AGENCIES’ ESTIMATED PROCURMENT REQUIRMENTS

OF ORGANIC MATERIAL

The list below indicates the annual recovered organic waste product procurement targets for each jurisdiction (city, county, or city and county) that will be in effect from January 1, 2022 through December 31, 2026 per CalRecycle.

17 April 25, 2022 Item No. 8i(1)

Honorable Mayor and Members City Council Meeting
of the Marina City Council of June 21, 2022

RECOMMENDATION TO CONSIDER ADOPTING RESOLUTION NO.
2022-, APPROVING THE PHASE 4A FINAL MAP FOR THE SEA HAVEN

DEVELOPMENT PROJECT SUBDIVISION (FORMERLY MARINA

HEIGHTS), AND AUTHORIZING THE CITY CLERK TO CERTIFY THE

FINAL MAP ON BEHALF OF THE CITY SUBJECT TO FINAL REVIEW

AND APPROVAL BY THE CITY ATTORNEY

RECOMMENDATION:

It is recommended that the City Council:

1. Consider adopting Resolution No. 2022 -, approving the Phase 4A Final Map for Sea Haven Development Project Subdivision (“EXHIBIT A”); and

2. Consider authorizing the City Clerk to certify the Final Map on behalf of the City subject to final review and approval by the City Attorney.

BACKGROUND:

At the regul ar meeting of March 21, 2006, the City Council adopted Resolution No. 2006 -56, approving the Phase 1 Final Map for the Marina Heights Development Project Subdivision. The Phase 1 final map and improvement plans were only for the major roadways (Arterials) and utilities for the Marina Heights Project.

At the regular meeting o f September 6, 2006, the City Coun cil adopted R esolution 2006-228, approving the Phase 2 Final Map for the Marina Heights. The Phase 2 final map and improvement plans were for the first 299 residential units in the Marina Heights Project.

At the regular mee ting o f August 7, 2019 , the City Coun cil adopted R esolution 2019-81, approving the Phase 5A Final Map for the Marina Heights (now Sea Haven).

At the regular mee ting o f February 4, 2020, the City Coun cil adopted R esolution 2020-23, approving the Phase 3A Final Map for the Sea Haven project.

At the regular mee ting o f March 16 , 2021, the City Coun cil adopted R esolution 2021-19, approving the Phase 3B Final Map for the Sea Haven project.

ANALYSIS:

The developers have submitted the Phase 4A subdivision map (“ EXHIBIT A”) to the City and the Marina Coast Water District for review a nd ap proval. Improvement plans have also been submitted to the City and the Marina Coast Water Distri ct for review and approval (“EXHIBIT B”- Cover Sheet Only). After review, staff has determined that the conditions of approval have been met for the Final Map and Improvement Plans for Phase 4A with the exception of a Public Improvement Agreement. Marina Co ast Water District staff have also reviewed and ap proved the plans.

1 The Developer has also submitted a Public Improvement Agreement for Council consideration and will provide labor and materials and faithful performance bonds required for the recordation of the Phase 4A Final Map. The Public Improvement Agreement will be discussed during this meeting and is a Tentative Map condition of Final Map approval and that it be accepted prior to Final Map approval. It has been determined that all other Tentative Map Conditions of Approval have been met.

The Phase 4A final map and improvement plans are for 216 residential units in the Marina Heights Project. The Phase 4A final map and improvement plans include the s pecific neighborhood improvem ents such as parks and o pen space that support 216 residential unit s including five below market rate unit sites. Each site will have six units for a total of thirty below market rate units for this phase.

All required future phased final maps must meet all the appropriate condi tions of approval and will be presented to City Council for consideration at a future date.

FISCAL IMPACT:

Should the C ity Council approve this request, the Developer has provided payment to cover the costs associated with the production, review, and recording of the Final Map.

CONCLUSION:

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

Respectfully submitted,

_________________________
Edrie Delos Santos, P.E.

Senior Engineer, Engineering Division
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 THE CITY OF MARINA APPROVING THE PHASE 4A

FINAL MAP FOR THE SEA HAVEN DEVELOPMENT PROJECT

SUBDIVISION (FORMERLY MARINA HEIGHTS), AND AUTHORIZING

THE CITY CLERK TO CERTIFY THE FINAL MAP ON BEHALF OF THE

CITY SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY

ATTORNEY

WHEREAS, at the regular meeting of March 21, 2006, the City Council adopted Resolution No. 2006-56, approving the Phase 1 Final Map for th e Marina Heights Development Project Subdivision. The Phase 1 final map and improvement plans were only for the major roadways (Arterials) and utilities for the Marina Heights Project, and;

WHEREAS, at the regular meeting o f September 6, 2006, the City Co uncil adopted Resolution 2006-228, approving the Phase 2 Final Map for the Marina H eights. The Phase 2 final map and improvement plans were for the first 299 residential units in the Marina Heights Project, and;

WHEREAS, at the regular mee ting o f August 7, 2019, the City Coun cil adopted R esolution 2019-81, approving the Phase 5A Final Map for the Marina Heights (now Sea Haven), and;

WHEREAS, at the regular mee ting of February 4, 2020 , the City Co uncil adopted Resolution 2020-23, approving the Phase 3A Final Map for the Sea Haven project, and;

WHEREAS, at the regular mee ting o f March 16 , 2021, the City Coun cil adopted R esolution 2021-19, approving the Phase 3B Final Map for the Sea Haven project, and;

WHEREAS, the developers have submitted the Phase 4A subdivision map (“ EXHIBIT A”) to the City and the Marin a Coast Water District for review and approval. Improvement plans have also been submi tted to the City and the Marina Coast Water Distri ct for review and appro val (“EXHIBIT B”- Cover Sheet Only). After review, staff has determined that the conditions of approval have been met for the F inal Map and Impr ovement Plan s for Phase 4A with the exception of a Public Improvement Agreement . Marina Co ast Wate r District staff have also reviewed and approved the plans, and;

WHEREAS, the Developer has als o submitted a Public Improvement Agreement for C ouncil consideration and will pr ovide labor and materials and fa ithful performance bonds required for the recordation of the Phase 4A Final Ma p. The Public Improve ment Agreement will be discussed during this meeting and is a Tentative Map condition of Final Map approval and that it be accepted prior to F inal Map approval. It has been determined that all other Tentative Map Conditions of Approval have been met, and;

WHEREAS, the Phase 4A final map and improvem ent plans are for 216 residential units in the Marina Heights Pro ject. The Phase 4A final map and improvement pl ans in clude the spec ific neighborhood improvements such as parks and open space in the area of the 216 residential units including thirty below market rate units, and;

WHEREAS, all required future phased final maps must meet all the appropriate cond itions of approval and will be presented to City Council for consideration at a future date, and;

3 WHEREAS, should the City Council approve this request, the Developer has provided payment to cover the costs associated with the production, review, and recording of the Final Map.

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

1. Approve the Phase 4A Final Map for Sea Haven Development Project Subdivision (“EXHIBIT A”), and;

2. Authorize the City Clerk to certify the Final Map 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 7th day of June 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 CAL I FORNI A
1 PRESTON
PARK
CSUMB
EAST

GARRISON
HWY 1
2nd AVE

IMJIN PKWY
ABRAMS
DR

RESERVATION ROAD

BLANCO RD

MARINA MUNICIPAL

AIRPORT

DEL MONTE BLVD

SALINAS
RIVER

INTER-GARRISON RD
MARINA
PHASE 4AM O N T E R E Y B A Y
CSUMB

OWNER'S STATEMENT
·
·
·
·

OWNER'S ACKNOWLEDGEMENT

MARINA HEIGHTS
PHASE 4A
TRACT NO.

WHITSON ENGINEERS
6 HARRIS COURT, MONTEREY CALIFORNIA

VICINITY MAP
SCALE: 1" = 4000'

COUNTY RECORDER'S STATEMENT

EXHIBIT A TO STAFF REPORT
5 MARINA HEIGHTS
PHASE 4A
TRACT NO.

WHITSON ENGINEERS
6 HARRIS COURT, MONTEREY CALIFORNIA

CITY CLERK'S STATEMENT

PLANNING COMMISION STATEMENT

DEDICATION CERTIFICATE

SURVEYOR'S STATEMENT

CITY ENGINEER & SURVEYOR'S STATEMENT

NOTARY ACKNOWLEDGEMENT

BENEFICIARY STATEMENTBENEFICIARY STATEMENT

SOILS REPORT STATEMENT

SIGNATURE OMISSIONS
6 BASIS OF BEARNGS
PARCEL G5
PARCEL G3
SEE SHEETS 5 - 10
PARCEL B16
SEE SHEETS 11 - 13

LINE & CURVE DATA LINE & CURVE DATA

MARINA HEIGHTS
PHASE 4A
TRACT NO.

WHITSON ENGINEERS
6 HARRIS COURT, MONTEREY CALIFORNIA
E
I
N
E S
O
N
WE
N IT
H
SG
R
LEGEND

BASIS OF BEARINGSRECORD REFERENCES
7 E L C A P I T A N D R I V EC A H O O N
C T

S A N T A L U C I A W A Y

S A N T A Y N E Z W A Y

L A M O N T W A Y
M A D E R A W A Y M a c A R T H U R D R I V E

R U B I C O N C T
PARCEL G3
PARCEL G5
PARCEL G3
5 9
6 10
7 8
3 3
11 12 13

A R R O Y O D R I V E

A N D E S I T E D R

MARINA HEIGHTS
PHASE 4A
TRACT NO.

WHITSON ENGINEERS
6 HARRIS COURT, MONTEREY CALIFORNIA
E
I
N
E S
O
N
WE
N IT
H
SG
R
LEGEND
6 NOTES:
8 884
PARCEL N45
885
881
882
879
883
877
880
878
713
791
712
715
714
PARCEL G3
PARCEL G5

EL CAPITAN DRIVE

CAHOON COURT

ABRAMS DRIVE

CURVE TABLE

MARINA HEIGHTS
PHASE 4A
TRACT NO.

WHITSON ENGINEERS
6 HARRIS COURT, MONTEREY CALIFORNIA
E
I
N
E
S
ON
W
EN
IT
H
S
G
R

SEE SHEET
11 SEE SHEET 6

SEE SHEET
9 LEGEND

BASIS OF BEARINGS
SEE SHEET 3

SEE SHEET
12 9
712
791
715714
713
719
716
717
711
710
709
707
706
787
789
790
708
788
718
720
792
795
794
796786
PARCEL 4A3
793
705
PARCEL 4A1
877
880
878
876
879885
881
843
PARCEL 4A6
875
874
785784780 781 783
722
721
702
704
703 782
799
800
723
798
PARCEL N38
701

SANTA LUCIA WAY

ABRAMS DRIVE

SANTA YNEZ WAY

EL CAPITAN DRIVE

LAMONT WAY

BASIS OF BEARINGS

LINE & CURVE DATA

MARINA HEIGHTS
PHASE 4A
TRACT NO.

WHITSON ENGINEERS
6 HARRIS COURT, MONTEREY CALIFORNIA
E
I
N
E
S
ON
W
EN
IT
H
S
G
R
SEE SHEET 5
SEE SHEET 9
SEE SHEET 7
LEGEND

BASIS OF BEARINGS

SEE SHEET
9 10
785784780 781 783
722
721
702
704
703 782
799
800
723
701
801
PARCEL N39
803
802
804
756 770746
700
734
727
732
731
730
729
725
726
724
753
754
771
772
755747
777
733
750
748
749
752
751
775779 778 776
798
PARCEL 4A1PARCEL 4A2

ABRAMS DRIVE

SANTA LUCIA WAY

MADERA WAY

ANDESITE DRIVE

LAMONT WAY

SANTA YNEZ WAY
PARCEL 4A4
PARCEL N38
773

BASIS OF BEARINGS
774

CURVE TABLE

MARINA HEIGHTS
PHASE 4A
TRACT NO.

WHITSON ENGINEERS
6 HARRIS COURT, MONTEREY CALIFORNIA
E
I
N
E
S
ON
W
EN
IT
H
S
G
R
SEE SHEET 6
SEE SHEET 10
SEE SHEET 8
SEE SHEET 9
LEGEND

BASIS OF BEARINGS
11 741
740
739
738
737
736
735
734
732
731
762
761
760
759
758
757
756
754
763
764
765
766
767
755747733
PARCEL 4A2
768
742
743
744
745
746
748
PARCEL 4A4

ABRAMS DRIVE

SANTA LUCIA WAY

SANTA YNEZ WAY

CARMEL AVENUE
771
769
770
772

BASIS OF BEARINGS

CURVE TABLE

MARINA HEIGHTS
PHASE 4A
TRACT NO.

WHITSON ENGINEERS
6 HARRIS COURT, MONTEREY CALIFORNIA
E
I
N
E
S
ON
W
EN
IT
H
S
G
R
SEE SHEET 10
SEE SHEET 7
LEGEND

BASIS OF BEARINGS
12 843
842
841
799
840
875
874
876
870
873
871
872
798
785
793
792
795
794
796
PARCEL G3

EL CAPITAN DRIVE

SANTA YNEZ WAY

RUBICON COURT
800
838
869839
PARCEL 4A6

SEE DETAIL A
896
897
898
899
225
216
18 798
PARCEL 4A6
843

SANTA YNEZ WAY

LINE & CURVE DATA

MARINA HEIGHTS
PHASE 4A
TRACT NO.

WHITSON ENGINEERS
6 HARRIS COURT, MONTEREY CALIFORNIA
E
I
N
E
S
ON
W
EN
IT
H
S
G
R

SEE SHEET
12 SEE SHEET 13
SEE SHEET 10
SEE SHEET 5SEE SHEET 6

DETAIL A
SCALE: 1"=10'
LEGEND

BASIS OF BEARINGS
13 773
PARCEL N38
774
771
769
770
772
800
838
869839
PARCEL 4A6
PCL 4A4

SANTA YNEZ WAY

RUBICON COURT
MacARTHUR DRIVE
845
846
847
848
801
836
837
803 834
802 835
804 833
PARCEL N39 PARCEL N41

EL CAPITAN DRIVE
SEE SHEET 3

MARINA HEIGHTS
PHASE 4A
TRACT NO.

WHITSON ENGINEERS
6 HARRIS COURT, MONTEREY CALIFORNIA
E
I
N
E
S
ON
W
EN
IT
H
S
G
R
SEE SHEET 9
SEE SHEET 8 SEE SHEET 7
SEE SHEET 3
LEGEND

BASIS OF BEARINGS
14 1 2 310 312 417 886 887 888 889 890 891 892 893
PARCEL G3
883 882 881 880 879 878 877 876
884
PARCEL G5
PARCEL B16

ARROYO DRIVE

CAHOON COURT

MARINA HEIGHTS
PHASE 4A
TRACT NO.

WHITSON ENGINEERS
6 HARRIS COURT, MONTEREY CALIFORNIA
SEE SHEET 5
SEE SHEET 12
LEGEND

BASIS OF BEARINGS
E
I
N
E S
O
N
WE
N IT
H
SG
R
SEE SHEET 3
15 893
875 874
873
PARCEL B16
892
PARCEL N44
894 895 896
897
898
899
225 216 18 16 900 901
PARCEL N46
965 964 963 962 961 960
872
PARCEL G3

ARROYO DRIVE
877 876

MARINA HEIGHTS
PHASE 4A
TRACT NO.

WHITSON ENGINEERS
6 HARRIS COURT, MONTEREY CALIFORNIA
SEE SHEET 9
SEE SHEET 11
LEGEND

BASIS OF BEARINGS
E
I
N
E S
O
N
WE
N IT
H
SG
R
SEE SHEET 13
SEE SHEET 9
16 PARCEL B16
902 903 904 905 906 907 911910909908
959 958 957 956 955 954 953 952 951 950
PARCEL G3
901
960
900
961

CARMEL AVENUE

ARROYO DRIVE

MARINA HEIGHTS
PHASE 4A
TRACT NO.

WHITSON ENGINEERS
6 HARRIS COURT, MONTEREY CALIFORNIA
LEGEND

BASIS OF BEARINGS
E
I
N
E S
O
N
WE
N IT
H
SG
R
SEE SHEET 12
17 PARCEL G5
PARCEL G3

C A H O O N

C O U R T

A R R O Y O D R I V E
TE
TE
TE
PARCEL G3
TE
E L

C A P I T A N
D R
TE

CURVE TABLE LINE TABLE LINE TABLE LINE TABLE

MARINA HEIGHTS
PHASE 4A
TRACT NO.

WHITSON ENGINEERS
6 HARRIS COURT, MONTEREY CALIFORNIA
E
I
N
E S
O
N
WE
N IT
H
SG
R

MATCH LINE - SEE ABOVE

MATCH LINE - SEE BELOW
LEGEND
SEE SHEET 9
SEE SHEET 13SEE SHEET 12
SEE SHEET 12SEE SHEET 11
SEE SHEET 3
SEE SHEET 5
SEE SHEET 9
18 ARROYO DR

ARROYO DR

APO WAYSAMWILL CTRUBICON CT

INYO CT

EL CAPITAN DRIVE

SANTA YNEZ WAY

SANTA LUCIA WAY

CAHOON CT
711
LANE 1
LANE 2
LANE 3 LANE 7
LANE 9
LANE 9
LANE 8
LANE 5
LANE 4

ANDESITE DR
LANE 6

MADERA WAY

LAMONT WAY
MacARTHUR DR

FUJI WAY

ABRAMS DRIVE

CARMEL AVE

SALINAS AVENUE
712
713
714
715
716
717
718
719
720
721
722
723
700
701
702
703
704
705
706
707
708
709
710
724
725
726
727
729
730
731
732
733
734
735
736
737
738
739
740
741
742
743
744
745
746
747
748
749
750
751
752
753
754
755
756
757
758
759
760
761
762 763
764
765
766
767
768
769
770
771
772
773
774775776777778779
780781782783784785
810811812813814815
816817818819820821
830
831 832
786
787
788
789
790
791 792
793
794
795
796
798
799
800
801
802
803
804
805
806
807
808
809
829
828
822
823
824
825
826
827
833
834
835
836
837
838
839
840
841
842
843
845
846
847
848
849
850
851
852
853
854
855
856
857
858
859
860
861
862863864865866867868
869
870
871
872
873874875876877878879880
881882
883
884
885
224
295 912913914
915 916 917 918
919
920
921
922
923
924
925
926
927
928929930931932933934
935 936 937 938 939 940 941 942
943944945946947948949950951952953954955956957958959960961962963964965 1 2 310 312 417 886 887 888 889 890 891 892 893 894 895 896 897 898
899 900 901 902 903 904 905 906 907 908 909 910 9111618216225

CARMEL AVE
MacARTHUR DR

CARMEL AVE
PHASE 4A
PHASE 4B
PHASE 4B
PHASE 4A
PHASE 4B

NOT TO SCALE NORTH

SEA HAVEN
PHASE 4

MARINA, CALIFORNIA

IMPROVEMENT PLANS

SITE PLAN

PROJECT TEAM

RESERVATION ROAD
MARINA

GENERAL JIM MOORE BVLD

CAL I FORNIA

INTER GARRISON ROAD

MONTEREY
BAY

IMJIN PKWY
2ND AVE
ABRAMS

CARMEL AVE

CALIF AVE
E
I
N
E S
O
N
WE
N I T
H
SG
R

BENCHMARK NOTES
“ ”
“ ”
“ ”
“ ”
SHEET
OF
SCALE:

DRAWN:

JOB No.: SUBMITTAL / REVISION
Civil Engineering
Land Surveying
6 Harris Court
Monterey, California
831.649.5225
whitsonengineers.com
2/18/2022
APH

APPROVED PLANS

AS SHOWN
APH
4007.04
1 76
SEA HAVEN - PHASE 4

IMPROVEMENT PLANS

TITLE, LEGEND AND VICINITY MAP

MARINA, CALIFORNIA
APN 031-271-006,017

MARINA COAST WATER DISTRICTANIRAM
COAST
DRETAW

IS T RICT

EXHIBIT B
19 June 14, 2022 Item No. 9a

Honorable Mayor and Members City Council Meeting
of the Marina City Council of June 21, 2022

THE CITY COUNCIL OF THE CITY OF MARINA APPROVE
RESOLUTION NO. 202 2-, APPROVING THE ASSIGNMENT OF THE

DEVELOPMENT AGREEMENT RELATED TO THE MARINA STATION
PROJECT TO 3RD MILLENNIUM PARTNERS

THE CITY COUNCIL OF THE CITY OF MARINA READ BY TITLE
ONLY AND APPROVE THE FIRST READING OF ORDINANCE 2022-,

APPROVING THE FIRST AMENDMENT TO THE DEVELOPMENT

AGREEMENT RELATED TO THE MARINA STATION PROJECT

REQUEST
It is requested that the Marina City Council:

1. Approve Resolution 202 2-, approving the assignment of the Development Agreement related to the Marina Station Project to 3rd Millennium Partners

2. Read by title only and waive further reading and approve the first reading of Ordinance 2022-, approving the First Amendment to the Development Agreement related to the Marina Station Project.

BACKGROUND:

The City of Marina and Creekbridge Homes, LLC (“Original Developer”) originally entered into a Development Agreement dated March 4, 2008, related to the Marina Station project (the "Development Agreement") (“EXHIBIT B”). The Development Agreement provided the Original Developer the opportunity t o develop a 320 -acre site into a mixed-use project on either side of Del Monte Avenue at the northern boundary of the City of Marina. The Development Agreement stipulated the terms and conditions for development of 1,360 residential units (887 single family units and 47 3 multifamily units), approximately 60,000 square feet of retail space, approximately 144,000 square feet of office space, approximately 652,000 square feet of business park/industrial, parks and open space (the "Development") . The project approvals include requirements for the development of affordable housing and the reservation of a parcel if needed for the development of a fire station.

The Development Agreement was entered into by the City of Marina and the Original Developer pursuant to Government Code Section 65864 and the Marina Municipal Code Chapter 4.04. The Development Agreement was approved by the City Council on March 4, 2008. At that regular meeting of March 4, 2008, the City Council certified the EIR, approved the General Plan Amendments, the Specific Plan (“EXHIBIT C ” Link to approved Specific Plan) , Zoning Ordinance Map Amendments, a Vesting Tentative Map (collectively the "Project Approvals"), Design Review and the Development Agreement for the Marina Station Project.

Development of the Project has been delayed because of a variety of factors, including the recession, litigation, and transfer of the property to a new ownership group. The Project Approvals were challenged in court resulting in delays in implementation of the Development. The court challenge coincided with the Great Recession that weakened the housing market. As a result of these events as well as the fact that the Original Developer dropped out of t he Development and the Property was sold to a new ownership group, the Development has been delayed. 1 The litigation and related settlement agreement between the Sierra Club and Creekbridge Homes, LLC resulted in some changes in the Development to better accommodate conservation and habitat resource protection (in the northwest portion of the property). As a result of the expanded conservation and habitat resource protection activities, some of the approved housing units in that phase of the project needed to be relocated. This relocation occurred to the east of Del Monte Boulevard. The conservation and habitat protection area required by the settlement agreement also necessitated the relocation of certain park improvements and resulted in the reduction of park acreage.

Creekbridge Homes of Salinas, California was the original developer of the project. Creekbridge Homes dropped out of the project in 2010. Subsequently, the owners of the property began seeking a new developer to move the project forward . The property was sold in 2017 to new property owners. The new ownership group brought in 3rd Millennium Partners, Inc. of San Jose ("3MP") to act as the developer of the Development in 2019. 3MP, acting as the Developer, has been working with the City since that time to move the Development forward.

Given the prior delays in the Development, it is impossible for the Development to be completed by the original expiration date of the Development Agreement – March 2026. 3MP and property owners have requested a 10-year extension of the Development Agreement (to 2036). Although the full 10 additional years most likely will not be needed, the additional time will cover unforeseen events that may occur as development proceeds, including economic cycles.

The Developer is required prior to recording the first final map to obtain City Council approval of a below market rate housing agreement consistent with the Housing Element of the City’s General Plan in effect in 2008. The Development Agreement requires that 20% of the homes be affordable to very low, low and moderate income households with the following breakdown of the affordable units:
• 95 units for moderate income households (120 percent of County median income) • 95 units for low income households (80 percent of County median income) • 82 units for very low-income households (50 percent of County median income)

The below market rate homes will be dispersed throughout the project and likely be a mix of rental and for-sale units. The below market rate housing agreement will include details such as the mix of units between rental and ownership, the timing for development of the units in relation to market rate units, the size of the units and the dispersal of the units through the Development.

Assignment Agreement.

The City originally entered into the Development Agreement with Creekbridge Homes, LLC.

Creekbridge was party to a purchase and sale agreement with the then existing property owner. In 2010 Creekbridge dropped out of Development. The Armstrong Family, the then existing owner of the property, assumed the rights and obligations under the Development Agreement. In 2017 the Armstrong Family sold the property to the current property owners. The rights and obligations under the Development Agreement run with the land and the new owners assumed those rights and obligations when they acquired the Property. The current owners have entered into an agreement with 3MP to act as developer under the terms and conditions of the Development Agreement.

Under the terms of the Development Agreement, the Developer cannot assign the Development Agreement without the consent of the City, which consent may not be unreasonably withheld. The City can refuse to approve an assignment only if the City , in its reasonable opinion , determines that the assignee would not be able to perform the obligations to be assumed. A review of the qualifications of 3MP has determined that 3MP will be able to perform the obligations under the Development Agreement.
2 Development Agreement
The Development Agreement is a valid and enforceable contract which creates rights and responsibilities for both the City and the Developer. The Development Agreement grants the Developer vested rights in the Project Approvals for the term of the Development Agreement and prevents the City from applying new city laws to the Development that conflict with the Project Approvals during the term of the Development Agreement except to the extent that such conditions or requirements are mandated by State or Federal law or required for reasons of public health and safety, such as Building and Fire Code changes. Development Agreements are authorized by Government Code Section 65864 et seq and are designed to provide developers with certainty about development rights, particularly for large scale projects that may be constructed over multiple years. The City of Marina adopted a development agreement ordinance (Chapter 4.04 of the Municipal Code). The City's procedures for the approval of develop ment agreements and amendments to development agreements requires that both the Planning Commission and the City Council hold public hearings.

The Planning Commission held a public hearing on July 8, 2021, on the Development Agreement Amendment as well as the Developer's compliance with the terms of the Development Agreement to date. The Planning Commission unanimously recommended that the City Council approve the amendment to the Development Agreement and found that the Developer is in compliance with the terms of the Development Agreement.

Development Agreement Amendments (“EXHIBIT B”)
The property owner and 3MP have requested a 10-year extension of the term of the Development Agreement. The extension request is based in part on delays that were caused by the great recession, the litigation and most recently the global pandemic , all events outside the control of the Developer. The Development Agreement provides for an automatic extension of the term if the Development is delayed because of certain force majeure ev ents. Some portion of the requested 10-year extension is required as of right under the existing Development Agreement but currently the full 10 years cannot be justified by force majeure events. Since the requested extension requires an amendment to the Development Agreement, the City and the Developer have also reviewed the Development Agreement to determine other amendments that are necessary to address changes that may have occurred since the Development Agreement was originally entered into. The amendment to the Development Agreement proposes the following changes:
• Extends the Term of the Development Agreement for 10 years with a new expiration date of March 4, 2036.
• Clarifies Section 2.3 of the Development Agreement to require that the Development be built to building codes in effect at the time of approval of the building permit s as well as clarifies that the City's then current codes with respect to trees and fencing will be applicable to the Development.
• Removes language regarding escrowing TAMC fees since TAMC has now adopted its regional fee which will be applicable to the Development. • Requires that an update of the 2008 Fiscal Impact study be prepared. The updated fiscal impact study will include as part of the assumptions the formation of community facilities and community service districts to cover some costs of infrastructure as well as all of the City's ongoing m aintenance costs of the infrastructure, including one half of the costs of operation of the fire station serving the area . If the updated fiscal impact study does not show that the Development is at least fiscally neutral to the City, the City does not have to approve the Final Map until the City and the Developer ha ve reached agreement on additional impact fees or a reallocation of maintenance responsibilities to reach fiscal neutrality.
3 • Adds language to clarify that City processing fees in effect at the time a permit application is filed will be applicable to the Development.
• Updates language regarding park improvements to reflect the current configuration of the parks as well as the improvements to be constructed on the parks and to allow the City and the Developer to agree on the standards for the park improvements . The requirements in the existing Development Agreement included specific park improvements that are outdated.
• Revises the City's maintenance obligations related to parks to address that c hange in the Park in Phase 8 that is now , as a result of the Settlement Agreement, conservation and habitat protection area. The Developer will remain responsible for the maintenance of that area in accordance with the terms of the Settlement Agreement. • Imposes a park impact fee on the development to address the reduction in parks and recreational areas that result from changes to the total acreage of parks and park improvement. The Developer will now be responsible for paying 51.9% of the City's park impact fee on each residential unit.
• Grants the City access to the Property owners ' vernal ponds for monitoring and testing should the owners grant such access to any other party.

The City Council, in considering the approval of the amendments to the Development Agreement is required to make certain findings in accordance with the Municipal Code Chapter 4.04 as follows:
• That the Development Agreement is consistent with the objectives, policies, general land uses, and programs specified in the General Plan and the Specific Plan; • That the Development Agreement is compatible with the uses authorized in and the regulations prescribed for, the land use district in which the Property is located • That the Development Agreement is in conformity with public conve nience, general welfare, and good land use practice;
• Whether the Development Agreement will be detrimental to the health, safety, and general welfare;
• Whether Development Agreement will adversely affect the orderly development of property or the preservation of property values;
• That the Development Agreement is consistent with the provisions of the Government Code related to development agreements.

The City Council made these finding for this Development when the original Development Agreement was approved. The Development has not substantially changed since its original approval and remains subject to the same General Plan and Specific Plan provisions that were applicable in 2008. The Amendment to the Development Agreement will not adversely affect the orderly development of the property or the preservation of property values and in fact will contribute to the orderly development of the property by com pleting the Development that was approved in 2008. The Amendment to the Development Agreement is consistent with the provisions of the Government Code related to development agreements. The ordinance prepared for the approval of the Amendment to the Devel opment Agreement makes the required findings based on the above information and the information contained elsewhere in this staff report.

Environmental Determination
On March 4, 2008, the City Council of the City of Marina certified the final environmental impact report for the Marina Station Project (State Clearing House Number 2005061056) ("EIR"). The EIR served as the environmental review for the Development and the Project Approvals and entitlements as well as for the approval of the Development Agr eement. Section 15162 of the 4 CEQA Guidelines states that if an EIR or negative declaration has been adopted for a project, no subsequent EIR is to be prepared unless there have been substantial changes to the project, substantial changes with respect to the circumstances under which the project is undertaken or new information of substantial importance shows that the project would have significant effects not discussed in the EIR. Since certification of the EIR there have been (i) no substantial changes to the project which would require revisions to the EIR due to the involvement of new significant environmental effects or an increase in the severity of previously identified effects. Although there have been changes to the Project since the certification of the EIR as a result of the Settlement Agreement, those changes do not significantly alter the Development or change the density or intensity of the uses approved for the Development such that there are new significant environmental effects;
(ii) no substantial changes have occurred with respect to the circumstances under which the project is being undertaken which require revisions to the EIR due to new significant environmental effects or a substantial increase in the severity of a previously identified effect. The City's urban growth boundary, which was in effect when the Development was approved was recently extended for an additional 20 years so will remain in effect for the duration of the development period. There have been no significant changes in the areas surrounding the Development since the EIR was approved that involve new significant impacts; and (iii) no new information shows that the Development will a. have any significant effects that were not discussed in the EIR, b. that significant effects that were previously examined will be more severe c. mitigations measures or alternatives that were found infeasible would in fact be feasible and reduce one or more significant effects; or d. new mitigation measures or alternatives that were not considered in the EIR would substantially reduce one or more significant effects of the Development on the environment.

Based on the above, no additional environmental analysis is required for the approval of the Amendment to the Development Agreement.

TONIGHT’S ACTION: Staff is recommending the following actions:

That the Marina City Council

1. Approve Resolution 2022-, approving the assignment of the Development Agreement related to the Marina Station Project to 3MP

2. Read by title only and waive further reading and approve the first reading of Ordinance 2022-, approving the Amendment to the Development Agreement related to the Marina Station Project.

FISCAL IMPACT:

The approval of the Amendment to the Development Agreement will result in the following beneficial fiscal impacts to the City:

1. The project will be fiscally neutral or beneficial to the City based on an updated fiscal impact study that must be completed before the City approves the Final Map for the first phase. If the fiscal impact study does not demonstrate that the project is fi scally neutral, the Developer will be obligated to either assume more in the way of maintenance obligations or pay additional impact fees.
5 2. Development of the project as contemplated will result in increased property taxes benefiting the City as well as the other taxing entities.

CONCLUSION:

This request is submitted for City Council discussion and action.

Respectfully submitted,

_____________________________
Alyson Hunter, AICP
Senior Planner, Community Development Department
City of Marina

REVIEWED/CONCUR:

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

_____________________________
Layne P. Long
City Manager
City of Marina

6 RESOLUTION NO. 2022-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA APPROVING THE

ASSIGNMENT OF THE DEVELOPMENT AGREEMENT RELATED TO THE MARINA STATION PROJECT TO 3RD MILLENNIUM PARTNERS

WHEREAS, Creekbridge Homes, LLC and the City previously entered into that certain Development Agreement dated as of March 4, 2008 (the "Development Agreement"), pursuant to which the City and Creekbridge Homes, LLC agreed to certain matters with respect to the development of a mixed use community with residential, commercial, office, industrial, public, cultural, recreation, and park land uses (the "Project") as more specifically provided for in the Marina Station Specific Plan adopted by the City of Marina; and

WHEREAS, Creekbridge Homes, LLC elected not to proceed with the development of the Project in accordance with the Development Agreement and Creekbridge Homes, LLC's rights and obligations under the Development Agreement were assumed by the owner of the Pr operty at the time, the Armstrong Family, and the City recognized the Armstrong Family as the successor in interest to Creekbridge Homes, LLC under the Development Agreement; and

WHEREAS, the Armstrong Family subsequently sold the Property to Valle del Sol Properties, LLC, the 2004 Ramirez Family Revocable Trust (Restated 2013) and the Villam Legacy Irrevocable Trust (2017) (the "Subsequent Owner") and the Subsequent Owner succeeded to the Armstrong Family's rights under the Development Agreement; and

WHEREAS, the Subsequent Owner has entered into an agreement with 3rd Millennium Partners, a California Corporation ("3MP") for 3MP to act as the developer of the Project; and

WHEREAS, the Development Agreement requires that the City consent to the assignment of the Development Agreement;

WHEREAS, the City has reviewed the qualifications of 3MP and has determined that 3MP has the necessary qualification to complete the project;

WHEREAS, based on the information provided in the staff report no new environmental review for the project is required pursuant to CEQA Guidelines Section 15162 and the final environmental impact report for the Marina Station Project (State Clearing House Number 2005061056) shall serve as the environmental review for the approval of the Amendment to the Development Agreement.

NOW THEREFORE BE IT RESOLVED that the City Council of the City of Marina hereby approves the assignment of the Development Agreement to 3MP in accordance with that certain assignment and assumption agreement on file with the City Clerk.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 21st day of June 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCILMEMBERS:

ABSTAIN: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

______________________________
Bruce C. Delgado, Mayor
ATTEST:

_____________________________
Anita Sharp, Deputy City Clerk
7 ORDINANCE NO. 2022-

AN ORDINANCE OF THE CITY OF MARINA APPROVING AN

AMENDMENT TO DEVELOPMENT AGREEMENT FOR THE MARINA

STATION PROJECT

WHEREAS, to strengthen the public planning process, encourage private participation in comprehensive planning and reduce the economic risk of development, the Legislature of the State of California adopted Government Code Sections 65864 et seq. (the "Development A greement Statute") which authorizes cities to enter into agreements for the development of real property with any person having a legal or equitable interest in such property in order to establish certain development rights in such property; and

WHEREAS, in accordance with the Development Agreement Statute, the City of Marina (the "City") has enacted Chapter 4.04 of the Marina Municipal Code (the "Development Agreement Regulations") to implement procedures for the processing and approval of development agreements in accordance with the Development Agreement Statute; and

WHEREAS, the City and Creekbridge Homes, LLC previously entered into that certain Development Agreement dated as of March 4, 2008 (the “Development Agreement”), pursuant to which the City and Developer agreed to certain matters with respect to the development of a mixed use project including 1320 residential units, approximately 60,000 square feet of retail space, approximately 144,00 square feet of office, approximately 652,000 square feet of industrial space as well as approximately 52 acres of open space and parks along with roadways and other infrastructure serving the development (the “ Project”) on certain real property consisting of approximately three hundred twenty (320) acres , lo cated in the northern section of the City of Marina (the “Project Site”), which is more particularly described in the Development Agreement; and

WHEREAS, The Armstrong Family subsequently sold the Property to V alle del Sol Properties, LLC a California limited liability company, the 2004 Ramirez Family Revocable Trust dated January 16, 2004 and Restated on June 14, 2013 and the Villam Legacy Irrevocable Trust dated October 16, 2017 (collectively the "Subsequent Owner");

WHEREAS, Subsequent Owner has entered into an agreement with 3rd Millennium Partners, a California corporation ("3MP") to act as developer of the Property and the City has approved the assignment of the rights and obligations under the Development Agreement to 3MP pursuant to the terms of an Assignment and Assumption Agreement meeting the requirements of Article 5 of the Development Agreement;

WHEREAS, prior to its adoption of th e Development Agreement, the City has approved a Specific Plan (the "Specific Plan) for the Project Site, General Plan Amendments (the "General Plan Amendments"), a Specific Plan Zoning Ordinance and Map Amendments, a Vesting Tentative Map and certified an EIR (collectively the "Project Approvals"); and

8 Ordinance No. 2022-
Page Two

WHEREAS, the development of the Project has been delayed and the Developer has requested that the City approve an extension of the Development Agreement to account for those delays; and

WHEREAS, the City and Developer have negotiated the terms of the Amendment to the Development Agreement (the "Amendment") amending the terms of the Development Agreement; and

WHEREAS, on March 4, 2008, the City certified the Final Environmental Impact Report for the Project (State Clearing House Number 2005061056) (the "Final EIR"); and

WHEREAS, the complexity, magnitude and long term buildout of the Project would be difficult for Developer to undertake if the City had not determined, through the Development Agreement, to inject a sufficient degree of certainty in the land use regulatory process to justify the substantial financial investment associated with development of the Project; and

WHEREAS, the Amendment to the Development Agreement will assure both the City and Developer that the Project can proceed without disruption caused by a change in City planning and development policies and requirements, which assurance will thereby reduce the actual or perceived risk of planning, financing and proceeding with construction of the Project and promote the achievement of the private and public objectives of the Project; and

WHEREAS, pursuant to Section 65867 of the Government Code, the Planning Commission held a duly noticed public hearing on July 8, 2021, on amending the Development Agreement consistent with the terms of the First Amendment to the Development Agreement during which public hearing the Planning Commission received comments from the Developer, City staff, and members of the general public; and

WHEREAS, following said public hearing, the Planning Commission recommended approval of the Amendment to the Development Agreement; and

WHEREAS, pursuant to Section 65867 of the Government Code, the City Council, on June 21, 2022 , held a duly noticed public hearing on the Amendment to the Development Agreement during which public hearing s, the City Council received comments from the Developer, project consultants, City staff, and members of the general public;

THE CITY COUNCIL OF THE CITY OF MARINA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. This Ordinance incorporates, and by this reference makes a part hereof, the Development Agreement and the Amendment to the Development Agreement substantially in the form on file with the City Clerk as of the date of passage of this Ordinance, subject to the provisions of Section 5 hereof.

SECTION 2. This Ordinance is adopted under the authority of Government Code Section 65864 et seq., and pursuant to Chapter 4.04 of the Municipal Code of the City of Marina, which was added by City Ordinance No. 2003 -04, establishing procedures and requirements for consideration of development agreements pursuant to Government Code Section 65864 et seq. (the “Development Agreement Regulations”).

9 Ordinance No. 2022-
Page Three

SECTION 3 . In accordance with Section 4.04.090 of the Development Agreement Regulations, the City Council hereby finds and determines, as follows:

(a) The Amendment to the Development Agreement is consistent with the objectives, policies, general land uses and pro grams specified in the Specific Plan and the General Plan, as amended;

(b) The Amendment to the Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use districts in which the Property which is subject to the Development Agreement is located;

(c) The Amendment to the Development Agreement is in conformity with public convenience, general welfare and good land use practice;

(d) The Amendment to the Development Agreement will not be detrimental to t he public health, safety and general welfare;

(e) The Amendment to the Development Agreement will not adversely affect the orderly development of property or the preservation of property values; and

(f) The Amendment to the Development Agreement is consistent with the provisions of Government Code Sections 65864 through 65869.5.

(g) Based on the information provided that no new environmental review for the project is required pursuant to CEQA Guidelines Section 15162 and that the Final EIR shall serve as the environmental review for the approval of the Amendment to the Development Agreement.

SECTION 4. The foregoing findings and determinations are based upon the following:

(a) The Recitals set forth in this Ordinance, which are deemed true and correct;

(b) The Final EIR;

(d) The Marina Zoning Map;

(e) All City staff reports (and all other public reports and documents) prepared for the Planning Commission, City Council, or others relating to the Final EIR, the Specific Plan, the General Plan Amendments, the Development Agreement, the Amendment and other actions relating to the Property;

(f) All documentary and oral evidence received at public hearing or submitted to t he Planning Commission or City during the comment period relating to the Amendment; and

(g) All other matters of common knowledge to the City Council, including, but not limited to the City’s fiscal and financial status; City policies and regulations; reports, projections and correspondence related to development within and surrounding the City; State laws and regulations and publications.

10 Ordinance No. 2022-
Page Four

SECTION 5 . The City Council hereby approves the Amendment to the Development Agreement, substantially in the fo rm on file with the City Clerk subject further to such minor, conforming and clarifying changes consistent wit h the terms thereof as may be approved by the City Manager prior to execution thereof, including but not limited to completion of references and status of planning approvals, and completion and conformity of all exhibits thereto, as amended and as approved by the City Council.

SECTION 6. Upon the effective date of this Ordinance as provided in Section 9 hereof, the City Manager and City Clerk are hereby authorized and directed to execute the Amendment to the Development Agreement on behalf of the City of Marina.

SECTION 7. The City Manager is hereby authorized and directed to perform all acts authorized to be performed by the City Manager in the administration of the Amendment to the Development Agreement and the Development Agreement pursuant to the terms of the Development Agreement as amended by the Amendment, including but not limited to provisions for certain administrative amendments and transfers and assignments as authorized therein.

SECTION 8. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance.

SECTION 9. This Ordinance shall be in full force and effect thirty (30) days after its passage and adoption; as certified by the City Clerk.

THE FOREGOING ORDINANCE was first read at a regular meeting of the Marina City Council on the 21st day of June 2022 and was passe d and adopted at a regular meeting of the Marina City Council on the 6th day of July 2022.

AYES, COUNCIL MEMBERS:

NOES, COUNCIL MEMBERS:

ABSTAIN, COUNCIL MEMBERS:

ABSENT, COUNCIL MEMBERS:

Bruce C. Delgado, Mayor

ATTEST:

Anita Sharp, Deputy City Clerk
11 This First Amendment to Development Agreement (the “First Amendment”) is made as of this day of _________, 2022 by and between the CITY OF MARINA, a California municipal corporation (the “City”) and VALLE DEL SOL PROPERTIES, LLC (“Valle”), THE 2004 RAMERIZ FAMILY REVOCABLE TRUST (RESTATED 2013) (“Ramirez Trust”), THE VILLAM LEGACY IRREVOCABLE TRUST (2017) (“Villam Trust”) (collectively, Valle, Ramirez Trust and Villam Trust are referred to as the “Subsequent Owner”), and 3RD MILLENNIUM PARTNERS, a California corporation “(the “Developer”) with reference to the following facts and circumstances.

RECITALS
A. Creekbridge Homes, LLC and the City previously entered into that certain Development Agreement dated as of March 4, 2008 and approved by the City on May 20, 2008 (the “Development Agreement”). A copy of the Development Agreement is attached hereto as Exhibit A, pursuant to which the City and Creekbridge Homes, LLC agreed to certain matters with respect to the development of a mixed use community with residential, commercial, office, industrial, public, cultural, recreation, and park land uses (the “Project”) as more specifically provided for in the Marina Station Specific Plan adopted by the City of Marina on May 20, 2008, located on approximately 320 acres of real property in the City more particularly described in Exhibit B (the “Property”).

B. Creekbridge Homes, LLC elected not to proceed with the development of the Project in accordance with the Development Agreement and Creekbridge Homes, LLC ’s rights and obligations under the Development Agreement were assumed by the owner of the Property at

RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:

City of Marina
211 Hillcrest Avenue
Marina, CA 93933
Attn: City Manager

NO FEE FOR RECORDING PURSUANT TO
GOVERNMENT CODE SECTION 27383
SPACE ABOVE THIS LINE FOR RECORDER’S USE

FIRST AMENDMENT TO DEVELOPMENT AGREEMENT

BY AND BETWEEN

THE CITY OF MARINA
AND
VALLE DEL SOL PROPERTIES, LLC, THE 2004 RAMERIZ FAMILY
REVOCABLE TRUST (RESTATED 2013), THE VILLAM LEGACY
IRREVOCABLE TRUST (2017) AND 3RD MILLENNIUM PARTNERS

FOR THE MARINA STATION PROJECT

EXHIBIT A
12 the time, the Armstrong Family, and the City recognized the Armstrong Family as the successor in interest to Creekbridge Homes, LLC under the Development Agreement.

C. The Armstrong Family subsequently sold the Property to the Subsequent Owner.

D. The Subsequent Owner has entered into an agreement with the Developer to act as developer of the Property, and the City, by Resolution 2022-___ has approved the assignment of the rights and obligations under the Development Agreement to the Developer pursuant to the terms of an Assignment and Assumption Agreement between the Subsequent Owner and the Developer meeting the requirements of Article 5 of the Development Agreement. The Assignment and Assumption Agreement between the Subsequent Owner and the Developer has been approved by the City, and it is being recorded concurrently with this First Amendment.

E. The development of the Project has been delayed and the Developer has requested that the City approve an extension of the Development Agreement in part to account for those delays and also to provide time for the Developer to complete the Project.

F. Each of the City and the Developer are requesting modification to the Development Agreement to facilitate the development of the Project, which in turn will bring financial and other benefits to the City.

G. The City and the Developer now desire to amend the Development Agreement pursuant to the terms of this First Amendment.

NOW THEREFORE, in consideration of the foregoing recitals and the mutual covenants and agreements contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

1. Defined Terms . All terms defined in the Development Agreement when used herein shall have their respective meanings as set forth in the Development Agreement unless expressly superseded by the terms of this First Amendment. All references in this First Amendment to an “Article” or a “Section” shall refer to the applicable Article or Section of the Development Agreement, unless otherwise specifically provided.

2. Term. The first sentence of Se ction 1.2.2 of the Development Agreement is amended to read as follows:

The Term of this Agreement shall commence on the Effective Date and shall continue until March 4 , 2036 (as may be extended, the “Term”) unless this Agreement is otherwise terminated or extended in accordance with the provision of this Agreement.

3. Construction Codes. Section 1.1.8 of the Development Agreement is amended in its entirety to read as follows:

EXHIBIT A
13 The California Building Standards Code (Title 24 of the California Code of Regulations), as it may be updated by the California Building Standards Commission from time to time (although generally on a triennial basis), and which currently consists of the California Building Code, the California Residential Code, the California El ectrical Code, the California Mechanical Code, the California Plumbing Code, the California Energy Code, the California Fire Code, the California Existing Building Code, the California Green Building Standards Code (also referred to as CALGreen), Building Conservation Code and the Uniform Building Security Code. Uniform Building Codes shall include local amendments to the Uniform Building Codes only if such local amendments have been filed with, and approved, by (i) the California Building Standards Commis sion pursuant to California Health & Safety Code Sections 18941.5, and (ii) for local amendments relating to Part 6 of Title 24 of the California Code of Regulations (the California Energy Code), Part 11 of Title 24 of the California Code of Regulations (t he California Green Building Standards Code) and any successor regulations, the California Energy Commission pursuant to California Public Resources Code Section 25402.1(h)(2).

4. Applicability of New City Laws. Notwithstanding anything set forth in Sect ion

2.4, the City shall be entitled to apply the provisions related to trees and fencing in Marina Municipal Code Chapter 17.62 and Title 17. 42 in effect at the time the Developer submits applications related to trees and fencing.

5. Impact Fees, Dedication and Processing Fees.

(a) The final sentence of the first paragraph of Section 2.7 of the Development Agreement is amended to read as follows:

Notwithstanding the previous sentence, the Developer acknowledges that the Project and Property sha ll be subject to the Regional Development Impact Fee proposed by the Transportation Agency of Monterey County (TAMC).

The second paragraph of Section 2. 7, and Subsections 2.7.1.1, 2.7.1.2, 2.7.1.3 and

2.7.1.4 are deleted in their entirety.

(b) Section 2.7.3 of the Development Agreement is amended in its entirety to read as follows:

Developer shall be obligated to pay those processing fees, including application, plan check, map review, inspection and monitoring fees and fees of outside consultants, for land use approvals, grading and building permits and other permits and entitlements ( “Processing Fees ”) in connection with the Project that are in effect at the time the application is submitted to the City, provided, however, the Developer retains th e right to challenge such fees as excessive under state law, provided, however, if the Developer requests expedited processing for any approval, plan check, map review, or inspection or other services, the Developer

EXHIBIT A
14 shall pay an increases costs incurred by the City to accommodate the request for expediting.

5. Municipal Services Financing, Plan/Fiscal Neutrality . The opening paragraph of Section 2.16 of the Development Agreement is amended in its entirety to read as follows:

Pursuant to the requirements of the General Plan, a City staff directed fiscal analysis was prepared at the time the Development Agreement was approved in 2008 (“2008 Fiscal Impact Study ”) that summarized costs associated with providing required public services to, and the revenues generated by the Project. Based upon the findings of the 2008 Fiscal Impact Study, the City determined that the economic impact of the Project on the City was fiscally neutral, provided that the ownership of infrastructure and maintenance responsibilities are shared between the City of Marina’s General Fund and the Marina Station Home Owners Association (HOA) as set forth in subsection 2.16.1 through 2.16.4. The City will not issue the Final Map for the first phase of the Development until the City has completed an update to the 2008 Fiscal Impact Study and that update demonstrates that the Project is fiscally neutral to the City. For purposes of completing the update to the 2008 Fiscal Impact Study, the City will assume that community facilities district s and community service districts will be formed at the Developer ’s expense that will cover the maintenance costs for all landscaping, lighting, parks, and roadways that are the responsibility of the City and that will also cover one-half of the City’s costs of operating its fire station serving the Project. If the update to the 2008 Fiscal Impact Study fails to demonstrate fiscal neutrality, the Developer and the City shall make adjustments to the ownership and maintenance responsibilities for infrastructure or the Developer shall agree to additional impact fees or other exactions as necessary to achieve fiscal neutrality. Any community facilities districts and community service districts contemplated in the update to the 2008 Fiscal Impact Study must be formed prior to the approval of the Final Map for the first phase of the Development.

6. City-Maintained Parks. Section 2.16.3 of the Development Agreement is hereby amended in its entirety to read as follows:

The City shall maintain all of the improvements within Tentative Map Parcels 3, 8, 11, 13, 14, 16, and 29, including the trees and landscaping between the property line of the parcels and the back of the curb.

7. Construction and Dedication of Parks and Streets . The first two sentences of Section 2.16.4 of the Development Agreement are hereby amended in their entirety to read as follows:

The Developer shall construct or install all improvements within both the City - maintained areas and the HOA maintained areas described in Section 2.16.1, 2.16.2, and 2.16.3 above. The parks shall incorporate those facilities set forth in Exhibit C to this Amendment. Exhibit C replaces Appendix E of the Marina Station Specific

EXHIBIT A
15 Plan. The facilities shall be generally consistent with those facilities listed in Exhibit C as such facilities may be revised or modified by mutual agreement of the Parties.

Section 3 of Exhibit C of the Development Agreement is hereby amended to read as follows:

The Developer shall, in connection with the Project, dedicate to the City, the parks and recreational areas set forth in Section 2.16.3 of this Amendment for park and recreational purposes, which shall be maintained in accordance with Section 2.16 of the Agreement. The Developer and the City dispute whether the park and recreation spaces to be dedicated to the City based on the current submissions to the City are less than contemplated originally in the Development Agreement, and the Developer and the City have agreed to resolve this dispute by the Developer agreeing to pay a portion of the City’s Park Fees as set forth in the Marina Muncipal Code Section 3.26.05 equal to 51.9% of the City's Park Fee per residential unit as such Park Fee increases annually, such fee to be paid upon issuance of the building permits for each residential unit. The Developer shall irrevocably dedicate to the City the parkland within each phase of the Project in an unimproved condition at the time of the City Approval of a Final Map that includes said parkland .

Additionally, the Developer shall irrevocably dedicate to the City the parkland shown within Parcel 3 of the Vesting Tentative map prior to City approval of the Final Map for the second phase of the Project. Each park shall be improved by Developer when more than 50% of the residences on the streets surrounding that park (as shown on the final map that includes that park) are installed, and Developer shall bond for each park when it submits the improvement plans and draft final map for that phase which includes that park. The City agrees not to delay occupancy of residential units based upon the status of park improvements.

8. Exhibits. Exhibit D of the Development Agreement is deleted in its entirety.

9. City Access to Wetlands.

9.1 Purposes. In consideration for the City ’s extension of the Development Agreement, the Subsequent Owner on behalf of itself and its successors and assigns, agrees to provide the City with reasonable access to wetlands and vernal pools located on Subsequent Owner’s property in the area shown as “Wetlands Area” on Exhibit D to this First Amendment for purposes of testing and monitoring the wetlands' and vernal pools' hydrologic condition if at any time during the Term of this Agreement, the Subsequent Owner provides access to the Wetlands Area to any other person or entity for purposes of testing and monitoring the wetlands' and vernal pools' hydrologic condition. If the Subsequent Owner provides such access to the Wetlands Area to any other person or entity, then the City shall be allowed such access, and the City's access shall be on the same terms as provided to such other person or entity.

EXHIBIT A
16 10. MCWD Cooperation. If infrastructure required by the Marina Coast Water District ("MCWD") is to be funded in whole or in part by a community facilities district established by the City, the City agrees to cooperate with the Developer in negotiating and entering into an infrastructure agreement with MCWD mutually acceptable to the City and the Deeloper provided such agreement does not require the City to commit any funds toward the development of water infrastructure other than funds from a community facilities district and does not require the City to incur any liability with regard to the infrastructure to be constructed . Nothing herein shall eliminate or retrain the City Counil discretaion in approving any such agreement with MCWD and the parties understand and agreed that any such agreement is subject to City Council approva.

10. Conflict and Effectiveness. In the event of a conflict between terms and condition of this First Amendment and the terms and conditions of the Development Agreement, the terms and conditions of this First Amendment shall control. This First Amendment shall be effective as of the date that the Ordinance adopting this First Amendment is effective.

11. No Further Modification. Except as set forth in this First Amendment, all other terms and provisions of the Development Agreement are hereby ratified and confirmed and shall be and remain unmodified and in full force.

12. Counterparts. This First Amendment may be executed in any number of counterparts, each of which counterparts shall be deemed to be an original, and all of which counterparts, when taken together, shall be deemed to constitute one and the same instrument.

IN WITNESS WHEREOF, the Parties have entered into this First Amendment as of the day and year first above written.

“DEVELOPER”: 3RD MILLENNIUM PARTNERS,

By: ______________________________
Its: ____________________

“SUBSEQUENT OWNER”: VALLE DEL SOL PROPERTIES, LLC

By:_______
Its:________________________

THE 2004 RAMERIZ FAMILY
REVOCABLE TRUST (RESTATED 2013)

By:___________________________
Its:____________________________

THE VILLAM LEGACY IRREVOCABLE

EXHIBIT A
17 TRUST (2017)

By:____________________________
Its:_____________________________

“CITY”: CITY OF MARINA

By: __________________________________
Name:
________________________________
Title:
_________________________________

List of Exhibits

Exhibit A – Development Agreement approved by the City in May 2008 Exhibit B – Map of Property subject to Development Agreement Exhibit C – Park Facilities to be included in Project
Exhibit D – Map of Locations of Wetlands Areas

EXHIBIT A
18 EXHIBIT A

DEVELOPMENT AGREEMENT

EXHIBIT A
19 EXHIBIT B

MAP OF PROPERTY

EXHIBIT A
20 EXHIBIT C

PARK FACILITIES TO BE PROVIDED
(Replaces Exhibit E to the Marina Station Specific Plan)

The parks and facilities outlined in red and lined out will not be built by the Developer.

EXHIBIT A
21 EXHIBIT D

MAP OF LOCATIONS OF WETLANDS AREAS

EXHIBIT A
22 EXHIBIT B
23 EXHIBIT B
24 EXHIBIT B
25 EXHIBIT B
26 EXHIBIT B
27 EXHIBIT B
28 EXHIBIT B
29 EXHIBIT B
30 EXHIBIT B
31 EXHIBIT B
32 EXHIBIT B
33 EXHIBIT B
34 EXHIBIT B
35 EXHIBIT B
36 EXHIBIT B
37 EXHIBIT B
38 EXHIBIT B
39 EXHIBIT B
40 EXHIBIT B
41 EXHIBIT B
42 EXHIBIT B
43 EXHIBIT B
44 EXHIBIT B
45 EXHIBIT B
46 EXHIBIT B
47 EXHIBIT B
48 EXHIBIT B
49 EXHIBIT B
50 EXHIBIT B
51 EXHIBIT B
52 EXHIBIT B
53 EXHIBIT B
54 EXHIBIT B
55 EXHIBIT B
56 EXHIBIT B
57 EXHIBIT B
58 EXHIBIT B
59 EXHIBIT B
60 EXHIBIT B
61 EXHIBIT B
62 EXHIBIT B
63 EXHIBIT B
64 EXHIBIT B
65 EXHIBIT B
66 EXHIBIT B
67 EXHIBIT B
68 EXHIBIT B
69 EXHIBIT B
70 EXHIBIT B
71 EXHIBIT B
72 EXHIBIT B
73 EXHIBIT B
74 SPECIFIC PLAN
APPROVED BY CITY COUNCIL ON MARCH 4, 2008
This Exhibit is 204 pages with color
https://www.cityofmarina.org/DocumentCenter/View/10756/MS-Specific-Plan-Feb-2008?bidId=

EXHIBIT C
75 June 16, 2022 Item No. 11a
Honorable Mayor and Members City Council Meeting
of the Marina City Council of June 21, 2022
CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2022-, APPROVING AN

AGREEMENT WITH NOLAND, HAMERLY, ETIENNE & HOSS TO PROVIDE MUNICIPAL LEGAL SERVICES TO THE CITY OF MARINA ; APPROVE A

WAIVER OF CONFLICT OF INTEREST AND CONSENT TO REPRESENT CITY OF MARINA; AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE
AGREEMENT AND WAIVER.

RECOMMENDATION: City Council consider:

1. Adopt Resolution No. 2022-, approving an agreement with Noland, Hamerly, Etienne & Hoss to provide municipal legal services to the City of Marina ; and approve a waiver of conflict of interest and consent to represent the City of Marina; and

2. Authorize the City Manager to execute the agreement and waiver.

BACKGROUND:

In November 202 1, the Wellington Law Offices provided notice to the Mayor and City Council that they would be resigning as the City of Marina’s City Attorney and Assistant Attorney effective March 1, 2022. Rob Wellingt on has been serving as Marina ’s City Attorney since the City incorporated in November 1975.

The City Council has been reviewing the scope of services for a new City Attorney and is developing an RFP to release for the Council to recruit and select a new City Attorney. This process is expected to take several months. In the interim, there is a need for continued municipal legal ser vices and the proposed contract with Noland, Hamerly, Etienne & Hoss (NHEH) will provide an Interim City Attorney for the City of Marina. During this period of time, the Wellington Law Offices may continue to assist with providing legal services for the City as needed.

ANALYSIS:

Under the proposed agreement, the Interim City Attorney will provide to, or on behalf of the City of Marina, day-to-day advice, written opinions, legal document review and appearances at meetings as needed. The Inter im City Attorney will also provi de litigation services, upon request and subject to direction of the City Council.

The Interim City Atto rney services will be performed principally by Heidi A. Quinn. However, other attorneys, clerks and paralegals may be assigned to represent the Cit y. Attached is a bio for Heidi Quinn who prior to working for NHEH previously worked for the law firm of De Lay & Laredo and served as the Assistant City Attorney for Pacific Grove for fifteen (15) years and has been licensed for over twenty-seven (27) years (“EXHIBIT A”). Heidi Quinn’s areas of expertise are municipal law, employment, water law, and civil lit igation. Also attached is an overview brochure for NHEH which lists their areas of expertise, their other attorneys working for the firm and a list of some of their clients (“EXHIBIT B”).

There is no retainer initially required with this agreement (“EXHIBIT C”). The City will be billed at the attorneys hourly rate which will range from $260.00 to $550.00 per hour. The hourly rate for Heidi Quinn is $395.00.
1 1

The agreement can be terminated by the City or NHEH at any time without cause.

FISCAL IMPACT:

The current budget for Fiscal Year 2021/22 and 2022/23 includes funding for city attorney and legal services and no additional budget adjustments are needed.

_____________________________
Layne Long
City Manager
City of Marina

2 2

RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA

APPROVING AN AGREEMENT NOLAND, HAMERLY, ETIENNE & HOSS TO PROVIDE MUNICIPAL LEGAL SERVICES TO THE CITY OF MARINA; APPROVE A WAIVER OF

CONFLICT OF INTEREST AND CONSENT TO REPRESENT CITY OF MARINA AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT AND WAIVER.

WHEREAS, the Wellington Law Offices has served as Marina ’s City Attorney s ince 1975 and has notified the City they will be resigning effective March 1, 2022, and

WHEREAS, the City has continued need f or legal services whil e it i s recruiting for a new City Attorney, and Noland, Hamerly, Etienne & Hoss can provide continued municipal legal services and an Interim City Attorney on an hourly basis, and

WHEREAS, Heidi A. Quinn will be the principal person performing Interim City Attorney services.

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

1. Approve an agreement for Municipal Legal Services with Noland, Hamerly, Etienne & Hoss, and

2. Approve a waiver of conflict of interest and consent to represent City of Marina, and

3. Authorize the City Manager to execute the agreement and waiver.

PASSED AND ADOPTED by the City Council of the City of Marina at a reg ular meeting duly held on the 21st of June 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

3 3
·
·
·
·
·

EXHIBIT A
4 Client FoCused,
Relationship dRiven
a tRadition oF exCellenCe
sinCe 1928
1 68
101

MONTEREY

SALINAS

TO SAN JOSE

TO SANTA BARBARA
Salina S Office
333 Salinas Street
Salinas, c alifor
nia 93901
Near the cor
ner of Main and Alisal Streets
in Oldtown Salinas.
phone 831
.424.1414
fax 831
.424.1975
MOnterey Office
470 c amino e l e stero
Montere
y, c alifor
nia 93940
Across fr
om Lake El Estero at the
corner of Anthon
y Street.
phone 831
.373.3622
fax 831
.649.3043
Mailing a ddre SS
PO Box 2510
Salinas, ca 93902
www .nheh .Com
NHEH Brochure CXX #04749.indd 2-3 11/9/20 7:49 AM

EXHIBIT B
5 n O t e S W W W . n H e H . c O M
NOLAND HAMERLY:

A FOUNDATION OF SERVICE
Since 1928, NOLAND, HAMERLY, ETIENNE & HOSS
HAS BU
ILT IT
S LA
W PR
ACTICE ON TH
E FU

NDAMENTAL
P H I L O S O P H Y O F O U
T S TA N D I N G C L
I E N T S E

RV I C E ,
INTEGRITY, EXC
ELLENCE AN
D RE
SPONSIVENESS. OUR
CL
IENTS’ CO
MPLETE SA
TISFACTION IS OU
R GO
AL.
toda Y we aRe on e oF th e l aRG es t an d mo st
Res
peCte
d FiRms on CaliFoRnia’s CentRal Coast,
wi
th tw
o oFFiCes in monte ReY Count Y, seRvi nG
individual
s, Families and Businesses on the
monteReY peninsula, t he salinas valleY, and
thRouGhout monteReY, san Benito, santa CRuZ
and santa ClaRa Counties.
ouR Clients inCl ude n ational and inteRn ational
CoRpoRa
tions, ReGion
al Businesses, FamilY o
wned
Businesses, individu
als, and Families, manY oF
whom ha
ve lived in the ReGion FoR GeneRa
tions.
eaCh Client has ouR Full Commitment t o hiGh
Qu
alitY and Cos
t-eFFeCtive leGal Counsel.
noland hameRlY has pRoudlY seRved ouR Client s
FoR manY YeaRs, and we looK FoRwaRd t
o doinG
so
FoR
manY YeaRs t
o Come.
n Ote S
NHEH Brochure CXX #04749.indd 6-7 11/9/20 7:49 AM
6 P r a c t i c e P r O f i l e c O M M U n i t y S e r V i c e PRACTICE PROFILE
AGRICULTURAL LAW
Land Use and A
cquisition
Leasing
Cr
op Growing and Marketing Agreements
Commission Mer
chant

and Commodity
Cr
op Damage Claims
P
ACA (Perishable Agricultural Commodities Act)

Claims
A
gricultural Liens
Cr
op, Seed and Producer’s Liens
W
ater Rights

BUSINESS&TAXATION
Formation, Operation and Dissolution of

Partnerships, Corporations and Limited

Liability Companies
P
artner, Shareholder and Member Agreements
S
ales, Mergers, Acquisitions and Reorganizations
L
eases, Banking and Secured Transaction Documents
B
usiness Succession
Le
tters of Credit
Commer
cial Paper
Sale and Lease F
inancing
Int
ellectual Property

CONSTRUCTION
Contr act Preparation, Review and Analysis
Bid Pr
otests and Mistakes
Contr
act Disputes
Mec
hanics Liens, Stop Notices and Bond Claims
Def
ective Design or Installation
Mat
erials Failure
Br
each of Warranty
R
egulatory Matters and Permitting
En
vironmental Issues Relating to Construction Projects
Building Code and Licensing Appr
ovals
S
tate Contractor License Board Issues
Pr
oject Permitting
NOLAND HAMERLY:

A DEDICATION TO OUR COMMUNITY

OUR ATTORNEYS ARE LEADERS IN THE CHARITABLE, CULTURAL AND PUBLIC SERVICE ORGANIZATIONS SERVING THE CENTRAL COAST.

WE BELIEVE THE BEST WAY TO GIVE BACK TO OUR COMMUNITY IS TO

SERVE THE MANY NON-PROFITS KEY TO THE HEALTH AND CULTURAL DIVERSITY OF OUR AREA. OUR LAWYERS CURRENTLY SERVE ON, OR HAVE SERVED ON, THE BOARD OF DIRECTORS OF:

A g Against Hunger
Calif
ornia Chapter of the American Lung Association

Calif
ornia Rodeo
Car
mel Bach Festival
Car
mel Public Library Foundation
Car
mel Sunset Cultural Center
C
ASA of Monterey County
C
HISPA
Elkhor
n Slough Foundation
Gilr
oy Chamber of Commerce
Gir
l Scouts of Monterey Bay
Har
tnell College Foundation
Leader
ship Gilroy
Leg
al Services for Seniors
Meals on Wheels
Mont
erey County Agricultural Education, Inc.

Mont
erey County Bar Association
Mont
erey County Historical Resources Review Board

Mont
erey Jazz Festival
Mont
erey Peninsula Chamber of Commerce
N
ational Steinbeck Center
R
otary Clubs of Corral de Tierra, Gilroy, Salinas
and Mont
erey
Salinas R
otary Charities Foundation
Salinas V
alley Chamber of Commerce
Salinas V
alley Fair
Salinas V
alley Leadership Group
Salinas V
alley Memorial Health Care System Foundation
San Car
los School
U
nited Way
V
isiting Nurses Association
Y
ork School

Our lawyers have held leadership positions with Carmel
Bac
h Festival, Carmel Bach Festival Foundation, Hartnell
Community Colleg
e, Hartnell College Foundation,

Calif
ornia State University Monterey Bay (Planned Giving A
dvisory Committee) and University of California

Hastings Colleg
e of the Law.

NHEH Brochure CXX #04749.indd 8-9 11/9/20 7:49 AM
7 O U r c l i e n t S P r a c t i c e P r O f i l e
Contr act Termination
Litig
ation in State and Federal Courts on
Cons
truction Related Matters
CREDITORS RIGHTS &BANkRUPTCY
Contr act Preparation
Secur
ed Transactions
Br
each of Contract Claims
Contr
act Enforcement and Collection
Mec
hanics Liens, Stop Notices and Bond Claims
on Cons
truction Projects
Pr
ejudgment Remedies to Secure Payment
of Amounts Due
Loan R
estructuring
W
rits of Attachment and Possession
Bankr
uptcy
Enf
orcement of Judgments and Liens

LABOR &EMPLOYMENT
Wage and Hour Law
Discr
imination, Harassment and Retaliation
Em
ployment Related Claims Filed in State or
F
ederal Court or Government Agencies
Go
vernment Agency Investigations
P
ersonnel Policies and Procedures
Hir
ing, Discipline and Termination
Em
ployment and Severance Agreements
U
nfair Labor Practice Charges
U
nion Contract Negotiations and Labor Relations
Land USe
S ubdivisions
L
ot-Line Adjustments
C
ertificates of Compliance
E
asements, Encroachments and Right of Ways
U
se Permits and Coastal Permits
A
nnexations
V
ariances
H
istoric Resources
He alt H c are
H
ealth Care for Women
Radiology Group of Santa Cruz County

HOMEOWNERS ASSOCIATIONS
Homeowners at Quail Lodge, Inc.

Las Palmas Homeowners Association
Pasadera Homeowners Association
Prominence at Las Palmas Ranch Homeowners Association
Salinas Valley Foothill Estates

HOSPITALITY
Coastal Hotel Group
Domenico’s on the Wharf
Inns of Monterey
Monterey Peninsula Country Club

NON-PROFIT
Carmel Valley Manor
CHISPA
Elkhorn Slough Foundation
The Foundation of CSUMB
Hospice Giving Foundation
Monterey Jazz Festival

REAL ESTATE, CONSTRUCTION,

AND LAND USE
Cornerstone Masonry
Hayward Lumber
JM Electric
Pacific Reconstruction
Partington Mutual Water Company
Property Restoration Services
Shaw Development
Yanks Air Museum
NHEH Brochure CXX #04749.indd 10-11 11/9/20 7:49 AM 8 P r a c t i c e P r O f i l e O U r c l i e n t S
W ater Rights and Water Systems
C
onstruction Permits
C
alifornia Environmental Quality Act (CEQA)
R
egulatory Compliance
Q
uiet Title Actions
P
artition Actions
L
and Owner Disputes
A
dministrative Hearings
ESTATE PLANNING
W ills
T
rusts (Revocable, Irrevocable, and Special Needs)
D
urable Powers of Attorney
A
dvance Health Care Directive
C
onservatorships
G
uardianships
M
edi-Cal Planning
E
state & Gift Tax Planning
l itigati On &a lternati Ve
d iSPUte r e SOl U ti O n
B usiness Disputes
R
eal Estate Disputes
E
asements and Quiet Title Actions
P
artition Actions
C
onstruction Litigation
C
reditors’ Rights
E
mployment Disputes
E
nvironmental Claims
T
rust and Estate Disputes
L
andlord/Tenant Disputes
I
nsurance Disputes
L
and Use and CEQA Litigation
P
ersonal Injury and Wrongful Death
A
rbitration and Mediation
A
ppeals
A
dministrative Hearings
OUr c lient S

OUR CLIENTS INCLUDE MANY OF CENTRAL CALIFORNIA’S LEADING AGRICULTURAL COMPANIES,

BANKS, MANUFACTURERS, CONSTRUCTION COMPANIES,

HEALTH CARE P ROVIDERS, REAL ESTATE BUSINESSES, NON-

PROFIT ORGANIZATIONS, AND HOSPITALITY INDUSTRY
COMPANIES AND ORGANIZATIONS. THESE ARE SOME OF
THE COMPANIES WE HAVE THE HONOR TO SERVE:
agric Ul t Ur al
A
ndrew Smith Company
Duda Farm Fresh Foods
Fanciful Company
Growers Express
King Fresh Produce
Ocean Mist Farms
Pacific Gold Farms
Pacific International Marketing
Quality Farm Labor
Rio Farms, LLC
Seed Dynamics
The Growers Company
Valley Farm Management, Inc.

Vegetable Growers Supply Co.
e
d Uc
ati On
al
A
ll Saints Day School
California State University Monterey Bay
Monterey Bay Aquarium Research Institute

g
eneral
BUSi
ne S
S
Articulate Solutions, Inc.

Associated Rebar, Inc.

Central Coast Federal Credit Union
Green & Jespersen
Hayashi Wayland
Pacific Gas and Electric Company
Salinas Lincoln-Mercury
Wells Fargo Bank
NHEH Brochure CXX #04749.indd 12-13 11/9/20 7:49 AM 9 W H a t W e V a l U e P r a c t i c e P r O f i l e PUBl ic a gencie S
S tatutory Compliance
G
overnance
O
pen Meetings Law (“Brown Act”)
P
ublic Record Act Issues
P
olitical Practices and Ethical

Compliance Requirements
E
mployee Relations
C
ontracting
E
nvironmental Compliance
W
ater Law
r eal e St ate
Pur chase and Sale Transactions
T
ax Deferred Exchanges
Mor
tgages and Foreclosures
Commer
cial, Residential and Agricultural Leasing
W
ater Rights
Easement and Right of W
ay Issues
Co
venants, Conditions and Restrictions
Homeo
wner Association Matters
F
inancing and Title Issues
Pr
operty Tax Appeals and Assessments
W
illiamson Act Matters
His
toric Property Issues
P
artition Actions
Quie
t Title Actions
Pr
operty Disputes
R
egulatory Compliance
We Val U e OU r cl OS e WO r K ing
rel
ati
O
n
SH
i

PS W
it

H OU
r
client S.
c lient Sa ti S facti O n i S MOS t i
MPO
rtant

t O US,
and
W
e

are

c OMM
itted

t O
re
SPO
nding

t O OU
r

client S’
need
S.

We Stri V e t O P r O V ide SOU nd and
P
ractical

legal

ad V
ice
,
a
S W
ell

a
S
creati
V
e

and

c OS
t -
effecti
V
e

SO
l U
ti
O
n
S
t O
t
H
e

c H
allenge
S
c O
nfr O
nting
OU
r

client S. OUr
de
P
t
H O
f
P
ractice

and

di
V
er
S
ity
O
f

e
XP
erience
P
r O
V
ide
OU
r

client S
a

c OMP
lete

range
O
f
H
ig
H QUalit
y

leg
al

re
P
re
S
entati
O
n .

California Poppies and Sky Lupine off Highway 101
Renowned Big Sur Coastline, with view of Bixby Bridge
Overlooking Salinas Valley Fields from River Road
PHOTOGRAPHY - VECTOR POINT , SALINAS
NHEH Brochure CXX #04749.indd 14-15 11/9/20 7:49 AM 10 O U r a t t O r n e y S O U r a t t O r n e y S
OUr a tt O rney S
STEPHEN W. PEARSON
P OMONA COLLEGE (A.B., 1966);
U NIVERSITY OF SUSSEX, ENGLAND (M.A., 1968);
H ASTINGS COLLEGE OF THE LAW (J.D., 1970)

ANNE SECkER
N ORTHERN ILLINOIS UNIVERSITY (B.A., CUM LAUDE 1977);
U NIVERSITY OF ILLINOIS (J.D., 1980)

RANDY MEYENBERG
U NIVERSITY OF CALIFORNIA, SANTA BARBARA
(B.A., HIGH HONORS, 1985);
S ANTA CLARA UNIVERSITY SCHOOL OF LAW
(J.D., MAGNA CUM LAUDE, 1989)

MICHAEL MASUDA
U NIVERSITY OF NORTH DAkOTA (B.A., 1978);
U NIVERSITY OF NORTH DAkOTA (J.D., WITH DISTINCTION, 1981); U NIVERSITY OF CALIFORNIA, BERkELEY (M.A., 1984)

CHRISTINE G. kEMP
U NIVERSITY OF CALIFORNIA, SANTA CRUz (A.B., WITH HONORS, 1973); M ONTEREY COLLEGE OF LAW (J.D., 1988)

TIMOTHY J. BALDWIN
U NIVERSITY OF ARIzONA (B.S., 1994);
U NIVERSITY OF THE PACIFIC, MCGEORGE SCHOOL OF LAW
(J.D., WITH DISTINCTION, 2002)

CHARLES DES ROCHES
M ONTEREY COLLEGE OF LAW (J.D., 2000);
G OLDEN GATE UNIVERSITY OF LAW, (LL.M. t ax ation, 2016)

ROBERT D. SIMPSON
B RIGHAM YOUNG UNIVERSITY (B.A., 2005);
U NIVERSITY OF NEV ADA LAS VEGAS, WILLIAM S. BOYD
S CHOOL OF LAW (J.D., 2007)

ANA C. TOLEDO
U NIVERSITY OF CALIFORNIA, LOS ANGELES (B.A., 1994);
P RINCETON THEOLOGICAL SEMINARY (M. DIV., 2000);
S ANTA CLARA UNIVERSITY SCHOOL OF LAW (J.D., 2006)

LESLIE E. FINNEGAN
U NIVERSITY OF DELAW ARE (B.A., 1983);
H ASTINGS COLLEGE OF THE LAW (J.D., 1988)

LINDSEY BERG-JAMES
U NIVERSITY OF CALIFORNIA, BERkELEY (B.A., WITH HONORS, 2007); H ASTINGS COLLEGE OF THE LAW (J.D., MAGNA CUM LAUDE, 2012)

ANNE FRASSETTO OLSEN
U NIVERSITY OF CALIFORNIA, SANTA BARBARA
(B.A., MAGNA CUM LAUDE, 1977);
U NIVERSITY OF CALIFORNIA, DAVIS, SCHOOL OF LAW, (J.D., 1981)

HEIDI A. QUINN
S AN DIEGO STATE UNIVERSITY (B.A., 1988);
S ANTA CLARA UNIVERSITY SCHOOL OF LAW (J.D., 1995)

SHARILYN R. PAYNE
U NIVERSITY OF CALIFORNIA LOS ANGELES (B.A., 1983)
M ONTEREY INSTITUTE OF INTERNATIONAL STUDIES (M.A., 1988) H ASTINGS COLLEGE OF THE LAW (J.D., 1999)

DANNY LITTLE
U NIVERSITY OF TEXAS AT AUSTIN (B.B.A., 2011);
U NIVERSITY OF TEXAS SCHOOL OF LAW (J.D., 2015)

JACOB F. (JAkE) WEEkS
U NIVERSITY OF CALIFORNIA SANTA BARBARA (B.A., WITH HONORS, 2016); U NIVERSITY OF VIRGINIA SCHOOL OF LAW (J.D., 2021)

WILLIAM H. SHEARER
U NIVERSITY OF CALIFORNIA SANTA BARBARA (B.S., 2016)
P EPPERDINE UNIVERSITY, CARUSO SCHOOL OF LAW (J.D., 2019) HARRY L. NOLAND
(1904 – 1991)

PAUL M. HAMERLY
(1920 – 2000)

MYRON E. ETIENNE, JR.
(1924 – 2016)

PETER T. HOSS
(1934 – 2018)

NHEH Brochure #12637.indd 16-17 5/12/22 10:52 AM
11 O U r a t t O r n e y S O U r a t t O r n e y S
OUr a tt O rney S
STEPHEN W. PEARSON
P OMONA COLLEGE (A.B., 1966);
U NIVERSITY OF SUSSEX, ENGLAND (M.A., 1968);
H ASTINGS COLLEGE OF THE LAW (J.D., 1970)