Marina City Council
September 7, 2022

AGENDA

Wednesday, September 7, 2022 5:00 P.M. Closed Session
6:30 P.M. Open Session

REGULAR MEETING

CITY COUNCIL, AIRPORT COMMISSION,

MARINA ABRAMS B NON-PROFIT CORPORATION, PRESTON PARK SUSTAINABLE

COMMUNITY NON-PROFIT CORPORATION, SUCCESSOR AGENCY OF THE FORMER

MARINA REDEVELOPMENT AGENCY AND MARINA GROUNDWATER

SUSTAINABILITY AGENCY

Council Chambers
211 Hillcrest Avenue
Marina, California

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

In accordance with California Government Code §54953(e)(1)(A) and (C) and the Proclamation of a State of Emergency issued by Governor Newsom on March 4, 2020, under the provisions of G overnment 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 determin ed in Resolution 2022-105, public participation in City of Marina City Council public meetings shall be electronic only and without a physical location for public participation until the earlier of May 31, 2022, or such time as the City Council may ado pt a resolution in accordance with Government Code §54953(e)(3). This meeting is being broadcast “live” on Access Media Productions (AMP) Community Television Cable 25 and on t he City of Marina Channel and on the i nternet at https://accessmediaproductions.org/

PARTICIPATION
You may participate in the City Council meeting in real-time by calling Zoom Meeting via the weblink and phone nu mber provided at the top of th is agenda. Instructions on how to acce ss, view a nd participate in remote meetings are provided by visiting the City’s home page at https://cityofmarina.org/. Attendees can make oral c omments during the meeting by using the “Raise Your Hand” feature in the webinar or by pressing *9 on your telephone keypad if joining by phone only. 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 comments 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 m ade available on the City of M arina website www.cityofmarina.org subject to City staff’s ability to post the documents before the meeting

Agenda for City Council Meeting of Wednesday, September 7, 2022 Page 2

VISION STATEMENT
Marina will grow and mature from a small tow n bedroom com munity 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 a nd 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 housin g, jobs and business opportuni ties that will result in a community characterized 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

2. ROLL CALL & ESTABLISHMENT OF QUORUM: (City Council, Airport Commissioners, Marina Abrams B Non -Profit Corporation, Preston Park Sustainable Communities Nonpr ofit Corporation, Successor Agency of the Former Redevelopment Agency Members and Ma rina Groundwater Sustainability Agency)

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. Conference with Legal Counsel, Anticipated Litigation, Significant exposure to litigation pursuant to § 54956.9(b): Three cases

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

CLOSED SESSION

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

5. SPECIAL PRESENTATIONS:
a National Recovery Month Proclamation, Sun Street Center b Jacob’s Heart Childhood Cancer Awareness Month Proclamation c Monterey Peninsula College 75th Anniversary Proclamation

6. SPECIAL ANNOUNCEMENTS AND COMMUNICATIONS FROM THE FLOOR: Any member of the Public or the City Council may make an announcement of special events or meetings of interest as information to Cou ncil 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 C ouncil members or City staff may briefly respond to stat ements made or que stions posed as permitted by Government Code 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.

Agenda for City Council Meeting of Wednesday, September 7, 2022 Page 3

7. CONSENT AGENDA FOR THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENCY: Background information has been provided to the Successor Agency of the former Redevelopment Agency on all matters listed under the Consent Agenda, and these item s are considered to be routine. All items under the C onsent 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 comment a bout an agenda item and s taff wil l provide a response. If discus sion 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.

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 consi dered to be rou tine. All items under the Consent Agenda are normally appro ved by one motion. Prior to such a motion being made, any member of the public or the City Council may ask a 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 100567- 100757, totaling $1,900,383.03 b. MINUTES:
(1) August 3, 2022, Special City Council Meeting
(2) August 16, 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. 202 2-, regarding the Ralph M.

Brown Ac t (California Go vernment Code §§5495 0-54963, making c ertain findings; and authorizing t he city to continue to i mplement remote teleconferenced public meetings of the City Coun cil and its constituent bodies for the period September 20, 2022, through October 20, 2022. g. APPROVAL OF AGREEMENTS:
(1) City Council co nsider adopting Resolution No. 2022 -, approving a Professional Services Agreement with Raimi+ Associates for the preparati on of Objective Design Standards f or an amount not to exceed $167,000; authorize the Finance Director to make necessary accounting and budgetary entries; and authorize the City Manager to execute the Agreement on beha lf of City with Raimi+Associates subject to final review by the City Attorney. h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
i. MAPS: None
j. REPORTS: (RECEIVE AND FILE):
(1) City Council receive Investment Reports for the City of Marina, City of Marina as Successor Agenc y to the Marina Redevelopment Agency, and Preston Park Sustainable Community Non-Profit Corpor ation (PPSC -NPC) for the quarter ended Jun 30, 2022.

Agenda for City Council Meeting of Wednesday, September 7, 2022 Page 4

k. FUNDING & BUDGET MATTERS:
(1) City Council consider adopting Resolution No. 2022-, approving the allocation and appropriation of $95,000 from unallocated General Funds to the Capital Improvement Program adding the Patton Parkway Retain ing Wall Repair Project HSR2201; and authorizing Finance Director to m ake ne cessary accounting and budgetary entries
l. APPROVE ORDINANCES (WAIVE SECOND READING): None
m. APPROVE APPOINTMENTS: None

9. PUBLIC HEARINGS:
a. City Council open a public hearing, take testimony from the public and read by title only and approve first reading of Ordinance No. 2022-, amending Marina Municipal Code, Title 5 to modify Section 5.32.090 to allow the as signment of a second cardroom permit in the Marina Municipal Code.

10. OTHER ACTIONS ITE MS OF THE SUCCE SSOR AGENC Y TO THE FORMER MARINA R EDEVELOPMENT AGEN CY: Action l isted for each Agenda item 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) minutes of public comment.

11. OTHER ACTION ITEMS: Action listed for each Agenda item is that which is requested by staff.

The City Council may, at its discretion, take action on any items. The public is invited to approach the podium to provide up to four (4) minutes of public comment.

Note: No additional major projects or p rograms should be undertaken w ithout review of the impacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). a. City Council consider adopting Reso lution No. 202 2-, approve a concessionaire agreement with Chaparral Country Corporation, In c. of Woodside CA to provide recreational facilities and programs to the public at the Marina Equestrian Cen ter Park; and authorize the City Manager to execute the agreement on behalf of the City subject to final review and approval by the City Attorney; and direct staff to provide notice to vacate to the Marina Equestrian Association.

12. COUNCIL & STAFF INFORMATIONAL REPORTS:
a. Monterey County Mayor’s Association [Mayor Bruce Delgado] b. Council and staff opportunity to ask a que stion for clarification or make a brief 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 a t 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 corner of Reservation Road and Del Monte Boulevard on or before 6:30 p.m., Friday, September 2, 2022.

___________________________________

ANITA SHARP, DEPUTY CITY CLERK
Agenda for City Council Meeting of Wednesday, September 7, 2022 Page 5

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

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

Agenda items an d staff reports are public re cord and ar e 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., on the Monday preceding the meeting.

Supplemental ma terials received after the close of the f inal age nda and through noo n on the day of the 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 em ail by n otifying th e City Clerk a t [email protected]
ALL MEETINGS A RE O PEN TO THE PUBLIC. THE CI TY OF M ARINA DOES NOT DISCRIMINATE AGAINST PERSONS WITH D ISABILITIES. Council Chambers are whee lchair accessible. meetings are broadcast on cable channel 25 and recordings of meetings can be provided upon request. to request assistive listening devices, sign language interpreters, readers, large print agendas or other accommodations, please call (831) 884-1278 or e-mail: [email protected]. requests must be made at least 48 hours in advance of the meeting.

U p c o m i n g 20 2 2 M e e t i n g s o f t h e C i t y C o u n c i l , A ir p o r t C om mi s s io n, M a r i n a A b r a m s B N o n - P r o f i t C or p o r a t i o n , P r e s t o n P ar k S u s ta i n ab le C o m m u n i t y N o n p r o f i t C o r p or a t i o n , S u c ce s s o r A g e n c y o f t h e F o r m e r R e d e v e lo p me n t A g e n c y a n d M a r i n a G r 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 e et 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 gu la r O p e n S e s s i o n s

Tuesday, September 20, 2022

Tuesday, July 19, 2022

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

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

Agenda for City Council Meeting of Wednesday, September 7, 2022 Page 6

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

Upc o m i n g 2 022 Me e ti 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.

September 8, 2022 October 13, 2022 November 10, 2022
September 22, 2022 October 27, 2022 December 18, 2022

Agenda Item: 5a
Agenda Item: 5b
Agenda Item: 5c
Bank Account: 905 - Chase - Checking
Check 08/19/2022 100596 Accounts Payable Ace Hardware 115.68 Invoice Date Description Amount.
082689 08/05/2022 Airport 36.01
082726 08/09/2022 Fumigation Repair 54.60
082749 08/11/2012 Airport Supplies 16.37
082769 08/15/2022 Roller City Hockey 8.70
Check 08/19/2022 100597 Accounts Payable WorleyParsons Group Inc. 36,726.25 Invoice Date Description Amount.
383295 07/11/2022 Professional Services - MPWSP - June-July 2022 36,726.25 Check 08/19/2022 100598 Accounts Payable Allstar Fire Equipment Inc. 74.96 Invoice Date Description Amount.
241626 07/31/2022 Leather Shield for Division Chief Helmet 74.96 Check 08/19/2022 100599 Accounts Payable American Supply Co. 589.95 Invoice Date Description Amount.
0170831 08/09/2022 Liners-Branches 589.95
Check 08/19/2022 100600 Accounts Payable California Building Standards Commission 1,225.80 Invoice Date Description Amount.

Q2 Apr-Jun 2022 08/10/2022 Q2 Apr-Jun 2022 Green Building Fees 1,225.80 Check 08/19/2022 100601 Accounts Payable California Department of Transportation 102.32 Invoice Date Description Amount.

SL221414 07/27/2022 Traffic Signals 102.32
Check 08/19/2022 100602 Accounts Payable Petty Cash 1,290.00 Invoice Date Description Amount.

Petty Cash 8/22 06/30/2022 Replenish Petty Cash 1,290.00 Check 08/19/2022 100603 Accounts Payable Coast Counties Glass, Inc 2,689.00 Invoice Date Description Amount.
05216 04/22/2022 Library 1,599.00
04890 04/22/2022 Library 940.00
Marina, CA LIVE
Payment Batch Register
Bank Account: 905 - Chase - Checking
Batch Date: 08/19/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Rogah Satof Pages: 1 of 7 8/18/2022 9:47:31 AM
Agenda Item: 8a
1 05799 08/04/2022 Furnish Auto Door Bottom 150.00
Check 08/19/2022 100604 Accounts Payable Robert & Diane Creasey Living Trust 250.00 Invoice Date Description Amount.
08-06-22 vd 08/06/2022 Rental Refund - Vince DiMaggio 250.00 Check 08/19/2022 100605 Accounts Payable CSG Consultants 65,797.50 Invoice Date Description Amount.
45848 08/12/2022 Phase 1C CFD 507.00
45485 08/12/2022 Annual Street Resurfacing 8,221.00
45486 08/12/2022 Roadways 3,725.00
45487 08/12/2022 Salinas Ave Widening 169.00
45488 08/12/2022 Local Roadway Safety Plan 676.00
45489 08/12/2022 Duplex Housing Renovation 507.00
45490 08/12/2022 PFIP Update 169.00
45491 08/12/2022 Martin Luther King Jr Statue 338.00
45493 08/12/2022 Staff Augmentation 1,859.00
45494 08/12/2022 RWQCB 169.00
45495 08/12/2022 FORA 169.00
45496 08/12/2022 MST 507.00
45497 08/12/2022 Sea Haven Phase 3 Map/Plan Review 6,168.50 45498 08/12/2022 Sea Haven Phase 3A Inspection 1,980.00 45499 08/12/2022 Sea Haven Phase 5A Inspection 924.00
45500 08/12/2022 Marina Station 1,183.00
45501 08/12/2022 Dunes Phase 2 East 4,943.00
45502 08/12/2022 Dunes Phase 2 West 1,373.00
45503 08/12/2022 Dunes Op Site 1A 1,124.00
45504 08/12/2022 Dunes Phase 3 West 2,366.00
45505 08/12/2022 Hampton Inn (120 Reservation Road) 961.00 45506 08/12/2022 Sea Haven Inspection Phase 3B 792.00
45507 08/12/2022 Sea Haven Phase 4 Map/Plan Review 2,197.00 45508 08/12/2022 Seacrest Apartments 3108 Seacrest Ave 961.00 45509 08/12/2022 Dunes Phase 1B Promenade 11,005.00
45510 08/12/2022 Via Del Mar Subdivision (3220 Abdy Way) 792.00 45511 08/12/2022 Sea Haven Phase 4 Rough Grading 7,656.00 Marina, CA LIVE
Payment Batch Register
Bank Account: 905 - Chase - Checking
Batch Date: 08/19/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Rogah Satof Pages: 2 of 7 8/18/2022 9:47:31 AM
2 45512 08/12/2022 Home2Suites by Hilton 660.00
45513 08/12/2022 Quick Quack Carwash 3,696.00
Check 08/19/2022 100606 Accounts Payable Dave's Repair Service 90.00 Invoice Date Description Amount.
34119DG 08/02/2022 Monthly Site Inspections as Designated Operator 90.00 Check 08/19/2022 100607 Accounts Payable Doug McCoun 349.20 Invoice Date Description Amount.
07-08-22 07/08/2022 Refund for airline ticket to Spokane, WA for Fire Engine 349.20 Check 08/19/2022 100608 Accounts Payable Epic Aviation 88,736.47 Invoice Date Description Amount.
7578632 06/23/2022 Jet A Fuel 37,318.15
7582726 07/06/2022 AVGAS 100LL 51,418.32
Check 08/19/2022 100609 Accounts Payable First Alarm 120.00 Invoice Date Description Amount.
697844 08/05/2022 Alarm Monitoring - 209 Cypress Ave - Fire 120.00 Check 08/19/2022 100610 Accounts Payable Forms and Surfaces, Inc. 5,747.66 Invoice Date Description Amount.
0000355905 08/12/2022 Shop Supplies 5,747.66
Check 08/19/2022 100611 Accounts Payable Gatzke Dillon & Ballance 2,093.00 Invoice Date Description Amount.
13919 05/15/2022 Professional Services - April 2022 1,148.00 14052 07/14/2022 Professional Services - May -June 2022 945.00 Check 08/19/2022 100612 Accounts Payable Gavilan Pest Control 164.00 Invoice Date Description Amount.
0147792 08/02/2022 Pest Control Rodents 164.00
Check 08/19/2022 100613 Accounts Payable Harris & Associates 2,377.07 Invoice Date Description Amount.
53730 08/05/2022 Imjin Parkway improvement Plan 2,377.07 Check 08/19/2022 100614 Accounts Payable Jeff Katz Architectural Corp. 6,310.00 Marina, CA LIVE
Payment Batch Register
Bank Account: 905 - Chase - Checking
Batch Date: 08/19/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Rogah Satof Pages: 3 of 7 8/18/2022 9:47:31 AM
3 Invoice Date Description Amount.
21139 06/30/2022 Marina Aquatic and Sports Center Design Phase 6,310.00 Check 08/19/2022 100615 Accounts Payable Christopher Johnson 1,500.00 Invoice Date Description Amount.
001 06/06/2022 SYMLOG Training - MATERIALS for Team Building Workshop 1,500.00 Check 08/19/2022 100616 Accounts Payable Keisarina Fa’avesi 250.00 Invoice Date Description Amount.
08-13-22 vd 08/13/2022 Rental Refund - Vince DiMaggio 250.00 Check 08/19/2022 100617 Accounts Payable L.N. Curtis & Sons 89.20 Invoice Date Description Amount.

INV620682 08/08/2022 Sledge Hanger/Pocket Mounting Kit 89.20 Check 08/19/2022 100618 Accounts Payable Marina Coast Water District 4,047.73 Invoice Date Description Amount.
000056043 072922 07/29/2022 761 Neeson Road/Airport 198.02 000056044 072922 07/29/2022 781 Neeson Road/Airport 150.82 000056049 072922 07/29/2022 Imjin Rd (Irrigation/Backflow Accts) 189.90 000056051 072922 07/29/2022 721 Neeson Road/Airport 372.63 000056092 072922 07/29/2022 741 Neeson Road/Airport 1,156.70 000056096 072922 07/29/2022 3271 Imjin Road/Airport 107.88 000056097 072922 07/29/2022 3200 Imjin Road/Airport 485.63 000056036 072922 07/29/2022 2nd Ave/Divarty & Intergarrison 171.02 000056037 072922 07/29/2022 2nd Ave 171.02
000056095 072922 07/29/2022 2nd Ave 328.50
000056099 072922 07/29/2022 9th Street West of 2nd Ave 175.74 000056100 072922 07/29/2022 9th Street (Irrigation) Parcels L&M 539.87 Check 08/19/2022 100619 Accounts Payable Monterey One Water 2,446.83 Invoice Date Description Amount.
13-000152 073122 07/31/2022 741 Neeson Rd 527 12.90
13-002930 073122 07/31/2022 3200 Imjin Road 958.00
12-000192 073122 07/31/2022 3200 Del Monte Blvd 47.90
12-001627 073122 07/31/2022 211 Hillcrest Ave 324.70
Marina, CA LIVE
Payment Batch Register
Bank Account: 905 - Chase - Checking
Batch Date: 08/19/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Rogah Satof Pages: 4 of 7 8/18/2022 9:47:31 AM
4 12-000009 073122 07/31/2022 208 Palm Ave 210.41
13-000148 073122 07/31/2022 781 Neeson Rd 520 82.74
13-000149 073122 07/31/2022 791 Neeson Rd 49.69
13-000153 073122 07/31/2022 771 Neeson Rd 529 49.69
13-000157 073122 07/31/2022 721 Neeson Rd Bldg 533 330.96 13-000158 073122 07/31/2022 711 Neeson Rd 535 82.74
13-000159 073122 07/31/2022 761 Neeson Rd Bldg 524 220.40 13-000144 073122 07/31/2022 3200 Imjin Rd 507 28.80
13-000145 073122 07/31/2022 3260 Imjin Rd 514 47.90
Check 08/19/2022 100620 Accounts Payable MyFleetCenter - Wisconsin Quick Lube 234.98 Invoice Date Description Amount.
36765576 08/09/2022 2020 Dodge Durango 819 97.97
36765651 08/10/2022 Ford F150 Pickup 878 137.01
Check 08/19/2022 100621 Accounts Payable Newton Bros. Tire & Auto 130.00 Invoice Date Description Amount.
434978 08/10/2022 2014 Chevy Caprice 130.00
Check 08/19/2022 100622 Accounts Payable Nor Cal Signal Supply 384.56 Invoice Date Description Amount.
1188-1 06/23/2022 Shop Supplies 384.56
Check 08/19/2022 100623 Accounts Payable Office Depot 1,078.57 Invoice Date Description Amount.
256702682001 07/20/2022 Office Depot Planning Supplies 29.99 259140813001 08/05/2022 20 Case of Copier Paper 1,048.58 Check 08/19/2022 100624 Accounts Payable Overhead Door Company 260.00 Invoice Date Description Amount.
126445 08/03/2022 Fire Department 260.00
Check 08/19/2022 100625 Accounts Payable Pacific Crest Engineering 1,243.60 Invoice Date Description Amount.
10869 05/31/2022 Cypress Knolls Building Removal Project 93.60 11003 06/30/2022 Glorya Jean Tate Park Site Improvements and Pump Track 1,150.00 Marina, CA LIVE
Payment Batch Register
Bank Account: 905 - Chase - Checking
Batch Date: 08/19/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Rogah Satof Pages: 5 of 7 8/18/2022 9:47:31 AM
5 Check 08/19/2022 100626 Accounts Payable Pacific Gas & Electric 2,773.45 Invoice Date Description Amount.

July-Aug 720-0 08/11/2022 PG&E - 0167505720-0 793.62
July-Aug 562-0 08/11/2022 PG&E - 4758891562-0 975.11
July-Aug 085-2 08/11/2022 PG&E - 5434906085-2 103.63
July-Aug 148-6 08/10/2022 PG&E - 5593414148-6 238.24
July-Aug 943-2 08/10/2022 PG&E - 6150212943-2 82.94
July-Aug 202-3 08/11/2022 PG&E - 6594070202-3 113.99
July-Aug 582-7 08/10/2022 PG&E - 8161432582-7 145.22
July-Aug 353-7 08/10/2022 PG&E - 9930567353-7 47.97
288-5.Jun22 06/10/2022 Account# 7175660288-5 272.73
Check 08/19/2022 100627 Accounts Payable Ryan Ranch Printers 103.79 Invoice Date Description Amount.
23166 08/12/2022 Business Cards for Accounts Payable 103.79 Check 08/19/2022 100628 Accounts Payable Sentry Alarm Systems of America, Inc. 285.00 Invoice Date Description Amount.
2196965 08/15/2022 Alarm Monitoring - Sports Center 2800 2nd Ave -Sept. - Nov 2022 285.00 Check 08/19/2022 100629 Accounts Payable Sierra Springs & Alhambra 11.98 Invoice Date Description Amount.
14225799 081322 08/13/2022 209 Cypress Ave 11.98
Check 08/19/2022 100630 Accounts Payable TechRx Technology Services 30.00 Invoice Date Description Amount.
10210 06/30/2022 Mint Mobile for 3 months 30.00
Check 08/19/2022 100631 Accounts Payable Tripepi, Smith & Associates, Inc. 610.00 Invoice Date Description Amount.
8472 07/31/2022 Redistricting Annual Website Hosting Servicing 610.00 Check 08/19/2022 100632 Accounts Payable Verde Design, Inc. 1,980.00 Invoice Date Description Amount.
19-2012501 06/30/2022 Glorya Jean Tate Park Pump, Track & Restroom Improvements 900.00 20-2012501 08/12/2022 Glorya Jean Tate Park Pump, Track and Restroom Improvements 1,080.00 Marina, CA LIVE
Payment Batch Register
Bank Account: 905 - Chase - Checking
Batch Date: 08/19/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Rogah Satof Pages: 6 of 7 8/18/2022 9:47:31 AM
6 Check 08/19/2022 100633 Accounts Payable Wallace Group, Inc. 14,688.59 Invoice Date Description Amount.
1585-0011-00 07/28/2022 Glorya Jean Tate Park Pump, Track & Restroom Improvements 11,496.59 56901 07/28/2022 Airport Project Management 3,192.00
Check 08/19/2022 100634 Accounts Payable Wellington & Rathie 11,520.00 Invoice Date Description Amount.
26213 08/10/2022 Joby Aero Inc - June 2022 40.00
26209 08/10/2022 Marina Municipal Airport Matters - June 2022 220.00 26217 08/10/2022 Public Records Act Requests - June 2022 520.00 26215 08/10/2022 Misc Litigation Matters - June 2022 40.00 26211 08/10/2022 Garbage Franchise - June 2022 40.00
26210 08/10/2022 Cannabis Matters - June 2022 140.00
26216 08/10/2022 Misc Personnel Matters - June 2022 1,640.00 26214 08/10/2022 Land Use & Operations - June 2022 6,900.00 26212 08/10/2022 General Matters - June 2022 1,980.00
Check 08/19/2022 100635 Accounts Payable William A. Thayer Construction, Inc 5,359.91 Invoice Date Description Amount.
2021-01-1 08/08/2022 Repair and Reinstallation of Trash Enclosure Gates 664.65 2022-13-RET 08/15/2022 2021-13 City Council Chambers Upgrades (Retention) 223.58 2022-13-01 08/15/2022 2021-13 City Council Chambers Upgrades (Progress bill) 4,471.68 Check 08/19/2022 100636 Accounts Payable Precision Grade Inc. 653,261.23 Invoice Date Description Amount.
146 08/08/2022 Annual Street Resurfacing 2021 Phase 2 601,387.43 147 08/08/2022 Annual Street Resurfacing 2021, Phase 2 51,873.80 EFT 08/19/2022 2498 Accounts Payable Richard B. Standridge 121042882 / 8312012522 3,562.50 Invoice Date Description Amount.
22-16 08/12/2022 Service 8/1-11/2022 3,562.50
905 Chase - Checking Totals: Transactions: 42 $920,700.78 Checks: 41 $917,138.28
EFTs: 1 $3,562.50
Marina, CA LIVE
Payment Batch Register
Bank Account: 905 - Chase - Checking
Batch Date: 08/19/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Rogah Satof Pages: 7 of 7 8/18/2022 9:47:31 AM
7 Bank Account: 905 - Chase - Checking
Check 08/26/2022 100637 Accounts Payable Ace Hardware 11.97 Invoice Date Description Amount.
082776 08/15/2022 Cust. # 116 6.52
082793 08/17/2022 Cust. #116 5.45
Check 08/26/2022 100638 Accounts Payable Ace Hardware 102.17 Invoice Date Description Amount.
082787 08/16/2022 Annex Table 3.92
082792 08/17/2022 Shop Supplies 54.57
082810 08/18/2022 Pad for Recycle Containers 18.38
082813 08/19/2022 Shop 19.65
082818 08/19/2022 Key for Crew 5.65
Check 08/26/2022 100639 Accounts Payable Anita Kerezsi 1,875.00 Invoice Date Description Amount.

Marina - 23-1 08/15/2022 1st instalment for 22-23 SB 90 State 1,875.00 Check 08/26/2022 100640 Accounts Payable AT & T 242.90
Invoice Date Description Amount.

July - Aug 520 5 08/13/2022 AT&T 831-582-9957 520 5 242.90 Check 08/26/2022 100641 Accounts Payable AT & T 443.10
Invoice Date Description Amount.
000018639673 08/13/2022 7/13-8/12/22 Acc 39673 70.54
000018648617 08/15/2022 CALNET3-9391023435 (237-267-6922) 184.16 000018648586 08/15/2022 CALNET3-9391023482 (884-0985) 25.96 000018648588 08/15/2022 CALNET3-9391023485 (884-2573) 26.92 000018648593 08/15/2022 CALNET3-9391023490 (884-9568) 48.56 000018648594 08/15/2022 CALNET3-9391023491 (884-9654) 86.96 Check 08/26/2022 100642 Accounts Payable Bear Electrical Solutions, Inc. 250.00 Invoice Date Description Amount.
16341 07/28/2022 Traffic Signal Maintenance 250.00
Check 08/26/2022 100643 Accounts Payable Carmel Fire Protection Associates 800.00 Marina, CA LIVE
Payment Batch Register
Bank Account: 905 - Chase - Checking
Batch Date: 08/26/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Rogah Satof Pages: 1 of 6 8/24/2022 8:20:47 AM
8 Invoice Date Description Amount.
122339 08/11/2022 Plan review and inspection 499 Russell Way, Marina 6000 200.00 122338 08/11/2022 Plan review & inspection at 492 Russell Way, Marina 6000 200.00 122337 08/11/2022 Plan review & inspection at 3013 Shasta Way, Marina 5000 200.00 122336 08/11/2022 Plan review & inspection at 3015 Shasta Way, Marina 5000 200.00 Check 08/26/2022 100644 Accounts Payable Carmel Roasters, Inc. 349.60 Invoice Date Description Amount.
64364 07/06/2022 FD Coffee - 4 boxes 349.60
Check 08/26/2022 100645 Accounts Payable Carrot-Top Industries 81.89 Invoice Date Description Amount.

INV108637 07/15/2022 California Flag 81.89
Check 08/26/2022 100646 Accounts Payable Central Valley Business Forms 549.41 Invoice Date Description Amount.
241658 08/12/2022 First Responder Record 549.41
Check 08/26/2022 100647 Accounts Payable Cintas Corporation 120.24 Invoice Date Description Amount.
4128919965 08/19/2022 Cust# 833-711-5963 50.94
4128919955 08/19/2022 Mat Service - Police/Fire 08/19/22 69.30 Check 08/26/2022 100648 Accounts Payable CSG Consultants 11,961.00 Invoice Date Description Amount.
45492 08/12/2022 Permits/Development 11,961.00
Check 08/26/2022 100649 Accounts Payable First Alarm 120.00 Invoice Date Description Amount.
697845 08/05/2022 Cust #9537 - Marina Public Safety Dept. 120.00 Check 08/26/2022 100650 Accounts Payable Gavilan Pest Control 340.00 Invoice Date Description Amount.
0147793 08/12/2022 Rodents 120 Seaside Cir Pond/Restrooms 80.00 0147862 08/12/2022 Squirrels Preston Park 180.00
0147794 08/12/2022 3126 Shoemaker at Pong Rodents 80.00 Marina, CA LIVE
Payment Batch Register
Bank Account: 905 - Chase - Checking
Batch Date: 08/26/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Rogah Satof Pages: 2 of 6 8/24/2022 8:20:47 AM
9 Check 08/26/2022 100651 Accounts Payable Home Depot Credit Service 222.85 Invoice Date Description Amount.
08-18-22 08/18/2022 6035322503959813 49.14
08-12-22 08/12/2022 6035322503959813 PW 173.71
Check 08/26/2022 100652 Accounts Payable David Johnson 1,500.00 Invoice Date Description Amount.
6420-1 04/27/2022 SYMLOG Training - May 2022 1,500.00
Check 08/26/2022 100653 Accounts Payable Kimley-Horn & Associates 6,097.50 Invoice Date Description Amount.
097789008-0722 07/31/2022 Imjin Parkway PS&E 6,097.50
Check 08/26/2022 100654 Accounts Payable L.N. Curtis & Sons 763.69 Invoice Date Description Amount.

INV621881 08/11/2022 MSA Speaker Module 763.69
Check 08/26/2022 100655 Accounts Payable Marina Coast Water District 3,846.54 Invoice Date Description Amount.
000056014 080412 08/04/2022 3200 Del Monte Blvd 3,011.36 000056085 080422 08/04/2022 Crescent/Whitney Irrigation 27.26 000056030 080422 08/04/2022 Crescent Ave/Reser Rd/Ramada Inn 36.77 000056087 080422 08/04/2022 Crescent Ave/Costa Del Mar Irrigation 27.26 000056008 080422 08/04/2022 Reservation & Del Monte 27.26 000056086 080422 08/04/2022 Crescent Ave/Sirena Del Mar Irrigation 27.26 000056015 080422 08/04/2022 Corner of Cardoza & Dolphin Circle 60.52 000056034 080422 08/04/2022 3240 De Forest Road 397.80
000056084 080422 08/04/2022 Crescent/Shuler/Irrigation 27.26 000056032 080422 08/04/2022 Crescent Ave/Costa Del Mar East Side 60.52 000056098 080422 08/04/2022 3254 Abdy Way (Tate Park-Building) 50.60 000056011 080422 08/04/2022 3254 Abdy Way (Tate-Park Irrigation) 92.67 Check 08/26/2022 100656 Accounts Payable Monterey Power Sports, LP 639.34 Invoice Date Description Amount.
94048160 08/16/2022 PD Motorcycle 639.34
Check 08/26/2022 100657 Accounts Payable Monterey Tire Service 655.25 Marina, CA LIVE
Payment Batch Register
Bank Account: 905 - Chase - Checking
Batch Date: 08/26/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Rogah Satof Pages: 3 of 6 8/24/2022 8:20:47 AM
10 Invoice Date Description Amount.
1-107808 08/18/2022 PD Tires 655.25
Check 08/26/2022 100658 Accounts Payable My Chevrolet 1,509.23 Invoice Date Description Amount.

CVCS245418 03/24/2022 15 Chevy Caprice PD 170.00
CVCS244418 03/04/2022 15 Chevy Caprice PD 1,277.28
133953CVR 02/02/2022 Hose PD 61.95
Check 08/26/2022 100659 Accounts Payable MyFleetCenter - Wisconsin Quick Lube 102.15 Invoice Date Description Amount.
4170 08/18/2022 2020 Chrysler Voyager PD 102.15
Check 08/26/2022 100660 Accounts Payable Newton Bros. Tire & Auto 1,496.40 Invoice Date Description Amount.
435087 08/17/2022 PD 1,496.40
Check 08/26/2022 100661 Accounts Payable Office Depot 60.59 Invoice Date Description Amount.
259235348001 08/01/2022 Office Supplies 27.36
261052278001 08/11/2022 Office Supplies 33.23
Check 08/26/2022 100662 Accounts Payable Pacific Gas & Electric 11,289.33 Invoice Date Description Amount.
288-5.Jul22 07/29/2022 781 Neeson Rd Bldg 520 7175660288-5 451.25 608-2.Aug22 08/11/2022 3260 Imjin Rd Bldg 514 7383993608-2 832.23 451-7.Aug22 08/10/2022 3271 Imjin Rd 8600650451-7 198.05 098-7.Aug22 08/11/2022 761 Neeson Rd Bldg 524 680558098-7 7,253.09 347-0.Aug22 08/10/2022 3263 Imjin Rd Bldg 519 6258961347-0 619.26 694-1.Aug22 08/11/2022 721 Neeson Rd Bldg 533 7269284694-1 1,179.34 767-2.Aug22 08/11/2022 751 Neeson Rd Bldg 526 2652040767-2 82.91 7/13-8/11/22 08/12/2022 Acc 3242976210-0 152.88
July-Aug 0827-8 08/14/2022 PG&E - 0423929827-8 124.37
July-Aug 851-0 08/16/2022 PG&E - 3440977851-0 175.91
July-Aug 535-3 08/14/2022 PG&E - 6161832535-3 220.04
Check 08/26/2022 100663 Accounts Payable Potter's Electronics 2,261.70 Marina, CA LIVE
Payment Batch Register
Bank Account: 905 - Chase - Checking
Batch Date: 08/26/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Rogah Satof Pages: 4 of 6 8/24/2022 8:20:47 AM
11 Invoice Date Description Amount.
33522 08/17/2022 teen center surveillance 49.16
33509 08/14/2022 Preston Park Surveillance 941.54
33508 08/14/2022 Teen Center Surveillance 1,271.00
Check 08/26/2022 100664 Accounts Payable Trucksis Enterprises 117.99 Invoice Date Description Amount.
12902 08/12/2022 banner 117.99
Check 08/26/2022 100665 Accounts Payable United Parcel Service 50.31 Invoice Date Description Amount.
00008Y4481332 08/13/2022 Acct# 8Y4481 - Shipping fees to Lighthouse Uniform 50.31 Check 08/26/2022 100666 Accounts Payable Verizon Wireless 293.59 Invoice Date Description Amount.
991109889 08/10/2022 Monthly Verizon Bill-308174766 293.59 Check 08/26/2022 100667 Accounts Payable William Avery and Associates 7,900.00 Invoice Date Description Amount.
3459 08/16/2022 Superintendent Search 7,900.00
Check 08/26/2022 100668 Accounts Payable Marina Employees Association 135.00 Invoice Date Description Amount.
08-19-22 08/19/2022 24 - MEA Dues 135.00
Check 08/26/2022 100669 Accounts Payable Marina Professional Fire Fighters Association
300.00
Invoice Date Description Amount.
08-19-22 08/19/2022 35 - MPFFA Dues 300.00
Check 08/26/2022 100670 Accounts Payable Premier Access Insurance 3,060.80 Invoice Date Description Amount.
09-01-22 09/01/2022 101 - Dental EE+1* 5,627.32
09-01-22. 09/01/2022 Dental Claim (09/2022) (2,566.52)
EFT 08/26/2022 2510 Accounts Payable Marina Police Association-MPOA 322271627 / 901587928 240.00 Invoice Date Description Amount.

Marina, CA LIVE
Payment Batch Register
Bank Account: 905 - Chase - Checking
Batch Date: 08/26/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Rogah Satof Pages: 5 of 6 8/24/2022 8:20:47 AM
12 08-19-22 08/19/2022 23 - MPOA Dues 240.00
EFT 08/26/2022 2511 Accounts Payable Police Officers Association - POA 322271627 / 901589106 1,296.00 Invoice Date Description Amount.
08-19-22 08/19/2022 25 - POA Dues 1,296.00
905 Chase - Checking Totals: Transactions: 36 $61,085.54 Checks: 34 $59,549.54
EFTs: 2 $1,536.00
Marina, CA LIVE
Payment Batch Register
Bank Account: 905 - Chase - Checking
Batch Date: 08/26/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Rogah Satof Pages: 6 of 6 8/24/2022 8:20:47 AM
13 Bank Account: 905 - Chase - Checking
Check 09/02/2022 100671 Accounts Payable Access Monterey Peninsula 29,943.52 Invoice Date Description Amount.
06-30-2022 06/30/2022 Qtr 4 -PEG 29,943.52
Check 09/02/2022 100672 Accounts Payable Ace Hardware 88.46 Invoice Date Description Amount.
082702 08/05/2022 Cust. # 116 29.49
082866 08/24/2022 Cust. # 116 58.97
Check 09/02/2022 100673 Accounts Payable Ace Hardware 157.28 Invoice Date Description Amount.
082815 08/19/2022 Trash Receptacle Pad 65.42
082821 08/19/2022 Trash Receptacle Pad 16.35
082864 08/24/2022 Center Island 8.72
082866 08/24/2022 Filter Red Push On 58.97
082852 08/23/2022 Windy Hill Park Trash Can 7.82
Check 09/02/2022 100674 Accounts Payable Ace High Designs Inc. 95.05 Invoice Date Description Amount.

O1004712 08/09/2022 Cust #01956 95.05
Check 09/02/2022 100675 Accounts Payable Advantage Gear 968.04 Invoice Date Description Amount.
56681-1 08/26/2022 Uniform for G. Sales & R. Dunlap 968.04 Check 09/02/2022 100676 Accounts Payable Altius Medical 93.80 Invoice Date Description Amount.
18081 08/23/2022 Cust #175 93.80
Check 09/02/2022 100677 Accounts Payable Andon Laundrymat Service 123.00 Invoice Date Description Amount.
5 08/05/2022 Ticket #5909 - July 14, 2022 123.00
Check 09/02/2022 100678 Accounts Payable AT & T 763.91
Invoice Date Description Amount.

Marina, CA LIVE
Payment Batch Register
Bank Account: 905 - Chase - Checking
Batch Date: 09/02/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Rogah Satof Pages: 1 of 8 9/1/2022 9:06:48 AM
14 08-14-22 08/14/2022 Acct # 831 384-7723 454 4 763.91 Check 09/02/2022 100679 Accounts Payable AT & T 217.32
Invoice Date Description Amount.
000018639710 08/13/2022 BAN #9391023434 167.08
000018648582 08/15/2022 BAN #9391023478 50.24
Check 09/02/2022 100680 Accounts Payable Avaya, Inc. 12.49 Invoice Date Description Amount.
2734595243 08/04/2022 Acct #0100828859 12.49
Check 09/02/2022 100681 Accounts Payable Branch's Janitorial 5,121.35 Invoice Date Description Amount.
228462 08/25/2022 Custodial Service for August 2,886.35 228460 08/25/2022 Janitorial Service - Police/Fire/Airport August 2022 2,235.00 Check 09/02/2022 100682 Accounts Payable Carmel Fire Protection Associates 200.00 Invoice Date Description Amount.
122344 08/18/2022 Plan review and inspection at Joby Kitchen, 771 Neeson 200.00 Check 09/02/2022 100683 Accounts Payable Cintas Corporation 1,213.45 Invoice Date Description Amount.
5121505904 08/23/2022 Medical Kit Supplies x 5 1,213.45 Check 09/02/2022 100684 Accounts Payable Petty Cash 1,838.50 Invoice Date Description Amount.
7/7 - 8/23/2022 08/25/2022 Replenish Petty Cash 1,838.50 Check 09/02/2022 100685 Accounts Payable Community Hospital of the Monterey Peninsula
162.00
Invoice Date Description Amount.
08-08-22 08/08/2022 Guarantor #12252 - July 2022 162.00 Check 09/02/2022 100686 Accounts Payable CSG Consultants 2,969.84 Invoice Date Description Amount.

B221424 08/01/2022 CSG Buildiing Plan Review Services 4/1/22- 4/30/22 2,969.84 Check 09/02/2022 100687 Accounts Payable Salinas Valley Tire 3,891.10 Marina, CA LIVE
Payment Batch Register
Bank Account: 905 - Chase - Checking
Batch Date: 09/02/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Rogah Satof Pages: 2 of 8 9/1/2022 9:06:48 AM
15 Invoice Date Description Amount.
1-72947 08/10/2022 07 Ferrara Fire Apparatus 3,891.10
Check 09/02/2022 100688 Accounts Payable Don Chapin Company, Inc. 465,421.50 Invoice Date Description Amount.
72142 08/23/2022 Reservation Road Grind/Pave/Crackfill & Stipe 465,421.50 Check 09/02/2022 100689 Accounts Payable Ewing 101.63
Invoice Date Description Amount.
17652371 08/24/2022 Yard Supplies 101.63
Check 09/02/2022 100690 Accounts Payable Fastenal Company 636.91 Invoice Date Description Amount.

CASAL154470 08/08/2022 Wrench Set 179.15
CASAL154823 08/24/2022 Sm Engine Fuel 457.76
Check 09/02/2022 100691 Accounts Payable First Alarm 440.37 Invoice Date Description Amount.
700575 08/15/2022 Cust #9537 - Marina Public Safety Dept. 187.08 698174 08/15/2022 Alarm Monitoring - Chambers Audio Room - Sept-Nov 2022 97.20 700574 08/15/2022 Alarm Monitoring - 3200 Del Monte Blvd - VDP - Sept-Nov 2022 156.09 Check 09/02/2022 100692 Accounts Payable First American Title Company 790.00 Invoice Date Description Amount.
14814-12814261 01/10/2022 Preliminary Report 395.00
12814-12814276 04/28/2022 Monterey Peninsula Regional Park Preliminary Report 395.00 Check 09/02/2022 100693 Accounts Payable Gavilan Pest Control 1,225.00 Invoice Date Description Amount.
0147527 08/16/2022 781 Neeson Rd Bldg 520 Squirrles 1,150.00 0147528 08/16/2022 781 Neeson Rd Building 520 Rodents 75.00 Check 09/02/2022 100694 Accounts Payable Hinderliter, de Llamas & Associates 2,562.46 Invoice Date Description Amount.

SIN020622 08/23/2022 Q1 2022 Sales Tax and Audit Srvs 2,562.46 Check 09/02/2022 100695 Accounts Payable Jeff Katz Architectural Corp. 32,462.50 Marina, CA LIVE
Payment Batch Register
Bank Account: 905 - Chase - Checking
Batch Date: 09/02/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Rogah Satof Pages: 3 of 8 9/1/2022 9:06:48 AM
16 Invoice Date Description Amount.
21206 07/31/2022 Marina Aquatic and Sports Center Design Phase 32,462.50 Check 09/02/2022 100696 Accounts Payable L.N. Curtis & Sons 3,855.88 Invoice Date Description Amount.

INV625927 08/24/2022 Repair Hurst eDraulic E3 1,290.48
INV624893 08/22/2022 Brush Coat, XXL Yellow 327.76
INV625549 08/18/2022 Wildland Coat & Pants, XL 868.96
INV626591 08/26/2022 Extended Life Battery for eDraulic 1,368.68 Check 09/02/2022 100697 Accounts Payable Language Line, LLC 326.99 Invoice Date Description Amount.
10589943 07/31/2022 Acct #9020101064 - Marina Public Safety 326.99 Check 09/02/2022 100698 Accounts Payable Marina Backflow Co. 325.00 Invoice Date Description Amount.
2214 07/13/2022 Test of Backflow Devices 325.00
Check 09/02/2022 100699 Accounts Payable Marina Coast Water District 780.41 Invoice Date Description Amount.
07-29-22 A 07/29/2022 Acct # 091 - 751 Neeson Rd, Bldg #526 150.82 07-29-22 B 07/29/2022 Acct # 014874 000 - 289 12th St 126.13 000056007 081222 08/12/2022 Calif Ave/North of 3rd 89.02 000056020 081321 08/13/2021 304 Hillcrest Ave 352.96
000056025 041219 04/12/2019 327 Reindollar Ave 61.48
Check 09/02/2022 100700 Accounts Payable Marina Plumbing 245.30 Invoice Date Description Amount.
51964 08/25/2022 Airport Wax Ring/Sealer 245.30
Check 09/02/2022 100701 Accounts Payable Monterey County - Emergency Communications
139,908.00
Invoice Date Description Amount.
09-01-22 08/29/2022 Monterey County Emergency Communication Quarter 2 Invoice 22/23 139,908.00 Check 09/02/2022 100702 Accounts Payable Monterey County Convention & Visitors Bureau
30,688.02
Marina, CA LIVE
Payment Batch Register
Bank Account: 905 - Chase - Checking
Batch Date: 09/02/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Rogah Satof Pages: 4 of 8 9/1/2022 9:06:48 AM
17 Invoice Date Description Amount.

May 2022 06/30/2022 May 2022 TID 14,323.32
Jun 2022 06/30/2022 Jun 2022 TID 16,364.70
Check 09/02/2022 100703 Accounts Payable Monterey County Petroleum-Sturdy Oil Co. 6,839.99 Invoice Date Description Amount.
25474A-IN 08/18/2022 Fuel Regular/Ethanol and Diesel 6,839.99 Check 09/02/2022 100704 Accounts Payable Monterey County Weekly 232.50 Invoice Date Description Amount.
225-090198-00002 08/25/2022 Legal Notice Crossing Installation Bid 232.50 Check 09/02/2022 100705 Accounts Payable Monterey Tire Service 26.73 Invoice Date Description Amount.
1-107836 08/19/2022 18 Chevy Colorado 26.73
Check 09/02/2022 100706 Accounts Payable MSA Systems, Inc. 6,057.85 Invoice Date Description Amount.

SGX17865 08/04/2022 Customer ID - MARINAPD01 6,057.85
Check 09/02/2022 100707 Accounts Payable MyFleetCenter - Wisconsin Quick Lube 274.56 Invoice Date Description Amount.
36766144 08/19/2022 2015 Chevy Caprice PD 149.79
36766258 08/22/2022 2020 Dodge Durango Truck 124.77
Check 09/02/2022 100708 Accounts Payable Natividad Medical Center 155.00 Invoice Date Description Amount.
08-17-22 A 08/17/2022 Marina PD 93.00
08-17-22 B 08/17/2022 Marina PD 62.00
Check 09/02/2022 100709 Accounts Payable Newton Bros. Tire & Auto 486.96 Invoice Date Description Amount.
435162 08/22/2022 21 Dodge Durango PD 486.96
Check 09/02/2022 100710 Accounts Payable Noland, Hamerly, Etienne & Hoss 45,751.00 Invoice Date Description Amount.
223339 08/18/2022 Public Records Act - July-August 2022 197.50 Marina, CA LIVE
Payment Batch Register
Bank Account: 905 - Chase - Checking
Batch Date: 09/02/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Rogah Satof Pages: 5 of 8 9/1/2022 9:06:48 AM
18 223340 08/18/2022 General Representation - July-August 2022 28,681.25 223341 08/18/2022 City Council Meeting - July-August 2022 5,964.50 223343 08/18/2022 Contracts - July-August 2022 10,512.75 223342 08/18/2022 Personnel - July-August 2022 395.00
Check 09/02/2022 100711 Accounts Payable Pacific Gas & Electric 31,540.15 Invoice Date Description Amount.
103-6.Aug22 08/12/2022 3200 Imjin Rd (8030427103-6 July-Aug22) 14,991.91 July-Aug 272-1 08/18/2022 PG&E - 2862559272-1 37.42
July-Aug 172-2 08/19/2022 PG&E - 5618207172-2 762.32
July-Aug 362-9 08/19/2022 PG&E - 5996678362-9 119.42
July-Aug 683-2 08/18/2022 PG&E 6217294683-2 1,025.73
288-5.Aug22 08/11/2022 781 Neeson Rd Bldg 520 (717566022-8 July-Aug 22) 396.19 533-8.AUG22 08/18/2022 Lake Dr @ Reservation Rd 161.13
July-Aug 795-7 08/23/2022 PG&E - 4467294795-7 473.62
July - Aug 483-6 08/16/2022 PG&E - 3982644483-6 13,572.41 Check 09/02/2022 100712 Accounts Payable Carolyn Peliova 2,000.00 Invoice Date Description Amount.
08-31-22 08/31/2022 C. Peliova - Summer Semester Reimbursement 2,000.00 Check 09/02/2022 100713 Accounts Payable Quill Corporation 92.84 Invoice Date Description Amount.
26706398 08/01/2022 Acct # 7474999 42.60
26996542 08/11/2022 Acct # 7474999 50.24
Check 09/02/2022 100714 Accounts Payable Regional Government Services 1,432.59 Invoice Date Description Amount.
13893 07/31/2022 Quick Quack - July 114.64
13894 07/31/2022 Contract Services for Planning - July 1,317.95 Check 09/02/2022 100715 Accounts Payable Rincon Consultants, Inc. 20,018.00 Invoice Date Description Amount.
41449 08/15/2022 Rincon 7/31/22 7,616.25
41563 08/16/2022 DVSP 12,401.75
Check 09/02/2022 100716 Accounts Payable Sara Steck Myers 3,390.00 Marina, CA LIVE
Payment Batch Register
Bank Account: 905 - Chase - Checking
Batch Date: 09/02/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Rogah Satof Pages: 6 of 8 9/1/2022 9:06:48 AM
19 Invoice Date Description Amount.
08-01-22 08/01/2022 Professional Services - MPWSP - July 2022 3,390.00 Check 09/02/2022 100717 Accounts Payable Shartsis Friese LLP 102,981.55 Invoice Date Description Amount.
5460693 08/26/2022 Professional Services - MPWSP - July 2022 102,981.55 Check 09/02/2022 100718 Accounts Payable South Bay Regional Public Safety Training Cons.
450.00
Invoice Date Description Amount.
223059 08/10/2022 Marin Police Dept - Driving PSP Course 8/4/22 450.00 Check 09/02/2022 100719 Accounts Payable Teri Black & Company 17,753.27 Invoice Date Description Amount.
22-0829-333 08/29/2022 Assistant Finance Director Recruitment 17,753.27 Check 09/02/2022 100720 Accounts Payable Tri County Fire Protection 161.77 Invoice Date Description Amount.

SY105404 08/24/2022 Automatic Fire Suppression System 161.77 Check 09/02/2022 100721 Accounts Payable United Parcel Service 1.29 Invoice Date Description Amount.
00008Y4481322 08/06/2022 Shipper #8Y4481 1.29
Check 09/02/2022 100722 Accounts Payable Verde Design, Inc. 2,702.63 Invoice Date Description Amount.
4-2121700 08/12/2022 Dunes Park Rough Grading Plan and Site Survey 2,702.63 Check 09/02/2022 100723 Accounts Payable Verizon Wireless 1,994.20 Invoice Date Description Amount.
9913732342 08/18/2022 Acct #272493672-00001 1,994.20
Check 09/02/2022 100724 Accounts Payable Wellington & Rathie 60.00 Invoice Date Description Amount.
26218 08/10/2022 Wellington and Rathie - The Dunes 60.00 Check 09/02/2022 100725 Accounts Payable Xerox Financial Services 239.26 Marina, CA LIVE
Payment Batch Register
Bank Account: 905 - Chase - Checking
Batch Date: 09/02/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Rogah Satof Pages: 7 of 8 9/1/2022 9:06:48 AM
20 Invoice Date Description Amount.
3451399 08/28/2022 Acct: 010-0066774-001 FD Monthly Copier Fees 239.26 Check 09/02/2022 100726 Accounts Payable Cheryl Kent 1,320.00 Invoice Date Description Amount.
2022-105 08/18/2022 Code Force Investigations 1,320.00
Check 09/02/2022 100727 Accounts Payable Vision Service Plan 1,961.66 Invoice Date Description Amount.
09-01-22 09/01/2022 103 - Vision EE* 1,814.19
09-01-22. 09/01/2022 VSP Adjustment (09/2022) 147.47
EFT 09/02/2022 2523 Accounts Payable Richard B. Standridge 121042882 / 8312012522 3,942.50 Invoice Date Description Amount.
22-17 08/26/2022 Service 8/15-26/2022 3,942.50
EFT 09/02/2022 2524 Accounts Payable Wex Bank 071000288 / 4539508 186.87 Invoice Date Description Amount.
83125408 08/23/2022 Acct #0496-00-52150-7 186.87
905 Chase - Checking Totals: Transactions: 59 $979,682.25 Checks: 57 $975,552.88
EFTs: 2 $4,129.37
Marina, CA LIVE
Payment Batch Register
Bank Account: 905 - Chase - Checking
Batch Date: 09/02/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Rogah Satof Pages: 8 of 8 9/1/2022 9:06:48 AM
21 Agenda Item: 8b(1)
City Council Meeti ng of
September 7, 2022

MINUTES
Wednesday, August 3, 2022 5:00 P.M. Closed Session
6:30 P.M. Open Session

SPECIAL MEETING

CITY COUNCIL, AIRPORT COMMISSION,

MARINA ABRAMS B NON-PROFIT CORPORATION, PRESTON PARK SUSTAINABLE

COMMUNITY NON-PROFIT CORPORATION, SUCCESSOR AGENCY OF THE FORMER

MARINA REDEVELOPMENT AGENCY AND MARINA GROUNDWATER

SUSTAINABILITY AGENCY
Council Chambers
211 Hillcrest Avenue
Marina, California
Zoom Meeting URL: https://zoom.us/j/730251556
Zoom Meeting Telephone Only Participation: 1-669-900-9128 - Webinar ID: 730 251 556 In accordance with California Government Code §54953(e)(1)(A) and (C) and the Proclamation of a State of Emergency issued by Governor Newsom o n March 4, 2020, under the provisions of Go vernment Code §8625 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 2022-94, 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 Agency of the Former Redevelopment Agency Members and Ma rina Groundwater Sustainability Agency)
MEMBERS PRESENT: 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.
1 MINUTES for Special City Council Meeting of Wednesday, August 3, 2022 Page 2

a. 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
b. Performance Evaluation of Public Empl oyee, Unrepresented Employee (CA Govt.

Code Section 54957(b)(1) – City Manager
6:30 PM - RECONVENE OPEN SESSION AND REPORT ON ANY ACTIONS TAKEN I N

CLOSED SESSION
Heidi Quinn, City Attorney reported out Closed Session:

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

5. SPECIAL PRESENTATIONS: None

6. SPECIAL ANNOUNCEMENTS AND COMMUNICATIONS FROM THE FLOOR: Any member of the Public or the City Council may make an announcement of special events or meetings of interest as information to Council a nd Public. Any member of the public may comment on any matter within the City Council’s jurisdiction which is not on the agenda. Please state your name for the record. Action will not be taken on an item that is not on the agenda. If it requires action, it will be r eferred to staf f and/o r pla ced on a future agenda. City C ouncil 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 i nterested 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. • Les Ma rtin – Announce his candidacy for Council Seat Distr ict 4 and provided a detailed background of his qualifications.
• Mike Owen – Spoke about how the SB330 Housing Crisis Act of 2 019 streamlines on ly housing projects. Noted tree removals on housing projects continue to look to be a relatively minor part of the Tree committee's responsibilities . Commented on the Dunes tree removals in the commercial phases not being part of SB 330. Noted that landscaping reviews should b e transferred back to the Tree Committee
• John Sa nders – Spoke about the proposed General Obligation Bon d that C ouncil considered on July 2 6th and noted that th ere were no public meetings held bet ween January 20 th and July 26 th outside of council meetings. Comm ented on the opinion survey conducte d by FM 3. Asked what steps have been taken by council and staff for public engagement on the bond measure? • Tommy Bolea – Commented on the National Night Out Event held on Tuesday, gave thanks to all involved in putting it on . Spoke about the city purchas ing th e buil ding next to City Hall and adding an additional floor to that building versus con structing new building for police/fire and community center. Suggested other uses for the existing building. Spoke about the wild land between East Marina and East Garrison and the need to preserve it. Asked what happens it the city defaults on the bonds.
• Brian McCarthy – Announced his candidacy for Council Seat District 1 and provided his website address. A sked why there is public announcements on this special city council meeting when normally there isn’t.

2 MINUTES for Special City Council Meeting of Wednesday, August 3, 2022 Page 3

• Council Member Medina Dir ksen – Asked about the filing d eadline for persons interested in running for City C ouncil. Hats off to our police in our fire department for a very successful National Night Out last n ight. Announced that school is back in session , congratulations parents for getting through the summer . Spoke about White Hous e holding a summit on advanced air mobility including drones and EV Talls , Joe Benbevert, CEO of Joby A ero Inc. was there so hats off to Joby for putting Marina on the map . Commented on the retirement of Monika Colli er from our finance department. Spoke about the MST Surf Line and being awarded $25 million form the state to help fund the Surf Line.
• Council Member Berkley – Heads up to be on the lookout on social media on August 18th at 6:00 pm via Zoom the Marina Democratic Club co-sponsored with the Democratic Women of Monterey County as well as the Not-for-profit Housing is a Human Right, and Mont erey County Renters United will be hosting an event called Housing as a Human Rights, Affordable Rents Equal Homelessness Prevention.
• Mayor Delgado – event happening at Cal State University, Monterey Bay tomorrow, Thursday at 7 PM. and this Friday, August 5th at 7 PM at the World The ater will be a production put on by high school students from around the county who put their life challenges into this production. Spoke about atten ding National N ight Out. On Saturday at 9 :00 am-1:00pm volunteers are welcome outside the Marina Library to work on a Community Garden and Oak Woodman Restoration Project. On Sunday, August 14th from 1 0:00am-12:30 pm. we pick up litter along the rec. trail north of town at Lapis Road and Del Monte Blvd. A nnounced that next year Marina Earth Day is on April 15, 2023, outside the Marina Library.

7. CONSENT AGENDA FO R THE SUCCESSOR AGENCY TO THE FO RMER MARINA REDEVELOPMENT AGENCY: Background information has been provided 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 rout ine. All items under the Consent Agenda ar e normally approved by one motion. Prior to such a motion being made, any member of the public or the City Council may a sk a quest ion or make a c omment a bout an agenda item and s taff wil l provide a response. If d iscussion or a lengthy explanation is requ ired, that item will be removed from the Consent Agenda for Successor Agency to the former Marina Redevelopment Agency and placed at the end of Other Action Items Successor Agency to the former Marina Redevelopment Agency.

8. CONSENT AGENDA: Background information has been provided to the City Council, Airport Commission, Marina Abrams B Non-Profit Corporation, and Redevelopment Agency on all matters listed under the Consent Agenda, and these items are considered to b e routine. 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 discussion or a lengthy ex planation is required, that item will be removed from the Consent Agenda and placed at the end of Other Action Items. a. ACCOUNTS PAYABLE:
(1) Accounts Payable EFT’s and Check Numbers 100349-100459, totaling $461,034.79 b. MINUTES:
(1) July 6, 2022, Regular City Council Meeting
(2) July 12, 2022, Special City Council Meeting
c. CLAIMS AGAINST THE CITY: None
d. AWARD OF BID: None
e. CALL FOR BIDS: None
3 MINUTES for Special City Council Meeting of Wednesday, August 3, 2022 Page 4

f. ADOPTION OF RESOLUTIONS:
(1) City Council consider adopting Resolution No. 2022-98, approving the update to the 2022 Monterey County Multi-Jurisdictional Hazard Mitigation Plan, and; approve the update to V olume 2, Annex G, and; adopt the Monterey Count y Multi-Jurisdictional Hazard Mitigation Plan , incl uding Annex G as an official plan of the City of Marina.
g. APPROVAL OF AGREEMENTS:
(1) City Council consider adopting Resol ution No. 2022 -, approving Amendment No. 1 to the On-Call Landscape Architectural Services agreement between the City of Marina and Verde D esign, Inc. (Verde) increasing the annual contract limit to $650,000 for fiscal year 2022-2023; and authorizing the City Manager to execute the amendment on behalf of the City subject to fina l review and approval by the City Attorney. Pulled by m ember of t he public, becomes agenda item 11d
h. ACCEPTANCE OF PUBLIC IMPROVEMENTS:
(1) City Council cons ider adopting Resolution No. 2022 -99, accepting the dedication of Public Improvements as shown on the approve d Sea Haven Phase 5A Improvement Plans and Final Map , and; authorize the City Clerk to release bond securities, accept a warranty bond, and record acceptance with Monterey County Recorder’s Office.
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
Mike Owen requested to pull agenda item 8g(1)
BERKLEY/BIALA: THAT WE APPROVE THE CONSENT AGENDA MINUS 8g(1) . 5-0-0-0 Motion Passes by Roll Call Vote

9. PUBLIC HEARINGS:
a. City Council open a public hearing and consider adopting Resolution No, 2022-100, approving the assignment of the Development Agreement related t o the Marina Station Project to 3rd Millennium Partners; and read by title only a nd approve the first reading of Ordinance No. 2022-, approving the fir st ame ndment to the development agreement related to the Marina Station Project. Continued from June 21, 2022 and July 19, 2022
Council Questions: The air district and greenhouse gases, or in the solar are those per Stat e law he's outside of the nec essary? You mentioned CCNR’s and some other nomenclature can you just define what y ou were talking about ? FORTAG Trail = Was Fred Watson or any of the FORTAG Team involved in this? Development Area Parks = Do we have the approximate size s of the parks? Is it true that parks 1, 2, 6, and 8 will have restrooms ? How many ballfields are t here in this development? So how do we know if one baseball field in that Southwest Corner satisfies the needs for a baseball field for that community called Marina Station ? How do we know th at there's enough baseball fields for the city, since we lost t he one that was planned for par k 2? Where those 2 baseball fields decided 4 MINUTES for Special City Council Meeting of Wednesday, August 3, 2022 Page 5

during the master planning that had public engagement a few years ago that we referred to frequently? If we won't have any baseball fields in Northern Marina left and if we take th e baseball field here, so back to Lane's question, if we do a revision because we have to, because we've lost a couple amenities here that were part of our grand vision , w hat flexibility does M arina station have? be part of that revision? If we have a ba seball field at Park #5 at Marina Station, and we have a baseb all field, it's not ours, but it functions very well at Los A rboles Middle School, and we have baseball field s at Preston Park and Maybe we're going to have one maybe we're not going to have one at The Dune City Park next to the Sports Center , those that I just mentioned seem to represent North, Central and South Marina will it be this public process revisioning that will determine if we have enough baseball fields ; and what to do about it if we don't but that Marina Station sounds like it might be off the table to incorporate a baseball field if we find out tha t we need one there ? Do you know why we hav e in Marina Station planned 2 soccer stations and 1 baseball? Is there logic to that? You helped develop East Garrison, correct? When we talk about the footprints for the parks, and we’ve got $6.3 million to mitigate can we change a footprint to add things like pickle ball courts or things like that? Is there still time to negotiate what our residents might want ? Park maintenance, is there going to be a shar ed agreement between Marina and the developer? Will all the parks within the development be accessible to the public? Can y ou tell us w hat wou ld the total cost of this project would be w hen it ’s fully completed? Is M arina Station similar to the arra ngement th at we have with The Dunes ? Can the soccer filed that was eliminated from one park be placed in park 2? Why was the baseball field eliminated from park 2?
Berkley/Medina Dirk sen: we approve Resolution No. 2022-, approving the assignment of the development agreement related to the Marina Station Pr oject to 3 RD Millennium Partners and (2) read by title only in a way, further reading, and approve the first reading of ordinance 2022-, approving the first amendment to the development agreement related to the Marina Station project, and (3) that we come back and have a public information session to further discuss the parks.

Public Comments:
• Karen Andersen – Asked if Park 6 restrooms be av ailable to the Windy Hill Park users , will there be a f ence or border? Thanked everyone for their effort in protecting the ver nal pools. Thinks it would be well served to know just what the a ctive park am enities inventory throughout the city include.
• Ralph Sirtak – Spoke about the Boy S couts and using the American Legion building to hold meetings.
• Mike Owen – Asked about the FORTAG Trail on the eastern side; asked if the Maritime Chaparral ecosystem is allowed to flourish instead of being plowed under. Likes the idea the right-side trail goes by the landmark eucalyptus trees. Suggested trimming the northside of the eucalyptus trees to match the southside for aesthetic and safety reasons. Commented on saving the trees at the Dunes Park and never changing the footprint . Asked that along with bringing back the Recreation and Cultural Commission to include the Public Works, Commission to look at the infrastructure for these parks.
• Francine Rodd – Spoke about the First 5 Monterey County program and talked about a section in the General Plan that talks about childcare facilities, and it talks about Armstrong Ranch and industrial centers and that as the community grows that there would be a focus on childcare .

Hoping that as that section gets built out, we can look at setting aside some space for childcare. • Tommy Bolea – Asked if the parks will have artificial turf? Would prefer more indo or stuff such as daycare, swimming pool etc. Asked what was the lawyer litigation about? What percentage of the development is rentals when fully built out?
5 MINUTES for Special City Council Meeting of Wednesday, August 3, 2022 Page 6

• Jeff Holder – after seeing the amendment with the new trail systems coming , curious what the privacy is going to look like for the folks that have pr operty up against that that property line the fence line there? Also asked about the lighting concessions for the residents along that area. • John Laroco – Asked that as we're moving forward with informing the public on the bond measure coming forward and it looks like th ere's a lot of infrastructure that's been designed into the Marina Station phase if we can relay that information as we're informing the public going forward with the bond measure how we've pre -planned or how we're extending services, you know fire and schooling and additional services for the Marina.
• Brian McCarthy – Commented that it’s critical we continue to foster a good relationship with the developer, the community and the city and one way to do t hat is through the various commissions and boards ; and filling those boards with well qual ified community members who want to be engage. Provided a little background into the lawsuit/settlement agreement on Armstrong Ranch.

Restated Motion
BERKLEY/MEDINA DIRKSEN: THAT WE APPROVE RESOLUT ION 2022 -100,

APPROVING THE ASSIGNMENT OF THE DEVELOPME NT AGREEMENT RELATED TO THE MARINA STATION PROJECT TO 3 RD MILLENNIAL PARTNERS, AND READ BY

TITLE ONLY AND WAVE FURTHER READING AND APPROVE THE FIRST READING OF ORDINANCE, 2022 -, APP ROVING THE FIRST AME NDMENT TO THE DEVELOPMENT AGREEMENT RELATED TO THE MARI NA STATION PROJECT; AND

THAT WE DISCUSSED THE DETAILS OF THE PARKS IN A PUBLIC MEETING TO BE

HELD BETWEEN COUNCIL, PLANNING COMMISSION, AND PAR KS AND RECREATION COMMISSION; AND THAT ANYTHING THAT WE HA VE LOST, OR

THAT WE HAVE CURRENTLY LOST, AS IT PERTAINS TO THIS AGREEMENT IS

EITHER REALLOCATED SOMEPLACE ELSE IN THE CITY, OR WE RECEIVE THE LIEU OF FUNDS WHICH GO INTO THE PARKS IMPACT FEES . 4-1(Burnett)-0-0 Motion Passes by Roll Call Vote

10. OTHER ACTIONS ITEMS OF THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENCY: Action listed for each Agenda item is that which is requested by staff. The Successor Agency may, at its d iscretion, take action on any ite ms. The public is invited to approach the podium to provide up to four (4) minutes of public comment.

11. OTHER ACTION ITEMS: Action listed for each Agenda item is that which is requested by staff.

The City Council may, at its discretion, take action on any items. The public is invited to approach the podium to provide up to four (4) minutes of public comment.

Note: N o additional major projects or prog rams should be undertaken withou t review of the im pacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). a. City Council Consider adopting Resolution No. 2022-101, awarding a construction contract for the City Park Barracks and Cypress Knolls Buildings Blight Remo val 2022 Project to Unlimited Environmental Inc. of Long Beach, CA for the ba se bid in t he amount of $4,245,000; and allocating an d appropriating additional blight removal funding in the amount of $415,440 to project HSF 2101 and $161,560 to project HSF2103 for a total of $577,000; and authorizing the City Manager to execute contrac t documents subject to fin al revi ew and approval by t he City Attorney; and authorizing t he City Manager or his designee to expend up to an additional 10% of the contract amount for potential construction contingencies and to execute all construction change orders on behalf of the C ity; and authorizing the Finance Director to make necessary accounting and budgetary entries. 6 MINUTES for Special City Council Meeting of Wednesday, August 3, 2022 Page 7

Council Questions: None
DELGADO/BURNETT: THAT WE ADOPT RESOLUTION NO. 2022 -101, A WARDING A

CONSTRUCTION CONTRACT FOR THE CITY PARK BARRACKS AN D CYPRESS KNOLLS BUILDINGS BLIGH T REMOVAL 2022 PROJECT TO U NLIMITED ENVIRONMENTAL INC. OF LONG BEACH, CA FOR TH E BASE BID IN THE AMOUNT OF $4,245,000; AND ALLOCATING AND APPROPRIATING ADDITIONAL BLIGHT REMOVAL FUNDING IN THE AMOUNT OF $415,440 TO PROJECT H SF2101 AND $161,560 TO PROJECT H SF2103 FOR A T OTAL OF $577, 000; AND AUTHORIZING THE

CITY MANAGER TO E XECUTE CON TRACT DOCUMENTS SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY; AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXPEND UP TO AN AD DITIONAL 1 0% OF THE

CONTRACT AMO UNT FOR POTENT IAL CONSTRUCT ION CONTINGENCIES AND TO EXECUTE ALL CONST RUCTION CHANGE ORDERS ON BEHALF OF THE CITY; AND

AUTHORIZING THE FINANCE DIRECTOR TO MAKE NECESSARY ACCOUNTING AND BUDGETARY ENTRIES. 5-0-0-0 Motion Passes by Roll Call Vote Public Comment:
• Joshua Dome – CEO Resource Environmental, pointed out that the #1 and 2 bidders were not responsive of your specifications of holding the right licenses and certifications as specified in your big documents. Those irregularities were waved in favor of the motion tha t's in front of you and the right thing to do is to award to the only responsive bidder, which is Resource Environmental Inc, who had a fully compliant fully responsive bid, and was properly licensed at time of bid. • Sean Dowsing – Attorney representing Resource Environmental. Commented on the bid protest letter submitted and hopes council had time to read it before making any decisions. • Mike Owen – Overwhelmed with the how much focus was going into certification of tree service.

Spoke about an arborist would be accompanying staff on on-site inspections during tree removal and asked if one was hired.
• Les Martin – Spoke about the current timeline to get the blight removed and asked why is it taking so long? Looking forward to the Council approving this contract and moving forward. • Tommy Bolea – Asked if animal trapping was going to be cond ucted prior to demolition? Will reclaimed water be used to keep the dust down? Who will police the removal of the trees? Will all the workers be certified?
• Jill Du pleich – Vice president of a Limited Environmental. Provided clarification on the differences between “licensing and certificat ion”. Spoke about the RFP specifications, legal and procedural documents.
• Nestor Reyes – Commented about Resource Environmental’s bid protest letter and has no merit.

Resource Environmental should be flagged and not be allowed to participate in future projects. • Chase Tinsley – Spoke against the previous speakers Jill Dupleich’s and Nester Reyes’s comments.

Noted they we're the only contractor in the top 3 that did everything correct. We listed all the required subcontractors. We follow public contract. We had all require licenses. We had all required certifications. we are more than qualified, and we had no unfair advantages. b. City Council consider a dopting Resolution No. 2022-102 and Resolution No. 2022-01 (NPC), approving the approving the Abrams B Housing Area Budget for FY 2022-2023; and authorizing Finance Director to make appropriate accounting and budgetary entries.
7 MINUTES for Special City Council Meeting of Wednesday, August 3, 2022 Page 8

Council Questions: Did you factor in We looked at the m arch rate prices for our rentals to do factor in at all? How many people are paying below market rentals, and what that is costing our city for not being at market? Have we have done an analysis of what that differential is what the actual differential is between in-place residents and what the current market rate is? Public Comments
• Les Martin – Commented on the below market rate rents and the need to raise them. Asked about 17th Regiment Court and wh y th ey look the way the y do , a re they not a part of Abrams Park? Also commented on the Community Homel ess Solutions homes and why they are not being maintained.
• Denise Turley – Noted that the two properties that Mr. Martin spoke about do no t belo ng to Abrams or Preston Park even though they are geographically with in those neighborhoods. Noted that the market survey that was done was full of errors and missing information. • Tommy Bolea – Was not aware that Abrams was a non -profit in that area . Commented Marina being the biggest lan dlords in the city and now seeking a bond when the city is making ton s of money and exempt on property taxes.
• Liesbeth Visscher – Wanted to know if the city is making a profit there, or is the city losing money? Would there be room for a rent survey, so that the city can optimize their investments and being landlords there?
• Paula Pelo t – Responded to some of the questions and concerns of the prev ious speakers.

Commented on the bond on that property and the operating budg et Noted the city is not losing money, we are maintaining an asset.
• John Laroco – Was not aware city owned Abrams Park. Asked how quickly will that bond be paid off, in how many years? How much of the funds that are received are going towards the bond? After it is paid, what are we expecting for revenue for the general fund? BERKLEY/DELGADO: TO ADOPT RESOLUTION NO. 2022 -102 AND RESOLUTION NO. 2022-01 (NPC), APPROVING THE APPROVING THE ABRAMS B HOUSING AREA BUDGET FOR FY 2022 -2023; AND AUTHORIZING FINANCE DIRECTOR TO MAKE APPROPRIATE ACCOUNTING AND BUDGETARY ENTRIES. 5-0-0-0 Motion Passes by Roll Call Vote
c. City Council and C orporation Board consider adopting Resolution No. 2022-103 and Resolution No. 2022-01(PPSC-NPC), approving the Preston Park Sustainable Community Non-Profit Corporation Preston Park Housing Area Budget for FY 2022- 23; and authorizing Finance Director to make appropriate accounting and budgetary entries.

Council Questions: Although there is it discrepancy between in-place units and moving rental amounts per month that’s a little skewed due to the higher cost of sewage, water, etc. does that affect the discrepancy, or is it applied evenly to move in and in -place residents? Do we consider long-term moving to solar is that something we can plan for; does it make sense for these 2 pro perties? Would you think that it would financially pan out for us long term, because these are qui te a number of buildings, and we pay 10% utilities?
Public Comments:
• Liesbeth Visscher – Questioned whether we receive a daily report on the nightly s ecurity being billed for? Are all area checked four times per night or a quarter of the area? Will tenants be able to contact the security Company directly if they have any issues? 8 MINUTES for Special City Council Meeting of Wednesday, August 3, 2022 Page 9

• John Laroco – Asked what is ou r current interest rate that we're paying on P reston Park? Why, hadn't we looked at potentially refin ancing? If we can refinance, can we take some of those funds right now to pay towards the debt principle as opposed to just interest? • Paula Pelot – Answered the previous speaker ’s questions about paying down the loan. Have no other option tha n to refinance when we can. Commented about putting money awa y in the reserves. Hopes that we can save enough for a new p arking lot. Mentioned that this disparity between the old and new units that are being rented is that people who've been here for a long time do not have upgraded units. They don’t get “new” they get “repairs”.

BERKLEY/BURNETT: THAT WE ADOPT RESOLUTION NO. 2022-103 AND RESOLUTION NO. 2022-01(PPSC-NPC), APPROVING THE PRESTON PARK SUSTAINABLE

COMMUNITY NON-PROFIT CORPORATION PRESTON PARK HOUSING AREA BUDGET FOR FY 2022 -23, AND; AUTHORIZING FINANCE DIRECTOR TO MAKE APPROPRIATE ACCOUNTING AND BUDGETARY ENTRIES. 5-0-0-0 Motion Passes by Roll Call Vote

d. City Council consider adopting Resolution No. 202 2-104, approving Amendment No. 1 to the On-Call Landscape Architectural Services agreement between the City of Marina and Verde Design, Inc. (Verde) increasing the annual contract limit to $650,000 for fiscal year 2022 -2023; and a uthorizing the C ity Manager to execut e the amendment on behalf of the City subject to fina l review and a pproval by the City Attorney. Pulled by member of the public, was agenda item 8g(1) Council Que stions: Why are you allocating 400 K. and 415K versus just a 100 K for the Dunes s o, could you explain that and why? Is it better to do this in 2 steps , in the future you come back to us for more design allocation for the Dunes City Park, then increasing it, say 7 00,00 or 800,000 tonight ? Because we're trying to balance tr ee conservation preservation with maximum utilization of the park for things like ball fields and other activities. Is it possible that ball fields won't be able to be included if we maximize tree conservation, and you know and minimize grading in order to protect the trees?

Public Comments
• Mike Owen – Commented that both the Dunes City Park and Glorya Jean Tate Park are mentioned 5-time together is the staff report, but the information is pretty much focused on Gloria Jean Tate Park and asked how much money is going into each park? Commented on the park amenities .

Asked about the status of Tatum’s Tree House. Noted more information needs to be provided. • Liesbeth Visscher – Asked will the public have a chance to give any comments about the plan for that city sports park at the Dunes. Commented o n the elevation and height difference between Second Ave and the west side of the park. Will there be a baseball field versus two soccer fields? DELGADO/BIALA: THAT WE AD OPT RESOLUTION NO. 2022-104, APPROVING AMENDMENT NO. 1 TO THE ON-CALL LANDSCAPE ARC HITECTURAL SERVICES AGREEMENT BETWEEN THE CITY OF MARINA AND VERDE DESIGN, INC. (VERDE) INCREASING THE ANNUAL CONTRACT LIMIT TO $650,000 FOR FISCAL YEAR 2022 - 2023; AND AUTHORIZING THE CITY MA NAGER TO EXECUTE THE AMENDMENT ON

BEHALF OF THE CITY SUBJECT TO F INAL REVIEW AND APPROVAL BY THE CITY ATTORNEY. 5-0-0-0 Motion Passes by Roll Call Vote

9 MINUTES for Special City Council Meeting of Wednesday, August 3, 2022 Page 10

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

13. ADJOURNMENT: The meeting adjourned at 11:40 P.M.

Anita Sharp, Deputy City Clerk

ATTEST:

Bruce C. Delgado, Mayor
10 Agenda Item: 8b(2)
City Council Meeting of
September 7, 2022

MINUTES
Tuesday, August 16, 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 2022-94, 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 Agency of the Former Redevelopment Agency Members and Ma rina Groundwater Sustainability Agency)
MEMBERS PRESENT: Cristina Medina Dirksen, David Burnett, Mayor Pro -Tem/Vice Chair Kathy Biala, Mayor/Chair Bruce C. Delgado
MEMBERS ABSENT: Lisa Berkley (Excused)

3. CLOSED 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 Gro undwater Sustainabili ty Agency) may adjourn to a C losed or E xecutive Session to consider specific matters dealing with litigation, certain personnel matters, property negotiations or to confer with the City’s Meyers -Milias- Brown Act representative.
1 MINUTES for City Council Meeting of Tuesday, August 16, 2022 Page 2

a. Labor Negotiations
i. Marina Employee Association
ii. Marina Professional Fire Fighters Association
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
b. Performance Evaluation of Public Empl oyee, Unrepresented Employee (CA Govt.

Code Section 54957(b)(1) – City Manager

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

CLOSED SESSION
Heidi Quinn, City Attorney reported out Closed Session: The Council met tonight in closed session on 3 items: Labor Negotiations , Real Property Negotiations and Performance Evaluation of a Public Employee, and it is a unrepresented employee . As to all 3 items , information was provided, direction was given, but there was no reportable action 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 r eferred to st aff and/o r pla ced on a futu re agenda. City C ouncil members or City staff may briefly respond to stat ements made or que stions posed as permitted by Government Code S ection 54954.2. In order that all interested parties have an opportunity to speak, please limit comments to a maximum of four (4) minutes. Any member of the public may comment on any matter listed on this agenda at the time the matter is being considered by the City Council. • Karen Andersen – Asked Council when will the hand cars begin running this year, and will this be the last time they can run on the TAMC tracks?
• Nancy Amadeo – Thanked Public Works for the job done on Cardoza. A sked about the status of completing the resurfacing of Cardoza as far as the striping and marking of the parking lanes. • Liesbeth Visscher – Announced she is running fo r the City Council District 4 seat . Provided the public with some background information on herself and why she would like District 4 to vote for her.
• Alan M – Wanted to bring to the City C ouncil’s attention a severe erosion problem on the city side of our backyard fence , which backs up against General Pat ten Parkway. Brought this to the attention of city staff and was told the issue would be corrected, that was a whole ago . Extremely frustrated with the lack of action by the City and have reached the end of our patients, and fully intend to seek legal action against the city if no action is taken in the next 60 days 2 MINUTES for City Council Meeting of Tuesday, August 16, 2022 Page 3

• Roger Frick – Supports the previous speaker. The erosion problem is a safety concer n to those pedestrians who walk by this area. Hopes Council will find a way to fix this issue. • Colleen Beye – Thanked the Traffic Advisory Committee for all the work they are doing to ensure the safety at the intersection of California avenue and Carmel Avenue. Commented on the amount of children between both schools on Carmel Avenue that walk through that intersection before and after school.
• Paula Pelot – Spoke about an accident that occurred at Preston Drive and Imj in Parkway over the past weekend that involved two cars where one car went down the embankment and almost into the back yard of an Abrams Park resident near Arnold Court . Asked if a guardrail could be added to the TAMC Roundabout Project along that stretch of roadway. • Council Member Medina Dirksen – Thank public works for the improved lighting at the crosswalk going to Wendy Hill Park and inspecting the signs in the same neighborhood. Announced Marina, Youth Baseball/Softball is looking for board members for next year and anybody who was interested should go to their website . Announced a new Brownie Troop is coming to Marina for 2nd and 3rd graders. There will be an informational session on August 18th at 5:30 pm at the Marina Library.
• Council Member Burnett – Announce that the surf p roject is moving along . This is the M ST project to have a dedicated busway between Marina and Sand City that there is going to be several opportunities to ask questions and get information about this project on August 16 th at the old Monterey marketplace i n Monterey, August 27 th and 28 th at the West End Festival in Sand City , August 31st from 6:00-8:00pm at the Carpenter Union. Hall, and on September 1 st at the Monterey County Fair.
• Mayor Delgado – Commented on the volunteer community cleanup and thanked all the volunteers.

Next event is the second Sunday in September at the southern Lapis Road and Del Monte at 10:00am. September 11 th is the Oak Woodland Plant work and Community Garden work at the Marina Library. Commented on the Coastal Commission, California Department of Water Resources, Fishing Game, Cal Trans. California Conservation, core and other State agencies, had representatives at the Marina Library a 2-day workshop at the Marina L ibrary and thanked Mayor Pro Tem Biala for hosting this event.

7. CONSENT AGENDA FOR THE SUCCESSOR AGENCY TO THE FO RMER MARINA REDEVELOPMENT AGENCY: Background information has been provided to the S uccessor Agency of the former Redevelopment Agency on all matters listed under the Consent Agenda, a nd these item s are considered to be routine. Al l items under the Consent Agenda ar e normally approved by one motion. Prior to such a motion being made, any member of the public or the City Council may ask a quest ion or make a comment a bout an agenda item and staff wil l prov ide a response. If discussi on or a lengthy explanation is required, that item will b e removed from the Consent Agenda for Successor Agency to the former Marina Redevelopment Agency and placed at the end of Other Action Items Successor Agency to the former Marina Redevelopment Agency.

8. CONSENT AGENDA: Background information has been provid ed to the City Council, Airport Commission, Marina Abrams B Non-Profit Corporation, and Redevelopment Agency on all matters listed under the Consent Age nda, and these items are considered to be routi ne. All items under the Consent Agenda are normally appro ved by one motion. Prior to such a motion being made, any member of the public or the City Council may ask a 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. 3 MINUTES for City Council Meeting of Tuesday, August 16, 2022 Page 4

a. ACCOUNTS PAYABLE:
(1) Accounts Payable Check Numbers 100460-100595, totaling $922,490.04 Accounts Payable for Successor Agency Check Number 91, totaling $3,772.50 b. MINUTES:
(1) July 26, 2022, Special City Council Meeting
c. CLAIMS AGAINST THE CITY: None
d. AWARD OF BID: None
e. CALL FOR BIDS:
(1) City Council consider adopting Resolution No. 2022-, approving advertising and call for bids f or the execution of the California Avenue P edestrian Crossing Installation project. Pulled by Mayor Delgado, becomes agenda item 11b f. ADOPTION OF RESOLUTIONS:
(1) City Council consider adoptin g Resolution No. 202 2-105, regarding the Ralph M. B rown Act (California Go vernment Code §§54950 -54963, making c ertain findings; and authorizing t he city to continue to i mplement remote teleconferenced public meetings of the City Council and its constituent bodies for the period August 21, 2022, through September 19, 2022. g. APPROVAL OF AGREEMENTS: None
h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
i. MAPS: None
j. REPORTS: (RECEIVE AND FILE): None
k. FUNDING & BUDGET MATTERS:
(1) City Council consider adopting Resol ution No. 2022 -, a pproving a professional services agreement between the City of Marina and Axiom Home Tech to install the Marina Library AV System; and receiving, allocating, and appropriating $7,500 from the Friends of Marina Libr ary to the QLF2111 project budget ; and allocating and a ppropriating $11,000 from the unallocated General Fund balance to the QLF2111 project budget; and authorizing the City Manager to execute the agreements on behalf of the City subject to final review an d approval by the City Attorney; and authorizing the City Manager to amend the contract to increase the contract limit up to an addit ional 10% of the con tract amount in the event of material cost escalation ; and authorizing the Finance Director to make nec essary accounting and budgetary entries. Pulled by Coun cil Member Medina D irksen, becomes agenda item 11a
l. APPROVE ORDINANCES (WAIVE SECOND READING):
(1) City Council read by title only an d consider adopting Ordinance No. 2022-05, approving the fir st a mendment to the dev elopment ag reement related t o the Marina Station Project.
m. APPROVE APPOINTMENTS: None
Council Member Medina Dirksen requested to pull agenda item 8k(1) 4 MINUTES for City Council Meeting of Tuesday, August 16, 2022 Page 5

Mayor Delgado requested to pull agenda item 8e(1)
DELGADO/BIALA: TO APPROVE THE CONSENT AGENDA MINUS 8e(1) AND 8k(1) . 4-0- 0-1(Berkley) Motion Passes by Roll Call Vote

9. PUBLIC HEARINGS: None

10. OTHER ACTIONS ITE MS OF THE S UCCESSOR A GENCY TO THE FORMER MARINA R EDEVELOPMENT AGEN CY: 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 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: No additional major projects or prog rams should be undertaken w ithout r eview of the impacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). a. City Council consider adopting Resolution No. 2022-106, approving a professional services agreement between the City of Marina and Axiom Home Tech to install the Marina Library AV System; and receiving, allocating, and appropriating $7,500 from the Fr iends of Marina Library to the QLF2111 project budget ; and allocating and appropriating $1 1,000 from the unallocated General Fund balance to the QLF2111 project budget ; and authorizing the City Manager to execute the agreements on behalf of the City subjec t to final review and approval by the City Attorney; and authorizing the City Manager to amend the co ntract to increase the contract limit up to an additional 10% of the con tract amo unt in the event of material cost escalation ; and authorizing the Finance Director to make necessary accounting and budgetary entries. Pulled by Council Member Medina Dirksen, was agenda item 8k(1)
Council Questions: Will this new equipment be accessible to the City of Marina? What is the official relationship between the frien ds of the Marine Library and the city ? Does the new equipment allow for wireless connect ion, would there be the possibility that a wireless laptop could connect to the projector? How do we let everybody use this and protect against abuse or unintentiona l damage done in equipment? How long had the friends been initiating this project? Will it be equipped for zoom? Public Comments:
• Melissa Mejia – Spoke about the use of the Library Community R oom and the policies and procedures to use the room. Expressed gratitude for the work being done to improve the AV in the room.
• Denise Turley – Asked if there is a conflict with the use of the room i f the library staff ever referred someone to an alternate facility ? Asked if TV co nnection would be installed? Who is responsible for making sure the remotes for the AV work properly and are the forms to fill out in case there are issues?
• Grace Silva-Santella – Thanked the City staff for working on this project. Noted that Friends of the Marina Library had attended on the meetings on this project and are pleased with the outcome. • Tommy Bolea – Commented on the price for the entire project. • Jeffrey Markham – Asked if maintenance and repair are included with the contract? 5 MINUTES for City Council Meeting of Tuesday, August 16, 2022 Page 6

• Karen Andersen – Noted to the public that the all the costs associated with this project can be found in the staff report and exhibits.

DELGADO/MEDINA DIRKSEN: TO ADOPT RESOLUTION NO. 2022 -106, APPROVING A

PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF M ARINA AND AXIOM HOME TECH TO INSTALL THE MARINA LIBRARY AV SYSTEM; A ND RECEIVING, ALLOCATING, AND APPROPRIATING $7,500 FROM THE FRIENDS OF MARINA LIBRARY TO THE QLF2111 PROJECT BUDGET; AND AL LOCATING AND APPROPRIATING $11,000 FROM THE UNALLOCATED GENERAL FUND BALANCE TO THE QLF2111 PROJECT B UDGET; AND AUTHORIZING THE CITY MANAGER TO

EXECUTE THE AGREEMENTS ON BEHALF OF THE CITY SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY; AND A UTHORIZING THE CITY

MANAGER TO AMEND THE CONTRACT TO INCREASE THE CONTRACT LIMIT UP TO AN ADDITIONAL 10% OF THE CONTRACT AMOUNT IN THE E VENT OF MATERIAL COST ESCALATION; AND A UTHORIZING THE FINANCE DIRECTOR TO MAKE NECESSARY ACCOUNTING AND BUDGETARY ENTRIES . 4-0-0-1(Berkley) Motion Passes by Roll Call Vote

b. City Council conside r adopting Resolution No. 2022 -107, approving advertising and call for bids f or the execution of the California Avenue P edestrian Crossing Installation project. Pulled by Mayor Delgado, was agenda item 8e(1) Council Questions: What steps does Council have to take to try to get some art on the utility box on California Ave?
DELGADO/MEDINA DIRKSEN : TO A DOPT RESOLUTION NO. 2022 -107, APPROVING

ADVERTISING AND CALL FOR BIDS FOR THE EXECUTION OF THE CALI FORNIA AVENUE PEDESTRIAN CROSSING INSTALLATION PROJECT; AND THAT STAFF

COME BACK TO US W ITH OPTIONS OF HOW TO GET ARTWORK INTO OUR

ELECTRICAL BOXES FOR THIS AND FUTURE NEW TRAFFIC SAFETY FEATURES SUCH AS SIGNAL LIGHT ELECTRICAL BOXES. 4-0-0-1(Berkley) Motion Passes by R oll Call Vote
Public Comments:
• Les Martin – Noted that the c rosswalk looked like it was on the wrong side but was told that the other side had the bike path. Asked if an additional sidewalk would be installed on that side of the development?
• Nancy Amadeo – Stated that Marina Yo uth Arts has taken on the painting of the utility boxes around Marina and suggested that staff contact Nick Kite. • Liesbeth Visscher – Familiar with this area and thanked staff for the proposed crosswalk and noted that the strip ing needs to be improved there sooner rather than later and also thanked staff for anticipating the future traffic lights when the amount of traffic will increase there. • Jeffrey Markham – Thankful this project is being done and just in time for school. Asked if there's any additional traffic calming that can be done from the li ght at Imjin down to this particular intersection?
6 MINUTES for City Council Meeting of Tuesday, August 16, 2022 Page 7

• Denise Turley – Noted the map of the area showed a differe nt walkway not having anything to do with the roadway and asked if that is still current and then will another crosswalk be needed .

Agrees with previous speaker about additional traffic calming in that area. • Tommy Bolea – Commented on the speed of vehicles at the inter section of Imjin and California and the near misses of accidents in that area. Com mented on the need for better bike lanes and lot allowing commercial vehicles on California Ave. Suggested speed bumps for traffic calming.

c. City Council consider ado pting Resolution No. 2022 -108, approving the Local Roadway Safety Plan (LRSP).

Council Questions: Are the roundabouts and roundabout signs working in our city? Imjin has had about 61-79 crashes along it, is this a viable area to put r oundabouts? The roundabouts at Del Monte and Beach. did you say that the number of crashes is less than they used to at that intersection when it was a 4 way stop? If we wanted to have the data supporting the pre and post numbers and severity of that roundabout is that information available to us ? Clarification on AB843, we were told at the time that we had to increase the speed limits in order for enforcement to occur and it was said that there's something else happening where we can actually lower the speed limits again , correct? Many of your countermeasures are more physical kind of changes so by contrast to implementing those things that would m anage spee d h ow do you contrast them to the effect of enforcement in terms of police involvement with tickets? Engineering Countermeasure Toolbox, ar e these things we use when applying for grants? Considering the size of our city and the number of streets, and how they connect, would you say that we're average in terms of safety you know being able to negotiate the city bicycle pedestrian vehicle or do we have a lot of work to d o? Are there reports that would help us to come to some kind of a grading of where we are? We have a number of large capital projects involving our roadways, and we have a number of housing projects scheduled to begin , t aking this analysis and looking at these projects, do you see a way that we could use this data to suggest or in form a designs and maybe new ordinances speed zones those kinds of things ? Does our police department base their patrolling and traffic monitoring on this kind of data?

MEDINA DIRKSEN/DELGADO: THAT WE ADOPT RE SOLUTION NO. 2 022-108, APPROVING THE LOCAL ROADWAY SAFETY PLAN (LRSP); AND DIRECT STAFF TO COME BACK WITH US WITH PRE -ROUNDABOUT AND POST-ROUNDABOUT DATA. 4- 0-0-1(Berkley) Motion Passes by Roll Call Vote
Public Comments:
• Denise Turley – Concerned about bicycle safety at one of the proposed sites which is Abrams and Imjin Road. Asked if there’s a possibility to get share the road signs with bicyclists or some kind of warning?
• Brian McCarthy – presentation was interesting, asked where can the public and other interested parties both learn more abou t kind of the work that's being done here ? Commented about the mention of stakeholders in the presentation. Spoke about advocates for ame nding the engineers suggested speed limits throughout the city and traffic fatality concerns . Asked if it would be appropriate or advisable to do by street segments into smaller sections during the next speed study to get more accurate speed limit counts for particular sections , for the traffic circles themselves versus that whole road segment?
7 MINUTES for City Council Meeting of Tuesday, August 16, 2022 Page 8

• Les Martin – Great study, can see the opportunity to get a lot of grant money from the State from the work . Has concerns about Imjin and Third Avenue and then New Fourth Avenue, which neither one has a right turn lane and the speed which people drive. • Liesbeth Visscher – Interesting report and presentation . Was one of the concerned residents who worked hard to limit the speed limit increases that the city was forced to accept because of that States of the States 85 percentile rule. Asked since the signing of AB43, how this new bill can help increase safety by lowering speed limits on some of the roads on some road segments ? Commented about the poor striping of the bike lanes along California Ave. Is the city planning to we review the speed limits sooner than the next traffic survey is due because of the new A B43 and is the city planning to increase speed, speed lim it enforcements, especially before the next traffic survey?
• Tommy Bolea – Asked why the traffic surveys never include accident rates, DUI’s and time of day measured? Asked if p olice department can monitor the streets remotely and mail the m their tickets? Do we have license plate camera’s like in other cities? Suggested turning Imjin into a Toll Road for non-residents.
• Karen Andersen – Excellent presentation . Spoke about the two different driving instructor agencies that bring students to drive on the roundabouts and hopes to see some literacy on how to negotiate traffic circles.

d. City Council consider a dopting Resolution No. 2022 -109, authorizing the resumption of the Recreation and Cultural Services Commission, the Public Works Commission, the Economic Development Commission a nd the Tree Committee ’ and authorizing the disbanding of the Design Review Board.

Council Questions: What's the relevance of the Economic Development Commission concept ? Is it effective? What have what products have actually come out of that commission before now ? What have they actually done? How many members are in each commission/committee? if we put out the advertising for new commissioners and we don't get the full complex do we not start the commissions up again, and could that take a while, then? Or can we start with just a supposed quorum ? Can the overall objective standard s be found in multiple do cuments/places? If the D RB is disbanded will we still have the preferences for the signs based on the current sign program?

Delgado/Biala: that we authoriz e the re sumption of the Recreation and Cultural Services Commission, The Public Works, The Economic Development Commission after staff comes t o us with some more information on that particular Commission and the Tree Com mittee, and we authorize the disbanding of the Design Review Board.

Public Comments:
• Nancy Amadeo – Appreciates and supports the motion. Noted she was the Council Liaison to the EDC and that commission was discouraged because they heard reports and took no action on them and didn’t even know the council ’s priorities for the year. In favor of the Design Review Board going away as long as there is some peer review.
• Brian McCarthy – Thinks that our new Community Development Director Guido Persicone is leading our community development department in a positive direction and sensitive to the amount of work that department is doing . Thinks an architect should be contracted on an annual basis .

Commented on the disbandment of the D esign Review Board. Asked the council members who 8 MINUTES for City Council Meeting of Tuesday, August 16, 2022 Page 9

were once planning commissioners if the DRB was helpful or not. Commented on objective design standards.

Council Member Me dina asked for a f riendly amendment: to come back within 6 months , or reasonable timeframe, as staff capacity allows, to revisit our ability t o have an architectu ral review committee and with possible timelines.

Restated Motion
DELGADO/BIALA: THAT WE'RE ADOPTED RESOLUTION ATTACHED TO OUR STAFF

REPORT, AND WE RESUME THE RECREATION AND CULTURAL SERVICES

COMMISSION, THE PUB LIC WORKS CO MMISSION AND THE TREE COMMUNITY,

AND LET THE STAFF COME BACK TO US AT THEIR PACE WITH THE ECONOMIC DEVELOPMENT COMMISSION AND DESIGN REVIEW BOARD FURTHER ANALYSIS .4- 0-0-1(Berkley) Motion Passes by Roll Call Vote

e. City Council receive an update report on the Cypress Knolls property. f. City Council consider adopting Resolution No. 2022-, amending Resolution No. 80- 71, as amended, Establishing the Rules and Procedures for t he Conduct of Meetings; amending Parag raph 8 regarding Order of Business and C onsideration and Sequence of Agenda Items; amending Paragraph 9 regarding Preparation of the Minutes; amending Paragraph 13 regarding Debate; amending Paragraph 27 regarding Manner of Addressing Council ; and approving a new Agenda format in substantially the same form. Continued to September 20, 2022

12. COUNCIL & STAFF INFORMATIONAL REPORTS:
a. Monterey County Mayor’s Association [Mayor Bruce Delgado] b. Council and staff opportunity to ask a que stion 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 ad journed at 10:30 pm in memory of Ventura County Supervisor Carmen Ramirez.

Anita Sharp, Deputy City Clerk

ATTEST:

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

Honorable Mayor and Members City Council Meeting
of the Marina City Council of September 7, 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 SEPTEMBER 20 , 2022, THROUGH OCTOBER 20, 2022 , PURSUANT TO BROWN ACT PROVISIONS.

REQUEST:

It is requested that the City Council consider:

1. Adopting Resolution No. 2022-, 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 September 20, 2022, through October 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 us e 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 th at 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; on July 19, 2022, Resolution No. 2022-94 on August 16, 2022 Resolution No. 2022 -105, 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 September 19, 2022.

ANALYSIS:

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

As the Delta variants surged in California, the legislature took action to extend the COVID -19 exemptions to the Brown Act’s teleconference requirements, subject to some additional requirements.

California and Monterey County are presently continuing to experience cases of the rapidly-spreading Omicron variant. Assembly Bill 361 amended Government Code §54953 and allowed a local agency to use teleconferencing in any of the following circumstances without complying with certain Brown Act provisions:

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

2. The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a res ult 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 of the meeting and posting agendas as required under the Brown A ct. These additional requirements are intended to protect the public’s right to participate in the meetings of local agency legislative bodies. The City of Marina adheres to the listed requirements.

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

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

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

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

FISCAL IMPACT:

None identified.

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 September 20, 2022, through October 20, 2022, pursuant to Brown Act provisions.

Respectfully submitted,

___________________________
Layne Long
City Manager
City of Marina

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 SEPTEMBER 20, 2022, THROUGH OCTOBER 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; on July 19, 2022 Resolution No. 2022 -94; on August 16, 2022, Resolution No. 2022-105 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 September 19, 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
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 Califor nia 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 broadcasting the meeting to the public using the call -in or internet - based service option or is within the local agency’s contr ol and prevents the public from submitting public comments (any action taken during such a service disruption could be challenged under the Brown Act’s existing challenger provisions).

Resolution No. 2022-
Page Three

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

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

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

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

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

Section 2. Affirmation that Local Emergency Persists . The City Council hereby reconsiders the conditions of the state of emergency in the City and proclaims that a local 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 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; 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.

Resolution No. 2022-
Page Four

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting held this 7th day of September 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

ATTACHMENT 1
August 25, 2022 Item No. 8g(1)

Members of the Marina City Council Meeting
City Council of September 7, 2022

CITY COUNCIL CONSID ER ADOPTING RESOLUTION NO. 2022 -,

APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH
RAIMI+ASSOCIATES FOR THE DEVELOPMEN T OF OBJECTIVE DESIGN STANDARDS.

REQUEST: It is requested that the Marina City Council:

1. Adopt a Resolution No. 2022 -, approving a Professional Services Agreement with Raimi+Associates for the preparation of Objective Design Standards for an amount not to exceed $167,000;

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

3. Authorize the City Mana ger to execute the Agreement on behalf of City with Raimi+Associates subject to final review by the City Attorney.

SUMMARY:

In addition to the plethora of housing bills, after January 1, 2020, multifamily housing projects, transitional and supportive housing , and mixed-use projects with at least two -thirds (2/3s) of the square footage designated for residential uses, must be r eviewed for conformance with objective zoning standards:

“Objective design standard” means a design standard that involve no personal or subjective judgment by a public official and is uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official before submittal of an application.1

If a city wants to deny a housing project2, it must make specific findings of fact detailing how the project i s not consistent with obje ctive design standards and that the project has a specific adverse effect to public health and safety that can ’t be mitigated in any other way. 3 In effect “super findings of fact ” must be made to deny a multifamily housing and mixed-use project moving forward.

A standard Professional Services Agreement (Agreement) for this item is included as EXHIBIT A and includes the consultant’s scope of work, schedule, and insurance and liability information.

BACKGROUND:

The Community Develo pment Dept. (CDD) released a Request for Proposals (RFP) to solicit proposals for the development of ODS and received four (4) qualified submittals. Staff interviewed all consultants an d selected Raimi+Associates based on experience, understanding of the t ask, familiarity, and competitive budget.

1 Housing Accountability Act and Senate Bill 35 (Government Code Sections 65589.5 and 65913.4), 2 Per recent changes to the Housing Accountability Act (HAA) a housing project is defined as two or more units. 3 Metropolitan Transportation Commission (MTC) presentation:
https://mtc.ca.gov/sites/default/files/Planning_Innovations_Presentations.pdf 1 In addition to helping the City meet the requirements of the variety of new housing laws mentioned in this report and Housing Element implementation measures, the Objective Design Standards will include the following elements:

• Review and analyze the City’s existing policy documents, development standards and regulations, and permit procedures to become familiar with the physical form of the city, determine key development areas, and identify concerns, issues, challenges, and/or changes in the City’s design guidance.
• Engage with City staff, community members, decision makers, and development professionals.
• Analyze architectural precedents to understand how development standards and design guidelines are currently being interpreted and applied. • Test fit typical development sites to analyze new design standards. • Update current regulations to conform to State Law, including removing subjective design language from existing documents (e.g., General Plan). • Draft Citywide Objective Design Standards for single-family, multifamily, and mixed- use development that reflect the community’s vision and improve compatibility between new development and surrounding neighborhoods.
• Incorporate compelling, easily digestible supporting design graphics. • Streamline project review and permitting for residential and residential mixed -use developments.

An important item to note is that ODS are not intended to be “style” guidelines or standards that require particular architectural design features or cultural themes, but focus instead o n building form, bulk and massing, site planning (setbacks, lot coverage, height, etc.), and building frontage requirements. The ODS are intended to bala nce the need for standardiz ation with local context- based conditions.

FISCAL IMPACT:

Consultant fees for the development of the Objective Design Standards (ODS) will be pr ovided through the City’s Regional Early Action Planning ( REAP) grant ($65,000) and the City ’s Community Development Department from increased license and permit revenues within the Building Inspection Department. Staff has analyzed building permit revenues from commercial and residential construction and identified an increase in budgeted revenues for the current fiscal year which will fully off set the project cost. The REAP grant is provided by the State’s Housing and Community Development Dept. (HCD) and administered by the Associat ion of Monterey Bay Area Governments (AMBAG).

ENVIRONMENTAL REVIEW:

The approval of this Professional Services Agreement is not subject to California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelin es, California Code of Regula tions, Title 14, Chapter 3, Sections : 15060(c)(2), because the proposed ordi nance will not result in a direct or reasonably foreseeable indirect physical change in th e environment; and 15061(b)(3), because the pr oposed ordinanc e is covered by the general r ule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

CONCLUSION:

This request is submitted for City Council consideration.

2 Respectfully submitted,

Alyson Hunter, AICP
Sr. Planner, Community Development Dept.

City of Marina
REVIEWED/CONCUR:

_____________________________
Guido F. Persicone, AICP
Director, Community Development Dept.

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 PROFESSIONAL SERVICES AGREEMENT WITH
RAIMI+ASSOCIATES FOR THE DEVELOPMEN T OF OBJECTIVE DESIGN STANDARDS FOR AN AMOUNT NOT TO EXCEED $167,000; AND AUTHORIZE

THE FINANCE D IRECTOR TO MAKE NECESSARY ACCOUNTING AND

BUDGETARY ENTRIES, AND AUTHORIZE T HE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF O F CITY WITH RAIMI+ASSOCIATES SUBJECT TO FINAL REVIEW BY THE CITY ATTORNEY.

WHEREAS, the City of Marina desires to develop Objective Design Standards in an effort to comply wit h State law and streamline the development of all types of housing projects in an effort to forward the housing goals of the City and the State of California;

WHEREAS, the City conducted a competitive request for proposals and received proposals from four (4) qualified consultants. Each of the consultan ts were interviewed by staff using a standard format and a successful candidate was selected;

WHEREAS, completion of the Objective Design Stan dards requires a Professional Services Agreement with the candidate selected for the contract, Raimi+Associates, a community planning and urban design firm with local experience; and

WHEREAS, the approval of this Prof essional Services Agreement is not subject to Ca lifornia 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 ordi nance will not result in a direct or reasonably fore seeable indirect physi cal change in th e environment; and 15061(b)(3), because the pr oposed ordinance is covered by the general r ule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

NOW, THER EFORE, BE IT RESOLVED that the City Council of th e City of Marina does hereby:

4. Adopt a Resolution No. 2022 -, approving a Professional Services Agreement with Raimi+Associates for the preparation of Objective Design Standards for an amount not to exceed $167,000;

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

6. Authorize the City Mana ger to execute the Agreement on behalf of City with Raimi+Associates subject to final review by the City Attorney.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 7th of September 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 SERVICES

FOR THE DEVELOPMENT OF OBJECTIVE DESIGN STANDARDS
__________________________________________
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 Raimi+Associates, a Planning consulting firm, 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 prepare Objective Design Standards consistent with California State law, hereinafter referred to as the “Project.” B. Contractor represents and warrants that it has the qualifications, experience, and personnel necessary to properly perform the services as set forth herein.

A. Consultant represents that it has the degree of specialized expertise contemplated within California Government Codes §§37103 and 53060 and holds all necessary licenses to practice and perform the services herein contemplated.

B. 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.

EXHIBIT A
5 (d) Contractor is responsible for making an independent evaluation and judgment of all relevant conditions affecting performance of the work, inc luding without limitation site conditions, existing facilities, soils, hydrologic, geographic, climatic conditions, applicable federal, state and local laws and regulations and all other contingencies or considerations.

(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 September 30, 2023 unless extended by amendment or terminated earlier 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 September 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 Agreement City shall compensate Contractor in an amount not to exceed one hundred sixty-seven thousand dollars ($167,000) in accordance with the provisions of this Section and the Cost Estimate attached hereto as Exhibit A 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 dispute 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.

6 (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. Contractor shall make ava ilable 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 the prior written authorization.

(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 rei mbursed to Contractor.

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 affected 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 affected 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.

5. Project Administrator, Project Manager & Key Personnel.

(a) City designates as its Project Administrator Guido Persicone, Community Development Director , 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.

7 (b) Contractor designates Simran Malhotra 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 war rants 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: Simran Malhotra, Alessandra Lundin, and Jasmine Williams of Raimi+Associates ; Megan Jones of Rincon Consultants, Inc.; and Christy Hopper, Planning Services Manager and Guido Persicone, CDD Director, of the City of Marina.

6. Delegation of Work.

(a) If Contractor utilizes any subcontractors other than set forth in Exhibit A 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 ful ly responsible and liable for the p a y m e n t , administration, completion, presentation and quality of all work performed. 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. Confidential and Proprietary Information. In the course of performing services under this Agreement Contractor may obtain, receiv e, and revi ew confidential or proprietary docu ments, 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.

8 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, GIS files, 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 reproducibles 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. Contractor shall represent the interest of the City in any discussion or negotiation.

(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.

(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 Agreement, during the term of his or her tenure or service with City and for one year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof or obtain any present or anticipated material benefit arising therefrom.

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

9 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 and 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 & Hold Harmless.

(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 indemnify, defend (with independent counsel reasonably acceptable to the City) and hold harmless City, its Council, boards, commissions, e mployees, officials and agents (“Indemnified Parties” or in the singular “Indemnified Party”) from and against any claims, losses, damages, penalties, fines and judgments, associated investigation and administrative expenses, and defense costs including but not limited to reasonable attorney’s fees, court costs, expert witness fees and costs of alternate dispute resolution (collectively “Liabilities”), resulting from property damage, bodily injury or death arising out of the operations in the performance of this Agreement by Contractor, its officers, employees, agents and sub-contractors. 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 obligation shall be reduced in proportion to the established comparative liability of the Indemnified Party. Notwithstanding the foregoing, with respect to Contractor’s professional liability (as opposed to Contractor’s operations covered by Commercial General Liability Insurance), to the fullest extent permitted by law, Contractor shall indemnify and hold harmle ss the Indemnified Parties from any and all losses, costs, damages and expenses, (including the reimbursement of reasonable attorneys’ fees), that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor . If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an Indemnified Party, the Contractor’s 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 are design professional services to be performed by a design professional, as that term is defined under said section 2782.8, Contractor shall indemnify, protect, defend (with independent counsel reasonably acceptable to the City) and hold harmless City and any Indemnified Party for all Liabilities regardless of nature or type that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor, or the acts or omissions of an officer, employee, agent or subcontractor of the Contractor. 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 obligation shall be reduced in proportion to the established comparative liability of the indemnified party.

10 (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.

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 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) 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 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 “B” “Insurance” attached hereto and made a part hereof. Contractor shall furnish the City with original certificates of insurance, signed digitally 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. Specificall y, 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.

(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. 11 (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 have reviewed and considered the principal test and secondary factors herein and 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. City agrees that Contractor shall have the right to control the manner and means of accomplishing the result contracted for herein.

Principal Test: The Contractor rather than the City has the right to control the manner and means of accomplishing the result contracted for.

Secondary Factors: (a) The extent of control which, by agreement, City may exercise over the details of the work is slight rather than substantial; (b) Contractor is engaged in a distinct occupation or business; (c) in the locality, the work to be done by Contractor is usually done by a specialist without supervision, rather than under the direction of an employer; (d) the skill required in the particular occupation is substantial rather than slight;(e) the Contractor rather than the City supplies the instrumentalities, tools and work place; (f) the length of time for which Contractor is engaged is of limited duration rather than indefinite; (g) the method of payment of Contractor is by the job rather than by time; (h) the work is pa rt of a special or permissive activity, program, or project, rather than part of the regular business of the City; (i) Contractor and City believe they are creating an independent contractor relationship rather than an employer -employee relationship; and (j) the City conducts public business.

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.

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 12 with the rules of the American Arbitration Association. The decision of the arbitrator shall be binding, 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., etc.

(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 att empt 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 facsimile (“fax”) 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
Fax: (831) 384-9148

To Contractor: Raimi+Associates
706 South Hill Street, 11th Floor
Los Angeles, CA 90014
Phone: 213.599.7670
Fax: ____________________

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.

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.
13 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. It is understood and agreed to by the Contractor and the City that they cannot, and will not, claim Force Majeure based on an economic downturn of any type. 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 days and not workdays. 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 aware 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 or not 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, but both of which together shall constitute one and the same instrument.

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

14 33. Time. Time is of the essence in this contract.

34. Exhibits . In the event of any conflict between the Terms and Conditions and any terms or conditions of any document prepared or provided by the Contractor and made a part of this Agreement, including without limitation any document relating to the scope of services or payment therefore, the Terms and Conditions of this Agreement shall control over those terms and conditions .

35. 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: By:

Name: Layne Long Name: Simran Malhotra
Its: City Manager Its: Vice President | Principal, Raimi+Assoc.__ Date: Date:

Attest: (Per Resolution 20__-__)

___________________________
Deputy City Clerk

Approved as to form:

By:

City Attorney
15 EXHIBIT A

SCOPE OF WORK

Revised Version Received 8-11-22
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1 CREATION OF OBJECTIVE

DESIGN STANDARDS FOR

SINGLE-FAMILY, MULTIPLE-

FAMILY, AND MIXED-USE

DEVELOPMENTS
City of Marina
City of Marina ODS | Revised August 11, 2022
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imi + associates 2
Exhibit A: Scope of Work and Cost Estimate
The following work plan outlines the proposed scope of work. If selected, R+A will collaborate with staff to finalize the scope of
work and schedule. The work plan assumes a 15-month process.

Task 1: Project Initiation & Management
Task 1.1 - Project Kick Off Meeting
R+A will attend a an in-p erson kick-off meeting with City staff to establish a mutual understanding of the key issues, discuss expectations, and lay out project milestones, meeting times, public workshops, and deliverables.

The kickoff meeting will occur on the same day as the city tour outlined in Task 1.2 below.

Task

1.2 – City Tour
R+A
will attend an in-p erson city tour on the same day as the project kickoff meeting, to gain additional insight related
to community character and recent development projects. This may include conducting site visits with staff to review patterns and scales of existing development and assess the quality, scale, and placement of new structures recently approved.

Task 1.3 - Monthly Conference Calls / Project Coordination R+A will hold monthly conference calls with the Community Development Director, Planning Services Manager, and relevant Planning staff to discuss project coordination and content topics, approximately one hour each.

R+A’s project manager or a designated representative will be on each call. R+A will maintain an online document outlining agendas and meeting notes.

Task 1 Deliverables
• Attend one (1) kick-off meeting with staff.
• Attend one (1) city tour with staff.
• Facilitate bi-weekly conference calls between designated City staff and Consultant Project Manager (R+A: 30 meetings)
Ta
sk 2: Background Analysis + Issue Identification Summary Memo Task 2.1 - Data Gathering and Document Review
R+A will conduct a technical review and analyze existing documents, listed below, for policy , development standards, regulations, permit procedures, and design guidance that will influence the development of objective design standards. R+A will also draw on the best practices of surrounding cities as part of the analysis.

City staff will provide R+A with all existing documents that would be useful during the evaluat ion phase.

Documents to Review:
• Staff’s initial issue identification document and
recommended changes as necessary to improve the
City’s understanding of the issues.
• Specific/area plans for subjectivity and design
character/preferences:
o Downtown Vitalization
o University Villages (Dunes)
o Seahaven (formerly Marina Heights)
o Cypress Knolls
o Marina Station
• Design Guidelines for subjectivity and design
guidance:
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3 o City of Mari na Design Guidelines and Standards
for Landscape, Site and Parking Lot Design, Site
Lighting, and Signs
• Zoning Ordinance (Title 1 7 of the Marina Municipal
Code) and Marina General Plan to ensure consistency
and remove subjectivity.
• City-wide plans:
o Local Coastal Land Use & Implementation Plan
Task 2.2 – Current Project Review
City staff will provide consultants with 2 to 3 representative sets of p lans for recently approved for single -family and multi-family development projects as well as projects currently under review, including those that have been controversial and/or appealed. The City will also provide all data regarding the size, placement, and height of new residential structures that have been approved by the City, as well as any other data readily available that would be useful during the evaluation phase. In addition, City staff will provide input received at relevant Planning Commission meetings that will help highlight key concerns and sentiment from the public and decision makers on these projects. Staff will be asked to identify 2-3 buildings that exemplifies what they would like to see in the City and one that represents design features they would like to avoid. R+A will hold a 1- hour virtual meeting with the Planning Services Manager to review and discuss the current projects.

R+A will review the representative project plans to understand how development standards are currently being interpreted and applied during the current permit review process.

Task 2.3 – Site Analysis + Issue Identification Summary Memo R+A will identify areas with the potential for single-family, multi-family, or mixed-use residential development and document key physical characteristics of the existing surrounding community and neighborhoods. This analysis will exclude the Downtown Vitalization, University Villages (Dunes), Seahaven (formerly Marina Heights), Cyp ress Knolls, and Marina Station Specific Plan Areas. The site analysis will serve as a visual inventory of the City in order to provide detailed information to develop appropriate City-specific objective standards. This effort will also help guide and focus the study while also enabling the project team, City staff, decision makers, and the public to better understand where such development is most likely to occur.

R+A will prepare an Issue Identification Summary Memo based on information gained from the background analysis in Task 2.1 and engagement activities in Tasks 3.2-3.3 (below). R+A will make one round of revisions to the document. The Memo will include the following:
• Summary of feedback from City Staff, Planning Services Manager, and Community Development Director • Summary of feedback from focus group participants (Task 3.2) • Current/recent project review and analysis
• Identification of opportunities and constraints to creating objective standards • Results of Visual Preference Survey (See Task 3.3)
Task 2.4 – Staff Working Session #1
R+ will prepare for and attend a virtual working session with appropriate City departments and staff to review and solicit comments on the Issue Identification Summary Memo findings. The goal of the meeting will be to review and confirm the challenges and opportunities with the current guidelines and process and disc uss potential frameworks for the new objective standards.

Task 2.5 – PC/CC Study Sessions
R+A will prepare for and present at Planning Commission and City Council Study Session s (1 each) to provide an update on the existing baseline – Site Analysis and Issue Identification M emo. The feedback received will guide the development of the objective design standards. Virtual attendance is assumed.

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4 Task 2 Deliverables
• Issue Identification Summary Memo

Task 3: Public Outreach
Task 3.1 –Project Fact Sheet
In preparation for initial engagement with the residents and stakeholders, R+A will prepare a public -facing fact sheet (2- page max) that simply describes State regulations , and the need to create objective standards and establishing a streamlined process for ministerial review. This document will be clearly written for the public, contain graphics describing the issues, challenges , and project goals . The content will be added to a C ity-run website for the project.

Task 3.2 – Focus Groups
R+A will conduct up to two small group discussions with stakeholders, including, but not limited to, housing developers and local designers and architects, conducted virtuall y. The intent is to discover the most critical issues for the City early in the process and what the project should focus on to ensure success. Stakeholders will also identify exceptional buildings to establish a lis t of buildings that exemplify what the city is looking for. R+A will collaborate with Staff to identify a stakeholder list for the project. City staff is responsible for scheduling and logistics. Virtual attendance is assumed.

If requested, as an optional task, focus group meetings may also be held later in the project to get additional feedback on standards as they are being developed and provide a sounding board for draft design standards.

Task 3.3 – Public Outreach
Objective standards are a challenging topic to engage the typical layperson. Instead of community workshops, our team recommends surveys as a tool to get input on a variety of design topics at the early stages of the project.

Additional community in put may be received at the study sessions with the Planning Commission and City Council. We have found this to be an effective approach in other communities . However, if it is decided that a different approac h is warranted, then the hours assigne d for this ta sk may be re -allocated to undertake the modified task.

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5 R+A will condu ct a community-wide Visual Preference Survey to get an understanding of the issues that are of most importance to the Marina community. This survey will help the team identify both positi ve a nd negative aspects of development that will help guide the development of the objective standards as outlined in Task 4.

Task 3 Deliverables
• Project Fact Sheet
• Two Focus Groups
• (2) PC + CC Study Sessions (1 each)
• Visual Preference Survey

Task 4: Draft Objective Standards
Task 4.1 – Objective Design Standards Framework Plan
R+A will develop a framework plan for the transformatio n of the c ity’s design guidelines into objective design standards. The framework plan will identify topic areas for design standards, t he approach and format of the objective design standards, consideration of standards in specific plans, and a preliminary outline. R+A will produce a first draft of the framework plan . Any City comments will be incorporated in the preparation of the Administrative Draft.

Task. 4.2 – Staff Working Session #2
R+ will prepare for and attend a virtual working session with appropriate City staff to review and solicit comments on the Framework Plan. The discussion will help R+A to revise and finalize the Framework Plan and start preparing the draft objective design standards.

Task 4.3 – Objective Design Standards Administrative Draft R+A will produce an illustrated Administrative Draft of the proposed objective design standards for single-family, multi-family, and residential mixed -use development. Standards will reflect the variety of building types and architectural styles appropriate in Marina and address topics such as site planning, building massing and articulation, building frontages, entrances, exterior materials, landscaping, utilitarian/mechanical elements of building design, etc . Standards will also be applicable to specific typologies based on development types (such as rowhouses/walkups, small lot single- family, garden apartments, podium buildings, etc.), design type, lot size and configuration, or other organizing principles. R+A will identify and study (4) four typologies. R+A will prepare graphic illustrations and provide images to represent and explain a suggested design topic or standard, many of which will contain text callouts helping to illustrate the design intent.

The Administrative Draft will be in Word format. Admin Draft will be used to receive feedback from the City on the initial/draft standards. The City will provide one consolidated set of actionable comments to R+A.

The Draft will include some of the following components:
• Site Design – The relationship of buildings to each other as well as to sidewalks, streets, and parking, and transitions between the public and private realm (frontages and setbacks, etc.). • Massing Composition – Vertical and horizontal massing breaks and façade orientation. • Building Articulation - Three-dimensional changes in the outside walls of a building, including projections and recesses (e.g., balconies, bay windows , etc.) , upper-floor step-backs, building composition, fenestration patterns, and the like.
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6 • Buffer Zones /Neighborhood Transitions - For multi -family developments a djacent to single -family neighborhoods. The team will evaluate current transitional standards and assess whether and how these might be strengthened to meet community and city objectives. • Parking- The location, configuration, design, and screening of parking areas and/or structures. • Building Materials – Use of high quality, innovative building materials. • Landscaping Requirements- Objective landscape screening standards for buffering between different uses and building scales and providing green neighborhoods.

Task 4.4 – Site Tests (+1 set of revisions)
R+A will use the administrative draft of the Objective Design Standards to evaluate up to four typical site locations and/or building types. The site tests will include 3D massing models and plans that will be bas ed on typical building prototypes of residential and mixed -use buildings in Marina. The site tests will be used to identify potential issues and provide staff and stakeholders with examples of how the standards comprehensively apply to building design. The project team will evaluate the standards on prototypical sites to ensure the standards enable the intended development. Following feedback from City staff, R+A will make (1) round of revisions to the site tests.

Site Test Example | Milpitas, CA

Task. 4.5 – Staff Working Session #3
R+ will prepare for and attend a virtual working session with City staff to review and solicit comments on the Admin Draft of the Objective Design Standards and the Site Tests . The discussion will help R+A to refi ne the standards and prepare the Public Review draft of the Objective Design Standards (Task 4.9).

Task 4.6 - General Regulations and Design Review
R+A will identify, discuss, and propose updates to other sections of the Zoning Ordinance as necessary to ensure consistency with the objective design standards, such as revisions to General Site Regulations and Site and Architectural Design Review. R+A will identify potential conflicts with any new S tate or Federal legislation and/or recent court rulings that would require changes to the city’s documents.

Task 4.7 – General Plan Amendments Draft
In a memo, R+A will identify and discuss what updates to the General Plan may be necessary to ensure consistency with the objective design standards.

Task 4.8 – Public Review Draft
R+A will review the consolidated feedback from City staff on the Administrative Draft Design Standards and make all necessary updates to prepare the Public Review Draft Objective Design Standards. 22 Marina Objective Design Standards | RFP

raimi + associates
7 Task 4.9 – PC/CC Study Sessions (2)
R+A will prepare for, present, and solicit comments on the Public Review Draft Standards at Planning Commission and City Council Study Session s (1 each). Feedback received will be incorporated in the Final standards. Virtual attendance is assumed.

Task 4 Deliverables
• Objective Design Standards Framework Plan
• Objective Design Standards Administrative Draft
• Site Tests (4)
• Proposed Zoning Code Revisions
• General Plan Amendment Memo
• (2) Staff Working Sessions
• (2) PC + CC Study Sessions (1 each)

Task 5: Environmental Review
Task 5.1 – CEQA Analysis
Through R+A’s experience on other objective design standards projects in California and discussions with Rincon Consultants, Inc., we believe the scope of work will not result in significant environmental impacts, and it is possible that the design standards could qualify for an exemption under the California Environmental Quality Act (CEQA), specifically under CEQA Guidelines Section 15061(b)(3) (the “common sense exemption”). In the event the project does not quality for an exemption under CEQA and would not result in significant unmitigable impacts, Rincon Consultants can prepare an Initial Study to support a Negative Declaration or Mitigated Negative Declaration pursuant to Section 15168(c) and (e) (see Optional Tasks below).

Task 5 Deliverables
• CEQA Analysis (Letter of Exemption)

Task 6: Adoption + Final Documents
Task 6.1 – PC/CC Hearings
R+A will present final documents and prepare all required visual aids, printed material, and make formal public presentations at up to (1 ) Planning Commission hearing and (1) City Council hearing to support adoption of the Objective Design Standards. Virtual attendance is assumed.

Task 6.2– Final Objective Design Standards
R+A will review the consolidated feedback from the City following the PC/CC Hearings and make all necess ary updates to the Objective Design Standards and prepare the final documents for reproduction, dissemination, and integration into Title 17 Zoning Ordinance . R+A will provide the City with a word document of all standards and guidelines and jpg versions of all diagrams and/or photographs used in the documents. This task includes the final drafts of the other zoning amendments. A certain number of hours are budgeted for this task. If the level of effort exceeds the budgeted hours, a contract amendment may be required. 23 Marina Objective Design Standards | RFP

raimi + associates
8 Task 6 Deliverables
• Final Documents (Word version, and associated graphics)

Optional Tasks:

Optional Task A – Initial Study
As an optional task, Rincon can prepare an Initial Study (IS) for the project. Rincon would prepare an Administrative Draft IS for review by City staff. The Administrative Draft IS would address all items on the environmental checklist at a sufficient level of detail to allow for the determination of levels of significance. When warranted, mitigation measures would be incorporated for any potentially significant impacts identified. This scope of work assumes a low level of detail is required to address all issue areas, with no modeling for air quality, greenhouse gas emissions, noise, or transportation being required. Rincon will address one round of consolidated comments on the Administrative Draft IS and prepare a Draft IS for public review. City staff would be responsible for noticing and public circulation tasks. After a 30 -day public review period, Rincon will respond to up to three public comment letters and, as necessary, prepare a Mitigation Monitoring and Reporting Program (MMRP). Only digital copies of the IS would be provided.

Budget - $21,000

Optional Task B - SB9 Ordinance Draft (+1 set of revisions) SB 9 was approved by Governor Gavin Newson on September 16, 2021; and went into effect on January 1, 2022.

SB 9 requires the ministerial approval of a proposed urban lot split containing no more than two residential units per lot without discretionary revi ew or a hearing. R+A will draft a stand- alone SB9 Ordinance with development and design regulations for the subdivision and development of qualified SB9 properties in the City.

Budget - $13,060

Scope of Work Assumptions
• The scope indicates which meetings will be held virtually. • The scope of work assumes any notification to property owners based on zoning code or general plan land use changes will be managed by the City of Marina. • The City of Marina will provide R+A with an editable version (Word documents) of any requested documents.
• The City will provide R+A with updated ArcGIS Shapefiles with accurate parcel-based zoning and General Plan data which will serve as the basis for the project. • All tasks are budgeted with an allowance for number of hours which assume level of effort that is consistent with industry best practices and standards.
• The City will provide comments on all draft documents electronically in Word. This will include one set of non-conflicting comments that provide clear direction for the consultant team. 24 Marina Objective Design Standards | RFP

raimi + associates
9 Project Schedule

11-Month Schedule
Month 1
Month 2
Month 3
Month 4
Month 5
Month 6
Month 7
Month 8
Month 9
Month 10
Month 11
Task 1: Project Initiation & Management

1.1 Project Kick Off Meeting

1.2 City Tour

1.3 Monthly Conference Calls
Task 2: Background Analysis + Issue Identification Summary Memo

2.1 Data Gathering and Document Review

2.2 Current Project Review

2.3 Site Analysis + Issue Identification Summary Memo

2.4 Staff Working Session #1

2.5 PC/CC Study Sessions
Task 3: Public Outreach

3.1 Project Fact Sheet

3.2 Focus Groups

3.3 Public Outreach/ Survey
Task 4: Draft Objective Standards

4.1 Objective Standards Framework Plan

4.2 Staff Work Session #2

4.3 Objective Design Standards Administrative Draft

4.4 Site Tests (+ 1 set of revisions)

4.5 Staff Working Session #3

4.6 General Regulations and Design Review

4.7 General Plan Amendments Memo

4.8 Public Review Draft

4.9 PC/CC Study Sessions
Task 5: Environmental Review

5.1 CEQA Analysis
Task 6: Adoption and Final Documents

6.1 PC/CC Hearings

6.2 Final Objective Design Standards
Deliverable Meetings Ongoing
25 Marina Objective Design Standards | RFP

raimi + associates
10 Cost Proposal
The Raimi + Associates team’s cost proposal for preparing the Objective Design Standards for Single-Family, Multiple-Family and Mixed -Use Developments is $167,000. The cost proposal includes a breakdown of the anticipated personnel hours for each task by billing rate category, and non-labor direct costs (travel, printing, etc.) and markups. A Letter of Exemption has been included in the base budget for environmental review.

If an IS/ND is required, the optional task budget of $21,000 is also provided. The preparation of a SB9 ordinance is also included as an optional task with a budget of $13,060. The R+A team will work with the City staff to modify the scope and budget to best meet the City’s needs.

Please find on the following pages the combined cost proposal detailed by task and subtasks, and billing rate sheets for R+A and Rincon.

26 Marina Objective Design Standards | RFP

raimi + associates
11 City of Marina
ODCs Total
Principal Project
Manager
Senior
Associate
Senior
Planner /
Designer
Intermediate
Planner
Malhotra Lundin Sensenig Williams Zayas del
Rio
$250 $190 $200 $170 $155
1 Task 1: Project Management

1.1 Project Kick Off Meeting 2 2 2 6 $1,220 $0 $24 $1,244

1.2 City Tour 4 6 6 16 $3,160 $0 $613 $3,773

1.3 Monthly Conference Calls/ project Coordination 14 16 10 40 $8,240 $0 $165 $8,405 Subtotal Task 1 20 24 0 18 0 62 $12,620 $0 $802 $13,422 2 Task 2: Background Analysis + Issue Identification
Summary Memo

2.1 Data Gathering and Document Review 2 8 8 18 $3,380 $0 $68 $3,448

2.2 Current Project Review 4 8 8 20 $3,880 $0 $78 $3,958

2.3 Site Analysis + Issue Identification Summary Memo 4 24 30 24 82 $14,380 $0 $288 $14,668

2.4 Staff Working Session #1 2 2 4 8 $1,560 $0 $31 $1,591

2.5 PC/CC Study Sessions (2) 6 14 20 $4,160 $0 $83 $4,243 Subtotal Task 2 18 56 0 50 24 148 $27,360 $0 $547 $27,907 3 Task 3: Public Outreach

3.1 Project Fact Sheet 4 4 8 16 $2,680 $0 $54 $2,734

3.2 Focus Groups (1 set) 4 8 8 20 $3,880 $0 $78 $3,958

3.3 Public Outreach/Virtual Survey 4 20 30 20 74 $13,000 $0 $260 $13,260 Subtotal Task 3 8 32 0 42 28 110 $19,560 $0 $391 $19,951 4 Task 4: Draft Objective Standards

4.1 Objective Standards Framework Plan 8 24 8 22 16 78 $14,380 $0 $288 $14,668

4.2 Staff Working Session #2 2 2 2 2 8 $1,620 $0 $32 $1,652

4.3 Objective Design Standards Administrative Draft 16 76 8 40 24 164 $30,560 $0 $611 $31,171

4.4 Site Tests (+1 set of Revisions) 4 8 16 60 88 $15,920 $0 $318 $16,238

4.5 Staff Working Session #3 2 2 2 2 8 $1,620 $0 $32 $1,652

4.6 General Regulations and Design Review 2 24 16 42 $7,780 $0 $156 $7,936

4.7 General Plan Amendment Memo 2 16 18 $3,540 $0 $71 $3,611

4.8 Public Review Draft 4 24 28 56 $10,320 $0 $206 $10,526

4.9 PC/CC Study Sessions (2) 6 14 20 $4,160 $0 $83 $4,243 Subtotal Task 5 46 190 36 170 40 482 $89,900 0 $1,798 $91,698 5 Task 5: Environmental Review

5.1 CEQA Analysis 2 2 4 $880 $5,000 $268 $6,148
Subtotal Task 6 2 2 0 0 0 4 $880 $5,000 $268 $6,148
6 Task 6: Adoption and Final Documents

6.1 PC/CC Hearings (1 PC/ 1 CC) 6 14 20 $4,160 $0 $83 $4,243

6.2 Final Objective Design Standards (allowance) 8 12 20 $3,560 $0 $71 $3,631 Subtotal Task 7 6 22 0 12 0 40 $7,720 $0 $154 $7,874
Budget Total 100 326 36 292 92 846 158,040 $ 5,000$ 3,960$ $167,000 Optional Tasks
A CEQA Initial Study/Negative Declaration (Rincon) 0 $0 $20,000 $1,000 $21,000 B SB9 Ordinance Draft (+1 Set of Revisions) 4 40 24 68 $12,680 $0 $380 $13,060 Notes:
1 Direct costs for sub-consultant management fee (5% of Sub Consultant Fee) $250 2 Direct costs in reimbursible expenses for office expenses (2% of R+A) $3,160 3 Travel and Printing Costs (allowance) $550
Proposal Budget: CREATION OF OBJECTIVE DESIGN

STANDARDS FOR SINGLE-FAMILY, MULTIPLE-FAMILY, AND

MIXED-USE DEVELOPMENTS
Labor Costs Total Fee
Tasks Labor
Total Labor
Costs
Total
HoursTask DescriptionTask
#
Raimi + Associates
Other Direct
Costs
(See Notes)
Rincon
Subconsultants
27 Berkeley
1900 Addison Street, Suite 200
Berkeley, CA 94704
510.666.1010
Los Angeles
706 South Hill Street, 11th Floor
Los Angeles, CA 90014
213.599.7670
Raimi + Associates

2022 Billing Rates
The following is the Rate Schedule for Raimi + Associates through December 31, 20 22.

Labor
Principal $250/hour
Associate Principal $225 /hour
Senior Associate $ 200/hour
Associate $190/hour
Senior Planner/Designer/Researcher $170/hour
Intermediate Planner/Designer $155/hour
Planner/Designer/Researcher $125/ hour
Graphics $100/hour
Finance Director $160/hour
Account Manager $110/hour
Intern $60 /hour

Reimbursable Expenses

General Office Expenses Billed at 3% of labor

Sub-consultant Management 7%

Travel mileage $0.575/mile or current IRS rate

Travel (Airfare, Hotel, Meals) A t cost / Per contract

Outside Vendor Expenses At cost / Per contract

Printing (in-house for large print jobs only) 11x17 Color - $1.00/ea.

8.5x11 Color - $0.50/ea.
11x17 B/W - $0.20/ea.

8.5x11 B/W - $0.10/ea.

Binding - $2.50 per document (8.5x11) or at cost from vendor Large Format Printing/Plotting – at cost from vendor
Large volume print jobs (e.g., final reports) – at cost from vendor 28 Rincon Consultants, Inc.

Revised June 1, 2022 Page 1

Standard Fee Schedule for Environmental Sciences and Planning Services Professional, Technical and Support Personnel* Hourly Rate Principal II 295
Director II 295
Principal I 285
Director I 285
Senior Supervisor II 258
Supervisor I 240
Senior Professional II 224
Senior Professional I 208
Professional IV 184
Professional III 170
Professional II 153
Professional I 136
Associate III 117
Associate II 102
Associate I 95
Field Technician 82
Data Solutions Architect 175
Senior GIS Specialist 164
GIS/CADD Specialist II 146
GIS/CADD Specialist I 131
Technical Editor 130
Project Accountant 110
Billing Specialist 95
Production Specialist 105
Clerical 95
*Professional classifications include environmental scientists, urban planners, biologists, geologists, marine scientists, GHG verifiers, sustainability experts, cultural resources experts, and other professionals. Expert witness services consisting of depositions or in-court testimony are charged at the hourly rate of $375.

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

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

Annual Escalation. Standard rates subject to 3.5% annual escalation. Payment Terms. All fees will be billed to Client monthly and shall be due and payable upon receipt or as indicated in the contract provisions for the assignment. Invoices are delinquent if not paid within ten (10) days from receipt or per the contractually required payment terms. 29 Rincon Consultants, Inc.

Revised June 1, 2022 Page 2
Equipment Day Rate
Environmental Site Assessment
Soil Vapor Extraction Monitoring Equipment $155
Four Gas Monitor $133
Flame Ionization Detector $107
Photo Ionization Detector $80
Hand Auger Sampler $60
Water Level Indicator, DC Purge Pump $45
Natural Resources Field Equipment
UAS Drone $268
Spotting or Fiberoptic Scope $165
Pettersson Bat Ultrasound Detector/Recording Equipment $165 Sound Level Metering Field Package (Anemometer, Tripod and Digital Camera) $110 GPS (Sub‐meter Accuracy) $65
Infrared Sensor Digital Camera or Computer Field Equipment $55 Scent Station $22
Laser Rangefinder/Altitude $11
Pit‐fall Traps, Spotlights, Anemometer, GPS Units, Sterilized Sample Jar $9 Mammal Trap, Large/Small $1.50/$0.50
Water and Marine Resources Equipment
Boat (26 ft. Radon or Similar) $600
Boat (20 ft. Boston Whaler or Similar) $335
Multi Parameter Sonde (Temp, Cond, Turbidity, DO, pH) with GPS $165 Water Quality Equipment (DO, pH, Turbidity, Refractometer, Temperature) $60 Refractometer (Salinity) or Turbidity Meter $37
Large Block Nets $110
Minnow Trap $95
Net, Hand/Large Seine $55
Field Equipment Packages
Standard Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet, Safety Equipment, and Botanic Collecting Equipment)
$110
Remote Field Package (Digital Camera, GPS, Thermometer, Binoculars, Tablet and Mifi, Delorme Satellite Beacon, 24‐Hour Safety Phone)
$140
Amphibian/Vernal Pool Field Package (Digital Camera, GPS, Thermometer, Decon Chlorine, Waders, Float Tube, Hand Net, Field Microscope) $165
Fisheries Equipment Package (Waders, Wetsuits, Dip Nets, Seine Nets, Bubblers, Buckets)
$55
Underwater and Marine Sampling Gear (U/W Photo/Video Camera, Scuba Equipment (Tanks, BCD, Regulators, Wetsuits, etc.)
$55/diver
Marine Field Package (PFDs – Personal Flotation Devices, 100-foot Reel Tapes with Stainless Carabiners, Pelican Floats, Underwater Slates, Thermometer, Refractometer, Anemometer, Various Field Guides)
$55
Insurance, Hazard and Fees
Historic Research Fees $50
L&H Dive Insurance $55/diver
Level C Health and Safety $65 person

30 Exhibit B - 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 ame nd, 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.

Primary insurance shall be provided on ISO-CGL form No. CG 00 01 11 85 or 88 or on an ISO or ACORD form providing coverage 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 all coverages. If commercial general liability insurance or other form with a general aggregate 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 insureds using ISO additional insured endorsement form CG 20 10 11 85 or forms CG 20 10 10 01 and CG 20 37 10 01. 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 liabi lity 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, contractual liability and completed operations at a minimum, and shall be in an amount of not less than two million dollars ($2,000,000), and include a “drop down” provision providing primary coverage above a maximum $25,000.00 self-insured retention for liability 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 underlyin g policies shall have starting and ending dates concurrent with the underlying coverage.

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.

B-1
31 If automobile insurance is required for work under this Agreement, primary coverage shall be written on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) or on an ISO or ACORD form providing coverage at least as broad as CA 00 01 10 01 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 insureds 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. 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 Liabil ity 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 an y 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 lia bility coverage appropriate to Contractor’s profession is required, in a form and amount approved by the City Attorney and Risk Manager. Such insurance shall be in an amount of not less than one million dollars ($1,000,000) per claim and in annual aggregate. Contractor shall maintain such insurance in place for a period of five years following completion of work or services provided under this Agreement. Such continuation coverage may be provided by one of the following: (1) renewal of the existing polic y; (2) an extended reporting period endorsement; or (3) replacement insurance with a retroactive date no later than commencement of the work or services under this Agreement.

Contractor and City further agree as follows:
a) This Exhibit supersedes all o ther 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. c) All insurance coverage and lim its 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.

B-2
32 f) All general or auto liability insurance coverage provided pursuant to this Agreement, o r 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) Unless otherwise approved by City, Contractor ’s insurance shall be written by insurers authorized and admitted to do business in the State of California with a minimum “Best’s” Insurance Guide Rating of “A:VII.” Self-insurance will not be consi dered to comply with these insurance specifications.
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 insura nce evidencing all of the coverages required and an additional endorsement to Contractor ’s general liability and umbrella liability policies using ISO form CG 20 10 11 85. 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.
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. k) 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. l) 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 r ight 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 requirements 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. m) 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.
n) 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 su ch claim or claims if they are likely to involve the City.

B-3
33 o) 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 at tributable to those specific locations and not by losses attributable to any other operations of Contractor.
p) Contractor agrees not to attempt to avoid its defense and indemnity obligations to City, its Council, boards and commissions, officers, employ ees, agents and volunteers by using as a defense Contractor’s statutory immunity under workers’ compensation or similar statutes. q) 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. r) Contractor shall maintain commercial general liability, and if necessary, commercial umbrella liability insurance, with a limit of not less than two million dollars ($2,000,000) each occurrence for at least three years following substantial completion of the work. t) City reserves the right to modify the insurance requirements set forth herein in accordance with the terms of any specific Service Order issued as provided by the Agreement.

B-4
34 September 2, 2022 Item No. 8j(1)

Honorable Mayor and Members City Council Meeting
of the Marina City Council of September 7, 2022

Honorable Chairperson and Members Successor Agency Meeting of the Successor Agency to Marina Redevelopment Agency of September 7, 2022

Chair and Board Members of Corporation Meeting
Preston Park Sustainable Community Non-Profit Corporation of September 7, 2022

CITY COUNCIL OF THE CITY OF MARIN A, SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY BOARD, AND PRESTON PARK SUSTAINABLE

COMMUNITY NPC BO ARD TO CONSIDER RECEIVING INVESTMENT REPORTS

FOR THE CITY OF MARINA , CITY OF MARINA AS SUCCESSOR AGENCY TO

THE MARINA REDEVELOPMENT AGENCY , AND PRE STON PARK

SUSTAINABLE COMMUNITY NON-PROFIT CORPORATION FOR THE QUARTER ENDED JUNE 2022

REQUEST:

It is requested that the City Council and Boards:

1. Consider receiving Investment Reports for the City of Marina , City of Marina as Successor Agency to the Marina Redevelopment Agenc y, and Preston Park Sustainable Community Non- Profit Corporation (PPSC-NPC) for the quarter ended June 30, 2022.

BACKGROUND:

Cash Management. The City continued to maximize the deposit of idle cash into the Local Agency Investment Fund (LAIF). Additionally, staff explored and executed investments options beyond LAIF that als o aligned with the City’s investment polic y, which includes high-quality notes, commercial paper, and U.S. Treasuries . C hanges to the City ’s investment portfolio for last quarter are shown in Table I, Cash and Inves tments. The table shows a $ 23.5 million increase in total City cash, due to property tax receipts, land sales proceeds and impact fees collections.

Table I

1 The end of quarter LAIF interest rate was .86%, which represents a .50% increase from the previous quarter, as seen in Table I. Chart I, Treasury Yield Curve shows the treasury yield curve and its recent shift from September 2021 to June 2022. As this upward shift continues, staff will continue to explore other investment options, including treasury notes and additional high quality cor porate products, to maximize the return of idle cash while still retaining liquidity and quality in its portfolio. Nearly half of the city’s interest revenue is allocated to the General Fund while Fund 215 – Public Facilities I mpact Fees, Fund 223 – FORA Dissolution Fund and Fund 422 – Measure X Capital Projects receive most of the remaining interest revenue. The city operates under an investment poli cy which can be found at:
http://www.cityofmarina.org/26/Finance .

Chart I, Treasury Yield Curve

Interest Rate / Economy. Interest rates increased from the prior quarter and that trend is expected to continue well into 2023. The expectation is that interest rates will rise as the Fed seeks to guard against inflation. Staff will closely monitor the y ield curve and purchase longer term (ma turities beyond o ne year) investments as those opportunities arise.

Economically, the city is in a s trong position with property tax revenues remaining high and transient occupancy and sales tax re venues recovering from the pandemic. Staff wil l closely mon itor those revenues as we approach the end of the fiscal year.

Portfolio Strategy. Staff’s goal is to match or outperform LAIF. As shown in Chart I, current treasury yields are such that a 3-month treasury note would ac complish th at goal. Staff is exploring treasury non-treasury investments tha t mature in the 3-month to 2-year r ange to provide an equal or gr eater return than LAIF.

Council has previously expressed concerns about investing in fossil fuel companies, or companies that cultivate, process, or sell fossil fuel. Many state and local agencies have sought to promote a lo w- carbon economy by divesting from fossil fuels. The City of Marina currently has no direct investments in fossil fuel companies. LAIF, which makes up the largest com ponent of the city ’s portfolio, mostly invests in United States Treasury Notes and Bills as well as other government-backed securities. Other LAIF investments include a modest amount of highly rated certificates of deposit, corporate notes, and commercial paper. These securities are issued by well capitalized d omestic and in ternational institutions. While LAIF has no formal investment policy that restricts fossil fuel investments, the State Treasurer has expressed a strong desire to divest from fossil fuels. Staff will keep abreast of any formal LAIF policy change and will also seek to incorporate fossil fuel divestment into the City of Marina’s future investment policy revision, subject to City Council approval. 2 ANALYSIS:

The a ttached investm ent repor ts include the City of Marina's and th e City of Marina as Suc cessor Agency to the Marina Rede velopment Agency's reports (“EXHIBIT A”). These include unreconciled balances of City , Successor Agency and Preston Park investments he ld by fina ncial in stitutions as reported on their monthly statements.

FISCAL IMPACT:

Investing the City’s cash in a safe manner can yield significant interest earnings for the City.

CONCLUSION:

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

Lily Suarez
__________________________
Lily Suarez
Account Technician
City of Marina

__________________________
Juan Lopez
Finance Director
City of Marina

REVIEWED/CONCUR:

____________________________
Layne P. Long
City Manager
City of Marina
3 EXHIBIT A
To: Honorable Mayor and City Council Members
From: Lily Suarez, Accounting Technician
RE: Investment Report
Quarter Ended June 30, 2022
INVESTMENT SUMMARY:

Market Value
Imprest Cash 5,900$
Checking/Savings Account/Certificate of Deposit 8,757,618$ Local Agency Investment Fund 74,501,438$
JP Morgan Investment Acct 33,830,673$
Paying Agent 462,985$
117,558,614$
Cash not earning interest 8,763,518$
Non earning cash as a percentage of total cash 7%
I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City of Marina's anticipated expenditure requirements for the next six (6) months. (California Government Code Section 53646)
Juan Lopez, Finance Director
Lily Suarez, Accounting Technician
Lily Suarez
4 EXHIBIT A

CITY OF MARINA

INVESTMENT AND EARNINGS REPORT
Quarter Ended June 30, 2022
Purchase
Date
Maturity Coupon Rate (%) Face Book Value Market Value Gain/(Loss) Petty Cash N/A NA 0.00% 5,900.00 5,900.00 5,900.00 -
Chase
Checking 273582905 Sweep NA 0.00% 8,757,617.67 8,757,617.67 8,757,617.67 - Local Agency Investment Fund (LAIF) 98-27-509 NA NA 0.86% 74,501,437.89 74,501,437.89 74,501,437.89 - US Bank (Custodian) 244667000 N/A 0.00% - - - -
US Treasury Bill 2/10/2022 7/28/2022 0.00% 0.38% 3,000,000 2,992,673 2,992,576 (98) JP Morgan Commercial Paper 2/24/2022 8/24/2022 0.00% 0.83% 2,500,000 2,491,524 2,487,468 (4,055) PNC Bank A- Bond 12/23/2021 11/1/2022 2.70% 0.40% 1,533,000 1,551,497 1,541,366 (10,132) JP Morgan Commercial Paper 2/24/2022 11/21/2022 0.00% 1.06% 2,500,000 2,482,783 2,472,551 (10,232) US Treasury Bill 6/28/2022 12/22/2022 0.00% 2.42% 10,000,000 9,882,393 9,883,752 1,359 JP Morgan A- Bond 1/28/2022 1/25/2023 3.20% 0.75% 3,000,000 3,059,395 3,031,503 (27,892) Freddie Mac AAA Bond 6/23/2022 4/20/2023 0.38% 2.78% 8,660,000 8,495,163 8,487,901 (7,262) Freddie Mac AAA Bond 12/22/2021 8/24/2023 0.25% 0.59% 3,000,000 2,985,608 2,933,557 (52,052) Total-JP Morgan Investment - 4259 34,193,000 33,941,037 33,830,673 (51,050) Paying Agent - US Bank
Marina Abrams B 2006 6711797700-10 Sweep Sweep NA variable 462,982.05 462,982.05 462,982.05 - Marina Abrams B 2006 6711797711-14 Sweep Sweep NA variable 3.11 3.11 3.11 - 2015 GO Refunding 6712129600-01 Sweep Sweep NA variable 0.00 0.00 0.00 - Total Trustee Accounts 462,985.16 462,985.16 462,985.16 - TOTAL 117,920,940.72 117,668,977.49 117,558,613.61 (51,050) Checking and LAIF accounts for the City of Marina and the Successor Agency are registered and accounted for in the separate names.

The Checking account contains cash for operating, surplus cash is moved to LAIF. LAIF accounts contain idle funds. 5 EXHIBIT A
To: Marina City Council as Successor Agency to the Former Marina Redevelopment Agency From: Lily Suarez, Accounting Technician
RE: Investment Report
Quarter Ended June 30, 2022
INVESTMENT SUMMARY:

Market Value
Checking Account 118,856$
Local Agency Investment Fund 5,729,556$
Paying Agent 2,015,426$
7,863,838$
Cash not earning interest 118,856$
Non earning cash as a percentage of total cash 2%
I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the Successor Agency's anticipated expenditure requirements for the next six (6) months. (California Government Code Section 53646)
Juan Lopez, Finance Director
Lily Suarez, Accounting Technician
Lily Suarez
6 EXHIBIT A

CITY OF MARINA AS SUCCESSOR AGENCY TO THE MARINA REDEVELOPMENT AGENCY

INVESTMENT AND EARNINGS REPORT
Quarter Ended June 30, 2022

INSTITUTION
Purchase
Date Maturity Coupon Rate (%) Face Book Value Market Value Gain/(Loss) Local Agency Investment Fund (LAIF) 65-27-003 N/A N/A NA 0.86% 5,729,555.81 5,729,555.81 5,729,555.81 0.0 Chase
Checking 273582921 N/A Sweep NA 0.00% 118,855.97 118,855.97 118,855.97 0 Paying Agent - US Bank
2018 Series A&B Bonds 6712220800-817 Sweep Sweep NA variable 1,060,691.39 1,060,691.39 1,060,691.39 0 2020 Series A&B Bonds 6712281500-508 Sweep Sweep NA variable 954,734.66 954,734.66 954,734.66 0 Total Trustee Accounts 2,015,426.05 2,015,426.05 2,015,426.05 - TOTAL 7,863,837.83 7,863,837.83 7,863,837.83 0
Checking and LAIF accounts for the City of Marina and the Successor Agency are registered and accounted for in the separate names.

The Checking account contains cash for operating, surplus cash is moved to LAIF. LAIF accounts contain idle funds. 7 EXHIBIT A
To: Honorable Mayor and City Council Members
From: Lily Suarez, Accounting Technician
RE: Investment Report
Quarter Ended June 30, 2022
INVESTMENT SUMMARY:

Market Value
Bridge Bank - Capital Reserve Account 8,018,230$
8,018,230$
Cash not earning interest -$
Non earning cash as a percentage of total cash 0%
Juan Lopez, Finance Director
Lily Suarez, Accounting Technician
Lily Suarez
8 EXHIBIT A
Preston Park Sustainable Community Non-Profit Corporation (PPSC-NPC)

INVESTMENT AND EARNINGS REPORT
Lily Suarez, Accounting Technician

INSTITUTION
Purchase
Date Maturity Coupon Rate (%) Face Book Value Market Value Gain/(Loss) Bridge Bank XXXXXX9858 NA NA 0.20% 7,453,155.51 7,453,155.51 7,453,155.51 0 TOTAL 7,453,155.51 7,453,155.51 7,453,155.51 0.00
9 September 2, 2022 Item No. 8k(1)

Honorable Mayor and Members City Council Meeting
of the Marina City Council of September 7, 2022

CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 20 22-,
APPROVING THE ALLOCATION AND APPROPRIATION OF $95,000

FROM UNALLOCATED GENERAL FUNDS TO CAPITAL

IMPROVEMENT PROGRAM ADDING THE PATTON PARKWAY
RETAINING WALL REPAIR PROJECT HSR2201 AND AUTHORIZING

THE FINA NCE DIRECTOR TO MAKE NECESSARY ACCOUNTING
AND BUDGETARY ENTRIES.

REQUEST:

It is requested that the City Council consider:

1. Adopting Resolution No. 20 22-, approving the allocation and appropriation of $95,000 from unallocated General Funds to the Capital Improvement Program adding the Patton Parkway Retaining Wall Repair Project HSR2201, and;

2. Authorizing Finance Director to make necessary accounting and budgetary entries.

BACKGROUND:

Construction of Patton Parkway was completed in 2008. The project included a wood retaining walls along a bicycle and pedestrian trail north of the roadway. The retaining walls were intended to stabi lize the slope down to the trail from adjacent residential propert y that is a t a higher elevation. The depth of the founding posts is not sufficient to continue retaining soil which will require reconstruc ting the retaining wall s with better foundations (see attached EXHIBIT A).

Staff reviewed the retaining wall and identified the need for replacement over the past few months. Staff performed the engineering calculations to determine an adequate retaining wall design and prepared estimates for the work.

City staff received an ema il correspondence from the resident of 3001 Independence Avenue on August 15, 2022 regarding erosion issues along Patton Parkway. At the regular meeting of August 16, 2022, the City Council re ceived public comment from the same resident regarding the hillside erosion on Patton Parkway immediately behind his pr operty creating fence damage and ground slope erosion.

ANALYSIS:

The project scope consis ts of removing and replacing ap proximately 280 linear feet o f retaining wall varying in height from 4 feet tall down to 1 foot tall. The new retaining wall will consist of concrete footings, treated timber, and drainage elements to prevent further erosion and contain the hillside with minimal future maintenance.

If approved by C ity Council, staf f w ill issue a work order to the current on -call construction contractor to expedite the retaining wall replacement prior to winter.

1 FISCAL IMPACT:

Should the City Coun cil approve this request, the City Finance Director wil l make all necessary accounting and budge tary entries t o facilitate a $95,000 interfund transfer from the unallocated General F und balance to CIP Account HSR2201 – Patton Parkway Retain ing Wall Repair Project.

Project Estimate
Construction $ 80,000
Contingency, Inspection & Closeout $ 15,000

Total $ 95,000

California Environmental Quality Act (CEQA)
The allocation and appropriation of funds is not a project under CEQA.

CONCLUSION:

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

Respectfully submitted,

____________________________
Edrie Delos Santos, P.E.

Senior Engineer, Engineering Division
Public Works Department
City of Marina

REVIEWED/CONCUR:

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

Public Works Director/City Engineer
City of Marina

_____________________________
Layne P. Long
City Manager
City of Marina
2 RESOLUTION NO. 2022-

A RES OLUTION OF CITY COUNCIL OF THE CITY OF MARINA APPROVING THE ALLOCATION AND APPROPRIATION OF $95,000 F ROM UNALLOCATED

GENERAL FUNDS TO CAPITAL IMPROVEMENT PROGRAM ADDING THE PATTON PARKWAY RETAINING WALL REPAIR PROJECT HSR2201 AND

AUTHORIZING THE FINANCE DIRECTOR TO MAKE NECESSARY

ACCOUNTING AND BUDGETARY ENTRIES

WHEREAS, construction of Patton Parkway was completed in 2008. The project included a wood retaining walls along a bicycle and pedestrian trail north of the roadway. The retaining walls were intended to stabilize the slope down to the trail from adjacent residential propert y that is at a higher elevation. The depth of the founding posts is not sufficient to continue retaining soil which will require reconstructing the retaining walls with better foundations (EXHIBIT A), and;

WHEREAS, city staff received an email correspond ence from the resident of 3001 Independence Avenue on August 15, 2022 regarding erosion issues along Patton Parkway. At the regular meeting of August 16, 2022, the City Council received public comment from the same resident regarding the hillside erosion o n Pat ton Parkway immedi ately behind his property creating fence damage and ground slope erosion., and;

WHEREAS, the project scope consists of removing and replacing approximately 280 linear feet of retaining wall varying in height from 4 feet tall down to 1 foot tall. The new retaining wall will consist of concrete footings, treated timber, and drainage elements to prevent further erosion and contain the hillside with minimal future maintenance, and;

WHEREAS, Should the City Council approve this request, the City Finance Direc tor will make all necessary accounting and budgetary entries to facilitate a $95,000 interfund transfer from the unallocated General Fund balance to CIP Account HSR2201 – Patton Parkway Retaining Wall Repair Project, and;

WHEREAS, The allocation and appropriation of funds is not a project under CEQA.

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

1. Approve the allocation and appropriation of $95,000 from unallocated General Funds to the Capital Improvement Program ad ding the Patton Parkway Retaining Wall Repair Project HSR2201, and;

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

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 7th day of September 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

___________________________
Bruce C. Delgado, Mayor
ATTEST:

__________________________________
Anita Sharp, Deputy City Clerk
3 EXHIBIT A
4 August 23, 2022 Item No. 9a

Members of the Marina City Council Meeting
City Council of September 7, 2022

CITY COUNCIL OF THE CITY OF MARINA READ BY TITLE ONLY AND APPROVE THE FIRST READING OF ORDINANCE 2022 -, AMENDING MUNICIPAL CODE TITLE 5 TO MODIFY SECTION 5.32.090 TO ALLOW

THE ASSIGNMENT OF A SECOND CARDROOM PERMIT IN THE
MARINA MUNICIPAL CODE.

REQUEST: It is requested that the Marina City Council:

1. Read by title only and waive further reading and ap prove the first reading of Ordinance 2022-, approving Amendments to Title 5 of the Municipal Code by modifying Sections

5.32.090 to remove language that allow the assignment of a cardroom permits to the applicant (“EXHIBIT A”).

2. If the City Council approves the first reading of the Ordinance above, direct staff to work with the Planning Commission to prepare a zoning text amendment to identify the specific zoning districts the second cardroom would be located and to make a recommendation for their location for City Council review in a timely manner.

SUMMARY:

On July 28, 2022, Parkwest Casinos applied for a Marina Municipal Code (MMC) and Zoning Code text change (“EXHIBIT B”) requesting to change Municipal Code Chapter 5.32 to allow the second permit to be transferred to them and to allow them to locat e a new cardroom in the City of Marina.

BACKGROUND:

The City of Marina ’s MMC Chapter 5.32 allows two ca rdrooms with up to ten tables per cardroom. There were two cardrooms oper ating within the City of Mari na upon its corporatio n in 1975.

The previous cardroom business known as Mor timer’s closed in September of 2015. With the closure of the business the license expired after thirty days of not being transferred or assigned per MMC Section 5.32.090 and the legal non-conforming use at the previous location of 3100 Del Monte B oulevard was abandoned after si x months per MMC 17.64.050. On January 2 0, 2022, the State of Cal ifornia Gambling Co ntrol Commission ap proved Parkwest Ca sino Marina’s request for an Initial State Gambling Li cense (“EXHIBIT C”). Therefore, Parkwest Casino is request ing Municipal Code text changes to allow the transfer of th e permit and then Title 17 Zoning Ordinance changes to allow cardrooms to be permitted in the City of Marina.

ANALYSIS:

Parkwest Casinos is proposing to modify Section 5.32.090 Assignment of permit section of the Municipal Code to allow the assignment of what was previously Mortimer’s card room permit to Parkwest Casinos. Under State law, new card room permits may not be issued by a city, only a transfer or assignment of an existing permit.

1 Staff does not have any concerns regarding the proposed change by the applicant. If approved, it will result in the redevelopment of the existing site, or potentially the development a new vacant site in the City.

Currently, our Zoning Ordinance does not allow card rooms to be permitted in the City of Marina. If this proposed Municipal Code change is approved, the applicant will need to submit an application for an change to the Zoning Ordinance to modify the Zoning Code to identify specific zoning districts for card rooms.

FISCAL IMPACT:

The City has a card room tax that provides revenue for the City’s General Fund. The following charts shows the revenue that can be generated from card rooms and the historical revenue collected from card rooms since 2015.

If the Monthly Gross
Revenue is:

Over
But Not Over Computed Fee is: Of Amount
Over:
$ 0 $10,000 $ 500.00

10,000 15,000 750.00 +5% $10,000
15,000 20,000 1,200.00 +9% 15,000
20,000 and over 1,850.00 +13% 20,000

2015* 2016 2017 2018 2019 2020 2021 2022
$139,586 $133,729 $154,783 $160,147 $178,741 $142,225 $101,780 $211,466

* Please note that 2015 is the total tax revenue from two cardrooms (Mortimers and Marina Club) and all subsequent years are the total from one cardroom (Marina Club).

ENVIRONMENTAL REVIEW:

The p roposed amendments are not subject to Ca lifornia Environ mental Quality Act (CEQA ) pursuant to the Stat e CEQA Guidelines, California Code of Regula tions, Title 14, Chapter 3, Sections: 15060(c)(2), because the proposed or dinance will not result in a direct or reasonably foreseeable indirect physical change in the environment; and 15061(b)(3), because the pr oposed ordinance is covered by the general r ule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

CONCLUSION:

This request is submitted for City Council consideration and comment.

Respectfully submitted,

Nicholas McIlroy
Associate Planner, Community Development Dept.

City of Marina

2 REVIEWED/CONCUR:

_____________________________
Guido F. Persicone, AICP
Director, Community Development Dept.

City of Marina

_____________________________
Layne Long
City Manager
City of Marina

Exhibit A – Draft Amendment to Section 5.32.090
Exhibit B – Parkwest’s Application Materials
Exhibit C – January 28, 2022 State Gambling Control Letter

3 ORDINANCE NO. 2022-__
AN ORDINANCE AMENDING MUNICIPAL CODE TITLE 5 TO MODIFY
SECTION 5.32.090 “ASSIGNMENT OF PERMIT” TO ALLOW THE

ASSIGNMENT OF A SECOND CARDROOM PERMIT IN THE MARINA
MUNICIPAL CODE.
-oOo-

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

1. To allow the assignment of a second cardroom permit to Parkwest Casino Marina, the City shall modify Chapter 5.32 Cardrooms Section 5.32.090.

2. An amendment to the City of Marina’s Municipal Code is needed allow the assignment.

3. Chapter 5, Ar ticle 32. Chapter 5, Article 32, entitled “ Cardrooms” is hereby amended by modifying Section 5.32.090 “Assignment of permits”, 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 s ubject to Calif ornia Environmental Quality Act (CEQA) pursuant to the Stat e CEQA Guidelines, California Code of Regulation s, 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.

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 tha t it would have enact ed the r emainder of this Ordinance regardless of the absence of any such invalid part.

EXHIIT A
4 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 places 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 __________, 2022, and was passed and adopted at a regular meeting duly held on ________________, 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

EXHIIT A
5 DRAFT
Exhibit “A”

Proposed Changes to Chapter 5.32 Cardrooms

Section: 5.32.090 Assignment of permit

No cardroom permit, or any interest therein, issued under the authority of this chapter, may be transferred from person to person, assigned, pledged or hypothecated in whole or in part, except as authorized by this chapter. Such permit shall not be subject to transfer to any other holder or operator through the levy of any execution by any judgment creditor or any judicial sale under any proceedings to enforce or collect any judgment, debt or obligation. The transfer of the cardroom activity to a different location may be approved by the chief of police provided the application or transfer fulfills all the conditions specified in Sections 5.32.040 and 5.32.050 for the issuance of cardroom permits and such location is allowed under Title 17 of this code (Zoning Ordinance). The transfer of a valid cardroom permit to another person may be allowed by the chief of police when the permittee is deceased and the executor or administrator of his estate has applied for such transfer within thirty days after the date of death, or when the permittee has become physically incapacitated so that he is unable to conduct his cardroom business and will be so incapacitated for a period of six months or more from the date of such application; provided further, that any such application for transfer of a cardroom permit to another person may only be made by or on behalf of a permittee holding a valid permit issued and unrevoked at the time of adoption of the ordinance codified in this chapter and not by the transferee or such permit or any other person; provided further, that the proposed recipient of any such permit transfer shall fulfill all the terms and conditions of this chapter for the issuance of any cardroom permit.

EXHIIT A
6 PLANNING DIVISION  209 Cypress Avenue  Mail: 211 Hillcrest Ave. Marina CA 93933 Telephone (831) 884-1220  Fax (831) 884-9654  www.cityofmarina.org

APPLICATION REQUIREMENTS FOR GENERAL PLAN OR

ZONING ORDINANCE MAP OR TEXT AMENDMENT
General Plan Amendment: Make recommendations and prepare reports regarding a proposed amendment to the City General Plan.

Zoning Ordinance text/map Amendmen t Planning Commission and City Council consideration of an amendment to the zoning ordinance text or zoning map.

APPLICATION REQUIREMENTS FOR GENERAL PLAN OR ZONING ORDINANCE AMENDMENT:
 Required processing fee.
 Required processing deposit for environmental review under the California Environmental Quality Act (CEQA).
 Planning Application Cover Page.

ADDITIONAL REQUIREMENTS FOR MAP CHANGES:
 Environmental Information Form.
 8 copies of the Site Plan (drawn to scale). Include the following information:
 Applicant’s name, address, and phone number.
 Vicinity map showing an overview of the project location in Marina.  North Arrow and scale.
 Address and assessor parcel number(s) of the project site.  Property lines and dimensions of the project site and surrounding properties.  Name and boundaries of adjacent streets.
 Access to the site.
 Location of existing and proposed building and structures, including signs.

MAP CHANGES ONLY:

Project Location (address and/or Assessor’s Parcel Number(s):

Size of project site (Number of acres):

Current General Plan and Zoning Designation(s):

Proposed General Plan and Zoning Designation(s):

Current use of the property:

Proposed use of the Property:
3006 Highway 1, Marina, CA 93933;
APN: 032-421-014-000

4.78 acres
C-2
Vacant Land
12-15,000 sq. ft. cardroom and restaurant, with parking for more than 300 cars on site X
EXHIBIT B – Parkwest’s Application Materials
7 Explain the benefits of the proposed land use or zoning designation for this property:

Explain why the property involved in this application is more suitable for the uses associated with the proposed land use or zoning designation than the uses associated with the existing land use or zoning designation:

TEXT CHANGES ONLY:

Page number(s) of the proposed Text change:

Existing language of the text to be changed:

Proposed change:

Explain why the proposed text change is necessary:

Note: All it
ems mus t be included in the application in order for it to be deemed complete. Failure to include the requested items may result in a delay of the application process.

There is currently no zoning designation for cardroom. A cardroom is most closely associated with the permitted and conditional uses designated in a C-2 zone.

Develop vacant land for a business use.

Section 17.20.030
Cannabis manufacturing, cannabis distribution and cannabis testing labs; or

17.20.030(J): “Cardroom.”
To identify cardroom as a conditional use in property zoned C-2. 8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
GEGE-02-LL03
January 28, 2022
Joy Harn
Parkwest Casino Marina
100 Oceangate, Suite 100
Long Beach, 90802
Re: Approval of Initial State Gambling License
Dear Joy Harn:

The California Gambling Control Commission (Commission) has approved Parkwest Casino Marina and it’s owner-licensee’s Initial Cardroom Business License Applications at its January 20, 2022 Commission Meeting through January 31, 2024 with the following conditions:

The Owner-Licensee may not open or offer controlled games until the Bureau of Gambling Control has inspected the cardroom and determined that the cardroom is in compliance with all pertinent regulatory standards. Prior to the opening for business, the owner-licensee, shall provide to the Bureau of Gambling Control:

1. A current and fully completed Business Entity: Supplemental Information, CGCC-CH2-06 (New 05/20), or its most current successor form, which includes the new address of the gambling establishment;

2. The Owner-Licensee must comply with applicable relocation requirements pursuant to California Code of Regulations, Title 4, Division 18, Chapter 7, Article 1, Section 12364;

3. A current and valid business license issued by the City of Marina for the gambling establishment;

4. A current reviewed and approved Safety and Security Plan, as required by California Code of Regulations, title 4, sections 12370 and 12372;

5. A current Emergency and Evacuation Plan, as required by California Code of Regulations, title 4, section 12370, that has been approved by the responsible local authority;

6. A current lease for the gambling establishment’s premises, if applicable; and

7. A current and complete Chart of Accounts, as required by California Code of Regulations, title 4, section 12312.

EXHIBIT C – January 28, 2022 State Gambling Control Letter 24 Joy Harn
Parkwest Casino Marina
January 28, 2022

If you have any additional questions, you may contact me at (916) 263-6974. You may also find information on the Commission’s website at www.cgcc.ca.gov of assistance in identifying your responsibilities as a state gambling licensee.

Sincerely,

Katherine Martinez, Analyst
Licensing Division

Enclosures

25 August 30, 2022 Agenda Item: 11a

Honorable Mayor and Members City Council Special Meeting of the Marina City Council September 7, 2022

CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 20 22–

APPROVING A CONCESSIONAIRE AGREEMENT WITH CHAPARRAL
COUNTRY CORPORATION, INC. OF WOODSIDE, CA TO PROVIDE

RECREATION FACILITIES AND PROGRAMS TO THE PUBLIC AT
THE MARINA EQUESTRIAN CENTER PARK; AUTHORIZE THE CITY

MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE

CITY SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY
ATTORNEY; AND DIRECT STAFF TO PROVIDE NOTICE TO VACATE

TO THE MARINA EQUESTRIAN ASSOCIATION

RECOMMENDATION:

It is recommended that the City Council consider:

1. Adopting Resolution No. 2022-, approve a concessionaire agreement with Chaparral Country Corporation, In c. of Woodside CA (EXHIBIT A) to provide recreational facilities and programs to the public at the Marina Equestrian Center Park; and

2. Authorize the City Manager to execute the agreement on behalf of the City subj ect to final review and approval by the City Attorney; and

3. Direct staff to provide notice to vacate to the Marina Equestrian Association.

BACKGROUND:

The 13.76-acre parcel of property at 5 th Avenue and 9 th Street known as the “Marina Equestrian Center Park” ( “MEC Park”) was conveyed to the City of Mari na (“City”) by Quitclaim Deed from the Department of the Interior of the U.S. Government, acting by and through the D irector, National Park Service (“NPS”), on April 13, 1998 , under provisions of the Feder al Property and Administrative Services Act of 1949 (40 USC §550 (e)) and the Federal Lands to Parks Program (the “Lands to Parks Program”) a public benefit conveyance program . The City paid no consideration to the federal government for the land and contin ued public ownership is mandatory as the land conveyed must be used in perpetuity only for public park and public recreation area purposes. Under the Lands to Parks Program, there is no authorization for the dedication of any portion of the land conveyed f or private purposes nor for the generation o f reven ue by any means other than by providing a service that facilitates public recreation. The approved use must be in accordance with a Program of Utilization and Plan (“POU”), to which NPS’ concurrence is required, which may be amended from time to time.

Together, the “Public Conveyance of Parks and Recreation Property at Fort Ord ,” July 1993, attached as EXHIBIT B, and the letter dated May 25, 1994, with City Resolution No. 94-23 attached as EXHIBIT C, and the Quitclaim Deed recorded April 24, 1998 (“Quitclaim Deed”) , attached as EXHIBIT D, provided for the transfer to the City of 27.235 acres, then commonly referred to as “horse stables at Fort Ord.”

1 The present operator of MEC Park, t he Marina Equest rian Association (the “MEA”), was formed in 1994 by a group of military families and civilians who were operating the horse stables at Fort Ord.

Faced with the closure of Fort Ord and with the loss of their Army sponsor for the land, and the potential loss of the facility to military and civil service families regularly assigned to the Monterey peninsula, the MEA approached the City in April of 1994 to sponsor MEA’s application to continue to operate on the (then) 34-acre property where the Fort Ord recreational stables were located.

In 1994, the City’s request for conveyance of the horse stables at Fort Ord was added by amendment to the City’s request for conveyance of the Sports and Tennis Parcels . A POU for the stables was not provided at that time. In a letter to the City dated December 30, 1997, the NPS requested a detailed POU Plan, which outlined the proposed use and development plans for the stable parcel . In response , on January 30, 1998, the City submitted a draft POU and received NPS’ acceptance and concurrence to that POU (the “1998 POU”) on March 20, 1998. On January 8, 2000, the C ity and the MEA entered into an Operating Agreement for the Marina Equestrian Center (“Operating Agreement”) for certain premises and facilities consisting of 13.76 acres. Although the land deed requires NPS appr oval of the Concessionaire and Operating Agreement, MEA has never received NPS approval as a concessionaire.

The term of the Operating Agreement commenced on February 1, 2000, and ended on January 31, 2005.

MEA, has continued to operate on a month-to-month basis to the present time.

The City Council subsequently directed that a second POU be prepared to replace the 1998 POU and an ad hoc committee was established for this purpose and a public process was conducted. The resulting POU (the “2013 POU”) was approved by the City Council on July 16, 2013, and in September 2013 the 2013 POU was provided to NPS for its review. A copy is attache d as EXHIBIT E. On January 12, 2017, NPS, through NPS Federal Lands to Parks Program Manager Mr. David Seigenthaler , communicated its conditional concurrence with the 2013 POU with a caveat concerning the private boarding of horses . NPS does not consider private long -term boarding of horses to be a public recreational use of the site . This communication is attached as EXHIBIT F. The 2013 POU was developed in accordance with the NPS’ advice and is the current operative POU for MEC Park. Over the years, the most problematic use of the equestrian center by MEA has been the issue of private boarding.

The Council has prioritized the development of MEC Park as a public park consistent with the Lands to Parks Program and the best interests of the City and the public . The Quitclaim Deed and the Lands to Park Program authorize the use of concessionaires , subject to NPS’ prior concurrence, to offer public services. In order to implement the 2013 POU on March 21, 2017, the City Council unanimously adopted Resolution 2017-28, directing staff to prepare and issue a Request for Proposals (“RFP”) for a concessionaire to operate an equ estrian facility at the MEC Park consistent with the 2013 POU and direction from the NPS.

Three proposals in response to the RFP were received on January 4, 2021 . The proposing concessionaires were Chaparral Country Corporation, Inc. (“Chaparral”); MEA; a nd Fort Ord Equine Foundation. Staff evaluated the proposals, presentations by the proposers and interview responses according to the criteria stated in the RFP. The proposers were rated and ranked to determin e the most qualified respondent to the request for proposals. Staff determined that Chaparral is the most qualified concessionaire. Staff recommendations were presented at a special City Council meeting held on August 31st, 2021. At the meeting, City Coun cil received comments from the public and conti nued the item to the September 8 th, 2021 meeting when the City Council adopted Resolution 2021 -96, attached as EXHIBIT G. The Resolution took the following actions: approv ed Chaparral as the most qualified respondent to the RFP to provide recreational fac ilities and programs to the public at MEC Park; directed staff to negotiate the terms of a concession agreement with Chaparral; directed staff to obtain NPS concurrence with the terms of the concession agreeme nt; directed staff to do further vetting of the financials of Chaparral; and directed staff to return to City Council with a concession agreement for approval.
2 ANALYSIS:

Over the past year, City staff has been actively working with the Chaparral team in ne gotiating a draft concessionaire agreement. W ith the assistance of Keyser Marston, the City reviewed the proprietary financial records of Chaparral and has determine d they appear to be financially stable and have sufficient equity available to operate successfully as the concessionaire a the MEC Park.

On August 15th, 2022 MEA members provided access for City staff and Chaparral to the MEC Park facilities they have been utilizing under the Operating Agreement. This allowed for the completion of an inventory of the facilitie s and equipment that will b e made available to the concessionaire under the draft agreement attached as EXHIBIT A.

While this was happening, there was an effort put together by certain members of the public and others to reach out to U nited States Congressman Jimmy Panetta and get his assistance in requesting the NPS reconsider their prior decision and direction to the City of Marina regarding long -term boarding of horses. Attached is a letter from Congressman Panetta written to the NP S on December 14, 2021 (EXHIBIT H).

As a response to this effort, the City received a letter dated July 12, 2022, from Joel Lynch, the Chief of State and Local Assistance Programs from the NPS Washington, DC off ice attached as EXHIBIT I , issuing a final request and notice for the City to cure non -compliance at MEC Park. As indicated in the letter, the NPS continues to support the City of Marina’s efforts to make the MEC Park a truly public park and wanted a stat us update of our draft concessionaire agre ement with Chaparral. However, as indicated i n the letter, NPS and the General Services Administration (GSA) must explore alternative actions to remedy the current situation at the MEC Park if the City does not mo ve forward with approving a concessionaire agreement with Chaparral.

If the City Counci l does not want to move forward with approving an agreement with Chaparral, the following alternate remedies were provided to the City by NPS:

1. Voluntary reversion of MEC Park to federal ownership.

2. Abrogation of the park use requirements through sale of the property to the City at fair market value.

3. Transfer of the property to another governmental entity (such as the County) capable of operating the site as a public park under NPS regulations.

4. Involuntary reversion as a last resort, absent an ad equate response by the City to NPS request for a public use plan that meets the public recreation purpose of the conveyance.

If Council approves a concessionaire agreement with Chaparral, staff will provide reasonable not ice to MEA to vacate MEC Park.

FISCAL IMPACT:

Approval of the agreement will provide revenue to the NPS fund through rent payments and concessionaire revenue sharing amounting from $76,800 to $114, 240 during the first 5 -year term of the agreement.

CONCLUSION:

This matter is submitted to the City Council for consideration and possible action.

3 Respectfully Submitted

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

Public Works Director/City Engineer
City of Marina

REVIEWED/CONCUR:

_____________________________
Juan Lopez
Finance Director
City of Marina

__________________________
Layne P. Long
City Manager
City of Marina
4 RESOLUTION 2021-

A RESOLUTION OF THE CITY COUNCI L OF THE CITY OF MARINA

APPROVING A CONCESSIONAIRE AGREEM ENT WITH CHAPARRAL
COUNTRY CORPORAT ION, INC. OF WOODSIDE, CA TO PROVIDE

RECREATION FACILITIES AND PROGRAMS TO THE PUBLIC AT THE MARINA EQUESTRIAN CENTER PARK; AUTHORIZE THE CITY MANAGER TO

EXECUTE THE AGREEMENT ON BEHALF OF THE CITY SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY; AND DIRECT STAFF TO

PROVIDE NOTICE TO VACATE TO THE MARINA EQUESTRIAN ASSOCIATION

WHEREAS the 35 -acre parcel of property at 5th Avenue and 9th Street known as the “Marina Equestrian Center Park” was deeded by the U.S. G overnment to the City of Marina on April 13, 1998, under the National Park Service’s (NPS) Federal Lands to Parks Program; and

WHEREAS together, the “Public Conveyance of Parks and Recreation Property at Fort Ord,” July 1993, attached as EXHIBIT B, and the letter dated May 25, 1994, with Ci ty Resolution No. 94-23 attached as EXHIBIT C , and the Quitclaim Deed recorded April 24, 1998 (“Quitclaim Deed”), attached as EXHIBIT D, provided for the transfer to the City of 27.235 acres, then commonly referred to as “horse stables at Fort Ord”; and

WHEREAS on July 16, 2013, City Council unanimously adopted a proposed Program of Utilization (POU) for the Marina Equestrian Center Park; and

WHEREAS in July 2013, the proposed POU was submitted to the National Park Service; and

WHEREAS on January 12, 2017, the National Park Service communicated its approval of the proposed POU with the proviso that the private long-term boarding of horses is not a public recreational use of the site and the City must establish a suitable plan to make boarding of horses an equitable park use; and

WHEREAS in order to implement the POU, the City Council adopted resolution 2017 -28 on March 21, 2017, directing staff to prepare and issue a Request for Prop osals (RFP) for a concessionaire to operate an equestrian facility at the Marina Equestrian Center Park consistent with the POU and direction from the NPS; and

WHEREAS staff issued an RFP for potential concessionaires on October 23, 2020. Three proposals in response to the RFP were received on January 4, 2021; and

WHEREAS the proposing concessionaires were Chaparral Country Corporation, Inc. (Chaparral); Marina Equestrian Association; and Fort Ord Equine Foundation. Staff evaluated the proposals, presentations by the proposers and intervie w responses according to the criteria stated in the RFP. The proposers were rated and ranked to determine the most qualified respondent to the request for proposals.

Staff determined that Chaparral is the most qualified concessionaire; and

WHEREAS staff recommendations were presented at a spe cial City Council meeting held on August 31st, 2021. At the meeting, City Council received comments from the public and continued the item to the September 8th, 2021 meeting when the City Council adopted Resolutio n 20 21-96, attached as EXHIBIT G . The Res olution took the following actions: approved Chaparral as the most qualified respondent to the RFP to provide recreational facilities and programs to the public at MEC Park; directed staff to negotiate the terms of a concession agreement with Chaparral; di rected staff to obtain NPS concurrence with the terms of the concession agreement; directed staff to do further vetting of the financials of Chaparral; and directed staff to return to City Council with a concession agreement for approval; and,
5 Resolution No. 2022-
Page Two

WHEREAS over the past year, City staff has been actively working with the Chaparral team in negotiating a draft concessionaire agreement. With the assistance of Keyser Marston, the City reviewed the proprietary financial records of Chaparra l and has determined they appear to be financially stable and have sufficient equity available to operate successfully as the concessionaire a the MEC Park; and,

WHEREAS on August 15th, 20 22 MEA members provided a ccess for City staff and Chaparral to the MEC Park facilities they h ave been utilizing under the Operating Agreement. This allowed for the completion of an inventory of the facilities and equipment that will be made available to t he concessionaire under the draft agreement attached as EXHIBIT A; and,

WHEREAS while this was happening, there was an effort put together by certain members of the public and others to reach out to United States Congressman Jimmy Panetta and get his assistance in requesting the NPS reconsider their prior decision and direction to the City of Marina regarding long-term boarding of horses. Attached is a letter from Congressman Panetta written to the NPS on December 14, 2021 (EXHIBIT H); and,

WHEREAS as a response to this effort, the City received a letter dated July 12, 2022, from Joel Lynch, the Chief of State and Local Assistance Programs from the NPS Washington, DC office attached as EXHIBIT I, issuing a final request and notice for the City to cure non -compliance at MEC Park. As indicated in the letter, the NPS continues to support the City of Marina’s efforts to make the MEC Park a truly public park and wanted a status update of our draft concessionaire agreement with Chaparral.

However, as indicated in the letter, NPS and t he General Services Administration (GSA) must explore alternative actions to remedy the current situation at the MEC Park if the City does not move forward with approving a concessionaire agreement with Chaparral; and,

WHEREAS, if the City Council does no t want to move forward with approving an agreement with Chaparral, the following alternate remedies were provided to the City by NPS:

1. Voluntary reversion of MEC Park to federal ownership.

2. Abrogation of the park use requirements through sale of the propert y to the City at fair market value.

3. Transfer of the propert y to another governmental entity (such as the County) capable of operating the site as a public park under NPS regulations.

4. Involuntary reversion as a last resort, absent an adequate response by th e City to NPS request for a public use plan that meets the public recreation purpose of the conveyance

NOW, THEREFORE BE IT RESOLVED that the City Council hereby approves Resolution No. 20 22– which includes the following actions:

1. Approve a concessionaire agreement with Chaparral Country Corporation, Inc. of Woodside CA to provide recreational facilities and programs to the public at the Marina Equestrian Center Park; and

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

3. Direct staff to provide notice to vacate to the Marina Equestrian Association. 6 Resolution No. 2022-
Page Three

PASSED AND ADOPTED by the City Council of the City of Marina at a r egular meeting duly held on the 7th day of September 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
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1 Siegenthaler, David
From: Siegenthaler, David <[email protected]>
Sent: Thursday, January 12, 2017 5:10 PM
To: Gail Morton; Layne Long
Cc: Terry Siegrist
Subject: Marina Equestrian Center Program of Utilizatrion In September 2013 we received an updated draft Program of Utilization (POU) for the 27.24-acre Marina Equestrian Center ("MEC POU Approved by Council 7-16-2013"). Since that time we have had several conversations regarding implementation of a Program of Utilization at the site, and our reservations regarding approval of a POU that contained a statement that some areas would still be dedicated to private use. We also understood that there may be some local controversy regarding the highest and best public recreational use to which the property should be put that perhaps the City was still in the process of resolving. In general, however, we find that the proposed utilization plan represents an improved approach to opening the area to public recreational use and would meet NPS requirements for consistency with the terms of the property transfer, with one caveat.

The one area of major concern for us is the private boarding of horses. The first priority, as we understand your POU, would be for stabling horses needed for lessons and rentals, as well as some short-term boarding for visitors coming to the area to use the trails. Those very clearly serve the public park purpose.

Private long-term boarding of horses is not a public recreational use of the site. As we have stated in previous communications, boarding of horses is not precluded as a legitimate public recreational use of the park in certain circumstances. Those circumstances require that boarding of horses be structured such that it is a public use, not one that establishes a long-term right of exclusive occupancy. This requires a fair allocation system for boarding opportunities – such as waiting lists, rotations, and award of limited duration (even if longer than short-
term) boarding contracts with no guarantee of renewal that allow broad public use. Boarding of horses for anything more than short-term periods, if allowed at all, should use a small percentage of the boarding space available. The presence of privately owned boarded horses may not impede the public access to and use of the park. Horses owned by a concessionaire that are used for public rental, trail rides, and riding instruction may reside at the stables while in such service. No portion of the park may be dedicated to private use.

The proposed POU remarks that park improvements depend upon income from horse boarding. As stated above and previously, the park is restricted to use only for park and public recreation area purposes.

Therefore any activity conducted on the site must be for that purpose. Generation of revenues by a non-public-recreational use may not be justified on the basis of its eventual economic support of the park.

Therefore, any boarding that occurs, must be carried out as a public use. Also, under the terms of the deed, any revenues generated on the parkland must be channeled back to park maintenance, operations, and improvements.

With the proviso that the City establishes a suitable plan to make boarding of horses an equitable public park use, we concur in the revised program of utilization presented in the referenced 2013 document.

We assume that any site plans that would alter the facilities or use of the area wou ld be subject to compliance
with state and local requirements regarding environmental and cultural resources.

EXHIBIT F
178
2 As a reminder, the area must be permanently and clearly signed as land that was received from the federal government for use as a public park. Our current guidance is for the following language: “This park land was acquired through the FEDERAL LANDS TO PARKS PROGRAM of the United States Department of the Interior, National Park Service, for use by the general public”.

As you know, any concession or license agreements must be reviewed by the National Park Service for consistency with the terms of the transfer. Leases and granting of easements or any property rights, are not allowed.

Biennial Reports are also required under the terms of the trans fer, and should be submitted to NPS by the City
of Marina, not by a licensee or concessionaire. They should include reports of park use and condition, revenues and expenditures, capital improvements, management issues, and a certification regarding non- discrimination and use of revenues. We have a standard form available for this purpose.

Please let me know if you have questions or concerns about any of this, and best wishes to you in the next phase of this project.

Sincerely,

David Siegenthaler
Pacific West Region
National Park Service
333 Bush Street, Suite 500
San Francisco, CA 94104-2828
V: 415-623-2334
F: 415-623-2387

Federal Lands to Parks
Land and Water Conservation Fund
Urban Park and Recreation Recovery Program
National Historic Lighthouse Preservation Program

EXHIBIT F
179
RESOLUTION 2021-96

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA RECEIVING A PRESENTATION ON THE MARINA EQUESTRIAN CENTER PARK; APPROVING CHAPARRAL COUNTRY CORPORATION, INC. OF WOODSIDE, CA AS THE MOST

QUALIFIED RESPONDENT TO THE REQUEST FOR PROPOSALS (RFP) TO

PROVIDE RECREATIONAL FACILITIES AND PROGRAMS TO THE PUBLIC AT THE MARINA EQUESTRIAN CENTER PARK; DIRECTING STAFF TO NEGOTIATE THE

TERMS OF A CONCESSION AGREEMENT WITH CHAPARRAL COUNTRY
CORPORATION, INC. OF WOODSIDE, CA; DIRECTING STAFF TO OBTAIN

NATIONAL PARK SERVICE'S CONCURRENCE WITH THE TERMS OF A CONCESSION AGREEMENT; DIRECT STAFF TO DO FURTHER VETTING OF THE FINANCIALS BY THE CHAPARRAL CORPORATION; AND DIRECTING STAFF TO

RETURN TO CITY COUNCIL WITH A CONCESSION AGREEMENT FOR
APPROVAL.

WHEREAS the 35-acre parcel of property at 5th Avenue and 9th Street known as the "Marina Equestrian Center Park" was deeded by the U.S. Government to the City of Marina on April 13, 1998, under the National Park Service's (NPS) Federal Lands to Parks Program; and WHEREAS the Quitclaim Deed recorded April 24, 1998 attached as EXHIBIT A, the "Public Conveyance of Parks and Recreation Property at Fort Ord" July 1993 attached as EXHIBIT B, and the letter dated May 25, 1994 with City of Marina Resolution No. 94-23 attached as EXHIBIT C provided for the transfer of 34. 7 acres commonly referred to as "horse stables at Fort Ord" to remain as equestrian center for public recreation and use; and WHEREAS on July 16, 2013, City Council unanimously adopted a proposed Program of Utilization (POU) for the Marina Equestrian Center Park; and
WHEREAS in July 2013, the proposed POU was submitted to the National Park Service; and WHEREAS on January 12, 2017, the National Park Service communicated its approval of the proposed POU with the proviso that the private long-term boarding of horses is not a public recreational use of the site and the City must establish a suitable plan to make boarding of horses an equitable park use; and
WHEREAS in order to implement the POU, the City Council adopted resolution 2017-28 on March 21, 2017, directing staff to prepare and issue a Request for Proposals (RFP) for a concessionaire to operate an equestrian facility at the Marina Equestrian Center Park consistent with the POU and direction from the NPS; and
WHEREAS staff issued an RFP for potential concessionaires on October 23, 2020. Three proposals in response to the RFP were received on January 4, 2021; and WHEREAS three proposals in response to the RFP were received on January 4, 2021. The proposing concessionaires were Chaparral Country Corporation, Inc. (proposal attached as EXHIBIT H); Marina Equestrian Association (proposal attached as EXIDBIT I); and Fort Ord Equine Foundation (proposal attached as EXHIBIT J). Interviews of all three proposers were conducted on February 8th, 2021 ; and
WHEREAS staff evaluated the proposals, presentations by the proposers and interview responses ._.._... according to the criteria stated in the RFP. The proposers were rated and ranked to determine the most qualified respondent to the request for prol?osals. Staff. det�rmined that Chaparral Country corporation, Inc., of Woodside CA is the most quabfied concess1ona.J.re. 180
Resolution No. 2021-96
Page Two
NOW, THEREFORE BE IT RESOLVED that the City Council hereby approves Resolution No. 2021- which includes the following actions:

I. Receiving a presentation on the Marina Equestrian Center Park;

2. Approving Chaparral Country Corporation, Inc. of Woodside CA as the most qualified respondent to the request for proposals (RFP) to provide recreational facilities and programs to the public at the Marina Equestrian Center Park;

3. Directing staff to negotiate the terms of a concession agreement with Chaparral Country Corporation, Inc. of Woodside CA;

4. Directing staff to obtain National Park Service's concurrence with the terms of a concession agreement; and

5. Direct staff to do further vetting of the financials by the Chaparral Corporation; and

6. Directing staff to return to City Council with a concession agreement for approval.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 8th day of September 2021, by the following vote:

A YES: COUNCIL MEMBERS: Burnett, Berkley, Biala
NOES: COUNCIL MEMBERS: Medina Dirksen, Delgado
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
ATTEST:
181

EXHIBIT H
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EXHIBIT I
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EXHIBIT I
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