Agenda — Marina City Council, July 19, 2022

AGENDA

Tuesday, July 19, 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 2022-78, 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 a t 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, July 19, 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. Labor Negotiations
i. Marina Employee Association
ii. Marina Professional Fire Fighters Association
City Negotiators: Layne P. Long, City Manager and Employee Relations Officer b. Conference with Le gal Coun sel, Potential litigation, exposure to litiga tion per: “Conference with Legal Counsel – anticipated litigation, significant exposure to litigation pursuant to paragraph (2) (d) of CA Govt. Code s ec. 54956.9 – One potential case
c. Real Property Negotiation
i. Property: Commercial property at southeast corner of Del Monte Blvd. and Palm Avenue (APN 032-303-038) and residential property at Hayes Circle and 3rd Avenue (APN 032-303-039, a portion)
Negotiating Party: George Powell
Negotiator(s): City Manager
Terms: Price and Terms
6:30 PM - RECONVENE OPEN SESSION AND REPORT ON ANY ACTIONS TAKEN I N

CLOSED SESSION

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

Agenda for City Council Meeting of Tuesday, July 19, 2022 Page 3

5. SPECIAL PRESENTATIONS:
a National Night Out Proclamation
b Tahra Goraya, Monterey Bay Economic Partnership

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 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 r eferred to st aff and/o r pla ced on a futu re agenda. C ity Co uncil members or City staff may briefly respond to stat ements made or que stions posed as permitted by Government C ode Section 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.

7. CONSENT AGENDA FOR THE SUCCESSOR AGENCY TO THE FO RMER MARINA REDEVELOPMENT AGENCY: Background information has been provided to the Successor Agency of the former Redevelopment Agency on all matters listed under the Consent Agenda, and these it ems 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 ite m and s taff w ill provide a response. If discussi on or a lengthy explanation is requ ired, that it em 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 be en provided to the City Council, Airport Commission, Marina Abrams B Non-Profit Corporation, and Redevelopment Agency on all matters listed under the Consent A genda, and these items are considered to be routi ne. All items under the Consent Agenda are normally approved by one motion. Prior to such a motion being made, any member of the public or the City Council may ask a question or make a comment about an agenda item and staff will provide a response. If di scussion or a lengthy ex planation is required, that item will be removed from the Consent Agenda and placed at the end of Other Action Items. a. ACCOUNTS PAYABLE:
(1) Accounts Payable EFT’s & Check Numbers 100268-100348, totaling $1,454,575.26 Accounts Payable for Successor Agency Check Number 90, totaling $2,380.00 b. MINUTES:
(1) June 21, 2022, Regular City Council Meeting
(2) July 6, 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. 2022 -, regarding the Ralph M.

Brown Act (California Go vernment Code §§54950 -54963, making c ertain findings; and authorizing th e city to continue to i mplement remote teleconferenced public meetings of the City Council and its constituent bodies for the period July 22, 2022, through August 20, 2022.

Agenda for City Council Meeting of Tuesday, July 19, 2022 Page 4

g. APPROVAL OF AGREEMENTS:
(1) City Council c onsider adopting Re solution No. 2022 -, approving Public Improvement Agreements for the Terracina Project at the Dunes – Sites 1 & 2 between the City of Marina and USA Properties Fund, Inc., and; authorizing the City Manager to execute the Public Improvement Agreements on behalf of the City subject to final review and approval by the City Attorney. (2) City Council consider adopting Resolution No. 2022-, approving a contract with Rincon Consulting and Veronica Tam to pr ovide urban planning servic es to complete the Sixth Cycle Housing Eleme nt for an amount not to exceed $300,000; and authorize the Finance Director to make necessary accounting and budgetary ent ries, and authorize the City Mana ger to execute a contract amendment on behalf of City with Rincon Consulting subject to final review by the City Attorney.
(3) City C ouncil co nsider a dopting Res olution No . 2022-, approving the Animal Services Agreement bet ween the City of M arina and the County of Monterey; and authorize Animal Services Agreement with the County o f Monterey effective 07/01/2022 through 06/30/2024.
h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
i. MAPS:
j. REPORTS: (RECEIVE AND FILE): None
k. FUNDING & BUDGET MATTERS: None
l. APPROVE ORDINANCES (WAIVE SECOND READING):
(1) City Cou ncil consider adopting O rdinance No. 2022-, approving Amendments to Title 17 of the Municipal Code by adding Sections 17.45. (2) City Council consider a dopting O rdinance No. 2 022-, approving Amending Chapter 17, Article 5, by adding a new section 17.49, “ Low-barrier Navigation Center”, to the Marina Municipal Code.
m. APPROVE APPOINTMENTS: None

10. OTHER ACTIONS ITE MS OF THE SUCC ESSOR A GENCY 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.

Agenda for City Council Meeting of Tuesday, July 19, 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 p rograms should be undertaken without r eview of the im pacts on existing priorities (Resolution No. 2006-79 – April 4, 2006).

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 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 corn er of Reservation Road and Del Monte Boulevard on or before 6:30 p.m., Friday, July 15, 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 the City Clerk and kept f or 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 night and at 1 2:30 p.m. a nd 3:00 p.m. on Cable 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 a nd st aff 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.

Supplemental ma terials r eceived after the close of the f inal agenda and through no on 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 email 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.

Agenda for City Council Meeting of Tuesday, July 19, 2022 Page 6

U p c o m i n g 20 2 2 M e e t i n g s o f t h e C i t y C o u n c i l , A i r p o r t C om 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 ra tio 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 it 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 l a r O p e n S e s s i o n s

Tuesday, August 2, 2022
Tuesday, August 16, 2022

Tuesday, July 19, 2022

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

*Wednesday, September 7, 2022
**Thursday, October 6, 2022
Tuesday, October 18, 2022

Tuesday, September 20, 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)

Labor Day ------------------------------------------------------------- Monday, September 5, 2022 Veterans Day ---------------------------------------------------------- Friday, November 11, 2022 Thanksgiving Day ------------------------------------------------ Thursday, November 24, 2022 Thanksgiving Break -------------------------------------------------- Friday, November 25, 2022 Winter Break ------------------------ Friday, December 23, 2022-Friday, December 30, 2022 __ ___ __ _ _ _______ __ _ ___

2022 COMMISSION DATES

Up 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 rd 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)

Agenda for City Council Meeting of Tuesday, July 19, 2022 Page 7

Upc o m i n g 20 22 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.

July14, 2022 August 8, 2022 October 13, 2022
July 28, 2022 August 22, 2022 October 27, 2022
September 8, 2022 November 10, 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 of 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 om 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

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

July 13, 2022 October 12, 2022

Bank Account: 905 - Chase - Checking
Check 07/08/2022 100268 Accounts Payable Ace Hardware 8.72 Invoice Date Description Amount.
082372 06/24/2022 Peak Mini Lamp 8.72
Check 07/08/2022 100269 Accounts Payable Ace Hardware 284.97 Invoice Date Description Amount.
082402 06/28/2022 PD Charges 50.21
082401 06/28/2022 PD Charges 203.10
082381 06/25/2022 PD Charges 31.66
Check 07/08/2022 100270 Accounts Payable Ace Hardware 57.05 Invoice Date Description Amount.
082349 06/22/2022 Paint Supplies 27.49
082386 06/27/2022 V.D. Park 9.91
082391 06/27/2022 Shop Supplies 19.65
Check 07/08/2022 100271 Accounts Payable American Supply Co. 2,103.17 Invoice Date Description Amount.
0169750 06/27/2022 Shop Supplies 2,103.17
Check 07/08/2022 100272 Accounts Payable AMBAG 4,566.00 Invoice Date Description Amount.
4237 07/01/2022 FY 2022-2023 Member Jurisdiction Dues 4,566.00 Check 07/08/2022 100273 Accounts Payable AT & T 355.61
Invoice Date Description Amount.
000018399041 06/28/2022 CALNET3-9391023441 (384-0888) 43.18 000018399047 06/28/2022 AWOS 24.54
000018399042 06/28/2022 Fire Alarm Hgr 524/533 43.18
000018399035 06/30/2022 CALNET3-9391023437 (384-0425) 41.80 000018399038 06/30/2022 CALNET3-9391023440 (384-0860) 22.44 000018399039 06/30/2022 CALNET3-9391023441 (384-0888) 22.43 000018399063 06/30/2022 CALNET3-9391023463 (384-7854) 22.43 000018399066 06/30/2022 CALNET3-9391023466 (384-8477) 43.18 000018399068 06/30/2022 CALNET3-9391023468 (384-9148) 22.48 Marina, CA LIVE
AP Check Register 07.08.2022
Bank Account: 905 - Chase - Checking
Batch Date: 07/08/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Accounts Payable Pages: 1 of 9 7/7/2022 1:39:58 PM Agenda Item: 8a
1 000018394299 06/30/2022 CALNET3-9391023471 (582-0100) 47.52 000018394305 06/30/2022 CALNET3-9391023477 (582-9803) 22.43 Check 07/08/2022 100274 Accounts Payable CALED 570.00
Invoice Date Description Amount.
300004023 05/24/2022 Membership Renewal - July 2022-June 2023 570.00 Check 07/08/2022 100275 Accounts Payable Carmel Fire Protection Associates 200.00 Invoice Date Description Amount.
122258 06/27/2022 Plan review and inspection for Aurengzeb Project, 3007 Tyndall 200.00 Check 07/08/2022 100276 Accounts Payable Certified Folder Display Service, Inc. 662.14 Invoice Date Description Amount.
595176 06/22/2022 Distribution of Restaurant Guides 331.07 595750 07/01/2022 Distribution of Restaurant Guides - August 2022 331.07 Check 07/08/2022 100277 Accounts Payable Coast Counties Glass, Inc 520.00 Invoice Date Description Amount.
05568 06/22/2022 Comm Center Window 520.00
Check 07/08/2022 100278 Accounts Payable Code Publishing Inc. 318.75 Invoice Date Description Amount.

GC0007936 06/30/2022 MMC - Web Update 318.75
Check 07/08/2022 100279 Accounts Payable Consolidated Electrical Distributors, Inc. 886.31 Invoice Date Description Amount.
4914-1013454 04/28/2022 LED Roadside Fixture 886.31
Check 07/08/2022 100280 Accounts Payable Custom Marine Covers 755.33 Invoice Date Description Amount.
6164 06/28/2022 Engine Hose Bed Cover 755.33
Check 07/08/2022 100281 Accounts Payable Dell Computers - c/o Dell USA LP 1,998.96 Invoice Date Description Amount.
10589691414 06/07/2022 Server Warranty Renewal - July 2022-June 2023 1,998.96 Check 07/08/2022 100282 Accounts Payable Dry Gear Solutions 8,438.41 Marina, CA LIVE
AP Check Register 07.08.2022
Bank Account: 905 - Chase - Checking
Batch Date: 07/08/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Accounts Payable Pages: 2 of 9 7/7/2022 1:39:58 PM 2 Invoice Date Description Amount.
2022-20 06/29/2022 Turnout Dryer with Anti Microbial Finish. 8,438.41 Check 07/08/2022 100283 Accounts Payable Emergency Vehicle Specialists 1,920.84 Invoice Date Description Amount.

PP22H0323-02 06/29/2022 Side rail and panel for 2022 Ford F-150 & 2020 Beach Rescue 1,920.84 Check 07/08/2022 100284 Accounts Payable Fastenal Company 270.20 Invoice Date Description Amount.

CASAL153258 06/10/2022 Shop Supplies 90.07
CASAL153444 06/21/2022 Shop Supplies 180.13
Check 07/08/2022 100285 Accounts Payable First Alarm 889.71 Invoice Date Description Amount.
687017 06/15/2022 Alarm Monitoring - Council Chambers - July-Sept. 2022 118.02 687018 06/15/2022 Alarm Monitoring - 209 Cypress Ave - July-Sept 2022 131.43 687077 06/15/2022 Alarm Monitoring - 304 Hillcrest Ave - July-Sept 2022 640.26 Check 07/08/2022 100286 Accounts Payable Gavilan Pest Control 1,565.00 Invoice Date Description Amount.
0146577 06/10/2022 Locke Paddon Park 80.00
0146646 06/10/2022 Preston Park/Squirrels 180.00
0146578 06/10/2022 Shoemaker Pond 80.00
0146313 06/14/2022 781 Neeson Road/Airport Bldg 520 Squirrels 1,150.00 0146314 06/14/2022 781 Neeson Road/Airport Bldg 520 Rodents 75.00 Check 07/08/2022 100287 Accounts Payable Goldfarb & Lipman 11,232.00 Invoice Date Description Amount.
145612 06/28/2022 General File - May 2022 2,304.00
145613 06/28/2022 The Dunes - May 2022 8,928.00
Check 07/08/2022 100288 Accounts Payable Tina Glass 1,900.00 Invoice Date Description Amount.
337 06/17/2022 CPR Instructor Class - for Goncalves, Alvarenga, Smith & Suich 1,900.00 Check 07/08/2022 100289 Accounts Payable Interstate Battery 154.90 Invoice Date Description Amount
Marina, CA LIVE
AP Check Register 07.08.2022
Bank Account: 905 - Chase - Checking
Batch Date: 07/08/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Accounts Payable Pages: 3 of 9 7/7/2022 1:39:58 PM 3 .
120122303 06/30/2022 Unit 596 Battery 154.90
Check 07/08/2022 100290 Accounts Payable Kelly-Moore Paint Co.,Inc 13.65 Invoice Date Description Amount.
802-00000829583 06/24/2022 Paint Supplies 13.65
Check 07/08/2022 100291 Accounts Payable Kimley-Horn & Associates 3,353.85 Invoice Date Description Amount.
097789008-0222 02/28/2022 Imjin Parkway Widening Project PS&E 3,353.85 Check 07/08/2022 100292 Accounts Payable Liebert Cassidy Whitmore 10,543.00 Invoice Date Description Amount.
220043 05/31/2022 LCW - Professional Services 981.00
220040 05/31/2022 LCW - Professional Services 1,349.00
220044 05/31/2022 LCW - Professional Services 651.00
220045 05/31/2022 LCW - Professional Services 1,394.00
220047 05/31/2022 LCW - Professional Services 4,980.00
220048 05/31/2022 LCW - Professional Services 1,188.00
Check 07/08/2022 100293 Accounts Payable Mandell Municipal Counseling 87.00 Invoice Date Description Amount.
06-01-22 06/01/2022 Professional Services - Revenue Advice 87.00 Check 07/08/2022 100294 Accounts Payable Marina Coast Water District 7,554.10 Invoice Date Description Amount.
000056016 061722 06/17/2022 Reserv Rd & Seacrest Ave-Next to Fire Hyd 36.77 000056019 061722 06/17/2022 211 Hillcrest Ave 1,022.98
000056020 061722 06/17/2022 304 Hillcrest Ave 118.32
000056024 061722 06/17/2022 Del Monte/Palm 89.02
000056021 061722 06/17/2022 Reservation Rd/By 290-308 Reservation 36.77 000056017 061722 06/17/2022 208-A Palm Ave 80.86
000056018 061722 06/17/2022 208 Palm Ave 264.77
000056001 061722 06/17/2022 209-13 Cypress Ave 102.85
000056045 062322 06/23/2022 3100 Preston Drive 4,436.43 000056046 062322 06/23/2022 3100 Preston Drive 150.82
000056094 062322 06/23/2022 2660 5th Ave 426.66
Marina, CA LIVE
AP Check Register 07.08.2022
Bank Account: 905 - Chase - Checking
Batch Date: 07/08/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Accounts Payable Pages: 4 of 9 7/7/2022 1:39:58 PM 4 000056022 061722 06/17/2022 Reservation/Marina Auto Stereo/Irrigation 36.77 012016000 062322 06/23/2022 199 A Paddon Place 36.77
000056028 062322 06/23/2022 California at Jerry Court 36.77 000056006 062322 06/23/2022 188 Seaside Circle 123.40
000056090 062322 06/23/2022 Locke Paddon Park 60.52
000056040 062322 06/23/2022 Hilo Ave 27.26
000056042 062322 06/23/2022 3040 Lake Drive 89.02
000056061 062322 06/23/2022 Reservation/Locke Paddon Park 93.37 000056007 061722 06/17/2022 Calif Ave/North of 3rd 89.02 000056005 061722 06/17/2022 Calif & North Patton Parkway 89.02 000056027 061722 06/17/2022 Calif Ave at Reindollar 36.77 000056025 061722 06/17/2022 327 Reindollar Ave 69.16
Check 07/08/2022 100295 Accounts Payable Martin's Irrigation Supply 2,958.27 Invoice Date Description Amount.
613686 06/21/2022 VD Backflow 1,740.96
613777 06/22/2022 VD Backflow 1,217.31
Check 07/08/2022 100296 Accounts Payable Monterey Bay Economic Partnership 5,000.00 Invoice Date Description Amount.
2227 07/01/2022 2022-2023 MBEP Membership 5,000.00
Check 07/08/2022 100297 Accounts Payable Monterey County Auditor-Controller 25,988.24 Invoice Date Description Amount.
22-116/FY 22-23 06/13/2022 LAFCO Budget Allocation - FY 2022-2023 25,988.24 Check 07/08/2022 100298 Accounts Payable Monterey County Department of Public Works
1,286.26
Invoice Date Description Amount.
19-MARINA Q3 05/31/2022 Blanco & Reservation Maint & Electric Cost 317.85 19-MARINA Q4 05/31/2022 Blanco & Reservation Maint & Electric Cost 275.41 20-MARINA Q1 06/29/2022 Blanco & Reservation Maint & Electric Cost 265.98 20-MARINA Q2 06/29/2022 Blanco & Reservation Maint & Electric Cost 427.02 Check 07/08/2022 100299 Accounts Payable Monterey P. Regional Special Response Unit
5,000.00
Invoice Date Description Amount
.

Marina, CA LIVE
AP Check Register 07.08.2022
Bank Account: 905 - Chase - Checking
Batch Date: 07/08/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Accounts Payable Pages: 5 of 9 7/7/2022 1:39:58 PM 5 43 07/06/2022 SRU Yearly Contribution (FY 2022 - 2023) 5,000.00 Check 07/08/2022 100300 Accounts Payable Monterey Regional Waste Management District

73.08 Invoice Date Description Amount.
3630864 06/30/2022 Perc Ponds 44.10
3631224 06/30/2022 City Perc Ponds 28.98
Check 07/08/2022 100301 Accounts Payable Monterey Tire Service 166.88 Invoice Date Description Amount.
1-106983 06/27/2022 17 Chevy Caprice PD 166.88
Check 07/08/2022 100302 Accounts Payable Motorola Solutions, Inc. 22,093.90 Invoice Date Description Amount.
16183884 06/29/2022 Charger Kit with Multiplexer 2,109.38 16183881 06/23/2022 Radio #1 - APX8500 All Band HP Mobile 9,992.26 16183903 06/24/2022 Radio #2 - APX8500 All Band HP Mobile 9,992.26 Check 07/08/2022 100303 Accounts Payable Myers Stevens & Toohey Co 1,826.00 Invoice Date Description Amount.
1379614 04/08/2022 Insurance coverage for Reserve Firefighters 1,826.00 Check 07/08/2022 100304 Accounts Payable MyFleetCenter - Wisconsin Quick Lube 96.21 Invoice Date Description Amount.
36763038 06/27/2022 CSO Vehicle Maint 878 96.21
Check 07/08/2022 100305 Accounts Payable Newton Bros. Tire & Auto 2,700.63 Invoice Date Description Amount.
433774 06/30/2022 15 Chevrolet/Caprice Police Unit 896 2,700.63 Check 07/08/2022 100306 Accounts Payable Office Depot 1,675.03 Invoice Date Description Amount.
247204865001 06/14/2022 Office Supplies 10.34
247204865002 06/17/2022 Office Supplies 25.70
248765631001 06/16/2022 Office Supplies 42.59
248766542001 06/16/2022 Office Supplies 44.64
239210571001 04/22/2022 Office Supplies 473.66
Marina, CA LIVE
AP Check Register 07.08.2022
Bank Account: 905 - Chase - Checking
Batch Date: 07/08/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Accounts Payable Pages: 6 of 9 7/7/2022 1:39:58 PM 6 251427412001 06/24/2022 Office Supplies 947.33
252015391001 06/23/2022 Office Supplies 113.61
252015614001 06/22/2022 Office Supplies 17.16
Check 07/08/2022 100307 Accounts Payable Online Solutions LLC 30,000.00 Invoice Date Description Amount.
4683 06/10/2022 Annual billing (25 user subscriptions) 30,000.00 Check 07/08/2022 100308 Accounts Payable Pacific Gas & Electric 907.94 Invoice Date Description Amount.
06-10-22 06/10/2022 Acct #2652040767-2 72.68
683-2 June2022 06/30/2022 PG&E 6217294683-2 835.26
Check 07/08/2022 100309 Accounts Payable Pinnacle Healthcare 202.00 Invoice Date Description Amount.
368120 06/24/2022 Pinnacle Healthcare - Pre Emp Px 202.00 Check 07/08/2022 100310 Accounts Payable Save The Whales 65,907.54 Invoice Date Description Amount.
1A/Year 9 06/30/2022 Storm Water Program NPDES (11/1/21-5/30/22) 65,907.54 Check 07/08/2022 100311 Accounts Payable Sierra Springs & Alhambra 64.40 Invoice Date Description Amount.
9696351 060422 06/04/2022 2660 5th Ave Corp Yard 64.40
Check 07/08/2022 100312 Accounts Payable South Coast Emergency Vehicle Service 21.94 Invoice Date Description Amount.
508494-1 06/13/2022 Fire Department Turn Signal 21.94
Check 07/08/2022 100313 Accounts Payable Taygeta Scientific, Inc. 9,988.82 Invoice Date Description Amount.
000503-R-0003 06/08/2022 Avast Endpoint 1 year renewal 4,938.06 000891 06/14/2022 SonicWall NSA 3600 Renewal - FY 2022-2023 2,574.96 000708-R-0016 07/01/2022 Barracuda Spam Firewall - July 2022 475.80 000423-R-0043 07/01/2022 Computer Network Defense - July 2022 2,000.00 Check 07/08/2022 100314 Accounts Payable TechRx Technology Services 14,635.37 Marina, CA LIVE
AP Check Register 07.08.2022
Bank Account: 905 - Chase - Checking
Batch Date: 07/08/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Accounts Payable Pages: 7 of 9 7/7/2022 1:39:58 PM 7 Invoice Date Description Amount.
10231 06/01/2022 Veeam Virtual Backup Monthly Subscription - July 2022 380.00 10224 07/01/2022 Ninite Monthly Subscription - July 2022 112.50 10249 06/30/2022 IT Support - June 2022 8,160.00
10191 06/01/2022 HP Elite Desk Mini-PC & Display port to HDMI 4,482.42 10061 04/27/2022 USB over Ethernet 43.70
10206 06/30/2022 Brian's new computer 1,456.75
Check 07/08/2022 100315 Accounts Payable Tri County Fire Protection 157.00 Invoice Date Description Amount.

HP 58687 06/23/2022 Serviced fire extinguishers at Station 2 157.00 Check 07/08/2022 100316 Accounts Payable U.S. Bank Equipment Finance 236.12 Invoice Date Description Amount.
476025655 06/28/2022 CDD Copier Lease Payment + Later Charges 236.12 Check 07/08/2022 100317 Accounts Payable Verizon Wireless 2,586.27 Invoice Date Description Amount.
9909083358 06/18/2022 June Charges - Acct 272493672-00001 1,545.65 9909159172 06/18/2022 PW Verizon phone bill 051922-061822 636.64 9909672421 06/25/2022 FD Mobile Charges - May 26 - June 25, 2022 403.98 Check 07/08/2022 100318 Accounts Payable Wallace Group, Inc. 14,663.72 Invoice Date Description Amount.
56534 06/27/2022 Glorya Jean Tate Park Pump, Track & Restroom Improvements 5,919.34 56524 06/27/2022 Annual Resurfacing 936.00
56554 06/27/2022 MLK Sculpture CDs 5,550.38
56553 06/27/2022 Sea Haven City Park 2,127.50
56632 06/30/2022 Hayes Circle Two Lot Transfer 130.50
Check 07/08/2022 100319 Accounts Payable Premier Access Insurance 6,858.80 Invoice Date Description Amount.
07-01-22 07/01/2022 101 - Dental EE+1* 5,669.36
07-01-22. 07/01/2022 Dental Claim (07/2022) 1,189.44
Check 07/08/2022 100320 Accounts Payable Vision Service Plan 1,847.61 Marina, CA LIVE
AP Check Register 07.08.2022
Bank Account: 905 - Chase - Checking
Batch Date: 07/08/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Accounts Payable Pages: 8 of 9 7/7/2022 1:39:58 PM 8 Invoice Date Description Amount.
07-01-22 07/01/2022 103 - Vision EE* 1,848.42
07-01-22. 07/01/2022 VSP Adjustment (07/2022) (0.81)
EFT 07/08/2022 2396 Accounts Payable Richard B. Standridge 121042882 / 8312012522 3,420.00 Invoice Date Description Amount.
22-13 07/05/2022 R. Standridge Invoice #22-13 3,420.00
905 Chase - Checking Totals: Transactions: 54 $281,571.70 Checks: 53 $278,151.70
EFTs: 1 $3,420.00
Marina, CA LIVE
AP Check Register 07.08.2022
Bank Account: 905 - Chase - Checking
Batch Date: 07/08/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Accounts Payable Pages: 9 of 9 7/7/2022 1:39:58 PM 9 Marina, CA LIVE
AP Check Register 07/15/2022
Bank Account: 905 - Chase - Checking
Batch Date: 07/15/2022
Bank Account: 905 - Chase - Checking
Type Check # Invoice Number Payee Name InvoiceDate Description Sum of Sum of NetAmount Check Vendor 10927 - Ace Hardware - Fire Dept. Total 24.00 100321 Accounts Payables 82452 7/6/2022 Supplies 24.00
Check Vendor 10728 - Ace Hardware-Public Works Total 21.81 100322 Accounts Payables 82435 7/5/2022 PD Restroom 13.08 100322 Accounts Payables 82442 7/6/2022 City Hall Restroom 8.73 Check Vendor 10018 - Advantage Gear Total 1,127.20
100323 Accounts Payables 55215-1 7/6/2022 Uniform for RFF J. Dowining 950.98 100323 Accounts Payables 55216-1 7/6/2022 Uniform for RFF J. Dowining 176.22 Check Vendor 10027 - Alliant Insurance Services Total 50,722.00 100324 Accounts Payables 1960921 5/16/2022 Alliant Pollution Liability Insurance 1,504.00 100324 Accounts Payables 1974055 5/30/2022 Alliant - Crime Insurance (FY 22/23) 9,750.00 100324 Accounts Payables 1997638 6/22/2022 Alliant Property Insurance 5,506.00 100324 Accounts Payables 2003513 6/27/2022 Physical Damage Program (22/23 Premium) 33,962.00 Check Vendor 10034 - American Supply Co. Total 711.38 100325 Accounts Payables 2971891 7/5/2022 Airport Supplies 711.38 Check Vendor 10841 - Carmel Fire Protection Associates - Art Black Total 200.00 100326 Accounts Payables 122270 7/4/2022 Plan review and inspection at Home 2 Suites, 225 10th Street 200.00 Check Vendor 11477 - Cheryl Kent - DBA Fastrac Total 1,230.00 100327 Accounts Payables 2022-85 7/1/2022 Code Enfoecement Investigations 1,230.00 Check Vendor 10253 - George T. Powell Total 2,400.00
100328 Accounts Payables 7012022 7/1/2022 Parking for Police & Fire 2,400.00 Check Vendor 10268 - Harris & Associates Total 9,503.43 100329 Accounts Payables 53342 7/7/2022 Imjin Parkway Improvement Project 1,800.93 100329 Accounts Payables 53399 7/8/2022 Harris & Associates 7,702.50 Check Vendor 10375 - MBASIA-Monterey Bay Area Self Insurance Authority Total 15,502,325.72 100330 Accounts Payables 220701-7 7/1/2022 EAP/Worker's Comp/Prop/Liab. Premium Allocation 15,502,325.72 Check Vendor 10406 - Monterey Bay Systems Total 727.23 100331 Accounts Payables 423461 7/12/2022 Maintenance on a printer 175.00 100331 Accounts Payables 428113 7/11/2022 City Hall Copier Maintenance Contract 552.23 Check Vendor 10411 - Monterey County - Emergency Communications Total 1,275,197.00 100332 Accounts Payables 7/6/2022 7/6/2022 Monterey County Emergency Communication Quarter 1 Invoice 22/23 1,275,197.00 Check Vendor 10899 - Monterey County Animal Services Total 9,300.00 100333 Accounts Payables 5/17/2022 5/17/2022 3rd Qtr FY 2021-22 9,300.00 Check Vendor 10416 - Monterey County Petroleum-Sturdy Oil Co. Total 194,542.24 100334 Accounts Payables 26201A-IN 6/14/2022 Regular/Diesel Costs 114,516.00 100334 Accounts Payables 26275A-IN 6/29/2022 Regular Ethanol 80,026.24 Check Vendor 10427 - Monterey Regional Waste Management District Total 112.95 100335 Accounts Payables 3631613 7/1/2022 Perc Ponds 28.80 100335 Accounts Payables 3634923 7/7/2022 Perc Ponds 40.50 100335 Accounts Payables 3635006 7/7/2022 Perc Ponds 43.65 Check Vendor 11171 - Motorola Solutions, Inc. Total 302.64 100336 Accounts Payables 8281413028 7/8/2022 Antenna Stubby with WIFI/GNSS 302.64 Check Vendor 10437 - My Chevrolet Total 2,185.09
100337 Accounts Payables CVCS249721 7/1/2022 15 Chevrolet/Caprise Police 4 DR sdn 2,185.09 Check Vendor 10463 - Pacific Gas & Electric Total 34,625.20 100338 Accounts Payables 313-6.June22 7/12/2022 PG&E 6793435313-6 34,625.20 Check Vendor 10470 - Peninsula Welding & Medical Supply Total 102.50 100339 Accounts Payables 229857 7/1/2022 Oxygen Refill 102.50 Check Vendor 11721 - Ross Ladder Service - Michael A Ross Total 234.65 100340 Accounts Payables 805 7/6/2022 Ladder Testing 234.65 Check Vendor 11033 - Sara Steck Myers Total 16,320.00 100341 Accounts Payables 6/1/2022 6/1/2022 Professional Services - MPWSP - May 2022 9,870.00 100341 Accounts Payables 7/1/2022 7/1/2022 Professional Services - MPWSP - June 2022 6,450.00 Check Vendor 10540 - Sierra Springs & Alhambra Total 227.57 100342 Accounts Payables 7266038 061022 6/10/2022 Water Cooler Rental and Replacement Water 68.36 100342 Accounts Payables 7266038 070822 7/8/2022 Water Cooler Rental and Replacement Water 55.87 100342 Accounts Payables 9696351 070222 7/2/2022 2660 5th Ave Corp Yard 103.34 Check Vendor 10897 - TechRx Technology Services Total 8,177.39 100343 Accounts Payables 10189 6/30/2022 G. Persicone printer 505.61 100343 Accounts Payables 10209 6/30/2022 Chief, Det. Ball, Briefing and SFO PC Upgrades 7,671.78 Check Vendor 10824 - Traffic Safety Store - W.L. Snook & Associates Total 9,483.20 100344 Accounts Payables #INV903813 6/29/2022 Traffic Cones 9,483.20 10 Check Vendor 11717 - Universal Background Screening - Pluto Acquisition Total 12.00 100345 Accounts Payables 2.02206E+11 6/30/2022 Background - Credit Check 12.00 Check Vendor 11489 - Wallace Group, Inc. Total 444,810.54 100346 Accounts Payables 56620 6/28/2022 Program Management 403,017.42 100346 Accounts Payables 56677 7/1/2022 Airport Project Management 41,793.12 Check Vendor 10350 - Marina Employees Association Total 390.00 100347 Accounts Payables 7/8/2022 7/8/2022 24 - MEA Dues 390.00 Check Vendor 10359 - Marina Professional Fire Fighters Association Total 300.00 100348 Accounts Payables 7/8/2022 7/8/2022 35 - MPFFA Dues 300.00 Check Vendor 10315 - Keyser Marston Associates Total 2,380.00 90 Accounts Payables 36992 7/12/2022 Professional Services from June 1, 2022 to June 30, 2022 2,380.00 EFT Vendor 10357 - Marina Police Association-MPOA Total 250.00 EFT #2412 Accounts Payables 7/8/2022 7/8/2022 23 - MPOA Dues 250.00 EFT Vendor 10484 - Police Officers Association - POA Total 1,350.00 EFT #2413 Accounts Payables 7/8/2022 7/8/2022 25 - POA Dues 1,350.00 905 - Chase - Checking Totals: Transactions: 30
Checks: 28 $1,171,403.56
EFTs: 2 $1,600.00
11 Bank Account: 921 - Chase - Successor Agency
Check 07/15/2022 90 Accounts Payable Keyser Marston Associates 2,380.00 921 Chase - Successor Agency Totals: Transactions: 1 $2,380.00 Checks: 1 $2,380.00
Marina, CA LIVE
SA Check Register 7.15.2022
Bank Account: 921 - Chase - Successor Agency
Batch Date: 07/15/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Rogah Satof Pages: 1 of 1 7/14/2022 12:06:43 PM
12 Agenda Item: 8b(1)
City Council Meeting of
July 19, 2022

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/

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 Age ncy of the Former Redevelopment Agency Members and Ma rina Groundwater Sustainability Agency)
Cristina Medina Dirksen, David Burnett, Lisa Berkley, Mayor Pro -Tem/Vice Chair Kathy Biala, Mayor/Chair Bruce C. Delgado

Code Section 54957(b)(1) – City Manager
1 DRAFT MINUTES for City Council Meeting of Tuesday, June 21, 2022 Page 2

6:30 PM - RECONVENE OPEN SESSION AND REPORT ON ANY ACTIONS TAKEN I N

CLOSED SESSION
Robert Wellington, City Attorney reported out Closed Session: The matter that was taken up was a single item that's on the agenda of a performance evaluation of an unrepresented public employee, namely, the city manager the Council discussed that matter at length. There was substantial discussion, but no reportable action was taken

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

5. SPECIAL PRESENTATIONS:
a Civil Disobedience Day Proclamation
b Blue Zone Presentation

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 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 r eferred to staff and/o r pla ced on a futu re agenda. City Coun cil members or City staff may briefly respond to stat ements made or que stions 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.

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 t he 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. • Layne Long, C ity Manager – Provided two recreation announcements related to July 4 th events.

Spoke about the city issued a Certificate of Participation which essentially, is a bond for our 2022 Traffic Transportation Infrastructure here in the city for $11.5 million do llar that we will pledge our measure X money. We're getting a lump sum of cash up front that we're moving forward with a massive reconstruction of failing roads and getting all our roads up to the condition we want that process will happen over the next co uple of years . Announced that our August 2 nd Council meeting will be cancelled and rescheduled due to Public Safety Night Out taking place on August 2nd. Announced that the city has hired independent public opinion research firm will be sending out surveys to on a random basis to our citizens that to get feedback on key issues and identify priorities of the city and the community.
• Doug McCoun, Fire Chief – Announced Safe and Sane Fireworks will beg in to be sold starting June 28 th and took a m oment to t alk about the diffe rences between Safe and S ane and Il legal fireworks. Asked if somebody observes illegal fireworks being used and there's no injuries to call the non-emergency dispatch number 831-384-7575 and they will send out the app ropriate response for right non-emergency call. Spoke about the fin es: the first offenses $333 .92 cents. The second offense, which is $533 dollars, and a third is over a $1,000. 2 DRAFT MINUTES for City Council Meeting of Tuesday, June 21, 2022 Page 3

• Council M ember Medina Dirksen – Commented on that F riends of the Marina Library had a wonderful event the Dad's Read featuring Nick Kite. Spoke about the Marina Teen Ce nter membership and summer activities. Commented on Monterey County Gives program. Attended Seaside’s Juneteenth celebration . Spoke about Vete rans S tanddown event at the Monterey Fairground. Attended the Hospitality Associations luncheon on June 10th. • Council Member Berkley – Spoke about the warm weather and the effects it has on our pets.

Announced that at 4:00pm tomorrow will be an official Pride Flag raising ceremony at the flagpole at City Hall
• Mayor Delgado – Commented on the Police Chief Nieto’s November Sheriff runoff. Commented on the youth summer programs and Junior Giants and Marina Youth Soccer . Commented on the Pump Track groundbreaking and asked when the Pump track m ight be opened. Spoke about the Handcars that have started to show up for the summer an d asked for an updat e on the lease with TAMC. Announced there will be cleanup events happening in July. On July 3rd from 9:30 to 1230 along Salinas Avenue & Carmel Ave Road; on July 10 th at Salinas Avenue & Reservation Road from 9:30 -12:30. Commented on graffiti removal by retired Marina Police Comm ander Robert Nolan along some residential areas along Patton Parkway and our downtown area. • Mayor Pro Tem Biala – Asked City Manager to provide an upda te/memo on all the con struction projects going throughout the city in the meeting packet just to l et the public know what ’s going on.
• Mike Owen – Spoke re-engagement of city commissions and asked if the City Manager could place this on a future agenda in August.
• Brian McCarthy – Commented on the need for tobacco control and t he Blue Zone project and noted other cities banning flavored tobacco and vapes. Played a short video clip on “the filter” and smoker safety.
• Jeff Markham – Commented on the police department apprehending an individual who had stolen a bicycle and returning it to the ow ner; spo ke a bout a fire at Patton and how quick our fire department put it out.
• Tommy Bolea – Commented on buying locally but also having to travel outside of Marina due to items not being sold here or certain businesses not being here . Spoke about a virtual city and purchasing online. Commented on the developments taking place throughout the city.

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 consid ered to be routi ne. All items under the Consent Agenda are normally appro ved by one motion. Prior to such a mo tion being made, any member of the public or the City Council may ask a question or make a comment about an agenda item and staff will provide a response. If discussion or a lengthy explanation 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 100086 -100164, totaling $1,228,737.44 Accounts Payable for Successor Agency Check Numbers 89, totaling $2,970.00 b. MINUTES:
(1) May 17, 2022, Regular City Council Meeting
(2) June 7, 2022, Regular City Council Meeting
3 DRAFT MINUTES for City Council Meeting of Tuesday, June 21, 2022 Page 4

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. 2022 -78, regarding the Ralph M. B rown Act (Cal ifornia Go vernment Code §§54950 -54963, making c ertain findings; and authorizing the city to continue to i mplement rem ote teleconferenced public meetings of the City Council and its constituent bod ies for the period June 21, 2022, through July 30, 2022.
(2) City Council consider adopting Resolution No. 2022-79, authorizing release of a Re quest for Proposals for Consultant Ser vices to prepare a comprehensive General Plan Up date and accompanying zoning code and map updates , a nd appropriate CEQA r eview; and authori zing t he Fin ance 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. 2022-80, 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.
g. APPROVAL OF AGREEMENTS:
(1) City Council co nsider adopti ng Resolution No. 2022 -81, 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 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 adopti ng Resolution No. 2022-82, authorizing the City Manager to enter into a lease agreement with the Transportation Agenc y for Monterey County for segments of the Monterey Branch Line corridor between Marina and Sand C ity so long as the final lease does not si gnificantly alter the terms of the attached draft lea se; and subject to final review and approval by the City Attorney.
(3) City Council consider adopting Resolution No. 2022-83, 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 regulati ons, incorporating costs anticipated for fiscl y ear 2022-2023, authorizing the City Manager to ex ecute the amendment subject to final revie w 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:
4 DRAFT MINUTES for City Council Meeting of Tuesday, June 21, 2022 Page 5

(1) City Council Consider adop ting Resolution No. 2022-84, 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
Karen Andersen questioned if items 8g(1) and 8i(1) considered Sand Gilia? Council Member Medina Dirksen had questions for 8f(2). Asked how long do General Plans last? Are there plans for annexation of East Garrison?
Mayor Pro Tem Biala had a comment for 8f(2).

DELGADO/BIALA: TO APPROVE TH E CONSENT AGENDA. 5-0-0-0 Motion Passes by Roll Call Vote

9. PUBLIC HEARINGS:
a. City C ouncil open a p ublic 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 3r d Millennium Partners; and read by title only an d ap prove the first reading of Ordinance No. 2022-, approving the fir st amendment to the development agreement related to the Marina Station Project. Continued to July 19, 2022
Council Questions: Clarification on “project has the capacity”? did you mean water ? C larification, when you mentioned the v ernal Ponds testing, did you say it was limited to the city ? Will city be notified if testing will be done on t he vernal ponds? Are the developers frozen in time with 2 008 our rules and standards and are they exempt also from State laws, such as SB 9 or any others? If we were to pass our General Plan before this goes into effe ct would the developer still be in the 2008 mode to would they be exempt for the new standards? Will a traffic study be completed, and will it be done by the developer? Unlike The Dunes and Sea Haven, this property was never under FORA and had never been Government property , this was a pretty private land sale to now another private owner , correct? The affordable housing agreements are part of our general plan, and that's our only in o n this project that it's within the city's spirit influence , so they have to develop this according to this development agreement in our existing general plan, correct? Under the recitals of Exhibit A, #11, this development agreement there will be no othe r c ircumstances that would allow for modifi cation outside of these recitals, correct? With a possible recession coming giving them an extension to 203 6 would be sufficient buffer given what’s happened in the past, correct? This development agreement reads pretty much like the agreements we've had with th e Dune and Sa Haven projects, can we anticipate similar outcomes/issues that we ’ve ha d with the other two? What is the open-space acreage for the entire project? It is all open to the public? The conservation and easements would be part of the Sierra Club lawsuit that generated this outcome, correct? Can we ask in the amendment that the city receive copies of any monitoring and reports on the vernal ponds? If we do not grant an extension does this thi s project come to a halt ? Does a tentative map h ave an expiration date, or does it go forever? If we didn't approve the amendment , w hat would they do regarding the final tentative map? How many maps version are there? Why is it called Marine Station ? Where was this transit station to be located in the proje ct? So, if we wanted that area that's going to be redesigned as far as the uses residential 5 DRAFT MINUTES for City Council Meeting of Tuesday, June 21, 2022 Page 6

commercial retail and we approve everything tonight it seems like we lose a lot of leverage because we can't drastically alter what they propose to do ther e, correct? So, what we're seeing now has not been approved it hasn't been publicly digested , it’s a change from the marine station plan is that correct ? Can we see a digestible easy to understand map of t he approved park locations and distribution versus the current proposed post Sierra Club settlement distribution and locations of parks? What what's say will we have in the mix of for sale versus rental below market-rate? Has the planning Commission or the City Council ever digested and understood how the Sierra Club settlement agreement with the developers or the property owners back in 2008 impacted our vernal pools and what our give and take was? Have we ever, as a city understood and digested, how t hat settlement affected changed this project? When can we address evasive grass/weeds and the sand dunes ? Coastal access, with the plans today before us now, how do people get from Marina Station development, let's say residential to the coast to the roa d that goes under the highway across Lapis Road to the beach? Exhibit B, Section

2.4.7 Rent and Price Controls, last paragraph; if the city should pass a rent stabilization, or some form of rent control, it could never apply to this property , correct? Is the wording in that l ast paragraph negotiable? Are we limited to how many meeting s we can have between the Council and P lanning Commission to approve this? Is t here any rush that we have to address this, this evening? Is it possible to have the inclusionary homes built first?
Mayor opened the Public Hearing for Public Comments:
• Karen A ndersen – Commented on the developers ac cidently grading away environmentally sensitive plants and asked what are all of your plans to prevent this from happening with the vernal pools and anything else that's environmentally sensitive in this development? • Tommy Bolea – Asked if this was a Council meeting or a Planning Commission meeting due to the topics being discussed. Asked what is the percentage of renters in Marina? How many rentals will be included in this project? L ow income, low market housing agr eements were mentioned and asked how do those terms exactly work? Asked about the phasing of the development. • PK Diffenbaugh – Appreciates the level of scrutiny and review of that council is doing to ensure that this deve lopment is the right decision fo r the city of Marina . Shared perspective from the school perspective how difficult it is for our families and for our teachers to live on the Peninsula .

Shared the number o f current students who are ho meless and the need t o have affordable low- income housing. Spoke about the closing of 3 schools.
• Denise Turley – Asked to hear from Karen Tiedemann on the RHNA numbers and how this project will affect them.
• Jeffrey Markham – Asked Council to take time to rev iew this proj ect and not take any action tonight. There's a lot of stuff grandfathered into this and has been on the back burner for a lon g time and it's a complicated issue . Did not appreciate the tone the developer took with our City Council and our staff tonight.
• Paula Pelot – Commented on the different developments that have taken place over the last 25- years and the fact that new residents would like to have an input into future cha nges. Noted that with this amendment that now is the time to make changes and see if it conforms to the vision and the values of this city . You are within your rights, and it is your responsibility to ask these questions and to evaluate this project.
• Brian McCarthy – Would like to hear a more candid conversation from both the deve loper and the financial experts that might educate us on likely outcomes depending on if the economy does right or if the bottom falls out again like it did in 2 008. Asked for clarification on rent control provisions, little confusing. Questions council brought up are valid and should be discussed. 6 DRAFT MINUTES for City Council Meeting of Tuesday, June 21, 2022 Page 7

9:58 PM
DELGADO/MEDINA DIRKSEN: TO CONTINUE TO THIS ITEM AND AGENDA ITEM 11b. 5-0-0-0 Motion Passes by Roll Call Vote

Delgado/Burnett: that we con tinue this discussion and let staff decide on what they want to propose as far as the next step, whether it be a workshop or something like that where the public and the council can relax a little bit and discuss these items and questions that have come up ; and that co uncil will be given a chance to provide questio ns for that subsequent discussio n format.

Council discussed on whether this item can be continued to a subsequent meeting date and the Mayor modified his motion to continue this item to July 19, 2022.

Modified Motion
DELGADO/BURNETT: WE CONTINUE THIS MEETING AN D THE PUBLIC HEARING TO JULY 19, 2022, AND A LLOW STAFF TO PROPOSE UNTIL THEN, AND AT THAT

POINT, HOW WE'RE GOING TO ADDRESS TH E VARIOUS QUESTIONS AND I DEAS

THAT CAME UP TONIGHT, AND T HAT COUNCIL WI LL BE ENCOURAGED TO SEND

THEIR QUESTIONS INTO TO BE ABLE TO BE ADDRESSED BY THE DEVELOPER AND OUR STAFF. 5-0-0-0 Motion Passes by Roll Call Vote

10:35
BURNETT/BERKLEY: THAT WE CONTINUE TONIGHT UNTIL WE COVER THE PRIDE FLAG ISSUE (11b) AND THE POTENTIAL FUTURE CITY ATTORNEY ISSUE (11a). 5-0-0-0 Motion Passes by Roll Call Vote

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.

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 wit hout r eview of the im pacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). a. City Council consider adopting Resolution No. 2022-87, 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.

Council Questions: Given what you've seen in our city council meetings, are they fairly typical of other city council meetings?
BIALA/BERKLEY: TO A DOPT RESOLUTION NO. 2022 -87, A PPROVING AN

AGREEMENT WI TH NOLAND, HAMERLY, ETIENNE & H OSS TO PROVIDE 7 DRAFT MINUTES for City Council Meeting of Tuesday, June 21, 2022 Page 8

MUNICIPAL LEGAL SERVICES TO THE CITY OF MA RINA; AND APPROVE A WAIVER OF CONFLICT OF INTEREST AND CONSENT TO REPRESENT THE CITY OF MARINA;

AND AUTHORIZE THE CIT Y MANAGER TO EXECUTE THE AGREEMENT AND WAIVER. 5-0-0-0 Motion Passes by Roll Call Vote
Public Comments:
• Denise Turley – Spoke about Rob Wellington at one of the city ’s past council meetings. Indicated that the new interim city attorney, Heidi shouldn’t have to state what district she lives in. • Paula Pelot – Expressed her gratitude to Rob Wellington for all the work that he’s done over the years. Had a question about the waiver of the conflict of interes t with this firm representing Marina and Cal-Am Desal? How would that be handled in closed session with the attorneys of this new firm, who may be also representing the water district or the district?

b. City Co uncil cons ider adopt ing Resolution No. 202 2-85, adopting the City of Marina Flagpole Policy; and consider adopting Resolution No. 2022-86, approving the flying of the Rainbow Pride Fl ag at City H all throughout the remainder of the month of June 2022 as further recognition of June 2022 as L esbian, Gay, Bisexual, Transgender, Queer, Plus (LBGTQ+) Pride Month in the City of Marina.

Council Questions: Can we add into the policy “consistent, commemorative flag shall be displayed at city facilities”? Can we add to the motion the Pride Flag to be flown not just for the remainder of the June 2022, but to include that in it will be at and every year after that, for the duration of gay pride month? Can we include in motion to fly flag from June 22 -July22, since we’re starting late on raising this flag? Can we add additional language to the policy says and or when council deems appropriate? BERKLEY/MEDINA DIRKSEN: TO APPROVE RESO LUTION NO. 2022 -85, ADOPTING

THE CITY OF MARINA FLA GPOLE POLICY W ITH ADDING THE WORD “CONSISTENT” TO THE THIRD PARAGRAPH OF EXHIBIT A TO NOW READ “CONSISTENT COMMEMORATIVE FLAGS SHAL L BE DISPLAYED AT CITY FACILITIES”. 5-0-0-0 Motion Passes by Roll Call Vote
BERKLEY/BURNETT: TO A PPROVE RESOLUTION NO. 2022 -86, APPROVING THE

FLYING OF THE RAINBOW PRIDE FLAG AT CITY HALL THROUGHOUT THE REMAINDER OF THE MONTH OF JUNE 2022 THROUGH JULY 22, 2022; AND EVERY MONTH OF JUNE EACH YEAR THEREAFTER. 5-0-0-0 Motion Passes by Roll Call Vote

Public Comments:
• Liesbeth Visscher – Thanked everyone for working and this and looks forward to seeing those flags here in Marina.
• Brian McCarthy – This is a great step to show the rest of the city that we're an incredibly diverse city. Thinks this is a great start.

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.
8 DRAFT MINUTES for City Council Meeting of Tuesday, June 21, 2022 Page 9

12. COUNCIL & STAFF INFORMATIONAL REPORTS:
a. Monterey County Mayor’s Association [Mayor Bruce Delgado] b. Council and staff o pportunity 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: The meeting adjourned at 11:23 P.M.

Anita Sharp, Deputy City Clerk

ATTEST:

Bruce C. Delgado, Mayor
9 Agenda Item: 8b(2)
City Council Meeting of
July 19, 2022

MINUTES
Wednesday, July 6, 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 Government 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 determi ned in Resolution 2022-78, public participation in City of Marina City Council public meetings shall be electronic only and without a physical location for public pa rticipation 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 Televis ion Cable 25 a nd on t he City of Marina Channel and on the i nternet a t 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 Com munities Nonpr ofit Corporation, Successor Agency of the Former Redevelopment Agency Members and Ma rina Groundwater Sustainability Agency)
MEMBERS PRESENT: Cristina Medina Dirksen, David Burnett, Lisa Berkley , Mayor/Chair Bruce C. Delgado
MEMBERS ABSENT: Mayor Pro-Tem/Vice Chair Kathy Biala (Excused)

a. Conference with Legal Counsel – Potential litigation, exposure to litiga tion per: “Conference with Legal Counsel – anticipated litigation, significant exposure to litigation pursuant to paragraph (2) (d) of CA Govt. Code s ec. 54956.9 – Four potential cases
6:30 PM - RECONVENE OPEN SESSION AND REPORT ON ANY ACTIONS TAKEN I N

CLOSED SESSION
Heidi Quinn, Interim City Attorney reported out Closed Session: The Council met in closed session.

On 4 items of potential litigation. As to all matters, a status report was provided. Direction was given, but there was no reportable action was taken.

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

5. SPECIAL PRESENTATIONS:

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 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 pla ced on a futu re agenda. City Cou ncil members or City staff ma y briefly respond to statements made or que stions posed as permitted by Government Code Sec tion 54954.2. In order that all inte rested 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. • Frank Calamia – Spoke about wanting to expand the Marina Card Room over the last few years but was told there is no pl ace that is zoned for another cardroom and suggested out at the airport .

Heard a rumor now that there's an outside agency coming in and to op en up another card room and now concerned. Noted the amount of tax revenue the cardroom brings into the city and the donation made to local organizations. Stated the Gambling Control Commission and Bureau Gambling Control allowed Mortimer's card room license to be sold and does not think it's fair that an outside agency will come here and basically open up a card room and just start taking business away from all of us.
• Michael La Pier, Executive Director Monterey Regional Airport – Wanted to provide Council with an update of things happening at the Monterey Regional Airport . Added two non -stop flights to Dallas Fort Worth (American Airlines) and Denver (United Airlines). Were now exceeding our pre-pandemic levels, which means people are out traveling and our traffic levels are at are above 3 pandemic levels of 2019 and continue to grow . Spoke about their current budget and rese rve budget. Invited Council and staff out to the airport and its restaurant. • Mike Owen – Commented about the possible reengagement of the com missions. Commented on SB330 and its correct title.
• Council Member Medina Dirksen – Thanked Michael La Pier for his announcements. Commented on the 4 th of July and how both the polic e chief stepped up police presence . Spoke about her meeting with the S ea H aven res idents and hosting a table at the Farmer ’s Market to share information and fines a ssociated with illegal fireworks. Noted a local business, Element 7 purchased over $900 wo rth of the safe -n-sane fireworks and passed them out to the kids .

Announced Friends of the Marina Library e vent this Saturday, from 10:00am -Noon. On Saturday, June 16th we'll have a Hawaiian reggae concert, also at the Marina Library. 2 MINUTES for City Council Meeting of Wednesday, July 6, 2022 Page 3

• Mayor Delgado – Commented on the community meeting put together by Council Member Medina Dirksen to discuss July 4th. Thanked Marina Police for being present in the Sea Haven area. • Police Chief Nieto – Spoke about police office being on bicycles and patrol car on the 4 th. Wrote 14 citations for illegal fireworks between 8:00pm -10:00pm. My recommendation for next year is that we get an earlier start working with our communities, no matter what direction the city of Marina moves in. Thanked her staff and the Council Members who went out and talked to the community ahead of time to explain just how the process worked. • Fire Chief McCoun – Noted that the 4th of July was fortunately really quiet, and I appreciate all the efforts by Everybody here . Tha nked Council Member Medina Dirksen for inv iting us to the community meeting. Glad we were able to answer the questions of the community. Indicated that there was one fire on the 5th that was not association with fireworks. • Public Works Director McMinn – Thanked Ocean Rock church for displaying the flags once again on the 4th . Commented on the engineers moving forward with the designs on the sports center, aquatic center and outdoor sports pavilion out at t he Dunes Park; and they progress to the point where they're ready to reach out for public input on those facilities. Announced an Open House on July 19 th from 2:00pm -5:00pm at our city Council Ch ambers and then an other session from 5:00pm-6:00pm on July 20 th for those that can ’t make the day meeting and then we'll continue on July 20th after at starting at 6 o'clock we're going to get together as many of members of the Recreation and Cultural Services Commission and Public Risk Commission for a presentation from the consultant and get input on those projects themselves and then carr ying that forward to City Council sometime in August.
• Council Member Berkley – Commented on the Pride Flag flying at City Hall from June 22 -July 22 and the good turnout that came to raise the flag.

7. CONSENT AGENDA FOR THE SUCCESSOR AGENCY TO THE FO RMER MARINA REDEVELOPMENT AGENCY: Background information has been pr ovided to the S uccessor Agency of the former Redevelopment Agency on all matters listed under the Consent Agenda, and these ite ms are considered to be routi ne. Al l items under the Consent Agenda are 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 wi ll provide a response. If di scussion or a lengthy explanation is re quired, 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.

3 MINUTES for City Council Meeting of Wednesday, July 6, 2022 Page 4

c. CLAIMS AGAINST THE CITY:
(1) City Council Rejection of Claim - staff recommends that the City Council reject the f ollowing claim and direct sending appropriate notice of r ejection to claimant: Jennifer Geertsen for a claim received on June 22, 2022. d. AWARD OF BID: None
e. CALL FOR BIDS: None
f. ADOPTION OF RESOLUTIONS:
(1) City Council consider adopting Resolution No. 2022-88, confirming levy of the special tax for the City of Marina Community Facilities Distr ict No . 2015 -1 (The Dunes) for fiscal year 202 2-23 as authorized by Ordinance No. 2015-03; and Resolution No. 2022-89, certifying City of Marina compliance with State Law (P roposition 218) with respect to a special tax for the City of Marina Community Facilities District No. 2015-1 as authorized by Ordinance No. 2015- 03 for fiscal year 2022-23.
(2) City Co uncil consider adopting Resolution No . 2022 -90, approving the appointment of Council Member Cristina Medina Dirksen, as an alternate to the Monterey County Airport Land Use Commission (ALUC).
g. APPROVAL OF AGREEMENTS:
(1) City Council con sider adopting Resolution No. 2022-91, authorizing the City Manager, or his designee, to enter into a Standard Voluntary Agreement (SVA) with the California Department of Toxic Substance Control ( DTSC) and pay associated fees for the City Pa rk Barracks and Cy press Knolls Buildings Blight Removal 2022 Project.
(2) City Council consider adopting Resolution No. 2022-92, approving professional services agreements between the City of Marina and BKF Engineers for program management services and on-call design services; and; a pproving a professional services agreement between the City o f Marina and Ghirardelli Associates for on-call construction management and construction inspection services for the pavement resurfacing an d rehabilitation program , and; authorizing the City Manager to execute the agreement s on behalf of th e City subject to final review and approval by the City Attorney. h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
i. MAPS: None
j. REPORTS: (RECEIVE AND FILE): None
k. FUNDING & BUDGET MATTERS: None
l. APPROVE ORDINANCES (WAIVE SECOND READING): None
m. APPROVE APPOINTMENTS: None
Mayor Delgado requested to pull agenda item 8f( 2) so that a Council Memb er could be properly appointed to this board as an alternate.

DELGADO/BERKLEY: THAT WE APPROVE THE CONSENT AGENDA MINUS 8f(2). 4-0- 0-1(Biala)
4 MINUTES for City Council Meeting of Wednesday, July 6, 2022 Page 5

8f(2)
DELGADO/MEDINA DIRKSEN: THAT APPROVE APPOINTING C OUNCIL MEMBER CRISTINA MEDINA DIRKSEN AS AN ALTERNATE. 4-0-0-1(Biala)

9. PUBLIC HEARINGS:
a. City Council open public hearing , taking testimony from the public and consider reading by title only an d waive further re ading and approve Ordinance 20 22-, approving Amendments to Title 17 of the Municipal Code by adding Sections 17.45; and Ordinance 2022- 17.49 pertaining to Reasonable Accommodation fo r P ersons with Disabilities and Low-Barrier Navigation Centers, respectively.

Council Questions: In the initial ordina nce language if someone does the reasonable accommodation Are they entitled, or do we offer any kind of offsets in terms of any zoning, or a ny kind of taxing or any help in paying for these? or if they're building a new project, is there anything in the ordinance that would allow the city to help with defraying the cost of things like that, or can file these in their in your Federal returns? With the low barrier, I would assume that the ordinance doesn't require any kind of residency requirement or establishment of any kind , correct? W e've outlined a number of where this would be zoned in how it would work in with the surrounding commercial non-commercial uses.

Would this be the place where we would ask for location to schools or school programs, access to transportation, health care? Would that be appropriate in this kind of an ordinance?

Mayor Delgado open ed up the public hearing for pub lic comments: No public comments were made, and Mayor Delgado closed the public hearing.

DELGADO/BERKLEY: THAT W E A PPROVE THE FIRST READING OF ORDINANCE 2022-, APPROVING AMENDMENTS TO TITLE 17 OF THE MUNICIPAL CODE BY ADDING SECTIONS 17.45; AND ASK STAFF TO CONSIDER POLICY DEVELOPMENT RELATED TO OFFS ETS. FOR PARTICIPANTS IN THIS PROJECT, AND THOSE

WANTING TO ADD THESE ACCOMMODATIONS, THAT WOULD AID IN MOVING THESE PROJECTS ALONG. 4-0-0-1(Biala)

DELGADO/BERKLEY: THAT WE APPROVE THE FIRST READING OF ORDINANCE 2022- 17.49 PERTAINING TO REASONABLE ACCOMMODATION FOR PERSONS WITH DISABILITIES AND LOW -BARRIER NAVIGATION CENTE RS, RESPECTIVELY; AND

ASKING STAFF TO RETURN A PROPOSAL, OR AT LEAST IDEAS RELATED TO CITING

THESE PROJECTS A ALONG SCHOOL ROUTES, TRANSPORT ATION, ACCESS HEALTHCARE. 4-0-0-1(Biala)

10. OTHER ACTIONS I TEMS OF THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT 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 public is invited to approach th e podium 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 without r eview of the im pacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). 5 MINUTES for City Council Meeting of Wednesday, July 6, 2022 Page 6

a. City Council consider adopting Resolution No. 2022 -93, memorializing adjustments previously approved to the City’s Salary Schedule and Compensation Plan for Marina Directors and receiving an oral report on the changes.

Council Questions: Do the positions of our directors accrue over time for being on call ? If not, why? Do we have numbers that show us how much time they put in extra? Is this extra time part of their job description? What is the comparative market we used for the salaries? So when we do the comparable, do we plan to be on top , middle or bottom of the comparable? Have we've done the research to figure out how much it cost to live in our area ? Do you find it a bit of a challenge, or challenging at all to attract people, to move to a work for our city?
MEDINA DIRKSEN/BERKLEY: THAT WE ADOPT RESOLUTION NO. 2022 -, MEMORIALIZING ADJUSTMENTS PREVIOUSLY APPROVED TO THE CITY’S SALARY

SCHEDULE AND COMPENSATION PLAN FOR MARINA DIRECTORS AND RECEIVING AN ORAL REPORT ON THE CHANGES. 4-0-0-1(Biala)
Public Comments: None received

b. 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.

Council Questions: The overall plan for our airp ort, is it to be expansion into Jo by Manufacturing support? Is it to be transportation? Increased services to get into commercial carrier ? What is the ultimate goal here? How do they feel or what's the temperature of expanding our runway? what's defined as general aviation? Are we working with anybody to let her c ause be known? Has anybody successfully that we know of navigated this situation to Its benefit to get an expanded runway. Had we already received some fundings to extend the runway back in 2019-2022? Seems a lot of our pitch to the Faa and part of our vision is centered around our relationship with Job y, do we have things in writing and a guarantee from them about the proposed construction hangars ? Basically, we currently do not have any ki nd of guarantee or any kind of agreement for these buildings or other future visions for Joby, correct? When we seek funding through the map program, are we going to see 35 million over 5 years or some other number? UCMBEST put a lot of money in the str eets, curb gutter lighting Curb gutter lighting ? Can you describe tomorrow's meeting with U CMBEST and how that relates what their plans ar e for this area, and how their plans relate or link up with our plans ? If UCMBEST develop their property, would it b e for business par k and be in competition with our plans to develop our property? New residents or businesses complain about the airport t hat's been there longer than they have but if you start to make changes and increase the use it might cause problems so my question is, what does staff think about the order airport development and Marina Station development? Is it better that we develop our airport before Marina Station, or vice versa? Public Comments:
• Denise Turley – Asked if Joby was not going to o nly develop ing the planes here, but would possibly actually use the airport to start taking off and flying to other helipads then would they then be considered an airport proper use ? Would that also possibly en gender other things like businesses support businesses whatever?

6 MINUTES for City Council Meeting of Wednesday, July 6, 2022 Page 7

• Brian McCarthy – Supportive of continuing development of aviation uses at the Marina Airport but concerned about the level of maybe public input and i ndustry involvement in the discussion. Feels like direction is kind of being given as to the future of land uses at the airport and not enough. public involvement in the discussion. Would love to see more community input and workshops on this.

c. City Council continue discussion from April 19, 2022 , City Council meeting regarding unmet community facilities, infrastructure, public safety & staff ing needs and possibl e f unding options and stra tegies to address these needs an d provide direction to city staff.

Council Questions: Slide 3, property values – where did this data information come from? What other type of outreach will we do once we've received the information and have to make a decision ? Has there been instances in the past where surveys have told us voters/citizen have thought one way but we've been successful in passing things despite what the polls or surveys have told us ? So, the presentation that you've put forward we've seen these slides before and we had a discussion about maybe combining, would that save us money if we put the police and fire price into one building or put the community center police and the one buildin g, could we reduce that 53 down to something smaller?

Public Comments:
• Les Martin – Seems like a really important need and would support a bond even though it ’s an increase to the property tax bill.
• Brian McCarthy – Commented on a proposed state bill that would provide funding for a municipal water truck for a city kind of like ours that couldn't adequately protect some of this new housing stock that was coming online especially with the requirement to streamline. Asked if staff has looked into this and if not, can they? Commented on the survey and how it was conducted. Asked if staff is aware if the survey folks intentionally excluded anyone such as sitting Council members? • Denise Turley – Indicated that this was important thing for the city as it continues to grow and stretched thinner. Need to be able to provide better response times for emergenc y calls.

Commented on how the survey was conducted and be transparent. • Branson Kelsey – Agrees with previous speaker a bout the survey being completely transparent .

Asked who is funding this survey and w ho is doing the survey and was told it was classified.

Suggested that if any surveys are to be done full disclosu re of “who, what, where and when ” should be done. Better communication from the city if the form of leaflet s, or mailers should be done for items like these.
• Liesbeth Visscher – Think it's very important for Marina residents to know what the response times are currently for the firefighters and a second fire station and good response times it's can be a matter of life, or death.

Berkley/Delgado: that we bring this discussion back with a full recommendation on our next meeting which is the twelfth with a written -out bond measure, along wit h a draft bond measure along with survey results for us to review and decide upon.

Mayor Delgado asked for a friendly amendment, that we direct staff to bring us back some options.

Council Member Berkley accepted the friendly amendment.

7 MINUTES for City Council Meeting of Wednesday, July 6, 2022 Page 8

Final Motion
BERKLEY/DELGADO: THAT WE BRING THIS DISCUSSION BACK WITH A FULL

RECOMMENDATION ON OUR NEXT MEETING WHICH IS THE TWELFTH WITH A

WRITTEN-OUT BOND MEASURE, ALONG WITH A DRAFT BOND MEAS URE ALONG WITH SURVEY RESULTS FOR US TO REVIEW AND DECIDE UPON; AND THAT WE

DIRECT STAFF TO BRING US BACK SOME OPTIONS

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

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

Anita Sharp, Deputy City Clerk

ATTEST:

Bruce C. Delgado, Mayor
8 July 7, 2022 Item No. 8f(1)

Honorable Mayor and Members City Council Meeting
of the Marina City Council of July 19, 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 JULY 22, 2022, THROUGH AUGUST 20, 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 July 22, 2022, through August 20, 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 Resolutio n 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; on June 21, 2022 Resolution No. 2022- 78 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 July 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, 20 21, 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 holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees.

3. The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote taken at a meeting held for the purpose described in 2 above, that as a result of the emergency, meeting in person would present imminent 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 loc al 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 follow ing 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 revis ed 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 July 22, 2022, through August 20, 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 JULY 22, 2022, THROUGH AUGUST 20, 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; on June 21, 2022 Resolution No. 2022-78 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 July 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 conduct their meetings without compliance with paragraph (3) of subdivision (b) of Government Code section 54953, as authorized by subdivision (e) of section 54953, and that such legislative bodies shall continue to comply with the requirements to provide the public with access to the meetings as prescribed in paragraph (2) of subdivision (e) of section 54953; and

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

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

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

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

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

5 Resolution No. 2022-
Page Three

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

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

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

NOW, 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 Persi sts. The City Council hereby reconsiders the conditions of the state of emergency in the City and proclaims that a local emergency persists throughout the City, and:
(a) On September 22, 2021, the County of Monterey Health Department issued a Recommendation Regarding Social Distancing Including Remote Meetings of Legislative Bodies; and
(b) California and Monterey County are presently continuing to experience cases of the rapidly-spreading COVID-19 Omicron variant and as of 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) August 20, 2022, or such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the City Council of the City of Marina and its constituent bodies may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.

6 Resolution No. 2022-
Page Four

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting held this 19th day of July 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 July 14, 2022 Item No. 8g(1)

Honorable Mayor and Members City Council Meeting
of the Marina City Council of July 19, 2022

RECOMMENDATION TO CONSIDER ADOPTING RESOLUTION NO.
2022-, APPROVING PUBLIC IMPROVEMENT AGREEMENT S FOR
THE TERRACINA PROJECT AT THE DUNES – SITES 1 & 2 BETWEEN THE CITY OF MARINA AND USA PROPERTIES FUND, INC. , AND;

AUTHORIZING CITY MANAGER TO EXECUTE THE PUBLIC

IMPROVEMENT AGREEMENTS 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 Public Improvement Agreements for the Terracina Project at the Dunes – Sites 1 & 2 between the City of Marina and USA Properties Fund, Inc., and;

2. Authorizing the City Man ager to execute the Public Improvement Agreement s on behalf of the City subject to final review and approval by the City Attorney.

BACKGROUND:

At the regularly scheduled meeting of May 31, 2005, the City Council adopted Resolution No. 2005-127, certifying the Final Environmental Impact Report for the University Vil lage Development Project.

At the r egularly scheduled meeting of May 31, 2005, the City Council adopted Resolution No. 2005-128, approving the General Plan Amendments, Resolution No. 2005 -130, for the Specific Plan, Resolution No. 2005 -131, f or the Tentati ve Map and Resolution No. 2005 -132, Design Review for the r egional retail, the Vill age Promenade and all residential phases for the former University Village Development Project.

At the regularly scheduled meeting of December 17, 20 19, the City Council a dopted Resolution No. 2019 -140, approving a n Operating Agreement as an admi nistrative amendment of the Development Agreement clarifying and modifying certain project approvals for Specific Plan for The Dunes on Monterey Bay including to the Conforming Clarifications to the Schedule of Performance.

Pursuant to the Disposition and Development Agreement (DDA) executed in 2005 , USA Properties Fund, Inc . (Affordable Housing Developer ) has an agreement with Community Partners (MCP) and the City to provide 142 below market rate apartment units within Phase 3 of the University Village Specific Plan (currently The Dunes). Site 1 with 93 apartment units has been approved and under construction at the northea st intersection of 4 th Avenue and Beacon Street. Site 2 with 49 apartment units has been approv ed and starting construction at the southwest corner of 2nd Avenue and 6th Street.

1 ANALYSIS:

USA Properties has submitted the on-site and off -site Improvement Plans for approval . Marina Municipal Code (MMC) section 16.06.090 sets the requirements for the off-site improvements.

MMC section 16.16.100 requires an improvement se curity, suc h as a bond s, for all proposed improvements within the City right of way to ensure the timely construction of such improvements. Public Improvement Agreements for each Site must be executed prior to start of construction within the City right -of-way. USA Properties will provide labor and materials and faithful performance bonds as required by the Agreements (“EXHIBIT A”).

FISCAL IMPACT:

Should the City Council approve this reques t, th e City requires the Developer to provi de satisfactory evidence of their ability to complete the public improvements by the posting of labor and material and faithful performance subdivision improvement bonds in an amount of 100% of the cost to perform the work. In the event of default on the p art of the Developer, the City would utilize the bond funding to complete the improvements.

For the construction of off-site improvements for Sites 1 and 2, the Developer will post bonds in the amount of One Hundred and Fifty-Three Thousand Six Hundred Fourteen Dollars ($153,614.00, Site 1 ) and One Hundred Sixty -Seven Thousand Two Hundred Fifty -Six Dollars ($167,256, Site 2) for completion of the public improvements. Bonds to secure payment for labor and materials for each site will also be posted in the amount of One Hundred and Fifty-Three Thousand Six Hundred Fourteen Dollars ($153,614.00, Site 1 ) and One Hundred Sixty-Seven Thousand Two Hundred Fifty -Six Dollars ($167,256 , Site 2) . The Developer will also be required to apply for an encroachment permit for the construction inspection of the right-of-way improvements.

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 PUBLIC

IMPROVEMENT AGREEMENTS FOR THE TERRACINA PROJECT AT THE DUNES – SITES 1 & 2 BETWEEN THE CITY OF MARINA AND USA
PROPERTIES FUND, INC., AND; AUTHORIZING CITY MANAGER TO

EXECUTE THE PUBLIC IMPROVEMENT AGREEMENTS ON BEHALF OF

THE CITY SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY

ATTORNEY

WHEREAS, at the regularly s cheduled meeting of May 31, 2005, the C ity Council adopted Resolution No. 2005 -127, certifying th e Final Environmental Impact Report for the University Village Development Project, and;

WHEREAS, at the r egularly sched uled meeti ng of May 31, 2005, the City Council adopted Resolution No. 2005 -128, approving the General Plan Amendments, Resolution No. 2005 -130, for the Specific Plan, Resolution No. 2005 -131, for the Tentative Map and Resolution No. 2005 - 132, Design Review for the regional retail, the Vill age Promenade and all residential phases for the former University Village Development Project, and;

WHEREAS, at the regularly scheduled meeting of December 17, 2019, the City Council adopted Resolution No. 2019 -140, approving an Operating Agreement as an adm inistrative amendment of the Development Agreemen t clarifying and modifying certain project approvals for Specific Plan for The Dunes on Monterey Bay including to the Conforming Clarifications to the Schedule of Performance, and;

WHEREAS, pursuant to the Disposition and Development Agreement (DDA) executed in 2005, USA Properties Fund, Inc . (Affordable Housing Developer ) has an agreement with Community Partners (MCP) and the City to provide 142 below market rate apartment units within Phase 3 of the University Village Specific Plan (currently The Dunes). Site 1 with 93 apartment units has been approved and under construction at the northeast intersection of 4 th Avenue and Beacon Street. Site 2 with 49 apartment units has been approv ed and starting construct ion at the southwest corner of 2nd Avenue and 6th Street, and;

WHEREAS, USA Properties has submitted the on-site and off -site Improvement Plans for approval. Marina Munici pal Code (MMC) section 16.06 .090 sets the requirements for the off- site improvements. MMC section 16.16.100 requires an improvement security, such as a bond s, for all proposed improvements within the City right of way to ensure the timely construction of such improvements. Public Improvement Agreements for each Site must be executed prior to start of construction within the City right -of-way. USA Properties will pr ovide labor and materials and faithful performance bonds as required by the Agreements (Exhibit A), and;

WHEREAS, should the City Council approve this reques t, th e City requires the Developer to provide satisfactory evidence of their ability to com plete the public improvements by the posting of labor and material and f aithful performance subdivis ion improvement bonds in an amount of 100% of the cost to perform the work. In the ev ent of default on the p art of the Developer, the City would utilize the bond funding to complete the improvements, and;

3 Resolution No. 2022-
Page Two

WHEREAS, for the construction of off-site improvements for Sites 1 and 2, the Developer will post bonds in the amount of One Hundr ed and Fifty-Three Thousand Six Hundred Fourteen Dollars ($153,614.00, Site 1 ) and One Hundred Sixty -Seven Thousand Two Hundred Fifty -Six Dollars ($167,256, Site 2) for completion of the public im provements. Bonds to secure payment for labor and materials for each site will also be posted in the amount of One Hundred and Fifty- Three Thousand Six Hundred Fourteen Dollars ($153,614.00, Site 1 ) and One Hundred Sixty - Seven Thousand Two Hundred Fifty-Six Dollars ($167,256, Site 2). The Developer will also be required to apply for an encroachment permit for the construction inspection of the right-of-way improvements.

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

1. Approve Public Improvement Ag reements for the Terracina Project at the Dunes – Sites 1 & 2 between the City of Marina and USA Properties Fund, Inc., and;

2. Authorize the City Manag er to execute the Public Improvement Agreement s 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 regula r meeting duly held on the 19th day of July 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 Re
cording requested by and when
when recorded, return to:

Ci
ty of Marina
211 Hillcrest Avenue
Marina, CA 93933
Attn: Public Works Director
Exempt from recording fee, per
Go
vernment Code Section 6103
__
____________________________________________________________________________ APN:_____________________
PU

BLIC IMPROVEMENT AGREEMENT

FOR IMPROVEMENT OF STREETS, INSTALLATION OF SIDEWALKS,

LANDSCAPING, STREET LIGHTS AND OTHER PUBLIC WORKS FACILITIES – [ADDRESS OF DEVELOPMENT] –
This Public Agreement for Improvement of Streets, Installation of Sidewalks, Landscaping, St
reet Lights and Other Public Works Facilities (the “Agreement”) is made and entered into this _______day of __________, 20___, by and between the City of Marina, herein called the “City,” a municipal corporation, and __________________________________, a real property owner and developer, herein called the “Developer.” City and Developer are sometimes hereinafter individually referred to as “Party” and hereinafter collectively referred to as the ”Parties.” Recitals
A. D
eveloper has presented to CITY for approval a plan of development (the “Development”) located at ________________________, Marina, California (the “Property”) within the City, pursuant to provisions of the CITY’s ordinances and regulations relating to development approval.

B. Marina City Code Section 16.06.090 sets forth that improvements may include paving; gutter; curb; sidewalks; raised medians; street lights; street trees; landscaping; street signs; street barricades, walls and fences (the “Improvements”) necessary along the frontage of the Property as described and shown on Off-Improvement Plan Sheet(s) (the “Improvement Plans”).

Completion of all improvements in accordance with the Improvement Plans shall be completed prior to final inspection.

C. The Development has been approved, subject to the requirements and conditions on file in the Office of the Director of Public Works and incorporated into this Agreement by reference.

D. Th
e City has certain responsibilities for maintenance and operation of certain Improvements, utilities and public service facilities after acceptance by City, and the City agrees to discharge those responsibilities following its acceptance of the Improvements.

EXHIBIT A
5 2
E. In consideration of the approval of the Development, Developer desires to enter into this Agreement, whereby Developer promises to install and complete, at Developer’s own expense, all the public improvement work required by City in connection with the Development.

Developer has secured this Agreement by improvement security required by the City and approved by the City Attorney

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 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. Performance by Developer of this Agreement shall not be construed to vest Developer’s rights with respect to any change in any zoning or building law or ordinance.

Developer has been alerted to the requirements of California Labor Code section 1770 et seq. which require the payment of prevailing wage rates and the performance of other requirements if it is determined that this Agreement constitutes a public works contract. It shall be the sole responsibility of Developer to determine whether to pay prevailing wages for any or all work required by this Agreement. As a material part of this Agreement, Developer agrees to assume all risk of liability arising form any decision not to pay prevailing wages for the work required by this Agreement.

SECTION 2

The Developer agrees:

a. To perform each and every provision required by the City to be performed by the Developer 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, 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 street improvements to said real property may be extended; however, City shall not be obligated to accept any such easement or right-of-way.

c. Prior to acceptance of the Improvements by the City, 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 6 3
action, costs, losses, damages, liabilities and expenses (including without limitation 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 Developer or any contractor or subcontractor of the Developer, or any employee of the foregoing, grading or working upon said real estate; or (ii) any act or omission of Developer or Developer’s 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 negligence or intentional acts of the City or any of its officials, boards or commissions or members thereof, agents or employees. City shall not be responsible for the design or construction of the Property or 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 Developer 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, Developer shall remain obligated for routine maintenance of the Improvements. After acceptance, City shall be obligated for the routine maintenance of all Improvements but Developer shall remain obligated to eliminate any defect in design or dangerous condition caused by any design or construction defect. Provisions of this Section shall remain in full force and effect for ten years following acceptance by City of the Improvements. The Improvement security shall not be required to cover the provisions of this Section. Developer 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.

d. To construct and improve, or have constructed and improved at its own cost, expense and liability, all public works facilities and other improvements described in the Improvement Plans submitted to the City in furtherance of this Agreement on file with the City. To obtain, prior to commencing work all necessary permits and licenses and to give all incidental notices required for the lawful construction of the I If during the course of construction and installation of the Improvements, it is determined that the public interest requires alterations to the Improvements, Developer shall undertake such design and construction changes as may be reasonably required by 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. Developer 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 Developer’s 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 contractor of its obligations and the terms and conditions on which the City may obtain the proceeds of the bond. Alternatively, the Developer 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 Developer’s performance of this Agreement.

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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 Developer or its contractors or their inability or refusal to perform this contract, 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 by Developer and acceptance of the Improvements by the City, provided that after completion of the Improvements by the Developer and acceptance of the Improvements by the City, Developer may substitute for the performance bond securing the warranty described above with a separate warranty bond issued by an admitted surety 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.

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 Developer may become legally indebted for labor, materials, tools, equipment or services of any kind used or employed by the contractor or subcontractor 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 Developer, or its contractor or subcontractors 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 California Civil Code Sections 8520, 8530 and 9100; (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 Developer, its 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 Civil Code Sections 8520, 8530 and 9100 so as to give a right of action to those persons or their assigns in any suit brought upon the bond.

Developer shall file with the Recorder’s Office of the County of Monterey a notice of completion of the Improvements in accordance with California Civil Code section 3093.

The Developer 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, than renewed authority has been granted.

e. Any use by any person of the Improvements or any portion thereof, shall be at the sole and exclusive risk of Developer prior to City ’s acceptance of the Improvements. At all times during the term of this Agreement and until the Improvements constructed by Developer are accepted by City, Developer shall, at no cost to City obtain and maintain (1) a policy of general liability and property damage insurance in the minimum amount of Two Million Dollars ($2,000,000), 8 5
combined single limit for both bodily injury and property damage; (2) workers’ compensation insurance as required by law; and (3) 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 Developer 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).

Developer shall provide thirty (30) days written notice to City prior to termination, cancellation or modification. The insurance specified in (e) above shall (i) name City as additional insured, (ii) name City as a loss payee, and (iii) provide that City, although an additional insured or loss payee, may recover for any loss suffered by reason of the acts or omissions of Developer or Developer’s contractors or subcontractors and shall be endorsed 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 acceptable to City. Prior to commencing any work pursuant this Agreement, Developer shall deliver to City the insurance company’s certificate evidencing the required coverage, or if required by City a copy of the policies obtained.

Not later than 30 days prior to policy expiration date on the current certificate of insurance, the Developer shall deliver to the City a new and updated certificate of insurance evidencing all required coverage remains in place.

Developer or its contractor(s) shall procure and maintain workers’ compensation insurance with limits required by the California Labor Code and employer’s liability insurance with limits of not less than $1,000,000 per occurrence at all times during which the insured retains employees.

f. Developer shall pay to the City all fees, taxes and assessment imposed in connection with the Development and inspection of the Improvements including, but not limited to, plan check, design review, engineering, inspection, and other service fees and any impact of connection fees.

These fees must be pad in full prior to the City’s acceptance of the Improvements. The fees referred to above are not necessarily the only City fees, charges or other costs that have been, or will be, imposed on the Project and its development, and this Agreement shall in no way exonerate or relive the Developer from paying such other applicable fees, charges and/or cots.

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 _____________________ ($__________). 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

Developer will commence construction of the Improvements required by this Agreement within the time period set forth in the Schedule of Performance attached hereto as Schedule 1 and incorporated herein by this reference (the “Schedule of Performance”) between City and Developer, as the Schedule of Performance may be subsequently amended in writing. All the 9 6
provisions of this Agreement and all work to be done pursuant to the terms of this Agreement are to be completed within the time periods set forth in such Schedule of Performance. Developer shall maintain such public works facilities and other improvements described in this Agreement at Developer’s 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. City agrees if it becomes necessary to allow Developer, by a prior writing signed by the Public Works Director, to keep streets closed to public traffic until the Improvements are accepted by the City and the bonds are released.

Improvement security may be released or reduced in the following manner:
a. Improvement security given for faithful performance of the agreement may be released upon final completion and acceptance of the work; partial release of cash deposit improvement security as the work progresses shall be as established hereinabove. b. Improvement security securing the payment to the contractor, his subcontractors, and to persons renting equipment or furnishing labor or materials may, six months after the completion and acceptance of the work, be reduced to an amount not less than the total of all claims on which an action has been filed and notice thereof given in writing to the City Council, and if there are no actions filed, the improvement security may be released in full. City expressly may require the surety not to release the amount of security deemed necessary by the City to assure payment of reasonable expenses and fees, including reasonable attorney’s fees.

SECTION 5

City shall not be responsible or liable for the maintenance or care of the Improvements until City approves and accepts them. City shall exercise no control over the Improvements until accepted by City. Any use by any person of the Improvements, or any portion thereof, shall be at the sole and exclusive risk of the Developer at all times prior to City’s acceptance of the improvements.

Developer shall maintain all the improvements in a state of good repair until they are completed by Developer and approved and accepted by the City, and until the security for the performance of this Agreement is released. Maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and sweeping, repairing and maintaining in a good and safe condition all streets and street improvements. It shall be Developer’s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this section, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Developer and its surety under this Agreement.

City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Improvements or their condition prior to acceptance.

SECTION 6

a) Default of Developer shall include, but not be limited to: (1) failure to timely commence construction of the Improvements; (2) failure to complete construction of the Improvements within the time limitations set forth in the Schedule of Performance; (3) failure to timely cure any defect of the Improvements; (4) failure to perform substantial construction work for a period of 10 7
sixty calendar days after commencement of the work; (5) Developer’s insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which Developer fails to discharge within thirty days; (6) commencement of a foreclosure action against the project or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (7) failure to perform any other obligation under this Agreement. Notwithstanding the foregoing, Developer shall not be in default under this Agreement if it cures any default within thirty 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 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 Developer’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 the Developer. 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 Developer’s 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 Developer’s default under this Agreement, Developer authorizes City to perform such obligation sixty days after mailing written notice of default to Developer and to Developer’s 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 Developer, and Developer’s surety shall be liable to the City for any excess cost or damages occasioned 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, plants and other property belonging to Developer 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 Developer.

SECTION 7

That the following General Stipulations and any attached stipulations shall be completed, subject to the approval of the Public Works Director.

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 complete with a minimum interruption of traffic.

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3. All work within the public right-of-way shall be subject to the approval of the Public Works Director or his or her designee.

4. All construction work shall be coordinated so that the existing residents and/or businesses have access to their properties.

5. All improvements shall be installed per the approved Improvement Plans.

6. The Developer shall provide to the City of Marina electronic copy of the “as built” and Improvement Plans as an AutoCAD drawing file (DWG format, latest AutoCAD edition).

7. Any reimbursements due the Developer, unless specified otherwise in writing in this Agreement, will expire ten (10) years after the date of execution of this Agreement.

8. Until the roads on the Property are open to the public, Developer shall 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.

9. Prior to the acceptance of any dedications or Improvements by City, Developer shall certify and warrant that neither the property to be dedicated nor Developer is in violation of any environmental law and neither the property to be dedicated nor the Developer is subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with environmental law. Neither Developer nor any third party will use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any hazardous substance except in compliance with all applicable environmental laws. Developer has not caused or permitted the release of, and has no knowledge of the release or presence of, any hazardous substance on the property to be dedicated or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the property to be dedicated. Developer’s prior and present use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be dedicated.

Developer shall give prompt written notice to City at the address set forth herein of: (i) Any proceeding or investigation by any federal, state or local governmental authority with respect to the presence of any hazardous substance on the property to be dedicated or the migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated; (ii) Any claims made or threatened by any third party against City or the property to be dedicated relating to any loss or injury resulting from any hazardous substance; and, (iii) Developer’s discovery of any occurrence or condition on any property adjoining in the vicinity of the property to be dedicated that could cause the property to be dedicated or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which is it is intended, transferability or suit under any environmental law.

12 9

10. Nothing contained in this Agreement shall preclude City from expending monies pursuant to agreements concurrently or previously executed between the parties, 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 ordinances providing therefore, nor shall anything in this Agreement commit City to any such apportionment.

SECTION 8

Developer shall, at Developer’s 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.

SECTION 9

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

SECTION 10

Nothing contained in this Agreement shall preclude City from expending monies pursuant to agreements concurrently or previously executed between the parties, 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 11

Developer shall not be entitled to assign its obligations under this Agreement to any transferee of all or any part of the property within the Project or to any other third party without the express written consent of City.

SECTION 12

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 and payment to the City by the Developer for the cost of all inspections. Such acceptance shall not constitute a waiver of defects by City. The City shall recover all inspection costs.

SECTION 13

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 force and effect unless amended or modified by the mutual consent of the parties.

SECTION 14
13 10

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 15

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 16

Time is of the essence of this Agreement.

SECTION 17

This Agreement constitutes 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 parties.

SECTION 18

In the event the Schedule of Performance (including any Conforming Clarifications thereto) 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. Any such extension may be granted without notice to Developer’s surety and shall not affect the validity of this Agreement or release the surety on any security given for this Agreement.

SECTION 19

The Parties hereby mutually agree that neither this Agreement, nor any other related entitlement, permit or approval issued by the City for the Development shall operate to create the relationship of partnership, joint venture, or agency between City and Developer.

Developers contractors and subcontractors are exclusively and solely under the control and dominion of Developer, Nothing herein shall be deemed to make Developer or its contractors an agent or contractor of the City.

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SECTION 20

All notices, demands, invoices and written determinations shall be in writing and delivered to the following addresses, or such other addresses as the Parties may designate by written notice:

City of Marina Developer
Attn: Public Works Director _________________________ 211 Hillcrest Avenue _________________________
Marina, CA 93901 _________________________

SECTION 21

This Agreement shall be construed with and governed by the laws of the State of California.

Any legal action or proceeding brought to interpret or enforce this Agreement, or which arises out of the Parties’ activities undertaken pursuant tot hi Agreement, shall be filed and prosecuted in the appropriate State court in the County of Monterey, California.

SECTION 22

This Agreement may be executed in counterpart originals, which taken together shall constitute one and the same instrument.

(Signatures contained on following page)

IN WITNESS WHEREOF, City and Developer have executed this Public Improvement Agreement as of the date first written above.

ATTEST: CITY OF MARINA

Anita Shepherd-Sharp Layne Long
Deputy City Clerk City Manager
Date:___________________

APPROVED AS TO FORM:

____________________________
City Attorney

15 12
[DEVELOPER NAME]
Developer

By: ____________________________
Name: ____________________________
Title: ____________________________
Date:___________________

16 STATE OF CALIFORNIA

COUNTY OF _____________

On ___________________, 20___, before me, ___________________________, Notary Public, personally appeared __________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ___________________________________

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
17 STATE OF CALIFORNIA

COUNTY OF _____________

On ___________________, 20___9, before me, ___________________________, Notary Public, personally appeared __________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ___________________________________

SCHEDULE OF PERFORMANCE

(See attached Schedule)
19 July 11, 2022 Item No. 8g(2)

Honorable Mayor and Members City Council Meeting
of the Marina City Council of July 19, 2022

CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2022-, APPROVING A

CONTRACT WITH RINCON CONSULTING AND VERONICA TAM CONSULTING

TO PROVIDE URBAN PLANNING SERVICES TO COMPLETE THE SIXTH CYCLE HOUSING ELEMENT FOR AN AMOUNT NOT TO EXCEED $300,000; AND

AUTHORIZE THE FINANCE DIRECTOR TO MAKE NECESSARY ACCOUNTING

AND BUDGETARY ENTRIES, AND AUTHORIZE THE CITY MANAGER TO

EXECUTE A CONTRACT AMENDM ENT ON BEHALF O F CITY WITH RINCON

CONSULTING AND VERONIC A TAM C ONSULTING SUBJECT TO FINAL REVIEW BY THE CITY ATTORNEY.

RECOMMENDATION: City Council consider

1. Adopt a Resolution No. 2022-, approving a contract with Rincon Consulting and Veronica Tam to provide urban planning services to complete the Sixth Cycle Housing Element for an amount not to exceed $300,000 (“EXHIBIT A”); and

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

3. Authorize the City Manager to execute a contract amendment on behalf of City with Rincon Consulting subject to final review by the City Attorney.

BACKGROUND:

Affordable Housing Overlay-Fourth and Fifth Cycle Housing Elements The Housing Element is the only chapter o f the General Plan that is mandated by t he St ate of California to be update d frequently. The update to the Housing Element is done based on cycles as determined by the California Department of Housing and Community Development (State HCD) and depending on wh ich Council of Government (COG) a city is located in. The City of Marina is in the Association of Bay Area Gove rnments (AMBAG COG). The Fourth Housing Element Cycle for the Association of Mont erey Bay Area Governments (4 th Cycle) ran from 2007 -2014 and the Fifth Cycle ran from 2014-2023. As the Council is aware, the City of Marina is several years past due in getting its Fifth Cy cle (5th) Housing Element certified by State HCD. The city agreed to increase the zoning within the Downtown Specific Plan to accommodate the Fifth Cycle housing allocation given to it by AMBAG.

On February 1 5, 2022 the City Council a warded a cont ract with Rincon Consult ing to modify the Downtown Specific Plan to reduce the subjective elements of the plan per recent changes to stat e law and to create an a ffordable h ousing overlay zone in order for the City to meet its ’ regional housing needs allocation for the Fifth (5th) Cycle. Rincon Consultant and city staff have been working o n the affordable housing overlay zone and will be bringing this policy before the City Coun cil in the next thirty to forty-five (30-45) days.1 In meetings with State HCD staff , they generally seemed supportive of the idea, so if the City Counc il were to adopt the policy in the near-term, Marina could be made whole for previous Housing Element cycles.

1 See the February 15, 2022 staff report for additional details about the Affordable Housing Overlay:
https://www.cityofmarina.org/AgendaCenter
1 Sixth Cycle Housing Element.

On a parallel track, while the city is seeking compliance with the previous RHNA cycles, work needs to begin in earnest on the Sixth Cycle Housing Element whic h all Monterey County c ities must finish by December 15, 2023. This is a timely proposal because of recent changes to State law that mand ate extended review periods including State HCD comment periods that total approximately one h alf of a year.2 If the City Counc il were to authorize awar d of the c ontract on Jul y 19, 2022 and city staff executes said contract by August 1 st, city staff are fairly confident the process can be completed by December of 2023. Below is Table 1 ( Sixth Cycle Housing Element Cycle) which sh ows the major milestones that must be met in order for the City to meet the project deadline.

In addition to the state review times identified in Table 1 above, this housing element cycle also mandates additional comment period from the public prior to Planning Commission and City C ouncil review (see AB 215), and an extensive amount of outreach to all economic segments of the community to ensure future h ousing policies affirm fair housing per AB 686. All told, these additional regulatory requirements mandate immediate action by the City of Marina.

FISCAL IMPACT:

The contract amount shall not exceed $300,000. This is proposed to be f unded from the Unallocated General Fund B alance. It should be n oted that lack of Housing Element compliance with the State of California has far greater fiscal implications for the City of Marina:

This is proposed to be funded from Unallocated General Fund Balance

2 The first time we submit the Housing Element to the State, HCD has 90 days to review the docu ment. The second time we submit the document they have 60 days to review so 150 days of the project schedule is already set and needs to be accounted for.

Table 1 (Major 2031 Housing Element Milestones
Schedule
Major
Milestones Dates
Contract awarded 8/1/2022 Aug-22
Outreach, Prepare Draft HE, Workshop #1 12/1/2022 Aug-Nov 2022 Mandated Public Comment Period (30 days)/10 days to
response in writing prior to review by the PC or CC 1/2/2023 30 days Planning Commission review of draft HE 2/1/2023
Feb 2023
(Two Meetings)
Council Review of draft Housing Element (HE) 3/1/2023
March 2023
(Two Meetings)
State HCD first round of review (90 days) 6/1/2023 90 Days City responses to HCD comments (60 days)/Workshop #2 8/1/2023 60 days City resubmits draft HE back to State HCD and seeks letter of compliance (60 days) 10/2/2023 60 days
Planning Commission review of draft HE (second round) 10/12/2023 Oct 2023
(Two Meetings)
City Council review of Final HE (second round)
11/7/2023
11/21/2023
Nov 2023
(Two Meetings)
Submittal of the Final Housing Element to State HCD 12/5/2023 AMBAG Deadline to submit to the State 12/15/2023
2 • Active Transportation Program ( ATP) Funds-Recently, the Marina Public Works Department was ineligible to file for two million dollars in ATP funds to up grade Imjin Parkway because the City does not have a certified Housing Element.

• Safe R outes to Scho ol Funds-The City d id not file for one million dollars in Safe Routes to School funds in 2021 due to not having a Housing Element.

• State Law Compliance -As part of AB 72 (2017 -2018) the Calif ornia Office of the Attorney General may be no tified that the Ci ty’s Housing Elemen t is out of compliance with Housing Element law, and the City may be subject to enforcement actions.

• Loss of Local Land Use Control s-The court s may suspend the lo cality’s a uthority to issue building permits or grant zoning changes, variances, or subdivision map approvals.

• Fees-If a jurisdiction faces a court action stemming from its lack of compliance and either loses or settles the case, it often must pay subs tantial atto rney fees to the plaintiff’s attorne ys in addition to the fees paid to its own attorneys. These fees can easily exceed $100,000.

CONCLUSION
In conclusion, city staff are recommending approval of this contract to meet the City’s long term Regional Housing Needs Allocation (RHNA) obligations

REVIEWED/CONCUR:

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

_____________________________
Layne Long
City Manager
City of Marina

3 RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA

APPROVING A CONTRACT WITH RINCON CONSULTING AND VERONICA TAM

CONSULTING TO PROVIDE URBAN PLANNING SERVICES TO COMPLETE THE DOWNTOWN SPECIFIC PLAN FOR A CONTRACT AMOUNT NOT TO EXCEED $300,000

WHEREAS, the City of Marina desires to complete the Sixth Cycle Housing Element, and

WHEREAS, completion of the Sixth Cycle Housing Element will ensure the City’s Regional Housing Needs Allocation (RHNA) obligations as id entified b y the Ca lifornia Department o f Housing and Community Development (State HCD) and the Association of Monterey Bay Area Governments (AMBAG) are met by December 2023, and

WHEREAS, completion of the Housing Element requires an agreement with Rincon Consulting and Veronica Tam Consulting for urban planning services, and

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

1. Approve a contract with Rincon Con sulting and Veronica Tam Consulting to provide Urban Planning Services to complete the D owntown Sp ecific Plan f or an amoun t not to ex ceed $300,000; and

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

3. Authorize the City Manager to execute a contract amendment on behalf of City with Rincon Consulting subject to final review by the City Attorney.

PASSED AND ADOPTED by the City Coun cil of the City of Marina at a reg ular meeting duly held on the 19th of July 2022 by the following vote:

AYES, COUNCIL MEMBERS:

NOES, COUNCIL MEMBERS:

ABSENT, COUNCIL MEMBERS:

ABSTAIN, COUNCIL MEMBERS:

_________________________
Bruce C. Delgado, Mayor
ATTEST:

______________________________
Anita Sharp, Deputy City Clerk

4 CITY OF MARINA

AGREEMENT FOR PROFESSIONAL

CONSULTANT SERVICES
THIS AGREEMENT is made and entered into on , 2022, by and between the City of Marina, a California charter city, hereinafter referred to as the "City," and, Rincon Consulting of San Luis Obispo hereinafter referred to as the "Contractor." City and Contractor are sometimes individually referred to as "party" and collectively as "parties" in this Agreement.

Recitals
A. City desires to retain Contractor to provide ongoing housing element support.

B. Contractor represents and warrants that it has the qualifications, experience and personnel necessary to properly perform the services as set forth herein.

C. City desires to retain Contractor to provide such services.

Terms and Conditions
For of good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and in consideration of the mutual promises contained herein, City and Contractor agree to the following terms and conditions:

1. Scope of Work.
(a) Contractor is hereby hired and retained by the City to work in a cooperative manner with the City to fully and adequately perform those services set forth in Exhibit “A” attached hereto (“Scope of Work”) and by this reference made a part hereof. With prior written notice to Contractor, City may elect to delete certain tasks of the Scope of Work at its sole discretion. (b) Contractor shall perform all such work with skill and diligence and pursuant to generally accepted standards of practice in effect at the time of performance. Contractor shall provide corrective services without charge to the City for work which fails to meet these standards and which is reported to Contractor in writing within sixty days of discovery. Should Contractor fail or refuse to perform promptly its obligations under this Agreement, the City may render or undertake the performance thereof and the Contractor shall be liable for any expenses thereby incurred. (c) If services under this Agreement are to be performed by a design professional, as that term is defined in California Civil Code §2782.8(b)(2), design professional certifies that all design professional services shall be provided by a person or persons duly licensed by the State of California to provide the type of services described in Section 1(a). By delivery of completed work, design professional certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws, and the professional standard of care in California. (d) Contractor is responsible for making an independent evaluation and judgment of all relevant conditions affecting performance of the work, including without limitation site conditions, existing facilities, seismic, geologic, soils, hydrologic, geographic, c limatic conditions, applicable federal, state and local laws and regulations and all other contingencies or considerations.

EXHIBIT A
5 (e) City shall cooperate with Contractor and will furnish all information data, records and reports existing and available to City to enable Contractor to carry out work outlined in Exhibit “A." Contractor shall be entitled to reasonably rely on information, data, records and reports furnished by the City, however, the City makes no warranty as to the accuracy or completeness of any such information, data, records or reports available to it and provided to Contractor which were furnished to the City by a third party. Contractor shall have a duty to bring to the City's attention any deficiency or error it may discover in any information provided to the Contractor by the City or a third party.

2. Term of Agreement & Commencement of Work.

(a) Unless otherwise provided, the term of this Agreement shall begin on the date of its full execution and shall expire on 2025 and will automatically be extended unless terminated by either party as provided herein. The date of full execution is defined as the date when all of the following events have occurred:

(i) This Agreement has been approved by the City's Council or by the board, officer or employee authorized to give such approval; and

(ii) The office of the City Attorney has indicated in writing its approval of this Agreement as to form; and

(iii) This Agreement has been signed on behalf of Contractor by the person or persons authorized to bind the Contractor hereto; and.

(iv) This Agreement has been signed on behalf of the City by the person designated to so sign by the City's Council or by the officer or employee authorized to enter into this Contract and is attested to by the Marina City Clerk.

(b) Contractor shall commence work on the Project on or by July 1, 2022 . This Agreement may be extended upon written agreement of both parties. Contractor may be required to prepare a written schedule for the work to be performed, which schedule shall be approved by the City and made a part of Exhibit A, and to perform the work in accordance with the approved schedule.

3. Compensation.

(a) City liability for compensation to Contractor under this Agreement shall only be to the extent of the present appropriation to fund this Agreement. For services to be provided under this A g r e e m e n t City s h a l l compensate Contractor in an amount not to exceed $300,000 Dollars [three hundred thousand dollars ] in accordance with the provisions of this Section and the Fee Schedule attached hereto as Exhibit B and incorporated herein by this reference.

(b) Invoice(s) in a format and on a schedule acceptable to the City shall be submitted to and be reviewed and verified by the Project Administrator (see Section 5(a)) and forwarded to the City's Finance Department for payment. City shall notify Contractor of exceptions or disputed items and their dollar value within fifteen days of receipt. Payment of the undisputed amount of the invoice will typically be made approximately thirty days after the invoice is submitted to the Finance Department.

(c) Contractor will maintain clearly identifiable, complete and accurate records with respect to all costs incurred under this Agreement on an industry recognized accounting basis. 6 Contractor shall make available to the representative of City all such books and records related to this Agreement, and the right to examine, copy and audit the same during regular business hours upon 24 -hour's notice for a period of four years from the date of final payment under this Agreement.

(d) Contractor shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by the City to be necessary for the proper completion of the Project but which is not included within the Scope of Work and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B.

(e) Expenses not otherwise addressed in the Scope of Services or the Fee Schedule incurred by Contractor in performing services under this Agreement shall be reviewed and approved in advance by the Project Administrator (Section 5(a)), be charged at cost and reimbursed to Contractor.

(f) There shall be no charge for transportation within Monterey, Santa Cruz and San Benito Counties required for the performance of the services under this Agreement; travel to other locations must be approved in writing and in advance by the City, mileage will be charged at the then current standard rate for business travel as set by the U.S. Internal Revenue Service for such approved travel.

4. Termination or Suspension.

(a) This Agreement may be terminated in whole or in part in writing by either party in the event of a substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given (1) not less than ten days written notice of intent to terminate, and (2) provided an opportunity for consultation with the terminating party prior to termination.

(b) If termination for default is effected by the City, an equitable adjustment in the price provided for in this Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due the Contractor at the time of termination may be adjusted to cover any additional costs to the City because of the Contractor's default. If after the termination for failure of Contractor to fulfill its contractual obligations, it is determined that the Contractor had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the City.

(c) The City may terminate or suspend this Agreement at any time for its convenience upon not less than thirty days prior written notice to Contractor. Not later than the effective date of such termination or suspension, Contractor shall discontinue all affected work and deliver all work product and other documents, whether completed or in progress, to the City.

(d) If termination for default is effected by the Contractor or if termination for convenience is effected by the City, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for termination shall provide for payment to the Contractor for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by Contractor relating to written commitments that were executed prior to the termination.

7 5. Project Administrator, Project Manager & Key Personnel.

(a) City designates as its Project Administrator Guido F. Persicone, Community Development Director or his designee who shall have the authority to act for the City under this Agreement. The Project Administrator or his/her authorized representative shall represent the City in all matters pertaining to the work to be performed pursuant to this Agreement.

(b) Contractor designates Kimiko Lizardi as its Project Manager who shall coordinate all phases of the Project. The Project manager shall be available to City at all reasonable times during the Agreement term.

(c) Contractor warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. Contractor, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Contractor has represented to City that certain key personnel will perform and coordinate the work under this Agreement. Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon written approval of the City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows:

Kimiko Lizardi Jon Montgomery, Erik Holtz, Kat Castanon, Bryce Hane and other Rincon personnel of their choosing

6. Delegation of Work.

(a) If Contractor utilizes any subcontractors, consultants, persons, employees or firms having applicable expertise to assist Contractor in performing the services under this Agreement, Contractor shall obtain City's prior written approval to such employment. Contractor's contract with any subcontractor shall contain a provision making the subcontract subject to all provisions of this Agreement. Contractor will be fully responsible and liable for the administration, completion, presentation, and quality of all work performed. If such persons are utilized, they shall be charged at cost. City reserves its right to employ other contractors in connection with this Project.

(b) If the work hereunder is performed by a design professional, design professional shall be directly involved with performing the work or shall work through his, her or its employees.

The design professional's responsibilities under this Agreement shall not be delegated. The design professional shall be responsible to the City for acts, errors or omissions of his, her or its subcontractors. Negligence of subcontractors or agents retained by the design professional is conclusively deemed to be the negligence of the design professional if not adequately corrected by the design professional. Use of the term subcontractor in any other provision of this Agreement shall not be construed to imply authorization for a design professional to use subcontractors for performance of any professional service under this Agreement.

(c) The City is an intended beneficiary of any work performed by a subcontractor for purposes of establishing a duty of care between the subcontractor and the City.

7. Skill of Employees . Contractor shall ensure that any employees or agents providing services under this Agreement possess the requisite skill, training and experience to properly perform such services.

8 8. Confidential and Proprietary Information. In the course of performing services under this Agreement Contractor may obtain, receive, and review confidential or proprietary documents, information or materials that are and shall remain the exclusive property of the City.

Should Contractor undertake the work on behalf of other agencies, entities, firms or persons relating to the matters described in the Scope of Work, it is expressly agreed by Contractor that any such confidential or proprietary information or materials shall not be provided or disclosed in any manner to any of Contractor’s other clients, or to any other third party, without the City’s prior express written consent.

9. Ownership of Data. Unless otherwise provided for herein, all documents, material, data, drawings, plans, specifications, computer data files, basis for design calculations, engineering notes, and reports originated and prepared by Contractor, or any subcontractor of any tier, under this Agreement shall be and remain the property of the City for its use in any manner it deems appropriate. Contractor agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or intellectual property rights in favor of the City. Contractor shall provide two (2) sets of reproducible of the above-cited items, except for the computer data files which shall consist of one (1) set. Contractor shall use all reasonable efforts to ensure that any electronic files provided to the City will be compatible with the City's computer hardware and software. Contractor makes no representation as to long -term compatibility, usability or readability of the format resulting from the use of software application packages, operating systems or computer hardware differing from those in use by the City at the commencement of this Agreement. Contractor shall be permitted to maintain copies of all such data for its files. City acknowledges that its use of the work product is limited to the purposes contemplated by the Scope of Work and, should City use these products or data in connection with additions to the work required under this Agreement or for new work without consultation with and without additional compensation to Contractor, Contractor makes no representation as to the suitability of the work product for use in or application to circumstances not contemplated by the Scope of Work and shall have no liability or responsibility whatsoever in connection with such use which shall be at the City's sole risk. Any and all liability arising out of changes made by the City to Contractor's deliverables is waived against Contractor unless City has given Contractor prior written notice of the changes and has received Contractor's written consent to such changes.

10. Conflict of Interest.

(a) Contractor covenants that neither it, nor any officer or principal of its firm has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of the City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of the City in the performance of this Agreement.

(b) City understands and acknowledges that Contractor may be, as of the date of commencement of services under this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Contractor is unaware of any stated position of the City relative to such projects. Any future position of the City on such projects may result in a conflict of interest for purposes of this section.

9 (c) No official or employee of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making accepting or approving this contract, shall become directly or indirectly interested in this contract or in any part thereof. No officer or employee of the City who is authorized in such capacity and on behalf of the City to exercise an y executive, supervisory, or similar function in connection with the performance of this contract shall become directly or indirectly interested personally in this contract or any part thereof.

11. Disclosure. Contractor may be subject to the appropriate disclosure requirements of the California Fair Political Practices Act, as determined by the City Manager.

12. Non-Discrimination.

(a) During the performance of this Agreement the Contractor shall comply with the applicable nondiscrimination and affirmative action provisions of the laws of the United States of America, the State of California and the City. In performing this Agreement, Contractor shall not discriminate, harass, or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), medical condition (including cancer), age, marital status, denial of family and medical care leave a nd denial of pregnancy disability leave. Contractor shall give written notice of its obligations under this clause to labor organizations with which it has a collective bargaining or other agreement.
(b) Contractor shall include the nondiscrimination and compliance provisions of this Section in all subcontracts.

13. Indemnification.

(a) Other than in the performance of professional services by a design professional, which shall be solely as addressed by subsection (b) below, and to the full extent permitted by law, Contractor shall (1) immediately defend (with independent counsel reasonably acceptable to the City) and (2) indemnify the City, its Council, boards, commissions, employees, officials and agents ("Indemnified Parties" or in the singular "Indemnified Party") from and against all liabilities regardless of nature or type arising out of or resulting from Contractor’s performance of services under this contract, or any negligent or wrongful act or omission of the Contractor or Contractor’s officers, employees, agents or subcontractors. Liabilities subject to the duties to defend and indemnify include, without limitation, all claims, losses, damages, penalties, fines and judgments, associated investigation and administrative expenses; defense costs including but not limited to reasonable attorney’s fees; court costs; expert witness fees; and costs of alternate dispute resolution (“Liabilities”). The Contractor’s obligation to indemnify applies unless it is adjudicated that its liability was caused by the sole active negligence or sole willful misconduct of an indemnified party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an Indemnified Party, the Contractor’s indemnification obligation shall be reduced in proportion to the established comparative liability of the Indemnified Party.

(b) To the fullest extent permitted by law (including without limitation California Civil Code Sections 2782.8), when the services to be provided under this Agreement by Contractor are design professional services to be performed by a design professional, as that term is defined under said section 2782.8, the design professional shall (1) immediately defend (with independent counsel reasonably acceptable to the City) and (2) indemnify the City and any Indemnified Party for all Liabilities regardless of nature or type that arise out of, pertain to, or relate to the 10 negligence, recklessness, or willful misconduct of design professional, or the acts or omissions of an officer, employee, agent or subcontractor of the design professional. The design professional’s obligation to indemnify applies unless it is finally adjudicated that the liability was caused by the sole active negligence or sole willful misconduct of an Indemnified Party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an Indemnified Party, then design professional’s indemnification obligation shall be reduced in proportion to the established comparative liability of the Indemnified Party.

(c) All obligations under this section are to be paid by Contractor as incurred by City. The provisions of this Section are not limited by the provisions of sections relating to insurance including provisions of any worker's compensation act or similar act. Contractor expressly waives its statutory immunity under such statues or laws as to City, its employees and officials.

An allegation or determination of comparative active negligence or willful misconduct by an Indemnified Party does not relieve the Contractor from its separate and distinct obligation to defend the City. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, sub tier contractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance or subject matter of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.

(d) If any action or proceeding is brought against any Indemnified Party by reason of any of the matters against which the Contractor has agreed to defend the Indemnified Party, as provided above, Contractor, upon notice from the City, shall immediately defend any Indemnified Party at Contractor's expense by counsel reasonably acceptable to the City. An Indemnified Party need not have first paid for any of the matters to which it is entitled to indemnification in order to be so defended.

(e) The review, acceptance or approval of the Contractor’s work or work product by any Indemnified Party shall not affect, relieve or reduce the Contractor’s indemnification or defense obligations. This obligation to indemnify and defend City, as set forth herein, is binding on the successors, assigns, or heirs of Contractor and shall survive the completion of the services or the termination of this Agreement or this Section.

14. Insurance.

(a) As a condition precedent to the effectiveness of this Agreement and without limiting Contractor's indemnification of the City, Contractor agrees to obtain and maintain in full force and effect at its own expense the insurance policies set forth in Exhibit “C” “Insurance” attached hereto and made a part hereof. Contractor shall furnish the City with original certificates of insurance, manually autographed in ink by a person authorized by that insurer to bind coverage on its behalf, along with copies of all required endorsements. All certificates and endorsements must be received and approved by the City before any work commences. All insurance policies shall be subject to approval by the City Attorney and Risk Manager as to form and content.

Specifically, such insurance shall: (1) protect City as an additional insured for commercial general and business auto liability; (2) provide City at least thirty days written notice of cancellation, material reduction in coverage or reduction in limits and ten days written notice for non-payment of premium; and (3) be primary with respect to City's insurance program.

Contractor's insurance is not expected to respond to claims that may arise from the acts or omissions of the City.
11 (b) City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required herein by giving Contractor ninety days advance written notice of such change. If such change should result in substantial additional cost of the Contractor, City agrees to negotiate additional compensation proportional to the increased benefit to City.

(c) All required insurance must be submitted and approved the City Attorney and Risk Manager prior to the inception of any operations by Contractor.

(d) The required coverage and limits are subject to availability on the open market at reasonable cost as determined by the City. Non availability or non affordability must be documented by a letter from Contractor's insurance broker or agency indicating a good faith effort to place the required insurance and showing as a minimum the names of the insurance carriers and the declinations or quotations received from each. Within the foregoing constraints, Contractor's failure to procure or maintain required insurance during the entire term of this Agreement shall constitute a material breach of this Agreement under which City may immediately suspend or terminate this Agreement or, at its discretion, procure or renew such insurance to protect City's interests and pay any and all premium in connection therewith and recover all monies so paid from Contractor.

(e) By signing this Agreement, Contractor hereby certifies that it is aware of the provisions of Section 3700 et seq., of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self -insurance in accordance with the provision of that Code, and that it will comply with such provisions at all such times as they may apply during the performance of the work pursuant to this Contract. Unless otherwise agreed, a waiver of subrogation in favor of the City is required.

15. Independent Contractor. The parties agree that Contractor, its officers, employees and agents, if any, shall be independent contractors with regard to the providing of services under this Agreement, and that Contractor's employees or agents shall not be considered to be employees or agents of the City for any purpose and will not be entitled to any of the benefits City provides for its employees. City shall make no deductions for payroll taxes or Social Security from amounts due Contractor for work or services provided under this Agreement.

16. Claims for Labor and Materials. Contractor shall promptly pay when due all amounts payable for labor and materials furnished in the performance of this Agreement, so as to prevent any lien or other claim under any provision of law from arising against any City property (including reports, documents, and other tangible matter produced by the Contractor hereunder), against the Contractor's rights to payments hereunder, or against the City, and shall pay all amounts due under the Unemployment Insurance Act with respect to such labor.

17. Discounts. Contractor agrees to offer the City any discount terms that are offered to its best customers for the goods and services to be provided herein, and apply such discounts to payment made under this Agreement which meet the discount terms.

18. Cooperation; Further Acts . The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.

19. Dispute Resolution. If any dispute arises between the parties as to proper interpretation or application of this Agreement, the parties shall first meet and confer in a good faith attempt to resolve the matter between themselves. If the dispute is not resolved by meeting and conferring, the matter shall be submitted for formal mediation to a mediator selected mutually by the parties. 12 The expenses of such mediation shall be shared equally between the parties. If the dispute is not or cannot be resolved by mediation, the parties may mutually agree (but only as to those issues of the matter not resolved by mediation) to submit their dispute to arbitration. Before commencement of the arbitration, the parties may elect to have the arbitration proceed on an informal basis; however, if the parties are unable so to agree, then the arbitration shall be conducted in accordance with the rules of the American Arbitration Association. The decision of the arbitrator shall be bindin g, unless within thirty days after issuance of the arbitrator’s written decision, any party files an action in court. Venue and jurisdiction for any such action between the parties shall lie in the Superior Court for the County of Monterey.

20. Compliance with Laws.

(a) Each party's performance hereunder shall comply with all applicable laws of the United States of America, the State of California and the City including but not limited to laws regarding health and safety, labor and employment, wage and hours and licensing laws which affect employees. This Agreement shall be governed by, enforced and interpreted under the laws of the State of California. Contractor shall comply with new, amended or revised laws, regulations or procedures that apply to the performance of this Agreement.

(b) If the Project is a "public work," or prevailing wages are otherwise required, Contractor shall comply with all provision of California Labor Code section 1720 et seq., as applicable, and laws dealing with prevailing wages, apprentices and hours of work.

(c) Contractor represents that it has obtained and presently holds all permits and licenses necessary for performance hereunder, including a Business License required by the City's Business License Ordinance. For the term covered by this Agreement, the Contractor shall maintain or obtain as necessary, such permits and licenses and shall not allow them to lapse, be revoked or suspended.

21. Assignment or Transfer. This Agreement or any interest herein may not be assigned, hypothecated or transferred, either directly or by operation of law, without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

22. Notices. All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, sent by or certified mail, postage prepaid with return receipt requested, addressed as follows:

To City: City Manager
City of Marina City Hall
211 Hillcrest Avenue
Marina, California 93933

To Contractor: Megan Jones, Principal
2969, 1530 Monterey St STE D,
San Luis Obispo, CA 93401

Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three days after deposit in the custody of the U.S. Postal Service. A copy of any notice sent as provided herein shall also be delivered to the Project Administrator and Project Manager.

13 23. Amendments, Changes or Modifications. This Agreement is not subject to amendment, change or modification except by a writing signed by the authorized representatives of City and Contractor.

24. Force Majeure. Notwithstanding any other provisions hereof, neither Contractor nor City shall be held responsible or liable for failure to meet their respective obligations under this Agreement if such failure shall be due to causes beyond Contractor's or the City's control. Such causes include but are not limited to: strike, fire, flood, civil disorder, act of God or of the public enemy, act of the federal government, or any unit of state of local government in either sovereign or contractual capacity, epidemic, quarantine restriction, or delay in transportation to the extent that they are not caused by the party's willful or negligent acts or omissions, and to the extent that they are beyond the party's reasonable control.

25. Attorney's Fees . In the event of any controversy, claim or dispute relating to this Agreement, or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney's fees and costs.

26. Successors and Assigns. All of the terms, conditions and provisions of this Agreement shall apply to and bind the respective heirs, executors, administrators, successors, and assigns of the parties. Nothing in this paragraph is intended to affect the limitation on assignment

27. Authority to Enter Agreement . Contractor has all requisite power and authority to conduct its business and to execute, deliver and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each respective party.

28. Waiver. A waiver of a default of any term of this Agreement shall not be construed as a waiver of any succeeding default or as a waiver of the provision itself. A party's performance after the other party's default shall not be construed as a waiver of that default.

29. Severability. Should any portion of this Agreement be determined to be void or unenforceable, such shall be severed from the whole and the Agreement will continue as modified.

30. Construction, References, Captions. Since the parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any party. Any term referencing time, days or period for performance shall be deemed calendar da ys and not work days. The captions of the various sections are for convenience and ease of reference only, and do not define, limit, augment or describe the scope, content or intent of this Agreement.

31. Advice of Counsel. The parties agree that they are awa re that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and that the decision of whether to seek the advice of counsel with respect to this Agreement is a decision which is the sole responsibility of each of the parties hereto. This Agreement shall not be construed in favor or against either party by reason of the extent to which each party participated in the drafting of this Agreement.

32. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

33. Time. Time is of the essence in this contract.
14 34. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matters as set forth in this Agreement, and no other agreement, statement or promise made by or to any party or by or to any employee, officer or agent of any party, which is not contained in this Agreement shall be binding or valid.

IN WITNESS WHEREOF, Contractor and the City by their duly authorized representatives, have executed this Agreement, on the date first set forth above, at Marina, California.

CITY OF MARINA CONTRACTOR

________________________ _________________________ By: Layne Long, City Manager By: Megan Jones, Principal Date: , 2022 Date: , 2022

Approved as to
form:

By:

City Attorney

15 EXHIBIT A

Section 1 (a) SCOPE OF WORK -

[Include Work Schedule if required.]

16 -

17 18
19 20
21 22
23 24
25 26
27 28
29 30

31 32
33 34
35 36
37 A-1
38 EXHIBIT B

Section 3 (a) FEE SCHEDULE

39 Exhibit C - Insurance

Contractor agrees to provide insurance in accordance with the requirements set forth herein. If Contractor uses existing coverage to comply with these requirements and that coverage does not meet the requirements set forth herein, Contractor agrees to amend, supplement or endorse the existing coverage to do so. Contractor shall furnish the City with original certificates of insurance, manually autographed in ink by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by the City before any work commences. The City reserves its right to require complete, certified copies of all required insurance policies at any time. The following coverage will be provided by Contractor and maintained on behalf of the City and in accordance with the requirements set forth herein.

Commercial General Liability (primary). Commercial general liability insurance covering Contractor's operations (and products where applicable) is required whenever the City is at risk of third party claims which may arise out of Contractor's work or presence on City premises.

Contractual liability coverage is a required inclusion in this insurance.

General liability insurance coverage shall be at least as broad as ISO form CG 00 01 10 01 and approved in advance by the City Attorney and Risk Manager. Total limits shall be no less than one million dollars ($1,000,000) combined single limit per occurrence for general liability, bodily injury, personal injury and property damage. If commercial general liability insurance or other form with a general aggre gate limit is used, either the general aggregate limit shall apply separately to this Project or the general aggregate limit shall be two million dollars ($2,000,000).

Contractor must give written notice to the City of any pending claim, action or lawsuit which has or may diminish the aggregate. If any such claim or lawsuit exists, Contractor shall be required, prior to commencing work under this Agreement, to restore the impaired aggregate or prove it has replacement insurance protection to the satisfaction of the City Attorney and Risk Manager.

City, its Council, boards and commissions, officers, employees, agents and volunteers shall be added as additional insured, and the policy shall be endorsed with a form equivalent to ISO form CG 20 10 10 93, that contains the provisions required by this contract. Coverage shall apply on a primary, non-contributing basis in relation to any other insurance or self-insurance, primary or excess, available to the City or any agent of City. Coverage is not expected to respond to the claims which may arise from the acts or omissions of the City. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors' limitation endorsement. There shall be no endorsement or modification limiting the scope of coverage for liability arising from pollution, explosion, collapse, underground property damage or employment-related practices.

Umbrella Liability Insurance. Umbrella liability insurance (over primary) shall apply to bodily injury/property damage, personal injury/advertising injury, at a minimum, and shall include a “drop down” provision providing primary coverage above a maximum $25,000.00 self -insured retention for liabilit y not covered by primary policies but covered by the umbrella policy.

Coverage shall be following form to any underlying coverage.

Coverage shall be provided on a “pay on behalf” basis, with defense costs payable in addition to policy limits. There shall be no cross liability exclusion and no contractor's limitation endorsement. Policies limits shall be not less than one million dollars ($1,000,000) per occurrence and in the aggregate, above any limits required in the underlying policies shall have starting and ending dates concurrent with the underlying coverage.

40 Business Auto. Automobile liability insurance is required where vehicles are used in performing the work under this Agreement or where vehicles are driven off -road on City premises, it is not required for simple commuting unless City is paying mileage. However, compliance with California law requiring auto liability insurance is a contractual requirement.

If automobile insurance is required for work under this Agreement coverage shall be at least as broad as ISO form CG 00 01 10 01 including symbol 1 (Any Auto) approved by the City Attorney and Risk Manager. Coverage shall be endorsed to stated that the City, its Council, boards and commissions, officers, employees, agents and volunteers shall be added as additional insured with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible with a form equivalent to ISO form CG 20 10 10 93. Limits shall be no less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. Starting and ending dates shall be concurrent. If Contractor owns no autos, a non-owned auto endorsement to the commercial general liability policy described above is acceptable.

Workers’ Compensation/Employers’ Liability. Workers' Compensation and Employer's Liability insurance are not required for single-person contractors. However, under California law these coverages (or a copy of the State's Consent to Self -Insure) must be provided if Contractor has any employees at any time during the period of this Agreement. Policy(s) shall be written on a policy form providing workers’ compensation statutory benefits as required by law. Employers’ liability limits shall be no less than one million dollars ($1,000,000) per accident or disease and shall be scheduled under any umbrella policy described above. Unless otherwise agreed, policy(s) shall be endorsed to waive any right of subrogation as respects the City, its Council, boards and commissions, officers, employees, agents and volunteers.

Property Insurance. Property insurance, in a form and amount approved by the City Attorney and Risk Manager, is required for Contractors having exclusive use of premises or equipment owned or controlled by the City. City is to be named a Loss Payee “As Its Interest May Appear” in property insurance in which the City has an interest, e.g., as a lien holder. Fire damage legal liability is required for persons occupying a portion of City premises.

Errors and Omissions/Professional Liability. Errors and Omissions or professional liability coverage appropriate to Contractor's profession, in a form and amount approved by the City Attorney and Risk Manager, will be specified on a project -by-project basis if Contractor is working as a licensed professional. Contractor shall maintain such insurance for a period of five years following completion of the project. Such insurance shall be in an amount of not less than one million dollars ($1,000,000) per claim and in annual aggregate. Design professionals shall maintain such insurance in place until the expiration of the warranty period of the Project.

Contractor and City further agree as follows:

a) This Exhibit supersedes all other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit.

b) Nothing contained in this Exhibit is to be construed as affecting or altering the legal status of the parties to this Agreement. The insurance requirements set forth in this Exhibit are intended to be separate and distinct from any other provision in this Agreement and shall be interpreted as such.

41 c) All insurance coverage and limits provided pursuant to this Agreement shall apply to the full extent of the policies involved, available or applicable. Nothing contained in this Agreement or any other agreement relating to the City or its operations limits the application of such insurance coverage.

d) Requirements of specific coverage features or limits contained in this Exhibit are not intended as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.

e) For purposes of insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or toward performance of this Agreement.

f) All general or auto liability insurance coverage provided pursuant to this Agreement, or any other agreements pertaining to the performance of this Agreement, shall not prohibit Contractor, Contractor’s employees, or agents from waiving the right of subrogation prior to a loss. Contractor hereby waives all rights of subrogation against the City.

g) Contractor’s insurance shall be written by an acceptable insurance provided, as determined by the City, which satisfies the following minimum requirements: An insurance carried authorized and admitted to do business in the State of California and maintaining an agent for service of process within the state. Such insurance carrier shall maintain a current “A.M.

Best” rating classification of “A -“or better and a financial size of $10 million to $24 million (Class V) or better, or a Lloyds of London program provided by syndicates of Lloyds of London and other London insurance carriers, providing all participants are qualified to do business in California and the policy provides for an agent for process in the state. Self-insurance will not be considered to comply with these insurance specifications. Workers Compensation and Employer’s Liability shall be provided by an A-V rated carrier or by the California State Compensation Fund. If provided by a carrier other than California State Compensation Fund, Contractor shall provide proof of the carrier’s A-V rating to the City.

h) In the event any policy of insurance required under this Agreement does not comply with these requirements or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Contractor.

i) Contractor agrees to provide evidence of the insurance required herein, satisfactory to City Attorney and Risk Manager, consisting of certificate(s) of insurance evidencing all of the coverages required and an additional endorsement to Contractor’s general liability and umbrella liability policies. Certificate(s) are to reflect that the insurer will provide at least thirty days written notice of cancellation, material reduction in coverage or reduction in limits and ten days written notice for non-payment of premium. Contractor agrees to require its insurer to modify such certificates to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions. Contractor agrees to provide complete copies of policies to City within ten days of City's request for said copies.

42 j) Contractor shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. Any actual or alleged failure on the part of the City or any other additional insured under these requirements to obtain proof of insurance required under this Agreement in no way waives any right or remedy of City or any additional insured, in this or any other regard.

k) Contractor agrees to require all subcontractors or other parties hired for this Project to provide workers' compensation insurance as required herein and general liability insurance naming as additional insureds all parties to this Agreement. Contractor agrees to obtain certificates evidencing such coverage and make reasonable efforts to ensure that such coverage is provided as required here. Contractor agrees to require that no contract used by any subcontractor, or contracts Contractor enters into on behalf of City, will reserve the right to charge back to City the cost of insurance required by this Agreement. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor contracts with on behalf of City will be submitted to City for review. Contractor acknowledges that such contracts or agreements may require modification if the insurance requiremen ts do not reflect the requirements herein. Failure of City to request copies of such agreements will not impose any liability on City, its Council, boards and commissions, officers, employees, agents and volunteers.

l) If Contractor is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its Managers, Affiliates, employees, agents and other persons necessary or incidental to its operation are insureds.

m) Contractor agrees to provide immediate notice to City of any claim or loss against Contractor that includes City as a defendant. City assumes no obligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any such claim or claims if they are likely to involve the City.

n) Coverage will not be limited to the specific location or individual entity designated as the address of the Project. Contractor agrees to have its coverage endorsed so that all coverage limits required pursuant to this requirement are available separately for each and every location at which Contractor conducts operations of any type on behalf of City. Contractor warrants that these limits will not be reduced or exhausted except for losses attributable to those specific locations and not by losses attributable to any other operations of Contractor.

o) Contractor agrees not to attempt to avoid its defense and indemnity obligations to City, its Council, boards and commissions, officers, employees, agents and volunteers by using as a defense Contractor's statutory immunity under workers' compensation or similar statutes.

r) Contractor agrees to ensure that coverage provided to meet these requirements is applicable separately to each insured and that there will be no cross liability exclusions that preclude coverage for suits between Contractor and City or between City and any other insured or Named Insured under the policy, or between City and any party associated with City or its employees.

s) Contractor shall maintain commercial general liability, and if necessary, commercial umbrella liability insurance, with a limit of not less than one million dollars ($1,000,000) each occurrence for at least three years following substantial completion of the work. 43 July 11, 2022 Item No. 8g(3)

Honorable Mayor and Members City Council Meeting
of the Marina City Council of July 19, 2022

CITY COUNCIL CONS IDER ADOPTING RESOLUTION NO. 2022-,

AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF MARINA

AND THE COUNTY OF MONTEREY FOR THE USE OF THE COUNTY

OF MONTEREY ANIMAL SERVICES CENTER AND THE PROVISION
OF OTHER ANIMAL SERVICES.

REQUEST:

It is requested that the City Council:

1. Consider adopting Resolution No. 2022-, approving the Animal Service s Agreement between the City of Marina and the County of Monterey.

2. Authorize Animal Services Agreement with the County of Mon terey effective 07/01/202 2 through 06/30/2024

BACKGROUND:

The City of Marina has a duty and responsibility to protect and maintain the health , safety, and welfare of our residen ts, including the duty an d the responsibility to provide animal sheltering services pursuant to California an d lo cal law. To provide animal ser vices to the res idents of Marina, the City of Marina must enter into an agreement with the County of Monterey, utilizing the services provided by the County Animal Shelter.

ANALYSIS:

The original Agreement for Animal Shelter Services between the City of Marina and the County of M onterey expired 12/31/2021, as i t was ext ended from its original expiration date of 07/01/2021.

FISCAL IMPACT:

Sufficient funding for this agreement has been included in the FY 2022-23 Police Department General Fund Budget. This funding is based on actual services provided, at rates contained in Exhibit A of the agreement . This agr eement previously called for a flat monthly rate of $3,100, for up to 20 sheltered animal s. Sufficient funding will be in included in the Police Department budget for FY 2023-24 as part of the City of Marina’s next biennial budget cycle.

Additional fees may apply to the City of Marina on a case-by-case basis including veterinary exams and/or treatment as required, im mediate euthanasia of underaged or critically injured animals, owner notification letters, bite reports or any other costs that the County of M onterey incurs that are due to the City of Marina animals as indicated in the Cou nty of M onterey’s current fee sc hedule. Animals that need to be held over 10 days per direction from the City of Marina will be billed for each additional day over the 10 days, at the rate listed on the County of Monterey current fee schedule. Feral cats with kittens and kittens and pupp ies: If a feral cat is brought in by the City of Marina and has a litter of kittens while in the stray holding time, the City of Marina will not be billed additionally for those new animals. Where an animal is released to the owner and owner pays all fees related to the care of the animal, the City of Marina shall not be charged additionally for services provided to the animal. The City of Marina shall not be billed for the disposal of domestic animal carcasses. The County of Monterey will not accept, for disposal any large animals, wildlife, small wildlife, exotic animals, and livestock. 1 This request is submitted for City Council consideration and possible action.

Respectfully submitted,

_____________________________
Eddie Anderson
Patrol Operations Commander
City of Marina

REVIEWED/CONCUR:

_____________________________
Tina Nieto
Chief of Police
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 APPROVING

THE ANIMAL SERVICES AGREEMENT BETWEEN THE CITY OF MARINA AND THE COUNTY OF MONTEREY . AUTHORIZE ANIMAL SERVICES AGREEMENT WITH THE COUNTY OF MONTEREY EFFECTIVE 07/01/2022 THROUGH 06/30/2024,

WHEREAS, the City of Marina has a duty and responsibility to protect and maintain the health, safety, and welfare of our residents, including the d uty and the responsibility to provide animal sheltering services pursuant to California and local law; and

WHEREAS, the City of Salinas and the County of Monterey have consolidated animal services and with the onset of COVID, merged staff and animals into the County shelter at 160 Hitchcock Road, Salinas; the City of Salinas Animal Shelter is no longer being used for animal sheltering services.; and

WHEREAS, the original Agreement for Animal Shelter Services between the City of Marina and the County of Monterey expired 12/31/2021; and

WHEREAS, funding for this agreement is available within the FY 2022 -23 budget General Fund, Police Department Budget, Animal Sheltering Account No.100.210.000.6370.020 for a rate based only on services that are provided and not at a flat rate of $3,100 per month for up to 20 sheltered anima ls as in previous years.

WHEREAS, funding for this agreement for FY 202 3-24 will be included in the General Fund, Police Department Budget, Animal Sheltering Account No.100.210.000.6370.020

WHEREAS, the CITY desires to contract with the COUNTY for the provision of services at the Animal Services Center as described in Exhibit A.

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

1. Resolution No. 2022 -, approving the Animal Services Agreement between the City of Marina and the County of Monterey.

2. Authorize Animal Services Agreement with the County of Monterey effective 07/01/2022 through 06/30/2024

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on this 19th day of July 2022 by the following vote:

AYES, COUNCIL MEMBERS:

NOES, COUNCIL MEMBERS:

ABSTAIN, COUNCIL MEMBERS:

ABSENT, COUNCIL MEMBERS:

Bruce, C. Delgado, Mayor
ATTEST:

Anita Sharp, Deputy City Clerk

3 THIS AGREEMENT (“AGREEMENT”) FOR THE USE OF THE ANIMAL

SERVICES CENTER AND THE PROVISION OF OTHER ANIMAL SERVICES

IS BETWEEN THE COUNTY OF MONTEREY, A POLITICAL SUBDIVISION OF THE STATE OF CALIFORNIA (“COUNTY”), DOING BUSINESS AS THE

ANIMAL SERVICES DIVISION OF THE DEPARTMENT OF HEALTH, AND THE CITY OF MARINA (“CITY”). IT IS EFFECTIVE BETWEEN JULY 1, 2022, AND JUNE 30, 2024. COUNTY AND CITY ARE SOMETIMES REFERRED TO IN THIS AGREEMENT AS A “PARTY” OR, COLLECTIVELY, AS “THE PARTIES.”

RECITALS
WHEREAS, the COUNTY has established the Health Department Animal Services Center, located at 160 Hitchcock Road, Salinas, to shelter animals within the unincorporated areas of the county; and
WHEREAS, the CITY desires to contract with the COUNTY for the provision of services at the Animal Services Center as described below; and
WHEREAS, the COUNTY agrees to provide such services in accordance with the provisions of this Agreement, Title 8 of the Monterey County Code and applicable law.

NOW, THEREFORE, IT IS MUTUALLY AGREED AS FOLLOWS:

1. DEFINITIONS
Stray holding period, is the averaged minimum stray holding period of 5 days that COUNTY will hold an animal with no known owner information before determining final disposition.

Extended holding period is the 10-day hold that COUNTY will hold an animal for either bite quarantine or official owner notification before determining final disposition.

Domestic Animals include cats, dogs, rabbits, guinea pigs, hamsters, pot -bellied pigs, birds, lizards, snakes, turtles or tortoises, and other similar animals customarily kept as household pets. This definition shall not be construed to include exotic animals, livestock, large animals, or wildlife.

Exotic Animals are any animals that are not indigenous to Monterey County, are not livestock, and are not a household pet, whether domesticated or not, or protected or not. Exotic animals include nondomestic animals, animals native to a foreign country or of foreign origin or character, or animals that are not commonly kept as pets.

Large Animals are all animals exceeding 200 pounds in weight.

Livestock includes every horse, ass, burro, donkey, mule, equine creature, cow, bull, steer, heifer, ox, bovine creature, llama, sheep, goat, hog, and domesticated bird not customarily kept as household pets.

EXHIBIT A
4 Wildlife includes any animal that is indigenous to Monterey County, and not domesticated, protected or not. Wildlife does not include, among other animals, feral livestock, household pets or exotic animals.

2. ANIMAL SERVICES TO BE PROVIDED BY COUNTY
County’s responsibilities for shelter and veterinary services under this Agreement do not apply to exotic animals, large animals, livestock, or wildlife.

A. Program Management and Administration
COUNTY shall manage and administer the Animal Services Center to provide appropriate facilities, staffing, and record maintenance for the services set forth below.

B. Shelter Services and Disposition of Animals
COUNTY shall provide shelter at the Animal Services Center for stray domestic animals found within the incorporated boundaries of the CITY. Shelter services shall include the administrative tasks necessary for housing of such animals at the Animal Services Center, the care of animals during the holding period, and final disposal of animals through redemption, adoption, or humane euthanasia and disposal.

COUNTY shall shelter such animals received at the Animal Service Center in accordance with applicable state regulations, local ordinances, and policies governing humane treatment of animals.

C. Disposal of Domestic Animal Carcasses
Upon request from CITY, County shall arrange for the proper disposal of domestic animal carcasses.

D. Emergency Medical Treatment

1. Request: Upon prior written request and approval from CITY, COUNTY may arrange for emergency medical treatment of CITY domestic animals either at COUNTY’s veterinary clinic or with an outside veterinary clinic with which COUNTY has a current contract for the provision of medical services. Where, due to the exigent nature of circumstances , prior written request is not possible without endangering the well-being of the animal, COUNTY will make every effort to confirm an oral request for veterinary treatment made by a CITY, in writing, as soon as possible.

2. Payment/Rates: COUNTY shall bill CITY for the emergency medical services provided at (1) the current Board -approved rates in Exhibit A for care provided by COUNTY’s veterinary clinic or (2) contract rates for care provided by contract veterinary clinics. Where treatmen t is needed, in the judgment of the COUNTY’s contract veterinary clinics, which exceeds $150.00, CITY shall provide written authorization to the COUNTY to provide those services before they are rendered, as long as it does not endanger the well-being of the animal.

5 3. Transportation to COUNTY contract veterinary clinics:
a. Where an animal requiring emergency medical treatment is in COUNTY’s custody at the Animal Services Center, COUNTY
staff shall transport the animal to the veterinary clinic. Selection of the veterinary clinic to provide emergency medical treatment shall be in the sole discretion of COUNTY. CITY may be
responsible for that transport fee (Exhibit A)

b. Where an animal requiring emergency medical treatment is not in COUNTY’s custo dy at the Animal Services Center, CITY staff shall request COUNTY for emergency medical services to be provided to animal and CITY staff shall pick up and transport the animal directly to the COUNTY’s contract veterinary clinic. Selection of the veterinary clinic to provide emergency medical treatment shall be in the sole discretion of COUNTY. COUNTY shall notify the contract veterinary clinic that an animal is being delivered for the provision of medical services pursuant to COUNTY contract. CITY will be responsible for reimbursement of that fee to COUNTY.

4. Alternatively, CITY may independently procure its own arrangements for emergency medical treatment for animals needing such care in its jurisdiction.

After an animal is treated and in stable condition, CITY may deliver the animal to the COUNTY for shelter services at the Animal Services Center. CITY must provide a written medical report and care instructions to COUNTY staff prior to leaving the animal at shelter to determine that the animal ca n be humanely housed for required holding time.

5. During evenings, holidays and weekends, COUNTY shall contact the CITY at a designated, after-hours telephone number to receive verbal authorization for emergency treatment, if warranted.

E. Rabid Animals
COUNTY shall perform the following rabid animal services for all types of animals:

1. Transport tissue to the County Health Department or contract lab for testing;

2. Dispose remains of rabid animals;

3. Report rabid animal incidents to appropriate agencies.

4. When required, COUNTY shall de-brain the animal, or shall coordinate de- braining of the animal, for testing by the County Health Department;

5. CITY shall be responsible for the cost of decapitation, de-braining and transfer to testing facility as required for laboratory testing, at a rate identified in Exhibit A per animal for animals found within the incorporated boundaries of the CITY.

F. Quarantine
COUNTY shall manage the quarantine of biting domestic animals within the incorporated boundaries of the CITY pursuant to state regulations and local ordinances. COUNTY shall manage the suspected rabies quarantine of domestic 6 animals brought in by the CITY up to the ten -day holding period required by Monterey Code section 8.32.010B(1) (rabies/suspected rabies quarantine). In addition, COUNTY shall be responsible for keeping required records and reporting of information to the State Department of Health.

1. CITY shall be responsible for extended holding period fees for animals that are required to be housed up to 10 days for purposes of quarantine

G. Reports
COUNTY shall provide CITY with quarterly report accompanying invoices that include:

1. Total number of animals provided with shelter services and veterinary services.

2. Disposition or outcome of each animal.

3. Credit given for animals returned to their owners.

H. Field Services
Field Services—such as picking up domestic animals running at large, conducting investigations of potentially dangerous and vicious dogs, conducting bite investigations, responding to nuisance complaints (e.g., barking dogs), or checking on possible instances of neglect or inhumane treatment of animals when they occur within CITY limits—shall not be provided to CITY by COUNTY.

I. "Good Samaritan"
When domestic animals are found within the incorporated boundaries of the CITY and are brought to the COUNTY by “Good Samaritans,” (citizens who do not own the stray animal but have delivered it for care and medical treatment), COUNTY shall obtain the following information and notify the City of Marina Animal Control Officer relative to;
a. Where the animal was found
b. If animal is injured, how the animal was injured (if known) c. Whether the animal has any identification
d. Whether the owner is known.
e. Current contact information for Good Samaritan.

If the animal is determined by COUNTY to come from within the incorporated boundaries of the CITY, CITY shall be responsible for shelter, care and veterinary treatment, if any, provided by COUNTY pursuant to the terms of this Agreement.

J. Animals Surrendered by Owner
When CITY accepts an animal from it’s owner as surrendered, it shall provid e to COUNTY at the time of impound a copy of signed release form, with complete owner information, along with reason for surrender. Surrendered animals brought to COUNTY facility by CITY will be charged at same rate as stray animals with no known owner.

3. CITY RESPONSIBILITIES FOR ANIMAL SERVICES

A. Prosecution of Case Violations
The CITY Attorney may exercise the discretion vested in his or her office to prosecute violations of the City Animal Ordinance and may take appropriate legal 7 action with respect to the abatement of violations of the City Animal Ordinance involving animals occurring within City’s corporate limits. COUNTY shall not bear responsibility for prosecuting violations of the City Animal Ordinance occurring within the incorporated boundaries of the CITY.

1. CITY will notify COUNTY in the event that animals brought in for sheltering are part of legal action that may require extended holding due to legal action and CITY will be responsible for extended holding.

B. Exotic Animals, Large Animal, Wildlife, and Livestock Services

1. CITY shall provide all services related to large animals, wildlife, small wildlife, exotic animals, and livestock.

2. COUNTY shall provide services related to rabies per Section 2.E of this Agreement both within CITY limits and in unincorporated areas of the COUNTY.

C. Cooperate with and Assist COUNTY
To facilitate the performance of the foregoing functions, it is hereby agreed that the COUNTY shall have the full cooperation and assistance from the CITY, its officers, agents and employees.

4. COOPERATION
A. CITY and COUNTY staff shall meet once per year to discuss program needs.

B. Upon request from CITY, COUNTY may provide training to CITY staff on topics of interest to CITY. CITY may be responsible for any costs associated with training.

5. TERM AND TERMINATION
A. Term
This Agreement shall be effective on July 1, 2022 and shall terminate on June 30, 2024, unless sooner terminated pursuant to the terms of this Agreement.

B. Termination
During the term of this Agreement, either party may terminate the Agreement by giving written notice of termination to the other party at least sixty (60) days before the effective date of termination. Such notice shall set forth the effective date of termination. In the event of such termination, the amount payable under this Agreement shall be based on the services rendered by the COUNTY before the termination date.

6. PAYMENT
A. The CITY shall pay fees for services according to “Exhibit A”, attached.

7. MUTUAL INDEMNIFICATION
A. CITY hereby agrees to indemnify, defend, and save harmless COUNTY and its officers, agents, and employees, to the extent permitted by applicable law, from and against all claims and/or losses whatsoever accruing or resulting to any person, firm, 8 or corporation for damages, injury, or death occurred by reason of any act or failure to act by CITY or CITY’s officers, agents, and employees in connection with the performance of this Agreement.

B. COUNTY hereby agrees to indemnify, defend, and save harmless CITY and its officers, agents, and employees, to the extent permitted by applicable law, from and against all claims and/or losses whatsoever accruing or resulting to any person, firm, or corporation for damages, injury, or death occurred by reason of any act or failure to act by COUNTY or COUNTY’s officers, agents, and employees in connection with the performance of this Agreement.

8. INSURANCE
A. Without limiting COUNTY ’s or CITY’s duty to indemnify each other, each party shall have a program of self -insurance or policies of insurance in effect during the term of this Agreement with the following minimum limits of liability:

1. Commercial general liability, including but not limited to premises, personal injuries, products, and completed operations, with a combined single limit of not less than $1,000,000 per occurrence; and

2. Comprehensive automobile liability covering all motor vehicles, including owned, leased, non-owned, and hired vehicles, used in providing services under this Agreement, with a combined single limit of not less than $500,000 per occurrence; and

3. Workers’ compensation insurance in accordance with California Labor Code, Section 3700, and with a minimum of $100,000 per occurrence for employer’s liability.

B. In the event that a party maintains insurance as required by this Agreement, such insurance shall be with the company acceptable to the parties to this Agreement and authorized by law to conduct 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 a coverage required herein shall continue in effect for a period of two (2) years following the date any party to this Agreement completes its performance of services under this Agreement.

Each liability policy shall provide that the COUNTY and CITY shall be given notice in writing at least thirty (30) days in advance of any change, cancellation, or non - renewal there of. Each policy shall provide identical coverage for each subcontractor, if any, performing work under this Agreement, or be accompanied by a certificate of insurance showing each subcontractor has identical coverage.

Prior to the execution of the Agreement by the COUNTY, the CITY shall file certificates of insurance or self-insurance with Monterey County Risk Management Officer, showing that all parties have in effect the insurance required by this Agreement. The CITY shall file a new or amended certificate of insurance or self - insurance promptly after any change is made to any insurance policy or program of self-insurance, which would alter the information of the certificate then on file. 9 Acceptance or approval of insurance or program of self -insurance shall in no way modify or change the indemnification clause in this Agreement, which shall continue in full force and effect.

9. EQUAL OPPORTUNITY
During the performance of this Agreement, the parties shall not unlawfully discriminate against any person because of race, color, religion, sex, national origin, ancestry, physical disability, medical condition, marital status, age (over 40), or sexual preference, either in the parties’ employment practices or in the furnishing of services to recipients. The parties shall ensure that the evaluation and treatment of its employees and applicants for employment and all person receiving and requesting services are free of such discrimination. The parties shall, during the performance of this Agreement, fully comply with all federal, state, and local laws and regulations which prohibit discrimination.

10. EMPLOYEE STATUS
A. All persons employed in the performance of services to be provided by COUNTY as described in this Agreement shall be COUNTY employees. No current CITY employee shall become COUNTY employee by reason of this Agreement and no COUNTY employee performing services hereunder shall have CITY pension or CITY civil service status or rights.

11. RECORDS AND AUDITING REQUIREMENTS

The parties shall prepare, maintain, and preserve all reports and records that may be required by federal, state, and County rules and regulation and shall maintain such records for a period of at least three (3) years after receipt of final payment under this Agreement.

If any litigation, claim, negotiation, audit exception, or other action relating to this Agreement is pending at the end of the three (3) year period, then the parties shall retain said records until such violation is resolved.

12. GENERAL PROVISIONS

A. Amendment
This Agreement may be amended or modified only by an instrument in writing and signed by all parties hereto.

B. Governing Law
This agreement shall be governed by and interpreted under the laws of the State of California. Venue of litigation arising under this Agreement, if any, shall be in the Superior Court of California, Monterey County.

C. Compliance with Applicable Law
The parties shall comply with all applicable federal, state, and local laws and regulations in performing this Agreement.

10 D. Construction of Agreement

The parties agree that each party has fully participated in the review and revision of this Agreement that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any amendment thereto.

E. Waiver
Any waiver of nay terms and conditions of this Agreement must be in writing and signed by the COUNTY and CITY. Any waiver of any of the terms and conditions of this Agreement shall not be construed as a waiver of any other terms or conditions of this Agreement.

F. Integration
This Agreement, including the exhibits hereto, shall represent the entire Agreement between the parties with respect to the subject matter hereof and shall supersede all prior negotiations, representations, or agreements, either written or oral, between the parties as of the effective date hereof. This Agreement may only be amended in writing, executed by both parties.

G. Notices
Any notices required to be given pursuant to the terms and provisions hereof shall be in writing and shall be sent by certified or registered mail to the COUNTY and CITY at:

UNTY CITY
Director of Health or
Designee
Chief of Police
1270 Natividad Road 211 Hillcrest Avenue
Salinas, CA 93906 Marina, CA 93933

****Signature page to follow****

11 IN WITNESS WHEREOF, COUNTY and CITY have executed this Agreement as of the day and year first above written.

MONTEREY COUNTY CONTRACTOR – CITY OF MARINA
By:

Contracts/Purchasing Officer Signature of Chair, President, or Vice-President
Dated:

Printed Name and Title

Dated:

Department Head (if applicable)

Dated:

By:
(Signature of Secretary, Asst. Secretary, CFO,
Treasurer or Asst. Treasurer)*
Approved as to Fiscal Provisions:

Printed Name and Title
Deputy Auditor/Controller
Dated:

Dated:

Approved as to Liability Provisions:

Risk Management

Dated:

Approved as to Form:

Deputy County Counsel

Dated:

*INSTRUCTIONS: If CONTRACTOR is a corporation, including limited liability and non -profit corporations, the full legal name of the corporation shall be set forth above together with the signatures of two specified officers. If CONTRACTOR is a partnership, the name of the partnership shall be set forth above together with the signature of a partner who has authority to execute this Agreement on behalf of the partner ship. If CONTRACTOR is contracting in an individual capacity, the individual shall set forth the name of the business, if any, and shall personally sign the Agreement. 12 AGREEMENT FOR USE OF THE ANIMAL SERVICES CENTER

AND OTHER ANIMAL SERVICES BY MONTEREY COUNTY AND THE CITY OF MARINA
Fiscal Year 2022-2023
City of Marina Animal Services Agreement 2022-24 Page 10 of 12

Exhibit A

1. Fees for Services
The CITY shall be billed the fees listed below for stray or surrendered animals found within the incorporated boundaries of the CITY and admitted to the Animal Services Center.

Where an animal is returned to the owner and owner pays fees related to the board/care of the animal, CITY shall not be charged for duplicate fees collected for services provided to the animal and will be issued a credit for the fees paid by owner to reduce overall invoice.

Fees for Services

Stray/Surrendered animal holding (up to 5 days) $239.00 per animal * Extended holding (up to 10 days) $439.00
per animal
Additional holding over 10 days $40.00 per day

*In the event that a pregnant stray animal admitted to the shelter subsequently deliver its litter while in custody of the COUNTY, CITY will be billed only the rate of $239.00 and COUNTY will assume responsibility of the litter at no additional cost to CITY.

However, in the event that a stray animal is brought in with its live litter, CITY will be billed $239.00 for each live stray animal brought in.

Domestic Animal Carcass disposal $25.00
per animal
Emergency Medical Treatment Transportation $112/officer/hour

13 AGREEMENT FOR USE OF THE ANIMAL SERVICES CENTER

AND OTHER ANIMAL SERVICES BY MONTEREY COUNTY AND THE CITY OF MARINA
Fiscal Year 2022-2023
City of Marina Animal Services Agreement 2022-24 Page 11 of 12

`
14 AGREEMENT FOR USE OF THE ANIMAL SERVICES CENTER

AND OTHER ANIMAL SERVICES BY MONTEREY COUNTY AND THE CITY OF MARINA
Fiscal Year 2022-2023
City of Marina Animal Services Agreement 2022-24 Page 12 of 12

15 ORDINANCE NO. 2022-__
AN ORDINANCE AMENDING CHAPTER 17, ARTICLE 4, BY ADDING A NEW SECTION 17.45, “REASONABLE ACCOMMODATIONS FOR
PERSONS WITH DISABILITIES”, TO THE MARINA MUNICIPAL CODE -oOo-

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

1. To follow the Fair Employment and Housing Act (Cal. Gov. Code § 12900 et seq.) and t o implement Program 8.1 of the City ’s Housing Element , the City shall adopt an ordinance that provides a procedure to request reasonable accommodation for persons w ith disabilities seeking equal access to housing under the Fair Housing Laws in the application of zoning laws, building codes, and other land use regulations, policies and procedures.

2. An amendment to the City of Marina’s Municipal Code is needed to ensur e compliance with State law.

3. Chapter 17, Article 4. Chapter 17, Article 4, entitled “Regulations and Standards Applicable to All Zones ” is hereby amended by addi ng a new Section, Sec tion 17.45 “Reasonable Accommodations for Person s with Disabiliti es”, to the Municipal Code to re ad as set forth on the attached Exhibit “A,” and incorporated herein by this reference thereto.

4. Environmental. In acc ordance with the California Environmental Quality Act (CEQA), staff finds that this ordinance is not s ubject to Calif ornia Environmental Quality Act (CEQA) pursuant to the Stat e CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, Sections : 15060(c)(2), because the proposed ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment; and 15061(b)(3), because the proposed ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the env ironment. Therefore, the adoption of this ordinance is exempt from CEQA and no further environmental review is necessary.

Agenda Item: 8l(1)
City Council Meeting of
July 19, 2022
1 5. Effective Date. This Ordinance shall be in full force and effect on thirty (30) days after its final passage and adoption.

6. Severability. If a ny portion of t his Ordinance is found to be unconstitutional or invalid the City Council hereby declares that it would have enact ed the re mainder of this Ordinance regardless of the absence of any such invalid part.

7. Posting of Ordinance . W ithin fifteen ( 15) days afte r the passage of this Ordinance, the City Clerk shall cause it to be poste d in the three (3) public p laces designated by resolution of the City Council.

The foregoing Ordinance was introduced at a regular meeting of the City Co uncil of the City of Marina duly held on July 6, 2022, and was passed and adopted at a regular mee ting duly held on July 19, 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

2 Exhibit “A”

Chapter 17.45

REASONABLE ACCOMMODATION FOR PERSONS WITH DISABILITIES

Sections:

17.45.010 Purpose and applicability.

17.45.020 Application submittal.

17.45.030 Review authority.

17.45.040 Findings.

17.45.050 Decision.

17.45.060 Appeals.

17.45.070 Waiver of time periods.

17.45.080 Notice of public availability of accommodation process.

17.45.090 Expiration, time extension, violation, discontinuance, and revocation.

17.45.110 Amendments.

17.45.010 Purpose and applicability.

A. This chapter provides a procedure to request reasonable accommodation for persons with disabilities seeking equal access to housing under the Fair Housing Laws in the application of zoning laws, building codes, and other land use regulations, policies and procedures. Fair Housing Laws means “Fair Housing Amendments Act of 1988” (42 U.S.C. § 3601 et seq.), including reasonable accommodation required by 42 U.S.C. § 3604(f)(3)(B), and the “California Fair Employment and Housing Act” (California Government Code Section 12900 et seq.), including reasonable accommodation required specifically by California Government Code Sections 12927(c)(1) and 12955(l), as any of these statutory provisions now exist or may be amended from time to time.

B. A request for reasonable accommodation may be made by any person with a disability, his/her representative, or any business or property owner when the application of a zoning law, building code provision or other land use regulation, policy or practice acts as a barrier to fair housing opportunities. A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment, as those terms are defined in the Fair Housing Laws.

C. A request for reasonable accommodation may include a request for modification or exception to the rules, standards and practices for the siting, development and use of housing or housing related facilities that would eliminate regulatory barriers and provide a person with a disability equal opportunity to housing of their choice.

Requests for reasonable accommodation shall be made in the manner prescribed by this chapter.

D. It is the intent of this chapter that, notwithstanding time limits provided to perform specific functions, application review, decision making and appeals proceed expeditiously, especially where the request is time sensitive, so as to reduce impediments to equal access to housing.
3 17.45.020 Application submittal.

A. Any person with a disability, or his or her representative, may request reasonable accommodation on a form supplied by the community development department. The request shall include the following information, and be accompanied by a fee established by resolution of the city council:

1. The applicant’s or representative’s name, mailing address and daytime phone number.

2. The address of the property for which the request is being made.

3. The specific code section, regulation, procedure or policy of the city from which relief is sought.

4. A site plan or illustrative drawing showing the proposed accommodation.

5. An explanation of why the specified code section, regulation, procedure or policy is preventing, or will prevent, the applicant’s use and enjoyment of the subject property.

6. The basis for the claim that Fair Housing Laws apply to the individual(s) and evidence satisfactory to the city supporting the claim. Evidence may include a letter from a medical doctor or other licensed health care professional, a disabled license, or any other relevant evidence.

7. A detailed explanation as to why the accommodation is reasonable and necessary to afford the applicant an equal opportunity to use and enjoy a dwelling in the city.

8. Verification by the applicant that the property is the primary residence of the person(s) for whom reasonable accommodation is requested.

9. Other information required by the city to make the findings required by subsection (17.47.040) of this section consistent with the Fair Housing Laws.

B. A request for reasonable accommodation may be filed at any time the accommodation may be necessary to ensure equal access to housing. If the project for which the request for reasonable accommodation is being made also requires discretionary approval, the applicant shall provide required submittal information to the city together with the application for discretionary approval and shall pay all applicable fees. These materials shall enable the city to concurrently review the accommodation request and the discretionary approval request. Processing procedures for the discretionary approval request shall govern joint processing of both the reasonable accommodation and the discretionary permit.

C. Reasonable accommodation does not affect or negate an individual’s obligations to comply with other applicable regulations not at issue or related to the requested accommodation.

D. If an individual needs assistance in making the request for reasonable accommodation, the city shall provide assistance to ensure the process is accessible.
4 E. Should the request for reasonable accommodation be made concurrently with a discretionary permit, the fee for a reasonable accommodation application may be waived; provided, that the prescribed fee shall be paid for all other discretionary permits.

17.45.030 Review authority.

A. Applications for reasonable accommodation shall be reviewed by the community development director (director) when no approval is sought other than the request for reasonable accommodation.

B. Applications for reasonable accommodation submitted for concurrent review with any discretionary land use application shall be reviewed by the authority governing the discretionary land use application.

17.45.040 Findings. The review authority shall approve the request for a reasonable accommodation if, based upon all of the evidence presented, the following findings can be made:

A. The housing, which is the subject of the request for reasonable accommodation, will be occupied by an individual with disabilities protected under Fair Housing Laws.

B. The requested accommodation is reasonable and necessary to make housing available to an individual with disabilities protected under the Fair Housing Laws.

C. The requested accommodation will not impose an undue financial or administrative burden on the city, as defined in the Fair Housing Laws and interpretive case law.

D. The requested accommodation will not require fundamental alteration or frustrate application of the city’s zoning or building laws, policies and/or procedures, as defined in the Fair Housing Laws and interpretive case law. The city may consider, but is not limited to, the following factors to determine whether the requested accommodation would fundamentally alter or frustrate application of the city’s zoning or building program:

1. Whether granting the accommodation would fundamentally alter the character of the neighborhood.

2. Whether granting the accommodation would result in a substantial increase in traffic or insufficient parking.

3. Whether granting the accommodation would substantially undermine any express purpose of either the city’s general plan or an applicable specific plan.

17.45.050 Decision.

A. The review authority shall consider the application, and issue a written determination within 40 calendar days of the date of receipt of a completed application. At least 10 calendar days before issuing a written determination on the application, the city shall mail notice to the applicant and adjacent property owners that the city is considering the application and invite written comments as to the requested accommodation. 5 B. If necessary to reach a determination on any request for reasonable accommodation, the review authority may request further information from the applicant or others consistent with this chapter, specifying in detail what information is required. If a request for further information is made of the applicant, the time period to issue a written determination shall be stayed until the applicant responds to the request.

C. The review authority’s written decision shall include findings and conditions of approval. The applicant shall be given notice of the right to appeal, and the right to request reasonable accommodation related to the appeal process. The review authority’s decision shall be mailed to the applicant, to any person who provided written or verbal comment on the application, and to any other person who requests notice.

D. Any approved reasonable accommodation shall be subject to any conditions imposed on the approval consistent with the purposes of this section.

E. The review authority may approve alternative accommodations that provide equivalent and reasonable levels of benefit to the applicant.

F. The written decision of the reviewing authority shall be final, unless appealed as set forth below.

G. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the property subject to the request shall remain in full force and effect.

H. Where improvements or modifications approved through a reasonable accommodation would generally require a variance, a variance shall not be required.

17.45.060 Appeals.

A. Any decision on a reasonable accommodation request may be appealed to the city council, which appeal must be received by the city within 10 calendar days of the issuance of a written decision.

B. The appeal shall be in writing and shall include a statement of the grounds for appeal, and be accompanied by a fee established by resolution of the city council. If an individual needs assistance in filing an appeal, the city shall provide assistance to ensure the appeals process is accessible.

C. The city council shall hear the matter de novo, and shall render a determination as soon as reasonably practicable, but in no event later than 60 calendar days after an appeal has been filed. All determinations shall address and be based upon the same findings required to be made in the original determination from which the appeal is taken.

D. The city shall provide notice of an appeal hearing to the applicant, adjacent property owners, and any other person requesting notification at least 10 calendar days prior to the hearing. The council shall announce its findings within 40 calendar days of the hearing, unless good cause exists for an extension. The decision shall be mailed to the applicant and to any other person who requests notice at the time of the hearing.

The council’s action shall be final.

6 17.45.070 Waiver of time periods. Notwithstanding any provisions in this chapter regarding the occurrence of any action within a specified period of time, an applicant may request additional time beyond that provided for in this chapter or may request a continuance regarding any decision or consideration by the city of a pending appeal. The city may, in its sole discretion, grant or deny any such request for extension or continuance. The granting of an extension of time or continuance shall not be deemed delay on the part of the city, shall not constitute failure by the city to provide prompt decisions on applications and shall not be a violation of any required time period set forth in this chapter.

17.45.080 Notice to the Public of Availability of Accommodation Process. The city shall prominently display in the public areas of the community development department at City Hall a notice advising those with disabilities or their representatives that reasonable accommodations are available in accord with this chapter. City employees shall direct individuals to the display whenever requested to do so or if they reasonably believe individuals with disabilities or their representatives may be entitled to reasonable accommodation.

17.45.090 Expiration, Time Extension, Violation, Discontinuance, and Revocation.

A. Any reasonable accommodation approved in accordance with the terms of this chapter shall expire within 24 months from the effective date of approval or at an alternative time specified as a condition of approval unless:

1. A building permit has been issued and construction has commenced;

2. A certificate of occupancy has been issued;

3. The use is established; or

4. A time extension has been granted.

B. The director may approve a time extension for reasonable accommodation for good cause for a period or periods not to exceed three years. Application for a time extension shall be made in writing to the community development department no less than 30 days or more than 90 days prior to the expiration date.

C. Notice of the director’s decision on a time extension shall be mailed to the applicant.

D. Any reasonable accommodation approved in accordance with the terms of this chapter may be revoked if any condition or term of the reasonable accommodation is violated, or if any law or ordinance is violated in connection therewith. Notice of revocation shall be mailed to the applicant and to the owner of any property affected by the accommodation. Upon revocation, the director may require any physical alteration associated with the reasonable accommodation to be removed or substantially conform to the code, as may be reasonably feasible.

E. An accommodation is granted only to an individual. The accommodation shall not run with the land unless the director expressly finds the modification is physically integrated on the property and cannot feasibly be removed or altered. Any change in use or circumstances that negates the basis for the grant of approval may render the reasonable accommodation null and void and/or revocable by the city. Thereafter the director may require the reasonable accommodation to be removed or substantially conformed to the code if reasonably feasible.
7 17.45.110 Amendments. A request for changes in conditions of approval of a reasonable accommodation, or a change to plans that affects a condition of approval shall be treated as a new application and shall be processed in accordance with the requirements of this chapter.

The director may waive the requirement for a new application and approve the changes if the changes are minor, do not involve substantial alterations or addition to the plan or the conditions of approval, and are consistent with the intent of the original approval.

8 ORDINANCE NO. 2022-__
AN ORDINANCE AMENDING CHAPTER 17, ARTICLE 5, BY ADDING A NEW SECTION

17.49, “LOW-BARRIER NAVIGATION CENTER”, TO THE MARINA MUNICIPAL CODE -oOo-

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

1. In 2019, the State legislature adopted Assembly Bill (AB) 101 creating a path for local jurisdictions to allow L ow-Barrier Navigation Centers by right in certain zoning districts.

This legislation is intended to provide for a service-enriched shelter focused on moving peopl e into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. This legislation is codified in Ca. Gov. Code §§65660 – 65668.

2. An amendment to the City of Marina’s Municipal Code is needed to ensure compliance with State law.

3. Chapter 17, Ar ticle 5 . Chapter 17, Article 5, entitled “Regulations for Specific Land Uses” is hereby amended by adding a new Section, Section 17.49 “Low-Barrier Navigation Center”, to the Municipal Code to read as set forth on the attached Exhibit “A,” and incorporated herein by this reference thereto.

4. Environmental. In acc ordance with the California Environmental Quality Act (CEQA), staff finds that this ordinance is not subject to Calif ornia Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, Sections : 15060(c)(2), because the proposed ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment; 15061(b)(3), because the proposed ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the en vironment. Therefore, the adoption of this ordinance is exempt from CEQA and no further environmental review is necessary.

Agenda Item: 8l(2)
City Council Meeting of
July 19, 2022
1 5. Effective Date. This Ordinance shall be in full force and effect on thirty (30) days after its final passage and adoption.

6. Severability. If a ny portion of this Ordinance is found to be unconstitutional or invalid the City Council hereby declares that it would have enact ed the re mainder of this Ordinance regardless of the absence of any such invalid part.

7. Posting of Ordinance . W ithin fifteen ( 15) days after the passage of this Ordinance, the City Clerk shall cause it to be posted in the three (3) public p laces designated by resolution of the City Council.

The foregoing Ordinance was introduced at a regular meeting of the Cit y Council of the City of Marina duly held on July 6, 2022, and was passed and adopted at a regular meeting duly held on July 19, 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

2 Exhibit “A”

Chapter 17.49

LOW-BARRIER NAVIGATION CENTER

Sections:

17.49.010 Purpose and intent.

17.49.020 Definition.

17.49.030 Applicability.

17.49.040 Permit required.

17.49.050 Development and Operational Standards.

17.49.010 Purpose and intent.

The purpose of this chapter is to establish development standards for low-barrier navigation centers (LBNC) and to ensure this use is constructed and operated in a manner that is consistent with the requirements and allowances of state law, specifically Article 12 of Chapter 3 of Division 1 of Planning and Zoning Law commencing with California Government Code Section 65660.

17.49.020 Definitions.

1. “Low-Barrier Navigation Center” (LBNC) is a housing-first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing. “Low barrier” means best practices to reduce barriers to entry, and may include, but is not limited to, the following:

A. The presence of partners if it is not a population -specific site, such as for survivors of domestic violence or sexual assault, women, or youth.

B. Pets.

C. The storage of possessions.

D. Privacy, such as partitions around beds in a dormitory setting or in larger rooms containing more than two beds, or private rooms.

2. “Use, by right” has the meaning defined in subdivision (i) of Section 65583.2. Division 13 (commencing with Section 21000) of the California Public Resources Code shall not apply to actions taken by a public agency to lease, convey, or encumber land owned by a public agency, or to facilitate the lease, conveyance, or encumbrance of land owned by a public agency, or to provide financial assistance to, or otherwise approve, a Low-Barrier Navigation Center constructed or allowed by this section.

17.49.030 Applicability.

The provisions of this chapter shall apply to all low-barrier navigation center projects proposed in mixed- use and nonresidential zoning districts that allow multi-family uses (C-R, C-1, and C-2).

17.49.040 Permit required.

Zoning clearance approval is required prior to establishment of any LBNC project meeting the criteria in Sec. 17.49.050. The permit shall be a ministerial action without discretionary review or a hearing. The City shall notify a developer whether the developer’s application is complete within 30 days, pursuant to California Government Code Section 65943. Action shall be taken within 60 days of a complete application being filed.
3 17.49.050 Development and Operational Standards.

A low -barrier navigation center development is a use by -right in areas zoned fo r mi xed-use and nonresidential zones permitting multifamily uses, if it meets the following requirements:

A. Connected Servic es. It offers serv ices to connect people to permanent housing through a services plan that identifies services staffing.

B. Coordinated Entry System. It is linked to a coordinated entry system, so that staff in the interim facility or staff who co -locate in the facility may conduct assessments and provide services to connect people to permanent housing. “Coordinated entry system” means a ce ntralized o r coordinated assessment system developed pursuant to Section 576.400(d) or Section 578.7(a)(8), as applicabl e, of Title 24 of the Code of Federal Regulations, as those sections read on January 1, 2020, and any related requirements, designed to coordinate program participant intake, assessment, and referrals.

C. Code Compliant. It complies with Chapter 6.5 (commen cing with Section 8255) of Division 8 of the Welfare and Institutions Code.

D. Homeless Management Information System . It has a system fo r entering information regarding client stays, client demographics, client income, and exit destination through the loca l Homeless Management Information System, as defined by Section 578.3 of Title 24 of the Code of Federal Regulations.

4 June 14, 2022 Item No. 9a
Honorable Mayor and Members
of the Marina City Council
City Council Meeting
of July 19, 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 Continued from June 21, 2022
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 Property 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 19th day of July 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, 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 the time, the Armstrong Family.

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

Marina City CouncilJuly 19, 2022

Marina City Council
July 19, 2022