Agenda — Marina City Council, October 18, 2022

AGENDA

Tuesday October 18, 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 2022-110, public participation in City of Marina City Council public meetings shall be electronic only and without a physical location for public participation until the earlier of May 31, 2022, or such time as the City Council may ado pt a resolution in accordance with Government Code §54953(e)(3). This meeting is being broadcast “live” on Access Media Productions (AMP) Community Television Cable 25 and on t he City of Marina Channel and on the i nternet at https://accessmediaproductions.org/

PARTICIPATION
You may participate in the City Council meeting in real-time by calling Zoom Meeting via the weblink and phone number provided at the top of this agenda. Instructions on how to acce ss, vie w and participate in remote meetings are provided by visiting the City’s home page at https://cityofmarina.org/. Attendees can make oral comments during the meeting by us ing 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 co mments received will become part of t he record. Council will have the option to modify their action on items based on comments received.

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

Agenda for City Council Meeting of Tuesday, October 18, 2022 Page 2

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

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

1. CALL TO ORDER

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 Labor Negotiators (§54957.6)
i. Marina Employee Association
ii. Marina Professional Fire Fighters Association
iii. Marina Public Safety Managers Association
iv. Marina Middle Manager Association
v. Directors
i. Community Development Director
ii. Finance Director
iii. Fire Chief
iv. Police Chief
v. Public Works Director
vi. Recreation & Cultural Services Director
vii. Assistant City Manager
City Negotiators: Layne P. Long, City Manager and Employee Relations Officer 6:30 PM - RECONVENE OPEN SESSION AND REPORT ON ANY ACTI ONS TAKEN I N

CLOSED SESSION

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

5. SPECIAL PRESENTATIONS:
a. Save Our Whales Activities Presentation

Agenda for City Council Meeting of Tuesday, October 18, 2022 Page 3

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 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 q uestions 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.

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, an d these item s are consi dered to be routine. Al l items under the Consent Agenda ar e normally approved by one motion. Prior to such a motion being made, any member of the public or the City Council may a sk a que stion or make a comment a bout an agenda item a nd staff wil l provide a response. If discussion 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 Agen da, 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 discussion or a lengthy ex planation is required, that item will be removed from the Consent Agenda and placed at the end of Other Action Items. a. ACCOUNTS PAYABLE:
(1) Accounts Payable Check Numbers 100916-101008, totaling $887,906.59 Successor Agency Accounts Payable Check 95-98, totaling $54,456.24 b. MINUTES: None
c. CLAIMS AGAINST THE CITY:
(1) City Council Rejection of Claim - staff recommends that the City Council reject the f ollowing claim and direct sending appro priate notice of r ejection to claimant: Alison Bautista for a claim received on October 10, 2022. d. AWARD OF BID: None
e. CALL FOR BIDS: None
f. ADOPTION OF RESOLUTIONS:
(1) City Council consider adoptin g Resolutio n No. 2022 -, regarding the Ralph M.

Brown Act (California Go vernment Code §§54950 -54963, making c ertain findings; and authorizing t he city to continue to i mplement r emote teleconferenced public meetings of the City C ouncil and its constituent bodies for the period October 21, 2022, through November 20, 2022.

Agenda for City Council Meeting of Tuesday, October 18, 2022 Page 4

(2) City Council consider adoptin g Resolution N o. 2022 -, approving the salary range adjustment for Senior Building Inspector and authorize Finance Director to make appropriate budgetary amendments.
g. APPROVAL OF AGREEMENTS:
(1) City Council consider adopting Resolution No. 2022 -, authorizing staff to work with Bird, Inc. to implement the deployment and authorize the City Manager to execute a Shared Mobility Agreement , an encroachment permit with a fee agreement, and amendments necessary to implement a Shared Mobility Device Services program in Marina.
(2) City Council consider adopting Resolution No. 2022-, approving an amendment to the agreement between The City of Marina and Formation Environmental , LLC. to provide engineering services for t he groundwater sustainability planning; and allocating and appropriating $38,000.00 from the General Fund; and authorizing the City Manager to execute the agreement on behalf of the City subject to fina l review and approval by the City Attorney ; and authorizing the Finance Director to make the necessary accounting and budgetary entries. (3) City Council consider adopting Resolution No. 2022 -, approving Amendment No. 6 to the agreement between the City of Marina and Save the Whales of Seaside, California, to provide professional services for the City of Marina’s Storm Water Permit Program ; and authorizing the Finance Director to make necessary accounting and budgetary entries, and; authorizing the City Manager to execut e the agreement on behalf of the City subject to final review and approval by the City Attorney.
(4) City Council consider adoptin g Resolution No. 2022 -, approving a credit of surplus sol id waste collection fees back to rate p ayers that paid for service in rate period 5 and rate period 6.
h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
i. MAPS: None
j. REPORTS: (RECEIVE AND FILE): None
k. FUNDING & BUDGET MATTERS:
l. APPROVE ORDINANCES (WAIVE SECOND READING):
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 t o modify Section 5.32.090 t o allow the as signment of a second cardroom permit in the Marina Municipal Code. Continued from September 7, 2022, and October 6, 2022. CONTINUED TO DECEMBER 6, 2022

10. OTHER ACTIONS ITE MS OF THE SU CCESSOR AGENC Y 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 pu blic is invited to approach th e pod ium to provide up to four (4) minutes of public comment.

Agenda for City Council Meeting of Tuesday, October 18, 2022 Page 5

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

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

Note: No additional major projects or prog rams should be undertaken w ithout review of the impacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). a. City Council consider adoptin g Resolution No. 2022-, approving a Professional Services Agreement with Rai mi+Associates (R+A) for t he preparation of a comprehensive General Plan Update, EIR, and Zoning Code Update in compliance with State law; authorize the Finance Director to make necessary a ccounting a nd budgetary ent ries; and authorize the City Mana ger to execute the Agreement on behalf of City with Raimi+Associates subject to final review by the City Attorney. b. City Council c onsider adopting Resolution No. 2022-, receiving a presentation on the l ocation, landscape features, and amenities for the placement of the Martin Luther King sculpture donated to the City by the Pa ige family; and approving the advertising and call for bids for the execution of the Martin Luther King Sculpture project.
c. City Council consider adopting Resolution No. 2022 -, approving revisions to the draft concessionaire agree ment with Chaparral Country Corporati on, In c. of Woodside CA to provide recreational facilities and programs to the public at the Marina Eques trian Center Park ; and authorize the City Manager to execute the revised agreement on behalf of the City subj ect to final review and appro val by the City Attorney.

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

13. ADJOURNMENT:

CERTIFICATION

I, Anita Sharp, Deputy City Clerk, of the City of Marina, do hereby certify that a copy of the foregoing agenda was posted at City Hall and Counc il Ch ambers Bulletin Board at 211 Hi llcrest Avenue, Monterey County Library Marina Branch at 190 Seaside Circle, City Bulletin Board at th e corner of Reservation Road and Del Monte Boulevard on or before 6:30 p.m., Friday, October 14, 2022.

___________________________________

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

City C ouncil meetings may be viewed live on the me eting nigh t 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, Tuesd ay a nd W ednesday. For more inf ormation ab out viewing the Council Meetings on Channel 25, you may contact Access Monterey Peninsula directly at 831-333-1267.

Agenda for City Council Meeting of Tuesday, October 18, 2022 Page 6

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

Supplemental ma terials r eceived after the close of the f inal agenda and through noo n on the day of the scheduled meeting wil l be avai lable for public review on the City ’s website:
https://www.cityofmarina.org/DocumentCenter/Index/1854
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 al so available at no cos t via email by n otifying th e City Clerk a t [email protected]
ALL MEETINGS A RE OPEN TO THE PUBLIC. THE CIT Y OF M ARINA DOES N OT 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 un c i l , A ir p o r t C o m mi s s i o n, M a r i n a Ab r a m s B N o n - P r o f i t C or p o ra ti 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 c e s s o r A g en c y o f t h e F o r m e r R e d e v e l o p me n t A g e n c y a n d M a r i n a Gr ou ndw a t e r S u s t a i n a bi l i t y A g e n c y R e g u l a r M eet i n g s : 5: 0 0 p . m . C l o s e d S e s s i o n ; 6 : 30 p . m . R e g u la r O p e n S es s i o n s

Tuesday, November 1, 2022
Tuesday, November 15, 2022
Tuesday, December 6, 2022
Tuesday, December 20, 2022
NOTE: Regular Meeting dates may be rescheduled by City Council only. _________________________________________

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

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 0 22 M e e t i n g s of P l a n n i n g C o m m i s s i o n 2nd and 4th Thursday of every month. Meetings are held at the Council Chambers at 6:30 P.M.

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

Bank Account: 905 - Chase - Checking
Check 10/07/2022 100916 Accounts Payable Ace Hardware 10.90 Invoice Date Description Amount.
083185 10/03/2022 Windshield Washing Solution 10.90
Check 10/07/2022 100917 Accounts Payable Ace Hardware 122.25 Invoice Date Description Amount.
083137 09/28/2022 VD Park 72.06
083113 09/26/2022 PD 16.37
083083 09/21/2022 PD 17.47
083161 09/30/2022 Terry's Bench (Teen Center) 16.35
Check 10/07/2022 100918 Accounts Payable Advantage Gear 996.62 Invoice Date Description Amount.
57267-1 09/20/2022 Acct# 6044-1 - Uniform for J. Alvarenga and M. Smith 996.62 Check 10/07/2022 100919 Accounts Payable Alert-All Corporation 419.52 Invoice Date Description Amount.
222091087 09/23/2022 Fire Prevention Supplies for Open House 419.52 Check 10/07/2022 100920 Accounts Payable Altius Medical 297.99 Invoice Date Description Amount.
18215 09/21/2022 Tri-annual medical waste service - bio hazard waste disposal 99.99 177773 06/02/2022 Tri-annual medical waste service - bio hazard waste disposal 99.00 18217 09/21/2022 Tri-annual medical waste service - bio hazard waste disposal 99.00 Check 10/07/2022 100921 Accounts Payable Aramark Uniform Service 4,336.41 Invoice Date Description Amount.
5110005181 05/18/2022 Shop Supplies 17.81
5110005189 05/18/2022 PW Uniforms 116.95
5110005195 05/18/2022 Shop Supplies 70.51
5110013003 06/01/2022 PW Uniforms 100.32
5110013009 06/01/2022 Shop Supplies 70.51
5110016456 06/08/2022 PW Uniforms 46.60
5110016460 06/08/2022 PW Uniforms 137.95
5110016469 06/08/2022 Shop Supplies 70.51
Marina, CA LIVE
AP Check Register 10.7.2022
Bank Account: 905 - Chase - Checking
Batch Date: 10/07/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Rogah Satof Pages: 1 of 8 10/6/2022 9:47:01 AM
1 Agenda Item: 8a
5110021114 06/15/2022 PW Uniforms 165.28
5110021120 06/15/2022 Shop Supplies 70.51
5110025126 06/22/2022 PW Uniforms 116.95
5110025130 06/22/2022 Shop Supplies 70.51
5110029296 06/29/2022 PW Uniforms 144.29
5110029298 06/29/2022 Shop Supplies 70.51
5110033772 07/06/2022 PW Uniforms 315.99
5110033774 07/06/2022 Shop Supplies 70.51
5110037965 07/13/2022 PW Uniforms 171.00
5110037967 07/13/2022 Shop Supplies 70.51
5110042097 07/20/2022 PW Uniforms 146.11
5110042099 07/20/2022 Shop Supplies 70.51
5110046284 07/27/2022 PW Uniforms 133.41
5110049902 08/03/2022 PW Uniforms 135.37
5110049915 08/03/2022 Shop Supplies 70.51
5110053935 08/10/2022 PW Uniforms 188.56
5110053948 08/10/2022 Shop Supplies 70.51
5110058767 08/17/2022 PW Uniforms 203.12
5110058769 08/17/2022 Shop Supplies 70.51
5110062907 08/24/2022 PW Uniforms 127.56
5110062911 08/24/2022 Shop Supplies 70.51
5110067163 08/31/2022 PW Uniforms 192.49
5110067166 08/31/2022 Shop Supplies 70.51
5110071796 09/07/2022 PW Uniforms 176.38
5110071802 09/07/2022 Shop Supplies 70.51
5110075636 09/14/2022 PW Uniforms 135.54
5110075643 09/14/2022 Shop Supplies 70.51
5110079796 09/21/2022 PW Uniforms 129.79
5110079806 09/21/2022 Shop Supplies 70.51
5110084601 09/28/2022 PW Uniforms 165.76
5110084611 09/28/2022 Shop Supplies 70.51
Check 10/07/2022 100922 Accounts Payable ARC Document Solutions 282.96 Invoice Date Description Amount.
2623501 09/21/2022 ARC September 2022 282.96
Marina, CA LIVE
AP Check Register 10.7.2022
Bank Account: 905 - Chase - Checking
Batch Date: 10/07/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Rogah Satof Pages: 2 of 8 10/6/2022 9:47:01 AM
2 Check 10/07/2022 100923 Accounts Payable AT & T 9.07
Invoice Date Description Amount.
09-21-22 09/21/2022 Acct #051 935-4017 001 9.07
Check 10/07/2022 100924 Accounts Payable AT & T 123.10
Invoice Date Description Amount.
000018834257 09/28/2022 Fire Alarms Hangar Bldgs 524 & 533 (9391023444) 48.06 000018834256 09/28/2022 Fire Alarms Hangar Bldgs 524 & 533 (9391023443) 48.06 000018834262 09/28/2022 AWOS Auto Weather Station (9391023449) 26.98 Check 10/07/2022 100925 Accounts Payable Branch's Janitorial 2,235.00 Invoice Date Description Amount.
228477 09/23/2022 Janitorial Service - Police/Fire/Airport September 2022 2,235.00 Check 10/07/2022 100926 Accounts Payable Carmel Fire Protection Associates 600.00 Invoice Date Description Amount.
122357 09/03/2022 Plan check & Inspection for Starbuck (above ground) 200.00 122379 10/01/2022 Plan review & inspection at Tart & Tin, 3114 Del Monte Blvd. 200.00 122378 10/01/2022 Plan review and inspection at Prasad Residence, 464 Edna Court 200.00 Check 10/07/2022 100927 Accounts Payable Cintas Corporation 69.30 Invoice Date Description Amount.
4133043205 09/30/2022 Mat Service - Police/Fire 09/30/22 69.30 Check 10/07/2022 100928 Accounts Payable Comcast 69.70
Invoice Date Description Amount.
09-26-22 09/26/2022 Acct# 8155100290083819, Cable for Police & Fire 69.70 Check 10/07/2022 100929 Accounts Payable CSUMB 5,000.00 Invoice Date Description Amount.
612855 09/30/2022 Annual Maintenance Fee - 07/01/22 to 06/30/23 5,000.00 Check 10/07/2022 100930 Accounts Payable East Bay Tire Co. 223.00 Invoice Date Description Amount.
1872803 09/26/2022 Backhoe 223.00
Check 10/07/2022 100931 Accounts Payable Emergency Vehicle Specialists 83.32 Marina, CA LIVE
AP Check Register 10.7.2022
Bank Account: 905 - Chase - Checking
Batch Date: 10/07/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Rogah Satof Pages: 3 of 8 10/6/2022 9:47:01 AM
3 Invoice Date Description Amount.
14201 08/18/2022 Vehicle equipment 83.32
Check 10/07/2022 100932 Accounts Payable Gatzke Dillon & Ballance 3,787.00 Invoice Date Description Amount.
14155 09/12/2022 Professional Services - August 2022 2,044.00 14095 08/10/2022 Professional Services - July 2022 1,743.00 Check 10/07/2022 100933 Accounts Payable Gavilan Pest Control 1,225.00 Invoice Date Description Amount.
0148184 09/30/2022 781 Neeson Bldg 520 75.00
0148183 09/30/2022 781 Neeson Bldg 520 Squirrels 1,150.00 Check 10/07/2022 100934 Accounts Payable HF&H Consultants 1,196.25 Invoice Date Description Amount.
9719522 09/22/2022 Rate Analysis 1,196.25
Check 10/07/2022 100935 Accounts Payable JR Fencing 3,500.00 Invoice Date Description Amount.
8842 09/16/2022 gate city kennel 3,500.00
Check 10/07/2022 100936 Accounts Payable Lexis Nexis Risk Solutions 150.00 Invoice Date Description Amount.
1308841-20220831 08/31/2022 Billing ID #1308841 150.00
Check 10/07/2022 100937 Accounts Payable Marina Coast Water District 8,948.00 Invoice Date Description Amount.
000056022 091522 09/15/2022 Reser/Marina Auto Stereo/Irrigation 44.07 000056017 091522 09/15/2022 208-A Palm Ave 80.86
000056021 091522 09/15/2022 Reservation Rd/By 290-308 Reservation 36.77 000056001 091522 09/15/2022 209-13 Cypress Ave 102.85
000056024 091522 09/15/2022 Del Monte/Palm 89.02
000056016 091522 09/15/2022 Resev Rd & Seacrest Ave-Next to Fire Hyd 36.77 000056019 091522 09/15/2022 211 Hillcrest Ave 1,026.63
000056020 091522 09/15/2022 304 Hillcrest Ave 107.37
000056018 091522 09/15/2022 208 Palm Ave 287.05
Marina, CA LIVE
AP Check Register 10.7.2022
Bank Account: 905 - Chase - Checking
Batch Date: 10/07/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Rogah Satof Pages: 4 of 8 10/6/2022 9:47:01 AM
4 012016000 092322 09/23/2022 199 A Paddon Place 36.77
000056094 092322 09/23/2022 2660 5th Ave 426.66
000056045 092322 09/23/2022 3100 Preston Drive 6,136.58 000056046 092322 09/23/2022 3100 Preston Drive 150.82
000056040 092322 09/23/2022 Hilo Ave 27.26
000056028 092322 09/23/2022 California at Jerry Ct 36.77 000056042 092322 09/23/2022 3040 Lake Drive 92.67
000056090 092322 09/23/2022 Locke Paddon Park 60.52
000056006 092322 09/23/2022 188 Seaside Circle 78.84
000056061 092322 09/23/2022 Reservation/Locke Paddon Park 89.72 Check 10/07/2022 100938 Accounts Payable Maynard Group Inc. 655.27 Invoice Date Description Amount.

IN2030602 10/01/2022 Acct #AC3746 655.27
Check 10/07/2022 100939 Accounts Payable Monterey County Petroleum-Sturdy Oil Co. 3,325.53 Invoice Date Description Amount.
25738A-IN 09/17/2022 Clear Diesel 3,325.53
Check 10/07/2022 100940 Accounts Payable MyFleetCenter - Wisconsin Quick Lube 199.56 Invoice Date Description Amount.
3675177 09/26/2022 PD 97.97
36775417 09/30/2022 PD 101.59
Check 10/07/2022 100941 Accounts Payable NAPA Auto Parts 190.79 Invoice Date Description Amount.
936830 09/27/2022 Fire 190.79
Check 10/07/2022 100942 Accounts Payable New Image Landscape Co. 3,790.00 Invoice Date Description Amount.
417859 09/19/2022 Locke Paddon CFD 3,790.00
Check 10/07/2022 100943 Accounts Payable Noland, Hamerly, Etienne & Hoss 47,995.50 Invoice Date Description Amount.
223873 09/27/2022 Contract Matters - Aug-Sept, 2022 13,883.00 223874 09/27/2022 Personnel Matters - Aug-Sept, 2022 197.50 Marina, CA LIVE
AP Check Register 10.7.2022
Bank Account: 905 - Chase - Checking
Batch Date: 10/07/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Rogah Satof Pages: 5 of 8 10/6/2022 9:47:01 AM
5 223877 09/27/2022 City Council Meetings - Aug-Sept, 2022 5,490.50 223875 09/27/2022 Public Records Act - Aug-Sept, 2022 1,599.75 223876 09/27/2022 General Representation - Aug-Sept, 2022 26,824.75 Check 10/07/2022 100944 Accounts Payable Office Depot 1,061.09 Invoice Date Description Amount.
265133619001 10/03/2022 Office Supplies-Finance 1,061.09 Check 10/07/2022 100945 Accounts Payable Office Depot 664.52 Invoice Date Description Amount.
262452838001 09/19/2022 Office Supplies 636.13
266363374001 09/20/2022 Office Supplies 28.39
Check 10/07/2022 100946 Accounts Payable Pacific Gas & Electric 382.55 Invoice Date Description Amount.
288-5.Sept22 09/11/2022 781 Neeson Rd Bldg 520 7175660288-5 382.55 Check 10/07/2022 100947 Accounts Payable Pure H2O 202.08 Invoice Date Description Amount.
18009 10/01/2022 Water Cooler Service Police & Fire 10/01/22 202.08 Check 10/07/2022 100948 Accounts Payable Regional Government Services 3,074.95 Invoice Date Description Amount.
13923 07/31/2022 RGS-Brass Tap-July 3,074.95
Check 10/07/2022 100949 Accounts Payable Shartsis Friese LLP 193,300.52 Invoice Date Description Amount.
5462121 09/30/2022 Professional Services - MPWSP - August 2022 193,300.52 Check 10/07/2022 100950 Accounts Payable SpeakWrite 620.65 Invoice Date Description Amount.
e66e5b83 10/01/2022 City of Marina CA Police Dept Billing Acct 620.65 Check 10/07/2022 100951 Accounts Payable TechRx Technology Services 2,016.79 Invoice Date Description Amount.
10428 09/30/2022 Corp Yard Cameras 220.00
10426 09/30/2022 New Computer for Captain's Office, set up and delivery 1,796.79 Marina, CA LIVE
AP Check Register 10.7.2022
Bank Account: 905 - Chase - Checking
Batch Date: 10/07/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Rogah Satof Pages: 6 of 8 10/6/2022 9:47:01 AM
6 Check 10/07/2022 100952 Accounts Payable Telemetrix 2,791.34 Invoice Date Description Amount.
4064 09/20/2022 Annual Gate Safety Service 2,058.75
4066 09/20/2022 Repair Electric Stike 732.59
Check 10/07/2022 100953 Accounts Payable Valley Saw & Garden Equipment 30.00 Invoice Date Description Amount.
312345 09/01/2022 Shop Supply 30.00
Check 10/07/2022 100954 Accounts Payable Verizon Wireless 1,016.68 Invoice Date Description Amount.
9916160541 09/18/2022 PW Phone Bill 972476364-00001 574.93 9916681980 09/25/2022 Acct: 371782403-00002 - FD Mobile Charges, 8/26/22 to 9/25/22 441.75 Check 10/07/2022 100955 Accounts Payable Veterinary Emergency& Specialty Center 206.00 Invoice Date Description Amount.
106052 09/21/2022 Client ID #6107 - Marina PD 206.00
Check 10/07/2022 100956 Accounts Payable Wald, Ruhnke & Dost Architects, LLP 8,622.50 Invoice Date Description Amount.
2008413 10/31/2022 Marina Airport Building 533 Improvement 8,622.50 Check 10/07/2022 100957 Accounts Payable Xerox Financial Services 239.26 Invoice Date Description Amount.
3511765 09/17/2022 Acct# 010-0066774-001 - FD Monthly Copier Charges 239.26 Check 10/07/2022 100958 Accounts Payable Zoom Imaging Solutions 593.16 Invoice Date Description Amount.

IN2964481 09/24/2022 Acct # SOS-CIT-1600-Z - City of Marina PD 593.16 Check 10/07/2022 100959 Accounts Payable Marina Employees Association 135.00 Invoice Date Description Amount.
09-30-22 09/30/2022 24 - MEA Dues 135.00
Check 10/07/2022 100960 Accounts Payable Marina Professional Fire Fighters Association
300.00
Invoice Date Description Amount.

Marina, CA LIVE
AP Check Register 10.7.2022
Bank Account: 905 - Chase - Checking
Batch Date: 10/07/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Rogah Satof Pages: 7 of 8 10/6/2022 9:47:01 AM
7 09-30-22 09/30/2022 35 - MPFFA Dues 300.00
Check 10/07/2022 100961 Accounts Payable Premier Access Insurance 3,996.00 Invoice Date Description Amount.
10-01-22 10/01/2022 101 - Dental EE+1* 5,617.84
10-01-22. 10/01/2022 Dental Claim (10/2022) (1,621.84)
Check 10/07/2022 100962 Accounts Payable Vision Service Plan 1,893.23 Invoice Date Description Amount.
10-01-22 10/01/2022 103 - Vision EE* 1,825.60
10-01-22. 10/01/2022 VSP Adjustment (10/2022) 67.63
EFT 10/07/2022 2594 Accounts Payable Wex Bank 071000288 / 4539508 318.45 Invoice Date Description Amount.
83771842 09/23/2022 Acct #0496-00-52150-7 318.45
EFT 10/07/2022 2595 Accounts Payable Marina Police Association-MPOA 322271627 / 901587928 240.00 Invoice Date Description Amount.
09-30-22 09/30/2022 23 - MPOA Dues 240.00
EFT 10/07/2022 2596 Accounts Payable Police Officers Association - POA 322271627 / 901589106 1,296.00 Invoice Date Description Amount.
09-30-22 09/30/2022 25 - POA Dues 1,296.00
905 Chase - Checking Totals: Transactions: 50 $312,842.81 Checks: 47 $310,988.36
EFTs: 3 $1,854.45
Marina, CA LIVE
AP Check Register 10.7.2022
Bank Account: 905 - Chase - Checking
Batch Date: 10/07/2022
Type Date Number Source Payee Name EFT Bank/Account
Transaction
Amount
User: Rogah Satof Pages: 8 of 8 10/6/2022 9:47:01 AM
8 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 120 - City Mgr/HR/Risk
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.010 - Prof Svc Admin - Muni Code
10149 - Code Publishing Inc. - General
Code
GC00118578 Annual Web Fees and
WebEnhancements
Paid by Check
# 100975
09/30/2022 10/03/2022 10/03/2022 10/14/2022 680.00
Account 6300.010 - Prof Svc Admin - Muni Code Totals Invoice Transactions 1 $680.00 Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10416 - Monterey County Petroleum-Sturdy
Oil Co.
25783A-IN Regular Ethenol Paid by Check
# 100988
09/24/2022 10/04/2022 10/04/2022 10/14/2022 204.88
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 1 $204.88 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $884.88 Division 000 - Non-Div Totals Invoice Transactions 2 $884.88 Department 120 - City Mgr/HR/Risk Totals Invoice Transactions 2 $884.88 Department 125 - I. T.

Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.330 - Prof Svc IT - Information Tech Svc
10897 - TechRx Technology Services 10465 IT Support - September 2022
Paid by Check
# 101000
10/01/2022 10/03/2022 10/03/2022 10/14/2022 8,160.00
Account 6300.330 - Prof Svc IT - Information Tech Svc Totals Invoice Transactions 1 $8,160.00 Account 6360.076 - Maint & Repairs Copier
10406 - Monterey Bay Systems 431906 CDD Copier
Maintenance and
Overage
Paid by Check
# 100986
09/21/2022 10/03/2022 10/03/2022 09/26/2022 10/14/2022 1,201.90 10592 - U.S. Bank Equipment Finance-
USbancorp
483588166 CDD Copier Lease
Payment - October
2022
Paid by Check
# 101002
09/29/2022 10/03/2022 10/03/2022 10/03/2022 10/14/2022 216.32 Account 6360.076 - Maint & Repairs Copier Totals Invoice Transactions 2 $1,418.22 Account 6360.342 - Maint & Repairs IT - System Annual Maint 10905 - Taygeta Scientific, Inc. 000708-R-0019 Barracuda Spam Firewall - October 2022
Paid by Check
# 100999
10/01/2022 10/03/2022 10/03/2022 10/14/2022 475.80
10905 - Taygeta Scientific, Inc. 000423-R-0046 Computer Network Defense - October
2022
Paid by Check
# 100999
10/01/2022 10/03/2022 10/03/2022 10/14/2022 2,000.00
10905 - Taygeta Scientific, Inc. 000945 Quarterly PD NAS Support & Data - Q3
2022
Paid by Check
# 100999
10/03/2022 10/03/2022 10/03/2022 10/14/2022 320.91
10905 - Taygeta Scientific, Inc. 000708-R-0018 Barracuda Spam Firewall - September
2022
Paid by Check
# 100999
09/01/2022 10/03/2022 10/03/2022 10/14/2022 475.80
10897 - TechRx Technology Services 10446 Veeam Virtual Backup Monthly Subscription -
October 2022
Paid by Check
# 101000
10/01/2022 10/03/2022 10/03/2022 10/14/2022 380.00
Run by Rogah Satof on 10/14/2022 11:36:04 AM Page 1 of 18 Accounts Payable by G/L Distribution Report
Payment Date Range 10/14/22 - 10/14/22
9 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 125 - I. T.

Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6360.342 - Maint & Repairs IT - System Annual Maint 10897 - TechRx Technology Services 10445 Ninite Monthly Subscription - October
2022
Paid by Check
# 101000
10/03/2022 10/03/2022 10/03/2022 10/14/2022 112.50
Account 6360.342 - Maint & Repairs IT - System Annual Maint Totals Invoice Transactions 6 $3,765.01 Account 6700.100 - Capital Outlay Info Tech Hardware
10897 - TechRx Technology Services 10425 New Server Paid by Check # 101000
09/30/2022 10/03/2022 10/03/2022 10/14/2022 19,931.05
Account 6700.100 - Capital Outlay Info Tech Hardware Totals Invoice Transactions 1 $19,931.05 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 10 $33,274.28 Division 000 - Non-Div Totals Invoice Transactions 10 $33,274.28 Department 125 - I. T. Totals Invoice Transactions 10 $33,274.28 Department 130 - Finance
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.216 - Prof Svc Fin - Accounting Services
10511 - Richard B. Standridge 22-20 Service 9/26-10/6/2022 Paid by EFT # 2616
10/07/2022 10/06/2022 10/06/2022 10/14/2022 3,420.00
Account 6300.216 - Prof Svc Fin - Accounting Services Totals Invoice Transactions 1 $3,420.00 Account 6300.217 - Prof Svc Fin - Business Lic Services 10274 - Hinderliter, de Llamas & Associates
( HDL )
SIN021565 August 2022 BL Admin
Fee
Paid by Check
# 100983
08/31/2022 10/10/2022 09/23/2022 10/14/2022 4,789.22
Account 6300.217 - Prof Svc Fin - Business Lic Services Totals Invoice Transactions 1 $4,789.22 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $8,209.22 Division 000 - Non-Div Totals Invoice Transactions 2 $8,209.22 Department 130 - Finance Totals Invoice Transactions 2 $8,209.22 Department 150 - City Attorney
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.450 - Prof Svc Legal - City Attorney Other Svc 11753 - Fenton & Keller PC 128461 Professional Services - Bid Protest
Paid by Check
# 100981
09/13/2022 10/03/2022 10/03/2022 10/14/2022 937.50
Account 6300.450 - Prof Svc Legal - City Attorney Other Svc Totals Invoice Transactions 1 $937.50 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $937.50 Division 000 - Non-Div Totals Invoice Transactions 1 $937.50 Department 150 - City Attorney Totals Invoice Transactions 1 $937.50 Run by Rogah Satof on 10/14/2022 11:36:04 AM Page 2 of 18 Accounts Payable by G/L Distribution Report
Payment Date Range 10/14/22 - 10/14/22
10 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 190 - Citywide Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6160.300 - Other Progr Progr Admin Costs
10200 - Discovery Benefits, Inc. 09-30-22 Admin Fee (09.2022) Paid by EFT # 2614
09/30/2022 09/30/2022 10/14/2022 10/14/2022 121.00
Account 6160.300 - Other Progr Progr Admin Costs Totals Invoice Transactions 1 $121.00 Account 6380.150 - Utilities Comm Phone System
10758 - AT & T CALNET3 000018834250 CALNET3-9391023437 (384-0425)
Paid by Check
# 100969
09/28/2022 10/10/2022 10/10/2022 10/14/2022 48.18
10758 - AT & T CALNET3 000018834253 CALNET3-9391023440 (384-0860)
Paid by Check
# 100969
09/28/2022 10/10/2022 10/10/2022 10/14/2022 24.87
10758 - AT & T CALNET3 000018834254 CALNET3-9391023441 (384-0888)
Paid by Check
# 100969
09/28/2022 10/10/2022 10/10/2022 10/14/2022 24.87
10758 - AT & T CALNET3 000018834278 CALNET3-9391023463 (384-7854)
Paid by Check
# 100969
09/28/2022 10/10/2022 10/10/2022 10/14/2022 24.87
10758 - AT & T CALNET3 000018834281 CALNET3-9391023466 (384-8477)
Paid by Check
# 100969
09/28/2022 10/10/2022 10/10/2022 10/14/2022 48.06
10758 - AT & T CALNET3 000018834283 CALNET3-9391023468 (384-9148)
Paid by Check
# 100969
09/28/2022 10/10/2022 10/10/2022 10/14/2022 24.87
10758 - AT & T CALNET3 000018832471 CALNET3-9391023471 (582-0100)
Paid by Check
# 100969
09/27/2022 10/10/2022 10/10/2022 10/14/2022 52.40
10758 - AT & T CALNET3 000018832477 CALNET3-9391023477 (582-9803)
Paid by Check
# 100969
09/27/2022 10/10/2022 10/10/2022 10/14/2022 24.87
Account 6380.150 - Utilities Comm Phone System Totals Invoice Transactions 8 $272.99 Account 6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric 2023-00000354 PG&E 6793435313-6 Paid by Check # 100993
10/10/2022 10/10/2022 10/10/2022 10/14/2022 9,272.00
Account 6380.300 - Utilities Gas & Electric Totals Invoice Transactions 1 $9,272.00 Account 6380.500 - Utilities Water & Sewer
10432 - Monterey One Water - former
MRWPCA
13-000325
09302
2800 2nd Ave Paid by Check
# 100989
09/30/2022 10/07/2022 10/07/2022 10/14/2022 47.90
10432 - Monterey One Water - former
MRWPCA
13-000143
093022
3200 Imjin Rd Paid by Check
# 100989
09/30/2022 10/07/2022 10/07/2022 10/14/2022 28.80
10432 - Monterey One Water - former
MRWPCA
12-003949
093022
209 Cypress Ave Paid by Check
# 100989
09/30/2022 10/07/2022 10/07/2022 10/14/2022 95.80
10432 - Monterey One Water - former
MRWPCA
12-003245
093022
3254 Abdy Way Paid by Check
# 100989
09/30/2022 10/07/2022 10/07/2022 10/14/2022 47.90
10432 - Monterey One Water - former
MRWPCA
12-001708
093022
304 Hillcrest Ave Paid by Check
# 100989
09/30/2022 10/07/2022 10/07/2022 10/14/2022 47.90
10432 - Monterey One Water - former
MRWPCA
12-003451
093022
0 Seaside Ave &
Reservation Rd
Paid by Check
# 100989
09/30/2022 10/07/2022 10/07/2022 10/14/2022 47.90
10432 - Monterey One Water - former
MRWPCA
12-001627
093022
211 Hillcrest Ave Paid by Check
# 100989
09/30/2022 10/07/2022 10/07/2022 10/14/2022 191.60
Run by Rogah Satof on 10/14/2022 11:36:04 AM Page 3 of 18 Accounts Payable by G/L Distribution Report
Payment Date Range 10/14/22 - 10/14/22
11 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 190 - Citywide Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6380.500 - Utilities Water & Sewer
10432 - Monterey One Water - former
MRWPCA
12-000192
093022
3200 Del Monte Blvd Paid by Check
# 100989
09/30/2022 10/07/2022 10/07/2022 10/14/2022 95.80
10432 - Monterey One Water - former
MRWPCA
13-002930
093022
3200 Imjin Rd Paid by Check
# 100989
09/30/2022 10/07/2022 10/07/2022 10/14/2022 958.00
Account 6380.500 - Utilities Water & Sewer Totals Invoice Transactions 9 $1,561.60 Account 6400.565 - Material & Suppl Office Supplies
10540 - Sierra Springs & Alhambra 7266038
093022
Water Cooler Rental
and Replacement
Water
Paid by Check
# 100998
09/30/2022 10/03/2022 10/03/2022 10/14/2022 138.81
Account 6400.565 - Material & Suppl Office Supplies Totals Invoice Transactions 1 $138.81 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 20 $11,366.40 Division 000 - Non-Div Totals Invoice Transactions 20 $11,366.40 Department 190 - Citywide Non-Dept Totals Invoice Transactions 20 $11,366.40 Department 195 - Conveyance
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6360.440 - Maint & Repairs Landscape General
10446 - New Image Landscape Co. 139705 Landscape
Maintenance
September 2022
Paid by Check
# 100992
09/30/2022 10/06/2022 10/06/2022 10/14/2022 2,140.00
Account 6360.440 - Maint & Repairs Landscape General Totals Invoice Transactions 1 $2,140.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $2,140.00 Division 000 - Non-Div Totals Invoice Transactions 1 $2,140.00 Department 195 - Conveyance Totals Invoice Transactions 1 $2,140.00 Department 210 - Police
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10416 - Monterey County Petroleum-Sturdy
Oil Co.
25783A-IN Regular Ethenol Paid by Check
# 100988
09/24/2022 10/04/2022 10/04/2022 10/14/2022 7,785.60
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 1 $7,785.60 Account 6400.565 - Material & Suppl Office Supplies
10498 - Quill Corporation 27875027 Acct # 7474999 Paid by Check # 100996
09/21/2022 10/03/2022 10/03/2022 10/14/2022 393.19
Account 6400.565 - Material & Suppl Office Supplies Totals Invoice Transactions 1 $393.19 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $8,178.79 Division 000 - Non-Div Totals Invoice Transactions 2 $8,178.79 Department 210 - Police Totals Invoice Transactions 2 $8,178.79 Run by Rogah Satof on 10/14/2022 11:36:04 AM Page 4 of 18 Accounts Payable by G/L Distribution Report
Payment Date Range 10/14/22 - 10/14/22
12 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 250 - Fire
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6400.100 - Material & Suppl CSA 74 Funded
10470 - Peninsula Welding & Medical
Supply
233038 Oxygen Compressed
FD
Paid by Check
# 100995
09/21/2022 10/04/2022 10/04/2022 10/14/2022 102.50
Account 6400.100 - Material & Suppl CSA 74 Funded Totals Invoice Transactions 1 $102.50 Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10416 - Monterey County Petroleum-Sturdy
Oil Co.
25783A-IN Regular Ethenol Paid by Check
# 100988
09/24/2022 10/04/2022 10/04/2022 10/14/2022 614.65
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 1 $614.65 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $717.15 Division 000 - Non-Div Totals Invoice Transactions 2 $717.15 Department 250 - Fire Totals Invoice Transactions 2 $717.15 Department 310 - Public Works
Division 311 - Buildings & Grounds
Sub-Division 00 - Non-Subdiv
Account 6360.065 - Maint & Repairs Bdg NonFlagship
10728 - Ace Hardware-Public Works 083168 Shop Paid by Check # 100965
09/30/2022 10/04/2022 10/04/2022 10/14/2022 32.72
10728 - Ace Hardware-Public Works 083242 209 Cypress Ave Paid by Check # 100965
10/07/2022 10/10/2022 10/10/2022 10/14/2022 42.59
10034 - American Supply Co. 0171655 Shop Supplies/Teen Center
Paid by Check
# 100966
09/13/2022 10/06/2022 10/06/2022 10/14/2022 55.72
10890 - Applied Real Estate Inspections 22-105 Limited Mold Inspection Paid by Check # 100967
03/22/2022 10/04/2022 10/04/2022 10/14/2022 425.00
10181 - Dave's Repair Service 34256 Monthly Site
Inspections as
Designated Operator
Paid by Check
# 100977
10/03/2022 10/06/2022 10/06/2022 10/14/2022 90.00
10181 - Dave's Repair Service 34233 Diesel Nozzel Work- Fuel Yard
Paid by Check
# 100977
09/27/2022 10/06/2022 10/06/2022 10/14/2022 269.98
Account 6360.065 - Maint & Repairs Bdg NonFlagship Totals Invoice Transactions 6 $916.01 Account 6360.070 - Maint & Repairs Bdg Public Safety
10520 - Roto-Rooter Plumbers &
Restoration
709005166 PD Drain Paid by Check
# 100997
09/15/2022 10/06/2022 10/06/2022 10/14/2022 535.00
10520 - Roto-Rooter Plumbers &
Restoration
711812505 PD Paid by Check
# 100997
10/05/2022 10/10/2022 10/10/2022 10/14/2022 325.00
Account 6360.070 - Maint & Repairs Bdg Public Safety Totals Invoice Transactions 2 $860.00 Account 6360.440 - Maint & Repairs Landscape General
10230 - Ewing 17975408 Shop Paid by Check
# 100980
10/07/2022 10/10/2022 10/10/2022 10/14/2022 122.30
Account 6360.440 - Maint & Repairs Landscape General Totals Invoice Transactions 1 $122.30 Run by Rogah Satof on 10/14/2022 11:36:04 AM Page 5 of 18 Accounts Payable by G/L Distribution Report
Payment Date Range 10/14/22 - 10/14/22
13 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 310 - Public Works
Division 311 - Buildings & Grounds
Sub-Division 00 - Non-Subdiv
Account 6360.445 - Maint & Repairs Maint - Perc Ponds
10728 - Ace Hardware-Public Works 083232 Perc Ponds Paid by Check # 100965
10/07/2022 10/07/2022 10/07/2022 10/14/2022 38.35
Account 6360.445 - Maint & Repairs Maint - Perc Ponds Totals Invoice Transactions 1 $38.35 Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10416 - Monterey County Petroleum-Sturdy
Oil Co.
25783A-IN Regular Ethenol Paid by Check
# 100988
09/24/2022 10/04/2022 10/04/2022 10/14/2022 307.33
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 1 $307.33 Account 6400.800 - Material & Suppl Uniform
10043 - Aramark Uniform Service 5110088874 PW Uniforms Paid by Check # 100968
10/05/2022 10/06/2022 10/06/2022 10/14/2022 129.79
Account 6400.800 - Material & Suppl Uniform Totals Invoice Transactions 1 $129.79 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 12 $2,373.78 Division 311 - Buildings & Grounds Totals Invoice Transactions 12 $2,373.78 Division 313 - Vehicle Maint
Sub-Division 00 - Non-Subdiv
Account 6360.690 - Maint & Repairs Supplies
10825 - East Bay Tire Co. 1876007 Back Hoe Paid by Check # 100979
10/05/2022 10/10/2022 10/10/2022 10/14/2022 1,253.68
10465 - Pacific Smog 783 Smog Inspections Paid by Check # 100994
09/30/2022 10/06/2022 10/06/2022 10/14/2022 39.75
Account 6360.690 - Maint & Repairs Supplies Totals Invoice Transactions 2 $1,293.43 Account 6360.850 - Maint & Repairs Vehicle
10902 - Marina Collision Repair Inc. 12090 PD Paid by Check # 100985
09/28/2022 10/04/2022 10/04/2022 10/14/2022 111.90
10428 - Monterey Tire Service 1-108504 PD Paid by Check # 100991
09/28/2022 10/04/2022 10/04/2022 10/14/2022 25.73
10428 - Monterey Tire Service 1-108502 PD Paid by Check # 100991
09/28/2022 10/04/2022 10/04/2022 10/14/2022 933.49
10599 - Valley Saw & Garden Equipment 314748 Shop Small Tools Paid by Check # 101004
10/04/2022 10/04/2022 10/04/2022 10/14/2022 1,333.80
Account 6360.850 - Maint & Repairs Vehicle Totals Invoice Transactions 4 $2,404.92 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 6 $3,698.35 Division 313 - Vehicle Maint Totals Invoice Transactions 6 $3,698.35 Department 310 - Public Works Totals Invoice Transactions 18 $6,072.13 Run by Rogah Satof on 10/14/2022 11:36:04 AM Page 6 of 18 Accounts Payable by G/L Distribution Report
Payment Date Range 10/14/22 - 10/14/22
14 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 410 - Planning
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10416 - Monterey County Petroleum-Sturdy
Oil Co.
25783A-IN Regular Ethenol Paid by Check
# 100988
09/24/2022 10/04/2022 10/04/2022 10/14/2022 204.88
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 1 $204.88 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $204.88 Division 000 - Non-Div Totals Invoice Transactions 1 $204.88 Department 410 - Planning Totals Invoice Transactions 1 $204.88 Department 430 - Building Inspection
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.100 - Prof Svc Code Enforcement
11477 - Cheryl Kent - DBA Fastrac 2022-115 Code Enforcement Investigations
Paid by Check
# 101008
10/05/2022 10/06/2022 10/06/2022 10/14/2022 2,275.00
Account 6300.100 - Prof Svc Code Enforcement Totals Invoice Transactions 1 $2,275.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $2,275.00 Division 000 - Non-Div Totals Invoice Transactions 1 $2,275.00 Department 430 - Building Inspection Totals Invoice Transactions 1 $2,275.00 Department 510 - Recreation & Culture
Division 100 - Admin
Sub-Division 00 - Non-Subdiv
Account 6360.344 - Maint & Repairs IT - Office Equip & PC Upgrades 10153 - Comcast 09-14-22 Acc# 8155 10 029
0106172
Paid by Check
# 100976
09/14/2022 10/05/2022 10/05/2022 10/14/2022 187.22
Account 6360.344 - Maint & Repairs IT - Office Equip & PC Upgrades Totals Invoice Transactions 1 $187.22 Account 6360.360 - Maint & Repairs Janitorial
10080 - Branch's Janitorial 228476 Custodial Services for September 2022
Paid by Check
# 100971
09/23/2022 10/05/2022 10/05/2022 10/14/2022 2,059.47
Account 6360.360 - Maint & Repairs Janitorial Totals Invoice Transactions 1 $2,059.47 Account 6380.150 - Utilities Comm Phone System
10603 - Verizon Wireless 9916052796 Rec Dept Cell Phone Bills
Paid by Check
# 101006
09/17/2022 10/05/2022 10/05/2022 10/14/2022 203.72
Account 6380.150 - Utilities Comm Phone System Totals Invoice Transactions 1 $203.72 Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10416 - Monterey County Petroleum-Sturdy
Oil Co.
25783A-IN Regular Ethenol Paid by Check
# 100988
09/24/2022 10/04/2022 10/04/2022 10/14/2022 512.21
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 1 $512.21 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 4 $2,962.62 Division 100 - Admin Totals Invoice Transactions 4 $2,962.62 Run by Rogah Satof on 10/14/2022 11:36:04 AM Page 7 of 18 Accounts Payable by G/L Distribution Report
Payment Date Range 10/14/22 - 10/14/22
15 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 100 - General Fund
Department 510 - Recreation & Culture
Division 511 - Youth
Sub-Division 00 - Non-Subdiv
Account 6600.700 - Other Charges Refunds of Fees/Charges 11754 - Maria Gasca 09-24-22 vd Deposit Refund - Vince DiMaggio
Paid by Check
# 100984
09/24/2022 10/05/2022 10/05/2022 10/14/2022 10.00
Account 6600.700 - Other Charges Refunds of Fees/Charges Totals Invoice Transactions 1 $10.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $10.00 Division 511 - Youth Totals Invoice Transactions 1 $10.00 Division 512 - Teen
Sub-Division 00 - Non-Subdiv
Account 6400.658 - Material & Suppl Recr Teen Progr
10726 - Ace Hardware-Parks&Recreation 082959 hooks Paid by Check # 100964
09/03/2022 10/05/2022 10/05/2022 10/14/2022 16.33
10726 - Ace Hardware-Parks&Recreation 083116 chain Paid by Check # 100964
09/26/2022 10/05/2022 10/05/2022 10/14/2022 16.35
Account 6400.658 - Material & Suppl Recr Teen Progr Totals Invoice Transactions 2 $32.68 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $32.68 Division 512 - Teen Totals Invoice Transactions 2 $32.68 Division 514 - Sports
Sub-Division 00 - Non-Subdiv
Account 6400.656 - Material & Suppl Recr Sports Prog
10726 - Ace Hardware-Parks&Recreation 082998 hose adapter & mender Paid by Check # 100964
09/09/2022 10/05/2022 10/05/2022 10/14/2022 18.55
Account 6400.656 - Material & Suppl Recr Sports Prog Totals Invoice Transactions 1 $18.55 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $18.55 Division 514 - Sports Totals Invoice Transactions 1 $18.55 Department 510 - Recreation & Culture Totals Invoice Transactions 8 $3,023.85 Fund 100 - General Fund Totals Invoice Transactions 68 $77,284.08 Run by Rogah Satof on 10/14/2022 11:36:04 AM Page 8 of 18 Accounts Payable by G/L Distribution Report
Payment Date Range 10/14/22 - 10/14/22
16 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 110 - Vehicle and Equipment
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6600.450 - Other Charges Leases & Rents
11491 - Enterprise FM Trust - Fleet Lease
payments only
FBN4575674 Enterprise FM Trust:

Monthly Lease Charges
October 2022
Paid by EFT #
2615
10/05/2022 10/06/2022 10/06/2022 10/14/2022 64,447.50
Account 6600.450 - Other Charges Leases & Rents Totals Invoice Transactions 1 $64,447.50 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $64,447.50 Division 000 - Non-Div Totals Invoice Transactions 1 $64,447.50 Department 000 - Non-Dept Totals Invoice Transactions 1 $64,447.50 Fund 110 - Vehicle and Equipment Totals Invoice Transactions 1 $64,447.50 Run by Rogah Satof on 10/14/2022 11:36:04 AM Page 9 of 18 Accounts Payable by G/L Distribution Report
Payment Date Range 10/14/22 - 10/14/22
17 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 220 - Gas Tax
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6370.765 - Shared Svc TAMC-Congestion Mgt Plan
10579 - Transportation Agency of Monterey
County
CMA.22.23 Congestion Mgmt -
Local Agency
Contribution for FY 22-
23 Paid by Check
# 101001
10/04/2022 10/04/2022 10/04/2022 10/14/2022 8,068.00
Account 6370.765 - Shared Svc TAMC-Congestion Mgt Plan Totals Invoice Transactions 1 $8,068.00 Account 6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric 2023-00000354 PG&E 6793435313-6 Paid by Check # 100993
10/10/2022 10/10/2022 10/10/2022 10/14/2022 663.69
Account 6380.300 - Utilities Gas & Electric Totals Invoice Transactions 1 $663.69 Account 6400.155 - Material & Suppl Dump Fees
10427 - Monterey Regional Waste
Management District
3690767 Transient Camp Paid by Check
# 100990
10/05/2022 10/04/2022 10/04/2022 10/14/2022 34.30
Account 6400.155 - Material & Suppl Dump Fees Totals Invoice Transactions 1 $34.30 Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10416 - Monterey County Petroleum-Sturdy
Oil Co.
25783A-IN Regular Ethenol Paid by Check
# 100988
09/24/2022 10/04/2022 10/04/2022 10/14/2022 307.33
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 1 $307.33 Account 6400.733 - Material & Suppl Signs
10108 - Capitol Barricade, Inc. 146452 Ped Symbol Paid by Check # 100974
08/03/2022 10/06/2022 10/06/2022 10/14/2022 257.43
Account 6400.733 - Material & Suppl Signs Totals Invoice Transactions 1 $257.43 Account 6400.780 - Material & Suppl Traffic Signal
10728 - Ace Hardware-Public Works 083235 Traffic Signal Paid by Check # 100965
10/07/2022 10/06/2022 10/06/2022 10/14/2022 17.44
10728 - Ace Hardware-Public Works 083226 Traffic Signal Paid by Check # 100965
10/06/2022 10/06/2022 10/06/2022 10/14/2022 .79
10728 - Ace Hardware-Public Works 083221 Traffic Signal Paid by Check # 100965
10/06/2022 10/07/2022 10/07/2022 10/14/2022 14.71
Account 6400.780 - Material & Suppl Traffic Signal Totals Invoice Transactions 3 $32.94 Account 6400.800 - Material & Suppl Uniform
10043 - Aramark Uniform Service 5110088884 Shop Supplies Paid by Check # 100968
10/05/2022 10/06/2022 10/06/2022 10/14/2022 70.51
Account 6400.800 - Material & Suppl Uniform Totals Invoice Transactions 1 $70.51 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 9 $9,434.20 Division 000 - Non-Div Totals Invoice Transactions 9 $9,434.20 Department 000 - Non-Dept Totals Invoice Transactions 9 $9,434.20 Fund 220 - Gas Tax Totals Invoice Transactions 9 $9,434.20 Run by Rogah Satof on 10/14/2022 11:36:04 AM Page 10 of 18 Accounts Payable by G/L Distribution Report
Payment Date Range 10/14/22 - 10/14/22
18 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 223 - FORA Dissolution
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
11755 - Unlimited Environmental, Inc. 22-071-1 City Park Barrack & Cypress Knolls Building
Blight Removal
Paid by Check
# 101003
09/30/2022 10/05/2022 10/05/2022 10/14/2022 152,794.95
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 1 $152,794.95 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $152,794.95 Division 000 - Non-Div Totals Invoice Transactions 1 $152,794.95 Department 000 - Non-Dept Totals Invoice Transactions 1 $152,794.95 Fund 223 - FORA Dissolution Totals Invoice Transactions 1 $152,794.95 Run by Rogah Satof on 10/14/2022 11:36:04 AM Page 11 of 18 Accounts Payable by G/L Distribution Report
Payment Date Range 10/14/22 - 10/14/22
19 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 225 - National Park Service
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6380.500 - Utilities Water & Sewer
10432 - Monterey One Water - former
MRWPCA
13-000183
09302
4th Ave Dy Dr Paid by Check
# 100989
09/30/2022 10/07/2022 10/07/2022 10/14/2022 287.40
Account 6380.500 - Utilities Water & Sewer Totals Invoice Transactions 1 $287.40 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $287.40 Division 000 - Non-Div Totals Invoice Transactions 1 $287.40 Department 000 - Non-Dept Totals Invoice Transactions 1 $287.40 Fund 225 - National Park Service Totals Invoice Transactions 1 $287.40 Run by Rogah Satof on 10/14/2022 11:36:04 AM Page 12 of 18 Accounts Payable by G/L Distribution Report
Payment Date Range 10/14/22 - 10/14/22
20 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 233 - Monterey Bay Estates AD
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric 2023-00000354 PG&E 6793435313-6 Paid by Check # 100993
10/10/2022 10/10/2022 10/10/2022 10/14/2022 10.51
Account 6380.300 - Utilities Gas & Electric Totals Invoice Transactions 1 $10.51 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $10.51 Division 000 - Non-Div Totals Invoice Transactions 1 $10.51 Department 000 - Non-Dept Totals Invoice Transactions 1 $10.51 Fund 233 - Monterey Bay Estates AD Totals Invoice Transactions 1 $10.51 Run by Rogah Satof on 10/14/2022 11:36:04 AM Page 13 of 18 Accounts Payable by G/L Distribution Report
Payment Date Range 10/14/22 - 10/14/22
21 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 235 - Cypress Cove II AD
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6380.300 - Utilities Gas & Electric
10463 - Pacific Gas & Electric 2023-00000354 PG&E 6793435313-6 Paid by Check # 100993
10/10/2022 10/10/2022 10/10/2022 10/14/2022 10.73
Account 6380.300 - Utilities Gas & Electric Totals Invoice Transactions 1 $10.73 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $10.73 Division 000 - Non-Div Totals Invoice Transactions 1 $10.73 Department 000 - Non-Dept Totals Invoice Transactions 1 $10.73 Fund 235 - Cypress Cove II AD Totals Invoice Transactions 1 $10.73 Run by Rogah Satof on 10/14/2022 11:36:04 AM Page 14 of 18 Accounts Payable by G/L Distribution Report
Payment Date Range 10/14/22 - 10/14/22
22 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 422 - Capital Projects - Measure X
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
11037 - Don Chapin Company, Inc. 73631 Reservation Rd
Grind/Pave/Crackfill/Str
ipe
Paid by Check
# 100978
09/20/2022 10/10/2022 10/10/2022 10/14/2022 190,868.71
11489 - Wallace Group, Inc. 57381 Annual Resurfacing Paid by Check # 101007
10/07/2022 10/10/2022 10/10/2022 10/14/2022 1,112.25
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 2 $191,980.96 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 2 $191,980.96 Division 000 - Non-Div Totals Invoice Transactions 2 $191,980.96 Department 000 - Non-Dept Totals Invoice Transactions 2 $191,980.96 Fund 422 - Capital Projects - Measure X Totals Invoice Transactions 2 $191,980.96 Run by Rogah Satof on 10/14/2022 11:36:04 AM Page 15 of 18 Accounts Payable by G/L Distribution Report
Payment Date Range 10/14/22 - 10/14/22
23 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 460 - Airport Capital Projects
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
11489 - Wallace Group, Inc. 57503 Airport Project
Maintenance
Paid by Check
# 101007
10/07/2022 10/11/2022 10/11/2022 10/14/2022 228.00
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 1 $228.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 1 $228.00 Division 000 - Non-Div Totals Invoice Transactions 1 $228.00 Department 000 - Non-Dept Totals Invoice Transactions 1 $228.00 Fund 460 - Airport Capital Projects Totals Invoice Transactions 1 $228.00 Run by Rogah Satof on 10/14/2022 11:36:04 AM Page 16 of 18 Accounts Payable by G/L Distribution Report
Payment Date Range 10/14/22 - 10/14/22
24 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 462 - City Capital Projects
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
11266 - Verde Design, Inc. 2-2207300 Glorya Jean Tate Park Improvements Project
Paid by Check
# 101005
09/28/2022 10/04/2022 10/04/2022 10/14/2022 27,381.70
11266 - Verde Design, Inc. 2-2121701 Dunes Park
Development Project
Paid by Check
# 101005
10/05/2022 10/07/2022 10/07/2022 10/14/2022 12,276.75
11757 - Big Sur Land Trust CONS-1-2022 Imjin Parkway
Mitigation Project
Paid by Check
# 100970
10/06/2022 10/10/2022 10/10/2022 10/14/2022 1,000.00
10268 - Harris & Associates 54538 Imjin Parkway
Improvement Plan Pre-
Construction
Paid by Check
# 100982
10/07/2022 10/06/2022 10/06/2022 10/14/2022 3,199.65
11266 - Verde Design, Inc. 5-2121700 Dunes Park Rough
Grading Plan and Site
Survey
Paid by Check
# 101005
10/05/2022 10/06/2022 10/06/2022 10/14/2022 2,051.50
11489 - Wallace Group, Inc. 57464 Sea Haven City Park Paid by Check # 101007
10/07/2022 10/10/2022 10/10/2022 10/14/2022 4,636.77
11489 - Wallace Group, Inc. 57465 MLK Sculpture CDs Paid by Check # 101007
10/07/2022 10/10/2022 10/10/2022 10/14/2022 2,313.72
11489 - Wallace Group, Inc. 57440 Glorya Jean Tate Park Pump Track &
Restroom
Improvements
Paid by Check
# 101007
10/07/2022 10/10/2022 10/10/2022 10/14/2022 5,485.09
11489 - Wallace Group, Inc. 57386 Airport Fuel Farm
110LL Tank
Replacement
Paid by Check
# 101007
10/07/2022 10/10/2022 10/10/2022 10/14/2022 5,217.00
11489 - Wallace Group, Inc. 57380 California Avenue
Pedestrian Crossing
Paid by Check
# 101007
10/07/2022 10/10/2022 10/10/2022 10/14/2022 6,776.75
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 10 $70,338.93 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 10 $70,338.93 Division 000 - Non-Div Totals Invoice Transactions 10 $70,338.93 Department 000 - Non-Dept Totals Invoice Transactions 10 $70,338.93 Fund 462 - City Capital Projects Totals Invoice Transactions 10 $70,338.93 Run by Rogah Satof on 10/14/2022 11:36:04 AM Page 17 of 18 Accounts Payable by G/L Distribution Report
Payment Date Range 10/14/22 - 10/14/22
25 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 555 - Marina Airport
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6300.570 - Prof Svc Other
11489 - Wallace Group, Inc. 57503 Airport Project
Maintenance
Paid by Check
# 101007
10/07/2022 10/11/2022 10/11/2022 10/14/2022 7,231.50
Account 6300.570 - Prof Svc Other Totals Invoice Transactions 1 $7,231.50 Account 6380.500 - Utilities Water & Sewer
10432 - Monterey One Water - former
MRWPCA
13-000161
093022
761 Neeson Rd 524 Paid by Check
# 100989
09/30/2022 10/10/2022 10/10/2022 10/14/2022 220.40
10432 - Monterey One Water - former
MRWPCA
13-000152
093022
741 Neeson Rd 527 Paid by Check
# 100989
09/30/2022 10/10/2022 10/10/2022 10/14/2022 28.80
10432 - Monterey One Water - former
MRWPCA
13-000148
093022
781 Neeson Rd 520 Paid by Check
# 100989
09/30/2022 10/10/2022 10/10/2022 10/14/2022 47.90
10432 - Monterey One Water - former
MRWPCA
13-000149
093022
791 Neeson Rd Paid by Check
# 100989
09/30/2022 10/10/2022 10/10/2022 10/14/2022 28.80
10432 - Monterey One Water - former
MRWPCA
13-000153
093022
771 Neeson Rd 529 Paid by Check
# 100989
09/30/2022 10/10/2022 10/10/2022 10/14/2022 28.80
10432 - Monterey One Water - former
MRWPCA
13-000157
093022
721 Neeson Rd 533 Paid by Check
# 100989
09/30/2022 10/10/2022 10/10/2022 10/14/2022 191.60
10432 - Monterey One Water - former
MRWPCA
13-000158
093022
711 Neeson Rd 535 Paid by Check
# 100989
09/30/2022 10/10/2022 10/10/2022 10/14/2022 47.90
10432 - Monterey One Water - former
MRWPCA
13-000144
093022
3200 Imjin Rd 507 Paid by Check
# 100989
09/30/2022 10/10/2022 10/10/2022 10/14/2022 65.59
10432 - Monterey One Water - former
MRWPCA
13-000145
093022
3260 Imjin Rd 514 Paid by Check
# 100989
09/30/2022 10/10/2022 10/10/2022 10/14/2022 47.90
Account 6380.500 - Utilities Water & Sewer Totals Invoice Transactions 9 $707.69 Account 6400.230 - Material & Suppl Fuel - Gas and Diesel 10416 - Monterey County Petroleum-Sturdy
Oil Co.
25783A-IN Regular Ethenol Paid by Check
# 100988
09/24/2022 10/04/2022 10/04/2022 10/14/2022 307.33
Account 6400.230 - Material & Suppl Fuel - Gas and Diesel Totals Invoice Transactions 1 $307.33 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 11 $8,246.52 Division 000 - Non-Div Totals Invoice Transactions 11 $8,246.52 Department 000 - Non-Dept Totals Invoice Transactions 11 $8,246.52 Fund 555 - Marina Airport Totals Invoice Transactions 11 $8,246.52 Grand Totals Invoice Transactions 106 $575,063.78
Run by Rogah Satof on 10/14/2022 11:36:04 AM Page 18 of 18 Accounts Payable by G/L Distribution Report
Payment Date Range 10/14/22 - 10/14/22
26 Vendor Invoice No. Invoice Description Status Held Reason Invoice Date Due Date G/L Date Received Date Payment Date Invoice Amount Fund 758 - Successor Agency Oblig Retiremt
Department 000 - Non-Dept
Division 000 - Non-Div
Sub-Division 00 - Non-Subdiv
Account 6650.001 - ROPS #1- Neeson Rd Tax Alloc Bond
10593 - USDA Rural Development 11-02-22 Case #04-027-
0942321991
Paid by Check
# 98
10/03/2022 10/03/2022 10/03/2022 10/14/2022 37,599.99
Account 6650.001 - ROPS #1- Neeson Rd Tax Alloc Bond Totals Invoice Transactions 1 $37,599.99 Account 6650.010 - ROPS #10-Financial, RE Advisory Svc
10948 - Applied Best Practices 27305 MARINA:AB15139b Paid by Check # 95
06/08/2022 10/05/2022 10/05/2022 10/14/2022 250.00
Account 6650.010 - ROPS #10-Financial, RE Advisory Svc Totals Invoice Transactions 1 $250.00 Account 6650.019 - ROPS #19- Accounting Services
10315 - Keyser Marston Associates 0037217 September Professional Service Fees
Paid by Check
# 96
10/05/2022 10/05/2022 10/05/2022 10/14/2022 13,606.25
Account 6650.019 - ROPS #19- Accounting Services Totals Invoice Transactions 1 $13,606.25 Account 6650.039 - ROPS #39-Bond Trustee Fees
11250 - U.S. Bank 6674082 Trustee Fees-Series
2020A & 2020B
Paid by Check
# 97
10/07/2022 10/07/2022 10/07/2022 10/14/2022 3,000.00
Account 6650.039 - ROPS #39-Bond Trustee Fees Totals Invoice Transactions 1 $3,000.00 Sub-Division 00 - Non-Subdiv Totals Invoice Transactions 4 $54,456.24 Division 000 - Non-Div Totals Invoice Transactions 4 $54,456.24 Department 000 - Non-Dept Totals Invoice Transactions 4 $54,456.24 Fund 758 - Successor Agency Oblig Retiremt Totals Invoice Transactions 4 $54,456.24 Grand Totals Invoice Transactions 4 $54,456.24
Run by Rogah Satof on 10/14/2022 11:33:11 AM Page 1 of 1 Accounts Payable by G/L Distribution Report
Payment Date Range 10/14/22 - 10/14/22
27 8c(1)
October 18, 2022

July 7, 2022 Item No. 8f(1)

Honorable Mayor and Members City Council Meeting
of the Marina City Council of October 18, 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 OCTOBER 21, 2022, THROUGH NOVEMBER 19 , 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 October 21, 2022, through November 19, 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, on September 7, 2022 Resolution No. 2022-110, 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 October 20, 2022.

1 ANALYSIS:

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

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

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

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

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

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

A local agency that holds a meeting under any of these circumstances would be required to follow certain requirements listed in the attached Resolution, in addition to giving notice 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 emerge ncies by allowing broader access through teleconferencing options. The current version of Government Code §54953 became effective on September 16, 2021, with a sunset of the present version on January 1, 2024.

FISCAL IMPACT:

None identified.

2 CONCLUSION:

This request is submitted for City Council consideration and possible adoption of a resolution proclaiming a local emergency persists, re -ratifying the proclamation of a state of emergency by Governor Newsom on March 4, 2020, and re-authorizing remote teleconference meetings of the City Council of the City of Marina and its constituent bodies for the period October 21, 2022, through November 19, 2022, pursuant to Brown Act provisions.

Respectfully submitted,

___________________________
Layne Long
City Manager
City of Marina

3 RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA RECOGNIZING A

LOCAL EMERGENCY PERSISTS, RE-RATIFYING THE PROCLAMATION OF A STATE OF EMERGENCY BY GOVERNOR NEWSOM ON MARCH 4, 2020, AND RE -AUTHORIZING

REMOTE TELECONFERENCE MEETINGS OF THE CITY COUNCIL OF THE CITY OF MARINA AND ITS CONSTITUENT BODIES FOR THE PERIOD OCTOBER 21, 2022, THROUGH NOVEMBER 19, 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 Reso lution 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; on September 7, 2022 Resolution No. 2022 -110, 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 October 20, 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 1 7, 2020, and after having been supplemented twice, and both proclamations of states of emergency remain in effect; and
4 Resolution No. 2022-
Page Two

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

WHEREAS, the City Council does hereby find that California and Monterey County are presently continuing to experience cases of the rapidly-spreading COVID-19 Omicron variant and as of June 13, 2022, the federal Centers for Disease Control and Prevention rated the risk level for community transmission of COVID-19 in Monterey County as medium with a case rate of 29.9 individuals per 100,000 persons, as of June 13, 2022, a total of 750 persons have died of COVID-19 and 367 persons are reported as new cases currently suffering from COVID-19 with 27 persons reported hospitalized in Monterey County by the County Health Department; this situation has and will continue to cause, conditions of peril to the safety of persons within the City that are likely to be beyond the control of services, personnel, equipment, and facilities of the City, and desires to recognize and affirm a local emergency exists and re-ratify the proclamation of state of emergency by the Governor of the State of California and to recognize the County of Monterey Health Department’s recommendation regarding social distancing; and

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

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

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

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

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

● Stop the meeting until public access is restored in the event of a service disruption that either prevents the local agency from broadcas ting the meeting to the public using the call -in or internet - based service option or is within the local agency’s control and prevents the public from submitting public comments (any action taken during such a service disruption could be challenged under t he Brown Act’s existing challenger provisions).

5 Resolution No. 2022-
Page Three

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

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

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

NOW, THEREFORE, THE C ITY 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) November 19, 2022, or such time the City Council adopts a subsequent resolution in accordance with Government Code section 54953(e)(3) to extend the time during which the City Council of the City of Marina and its constituent bodies may continue to teleconference without compliance with paragraph (3) of subdivision (b) of section 54953.

6 Resolution No. 2022-
Page Four

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting held this 18th day of October 2022, by the following vote:

AYES, COUNCIL MEMBERS:

NOES, COUNCIL MEMBERS:

ABSENT, COUNCIL MEMBERS:

ABSTAIN, COUNCIL MEMBERS:

___________________________
Bruce C. Delgado, Mayor

ATTEST:

_____________________
Anita Sharp, Deputy City Clerk

7 ATTACHMENT 1
8 October 10, 2022 Item No. 8f(2)
Honorable Mayor and Members City Council Meeting
of the Marina City Council of September 7, 2022
CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2022-,

APPROVING THE SALARY RANGE ADJUSTMENT FOR SENIOR

BUILDING INSPECTOR AND AUTHORIZE THE FINANCE DIRECTOR

TO MAKE APPROPRIATE BUDGETARY AMENDMENTS TO BUDGET
REQUEST:

It is requested that the City Council consider:

1. Adopting Resolution No. 2022- approving the salary range adjustment for Senior Building Inspector and

2. Authorize Finance Director to make appropriate budgetary amendments.

BACKGROUND
The city has a Classification and Compensation Plan that establishes salary ranges and salary steps or rates of pay for each classification in the city. The purpose of the Compensation Plan is to provide equitable and competitive compensation for all employees in accordance with approved compensation policies and practices.

In order to attract and retain qualified personnel at all levels of the organization and to motivate a high performing workforce, the City of Marina establishes and maintains fair, uniform, and competitive salary ranges. These ranges are consistent with the economic constraint of the City and the labor market in which we compete while also retaining internal equity with other classification. In establishing salary ranges, the City generally targets at being in the middle of our competitive job market. The City’s competitive labor market area includes but is not necessarily limited to the following cities: Seaside, Salinas, Monterey, Pacific Grove, Hollister, Gilroy, San Luis Obispo, Watsonville and Santa Cruz.

ANALYSIS
The City’s current Classification Plan includes the position of a Senior Building Inspector.

However, this position has not been funded and has been vacant for a while. In the recently adopted 2021-2022 Budget, the City Council approved funding for the Senior Building Inspector position.

Since the position has been vacant for a while, the Senior Building Inspector classification has not been surveyed as part of the normal salary surveys that are conducted regularly. Before recruiting for this position, the City has conducted a salary survey and determined that the Senior Building Inspector positions needs to be increased by 3.5% to move it towards the middle of our competitive job market.

The following table summarizes the proposed salary range adjustments that are proposed for the position
Classification Annual Current Salary
Range
Annual Proposed Salary
Range
Senior Building Inspector $74,950-$91,102 $77,521-$94,227 1 FISCAL IMPACT
The proposed Senior Building Inspector salary range adjustment can be funded within the existing approved budget.

Respectfully submitted,

Matt Mogensen
Assistant City Manager
City of Marina

REVIEWED/CONCUR:

Layne Long
City Manager
City of Marina

2 RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA

APPROVING THE SALARY RANGE ADJUSTMENT FOR SENIOR BUILDING

INSPECTOR AND AUTHORIZE THE FINANCE DIRECTOR TO MAKE

APPROPRIATE BUDGETARY AMENDMENTS TO BUDGET

WHEREAS, in the 2021 -2022 fiscal year budget, the City Council approved the funding for the Classification of Senior Building Inspector; and

WHEREAS, the City’s Personnel Manual under Section 8 Compensation and Salary Administration provides for the establishment of a Classification Plan and a Compensation Plan; and

WHEREAS, the Compensation Plan establishes the salary range and salary steps or rates of pay for each classification in the City. The purpose of the Compensation Plan is to provide equitable and competitive compensation for all employees in accordance with approved compensation policies and practices.

The Personnel Officer shall administer the compensation plan for all city employees, except for the City Manager which is administered by the City Council. If a salary review indicates that there should be adjustments in the Compensation Plan, the Personnel Officer shall make appropriate recommendations to the City Council; and

WHEREAS, the proposed salary adjustment will change the annual salary range as demonstrated in the table below:

Classification Annual Current Salary Range Annual Proposed Salary Range Senior Building Inspector $74,950-$91,102 $77,521-$94,227

WHEREAS, the fiscal impact of the proposed change is approximately $122,000 annually for in additional salary and employer benefit costs.

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

1. Adopting Resolution No. 2022- approving the salary range adjustment for Senior Building Inspector.

2. Authorize Finance Director to make appropriate budgetary amendments.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on this 18th day of October 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 October 11, 2022 Item No: 8g(1)

Honorable Mayor and Members City Council Meeting
of the Marina City Council of October 18, 2022

CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 20 22-

AUTHORIZING STAFF TO ENTER INTO AN AGREEMENT ON BEHALF OF THE CITY OF MARINA WITH BIRD , INC. NECESSARY TO ALLOW

SCOOTERS TO BE USED WITHIN THE JURISDICTION AND TO EXECUTE AN ENCROACHMENT PERMIT.

REQUEST
It is requested that City Council consider

1. Adopting Reso lution No. 20 22- authorizing staff t o work w ith B ird, I nc. to implement the deployment and authorize the City Manager to execute a Shared Mobility Agreement , an encroachment permit with a fee agreement , and amendments necessary to implement a Shared Mobility Device Services program in Marina.

BACKGROUND
On February 11, 2022, the Bird Rides, Inc. (the “Company”) contacted City of Marina (“City”) Staff regarding bringing electric scooters to Marina.

On August 26, 2022, B ird notified the City that they reached a tentative agreement to bring electric scooters to California State University Monterey Bay (CSUMB).

The City Council is asked to approve the C ity Manager to sign a Shared Mobility Devi ce Service agreement with Bird Rides, Inc (“EXHIBIT A”) with an encroachment permit with a fee agreement to be executed by Public Works Director or their designee.

ANALYSIS
The Company is proposing to bring stand-up electric scooters to the City of Marina. Multiple attempts to bring stand-alone electric scooters to the City of Marina and CSUMB have not been successful. One of the key differences that Bird believes that this deployment will be successful is that they are waiting to deploy scooters in either location until both agencies have reached an agree ment. This is advantageous for the City, because it will create a nother form of transportation between the campus and the City of Marina.

Another important aspect of the agreement is that t he fleet will be managed by a fleet manager who is responsible for maintaining and managing the fleet of scooters within the City. Th e fleet manager will be picking them u p, charging and repairing them and then putting them back in strategic locations.

During business hours (8:00 am to 6:00 pm) the fleet manag er will have a minimum four (4) hou r response time for calls for service and City Staff can escalate that for high priority issues to a two (2) hour response. For any issues that are not addressed within the response time, City staff ’s time will be covered by an Encroachment Permit.

The consulting Attorney for this project is previous City Attorney Robert Rathie. He has been involved in the details of the contract language including ensuring that the indemnification agreement and the insurance coverage are sufficient for the City of Marina. Under Assembly Bill (AB) 1286 (September 2020), required insurance coverage for shared mobility devices to operate in cities is set to a minimum of one million dollars ($1,000,000) for each occurrence and not less than five million dollars ($5,000,000) aggregate for all occurrences . In negotiating the cont ract, the Company agreed to Robert’s proposal to bring this up to two million dollars ($2,000,000) for each occurrence, five million dollars ( $5,000,000) aggregate and to include five million dollar s ( $5,000,000) umbrella insurance. 1 Further, Robert consulted with Monterey Bay Area Self Insurance Authority (MBASIA) regarding the insurance amount and our consultant agreed that the insurance amount that the Company has agreed to provide is sufficient.

Shared mobility devices such as these electric scooters help with last mile transportation for citizens who use public transportation, and they will help cut dow n on carbon emissions within the city.

Further, alternative transportation modes such as th ese will benefit the City for Planning P rojects to prove we are working on reducing Vehicle Miles Travelled (VMT).

FISCAL IMPACT
If the resolution is adopted, then the City shall enter into a f ee agreement with the Company that will result in all staff time to be 100% cost recovery as required in Marina Municipal Code Chapter 3.24.

ENVIRONMENTAL DETERMINATION
The City of Marina determin ed that the proposed action is not a project as defined by the California Environmental Quality Act (CEQA) (CCR, Title 14, Chapter 3 (“C EQA Guidelines), Article 20, Section 15378).

CONCLUSION:

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

Respectfully submitted,

_____________________________
Nicholas McIlroy
Associate Planner
Community Development Department
City of Marina

REVIEWED/CONCUR:

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

_____________________________
Layne P. Long
City Manager
City of Marina

2 RESOLUTION NO. 2022-

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

TO ENTER INTO AN AGREEMENT ON BEHALF OF THE CITY OF MARINA WITH BIRD, INC. NECESSARY TO ALLOW SCOOTERS T O BE USED WITHIN THE JURISDICTION AND TO EXECUTE AN ENCROACHMENT PERMIT.

WHEREAS, on February 11, 2022, the Bird Rides, Inc. (the “Company”) contacted City of Marina (“City”) Staff regarding bringing electric scooters to Marina.

WHEREAS, on August 26, 2022, Bird notified the City that they reached a tentative agreement to bring electric scooters to California State University Monterey Bay (CSUMB).

WHEREAS the City Council approves the City Manager to sign a Shared Mobility Devi ce Service agreement with Bird Rides, I nc (“EXHBIT A ” to the resolution) , an encroachme nt permit with a fee agree ment, and amendments necessary to implement a Shared Mobility Device Services program in Marina.

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

1. Directs City of Marina staff to enter into a Shared Mobility Device Service agreement on behalf of the City of Marina with Bird Rides, Inc (“EXHIBIT A”); and

2. Authorizes the City Manager to execute, in the name of the City of Marin a, all necessary applications, contracts and agreements and amendments there to to implement and carry out the shared mobility agreement attached hereto, and any encroachment permit required through approval of the agreement.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 18th day of October 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

SHARED MOBILITY DEVICE SERVICES BETWEEN

THE CITY OF MARINA AND BIRD
The Shared Mobility Device Services Agreement (“Agreement”) is made on _____________, 2022, by and between the CITY OF MARINA, a municipal corporation (“City”) located at 211 Hillcrest Avenue Marina, CA (the “City”) and BIRD RIDES, Inc., located at 406 Broadway #369 Santa Monica, CA 90401 ( the “Company”) to provide services under the following terms and limitations. This agreement shall remain in eﬀect for 12 months and may be renewed unless either party provides written notice to the other of its intention not to renew at least ninety (90) days prior to the end of the then-current term, or unless terminated as set forth below. City and Company are sometimes referred to in the singular as a “Party” and jointly as the “Parties.”

RECITALS

1. City seeks by this Agreement to implement a 12-month pilot program for a dockless stand- up electric scooter sharing systems program.

2. Company proposes to operate a shared mobility program within the City.

3. Company will abide by all City ordinances and rules governing the use of public right-of- way to provide efficient and effective electric scooter sharing systems.

4. Company will provide electric scooter sharing systems, which collectively will be referred to as the "fleet".

5. All Company fleet devices have GPS, 3G, and self-locking technology, such that the electric-assist scooters may be locked and tracked and opened by users with a phone application.

In consideration of the mutual covenants and representations set forth in this Agreement, City and Company hereby agree to launch an electric scooter sharing system program, with renewals every 12 months.

AGREEMENT
1) Scope: This Agreement and its terms apply to any proposed deployment of Stand -up electric scooter sharing systems within City jurisdictional boundaries. The City agrees that Company may utilize the City Right of Way to provide shared mobility services within the City. The term Right of Way ("ROW") refers to public sidewalks, public roads, other public pathways, City-owned parking lots, and parks owned and maintained by the City for a term of up to twelve (12) months, which may be amended or extended in wri ting, by mutual agreement to address any issues and modifications raised during the pilot term. This is a non-exclusive agreement and City reserves the right to issue business licenses and to enter into similar agreements in furtherance of implementation o f a pilot program for dockless shared mobility devices to other businesses providing shared mobility devices during the term of this Agreement.
4 2

2) Both parties agree to meet after three (3) months to meet and review the operating agreement between the City, and the Company. At this time, the City can bring up any issues that need to be addressed and the City and the Company can add an addendum to the Agreement as needed.

3) Except as otherwise provided herein, City shall regulate the operation of Stand-up electric scooters in a manner no more restrictive than City’s regulation of bicycles. Stand-up electric scooters are to be ridden on streets, and where available, in bike lanes and bike paths. Stand- up electric scooters are to stay to the right of street lanes and to oﬀer the right of way to bicycles in bike lanes and on bike paths. Users of Stand -up electric scooters shall be 18 years of age or older. Users of Stand-up electric scooters who violate these provisions may be ﬁned by City consistent with ﬁnes for cyclists.

4) Use of City ROW. City authorizes the Company to use the public ROW solely for the purposes of maintaining and offering its stand-up scooter fleet for a shared mobility program within the City. Authority to utilize the City ROW for this fleet is dependent on the Company’s compliance with all terms of this Agreement, the California Vehicle Code, and the City’s Municipal Code. The rights described in this Agreement do not constitute a lease or an easement and shall not transfer any real property interest in City property.

a. This Agreement only applies to operations within the City of Marina ROW as defined herein. Additional operational areas may be established, for example, locations on private properties and transit stations. Prior written consent of the property owner shall be obtained by the Company.

5) Permitted Use. Company may use the ROW for parking of the fleet that is owned and maintained by Company for use in the shared mobility program. For purposes of this Agreement, the term ROW refers to hard-surfaced areas owned and maintained by the City.

Company shall not place or attach any personal property, fixtures, or structures to ROW without the prior written consent of City.

a. It is Company’s duty under this Agreement to ensure that use of the ROW and Company’s operations within the City shall not: a) adversely affect ROW or the City's streets, or sidewalks; and b) adversely affect the property of any third parties located within the ROW ; and c) impede or inhibit pedestrian movement or accessibility within the public way or along other property or rights -of way owned or controlled by the City; or d) create conditions which are a threat to public safety and security. b. Upon termination of this Agreement by either Party, Company shall, at its sole cost and expense, immediately remove its fleet and any other property from the City ROW.

5 3

6) Fleet. The fleet provided by Company shall meet all applicable safety standards and requirements in the California Vehicle Code, including lights and reflectors, and be well - maintained and in good and safe riding condition.

a. A maximum of 100 deployed and properly maintained electric scooters should be in service in any calendar month. At the discretion of the City, the maximum number of deployed devices may be dynamically managed. The goal of the fleet shall be to average 2 rides per vehicle over a 30-day period. The maximum number of deployed shared mobility devices can be increased or decreased with prior notice to the City based upon the last 30-days’ data demonstrating fleet performance against this average 2 riders per day standard. To increase the fleet above 100 devices, the previous 30-day period must demonstrate a minimum average usage of 2 rides per day.

7) Fees. Company, and all independent contractors (Fleet Managers) working for Company in the City of Marina, shall submit to the City the applicable business licensing fees as set forth in Chapter 5.20 of the City of Marina Municipal Code.

8) Administrative Cost Recovery. This Agreement is contingent upon an active encroachment permit being obtained, and maintained in good standing at all times, by the Company from the City’s Public Works Department. This must be renewed on a regular basis as agreed upon with the Direct or of Public Works. Company will remit payment based on the average number of deployed vehicles in the public right of way over a time. This cost recovery is intended to fully reimburse ongoing City administration costs of implementing and enforcing this Agreement.

9) Fleet Parking. Company and the City may collaboratively identify designated parking areas to station fleet devices and corral and rebalance the fleet as needed. Company and the City may pre-designate fleet parking zones for staging the fleet f or public use ("Home Zones").

The Home Zones will be identified on the up -to-date application map maintained by Company and available for viewing by the City at all times. The City will work in good faith with Company to determine and locate stations so as to be convenient for public access. Fleet may only be parked in a legal manner in the ROW by individuals participating in the shared mobility program. Electric scooters parked on private property will be allowed at the discretion of the private property o wner but may be subject to approval of the City’s Community Development Department. Company will actively manage its fleet to ensure orderly parking and the free and unobstructed use of the ROW.

a. Stand up electric scooters in the fleet shall be restricted to the following parking zones on the ROW:
i. Fleet can only be parked on hard surfaces (e.g. concrete, asphalt, compacted soil) 6 4

and shall stand upright when parked.
ii. Fleet shall not be parked in zones adjacent to or in any way blocking loading zones, passe nger loading zones, disabled parking zones, automobile street parking spaces, curb ramps, entryways, driveways, and street furniture and pathways that require pedestrian access (e.g. benches, play structures). iii. Shared mobility devices shall not be deployed or parked at the corners of sidewalks nor within any crosswalk, curb ramp, or within a feature that serves as an accessible element such as landings, areas of refuge, detectable warning surfaces, bus bench access, bus stop access, or any other physical fe ature that may be require for mobility. Devices shall not be deployed or parked within 5 feet of a street corner pedestrian ramp.
iv. Shared mobility devices parked in residential areas that do not impede pedestrian travel will be allowed to remain in place.
b. Company shall inform users of devices and its Fleet Managers responsible for deploying its fleet as to how to park or deploy the fleet correctly. Company shall inform the City as to how it plans to incentivize device users and Fleet Managers responsible for deploying the fleet to park or deploy shared mobility devices safety and correctly. Company will be responsible for payment of fees and disincentives for any scooters not parked in accordance with Section 9.a. above. c. Company shall require shared mobility device users to take and submit a photo of the parked device via the mobile application at the end of a ride. Company shall monitor the submitted photos and take prompt actions to address shared mobility device parking violations.

10) Maintenance and Care of ROW. Company expressly agrees to repair, replace or otherwise restore any part or item of real or personal property that is damaged, lost or destroyed as a result of Company’s use of ROW. Should Company fail to repair, replace, or otherwise restore such real or personal property, Company expressly agree s to pay City's costs, including reasonable administrative fees, in making such repairs, replacements, or restorations.

11) Company shall provide easily visible contact information, including toll -free phone number and/or e-mail address on each Stand-up electric scooter for members of the public to make relocation requests or to report other issues with devices.

12) Safety Education and Customer Communication. Company shall provide education to stand-up electric scooter riders on the City’s existing rules and reg ulations, safe and courteous riding, and proper parking. Company shall:
• Educate users regarding laws applicable to riding and operating stand up electric scooters including wearing a helmet as necessary.
• Notify customers that rider shall yield to pedestrians on sidewalks. 7 5

• Instruct customers on how to park fleet devices legally and properly. • Make available parking instruction materials that will be available on the fleet, the app and as outreach materials for distribution.
• Provide a mechanism for customers to easily and quickly notify the company of any problems with the stand -up electronic s cooters, including providing a phone number clearly posted on all fleet and available on the mobile application and website. • Maintain a customer service phone number for customers to report safety concerns, complaints, or ask questions. This service phone number must be posted on all deployed fleet and on website and mobile application.
• Will be responsible and accountable for any fleet safety equipment distributed to users, such as helmets and other accessories.
• Engage with California State University at Monterey Bay, and possibly other schools, districts and institutions on fleet device safety.

13) Data Sharing and Required Reports. Company will provide data to City as necessary to assist with monitoring program usage. Company shall provide City staff acce ss to, and maintain, a real time dashboard that monitors the fleet. Company shall ensure the dashboard has the capability of providing monthly reports to the City concerning utilization of the fleet and the fleet route usage and shall cooperate with the City in the collection and analysis of aggregated data concerning its operations. Said dashboard shall provide the following real-time data at a minimum.

• Heat map of rider usage;
• Total number of rides per day per device;
• Total riders, including unique riders;
• Average trip time;
• Average trip distance;
• Peak hours of use; and
• Fleet distribution and in service.

In addition to the dashboard data, Company shall also provide quarterly reports that provide the following information at a minimum.

• Total number of reported complaints and damage and response time; and • Number of outreach and safety activities in Marina.

Reports shall be public records as defined in the California Public Records Act.

14) Fines and Penalties. Company shall be responsible for administrative fines assessed pursuant to Chapter 1.12 of the City of Marina Municipal Code because of Company devices being deployed by its representatives or parked by its users in the ROW in manner 8 6

that is inconsistent w ith the parking requirements of item 9.a. Should a shared mobility device not be relocated, re-parked, rebalanced or removed within the Response Time listed below, the device may be impounded by the City or its agents and taken to a City facility for storage at the expense of the Company.

15) Response Time. Company agrees to a minimum four (4) hour response time for standard calls for service from the City or the community within business hours defined as 8 :00 AM to 6:00 PM. The City staff shall have the ability to report high priority issues with a minimum two (2) hour response time within business hours.

16) Compliance with All Laws. Company at its own cost and expense must abide by all statutes, ordinances, regulations, and requirements of all governmental entities applicable to its use of the ROW and the operation of this shared mobility pilot program, including but not limited to laws governing operation of electric scooters. If any license, permit, or other governmental authorization is required for Company’s lawful use or occupancy of ROW or any portion thereof, Company shall procure and maintain such license, permit and/or governmental authorization at or prior to the inception and throughout the term of this Agreement.

17) Indemniﬁcation:
a. Company and City agree that the City, its Council, boards and commissions, officers, employees, agents, and volunteers should, to the extent permitted by applicable law in effect on or validly retroactive to the date first written above, be fully protected fr om any loss, injury, damage, claim, lawsuits, cost, expense, attorney’s fees, litigation costs, defense costs, court costs or any other cost arising out of or in any way related to the activities authorized by this Agreement including, but not limited to, Company’s use of facilities or equipment provided by the City or others and claims brought by customers of Company, regardless of the negligence of and regardless of whether liability without fault is imposed or sought to be imposed on the City, whether ar ising directly or indirectly, arising out of or connected in any way with the shared mobility device program or services provided for herein by the Company (including its officers, managers, employees, agents and volunteers). Accordingly, the provisions o f this indemnity provision are intended by the Parties to be interpreted and construed to provide the fullest protection possible under the law to the City. Company acknowledges that City would not enter this Agreement in the absence of the commitment from Company to indemnify and protect City as set forth herein.

To the full extent permitted by law, Company shall defend, indemnify, and hold harmless City, its Council, boards and commissions, officers, employees, agents, and volunteers from any liability, claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged, or threatened, actual attorney fees incurred by City, court costs, interest, defense costs including expert witness fees, infringement of patent, copyright or any other proprietary right or trademark, and any other costs or expenses of any kind whatsoever without restriction or limitation incurred in relation to, as a 9 7

consequence of, or arising out of or in any way attributable actually, allegedly, or impliedly, in whole or in part, to the activities associated with this Agreement including any bodily injury including death or damage to property arising out of or in connection with any use, misu se, placement or misplacement, including but not limited to placement or misplacement resulting in alleged violations of the Americans with Disabilities Act (ADA), of Company’s devices, property or equipment by any person.

All obligations under this provision are to be paid by the Company as they are incurred by the City.

Without affecting the rights of the City under any provision of law, this Agreement, or this section Company shall not be required to indemnify and hold harmless City for liability as set forth above to the extent that loss, damage, injury, or liability results from the gross negligence or willful misconduct of City, its Council, boards and commissions, officers employees, agents and volunteers and is not contributed to by any act of or by any omission of Company including its officers, managers, employees, agents and volunteers to perform some duty imposed by law or agreement on Company, provided the City’s gross negligence or willful misconduct is determined by written agreement of the parties or the findings of a court of competent jurisdiction. This exception will apply only in instances where the City is shown to have been grossly negligent or to have engaged in willful misconduct and not in instances where Company (including its officers, managers, employees, agents, and volunteers) is solely or partially at fault and where City’ is not grossly negligent or did not engage in willful misconduct. In those instances, the obligation of Company will be all inclusive and City will be indemnified for all liability incurred, even though a percentage of the liability is attributable to conduct of the City.

The obligations of Company under this or any other provision of this Agreement will not be limited by the insurance provisions of this Agreeme nt or the provisions of any workers’ compensation act or similar act. Company expressly waives its statutory immunity under such statutes or laws as to City, its Council, boards and commissions, officers, employees, agents, and volunteers.

Failure of the 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. This obligation to indemnify and defend City as set forth herein is binding on the successors, assigns, or heirs of Company and shall survive the termination of this Agreement or this section.
b. If any action or proceeding is brought against any indemnified party by reason of any of the matters against which the Company has agreed to defend the indemnified p arty, as provided above, Company, upon notice from the City, shall have an independent obligation to immediately defend any indemnified Party at Company'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.
10 8

c. The review, acceptance or approval of the Company’s work or services by any indemnified party shall not affect, relieve, or reduce the Company’s indemnification or defense obligations.
18) Non-assignability. Both parties hereto recognize that this Agreement is for the personal services of Company or a wholly owned subsidiary of the Company and cannot be transferred, assigned, or subcontracted by Company without the prior written consent of City.

19) Waivers. The waiver by either party of any breach or violation of any term, covenant, or condition of this Agreement or of any provisions of any o rdinance or law shall not be deemed to be a subsequent waiver of such term, covenant, condition, ordinance or law or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance or law. The subsequent acceptance by either party of any consideration which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this Agreement or of any applicable law or ordinance.

20) Insurance. As a condition precedent to the effectiveness of this Agreement and without limiting Company's indemnification of the City, Company agrees to obtain and maintain in full force and effect at its own expense the insurance policies set forth in Exhibit “A” “Insurance” attached hereto and made a part hereof.

21) Fleet Manager. The parties acknowledge that Company may subcontract with independent business logistics providers to facilitate local operations. The parties further acknowledge that Company may perform any or all the services contemplated hereunder, including the owning and/or operation of Stand-up electric scooters in City, through one or more of its wholly owned subsidiaries. Company's use of these logistics providers or performance through its wholly owned subsidiaries does not constitute a transfer or assignment of this Agreement, and Company remains responsible for all obligations and requirements under this Agreement. A physical inspection of the home or base of operations of the Fleet Manager’s area for charging scooters will be required if the fleet is located within the City of Marina. This inspection will be required for all new Fleet Managers as part of their Business License application.

22) Attorney Fees. In the event it should become necessary for either party to enforce or interpret any of the terms and conditions of this Agreement by means of court action or administrative enforcement the laws of the State of California shall govern the interpretation of the terms and conditions of this Agreement and such action shall be brought in a court of proper jurisdiction in Monterey County, the prevailing party, in addition to any other remedy at law or in equity available to such party, shall be awarded all reasonable costs and reasonable 11 9

attorney's fees in connection therewith, including the fees and costs of experts reasonable consulted by the attorneys for the prevailing party.

23) Non-discrimination. Company warrants that it is an Equal Opportunity Employer and shall comply with applicable regulations governing equal employment opportunity. Neither Company nor any of its subcontractors shall discriminate in the employm ent of any person because of race, color, national origin, ancestry, physical handicap, medical condition, marital status, sex, or age, unless based upon a bona fide occupational qualification pursuant to the California Fair Employment and Housing Act.
24) Term. This agreement shall commence on ________ 2022, (the “Commencement Date”) and shall expire twelve (12) months after the Commencement Date, unless earlier terminated or extended pursuant to termination clause below.

25) Termination. Either party may terminate this Agreement upon (30) thirty days prior written notice for any of the following conditions:
a. Non-performance of this Agreement;
b. Public health and safety reasons;
c. If the services or operations hereunder become operationally impracticable; or d. An attempt to transfer or assign this Agreement.

Company may terminate this Agreement at any time prior to the expiration date set forth in section 24 above, however, Company shall not terminate this Agreement without first giving at least 30 days' written notice of termination. Upon the effective date o f termination of this Agreement, Company shall remove all fleet devices from the City and restore the ROW to the condition of the ROW at the Commencement Date of this Agreement.

26) Independent contractors. In carrying out their responsibilities, the Parties shall remain independent contractors, and nothing herein shall be interpreted or intended to create a partnership, joint venture, employment, agency, franchise or other form of joint relationship.

27) Notices. All notices and communications to the City from Company shall be made in writing and sent to the address below. All notices and communication to the Company shall be made in writing and sent to the address given in the Preamble.

28) Amendment. This Agreement may be amended by mutual agreement of the parties. Such amendments shall only be effective if incorporated in written amendments to this Agreement and executed by duly authorized representatives of the parties.

12 10

29) Applicable law and Venue. The laws of California shall govern the interpretation and enforcement of this Agreement. Venue shall be in Monterey County Superior Court.

30) Counterparts. This Agreement may be executed simultaneously or in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement.

31) This agreement shall be governed by and construed in accordance with the laws of the State of California.

IN WITNESS WHEREOF, the City and the Bird Rides, Inc. have executed this Agreement:

Marina, CA Bird Rides, Inc.

Signed By:

Signature:

Print Name:

Title:

Signature:

Print Name:

Title:

Address:

City of Marina
Attn: Matt Mogensen, Assistant City Manager
211 Cypress Avenue
Marina, CA 93933

13 11

Exhibit A
Insurance Requirements

Company shall procure and maintain for the duration of the Agreement insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the Agreement by Company, its agents, representatives, employees or subcontractors.

Minimum Scope and Limits of Insurance

Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis for bodily injury or property damage, including contractual liability, personal injury, and product liability and completed operations with limits of no less than $5,000,000 per occurrence and $5,000,000 in the aggregate for all occurrences during the policy period. The insurance shall not exclude coverage for injuries or damages caused by the shared mobility service provided to the shared mobility device user.

2. Business Auto: Primary coverage shall be written on Insurance Services Office Form CA 00 01 10 01 and shall be endorsed to state the City of Marina, its officers, officials, employee and volunteers are added as additional insured s with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by Company or for which Company is responsible. Limits shall be no less than $1,000,000 combined single limit per accident for bodily injury and property damage. Starting and ending dates shall be concurrent. If Company owns no autos, a non owned auto endorsement to the CGL policy described above is acceptable.

3. Workers’ Compensation: Workers’ Compensation insurance as required by the State of California, with Statutory Limits and Employers’ Liability Insurance with limits of no less than $1,000,000 per accident for bodily injury or disease.

If Company maintains broader coverage or higher limits than the minimum shown above, the City of Marina requires and shall be entitled to the broader coverage or higher limits maintained by Company. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City of Marina.

Other Insurance Provisions

1. The insurance policies shall contain, or be endorsed to contain, the following provisions:

a. Additional Insured Status: The City of Marina, its officers, officials, employs and volunteers are to be covered as additional insureds on the CGL, Auto and Employers’ Liability policies. Additional Insured coverage must be provided in the form of an endorsement to Company’s insurance (at least as broad as Insurance Services Office Form CG 20 10 11 85, or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33 or CG 20 18 and CG 20 37).

b. Primary Coverage: For any claims related to this Agreement, Company’s insurance shall be primary coverage at least as broad as Insurance Services Office Form CG 20 01 04 13 as respects 14 12

the City of Marina, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City of Marina, its officers, officials, employees or volunteers shall be in excess of Company’s insurance and shall not contribute with it.

c. Notice of Cancellation: Each insurance policy required herein shall state that coverage shall not be canceled except after notice has been given to the City of Marina.

d. Waiver of Subrogation: Company hereby gra nts to the City of Marina a waiver of any right of subrogation which any insurer of Company may acquire against the City of Marina by virtue of payment of any loss. Company agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City of Marina has received a waiver of subrogation endorsement from the insurer.

The Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of the City of Marina for all work performed by Company, its employees, agents and subcontractors.

Self-Insured Retentions

Self-insured retentions must be declared to and approved by the City of marina. The City of Marina may require Company to purchase coverage with a lower retention or provide satisfactory proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or the City of Marina.

Acceptability of Insurers

Insurance is to be placed with insurers author ized to conduct business in California with a current A.M. Best rating of no less than A:VII, unless otherwise acceptable to the City of Marina.

Verification of Coverage

Company shall furnish the City of Marina with original certificates and amendatory endorsement (or copies of the applicable policy language effecting coverage provided by this clause). All certificates and endorsement are to be received and approved by the City of Marina execution of this Agreement. However, failure to obtain required documents prior to the commencement of the Agreement shall not waive Company’s obligation to provide them. The City of Marina reserves the right to require complete, certified copies of all required insurance policies, including the endorsements required herein, at any time.

Failure to Maintain Insurance Coverage

If Company, for any reason, fails to maintain insurance coverage which is required pursuant to this Agreement, the same shall be deemed a material breach of contract. The City of Marina, at its sole option, may terminate this Agreement and obtain damages from Company resulting from said breach.

15 13

Subcontractors.

Company remains fully responsible for the acts, omissions, services, functions and obligations performed by its subcontractors to the same extent as if such acts, or omissions, services, functions or obligations were performed by Company’s employees or age nts and for purposes of this Agreement such work will be deemed work performed by the Company. Company shall not employ for the program any subcontractor that the City may within a reasonable time object to as unsuitable.

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

Special Risks or Circumstances

City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstance.

16 October 3, 2022 Item No. 8g(2)

Honorable Mayor and Members City Council Meeting of the Marina City Council of October 18, 2022

RECOMMENDATION TO CONSIDER ADOPTING RESOLUTION NO. 20 22-,

APPROVING AN AMENDMENT TO THE AGREEMENT BETWEEN THE CITY

OF MARINA AND FORMATION ENVIRONMENTAL, LLC, TO PROVIDE

ENGINEERING SERVICES FOR GROUNDWATER SUSTAINABILITY
PLANNING; ALLOCATING AND APPROPRIATING FROM THE GENERAL FUND IN THE AMOUNT OF $38,000.00; AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AMENDMENT ON BEHALF OF THE CITY

SUBJECT TO FINAL REVIEW AND APPROVAL BY TH E CITY ATTORNEY

AUTHORIZING THE F INANCE DIRECTOR TO MAKE THE NECESSARY ACCOUNTING AND BUDGETARY ENTRIES;

RECOMMENDATION:

It is recommended that the City Council:

1. Consider adopting Resolution No. 20 22-, approving an amendment to the agreement between The City of Marina and Formation Environmental , LLC. to provide engineering services for the groundwater sustainability planning; and

2. Allocating and appropriating $38,000.00 from the General Fund; and

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

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

BACKGROUND:

On March 20th, 2018, City Council passed Resolution 2018 -25 forming the Marina G roundwater Sustainability Agency (MGSA) to undertake sustainable groundwater management within a portion of the Salina s Valle y G round W ater Basin 180/400 Foot Aquifer Sub basin within th e City and outside of the Marina Coast Water District (MCWD) service area.

The cornerstone of the Sustainable Groundwater Act (SGMA) is the development and adoption of a Groundwater Sustainability Plan (GSP). GSPs for the “critically overdrafted” 180/400 Foot Aquifer Subbasin must be adopted by January 31st, 2020 . On June 24th, 2019 , MGSA, through the City Council, passed Resolution No. 2019 -66a approving a professional servic es agreement in the amount of $274,780.00 with Formation Environmental for the preparation of the MGSA GSP.

On December 17th, 2019, City Council pas sed resolution 2019-136 approving an amendment to the professional services a greement in the amount of $ 52,766.00 with Formation Env ironmental fo r additional work needed to complete the MGSA GSP.

On May 5 th, 20 20, City Council passed resolution 20 21-46 approving an amendm ent to the professional services agreement in the amount of $ 32,000.00 with Formation Environmental fo r additional wor k n eeded to prepare analysis and docu ments in support of the MGSA position on jurisdiction legitimacy, sufficiency of the MGSA GSP versus the Salinas Valley Basin GSA (SVBGSA) GSP adopted by the County of Monterey, and the validity of data generated by Stanford.

1 On September 1st, 2020, City Council passed resolution 2020 -114 approving an amendment to the professional services agreement in the amount of $3 7,700.00 with Formation En vironmental for additional w ork needed to review and comment on reports prepared by the Monterey Peninsula Water Supply Projec t (MPWSP) in support of their application for a permit from the California Coastal Commission ( CCC); participate as the City’s representative on the Technical Advisory Committee to the Seawat er Intrusion Working Group (SWIG TAC) that was recently formed by SVBGSA and basin stakeholders which include the City of Marina ; and participate in review of the MCWD GSP.

ANALYSIS:

The MGSA GSP has been submi tted to th e State Department of Water Resou rces (DWR) with review pending current litigation. The approval of the Monterey Peninsula Water Supply Project (MPWSP) by the California Coastal Commission (CCC) is not curren tly scheduled but is anticipated pending re -application by MPWSP . There is a co ntinuing need for services f rom Formation Environmental in preparation for the CCC hearing.

Formation Environmental continues to provide valuable input on the SVBGSA GTAC which is the successor to the SWIG TAC. The scope of the GTAC is broader than the SW IG and covers all groundwater issues. SVBGSA GTAC is moving forward with a study of the Deep Aquif er that provides potable water for Marina residents . The GTAC is also working on plans to update the monitoring of sea water intrusion. Staff anticipates th at additional services will be required from Formation Environmental for initial SGMA compliance efforts required pen ding the outcome of litigation and permitting for the MPWSP although the level of effort in the current proposal is limited. Should the MGSA be recognized as the management agency for a portion of the 180/400 Foot A quifer and the MG SA GSP is approved, an additional amendment will be required for activities and reporting required by SGMA.

Staff has reviewed and re commend for approval the proposed contract amendment of $38,000.00 for the scope of work, which is included as EXHIBIT A for a new, not-to-exceed contract total of $435,246.00.

FISCAL IMPACT:

Should the City Council approve this request, $38,000.00 will have to be allocated and appropriated from the unallocated General Fund balance for expenditure on groundwater sustainability activities.

GL account for expenditure is as follows: 100.190.000.00-6300.570

CONCLUSION:

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

Respectfully submitted,

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

Public Works Director/City Engineer
City of Marina

REVIEWED/CONCUR:

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

A RESOLUTIO N OF CITY COUNCIL OF TH E CITY OF MARINA APPROVING AN

AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF MARIN A AND

FORMATION ENVIRONMENTAL, LLC, TO PRO VIDE ENGINEERING SER VICES FOR GROUNDWATER SUS TAINABILITY PLANNING; ALLOCATING AND
APPROPRIATING FROM THE GENERAL FUND IN THE AMOUNT OF $ 38,000.00;

AUTHORIZING THE CITY MANAGER TO E XECUTE THE AMENDMENT ON BEHALF

OF THE CITY SUBJECT TO FINAL REV IEW AND APPROVAL BY THE C ITY

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

WHEREAS, on March 20th, 2018, City Co uncil passed Resolution 2018 -25 forming the Marina Groundwater Sust ainability Agency ( MGSA) to undertak e sustainable groundwater manageme nt within a portion of the Salinas Valley G round Water Basin 18 0/400 Foot Aquifer Subbasin within the City and outside of the Marina Coast Water District (MCWD) service area, and;

WHEREAS, the cornerstone of the Sustainable Groundwater Act (SGMA) is the d evelopment and adoption of a Groundwater Su stainability Plan ( GSP). GSPs for the “critically overdraf ted” 180/400 Foot Aquifer Subbasin must be ado pted by January 31st, 2020 . On June 2 4th, 2019, MGSA, through the City Co uncil, passed Resolution No. 2019 -66a approving a pro fessional services agreement in the amount of $274,780.00 with Formation Environmental for the preparation of the MGSA GSP, and;

WHEREAS, on December 17th, 2019, C ity Co uncil passed resolution 2019 -136 app roving an amendment to the profess ional services agreement in the amount of $ 52,766.00 with Fo rmation Environmental for additional work needed to complete the MGSA GSP, and;

WHEREAS, on May 5th, 2020, City Council pa ssed resolution 2020-46 approving an amend ment to the professional services agreement in the amount of $32,000 .00 with Formation Environmental for additional work needed to prepare analysis and docu ments in support of the MGSA position on jurisdiction legitim acy, s ufficiency of the MGSA GSP versus th e Salinas Vall ey Bas in GSA (SVBGSA) GSP adopted by the County of Monterey, an d the valid ity of data generated by Stanford, and;

WHEREAS, on September 1s t, 202 0, City Council passed resolution 2020 -114 approving an amendment to the professional services agree ment in the amount of $37,700 .00 with Formation Environmental for additional work nee ded to review and comment on reports prepared by the Monterey Penins ula Water Supply Project (MPW SP) in support of their applicat ion fo r a permit from the California Coastal Commission (CCC); participate as the City’s representative on the Technical Advisory Committee to the Seawater Intrusion Working Group (SWIG TAC) that was recently formed by SVBGS A and basin stakeholders which i nclude the City of Marina; and participate in review of the MCWD GSP, and;

WHEREAS, Formation Environmental continues to provi de valuable input on the SWIG TAC which is moving forward with a stu dy of the Deep Aquifer that p rovides potable water for Marina residents. The SWIG TAC is also working on plans to update the monitoring of sea water intrusion, and;

3 Resolution No. 2022-
Page Two

WHEREAS, staff anticipates that additional services will be required from Formation Environmental for initial SGMA com pliance efforts required pending the outcome of litigation and permitting for the MPWSP although the level of effort in the current proposal is limited, and;

WHEREAS, staff has reviewed and reco mmend for approval the propos ed contract amendme nt of $38,000.00 for the scope of work, which is included as Exhibit A for a new, not-to-exceed contract total of $435,246.00, and;

WHEREAS, should the City Council approve this request, $38,000.00 will have to be ap propriated from the General Fund for expenditure on the Groundwater related technical matters.

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

1. Approve an amendment to the agreement between The City of Marina and Formation Environmental, LLC. to provid e engineering servic es for groundwater sustainability planning; and

2. Allocate and appropriate $38,000.00 from the General Fund; and

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

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

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 8th day of October 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

___________________________
Bruce C. Delgado, Mayor
ATTEST:

__________________________
Anita Sharp, Deputy City Clerk

4 EXHIBIT A to Staff Report
October 10, 2022
Mr. Layne Long
City of Marina
211 Hillcrest Avenue
Marina, CA 93933
Subject: Statement of Work No. 6, Consulting Services Agreement dated June 25, 2019 Requested Supplemental Hydrogeologic Services
City of Marina Groundwater Sustainability Agency Marina, California
Dear Mr. Long:

As requested, Formation Environmental LLC (Formation) has been performing supplemental hydrogeologic consulting services t o support the City of Marina Groundwater Sustainability Agency (MGSA) in its efforts to maintain sustainable groundwater management. Ongoing services have focused on supporting litigation with Monterey County and the California Department of Water Resources (DWR), commenting on documents submitted to the California Coastal Commission proceedings regarding California American Water Company’s (CalAm) Monterey Peninsula Water Supply Project (MPWSP), and participating in the Sea Water Intrusion Group Technical Advisory Committee (SWIG TAC) for the 180/400Foot Aquifer Subbasin.1 These services were provided under Statements of Work No. 4 and 5 for the project and billed under Task 9. Statement of Work No. 5 was originally envisioned to cover work through Decem ber 2021, but was able to be extended through September 2022 because funds were expended more slowly than originally anticipated.

The need to continue ongoing services to support MGSA in its ongoing sustainable groundwater management services is anticipated, and Statement of Work No. 6 is intended to fund work anticipated through December 2023. All services will be performed under Task 9 of our existing contract pursuant to scopes of work requested by MGSA staff. If acceptable, this supplement will be appended to Exhibit A – Statement of Work of the Consulting Services Agreement between Formation Environmental, LLC and the City of Marina, dated June 25, 2019, and will become Statement of Work No. 6 of that agreement.

Scope of Work
Task 9: Additional Out of Scope Services
The following services will be performed on an as needed/as requested basis through December 2021:
• Support for California Coastal Commission Proceeding Regarding the MPWSP. Formation will support the City in its responses and comments on the California Coastal Commission proceeding regarding the MPWSP. Formation has been providing ongoing review and comment on investigations of shallow soil, hydrogeologic, and surface hydrologic conditions related to 1 The SWIG TAC was recently disbanded and replaced by the Groundwater TAC (GTAC) intended to provide technical input on a broader range of groundwater and Groundwater Sustainability Plan (GSP) implementation issues as needed. 5 EXHIBIT A to Staff Report

Formation Environmental, LLC
1631 Alhambra Boulevard, Suite 220
Sacramento, CA 95816
Proposal for Supplemental Hydrogeologic Consulting Services City of Marina GSA
October 10, 2022

Page 2 of 3 ends

groundwater dependent ecosystems (GDEs) near the Armstrong Ranch Ponds located east of the CEMEX site. It is anticipated that additional services will be required to help assure sustainable management of GDEs. Further review, comments and consultation ma y also be requested to respond to additional document submittals by CalAm as part of its renewed coastal permit application.
• Groundwater Technical Advisory Group. Formation has been requested to represent the City and MGSA as a technical consultant on the Groundwater Technical Advisory Group (GTAC) formed by the Salinas Valley Groundwater Sustainability Agency (SVBGSA) to obtain stakeholder technical input regarding various aspects of GSP implementation in the 180/400-Foot Subbasin.

Anticipated services through December 2023 include preparation for and participation in periodic GTAC meetings and review and comment on technical documents and scopes of work. • Support for Sustainable Groundwater Management Act (SGMA) Compliance Activities. It is anticipated that technical support will be required for activities related to various aspects of compliance with SGMA and MGSAs responsibility to maintain sustainable groundwater management. Services could include providing support and comment on m atters related to ongoing litigation between the MGSA and the County and the California Department of Water Resources regarding the Groundwater Sustainability Plan filed by the MGSA, review and comment on SGMA compliance documents prepared by the SVBGSA an d others, comment on GSP implementation activities, and additional technical support as may be requested. • Miscellaneous As-Needed Support Services. Additional services could include, but may not be limited to support for discussions with Marina Coast Water District, review of requests to access City property for hydrogeologic and GDE investigations conducted by others, review of additional documents as needed, support for meetings and presentation, support for public outreach, and other potential assignments.

Budget Estimate
The estimated budget for the scope of work is $38,000, which will be added to the existing budget for Task

9. A detailed breakdown of this budget estimate is included as Attachment A. This is a not -to-exceed budget based on the w ork requested and performed to date and an assumed level of effort for future services through December 2023. We will invoice our services monthly based on the actual time and expenses incurred in accordance with the rate sheet presented as Exhibit B of o ur Consulting Services Agreement dated June 25, 2019. The budget will not be exceeded without your prior authorization.

Schedule
This Statement of Work No. 5 is intended for anticipated supplemental services through December 2023.

It is possible that services may be required beyond this time, and such services after December 2023 if the budget allows. Alternatively, a revised Statement of Work No. 7 will be issued for your approval.

6 EXHIBIT A to Staff Report

Proposal for Supplemental Hydrogeologic Consulting Services City of Marina GSA
October 10, 2022

Page 3 of 3 ends

Closure
Thank you for considering us for this interesting and important project. If you have any questions or would like to discuss these matters further, please contact the undersigned at (916) 200-9038.

Sincerely,
Formation Environmental LLC

Mike Tietze, PG, CHG, CEG
Senior Engineering Geologist/Hydrogeologist

AGREED AND ACCEPTED BY:

FORMATION: CLIENT:

FORMATION ENVIRONMENTAL, LLC CITY OF MARINA

By: By:

Name: Brian G. Hansen, PE, PG Name:

Title: Partner Title:

Date: Date:

7 EXHIBIT A to Staff Report

Attachment A

COST ESTIMATE FOR REQUESTED SUPPLEMENTAL HYDROGEOLOGIC CONSULTING SERVICES City of Marina Groundwater Sustainability Agency

Marina, California

WORK BREAKDOWN STRUCTURE LABOR COSTS COST SUMMAR Y OTHER DIRECT COSTS Sr. Consultant III Sr Consultant III Senior I Scientist II Scientist I Controller/ Labor Expense Task Travel Shipping Document TASK/SUBTASK M. Tietze
$195
S. Carlton
$185
M. Lugsch H. Dickey
E. Tozzi $155 $120
S. Sinclair
$110
Technical
Editor
$75
Subtotals Subtotals

Totals & ODCs Production
Costs
Task 9 - Supplemental Services
Review GSS May 2021 Report and Additional Costal
Commission Proceeding Support
24 24 16 $
11,600.00
$ - $
11,600.00
$ - $ - $ - GTAC Participation 30 25 6 6 $
11,585.00
$ - $
11,585.00
$ - $ - $ - SGMA compliance support 16 8 8 8 8 8 $
8,280.00
$ - $
8,280.00
$ - $ - $ - Miscellaneus requests (TBD) 8 8 8 6 6 6 $
6,110.00
$
425.00
$
6,535.00
$
229.43
$ 95.57 $
100.00
TOTAL TASK 9 $
37,575.00
$
425.00
$
38,000.00
$
229.43
$ 95.57 $
100.00
TOTAL PERSONNEL-HOURS/UNITS 78 65 32 14 20 20 229
TOTAL COSTS $15,210.00 $12,025.00 $4,960.00 $1,680.00 $2,200.00 $1,500.00 $37,575.00 $425.00 $38,000.00 $ 229.43
$ 95.57 $
100.00
GRAND TOTAL $38,000

Page 1 of 1 ends

8 October 12, 2022 Item No: 8g(3)

Honorable Mayor and Members City Council Meeting
of the Marina City Council of October 18, 2022

CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 20 22-,
APPROVING AMENDMENT NO. 6 TO THE AGREEMENT BETWEEN

CITY OF MARINA AND SAVE THE WHALES OF SEASIDE, CALIFORNIA, TO PROVIDE PROFESSIONAL SERVICES FOR THE CITY OF MARINA’S

STORM WATER PROGRAM, AUTHORIZING THE FINANCE DIRECTOR

TO MAKE NECESSARY ACCOUNTING AND BUDGETARY ENTRIES,

AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE

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

REQUEST:

It is requested that City Council consider:

1. Adopting Resolution No. 20 22-, approving Amendment No. 6 to the agreement between the City of Marina and Save the Whales of Seaside , California, to provide professional services for the City of Marina’s Storm Water Permit Program, and;

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

3. Authorizing the City Manager to execut e the agreement on behalf of the City subject to final review and approval by the City Attorney.

BACKGROUND:

On February 5, 2013, the State Water Quality Control Board adopted new National Pollutant Discharge Elimination System (NPDES) Phase II Stormwate r permit requirements, requiring the City to submit a Notice of Intent for coverage under the new permit by July 1, 2013. The Permit term is five years ending on June 30, 2018.

To fulfill the City’s Program Management requi rements, including its needed Publ ic Education & Outreach (PE/PO) program under the current NPDES Phase II permit, the City contracted program support for the first two permit years with Save the Whales of Seaside, California.

At the regular meeting on December 15 , 201 5, the City Council adopted Resolution No. 201 5-148, approving a one-year agreement between the City of Marina and Save the Whales of Seaside, California, to provide professional services for the City of Marina’s Storm Water Program Permit Year 3.

With the additive general P ermit supplemental reporting to th e expanding Stormwater Program requirements, staff sought to better evaluate the scope and value of the program’s consultant support provided for the City’s Stormwater Program. On November 2, 2016 staff issued a request fo r proposals (RFP) for Public Education and Outreach as well as Program Support for the additional permit elements.

At the regular meeting on March 7, 2017, the City Council adopted Resolution No. 2017 -21, approving an agreement between the City of Marina and Save the Whales of Seaside, Ca lifornia, to provide professional services for the City of Marina’s Storm Water Program Permit Year 4 (“EXHIBIT A”).

1 At the regular meeting on November 7, 2017, the City Council adopted Resolution No. 2017 -100, approving Amendment No. 1 to the agreement between the City of Marina and Save the Whales of Seaside, California, to provide professional services for the City of Marina’s Storm Water Permit Program Permit Year 5.

At the regular meeting on October 1 6, 201 8, the Cit y Council adop ted Resolution No. 2018-121, approving Amendm ent No. 2 to the agreement between the City of Marina and Save the Whales of Seaside, California, to provide professional services for the City of Marina’s Storm Water Permit Program Permit Year 6.

At the regular meeting on October 1 5, 201 9, the Cit y Council adop ted Resolution No. 2019-108, approving Amendm ent No. 3 to the agreement between the City of Marina and Save the Whales of Seaside, California, to provide professional services for the City of Marina’s Storm Water Permit Program Permit Year 7.

At the regula r meeting on October 6, 20 20, the City Council adop ted Resolution No. 2020-135, approving Amendm ent No. 4 to the agreement between the City of Marina and Save the Whales of Seaside, Califo rnia, to provide professional services for the City o f Marina’s Stor m Water Permit Program Permit Year 8.

At the regula r meeting on October 19, 20 21, the City Council adop ted Resolution No. 2021-112, approving Amendm ent No. 5 to the agreement between the City of Marina and Save the Whales of Seaside, Califo rnia, to provide professional services for the City of Marina’s Stor m Water Permit Program Permit Year 9.

ANALYSIS:

Since the adoption of the current Phase II Stormwater Permit in 2013, the permit requirements outline a steady increase in permit regulatio ns per year. The City’s Stormwater program has complied with the escalating permit requirements through a joint effort of City staffing and consulting services.

As summarized to the City Council at the December 15th, 2015 meeting, the Regional Water Board who regulates local agency’s compliance to the Permit has enacted t hree additional provisions that affect local agencies during Permit Year 4 and 5: Ind ustrial General Permit Requirements, the New State wide Trash Policy Amendment, and Water Code Section 1 3267 Technical Report Order dated June 13, 2016 requiring an expande d pollutant reduction program. And for the last 6 permit years, the C ity’s Stormwater program has effectively and efficiently responded to these new policies and requirements.

With the ad ditive general Permit requirements as well as the supplementary requ irements detailed above, staff has found Save the Whales as the most qualified consultant to manage the City’s Phase II permit program for the r emainder of Permit Year 10 (November – June 2023). The Regional Board allows approximately 4 months to produce the reporting requirements after each permit year. This means that the report-production period for Permit Year 10 will overla p activities for the n ext Fiscal Year from July through October 2023.

For a list of permit requirements, see “Scope of Work” in the draft Amendment No. 6 to the Professional Services Agreement (“EXHIBIT B”).

City staff will oversee the amended scope to th e agreement with Save the Whales to fulfill the requirements of the remaining Permit term, by providing, among other things, the necessary information needed for preparation of the annual report, and by ensuring compliance with the required staff training as part of the requir ements of the current Phase II permit. The contract will also include the review of the anticipated new Phase II permit’s requirements. Due to the recent pandemic and associated adjusted Permit scheduling, Permit Year 11 may be the last of the current Permit cycle as the City moves towards exclusion from the next NPDES permit estimated now with a Q1 2024 adoption.

2 FISCAL IMPACT:

The total program costs for the professional s ervices contract with Save the Whales for Permit Year 10 is $133,703.00. The breakdown in the program budget is as follows:

Fiscal Year 22/23 Stormwater Program Budget
Permit Year 10, Program Costs $ 62,895.00

Fiscal Year 22/23 Stormwater Program Budget
Permit Year 10, Program Costs & Annual Reporting $ 70,808.00

Permit Year 8 Program Budget $ 133,703.00

Should the City Council approve this r equest, adequate funds are available in the approv ed budget for Fiscal Year 2022/23 activities in NPDES account No. 100.420.000.00-6370.540.

The remain der of the Program professional services cos ts of $70,808.00 will need to be approp riated during the budget approval process fo r a distribution into Fiscal Year 2023/24 and is not a par t of Contract Amendment No.6 at this time.

CONCLUSION:

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

Respectfully submitted,

__________________________
Edrie Delos Santos, P.E.

Senior Engineer, Engineering Division
City of Marina

REVIEWED/CONCUR:

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

Public Works Director/City Engineer
City of Marina

_____________________________
Layne P. Long
City Manager
City of Marina

3 RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA
APPROVING AMENDMENT NO. 6 TO THE AGREEMENT BETWEEN CITY

OF MARINA AND SAVE THE WHALES OF SEASIDE, CALIFORNIA, TO PROVIDE PROFESSIONAL SERVICES FOR THE CITY OF MARINA’S

STORM WATER PROGRAM, AUTHORIZING THE FINANCE DIRECTOR

TO MAKE NECESSARY ACCOUNTING AND BUDGETARY ENTRIES,

AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE

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

WHEREAS, on February 5, 2013, the State Water Quality Control Board adopted new National Pollutant Discharge Elimination System (NPDES) Phase II Stormwate r permit requirements, requiring the City to submit a Notice of Intent for coverage under the new permit by July 1, 2013. The Permit term is five years ending on June 30, 2018, and;

WHEREAS, to fulfill the City’s Program Management requirements, including its needed Public Education & Outreach (PE/PO) program under the current NPDES Phase II permit, the City contracted program support for the first two permit years with Save the Whales of Se aside, California, and;

WHEREAS, at the regular meeting on December 15, 2015, the City Council adopted Resolution No. 2015-148, approving a one-year agreement between the City of Marina and Save the Whales of Seaside, California, to provide professional s ervices for the City of Marina’s Storm Water Program Permit Year 3, and;

WHEREAS, with the additive general P ermit supplemental reporting to th e expanding Stormwater Program requirements, staff sought to better evaluate the scope and value of the program’s consultant support provided for the City’s Stormwater Program. On November 2, 2016 staff issued a request fo r proposals (RFP) for Public Educa tion and Outreach as well as Program Support for the additional permit elements, and;

WHEREAS, at the regular m eeting on March 7, 2017, the City Council adopted Resolution No. 2017-21, approving an agreement between the City of Marina and Save the Whales of Seaside, California, to provide professional services for the City of Marina’s Storm Water Program Permit Year 4 (“Exhibit A”); and

WHEREAS, at the regular meeting on November 7, 2017, the City Council adopted Resolution No. 2017-100, approving Amendment No. 1 to the agreement between the City of Marina and Save the Whales of Seaside, California, to provide pr ofessional services for the City of Marina’s Storm Water Permit Program Permit Year 5; and

WHEREAS, at the regular meeting on October 16, 2018, the Cit y Council adop ted Resolution No. 2018-121, approving Amendment No. 2 to the agreement between the City of Marina and Save the Whales of Seaside, California, to provide professional services for the City of Marina’s Storm Water Permit Program Permit Year 6; and

WHEREAS, at the regular meeting on October 15, 2019, the Cit y Council adop ted Resolution No. 2019-108, approving Amendment No. 3 to the agreement between the City of Marina and Save the Whales of Seaside, California, to provide professional services for the City of Marina’s Storm Water Permit Program Permit Year 7; and
4 Resolution No. 2022-
Page Two

WHEREAS, at the regular meeting on October 6, 2020, the City Council adopted Resolution No. 2020-135, approving Amendment No. 4 to the agreement between the City of Marina and Save the Whales of Seaside, Califo rnia, to provide professional services for the City o f Marina’s Storm Water Permit Program Permit Year 8; and

WHEREAS, at the regula r meeting on October 19, 2021, the City Council adop ted Resolution No. 2021-112, approving Amendment No. 5 to the agreement between the City of Marina and Save the Whales of Seaside, Califo rnia, to provide professional services for the City of Marina’s Storm Water Permit Program Permit Year 9; and

WHEREAS, since the adoption of the current Phase II Stormwater P ermit in 2 013, the permit requirements outline a steady increase in permit regulatio ns p er year. The City’s Stormwater program has complied with the esc alating permit requirements through a joint effort of City staffing and consulting services; and

WHEREAS, as summari zed to the City Council at the December 15 th, 2015 meeting, the Regional Water Board who regulates local agency’s compliance to the Permit has enacted t hree additional provisions that affect local agenci es during Permit Year 4 and 5: Ind ustrial General Permit Requir ements, the New State wide Trash Policy Amendment , and Water Code Section 13267 Technical Report Order dated June 13, 2016 requiring an expanded pollutant reduction program. And for the last 6 permit years, the C ity’s S tormwater program has effectively and efficiently responded to these new policies and requirements; and

WHEREAS, with the ad ditive general Permit requirements as well as the supplementary requirements detailed above, staff has found Save the Whales as the most qualified consultant to manage the City’s Phase II per mit program for the remainder of Permit Year 10 (November – June 2023). The Regional Board allows approximately 4 months to produce the reporting requirements after each permit year. This means that the repor t-production period for Permit Year 10 will overlap activities for the next Fiscal Year from July through October 2023; and

WHEREAS, for a list of permit requirements, see “Scope of Work” in the d raft Amendment No. 6 to the Professional Services Agreement (“Exhibit B”); and

WHEREAS, City staff will oversee the amended scope to the agreement with Save the Whales to fulfill the requi rements of the remaining Permit term, by providing, among other things, the necessary information needed for preparation of the annual report, and by ensuring compliance with the required staff training as part of the requirements of the current Phase II permit. The contract will also include the review of the anticipated new Phase II permit’s requirements. Due to the recent pandemic and associated adjusted Permit scheduling, Permit Year 11 may be the last of the c urrent Permit cycle as the City moves to wards exclusion from the next NPDES permit estimated now with a Q1 2024 adoption; and

WHEREAS, the total program costs for the professional s ervices contract with Save the Whales for Permit Year 10 is $133,703.00. Should the City Council approve this request, adequate funds are available in the approv ed budget for Fiscal Year 2022/23 activities in NPDES account No. 100.420.000.00-6370.540. The remainder of the Program professional services cos ts of $70,808.00 will need to be appropriated during the budget approval process fo r a distribution into Fiscal Year 2023/24 and is not a part of Contract Amendment No.6 at this time. 5 Resolution No. 2022-
Page Three

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

1. Approve Amendment No. 6 to the agreement between the City of Marina and Save the Whales of Seaside, California, to provide professional services for the City of Marina’s Storm Water Permit Program; and

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

3. Authorize the City M anager to execut e the agreemen t on behalf of th e City subject to final review and approval by the City Attorney.

PASSED AND ADOPTED by the City Council of the City of Marin a at a reg ular meeting duly held on the 18th day of October 2022, by the following vote:

AYES, COUNCIL MEMBERS:

NOES, COUNCIL MEMBERS:

ABSENT, COUNCIL MEMBERS:

ABSTAIN, COUNCIL MEMBERS:

_________________________
Bruce C. Delgado, Mayor
ATTEST:

___________________________
Anita Sharp, Deputy City Clerk

6 EXHIBIT A
7 EXHIBIT A
8 EXHIBIT A
9 EXHIBIT A
10 EXHIBIT A
11 EXHIBIT A
12 EXHIBIT A
13 EXHIBIT A
14 EXHIBIT A
15 EXHIBIT A
16 EXHIBIT A
17 EXHIBIT A
18 EXHIBIT A
19 EXHIBIT A
20 EXHIBIT A
21 EXHIBIT A
22 EXHIBIT A
23 EXHIBIT A
24 EXHIBIT A
25 EXHIBIT A
26 EXHIBIT A
27 EXHIBIT A
28 EXHIBIT A
29 City of Marina Stormwater Permit Year 2022-2023
Ref
No. Permit Page # MCM Task Schedule Task / Recommendation - Respondent Shall: Total Nov 1, 2022 - June 30, 2023
Total July 1 - Oct 31,
2023
1 2 E.6 25- PE/PO Internet
Updates PME
3 E.6 On-going PME Project
Management Throughout
Project Management: Respondent shall provide effective Project Management throughout the entire project to ensure that quality programs are developed, implemented and managed, along with associated necessary quality documents on time and within budget.

Program management and overall overhead related to this RFP is estimated .08% of the total cost above. This line item also covers providing updates on other relevant permits
ECS / STW As needed and an overview to be provided in Annual Report with highlights. 7,396.00$ 7,396.00$ 4 E.6 20- PME Project
Management Throughout
Meetings - RWQCB: Respondent shall meet with RWQCB as needed to ensure program compliance. At this time, Respondents estimates a total of 4 meetings, plus attending 4 regional training workshops on the new NPS, AG Permit and proposed Pesticide Permit. Thus, it is estimated that 8 meetings / workshops will be attended at 3 hours each.

ECS / STW As needed and an overview to be provided in Annual Report with highlights. 1,032.00 1,032.00$ 5 E.6 20- PME Project
Management Throughout Coordination and Oversight of Other Environmental Services Providers, and etc. ECS / STW As needed, but estimated at: 1,548.00 1,548.00$ 6 E.6.a.i-ii.a-j 20- PME Project
Management As needed Legal Authority - Review Municipal Code to Ensure It Meet new Regulatory Needs (i.e. NPS, Ag Permit, proposed Pesticide Permit, New Phase II Permit, New CGP and Other Relevant Permits), Etc. ECS Review Municipal Code On hold On hold 7 E.6.c 20- PME Project
Management As needed ERP - Enforcement Response Plan - Review and update as necessary, specific to item # 1 above ECS Review Municipal Code On hold On hold 8 E.6 n/a PME Project
Management Special Project
New Permits: Based upon proposed, new or updated Permits that may impact City requirements. 2020-2021 reviewed and commented on the draft revised Construction General Permit. 2021-2022 anticipate review and make recommendations regarding new Phase II Permit & Evaluate Options of WDR. This year should be a transitional year to either a new Permit or the initial stages of a transition to a WDR.

ECS 5,160.00 5,160.00$
9 15,136.00 15,136.00
10 11 E.7 Page # MCM Task Schedule
12 E.7.a.i/ii.(c,d,e,g,h,I,k,l,m) 25- PE/PO Internet
Updates Throughout Internet Updates: Provide as needed updates for City's stormwater public education and outreach program website, facebook, CBSM and etcetera. ECS / STW Updates provided to City representative as needed and overview in Annual Report. 860.00 860.00$ 13 E.7.a.i/ii.(c,d,e,g,h,I,k,l,m) MRSWMP PE/PO Print Adds On-Hold Print Ads: Develop and run print ads with impressions on various program topics targeting specific audiences and specific pollutants of concern. This task line item is specifically a MRSWMP carry-over item. CBSM versions can be substituted in. STW Updates provided to City representative as needed and overview in Annual Report. On hold On hold
14 E.7.a.i/ii.(c,d,e,g,h,i); 25 PE/PO Multiple
Languages On-Hold
Multi-Languages: Expand at least 2 existing outreach materials (Type To Be Determined ) per year to Spanish & an Asian dialect (i.e.

Korean) to meet the goals of council (2015) and community needs. Messaging to include at a minimum how to report illicit discharges, water efficient landscaping items, water conservation ideas, proper pesticide / fertilizer and herbicide application, solid waste - litter control (Trash TMDL requirement ) and additional items as directed and/or as necessary.

ECS / STW Translate two brochures per year, update City accordingly and provide overview in Annual Report. 1,720.00 1,720.00$ 15 E.7.a.i/ii.(d); E.8.i/ii.c/etc 25 PE/PO Storm Drain
Labeling Spring Storm Drain Labeling: Continue City's existing storm drain inlet labeling program and litter cleanup of inlets to engage public participation. STW Label storm drains and provide details in Annual Report to City. 1,075.00 1,075.00$
16 E.7.a.i/ii.(d); E.8.i/ii.c/etc 27 PE/PO Storm Drain
Labeling Spring Storm Drain Emblems: Supplies for storm drain emblems per year. STW n/a 250.00 17 E.7.a.i/ii.(f)/ (c,d,e,g,h,i) 25 PE/PO Material
Distribution Winter
Distribute educational materials determined by City. Recommend distribution at City Hall, library, community centers, public events (i.e. farmers market, Marina Earth Day, Labor Day, Veteran's Day Celebration, Marina Tree and Garden events, etc.) participate in four (4 ) events a year. Also, recommend distribution via regulatory compliance actions. Materials can be distributed via email (Businesses in particular), and/or via community based social marketing techniques, including print, internet (facebook, twitter and etc.). In the converse the Marina Annual Pet Program Contest can be done.

STW
Distribute materials to select facilities 4 times year and at noted events annually. Provide results to City in
Annual Report and updates as necessary.
1,720.00 1,720.00$
18 E.7.a.ii.(c,d,f) 26 PE/PO Restaurants
(MRSWMP) Winter Restaurants: Visit 10-12 restaurants, distribute proportional number of pieces of bilingual educational materials ( posters, brochures, and link to online BMP in English and Spanish). STW
Implement annually, and provide list of facilities
visited to City in Annual Report and updates as
necessary.
645.00 645.00$
19 E.7.a.i/ii.(i) 26 PE/PO
Pesticides,
herbicides, and
fertilizers
Spring - Fall
IPM: Continue distribution of "Our Water Our World" Integrated Pest Management materials through public events, and partner with MRWMD workshops, participate in at least 1 event at Last Chance Mercantile. The focus is to show examples of alternatives to pesticides. The goal is to reach 20-40 people through events; report on increase/decrease in sales of “natural insecticides” from box store corporate headquarters.

STW
Implement annually, and provide list of facilities
visited to City in Annual Report and updates as
necessary.

On hold On hold
Task 1: Program Management Element
Subtotal Task 1: Program Management Element
City of Marina Stormwater Program
Detailed Scope of Work - Stormwater Program Management Services (PE/PO) Year 11 (2022 - 2023) Proposed Task to Complete Revised (Version 1) Reference Permit Element / Time Schedule / BMP Classification Scope of
Services By Anticipated Deliverables
Fee Proposal
Program Management Element - Legal Authority, Municipal Code Review, Recommendations where Warranted and Etcetera Task 2 Public Education and Outreach Element & Public Participation and Involvement Element Public Education and Public Outreach Element

Page 1 of 4 ends

EXHIBIT B TO STAFF REPORT
Exhibit A.6
30 City of Marina Stormwater Permit Year 2022-2023
Ref
No. Permit Page # MCM Task Schedule Task / Recommendation - Respondent Shall: Total Nov 1, 2022 - June 30, 2023
Total July 1 - Oct 31,
2023
City of Marina Stormwater Program
Detailed Scope of Work - Stormwater Program Management Services (PE/PO) Year 11 (2022 - 2023) Proposed Task to Complete Revised (Version 1) Reference Permit Element / Time Schedule / BMP Classification Scope of
Services By Anticipated Deliverables
Fee Proposal
20 21 E.7 Page # MCM Task Schedule
22 E.7.a.i/ii.(j) 26 PE/PO Schools Spring - Fall
Schools: Provide environmental place-based learning in schools with hands-on presentations for grades K-3 and 4-12, with materials to effectively educate school–age children about storm water runoff, marine life in the MBNMS, and how they can help protect the environment (groundwater and coastal areas) . Partner with MRWMD to provide an assembly on protecting wildlife, recycling, and litter issues. Contact schools and principals for programs. For grades 4-12, pre-and post-student evaluations will be collected, tabulated, and analyzed for effectiveness in the annual report. All teachers who receive a program for their students will be asked to evaluate the presentation. The goal is to move this to a Zoom, Teams or equivalent platform during the pandemic STW
Implement annually, and provide list of restaurants
visited to City in Annual Report and updates as
necessary.
1,720.00 1,720.00$
23 E.7.a.ii.j.4 26 PE/PO Schools Spring - Fall Schools: Provide environmental place-based learning workshop to educators (i.e. train the traine r) per Permit. STW Develop workshop, outreach to educators, conduct
workshop. Update City when workshop will be and
report on annually.
860.00 860.00$
24 E.7.a.i/ii.(k)/(m) 27 PE/PO Target
Audiences Spring Target Audiences: Distribute existing materials target audiences to be determined (likely to the business community) via mail, advertisements, email and via community based social marketing. ECS Distribute as necessary to target audiences 2,795.00 2,795.00$ 25 E.7.a.ii.d 27 PE/PO Movie, Radio,
Print Throughout
Movie, Radio, Print: Continue existing PE / PO messaging using a multi-pronged approach (print, radio, movie ad ) in applicable languages. Recommend substituting TV ad approach (from MRSWMP ) to radio ads (English and Spanish ) and digital movie ad (already produced) at local theater to run during blockbuster movie season in winter or summer. Number of patrons reached via radio and movie ads to be reported annually. This may also be accomplished via mail, advertisements, email and via community based social marketing.

STW
Throughout the Contract Term, and provide overview
and results to City in Annual Report, and updates as
necessary.
1,290.00 1,290.00$
26 E.7.a.ii.e 27 PE/PO
Events
/Meetings /
Presentations /
Workshops
Spring - Fall
Workshops: The Permit requires the Permittee to hold public meetings to elicit public input. The recommendation is to change this approach to seeking public input through the website / Facebook & brochures. This approach will include routine updates as appropriate.

ECS / STW As needed, and provide overview and results to City in Annual Report, and updates as necessary.
27 E.7.a.ii.e 27 PE/PO
Events
/Meetings /
Presentations /
Workshops
fall Workshops: Recommend changing this to Annual Council presentation - program updates and a look ahead approach. ECS / STW Annually, and provide overview and results to City in Annual Report. 1,720.00 1,720.00$
28 E.7.b.1.i/ii.(a-e)
E.7.b.3.i/ii
E.11.g
27 PE/PO
IDDE - Staff &
Site Operator
Training &
Education
Spring
IDDE / MO/GH & IPM Training: Staff and Site Operator Training and Education. E.7.b.1 - E.7.b.1. Illicit Discharge Detection and Elimination Training; E.7.b.2. Staff Construction Outreach and Education; E.7.b.3. Pollution Prevention and Good Housekeeping Staff Training; Combined with No.'s 28, 33, and 55 training.

ECS Implement annually, and as needed provide overview
of results to the City and in Annual Report. 2,150.00 2,150.00$ 29 E.7.b.2.b.i/ii.a 29 PE/PO
Construction
Outreach and
Education
3-4 x a yr
Construction Site Operator Education: Develop and distribute educational materials to construction site operators. Recommend notice to all operators working in town on WDID # / SWPPP projects be emailed a notice on trainings locally on stormwater construction site BMPs, post notice on City's website and make notice available at Permit Counter twice a year.

ECS Implement annually, and as needed provide overview
of results to the City and in Annual Report. 1,032.00 1,032.00$ 3 31 E.7 Page # MCM Task Schedule
32 E.7.b.2.b.i/ii.b-d 29 PE/PO
Construction
Outreach and
Education
3-4 x a yr
Construction Operator Outreach Recommendations:
(b) Distribute outreach tools aimed at educating construction site operators on appropriate selection, installation, implementation, and maintenance of storm water BMPs, as well as overall program compliance. (c) Distribute appropriate outreach materials to all construction operators who will be disturbing land within the MS4 boundary. The Permittee's contact information and website shall be included in these materials. (d) Update the existing stormwater website as necessary, to include information on appropriate selection, installation, implementation, and maintenance of BMPs. Replace with debriefing / training notices on a near monthly basis ECS Implement annually, and as needed provide overview
of results to the City and in Annual Report. 2,150.00 2,150.00$ 33 E.7.b.3.i/ii 29-30 PE/PO
Pollution
Prevention and
Good
Housekeeping
Staff Training
fall MO/GH Training: E.7.b.3. Pollution Prevention and Good Housekeeping Staff Training. Combined with No.'s 28, 33, and 55 training. ECS
Implement annually, and as needed provide overview
of results to the City and in Annual Report. See item
20 for joint cost
-
Task 2 Public Education and Outreach Element & Public Participation and Involvement Element Public Education and Public Outreach Element
Public Education and Public Outreach Element
Task 2: Public Education and Outreach Element & Public Participation and Involvement Element

Page 2 of 4 ends

Exhibit A.6
31 City of Marina Stormwater Permit Year 2022-2023
Ref
No. Permit Page # MCM Task Schedule Task / Recommendation - Respondent Shall: Total Nov 1, 2022 - June 30, 2023
Total July 1 - Oct 31,
2023
City of Marina Stormwater Program
Detailed Scope of Work - Stormwater Program Management Services (PE/PO) Year 11 (2022 - 2023) Proposed Task to Complete Revised (Version 1) Reference Permit Element / Time Schedule / BMP Classification Scope of
Services By Anticipated Deliverables
Fee Proposal
34 E.8 Page # MCM Task Schedule
35 E.8.i.ii.(a-d) 30 PIPP Coastal Cleanup
- sponsorship Throughout
Event: As required public participation and involvement program shall encourage volunteerism, public comment and input on policy, and activism in the community. With this in mind Respondent shall coordinate, engage and lead the public in numerous events and/or sponsor partner events; such as coastal clean-up, pet poo markers installation, clean-up of debris and trash at local parks (at least 4 events annually ), dune plant restoration, bi-annual Marina tree and garden club garden tour. Respondent shall engage the public via existing well established contacts with CSUMB and local environmental groups through Respondent's website, facebook, the City's website and via word of mouth recruitment at local community events, such as, farmers markets and etcetera.

Respondent routinely solicits public input on program materials via each and every outreach material. Note: Some aspects of these tasks are carry-overs from the MRSWMP program.

ECS / STW Throughout the year, and provide overview of results to the City as needed and in Annual Report. 2,150.00 2,150.00$ 36 E.8.i/ii.(e) 30 PIPP RWMG /
IRWMG Throughout
Regional Water Management Group [(RWMG) Formerly Integrated Regional Water Management Program (IRWMP)]:

Respondent shall participate on behalf of client in monthly and / or quarterly RWMG meetings and associated watershed-level planning efforts, if applicable. The time provided is just an estimate ECS As needed, and provide updates to City as needed and overview in Annual Report. 1,720.00 1,720.00$ 37 23,857.00 23,607.00
38 39 E.10.a Page # MCM Task Schedule
40 E.10.a 37-39 Con Construction
Site Outreach Throughout Construction Outreach: Update existing construction site related education materials as needed based upon changing regulations, standards and ASTM standards. ECS
Throughout as needed, and provide updates to the
City as needed and overview in the Annual Report of
updates / modifications made.
430.00 430.00$
41 E.10.a.(i-iii) 37 Con Inventory 3 - 4 x a yr Construction Site Inventory - Maintain list of all active construction sites within City limits ECS Maintain list for city that achieves this permit
requirement with coordination with City staff for all
non-SWPPP sites with Soil Disturbing Activities.
516.00 516.00$
43 E.11 MO/GH
44 E.11 Page # MCM Task Schedule Municipal Operations & Good Housekeeping 45 E.11.e. 43-44
Municipal
Facility
Inspections
1 x a yr
MO/GH Inspections: Respondent shall inspect municipally owned facilities as follows: (a) Quarterly visual hotspot inspections, (b) Annual Hotspot comprehensive inspections, (c) Quarterly Hotspot visual observation of storm water and non-storm water discharges, (d) Non-Hotspot Inspection once per Permit term vs. E.11.c.ii - annual assessment. Respondent will make assessments of the sites risk to water quality and make recommendations for remedial adjustments / actions as necessary. Respondent estimates that 8 sites in town will need quarterly inspections for various reasons, and 20 non-hotspot sites will be inspected annually.

ECS Conduct inspections as specified and provide updates to City as needed and overview in Annual Report. - 4,730.00$ 48 E.11.G 4 x a year Reporting TP Trash Policy Plan Compliance Reporting - Provide assistance to ensure City is meeting trash Full Capture System status, report on progress annually to water board ECS Assist and prepare annual report 516.00 2,064.00$ 50 E.11.j.ii 47-48 MO/GH
Landscape
Design and
Maintenance
fall IPM Training: Combined with No.'s 28, 33, and 55 training. ECS / STW Annually, provide training opportunities to City
applicators and distributors, update City as needed
and an overview will be provided in the Annual
Report. See item 20 for joint cost.
- -$
51 E.12 PCON
52 E.12 CCRWQCB
PCRs PCON Reporting 4 x a yr
Post Construction Requirements - Related to Central Coast Regional Water Quality Control Board Post Construction Requirements. Update outreach materials based upon regulatory changes / updates. Remind City about requirement for annual reporting, conduct self certification outreach and assist with reporting. Coordinate annual reporting with Permittees and Review O&M and Agreements as necessary
ECS See Task / Recommendations to Left 1,720.00 6,880.00$ 53 E.12.i 60 PCON Excluded OPTIONAL: Post-Construction Best Management Practice Condition Assessment: Visually inspect and assess the condition of PCRs on sites where the site operator fails to report on the condition in the prior year. I estimate about 5-6 sites to inspect. ECS Optional: Recommend this to close the gap. -$ 38 Task 3: Construction, Municipal Operations and Good Housekeeping and Post Construction Requirements Public Participation & Public Involvement
Subtotal Task 2: Public Education and Public Outreach and Public Participation and Involvement Element Construction Site Management
Post Construction
Municipal Operations & Good Housekeeping

Page 3 of 4 ends

Exhibit A.6
32 City of Marina Stormwater Permit Year 2022-2023
Ref
No. Permit Page # MCM Task Schedule Task / Recommendation - Respondent Shall: Total Nov 1, 2022 - June 30, 2023
Total July 1 - Oct 31,
2023
City of Marina Stormwater Program
Detailed Scope of Work - Stormwater Program Management Services (PE/PO) Year 11 (2022 - 2023) Proposed Task to Complete Revised (Version 1) Reference Permit Element / Time Schedule / BMP Classification Scope of
Services By Anticipated Deliverables
Fee Proposal
54 3,182.00 14,620.00
55 56 E.13 WQM
57 E.13 62-69 WQM n/a n/a
N/A: Since the City does not have any outfalls that discharge to a US waterway (Note caveat regarding vernal pools), but which instead discharge to percolation ponds it is Respondent's position that this Permit element is not applicable at this time, unless the Central Coast RWQCB directs otherwise.
n/a n/a
58 E.13 n/a WQM Field Sampling WQM
Water Quality Monitoring & Sampling to Coincide with 2NDNature Work. Staff time, lab fees and etc. Details available on supplemental document upon request. The hope is that this will assist in securing a WDR. Cushion provided of 12%. If not required, then not charged
STW Conduct Vernal Pool Water Quality Monitoring &
Sampling 10,000.00 2,500.00
59 E.14 PEAIP
60 E.14 70 - 13267
Notice
6/13/2016
13267
Notice
Software User
Agreement 2NDNature 13267 Notice Software: Software user license agreement for 13267 Requirements. Cushion of 5% added. If not required, then not charged 2ND Annual software licensing fee 8,244.50
61 E.14.a-b 70-73 PEAIP
Program
Effectiveness
Assessment and
improvement
Plan
Summer-fall
PEAIP: As applicable to the scope of work expressed within the RFP, specifically in regards to Public Education and Outreach Respondent will annually prepare and submit an effectiveness assessment analysis with recommendations based upon the iterative process to the MEP principle to City.

ECS / STW The PEAIP will be submitted annually to the City for review and consideration. 3,870
62 E.15 TMDL
63 E.15 73-74 TMDL TMDL
Requirements n/a Not applicable to this RFP, nor to the City of Marina. n/a n/a 64 E16 ARPT
65 E.16 All Reports
Applicable
Annual Report
Sections
fall Annual Reports: Respondent shall prepare and submit all applicable Annual Report sections related to Public Education / Outreach (E.7) and Public Involvement / Participation (E.8) deliverables ECS / STW These documents will be prepared Annually and
submitted to the City Representative prior to the
SMARTS Annual Report submission due date to
allow ample opportunity for input and direction with
City Representative.
8,600
66 18,244.50 14,970.00
67 68 All n/a PE/PO Print Cost As needed Print cost shall be at actual cost, plus 20% administrative overhead. Estimate of total print cost at 6,000 materials per year. ECS / STW Updates will be provided in Monthly billings to City.

Reduced in a third because of Covid-19 875.00 875.00 69 All n/a PE/PO Postage / etc. As needed Postage cost shall be at actual cost, plus 20% administrative overhead. Estimate of total of 4,000 mailings per year. ECS / STW Updates will be provided in Monthly billings to City. 1,600.00 1,600.00 70 All All Reports Annual Report
Sections Throughout Extra Reports: Respondent shall prepare and submit all other Annual Report Sections as directed by the CITY in compliance with the existing PERMIT at an hourly rate of: ECS / STW
These documents will be prepared Annually and
submitted to the City Representative prior to the
SMARTS Annual Report submission due date to
allow ample opportunity for input and direction with
City Representative.

TBD TBD
71 2,475 2,475
Note: All STW / ECS or ECS / STW combination projects I just divide the budget in half between the two of us to simplify accounting Note, items 5, 8, 42, 46, 47, 48, 49, 53, 58, 60, are all newer line items. Thus additional work that did not exist before 2018. 70,808$
Key: Con = Construction, IDDE = Illicit Discharge Detection and Elimination, MO/GH = Municipal Operations and Good Housekeeping, PE/PO = Public Education / Public Outreach, PP/PI = Public Participation and Public Involvement & PCR = Post Construction Requirements.

Key: ECS = Environmental Compliance Specialist, 2ND = 2ND Nature, STW = Save the Whales Note: This is a "Not to Exceed" Fee based proposal. As always, the approach is time and materials and if the total estimated amount is not utilized than those remaining funds will be available for other program element assistance at the discretion of Client's representative or simply will not be used.

GRAND TOTAL: 2021-2022 (Contract Year November 1, 2021-June 30,2022 & July 1, 2022-October 31, 2022) 62,895$ Task 5: Other Program Cost: Print, Postage and Mail
Subtotal Task 5: Other Program Cost: Print, Postage and Mail Total Maximum Daily Load
Annual Reports
Subtotal Task 4: Water Quality Monitoring & Sampling, PEAIP, TMDL and Annual Report Subtotal Task 3: Construction, Municipal Operations & Good Housekeeping and Post Construction Requirements Task 4: Water Quality Monitoring & Sampling, Program Effectiveness Assessment and Improvement Plan, TMDL and Annual Report Water Quality Monitoring & Sampling
Program Effectiveness Assessment and Improvement Plan

Page 4 of 4 ends

Exhibit A.6
33 EXHIBIT C

CITY OF MARINA
AMENDMENT NO. 6 TO THE AGREEMENT FOR
PROFESSIONAL SERVICES FOR THE CITY OF MARINA’S

STORM WATER PROGRAM

THIS AMENDMENT NO. 6 (“Amendment No. 6”) to the Agreement entered into between the City of Marina (“City”), and Save the Whales (“Contractor”) on May 4, 2017 (the “Agreement”) is made and entered into as of the ________ day of _______________ 2022, by and between those Parties. City and Contractor are sometimes individually referred to as “Party” and collectively as “Parties” in this Amendment No. 6.

Recitals

A. City desires to retain Contractor for professional services associated with the City of Marina’s Storm Water Permit Program (Program) – Contractor shall provide general assistance as requested on issues pertaining to City Program and shall perform other support services for City as determined by the City Engineer, to assist the City in complying with State Water Resources Control Board Water Quality Order No. 2013-0001-DWQ National Pollutant Discharge Elimination System (NPDES) General Permit No.

CAS000004 (hereafter, “Phase II Permit”)

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

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

In consideration of the mutual promises contained herein, City and Contractor agree that the Terms and Conditions set forth herein are incorporated into the Agreement. Only the provisions of the numbered sections of the Agreement which are being amended he reby are included in this Amendment No. 6, and all other terms and conditions of the Agreement shall remain unchanged.

Section 1.(a) of the Agreement “Scope of Work” is hereby deleted in its entirety and replaced with the following:

“1.(a) 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” , Exhibit “A.1”, Exhibit “A.2”, Exhibit “A.3”, “A.4”, “A.5”, “A.6” attached hereto (“Scope of Work”) and by this reference made a part hereof.

The Scope of Work in Exhibit “A” , “A.1”, “A.2”, “A.3”, “A.4”, “A.5” , and “A.6” is referencing compliance requirements under the Phase II Permit. With thirty (30) days prior w ritten notice to Contractor, City may elect to delete certain tasks of the Scope of Work at its sole discretion, as provided in Section 4 to this Agreement.”

Section 2.(a) of the Agreement “Term of Agreement & Commencement of Work” is hereby deleted in it s entirety and replaced with the following:

34 EXHIBIT C

“2.(a) 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 upon the earlier of October 31, 2023 or thirty (30) days after the issuance of the City’s WDRs by the RWQCB. Upon the issuance of the WDRs to the City, the City may elect not to terminate this Agreement, and to otherwise have Contractor continue with all or parts of the Scope of Work in order for the City to comply with certain elements of the issued WDRs, but in no event shall this Agreement extend beyond October 31, 2023, unless extended by written amendment by the parties hereto. In the event the City determines to continue with all or certain elements of the Scope of Work to comply with its WDRs, the City, within fifteen (15) days from the date of the issuance of the WDRs, shall provide written notice to Contractor of those services under the Scope of Work the City has determined to continue to have Contractor provide. The date of full execution is defined as the date when all of the following events have occurred:”

Section 3.(a) of the Agreement “Compensation” is hereby deleted in its entirety and replaced with the follow:

“3.(a) 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 eight hundred fifty-seven thousand three hundred and seventy-three dollars ($991,076.00), in accordance with the provisions of this Section and the Cost Estimate attached hereto as Exhibit B and incorporated herein by this reference.”

In all other respect the Agreement remains enforceable in accordance with its terms and in full force effect.

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 P. Long Name: Maris Sidenstecker
Its: City Manager Its: Project Manager

Date: Date:

Approved as to form:

By:

City Attorney

Attest: Resolution No. 2022-
Deputy City Clerk
35 EXHIBIT C

EXHIBIT B

COSTS
Proposed costs are provided below.

Original Contract (Partial Permit Year 4) $ 73,730.00

Amendment No. 1 (Permit Year 5) $230,084.00

Amendment No. 2 (Permit Year 6) $153,386.00

Amendment No. 3 (Permit Year 7) $131,667.00

Amendment No. 4 (Permit Year 8) $131,252.00

Amendment No. 5 (Permit Year 9) $137,254.00

Amendment No. 6 (Permit Year 10) $133,703.00

Program Contract Budget $991,076.00

B-1
36 October 14, 2022 Item No. 8g(4)

Honorable Mayor and Members City Council Meeting
of the Marina City Council of October 18, 2022

CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 20 22-,

APPROVING A CREDIT OF SURPLUS SOLID WASTE COLLECTION

FEES BACK TO RATE PAYERS

REQUEST: It is requested that the City Council consider:

(1) Adopting Resolution No. 2022- approving a credit of surplus solid waste collection fees back to rate payers that paid for service in rate period 5 and rate period 6.

BACKGROUND:

On August 19, 2014, the City Coun cil adopted Resolution No. 2014 -98, and entered into a new exclusive 15-year Franchise Agreement with Green Waste Recovery (GRW) to provide solid waste, recycling, and organics collection services for the City of Marina. The Agreeme nt provides for automat ic annual rate adjustments for GWR’s services calculated following either a multi - index rate adjustment methodology or a cost-based rate adjustment methodology.

The cost -based adjustment involves an extensive and detailed review o f GWR’s actual cost of operations, ch anges in inflation, the number of customers, and the service level provided and comparing this to actual gross receipts collected to determine GWR’s compensation for the current rate period and to forecast the future ra tes. A cost-based rate adjustment was performed for rate period 5 in 2019. Adjustments to the GWR compensation resulted in rate -payer surpluses of $540,298 in rate period 5, $258,203 in rate period 6, and $175,891 in rate period 7. As a result of the surpluses, rates for mari na customers set in 2018 remained fixed until the approval of rates in period 8 which started on July 1, 2022.

At the September 15th, 2020 meeting, City Council asked staff to analyze an equitable method of returning the surplus from rate periods 5 and 6 to the rate-payers that paid into the surplus.

At the meeting on June 7, 2022, the City Council adopted Resolution No. 202 2-75, approving an agreement between the City of Marina and HF&H Consultants, LLC (HF&H) to perform an analysis of an equitable method of crediting surplus solid waste collection fees back to rate payers.

At the meeting on June 7, 2022, the City Council adopted Resolution No. 2022 -74, approving rate increases that were offset by applying $89,227 of the surplus ge nerated in rate period 8 which reduced the increase from 5.82% to 3.10%. The remaining half of the surplus generated in rate period 7 is available to offset rate increases in rate period 9 which will be submitted for City Council approval prior to July 2023.

ANALYSIS:

HF&H reviewed the July 2019 (RP5 Billing File) and July 2020 (RP6 Billing File) bil ling file provided by GWR for residential and commercial customers in the City of Marina (EXHIBIT A).

HF&H annualized residential and commercial revenue an d then applied a uniform credit percentage across each customer’s annualized billing amount needed to calculate each customer’s contribution to the surplus within each rate period. HF&H summarized the rate period 5 and rate period 6 credit by customer. Th is credit shall be applied to the customer’s current rate period 8 monthly or quarterly bill(s) until the total credit balance for each respective customer is exhausted.

Some residential and commercial customers will receive one or more months of free serv ice using the combined credit for rate periods 5 and 6. This list of credits was provided to GWR and the City to assist in the application of the credit.
1 FISCAL IMPACT:

There is no cost to the City for the refund of surplus rates collected from rate payers in Marina.

CONCLUSION:

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

Respectfully submitted,

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

Public Works Director/City Engineer
City of Marina

REVIEWED/CONCUR:

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

RESOLUTION OF THE CITY COUNCIL OF THE C ITY OF MARINA APPROVING

A CREDIT OF SURPLUS SOLID WASTE COLLECTION FEES BACK TO RATE PAYERS.

WHEREAS, the City of Marina entered into a franchise agreement with GreenWaste Recovery, Inc. (GWR) on August 19, 2014 for solid waste, recycling, and organics collection services for the period of August 1, 2015 through July 31, 2030, and;

WHEREAS, Section 8.2 of the Franch ise Agreement provides for automatic annual rate adjustments for GWR’s services calculated following either a multi-index rate adjustment methodology or a cost-based rate adjustment methodology, and;

WHEREAS, a cost-based rate adjustment was performed for rate period 5 in 2019. Adjustments to the GWR compensation resulted in rate-payer surpluses of $540,298 in rate period 5, $258,203 in rate period 6, and $175,891 in rate period 7, and;

WHEREAS, at the September 15th, 2020 meeting, City Council asked staff to analyze an equitable method of returning the surplus from rate periods 5 and 6 to the rate-payers that paid into the surplus, and;

WHEREAS, at the meeting on June 7, 2022, the City Council adopted Resolution No. 2022-75, approving an agreement between the City of Marina and HF&H Consultants, LLC (HF&H) to perform an analysis of an equitable method of crediting surplus solid waste collection fees back to rate payers, and;

WHEREAS, HF&H reviewed the July 2019 (RP5 Billing File) and July 2020 (RP6 Billing File) billing file provided by GWR for residential and commercial customers in the City of Marina (EXHIBIT A). HF&H annualized residential and co mmercial revenue and then applied a uniform credit percentage across each customer’s annualized billing amount needed to calculate each customer’s contribution to the surplus within each rate period. The list of credits was provided to GWR and the City to assist in the application of the credit.

NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Marina hereby approves a credit of surplus solid waste collection fees back to rate payers that paid for service in rate period 5 and rate period 6.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 18th day of October 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 Managing Tomorrow’s Resources Today
590 Ygnacio Valley Road, Suite 105 Robert D. Hilton, Emeritus Walnut Creek, California 94596 John W. Farnkopf, PE
Telephone: 925/977-6950 Laith B. Ezzet, CMC
Fax: 925/977-6955 Richard J. Simonson, CMC
www.hfh-consultants.com Marva M. Sheehan, CPA
Robert C. Hilton
September 22, 2022
Mr. Brian McMinn
Public Works Director
City of Marina
Sent via E-mail
Subject: Analysis of GreenWaste Recovery’s Surplus Disbursement Report Reference Number: S6040
Dear Mr. McMinn:

HF&H Consultants, LLC (HF&H) was retained by the City of Marina (City ) to assist with a n analysis and evaluation of the GreenWaste Recovery (GWR) Rate Period 5 (RP5) and Rate Period 6 (RP6) surplus in revenues. This report presents our analysis and findings.

EXECUTIVE SUMMARY
HF&H performed a Cost Based Rate Adjustmen t (CBRA) in RP5 and found that rate revenues exceeded costs of providing service to solid waste, recycling, and organics customers in the City as a result of efficiencies from GWRs service. Marina elected to hold rates at their then current levels rather than adjusting rates lower. This decision was made in anticipation of significant increased costs to provide service as a result of legislation , namely SB 1383. In 2021 HF&H and the City finished negotiations with GWR to implement programs required by SB 1383, and have reached terms with its associated costs. Upon completion of these negotiation the City identified a remaining surplus which it wished to pass on to customers in the form of a billing statement credit. HF&H’s analysis of GWR’s RP5 and RP6 surplus calculated up to a 15.24% credit on annualized RP5 billings and up to 7.40% on annualized RP6 billings.

When these credits are applied o n a customer’s current quarterly or monthly bill, some customers may receive one or more billing cycles of free service.

BACKGROUND
In 2012, the City, participating with other members of the Monterey Regional Waste Management District (MRWMD), issued a co mpetitive request for proposals for collection services and entered into the new Agreement with GWR effective July 1, 2015. The Agreement resulted in the following, related to the adjustment of rates:
• Rates are annually adjusted throughout the term of the Agreement, using various inflationary indices, actual tonnage, and changes in the tipping fees at the District, unless either the City or GWR request a Cost Based Rate Adjustment.

EXHIBIT A
4 Managing Tomorrow’s Resources Today

Mr. Brian McMinn
September 22, 2022

Page 2 of 4 ends

• A -13.99% adjustment (the result of a $540,298 surplus in revenues) to rates was calculated in the CBRA for RP5. City staff indicated a preliminary preference to freeze rates and use the rate reduction as an offset against future rate adjustments, until such time as that credit has been exhausted. • A -6.69% adjustment (the result of a $258,203 surplus in revenues) to rates was calculated in the index adjustment in RP6. City staff also indicated a preference to continue freezing the rates and use the current and RP5 reduction as an offset against future rate adjustments, until such time as all credit has been exhausted.
• A -4.62 % adjustment (the result of a $178,454 surplus in revenues) to revenues was calculated in the index adjustment in RP7. City staff continued to freeze rates and use the RP5, RP6, and RP7 reduction as an offset against future rate adjustments, until such time as all credit has been exhausted. • In 2021, the City concluded negotiations regarding additional costs for GWR to provide services to meet compliance with SB 1383. The additional costs for these services are covered under the current annual rate revenue, and as such, no additional rate increase was necessary. • A 5.82% adjustment (the result of a $224,827 deficit in revenues) to revenues was calculated in the index adjustment in RP8. City staffed elected to use half of the RP7 surplus ($89,277) in addition to a

3.10% adjustment to meet the RP8 revenue requirement. The remaining surplus balance at this time is $857,101, of which $540,298 is from RP5, $258,203 is from RP6 and $58,600 remains from RP7. • At this time, the City has requested HF&H perform an ana lysis to understand how to equitably distribute the surplus balance from RP5 and RP6 ($798,501) and to ensure that all customers that would be eligible for a potential credit against future bills are accounted for.

SURPLUS ANALYSIS AND REFUND CALCULATION
HF&H Scope of Work
HF&H performed the following steps for the surplus analysis and refund calculation:

1. Reviewed GWR’s July Billing information for RP5 and RP6 to determine the customer s and subscriptions by customer class during each rate period.

2. Applied a uniform rate decrease to the residential and commercial customers in RP5 and a separate uniform rate decrease in RP6 to reach each year’s surplus amount that would result in each year’s surplus being offset by the total credited amounts.

3. Totaled the RP5 and RP6 credit by customer to calculate each customer’s credit to be applied to future billings.

4. Calculated the quarterly residential billing credit and monthly commercial billing credit to be applied to the RP8 billings for each individual customer.

Review of Billing Data
HF&H reviewed the July 2019 (RP5 Billing File) and July 2020 (RP6 Billing File) billing file provided by GWR for residential and commercial customers in the City of Marina. Because this file represents a point in time, HF&H adjusted the billing file for customers that were pro-rated during the billing cycle to more

EXHIBIT A
5 Managing Tomorrow’s Resources Today

Mr. Brian McMinn
September 22, 2022

Page 3 of 4 ends

accurately estimate the monthly or quarterly bill each customer received for their subscribed level of service for a full month or quarter . This analysis did not review changes in subscription levels for each month of the rate period, but instead used a year over ye ar subscription approach; a customer’s subscription level in July was assumed to apply for the entire rate period. Tracking each customer’s total subscription service and billings over the 24 -month period would have required a far more substantial amount of time and cost to gain a minor change to the results of the approach.

Calculation of Credit Percentage
The total surplus to return to customers for RP5 is $540,298 and for RP6 is $258,203. To equitably return the surplus to residential and commercial cus tomers, HF&H needed to calculate each customer’s contribution to the surplus within each rate period. This calculation is performed by annualizing residential and commercial revenue and then applying a uniform credit percentage across each customer’s annualized billing amount. This methodology proportionately refunds customers based on their subscribed service, and is more equitable than a flat per customer credit. This calculation was to be performed separately for each rate period.

To calculate the uniform RP5 percentage, HF&H multiplied the residential quarterly billings by four (4) to estimate the annual billings. Then, HF&H multiplied the commercial monthly billings by twelve (12) to estimate the annual commercial billings. Finally, HF&H applied a uniform credit percentage to the annual billings until the billing differential between the projected RP5 Billings and the Discounted RP5 billings equaled the full surplus of $540,298. The same methodology was applied to the RP6 billings. A summary calculation for RP5 and RP6 is shown below in Figure 1 and figure 2.

The result of HF&H’s calculation is a 15.4% credit to RP5 billings and a 7.40% credit to RP6 billings.

Figure 1: Calculation of RP5 Surplus Credit

Figure 2: Calculation of RP6 Surplus Credit

Credit per Customer
HF&H summarized the RP5 and RP6 credit by customer . This credit shall be applied to the customer’s current RP8 monthly or quarterly bill(s) until the total credit balance for each r espective customer is A B C = A x (1-B) D = A - C
Monthly Billing Quarterly Billing Annualized Billing Credit % Discounted Revenue Surplus Credit Residential 2019 N/A 258,748$ 1,034,991$ 15.24% 877,236$ 157,755$ Commercial 2019 209,147$ N/A 2,509,761$ 15.24% 2,127,218$ 382,543$ Total 3,544,752$ 3,004,454$ 540,298$ Rate Period 5 Surplus Calculation
A B C = A x (1-B) D = A - C
Monthly Billing Quarterly Billing Annualized Billing Credit % Discounted Revenue Surplus Credit Residential 2020 N/A 265,412$ 1,061,646$ 7.40% 983,041$ 78,605$ Commercial 2020 202,140$ N/A 2,425,682$ 7.40% 2,246,083$ 179,598$ Total 3,487,328$ 3,229,125$ 258,203$ Rate Period 6 Surplus Calculation

EXHIBIT A
6 Managing Tomorrow’s Resources Today

Mr. Brian McMinn
September 22, 2022

Page 4 of 4 ends

exhausted. This list of credits was provided to GWR and the City to assist in the application of the credit.

The list has not been included as an attachment to this report to protect sensitive customer information.

Customers of good standing with GWR that received service in either RP5 or RP6 are eligible for this credit.

To apply this credit to current rate payers, HF&H calculated the RP8 quarterly and monthly bill for each customer. There was no rate increase from RP6 to RP7, and a 3.10% rate increase from RP7 to RP8. HF&H applied the combined RP5 and RP6 credit to each customer’s quarterly or monthly bill. While the current service level and therefore the percentage credit being applied to current bi lls may differ, the dollar amount will remain exact. An example customer is included below in Figure 3. Some residential and commercial customers will receive one or more months of free service using the RP5 and RP6 combined credit.

Figure 3: Example Application of Customer Credit

* * * * *

We would like to express our appreciation to GWR staff for their assistance and cooperation in this process. Should you have any questions, please call me at 925/977 -6959 or rchilton@hfh- consultants.com.

Very truly yours,

HF&H CONSULTANTS, LLC

Rob Hilton
President

A B = A x 3.10% C D E = C + D F = E / B
Customer Name RP6 Bill Est. RP8 Bill RP5 Credit RP6 Credit Combined Credit Quarterly Bill Credit John & Jane Doe 70.66$ 72.86$ 43.08 $ 20.93 $ 64.01$ 88% Credit Application to Customer's RP8 Bill

EXHIBIT A
7 October 5, 2022 Item No. 11a_

Members of the Marina City Council Meeting
City Council of October 18, 2022

CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2022-, APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH RAIMI+ASSOCIATES FOR

THE PREPARATION OF A COMPREHENSIVE GENERAL PLAN UPDATE, ENVIRONMENTAL IMPACT REP ORT (EIR), AND ZONING CODE UPDATE ;

AND AUTHORIZ E THE FINANCE D IRECTOR TO MAKE NECESSARY

ACCOUNTING AND BUDGETARY ENTRIES, AND AUTHORIZE THE CITY

MANAGER TO EXECUTE THE AGREEMENT ON BEHALF O F CITY WITH RAIMI+ASSOCIATES SUBJECT TO FINAL REVIEW BY THE CITY AT TORNEY.

THE PROFESSIONAL SERVICES AGREEMENT IS EXEMPT FROM
ENVIRONMENTAL REVIEW PER §15061(b)(3) OF THE CEQA GUIDELINES.

REQUEST: It is requested that the Marina City Council:

1. Approve a Professional Serv ices Agreement with Raimi+Associates (R+A) for t he preparation of a comprehensive General Plan Update, EIR, and Zoning Code Update in compliance with State law;

2. Authorize the Finance D irector to make necessary a ccounting a nd budgetary ent ries; 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:

At its meeting on June 21, 2022, the City Council authorized the releas e of a Requ est for Proposals (RFP) for the preparation of a comprehensive General Plan Update, EIR, and Zoning Code Update . The RFP was wid ely publicized, and thr ee (3) qualified consultants submitted proposals. Staff interviewed all three (3) on September 15, 2022, and selected Raimi+Associates (Raimi). Raimi has the team with the most experience working in Marina (Kimley Horn for traffic and Rincon for CEQA) . The Raimi team also demonstrated a deeper understanding of the issues facing Marina compared to o ther submit ted proposals and came within the requested budget of $1. 75 million (including contingency) . After further consideration and internal discussion, staff deter mined that a more robust public engagement scope and budget would be beneficial to the effort. We as ked the consultant to increase th is aspect of the budget and it is included in the exhibit.

A standard Professional Services Agreement (Agreement) for the preparation of the General Plan Update, EIR, and Zoning Code Update is included as EXHIBIT A and includes the consultant’s scope of work, schedule, budget, and insurance and liability information.

SCHEDULE: On June 21, 2022, the City Council authorized the release of a Request for Proposals (RFP) for Consultant Services to prepare a comprehensive General Plan Update and accompanying zoning code and map updates, and appropriate CEQA review. The following steps took place since the release of the RFP:

• The RFP was distributed on June 24, 2022
1 • Deadline to Submit Proposals was August 17, 2022 , 3:00 pm (department received three (3) qualified submittals)
• Interviews for all three (3) firms that submitt ed was scheduled for September 15, 2022
• Raimi was selected based on their local knowledge and experience and the use of local subconsultants (Rincon and Kimley -Horn) who have significant knowledge of the issues that are unique to the City of Marina. • Once the Update is underway, the following timeline is expected:
o Outreach meetings, workshops, online and social media information gathering and development of dra ft m aterials, fall 2022 through early 2023
o 1st Admin. GP draft early 2024
o Admin. draft EIR early 2024
o Public draft GP and EIR spring 2024
o Final EIR summer 2024, final GP early fall 2024
o Zoning ordinance and map updates in process throughout with final for adoption late 2024.

FISCAL IMPACT:

At its May 3, 2022, meeting, the City Council authorized the use of $965,000.00 of General Plan Maintenance Fee revenue for the G PU effort . The additional funding will require a budget amendment to tra nsfer th e remainder from the General Fund to the Gener al Plan accounting project (EDC 2014) and some fundi ng m ay be realized from t he Community Dev elopment Department’s increased license and permit revenues within the Building Inspection Department.

Staff has analyzed building permit revenues from commercial and residential construction and identified an incre ase in budgeted revenues for the curre nt fiscal year which will assist in offsetting the project cost.

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, 15061(b)(3) because the proposed agreement 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.

Respectfully submitted,

Alyson Hunter, AICP
Sr. 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
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

PREPARATION OF A COMPREHENSIVE GENERAL PLAN UPDATE,
ENVIRONMENTAL IMPACT REPORT (EI R), AND ZONING CO DE UPDATE ; AND

AUTHORIZE THE FINANCE D IRECTOR TO MAKE NECESSARY ACCOUNTING

AND BUDG ETARY ENTRIES AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT ON BEHALF O F CITY WITH RAIMI+ASSOCIATES SUBJECT TO FINAL REVIEW BY THE CITY ATTORNEY. THE PRO FESSIONAL

SERVICES AGREEMENT IS EXEMPT FROM ENVIRONMENTAL REVIEW PER §15061(b)(3) OF THE CEQA GUIDELINES.

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

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

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

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

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

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

WHEREAS, the City will utilize $965,000.00 generated through the General Plan Update Fee, a fee collected through the issuan ce of Building Permits , and additional funds allocated from the General Fund for an amount not to exc eed $1.4 4 million dollars with a standard 10% contingency;

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

WHEREAS, the effort described above shall be completed within the timeframe and as specified in the Scope of Work and Budg et included in Exhibits A and B, respectively, and incorporated by reference herein; and
4 Resolution No. 2022-
Page Two

WHEREAS, the approval of this Resolution authorizing a Professional Services Agreement between the consultant (Raimi+Associates) and the City of Marina is not subject to California Environmental Quality Act (CEQA) pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, 15061(b)(3) because the proposed agreement is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment.

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

1. Approve a Professional Serv ices Agreement with Raimi+Associates (R+A) for t he preparation of a comprehens ive Genera l Plan U pdate, EI R, and Zoning Code Update in compliance with State law;

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

3. Authorize the City Manager to execute the Agreement on behalf of City with R+A subject to final review by the City Attorney.

PASSED AND ADOPTED by the City Council o f the City of Marina at a regul ar meeting duly held on the 18th day of October 2022, by the following vote:

AYES, COUNCIL MEMBERS:

NOES, COUNCIL MEMBERS:

ABSENT, COUNCIL MEMBERS:

ABSTAIN, COUNCIL MEMBERS:

_________________________
Bruce C. Delgado, Mayor
ATTEST:

_________________________________
Anita Sharp, Deputy City Clerk
5 30919\002\1661156.2:101022 1
CI

TY OF MARINA

AGREEMENT FOR PROFESSIONAL SERVICES FOR URBAN PLANNING

CONSULTING
THIS AGREEMENT is made and entered into on , 2022, by an d 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 d
esires to retain Contractor to prepare a comprehensive General Plan Update (GPU), Environmental Impact Report (EIR), and Zoning Code update 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.

C. Cont
ractor 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.

D. C
ity 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 Contr actor agree to the following terms and conditions:

1. Scope of Work.
(a) Contractor is hereby hi red 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 perf orm 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 f ails 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 expe nses thereby incurred.
(c) If services under this Agreement are to be performed by a design professional, as that term is defined in California Civil Code §2782. 8(b)(2), design professional certifies that all design professional services shall be provided by a person or persons duly licensed by the State of California to provide the type of services described in Section 1(a). By delivery of completed work, design professional certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws, and the professional standard of care in California. (d) Co
ntractor is responsible for m aking an independent evaluation and judgment of all

EXHIBIT A
6 rel
evant conditions affecting perfor mance of the work, inc luding without limitation site conditions, existing facilities, soils, hydrologic, geographic, climatic conditions, applic able 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. Te rm 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, 2025, unless extended by am endment 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 Ag reement 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 November 1, 2022. This Agreement may be extended upon w ritten 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 million seven hundred-fifty thousand dollars ($1,750,000) including a ten percent contingency 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 Ci
ty’s Finance Department for payment. City shall notify Contractor o f exceptions or disput e 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.
7 (c) Contractor will maintain clearly identif iable, co mplete and accurate records with respect to all costs incurred under this Agreement on an industry recognized accounting basis.

Contractor shall make available to the representative of City all such books and records related to this Agreement, and the right to examine, copy and audit the same during regular business hours upon 24-hour’s notice for a period of four years from the date of final pa yment under th is 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 comp letion 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 reimbursed 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 ot her 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 ti me 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 affected by the City, the equitable adjustment shall include a reasonable profit for services or other work performed. T he 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. P roject Administrator, Project Manager & Key Personnel.

(a) City designates as its Project Adm inistrator Guido Persicone, Community Development Director , who shall have the authority to act for the City under this Agreement.

The Project Adm inistrator or his/her authorized representative shall represent the City in all matters pertaining to the work to be performed pursuant to this Agreement. 8 (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 u pon written request of City. Contractor has represented to City that certain k ey personnel will perform and coordina te the work under this Agreement. Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least eq ual 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, em ployees or firms having applicable expertise to assist Contractor in performing the services under this Agreement, Contractor shall obtain Ci ty’s prior written approval to such em ployment. Contractor’s c ontract with any subcontractor shall contain a provision making the subc ontract subject to all provisions of this Agreement. Contractor will be fully responsible and liable for the payment, administration, completion, presentation and quality of all work performed. City reserves its right to em ploy 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 employ ees.

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 de sign professional if not adequately corrected by the design professional. Use of the term subcontractor in any o ther 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 em ployees or agents providing services under this Agreement possess the requisite skill, training, and experience to properly perform such services.

8. C onfidential and Proprietary Information. In the course of per forming services under this Agreement Contractor m ay obtain, receive, and review confidential or proprietary docum ents, information or mat erials that are and shall re main 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 pr oprietary information or materials shall not be pr ovided or disclosed in any manner to any of Con tractor’s other clients, or to any ot her third party, w ithout the City’s prior express written consent.
9 9. O wn ership of Data. Unless otherwise provided for herein, all documents, material, data, drawings, plans, specifications, computer data files, basis for de sign calculations, engineering notes, GIS files, and reports originated and prepared by Contra ctor, 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 C ity. Contractor shall provide two (2) sets of reproducibles of the above- cited items, except for the com puter 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 wi ll be compat ible 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 a pplication packages, operating sy stems or computer hardware differing from those in use by the City at the commenc ement of this Agreement.

Contractor shall b e per mitted to maintain copies of all such data for its files. City acknowledges that its use of the work product is lim ited to the purposes conte mplated 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 i ndirectly, which would conflict in any m anner with the interests of the City or which would in any way hinder C ontractor’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 em ployed by it as an officer, employee, agent or subcontra ctor without the express written consent of the City Manager. Contractor agrees to at all times av oid 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 an y discussion or negotiation.

(b) City und erstands and acknowledges that Contractor m ay be, as of the date of commencement of services under this Agreement, independently involved in the perform ance 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 i ndirect, 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.

10 12. No n -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 a llow harassment, against any em ployee or applicant for em ployment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), medical condition (including cancer), age, m arital 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 or ganizations with which it has a collective bargaining or other agreement.

(b) Contractor shall include the nondiscrim ination 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) be low, and to the full extent perm itted by law, Contractor shall indemnify, defend (with independent counsel reasonably acceptable to the City ) and hold harm less City, its Council, boards, commissions, e mployees, officials and agents (“Indemnified Parties” or in the singular “Indemnified Party”) from and against any claims, losses, dama ges, penalties, fines and judgm ents, 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 Contra ctor, its officers, employe es, agents and sub- contractors. The Contractor’s obligation to indemn ify 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 com parative active negligence or willful misconduct of an Indemn ified 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 harmless the Indemnified Parties from any and all losses, costs, damages and expenses, (including the r eimbursement 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 l aw (i ncluding 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) a nd 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 om issions of an officer, employ ee, 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.

11 (c) All obligations under this section are to be paid by Contractor as incurred by City.

The provisions of this Section are not li mited by the provisions of sections relating to insurance including provisions of any worker’s compensati on act or si milar act. Co ntractor 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 ea ch and every subcontractor, sub tier contractor or any other person or entity involved by, for, with or on be half of Contractor in the performance or subject matter of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as r equired 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 m atters against which the Contractor h as agreed to defend the Indemnif ied Party, as provided above, Contractor, upon no tice 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 th e 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 m aintain 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 sh all furnish the City with orig inal certificates of insurance, signed digitally by a person authorized by that insurer to bi nd coverage on its behalf, along with copies of all required end orsements. All certificates and endorsements mu st be received and approved by the City before any work commences. All insurance policies shall be subject to approval by the City Attorney and Risk Manager as to form and content. Specifically, such insurance shall: (1) protect City as an additional insured for commercial general and business auto liability; (2) provide City at least thirty days written notice of cancellation, material reduction in coverage or reduction in limits and ten days written notice for non-paym ent 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 cha nge should result in subs tantial addit ional c ost of the Contractor, City agrees to negotiate additional compensation proportional to the increased benefit to City.

(c) All required insurance mu st 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 i ndicating a good faith effort to place the required insurance and showing as a m inimum the names of the insurance carriers and the declinations or quotati ons received from each. Within the foregoing constraints, Contractor’s failure to procure or maintain required insurance during the entire term of this 12 Agreement shall constitute a mat erial breach of this Agreement under which City may immediately suspend or terminate this Agreement or, at its discretion, proc ure or renew such insurance to protect City’s interests and pay any and all premium in connection therewith and recover all monies so paid from Contractor.

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

15. Independent Contractor. The parties have reviewed and considered the principal test and secondary factors herein and agree that Contractor, its o fficers, employ ees 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.

P
rincipal 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 th e 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. Cl
ai ms for Labor and Materials. Contractor shall promptly pay when due all amounts payable for labor and m aterials furnished in the perf ormance 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 he reunder, 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 a pply 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.

13 19. D ispute 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 pa rties.

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 m atter not resolved by m ediation) to submit their dispute to arbitration. Before commencement of the arbitration, the parties may elect to have the arbitration proceed on an informal basi s; however, if the parties are unable so to agree, then the arbitration shall be conducted in accordance with the rules of the American Arbitration Association. The decision of the arbitrator shall be 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 comp ly with all applicable laws of the United States of A merica, the State of California and the City including but not limited to laws regarding health and safety, labor and em ployment, wage a nd 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 comp ly 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 L icense 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 dir ectly or by operation of law, without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer.

22. Notices. All notices required or permitted to be gi ven under this Agreement shall be in writing and shall be pers onally delivered, sent by facsimile (“f ax”) or certified m ail, pos tage 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
1900 Addison St Suite 200
Berkeley, CA 94704
Phone: (510) 666-1010
14 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. Am e nd ments, Changes or Modifications. This Agreement is not subject to amendment, change or modification except by a writing signed by the authorized representatives of City and Contractor.

24. Force Majeure. Notwithstanding any ot her 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 st rictly 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.

15 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 m ay 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.

33. Ti me.

Time is of the essence in this contract.

34. Exhibits . I n 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 m atters as set forth in this Agre ement, 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: Matt Raimi
Its: City Manager Its: Founding Principal | CEO, Raimi+Associates Date: ______ Date: ________________
16 Attest: (Per Resolution 2022-__)

___________________________
Deputy City Clerk

Approved as to form:

By:

City Attorney
17 Exhibit A – Scope of Work

18 1
Exhibit A: Scope of Work
Task 1: Project Initiation
Task 1.1: Kick-Off Meeting
‐
Task 1.2: Project Schedule/Work Plan
Task 1.3: Data Collection and Analysis
Task 1.4: Base Maps
Task 1 Deliverables
•
•
•
•
19 2
Task 2: Community Engagement
Task 2.1: Engagement Plan
•
•
•
•
•
•
•
•
Task 2.2: Logo and Branding
Task 2.3: Project Website
Task 2.4: Initial Community Outreach
•
•
•
20 3
•
•
•
Task 2.5: Stakeholder Interviews and Meetings
Task 2.6: General Plan Advisory Committee (GPAC) Meetings •
•
•
•
•
•
•
Task 2.7: Community Workshops
21 4
•
•
•
•
Task 2.8: Online Engagement + Surveys
Task 2.9: Environmental Justice Engagement
•
•
•
Task 2.10: Economic Development Engagement
Targeted Stakeholder Interviews
22 5
Task 2.11: Spanish Translation and Interpretation
•
•
•
•
•
•
•
Task 2 Deliverables
•
•
•
•
•
•
23 6
•
•
•
•
Task 3: Discovery (Existing Conditions)
Task 3.1: Existing Plans Assessment
Task 3.2: Existing Conditions Report
•
•
•
•
•
•
•
•
•
24 7
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
25 8

Task 3.3: Baseline Traffic Analysis
•
•
•
•
Task 3.4: Economic and Real Estate Market Assessment
Economic Development Analysis
Socioeconomic Trends
26 9
Economic Drivers and Trends
Real Estate Market Assessment
Residential
Office and Industrial/Flex
27 10
Retail
Hotel
Task 3.5: Environmental Justice Report
•
•
•
•
•
•
•
•
28 11
Task 3.6: Existing General Plan Audit
Task 3 Deliverables
•
•
•
•
•
•
Task 4: Visioning
Task 4.1: Vision + Guiding Principles
Task 4.2: Vision Map and Areas of Potential Change
Task 4.3: City Council and Planning Commission (Joint Meeting) – Existing Conditions and Visioning
Task 4 Deliverables
•
•
•
29 12
Task 5: Alternatives and Policy Development
Task 5.1: Land Use/Place Type Designations
Task 5.2: Develop Land Use Alternatives
•
•
•
•
Task 5.3: Key Policy Direction
•
•
•
30 13
•
•
Task 5.4: Land Use Alternatives Analysis
•
•
•
•
•
•
•

Task 5.5: Alternatives Briefing Book
Task 5.6: Transportation Analysis of Alternatives (LOS) 31 14
•
•
•
•

Task 5.7: Transportation Analysis of Alternatives (VMT) Task 5.8: City Council and Planning Commission – Alternatives Review and Selection Task 5.9: Preferred Land Use Alternative
32 15
Task 5.10: Growth Projections
Task 5.11: Emergency Evacuation Analysis
Task 5.12 LCP Integration and LAFCO Strategy
Task 5 Deliverables
•
•
•
33 16
•
•
•
•
•
•
•
Task 6: General Plan
Task 6.1: General Plan Outline
Task 6.2: Layout + Design
Task 6.3: Draft Goals and Policies
•
•
•
34 17
•
•
•
•
•
•
•
•
35 18
•
•
•
•
•
•
•
36 19
•
•
•
•
•
•
•
•
•
•
•
•
37 20
•
•
•
•
o
o
o
o
Task 6.4: Administrative Draft General Plan
38 21
Task 6.5: Screencheck Draft General Plan
Task 6.6: Public Draft General Plan
Task 6 Deliverables
•
•
•
•
•
•
•
•

Task 7: CEQA
39 22
Task 7.1: CEQA Kickoff Meeting
Task 7.2: Notice of Preparation
Task 7.3: Project Description
40 23
Task 7.4: Scoping Meeting
Task 7.5: Administrative Draft EIR
Executive Summary
41 24
•
•
•
•
•
•
•
Introduction and Environmental Setting
Project Description
Analysis, Impacts, and Mitigation Measures
•
•
•
•
42 25
Alternatives Analysis
Cumulative Impacts
Other CEQA Sections
Proposed Approach to Technical Issues
43 26
 Mineral Resources  Wildfire
 Aesthetics
 Agriculture and Forestry
Resources
 Air Quality
 Biological Resources
 Cultural Resources
 Energy
 Geology and Soils
 Greenhouse Gas Emissions
 Hazards and Hazardous Materials
 Hydrology and Water Quality
 Land Use and Planning
 Noise
 Population and Housing
 Public Services
 Transportation
 Tribal Cultural Resources
 Utilities and Service Systems
•
•
•
44 27
•
•
•
•
•
•
•
•
•
•
45 28
•
•
46 29
47 30
Task 7.6: Screen check Draft EIR
48 31
Task 7.7: Public Draft EIR
Task 7.8: Response to Comments and Administrative Final EIR Task 7.9 Mitigation Monitoring and Reporting Program
•
49 32
•
•
•
Task 7.10: Final EIR
Task 7.11: CEQA Findings and Statement of Overriding Considerations Task 7.12: AB 52 and SB 18 Consultation Assistance
50 33
Task 7.13: Administrative Record
Task 7.14: Legal Review
Task 7 Deliverables
•
•
•
•
•
•
•
•
•
•
•
•
•
•
•
51 34
Task 8: Plan Review and Adoption
Task 8.1: Matrix of General Plan Comments
Task 8.2: Adoption Hearings
Task 8.3: Final General Plan
Task 8 Deliverables
•
•
•
Task 9: Targeted Zoning Code Update
Task 9.1: General Plan Consistency Analysis and Recommendations Memo Task 9.2: Update to the Zoning Map
52 35
Task 9.3: Targeted Zoning Code Update
•
•
•
•
•
•
•
•
Task 9 Deliverables
•
•
•
•
•
53 36

Task 10: Project Management
Task 10.1: Project Management and Meetings
Task 10 Deliverables
•

54 37
Proposal Assumptions
•
•
•
•
•
•
•
o
o
o
o
o
o
o
55 38
o
o
o
o
o
•
•
•
•
•
•
o
o
o
o
o
o
o
o
56 39
o
57 Exhibit B1: Marina GP and EIR Budget Summary
Labor Cost Per Task
Task 1: Project Initiation $26,072
Task 2: Community Engagement $295,326
Task 3: Discovery $183,699
Task 4: Visioning $20,110
Task 5: Alternatives and Policy Development $194,429
Task 6: General Plan $230,207
Task 7: Environmental Impact Report $210,826
Task 8: Plan Review and Adoption $28,082
Task 9: Zoning Code Update $147,500
Task 10: Project Management $107,068
Expenses (Summarized) $144,709
Total $1,588,028
Contingency (10%) $158,803
Total With Contingency $1,746,831
Total without Task 2.12: On Call Engagement $1,433,528
58 Exhibit B2: Marina General Plan and Zoning Code Budget Hours per Task
Principal
(Raimi)
Principal
(Malhotra/Y
urkovich)
Associate
(Reinhalter)
Senior
Planner/
Project
Manager
(Stark)
Intermediate
Planner
(Zayas Del
Rio; Wences)
Graphic
Designer
(Ledezma)
Principal
II/Director
II
Principal
I/Director I
Senior
Profession
aI II

Profession
al IV

Profession
al III
Technical
Editor

Production
Specialist
Senior GIS Clerical
Senior
Profession
al
Senior
Profession
al
Senior
Profession
al

Profession
al
Analyst Support
Staff
Senior
Technical
Support 1
Senior
Technical
Support 2
Principal Advisor Senior
Associate Associate Production
Staff
Labor Cost
Per Task
Task 1: Project Initiation

1.1 Kick-Off Meeting 4 4 8 16 4 2 2 2 4 4 10,436

1.2 Project Schedule/Work Plan 2 8 1 2,084

1.3 Data Collection and Analysis 8 20 10 8 20 11,452

1.4 Base Maps 4 4 4 2,100 Subtotal Task 1 6 - 8 28 40 - - - 15 8 - - - 20 - 2 2 - - 2 - - - 4 - 4 - - 26,072 Task 2: Community Engagement

2.1 Engagement Plan 2 4 16 3,660

2.2 Logo and Branding 4 16 2,680

2.3 Project Website 4 8 12 40 9,020

2.4 Initial Community Outreach 24 3,720

2.5 Stakeholder Interviews 4 16 4 4,056

2.6 GPAC Meetings (8x) 36 90 90 38,250

2.7 Community Workshops (4x) 20 30 80 136 32 6 2 12 54,960

2.8 Online Engagement and Surveys 2 4 8 32 16 9,620

2.9 Environmental Justice Engagement 4 40 6,880

2.10 Economic Development Engagement 16 - 16 - 8,000

2.11 Spanish Translation/Interpretation 16 16 4,480

2.12 On-Call Engagement (optional) 100 110 160 360 160 150,000 Subtotal Task 2 160 - 148 362 742 280 - - 4 - - - - - - 6 2 - - 12 - - 16 - 16 - - 295,326 Task 3: Discovery

3.1 Existing Plans Assessment 8 8 4 12 5,896

3.2 Existing Conditions PPT 8 8 40 24 100 20 6 12 20 60 20 4 7 10 42 70,653

3.3 Baseline Traffic Analysis 6 2 96 24 60 50,760

3.4 Economic and Real Estate Market Assessment 46 4 60 50 3 36,830

3.5 Environmental Justice Report 4 8 80 14,760

3.6 Existing General Plan Audit 10 20 4,800 Subtotal Task 3 12 8 48 50 200 20 - 6 16 20 72 - - 20 - 10 9 106 24 102 - - 46 4 60 50 3 183,699 Task 4: Visioning

4.1 Vision and Guiding Principles 4 24 40 11,280

4.2 Vision Map and Areas of Potential Change 4 8 8 3,840

4.3 City Council and Planning Commission (joint) 10 8 1 1 2 4,990 Subtotal Task 4 14 4 8 32 48 - - - - - - - - - - 1 1 - - 2 - - - - - - - - 20,110 Task 5: Alternatives and Policy Development

5.1 Land Use/Place Type Designations 4 4 16 4,280

5.2 Develop Land Use Alternatives 8 8 32 40 100 32,700

5.3 Key Policy Direction 4 12 24 24 8 18 6 8 4 1 20,584

5.4 Land Use Alternatives Analysis 16 60 12,500

5.5 Alternatives Briefing Book 4 8 8 40 8 11,160

5.6 Transportation Analysis of Alternatives (LOS) 1 20 16 60 21,455

5.7 Transportation Analysis of Alternatives (VMT) 7 24 72 35,165

5.8 City Council and Planning Commission 10 8 4 2 1 2 5,885

5.9 Preferred Land Use Alternative 4 16 8 8 6,800

5.10 Growth Projections 4 16 24 6 9,330

5.11 Emergency Evacuation Analysis 6 12 18 40 1 5 16 24 24,370

5.12 LCP Integration and LAFCO Strategy 30 10,200 Subtotal Task 5 30 16 104 88 272 12 - 6 20 36 - - - 40 - 11 25 97 38 86 - - 30 6 - 8 4 1 194,429 Task 6: General Plan

6.1 General Plan Outline 8 1 1 1,754

6.2 Layout and Design 4 16 2,680

6.3 Draft Goals and Policies 8 16 16 40 4 14 32 60 8 12 12 6 4 10 4 50,804

6.4 Admin Draft General Plan 16 40 80 160 6 20 32 120 9 2 24 4 8 26 25 80 40 28 46 12 3 150,319

6.5 Screencheck Draft General Plan 2 12 130 18,790

6.6 Public Draft General Plan 2 8 32 5,860 Subtotal Task 6 28 - 56 128 200 178 - 10 35 64 181 9 2 24 - 12 20 26 37 80 - 40 - 34 4 56 16 3 230,207 Task 8: Plan Review and Adoption

8.1 Matrix of General Plan Comments 8 20 4,460

8.2 Adoption Hearings 12 24 12 10,500

8.3 Final General Plan 4 16 40 2 8 12 13,122 Subtotal Task 8 16 - - 48 20 40 - 14 8 - 12 - - - - - - - - - - - - - - - - - 28,082 Task 9: Targeted Zoning Code Update

9.1 GP Consistency Analysis and Recommendations Memo 24 24 16 40 19,720

9.2 Update to the Zoning Map 24 24 24 60 24,180

9.3 Targeted Zoning Code Update 60 80 120 240 120 103,600 Subtotal Task 9 - 108 128 160 340 120 - - - - - - - - - - - - - - - - - - - - - - 147,500 Task 10: Project Management

10.1 Project Management and Meetings 36 24 120 40 46 87 24 16 8 - - 8 10 10 32 32 8 107,068 Subtotal Task 10 36 - 24 120 40 - - 46 87 - - - - - 24 16 8 - - 8 10 10 - 32 - 32 8 - 107,068 Total Hours 302 136 524 1,016 1,902 650 - 82 185 128 265 9 2 104 24 58 67 229 99 292 10 50 30 138 8 176 78 7 Billing Rate $250 $250 $200 $170 $155 $125 $295 $285 $224 $184 $170 $130 $105 $164 $95 $395 $375 $325 $235 $180 $145 $210 $340 $285 $310 $215 $185 $110 Labor Cost $75,500 $34,000 $104,800 $172,720 $294,810 $81,250 $0 $23,370 $41,440 $23,552 $45,050 $1,170 $210 $17,056 $2,280 $22,910 $25,125 $74,425 $23,265 $52,560 $1,450 $10,500 $10,200 $39,330 $2,480 $37,840 $14,430 $770 Total Firm Labor Cost $763,080 $154,128 $220,435 $94,850 $1,232,493

EXPENSES (MND)
Mileage and Travel Expenses 15,000$ 10,000$ 2,000$ 3,650$ 30,650$ Project/Sub Management (7%) 48,078$ 48,078$
Translation and Interpretation Services 20,000$ 20,000$ Document Printing and Misc Expenses 1,500$ 1,500$ Data Purchase/Traffic County 15,000$ 15,000$
Office Expenses (Phone, Fax, Copies, etc.) 22,892$ 22,892$ Total Expenses 105,970$ 10,000$ 17,000$ 5,150$ 138,120$ TOTAL PER FIRM $869,050 164,128$ 237,435$ 100,000 $

GRAND TOTAL
Contingency (10%) $137,061
Rincon
$1,370,613
EPSRaimi + Associates Kimley-Horn
59 Exhibit B3: Marina EIR Budget
Hours per Task
Principal
I/ Director
I
Senior
Supervisor
Planner II
Senior
Profession
al I

Profession
al III

Profession
al II
Technical
Editor

Production
Specialist
Senior GIS Clerical Labor Cost
Per Task
Task 7: Environmental Impact Report (EIR)

7.1 CEQA Kickoff Meeting 2 6 $1,818

7.2 Notice of Preparation 1 1 4 2 1 $1, 596

7.3 Project Description 2 6 12 8 $5,170

7.4 Scoping Meeting 3 8 4 2 1 $3,554

7.5 Administrative Draft EIR 18 60 150 100 400 16 12 24 16 $138,806

7.6 Screencheck Draft EIR 4 8 6 20 2 $7,212

7.7 Public Draft EIR 6 8 12 20 12 $9, 734

7.8 Response to Comments and Administrative Final EIR 4 12 20 30 4 $12,046

7.9 Mitigation Monitoring and Reporting Program (MMRP) 1 6 6 12 $4,389

7.10 Final EIR 2 6 16 20 6 6 $8,798 Considerations 2 5 16 $3,261

7.12 AB 52 and SB 18 Consultation Assistance 4 4 14 2 $4, 542

7.13 Administrative Record 2 8 32 2 $7,320

7.14 Legal Review 10               $2,580
Subtotal Task 7 49               70               225             190             543             32               34               38               28               210,826 Total Hours 49               70               225             190             543             32               34               38               28 Billing Rate $285 $258 $208 $170 $153 $130 $105 $164 $95 Labor Cost $13,965 $18,060 $46,800 $32,300 $83,079 $4,160 $3,570 $6,232 $2,660 Total Firm Labor Cost $210,826
EXPENSES (EIR)
Mileage and Travel Expe nses 264$           264$
Project/Sub Management (7%) ‐$           ‐ $
Document Printing and Misc Expenses ‐$
Translation ‐$
Data Purchase/Traffic County ‐$
Office Expenses (Phone, Fax, Copies, etc.) 6,325$       6,325$ Total Expenses 6,589$       6,589$
Grand Total $217,415
Contingency (10%) $21,742
Rincon
60 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 amend, supplement or endorse the existing coverage to do so. Contractor shall furnish the City with original certificates of insurance, manually autographed in ink by a person authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by the City before any work commences. The City reserves its right to require complete, certified copies of all required insurance policies at any time. The following coverage will be provided by Contractor and maintained on behalf of the City and in accordance with the requirements set forth herein.

Commercial General Liability (primary). Commercial general liability insurance covering Contractor ’s operations (and products where applicable) is required whenever the City is at risk of third party claims which may arise out of Contractor ’s work or presence on City premises. Contractual liability covera ge 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 a ggregate. 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 o f the City. Coverage shall not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall contain no contractors’ limitation endorsement. There shall be no endorsement or modification limiting the scope of coverage for liability arising from pollution, explosion, collapse, underground property damage or employment-related practices.

Umbrella Liability Insurance. Umbrella liability insurance (over primary) shall apply to bodily injury/property damage, personal injury/advertising injury, contractual liability and completed operations at a minimum, and shall be in an amount of not less than two mi llion 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 underlying 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 61 simple commuting unless City is paying mileage. However, compliance with California law requiring auto liability insurance is a contractual requirement.

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

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

Errors and Omissions/Professional Liability. Errors and Omissions or profess ional liability 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 exist ing policy; (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 other sections and provisions of this Agreement to the extent that any other section or provision conflicts with or impairs the provisions of this Exhibit.

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

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

d) Requirements of specific coverage features or limits contained in this Exhibit are not intended 62 as a limitation on coverage, limits or other requirements, or a waiver of any coverage normally provided by any i nsurance. Specific reference to a given coverage feature is for purposes of clarification only and is not intended by any party to be all inclusive, or to the exclusion of other coverage, or a waiver of any type.
e) For purposes of insurance coverage only, this Agreement will be deemed to have been executed immediately upon any party hereto taking any steps that can be deemed to be in furtherance of or toward performance of this Agreement.

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

g) 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 considered 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 o f certificate(s) of insurance 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 right to charge back to City the cost of insurance required by this Agreement. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor contracts with on behalf of City, will be submitted to City for review. Contractor acknowledges that such contracts or agreements may require modification if the insurance 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 63 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 such claim or claims if they are likely to involve the City.

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 attri butable 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, employees, 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 t hat 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.

64 October 13, 2022 Item No. 11b

Honorable Mayor and Members City Council Meeting
of the Marina City Council of October 18, 2022

CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 202 2-,

RECEIVING A PRESENTATION ON THE LOCATION, LANDSCAPE

FEATURES, AND AMENITIES FOR THE PLACEMENT OF THE

MARTIN LUTHER KING SCULPTURE DONATED TO THE CITY BY

THE PA IGE FAMILY , AND APPROVING THE ADVERTISING AND

CALL FOR BIDS FOR THE EXECUTION OF THE MARTIN LUTHER

KING SCULPTURE PROJECT

REQUEST:

It is requested that the City Council consider adopting Resolution No. 2022-:

1. receiving a presentation on the location, landscape features, and amenities for the placement of the Martin Luther King sculpture donated to the City by the Pa ige family (EXHIBIT A); and

2. approving the advertising and call for bids for the execution of the Martin Luther King Sculpture project.

BACKGROUND:

The Martin Luther King s culpture was commissioned by artist Barringt on McClean and then donated to the City by Leonard and Carrie Paige in a ceremony with Mayor Jim Perrine in 2002.

Since that time the sculpture was first displayed in a sculpture garden near the entrance road into the Marina Ai rport. In 2008 the s culpture and sculpture garden were removed and placed into storage at the Marina Airport.

At a Special City Council meeting in June 2020 the City Council acknowledged receipt of funds from private citizens and the Marina Foundation to assistant with raising fund s for restoring the sculpture and replacing broken pieces of the sculpture garden, with the City also participating in contributing funds.

The sculpture has now been fully restored by the artist, Barrington McClean and its attached panels have been restored by Art Monuments in Hayward. The restoration work was paid fully from donation funds by the Marina community.

The City Council directed that city staff work with the Recreation and Cultural Services Commission to identify potential sites for the location of the sculpture and make a recommendation back to the C ity Council. They were also directed to solicit community input on other possible sites for consideration.

The members of the Recreation and Cultural Services Commission conducted site vis its in and around the city. These included a site at the MST transit hub, DiMaggio Park and Locke Padden Park. Following the site visits the Recreation and Cultural Services Commission met, received community input, and unanimously recommended the Locke P addon Park site. While the amphitheater location was discussed as a preferred location, the Commission was open to the overall Locke Paddon library site location.
1 Follow up contact was made with Rafael Payan CEO of Monterey County Regional Park District (MPRPD) to ensure that he and his staff and legal team would support the placement of this sculpture at this site. Concurrence was provided.

The locations recommended by the Recreation and Cultural Services Commission were presented at the July 20, 2021 City Council. City Council received public input and directed staff to develop details on cost and potential amenities that incorporate ADA accessibility.

On February 15, 2022, the City Council passed Resolution No. 202 2-22 receiving a presentation on the location, landscape features, and amenities for the placement of the Martin Luther King sculpture donated to the City by the Paige family; giving staff direction to proceed to develop the sculpture between the library and the oak woodland project area; incorporate proper lighting and native drought resistant plants into the project; and secure written commitment from the MPRPD to permanently retain this sculpture at this site.

ANALYSIS:

Staff engaged the Wallace Group throu gh the existing on -call contract to develop plans for the siting, amenities and accessibility of the sculpture near the library. Bianca Koenig, landscape architect, will present the plans for City Council consideration which are nearing completion and ready for permit review.

Should City Council approve advertising and a call for bids for the construction of the Martin Luther King Sculpture project , staff will solicit bids and return to City Council with a recommendation for award of a construction contract. Staff will endeavor to expedite the bidding and contracting process with the goal of having a groundbreaking in January of 2023.

Staff is continuing to coordinate with MPRPD to secure a written commitment to permanently retain this sculpture at this site and expect to receive it prior to awarding of a construction contract.

FISCAL IMPACT:

The City Council allocated and appropriated $250,000 from the General Fund in the FY 2021 - 2022 Capital Improvement Program budget which is the funding source for the project.

CONCLUSION:

This request is submitted for City Council consideration and action.

Respectfully submitted,

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

Public Works Director & City Engineer
City of Marina

REVIEWED/CONCUR:

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

A RESOLUTION OF THE CITY COUNCIL OF MARINA RECEIVING A PRESENTATION

ON THE LOCATION, LANDSCAPE FEATURES, AND AMENITIES FOR THE

PLACEMENT OF THE MARTIN LUTHER KING SCULPTURE DONATED TO THE CITY

BY THE PAIGE FAMILY AND APPROVING THE ADVERTISING AND CALL FOR BIDS

FOR THE EXECUTION OF THE MARTIN LUTHER KING SCULPTURE PROJECT

WHEREAS, the Martin Luther King sculpture was commissioned by artist Barrington McClean and then donated to the City by Leonard and Carrie Paige in a ceremony with Mayor Jim Perrine in 2002. Since that time the sculpture was first displayed in a sculpture garden off of the entrance road into the Marina Airport; and

WHEREAS, in 2008 the sculpture and sculpture garden were removed and placed into storage at the Marina Airport; and

WHEREAS, at a Special City Council meeting in June 2020 the City Council acknowledged receipt of funds from private citizens and the Marina Foundation to assistant with restoring the sculpture and replacing broken pieces of the sculpture garden, with the City also participating in contributing funds; and

WHEREAS, the sculpture has now been fully restored by the artist, Barrington McClean and its attached panels have been restored by Art Monuments in Hayward. The restoration work was paid fully from donation funds by the Marina community.; and

WHEREAS, the members of the Recre ation and Cultural Services Commission conducted site visits in and around the city. These included a site at the MST transit hub, DiMaggio Park and Locke Padden Park. Following the site visits the Recreation and Cultural Services Commission met, received community input, and unanimously recommended the Locke Paddon Park site.

While the amphitheater location was discussed as a preferred location, the Commission was open to the overall Locke Paddon library site location; and

WHEREAS, the locations reco mmended by the Recreation and Cultural Services Commission were presented at the July 20, 2021 City Council. City Council received public input and directed staff to develop details on cost and potential amenities that incorporate ADA accessibility; and

WHEREAS, on February 15, 2022, the City Council passed Resolution No. 2022-22 receiving a presentation on the location, landscape features, and amenities for the placement of the Martin Luther King sculpture donated to the City by the Paige family; giving staff direction to proceed to develop the sculpture between the library and the oak woodland project area; incorporate proper lighting and native drought resistant plants into the project; and secure written commitment from the MPRPD to permanently retain this sculpture at this site; and

WHEREAS, plans are ready to submit for permit issuance and construction bidding.

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

1. Receive a presentation on the location, landscape features, and amenities for the placement of the Martin Luther King sculpture donated to the city by the Paige family; and

2. approve the advertising and call for bids for the execution of the Martin Luther King Sculpture project.

3 Resolution No. 2022-
Page Two

PASSES AND ADOPTED, by the City Council of the City of Marina at a regular meeting duly held on the 18th day of October 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 Martin Luther King Jr.

Sculpture Project
City of Marina • 10.18.2022
5 February 15, 2022
Site 1 at Front of Library
Concept
Approval
6 Updates
● T opographic Survey
● Construction Documentation
○ Planting
○ Irrigation
○ Structural
○ Hardscape and Materials
○ Grading and Drainage
○ Stormwater Protection
○ Electrical
● Preliminary Permit Review
7 8
Materials
Stone Veneer/Paving
Hollister Granite
Pavers
Catalina Grana
Benches
Ipe
Furnishings/
Lighting
Onyx Powder
Coat
9 Materials
10 Artist Rendering
11 Schedule
12 10.18.22
City Council Mtg.

Nov/Dec 2022
Bidding/Permitting
Jan/Feb 2023
Groundbreaking
Mar-July 2023
Construction
July/Aug 2023
Ribbon Cutting
13 Thank you
Bianca Koenig
[email protected]
14 October 11, 2022 Agenda Item: 11c
Honorable Mayor and Members City Council Meeting
of the Marina City Council October 18, 2022
CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 20 22–

APPROVING DRAFT REVISIONS TO T HE 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; AND AUTHORIZE THE CITY MANAGER TO

EXECUTE THE REVISED AGREEMENT ON BEHALF OF THE CITY

SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY

ATTORNEY
RECOMMENDATION:

It is recommended that the City Council consider:

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

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

The property at 5th Avenue and 9th Street known as the “Marina Equestrian Center Park” ( “MEC Park”) was conveyed to the City of Marina (“City”) by Quitclaim Deed from the Department of the Interior of the U.S. Government, acting by and through the Director, 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 P arks P rogram”) a public benefit conveyance program . The City paid no consideration to the federal government for the land and continued public ownership is mandatory as the lan d 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 of revenue 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.

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.

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.

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. 1 The City Council directed that a second POU be prepared to replace the original POU adopted in 1998 which received NPS acceptance. A n 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 attached as EXHIBIT B. 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 C. 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 is sue 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 o n Janu ary 4, 2021 . The proposing concessionaires were Chaparral Country Corporation, Inc. (“Chaparral”); MEA; a nd Fort Ord Equine Foundation. Staff recommendations were presented at a specia l City Council meeting held on August 31st, 2021. At the meeting, City Council 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. The Resolution took the following actions: approv ed Chaparral as the most qualified re spondent to t he 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; directed 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.

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 D, 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 trul y 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 move 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 o f 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. 2 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 Agre ement. This allowed for the completion of an inventory of the facilities and equipment that will be made available to the concessionaire under the draft agreement.

At the September 7 th, 2022 City Council meeting staff presented a draft concession agreement that had been reviewed by the NPS which granted concurrence on the language. City C ouncil adopted Resolution 2022-113 accepting the agreement with Chaparral and directing the staff to do the following:

1. Give notice the MEA by the 10th of September to vacate within 90 days.

2. To visit and do an appropriate inventory of all items after MEA has vacated.

3. To increase the base rent once the improvements are completed by year 2, that rent should be kept in line with some type of an index and should never fall below fair rental value after the first six months.

4. Include historic preservation of the buildings to highlight their historic importance.

5. Part of the term 11d describes the responsibility of the City for improvements. The agreement should also describe the improvements to be made by the concessionaire in detail, and with a timeline.

6. Require prevailing wages for all building work within the concessionaire area.

7. Include terms that ensure that the parking lots will be useable by all park visitors.

8. Ensure that the park will be available for volunteer led events and encourage the participation of volunteers in park programming.

9. The agreement shall include a material breach term and actions upon discovery of fraudulent activity.

10. Return to City Council in 45 days with revisions to the agreement.

11. That on January 31, 2023, Chaparral will commence concession activities.

Staff issued a Notice of Termination of the Operating Agreement and Not ice to Vacate to the MEA on September 9 th, a copy of which is attached as EXHIBIT E. The notice requires MEA to vacate the MEC Park on later than 5:00 p.m. December 12, 2022.

On September 16th, 2022 MEA members provided access to verify the inventory prepared on August 15th, 2022 . Cameron Binkley, Command Historian of the Defense Language Institute and VP of the Friends of the Fort Ord Warhorse participated in the inventory to provide the context for understanding which items are historically significant and should be included.

ANALYSIS:

Staff and the City Attorney have worked with Chaparral and the attorney assisting them with the concession agreement to edit the draft agreement in accordance with City Council direction provided at the September 7th meeting. Changes to the draft agreement can be seen in a marked-up version attached as EXHIBIT F.

Staff is looking into the possibility of the City constructing boarding stables adjacent to the MEC on land owned by the C ity which does not have restrictions against private boarding. Sta ff has met with Management Partners, who is familiar with the MEC through development of the concessionaire request for proposals, and confirmed that they could assist w ith the analysis of developing stables if given sufficient time.

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 $151,240 during the first 5 -year term of the agreement.
3 CONCLUSION:

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

Respectfully Submitted

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

Public Works Director/City Engineer
City of Marina

REVIEWED/CONCUR:

__________________________
Layne P. Long
City Manager
City of Marina
4 RESOLUTION 2022-

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

COUNCIL APPROVING DRA FT REVISIONS TO THE CONCESSIONAIRE AGREEMENT WITH CHAPARRAL COUNTRY CORPORATION, INC. OF

WOODSIDE, CA TO PROVIDE RECREATION FACILITIES AND PROGRAMS TO THE PUBLIC AT THE MARINA EQUESTRIAN CENTE R PARK; AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE REVISED

AGREEMENT ON BEHALF OF THE CITY SUBJECT TO FINAL REVIEW AND

APPROVAL BY THE CITY ATTORNEY

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

WHEREAS in order to implement the POU, the City Council adopted resolution 2017 -28 on March 21, 2017, directing staff to p repare 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 s taff 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. Sta ff evaluated the proposals, present ations 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 th at Chaparral is the most qualified concessionaire; and

WHEREAS staff r ecommendations 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 Resolution 2021-96. The Resolution 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 Par k; directed staff to negotiate the terms of a c oncession agreement with Chaparral; directed 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 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 D, 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 conces sionaire agreement with Chaparral. However, as indicated in 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 move forward with approving a concessionaire agreement with Chaparral; and

WHEREAS on August 15th, 20 22 MEA members provided a ccess for City staff and Chaparral to the MEC Park facilities they have been utilizing under the Operating Agreement; and

WHEREAS, At the September 7th, 2022 City Council meeting staff presented a draft concession agreement that had been reviewed by the NPS which granted concurrence on the language. City Council adopted Resolution 2022-113 accepting the agreement with Chaparral and directing the staff to do the following: