Agenda — Marina City Council, November 15, 2022 (part 2 of 2)

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WHEREAS, t he proposed project is exempt from the California Environmental Quality Act (CEQA) under Class 1, Section 15301 (Existing Facilities) of the State CEQA Guidelines. Staff has determined that the exemption applies in this case because the modifications to the CUP under consideration would be minor alterations to an existing structure or facility and woul d involve negligible or no expansion of use; and

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Marina hereby approves the modifications to remove the required façade improvements and grant an extension for completion of the site improvements in City Council Resolution 2020 -65 to April 3, 2023, as conditioned herein for the combined Medical/Adult Cannabis Dispensary Use at 3100 Del Monte Boulevard (APN 032-192-018-000) and find the project as described and conditioned exempt from environmental review per Section 15301 of the CEQA Guidelines.

FINDINGS FOR APPROVAL
The City Council finds that the proposed amendments are in compliance with the General Plan:

General Plan Compliance

1) General Plan Policy 2.37
“The intent of the General Plan’s commercial land use policies is as follows: (1) to provide for the shopping and service needs of local residents, businesses, and persons employed within the City; (2) to attract commercial development that will strengthen the City's fiscal base; and (3) to enhance employment and other economic opportunities for local residents.

The General Plan establishes four commercial categories: Retail and Personal Services; Visitor-Serving Retail and Services; Multiple -Use Commercial; and Office and Research and Development.”

Evidence: The modifications to the approved Conditions of Approval to remove the façade changes and the one-year extension on the site improvements to Carmel Avenue will allow this business to continue to employ union employees and improve their commercial space, add site improvements along Carmel Avenue, and make minor improvements to building overall.

2) General Plan Policy 2.38
“The land use policies of this section serve to promote the development and location of retail and other commercial personal services which adhere to the General Plan's principal goals. This entails providing locations for retail and service uses that will permit capture of a significant share of locally and regionally generated sales. It also entails providing locations that make access to such uses by foot and public transit viable and attractive as an alternative to access by private automobile, especially in the case of multi- purpose trips.”

Evidence: The project amendments will permit the retail establishment to continue to operate in a central location with walkable access from the neighborhoods, easy access from the freeway, several bus stops, and the future Bus Rapid Transit SURF! line will be locat ed across Del Monte Boulevard. This ensures that this location will be able to capture a significant share of locally and regionally generated sales with multiple transit options available. 6 Resolution 2022-

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3) General Plan Policy 2.39
“A "strip" form of commercial development shall be avoided, and future retail, personal - service, and business-service uses shall be concentrated to infill the Del Monte Boulevard and Reservation Road core retail areas and create more pedestrian -oriented complexes.

Wherever possible, commercial development outside of these areas shall be planned more to complement rather than directly compete with commercial activity in the Del Monte Boulevard and Reservation Road areas. Marina’s core retail area is defined as those areas designated for “Commerc ial Retail/Personal Services” uses along the east side of Del Monte Boulevard from Carmel Avenue to Reservation Road […].”

Evidence: The adult cannabis use and site improvements will both support the core area on Del Monte Boulevard and Carmel Avenue and integrate into Del Monte Boulevard with the future street and pedestrian improvements.

Further, the changes to the parking lot to add sidewalks and integrate with the new Del Monte Boulevard improvements means that it will transition from a strip mall with nonconforming parking and no sidewalks to an improved site with shared parking with the Motel and safer pedestrian access. Therefore, the project and the improvements will integrate with the proposed commercial core of the Downtown as the transition happens over time.

Zoning Compliance

4) Compliance with Section 17.58.040.B
“The appropriate authority may designate such conditions in connection with the use permit as it deems necessary to secure the purposes of this title. Such conditions may include, bu t are not limited to, architectural and site approval, time limitations, street dedication, and street and drainage improvements. The appropriate authority may also require such bonds and guarantees as it deems appropriate to assure the compliance of the conditions.”

Evidence: The project will be in substantial compliance with COA #1 with the removal of the façade changes.

Modification to Condition of Approval (COA) #1
Applicant requests to remove the required façade changes from the approved site improvements.

Evidence: The removal of the façade changes will allow the building to retain a consistent front across all five commercial tenants. Further, the ‘beautifying’ improvements will help the overall site, which includes adding plants on the front along Del Monte Boulevard, re -planting planters on the Carmel Avenue side and some minor repairs such as repainting and repairing broken aspects of the building.

Off Site Improvements
The applicant has requested a ninety (90) day extension of the off-site improvements.

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Evidence: The extension will result in off -site improvements along Carmel Avenue including removing the existing nonconforming parking and installing curb, gutter, sidewalk, and on-street parking in conformance with City standards.

This will improve pedestrian safety and walkability for the site.

AMENDED CONDITIONS OF APPROVAL

Conditions of Approval

Initial Establishment of Commercial Cannabis Operations

1. Substantial Compliance – The project shall be constructed in substantial compliance with the plans submitted to the Planning Office on January 7, 2020, except as conditioned herein.

2. Lighting – Exterior Lighting Plan – All exterior lighting shall be unobtr usive, down -lit, harmonious with the local area, and constructed or located so that only the intended area is illuminated, and off-site glare is fully controlled. Prior to issuance of a building permit, the Owner/Applicant, shall submit three (3) copies o f an exterior lighting plan (including a photo-metric analysis) which shall indicate the location, type, and wattage of all light fixtures and include catalog sheet for each fixture. The lighting shall comply with the requirement of the California Energy Code set forth in California Code of Regulation, Title 24, Part 6. The exterior lighting plan shall be subject to approval by the Director of Community Development-Planning.

3. Occupancy Permit – Prior to obtaining an occupancy permit and commencing commerc ial operations, the applicant shall schedule an inspection with Community Development Department staff to verify compliance with the conditional use permit conditions of approval. Inspections by additional City departments may be required.

4. Development/Operating Agreement – Per MMC Section 5.76.030, prior to commencing commercial operations, the permittee shall enter into a development/operating agreement with the City setting forth the terms and conditions under which the dispensary will operate, including, but not limited to, payment of fees and taxes as mutually agreed, and other such terms and conditions that will protect and promote public health, safety, and welfare.

5. Permit Modifications – The City may modify this permit at any time as needed to clarify or augment requirements of the permittee, so long as modifications do not conflict with the MMC or State laws, as they may be amended from time to time. Modifications resulting in a new permit must be executed by the City and the permittee. If the Cit y has made modifications to the permit and requested permit execution by the permittee, the prior permit may be deemed null and void and the permittee shall cease commercial operations until completing execution of the new permit.

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Public Improvements

6. Public Improvements – In accordance with Marina Municipal Code Chapter 15.36, public improvements shall be designed and installed by the applicant or property owner to the satisfaction of the City Engineer and may include, but are not limited to, curb, gut ter, sidewalk, park strip, street trees and light poles. The installation of improvements may be deferred by the City Engineer until the City Council approval of the design for Del Monte Boulevard and then completed within a time to be determined in accord ance with the design.

7. Parking – Subject to approval by the Director of Community Development-Planning, final plans shall indicate either site modifications that allow for one parking space per 275 square feet of tenant floor space, or alternate means of c ompliance, such as an agreement with neighboring property owners.

Standard Cannabis Dispensary Operating Conditions

8. Right to Operate – Except as modified by required conditions of approval, the permittee shall have the right to operate a medical/adult -use cannabis dispensary, including non - storefront retail (delivery) in accordance with the conditional use permit application submitted on January 7, 2020.

9. Substantial Action Time Limit – If the permittee does not commence commercial cannabis activity in accordance with the terms of this Permit by January 6, 2022, this permit shall be deemed revoked. A one -time 30-day administrative extension may be granted by staff if, by January 6, 2022, the business is ready for final inspections.

10. Permit Expiration – This permit shall have a duration of one year. The one year period shall commence upon the date of occupancy. The Community Development Department may administratively renew the permit as long as the business is operating in compliance with the MCC and the permit’s conditions of approval, has paid all taxes and fees in a timely manner, and has maintained possession of a current State license to operate the dispensary.

The City may perform an annual inspection of the facility in conjunction with permit renewal to confirm ongoing compliance with conditions of approval.

11. Indemnification – The Owner/Applicant shall agree as a condition of approval of this project to defend, at its sole expense, indemnify and hold harmless from any liability, the City and reimb urse the City for any expenses incurred resulting from, or in connection with, the approval of this project, including any appeal, claim, suit or legal proceeding.

The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve the applicant of its obligations under this condition.

12. State License – The permittee must provide a copy of a valid and current State license to operate a cannabis dispensary prior to initiating commercial business operations and must provide an updated copy whenever the license is renewed or amended. If at any time the State license expires or is revoked, the business must cease operations until a valid and current license is obtained.

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13. Business License – The permittee shall obtain and maintain a City of Marina business license.

14. Posting of Permits and Licenses – The permittee shall conspicuously display, within the interior of the building near the entrance, a copy of the State License, the conditional use permit, the business license, and any other documentation required as proof of right to operate a cannabis dispensary on the premises.

15. Inspection Access – At any time and without prior notice, the business shall allow entry into the premises by the Marina Police Department, the Marina Fire Department, the Community Development Department, and any other staff, including Monterey County staff, charged with inspecting the business or enforcing the conditions of the conditional use permit. The business shall provide access to all portions of the premises as well as business records, if requested.

16. Compliance with State and Local Requirements – The permittee shall comply with all state and local requirements for operation of a cannabis dispensary, including those not listed on the conditional use permit, and as they may be amended over time.

17. Cannabis Consumption Prohibited on Premises – Cannabis shall not be smoked, ingested, or otherwise consumed on the business premises.

18. Alcoholic Beverages and Tobacco – Alcoholic beverages shall not be sold, dispensed, or consumed on the premises. Sale or consumption of tobacco is prohibited on the premises.

19. Payment of Taxes and Fees – The permittee shall pay any applicable taxes and fees due to the City in a timely manner.

20. Transfer of Permit – This conditional use permit is granted only to the applicant identified in this resolution for the site defined herein. This permit shall not be transferable to any other site or to any other person without the consent of the City.

21. Hours of Operation – The business may be open for customer -serving commercial activities between the hours of 9:00 am and 11:59 pm.

Site Security and Neighborhood Compatibility Conditions

22. Site Maintenance – The permittee shall maintain the premises’ parking areas, drivewa ys, accessways and grounds, landscaped areas, and exterior building surfaces in accordance with applicable City standards in the MMC.

23. Signage – Signage with graphics depicting cannabis is prohibited. Signage is subject to a sign permit.

24. Odor – Cannabis odors shall not be detectable outside of the facility. Prior to opening for business, the permittee shall demonstrate to City staff that odor prevention equipment is in place.

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25. Security Guards and Cameras – The permittee shall maintain 24 -hour security c amera coverage of the premises. The premises shall be staffed by security guards to an extent sufficient to ensure the site safety and deter crime. Security guards shall be licensed and possess a valid Department of Consumer Affairs “Security Guard Card” a t all times.

Security personnel may not be armed.

26. Marina Police Department Notification – The permittee shall notify the Marina Police Department within 24-hours after discovering any breach of security.

27. Delivery – Employees delivering cannabis shall c arry a copy of the following documents when making deliveries: copy of the dispensary’s permits and licenses authorizing delivery service; the employee’s government -issued identification; a copy of the delivery request; and chain of custody records for good being delivered.

Enforcement

28. Permit Revocation – Per MMC Section 19.08.010, the City may revoke this conditional use permit at any time for failure to comply with any state and local requirements, including but not limited to, conditions of approval and requirements regarding timely payment of taxes and fees.

Proposed Amendments to the Conditions of Approval

29. Amend COA #1 – Revise the plan set submitted on January 7, 2020, to remove the building’s façade changes on page A4.12 as submitted on September 1, 2022, as shown on “Exhibit 1”.

30. Beautifying – Within sixty (60) days of the approval of the Conditional Use Permit Amendment by the City Council, the applicant agrees to replant and update planters along the Carmel Ave side of the building. Install plants as planter boxes, potted plants and/or hanging plants on the Del Monte Avenue frontage of their commercial space that does not obstruct access.

31. Building Minor Repairs – Within sixty (60) days of the approval of the Conditional Use Permit Amendment by the City Council the applicant agre es to make minor repairs to the front of the building overall by replacing missing wood, touching up paint and making minor repairs as needed to beautify the building overall.

32. Public Improvements Extension – Extend COA #6 Public improvements to the Carmel Avenue frontage and COA #7 Parking along Carmel Avenue for ninety (90) days from the date of expiration of January 3, 2023, to April 3, 2023.

33. Shared Parking with the Motel – Within thirty (30) days of the completion of off -site improvements along Del Mon te Boulevard, the applicant shall provide the City with an executed shared parking agreement with the property owner detailing that eleven (11) parking spaces shall be shared. Further, all corresponding signs and striping must be installed within thirty (30) days of the executed shared parking agreement.

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

AYES, COUNCIL MEMBERS:

NOES, COUNCIL MEMBERS:

ABSENT, COUNCIL MEMBERS:

ABSTAIN, COUNCIL MEMBERS:

_________________________________
Bruce Delgado, Mayor

ATTEST:

_____________________________
Anita Sharp, Deputy City Clerk

12 (N) ENTRY DOOR
(E) WINDOW W/ LOGOS
(N) SPANISH TILE ROOFING
COVERED WALKWAY
(N) PARAPET CAP W/
TRIM BOARDS
(N) STUCCO FINISH
(E) FINISHED GRADE
(E) BRICK WATERTABLE
TO BE EXTENDED
(N) BOARD & BATTEN
STUCCO FINISH
(N) REMODELED POSTS
W/ BRICK BASES
22' - 6"
18' - 0"
F R E I T A S
A R C H I T E C T
S E A N
(916) 580‐9981
[email protected]
SEANFREITAS.COM
PROJECT:

SHEET:

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TITLE:

THIS PROJECT IS NOT APPROVED FOR CONSTRUCTION
UNLESS THE DRAWINGS ARE STAMPED AND WET SIGNED BY
THE ARCHITECT AND THE BUILDING AUTHORITY HAVING
JURISDICTION OVER THE PROJECT.

ARCHITECT'S APPROVAL
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ISSUES:

Project Issue Date:

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A CITY COUNCIL RESOLUTION DENYING THE MODIFICATIONS TO
REMOVE THE REQUIRED FAÇADE IMPROVEMENTS AND DENY AN

EXTENSION FOR COMPLETION OF THE SITE IMPROVEMENTS IN CITY COUNCIL RESOLUTION 2020-65 TO JANUARY 3, 2024, FOR THE COMBINED MEDICAL/ADULT CANNABIS DISPENSARY USE AT 3100 DEL MONTE BOULEVARD (APN 032-192-018-000).

WHEREAS, on June 10, 2020, the City Council adopted Resolution No. 202 0-65 approving a Cannabis CUP to allow a combined Medical/Adult Cannabis Dispensary Use at 3100 Del Monte Blvd. The applicant has until January 3, 2023, to complete all Conditions of Approval (COA). To be in compliance with COA #10 Permit Expiration, which gives the applicant one year to complete all conditions after the date of occupancy, the following three (3) COAs below need to be completed:

1. Substantial Compliance – The project shall be constructed in substantial compliance with the plans submitted to the Planning Office on January 7, 2020, except as conditioned herein.

6. Public Improvements – In accordance with Marina Municipal Code Chapter 15.36, public improvements shall be designed and installed by the applicant or property owner to the satisfaction of the City Engineer and may include, but are not limited to, curb, gutter, sidewalk, park strip, street trees and light poles. The installation of improvements may be deferred by the City Engineer until the City Council approval of the design for D el Monte Boulevard and then completed within a time to be determined in accordance with the design.

7. Parking – Subject to approval by the Director of Community Development-Planning, final plans shall indicate either site modifications that allow for one parking space per 275 square feet of tenant floor space, or alternate means of compliance, such as an agreement with neighboring property owners.

WHEREAS, on August 17, 2021, the City Council granted a 120-day extension, in addition to the previous 90-day extension granted by the City Manager . This extended the tenant improvements building permit deadline to January 6, 2022;
WHEREAS, on January 3, 2022, Pacific Roots finalized their tenant improvements building permit including security and safety measures and minor exterior improvements such as signs and wheelchair access. The Pacific Roots group partnered with a management company and opened as Catalyst Cannabis Dispensary (Catalyst); and
WHEREAS, on September 1, 2022, the applicant applied to amend Condition of Approval #1 and to request an extension of Conditions of Approval (COA) #6 and #7 for one additional year until January 3, 2024; and

WHEREAS, on October 13, 2022, the Planning Commission made the following recommendation:

The Planning Commission recommends to the City Council that it DENY modifications to remove the required façade improvements and not grant an extension of the site improvements in City Council Resolution 2020-65.

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WHEREAS, on November 7, 2022, Pacific Roo ts updated their request for the extension of the public improvements from one (1) year to three (3) months.

WHEREAS t he proposed project is exempt from environmental review under Statutory Exemptions per Section 15270 (Projects which are Disapproved) of the CEQA Guidelines.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Marina hereby adopts a resolution to deny the modifications to remove the required façade improvements and deny an extension for completion of the site improvements in City Council Resolution 2020-65 to January 3, 2024, for the combined Medical/Adult Cannabis Dispensary Use at 3100 Del Monte Boulevard (APN 032-192-018-000) and find the project would be exempt from environmental review under Statutory Exemptions per Section 15270 (Projects which are Disapproved) of the CEQA Guidelines.

FINDINGS FOR DENIAL
The City Council finds that the proposed amendments are not in compliance with the General Plan:

General Plan Consistency

The General Plan establishes four commercial categories: Retail and Personal Services; Visitor-Serving Retail and Services; Multiple -Use Commercial; and Office and Research and Development.”

Evidence: The proposed modifications will remove the required façade improvements that would help improve the commercial retail corridor along Del Monte Boulevard. Further, the one -year extension of the required site improvements would prolong the needed improvements without justification.

2) General Plan Policy 2.38
“The land use policies of this section serve to promote the development and location of retail and other commercial persona l services which adhere to the General Plan's principal goals. This entails providing locations for retail and service uses that will permit capture of a significant share of locally and regionally generated sales. It also entails providing locations that make access to such uses by foot and public transit viable and attractive as an alternative to access by private automobile, especially in the case of multi- purpose trips.”

Evidence: The project extension will result in an additional year with no safety improvements along Carmel Avenue. Therefore, accessing the site will continue to not meet current standards.

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Cannabis Ordinance Consistency

3) Section 4: Use Permit. of the 2018 Cannabis Ordinance “Use permits for cannabis and cannabis related uses are for one year. No property interest, vested right, or entitlement to receive a future license to operate a medical marijuana business shall ever inure to the benefit of such permit holder as such permits are revocable at any time with or without cause by th e City Manager or designee subject to Section 19.09 of Marina Municipal Code shall include the following: All Use Permit holders shall also execute a Development/Operating Agreement annually agreeing to abide to all conditions of approval at all times. The City Manager or designee can terminate a Development/Operating Agreement at any time with or without reason.”

Evidence: The applicant is not in substantial compliance with COA #1 and COA #6.

Pursuant to COA #10, the applicant has one year after occupancy , before the permit expires if it is not in substantial compliance with all of the conditions of approval. The applicant received their building permit final and occupied the commercial space on January 3, 2022. Therefore, they have until January 3, 2023, to complete all required conditions of approval.

4) Compliance with Section 17.58.040.B
“The appropriate authority may designate such conditions in connection with the use permit as it deems necessary to secure the purposes of this title. Such conditions ma y include, but are not limited to, architectural and site approval, time limitations, street dedication, and street and drainage improvements. The appropriate authority may also require such bonds and guarantees as it deems appropriate to assure the compli ance of the conditions.”

Evidence: The applicant has until January 3, 2023, to comply with time limitations as stated in the original City Council approved the Conditional Use Permit.

Further, two items remain unfinished including the public improvements and the exterior façade changes so the applicant is not in substantial compliance with COA #1 or COA #6. The City Council cannot remove the façade changes, because then the building will not meet the architectural improvements.

Modification to Condition of Approval (COA) #1
Applicant requests to remove the required façade changes from the approved site improvements.

Evidence: The exterior façade improvements are part of the original requirements of the original project and the reasons for remov ing are not thoroughly justified beyond cost. Therefore, the City Council cannot make findings to support the changes to the project.

Off Site Improvements
The applicant requests a ninety (90) day extension of the off-site improvements along Carmel Avenue.

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Evidence: The extension for the off-site improvements along Carmel Avenue cannot be supported due to the risk to pedestrian safety.

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

AYES, COUNCIL MEMBERS:

NOES, COUNCIL MEMBERS:

ABSENT, COUNCIL MEMBERS:

ABSTAIN, COUNCIL MEMBERS:

_________________________________
Bruce Delgado, Mayor

ATTEST:

_____________________________
Anita Sharp, Deputy City Clerk
17 RESOLUTION NO. 2020-07

A RESOLUTION OF THE CITY OF MARINA PLANNING COMMISSION

RECOMMENDING THAT THE CITY COUNCIL APPROVE A CONDITIONAL USE

PERMIT TO ALLOW A MEDICAL/ADULT USE CANNABIS DISPENSARY LOCATED AT 3100 DEL MONTE BOULEVARD (APN 032-192-018) IN THE C-1 (RETAIL BUSINESS) ZONING DISTRICT.

WHEREAS, Aaron Herzberg of Pacific Roots Marina, LLC submitted an application for a conditional use permit to operate a medical/adult-use cannabis dispensary; and WHEREAS, the proposed project requires discretionary approval, and, per Ma rina Municipal Code Section 19.08.010, it is the responsibility of the Planning Commission to consider and weigh the merits of the application and public input in relation to the policies, standards, and intent of the Marina General Plan and Marina Municipal Code in making a recommendation on the proposed cannabis dispensary to the City Council; and WHEREAS, on May 14, 2020, the Marina Planning Commission considered oral comments and written information concerning the proposed cannabis dispensary at a reg ularly scheduled Planning Commission meeting;
WHEREAS, the project is categorically exempt from the California Environmental Quality Act per Section 15301, Existing Facilities, which exempts the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or p rivate structures and facilities involving negligible or no expansion of existing or former use.

NOW, THEREFORE BE IT RESOLVED by the Planning Commission of the City of Marina that it hereby recommends City Council approval of a conditional use permit f or Pacific Roots Marina, LLC at 3100 Del Monte Boulevard with the following findings and conditions:

Findings
That the project:

1. Will comply with all of the requirements of the state and city, and any additional conditions of license for the operation of a cannabis dispensary.

2. Will not result in significant unavoidable impacts on the environment as the use will be conducted in an entirely enclosed building and noise and odor mitigation is planned and will be integrated into the use. In addition, no hazard ous materials or systems will be utilized.

3. Includes adequate quality control measures to ensure that the dispensary would operate in accordance with industry standards with regard to security, product testing, etc.

4. Includes adequate measures that address the federal enforcement priorities for cannabis activities including restricting access to minors and ensuring that cannabis and cannabis products are not supplied to unlicensed and unpermitted persons within the state and not distributed out of state.

Attachment 1 - Orginal PC Resolution
18 5. Will obtain a valid and fully executed commercial cannabis use permit pursuant to Chapter 5.76 of the Marina Municipal Code prior to commencing operations and must maintain such permit in good standing in order to continue operations; will additionally enter into an operating agreement with the City ensuring on -going neighborhood compatibility and compliance with City regulations, as they may amended over time.

6. Will renew the cannabis use permit annually and execute a renewed operating agreement annually.

7. Will operate in good standing with all permits and licenses required by state law.

Conditions of Approval
Initial Establishment of Commercial Cannabis Operations

1. Substantial Compliance – The project shall be constructed in substantial compliance with the plans attached hereto as “EXHIBIT A”, submitted to the Planning Office on January 7, 2020, except as conditioned herein.

2. Lighting – Exterior Lighting Plan – All exterior lighting shall be unobtrusive, down-lit, harmonious with the local area, and constructed or located so that only the intended area is illuminated and off-site glare is fully controlled. Prior to issuance of a building permit, the Owner/Applicant, shall submit three (3) copies of an exterior lighting plan (including a photo-metric analysis) which shall indicate the location, type, and wattage of all light fixtures and include catalog sheet for each fixture. The lighting shall comply with the requirement of the Californi a Energy Code set forth in California Code of Regulation, Title 24, Part 6. The exterior lighting plan shall be subject to approval by the Director of Community Development-Planning.

3. Occupancy Permit – Prior to obtaining an occupancy permit and commencing commercial operations, the applicant shall schedule an inspection with Community Development Department staff to verify compliance with the conditional use permit conditions of approval. Inspections by additional City departments may be required.

5. Permit Modifications – The City may modify this permit at any time as needed to clarify or augment requirements of the permittee, so long as modifications do not conflict with the MMC or State laws, as they may be amended from time to time. Modifications resulting in a new permit must be executed by the City and the permittee. I f the City has made modifications to the permit and requested permit execution by the permittee, the prior permit may be deemed null and void and the permittee shall cease commercial operations until completing execution of the new permit. 19 Public Improvements

6. Public Improvements – In accordance with Marina Municipal Code Chapter 15.36, public improvements shall be designed and installed by the applicant or property owner to the satisfaction of the City Engineer and may include, but are not limited to, curb, gutter, sidewalk, park strip, street trees and light poles. The installation of improvements may be deferred by the City Engineer until the City Council approval of the design for Del Monte Boulevard and then completed within a time to be determined in accordance with the design.

7. Parking – Subject to approval by the Director of Community Development-Planning, final plans shall indicate either site modifications that allow for one parking space per 275 square feet of tenant floor space, or alternate means of compliance, such as an agreement with neighboring property owners.

Standard Cannabis Dispensary Operating Conditions

8. Right to Operate – Except as modified by required conditions of approval, the permittee shall have the right to operate a medical/adult -use cannabis dispensary, inclu ding non- storefront retail (delivery) in accordance with the conditional use permit application submitted on January 7, 2020.

9. Substantial Action Time Limit - If the permittee does not commence commercial cannabis activity in accordance with the terms of t his Permit within one year of its issue date, this permit shall be deemed revoked. The City Manager or their designee may grant a 90-day extension to this time limit if the permittee can demonstrate that the delay was due to situations beyond their control, that significant progress towards establishing the use has been made, and there is cause to believe that the permittee will be ready to commence operations in accordance with the terms of this Permit within the 90-day period.

10. Permit Expiration - This permit shall have a duration of one year. The one year period shall commence upon the date of occupancy. The Community Development Department may administratively renew the permit as long as the business is operating in compliance with the MCC and the permit ’s conditions of approval, has paid all taxes and fees in a timely manner, and has maintained possession of a current State license to operate the dispensary. The City may perform an annual inspection of the facility in conjunction with permit renewal to confirm ongoing compliance with conditions of approval.

11. Indemnification – The Owner/Applicant shall agree as a condition of approval of this project to defend, at its sole expense, indemnify and hold harmless from any liability, the City and reimburse th e City for any expenses incurred resulting from, or in connection with, the approval of this project, including any appeal, claim, suit or legal proceeding.

The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve the applicant of its obligations under this condition.

20 12. State License – The permittee must provide a copy of a valid and current State license to operate a cannabis dispensary prior to initiating commercial business operations and must provide an updated copy whenever the license is renewed or amended. If at any time the State license expires or is revoked, the business must cease operations until a valid and current license is obtained.

13. Business License - The permittee shall obtain and maintain a City of Marina business license.

14. Posting of Permits and Licenses - The permittee shall conspicuously display, within the interior of the building near the entrance, a copy of the State License, the conditional use permit, the business license, and any other documentation required as proof of right to operate a cannabis dispensary on the premises.

15. Inspection Access - At any time and without prior notice, the business shall allow entry into the premises by the Marina Police Department, the Marina Fire Department, the Community Development Department, and any other staff, including Monterey County staff, charged with inspecting the business or enforcing the conditions of the conditional use permit. The business shall provide access to all portions of the premises as well as business records, if requested.

17. Cannabis Consumption Prohibited on Premises – Cannabis shall not be smoked, ingested, or otherwise consumed on the business premises.

18. Alcoholic Beverages and Tobacco – Alcoholic beverages shall not be sold, dispensed, or consumed on the premises. Sale or consumption of tobacco is prohibited on the premises.

19. Payment of Taxes and Fees – The permittee shall pay any applicable taxes and fees due to the City in a timely manner.

21. Hours of Operation – The business may be open for customer -serving commercial activities between the hours of 9:00 am and 11:59 pm.

Site Security and Neighborhood Compatibility Conditions

22. Site Maintenance – The permittee shall maintain the premises’ parking areas, driveways, accessways and grounds, landscaped areas, and exterior building surfaces in accordance with applicable City standards in the MMC.

21 23. Signage – Signage with graphics depicting cannabis is prohibited. Signage is subject to a sign permit.

24. Odor – Cannabis odors shall not be detectable outside of the facility. Prior to opening for business, the permittee shall demonstrate to City staff that odor prevention equipment is in place.

25. Security Guards and Cameras – The permittee shall maintain 24 -hour security camera coverage of the premises. The premises shall be staffed by security guards to an extent sufficient to ensure the site safety and deter crime. Security guards shall be licensed and possess a valid Department of Consumer Affairs “Security Guard Card” at all times.

Security personnel may not be armed.

26. Marina Police Department Notification – The permittee shall notify the Marina Police Department within 24-hours after discovering any breach of security.

27. Delivery – Employees delivering cannabis shall carry a copy of the following documents when making deliveries: copy of the dispensary’s permits and licenses authorizing delivery service; the employee’s government-issued identification; a copy of the delivery request; and chain of custody records for good being delivered.

Enforcement

PASSED AND ADOPTED by the Planning Commission of the City of Marina at a regular meeting duly held on the 14th day of May 2020, by the following vote:

AYES, COMMISSIONERS: Biala, Burnett, McCarthy, Amadeo, Mann, Jacobsen, Bielsker NOES, COMMISSIONERS: None
ABSENT, COMMISSIONERS: None
ABSTAIN, COMMISSIONERS: None

_________________________________
David Burnett, Chair
ATTEST:

________________________
Christy Hopper
Planning Services Manager
City of Marina

22 fl RESOLUTION NO. 2020-65

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA

APPROVING A CANNABIS CONDITIONAL USE PERMIT TO ALLOW A
MEDICAL/ADULT USE CANNABIS DISPENSARY LOCATED AT 3100 DEL MONTE BOULEVARD (APN 032-192-018) IN THE C-1 (RETAIL BUSINESS) ZONING DISTRICT.

WHEREAS, Aaron Herzberg of Pacific Roots Marina, LLC submitted an application for a conditional use pennit to operate a medical/adult-use cannabis dispensary; and, WHEREAS, the proposed project requires discretionary approval, and, per Marina Municipal Code Section 19.08.010, it is the responsibility of the Planning Commission to consider and weigh the merits of the application and public input in relation to the policies, standards, and intent of the Marina General Plan and Marina Municipal Code in making a recommendation on the proposed cannabis dispensary to the City Council; and,
WHEREAS, on May 14, 2020, the Marina Planning Commission considered oral comments and written information concerning the proposed cannabis dispensary at a regularly scheduled Planning Commission meeting and recommended City Council consideration of a Cannabis Conditional Use Permit for the business; and,
WHEREAS, at the regular meeting of on June 2, 2020, the City Council considered the application and all public comment and found that the application meets the requirements of the Marina Municipal Code for Cannabis Conditional Use Permits as reflected in the findings below; and, WHEREAS, the project is categorically exempt from the California Environmental Quality Act per Section 15301, Existing Facilities, which exempts the operation, repair, maintenance, pennitting, leasing, licensing, or minor alteration of existing public or private structures and facilities involving negligible or no expansion of existing or fonner use.

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Marina does hereby approve a Cannabis Conditional Use Permit for Pacific Roots Marina, LLC at 3100 Del Monte Boulevard with the following findings and conditions:

Findings
That the project:

1. Will comply with all of the requirements of the state and city, and any additional conditions of license for the operation of a cannabis dispensary.

3. Includes adequate quality control measures to ensure that the dispensary would operate in accordance with industry standards with regard to security, product testing, etc.

4. Includes adequate measures that address the federal enforcement priorities for cannabis activities including restricting access to minors and ensuring that cannabis and cannabis products are not supplied to unlicensed and unpennitted persons within the state and not �. distributed out of state.
23 Resolution No, 2020-65
Page Two

5. Will obtain a valid and fully executed commercial cannabis use permit pursuant to Chapter 5.76 of the Marina Municipal Code prior to commencing operations and must maintain such permit in good standing in order to continue operations; will additionally enter into an operating agreement with the City ensuring on-going neighborhood compatibility and compliance with City regulations, as they may amended over time.

6. Will renew the cannabis use permit annually and execute a renewed operating agreement annually.

7. Will operate in good standing with all permits and licenses required by state law.

Conditions of Approval
Initial Establishment of Commercial Cannabis Operations

1. Substantial Compliance - The project shall be constructed in substantial compliance with the plans attached hereto as "EXHIBIT A", submitted to the Planning Office on January 7, 2020, except as conditioned herein.

2. Lighting - Exterior Lighting Plan - All exterior lighting shall be unobtrusive, down-lit, harmonious with the local area, and constructed or located so that only the intended area is illuminated and off-site glare is fully controlled. Prior to issuance of a building permit, the Owner/ Applicant, shall submit three (3) copies of an exterior lighting plan (including a photo metric analysis) which shall indicate the location, type, and wattage of all light fixtures and include -~ catalog sheet for each fixture. The lighting shall comply with the requirement of the California Energy Code set forth in California Code of Regulation, Title 24, Part 6. The exterior lighting plan shall be subject to approval by the Director of Community Development-Planning.

3. Occupancy Permit- Prior to obtaining an occupancy permit and commencing commercial operations, the applicant shall schedule an inspection with Community Development Department staff to verify compliance with the conditional use permit conditions of approval.

Inspections by additional City departments may be required.

4. Development/Operating Agreement- Per MMC Section 5.76.030, prior to commencing commercial operations, the permittee shall enter into a development/operating agreement with the City setting forth the terms and conditions under which the dispensary will operate, including, but not limited to, payment of fees and taxes as mutually agreed, and other such terms and conditions that will protect and promote public health, safety, and welfare.

5. Permit Modifications - The City may modify this permit at any time as needed to clarify or augment requirements of the permittee, so long as modifications do not conflict with the MMC or State laws, as they may be amended from time to time. Modifications resulting in a new permit must be executed by the City and the permittee. If the City has made modifications to the permit and requested permit execution by the permittee, the prior permit may be deemed null and void and the permittee shall cease commercial operations until completing execution of the new permit.
24 Resolution No, 2020-65
Page Three
,,,,,..,..,_ Public Improvements

6. Public Improvements - In accordance with Marina Municipal Code Chapter 15.36, public improvements shall be designed and installed by the applicant or property owner to the satisfaction of the City Engineer and may include, but are not limited to, curb, gutter, sidewalk, park strip, street trees and light poles. The installation of improvements may be deferred by the City Engineer until the City Council approval of the design for Del Monte Boulevard and then completed within a time to be determined in accordance with the design.

7. Parking- Subject to approval by the Director of Community Development-Planning, final plans shall indicate either site modifications that allow for one parking space per 275 square feet of tenant floor space, or alternate means of compliance, such as an agreement with neighboring property owners.

Standard Cannabis Dispensary Operating Conditions

8. Right to Operate - Except as modified by required conditions of approval, the permittee shall have the right to operate a medical/adult-use cannabis dispensary, including non-storefront retail ( delivery) in accordance with the conditional use permit application submitted on January 7, 2020.

9. Substantial Action Time Limit - If the permittee does not commence commercial cannabis activity in accordance with the terms of this Permit within one year of its issue date, this permit shall be deemed revoked. The City Manager or their designee may grant a 90-day extension to this time limit if the permittee can demonstrate that the delay was due to situations beyond their control, that significant progress towards establishing the use has been made, and there is cause to believe that the permittee will be ready to commence operations in accordance with the terms of this Permit within the 90-day period.

10. Permit Expiration - This permit shall have a duration of one year. The one year period shall commence upon the date of occupancy. The Community Development Department may administratively renew the permit as long as the business is operating in compliance with the MCC and the permit's conditions of approval, has paid all truces and fees in a timely manner, and has maintained possession of a current State license to operate the dispensary. The City may perform an annual inspection of the facility in conjunction with permit renewal to confirm ongoing compliance with conditions of approval.

11. Indemnification - The Owner/ Applicant shall agree as a condition of approval of this project to defend, at its sole expense, indemnify and hold harmless from any liability, the City and reimburse the City for any expenses incurred resulting from, or in connection with, the approval of this project, including any appeal, claim, suit or legal proceeding. The City may, at its sole discretion, participate in the defense of any such action, but such participation shall not relieve the applicant of its obligations under this condition.
25 Resolution No, 2020-65
Page Four

12. State License-The permittee must provide a copy of a valid and current State license to operate a cannabis dispensary prior to initiating commercial business operations and must provide an updated copy whenever the license is renewed or amended. If at any time the State license expires or is revoked, the business must cease operations until a valid and current license is obtained.

13. license.

Business License - The permittee shall obtain and maintain a City of Marina business

15. Inspection Access - At any time and without prior notice, the business shall allow entry into the premises by the Marina Police Department, the Marina Fire Department, the Community Development Department, and any other staff, including Monterey County staff, charged with inspecting the business or enforcing the conditions of the conditional use permit. The. business shall provide access to all portions of the premises as well as business records, if requested.

16. Compliance with State and Local Requirements - The permittee shall comply with all state and local requirements for operation of a cannabis dispensary, including those not listed on the conditional use permit, and as they may be amended over time.

17. Cannabis Consumption Prohibited on Premises - Cannabis shall not be smoked, ingested, or otherwise consumed on the business premises.

18. Alcoholic Beverages and Tobacco - Alcoholic beverages shall not be sold, dispensed, or consumed on the premises. Sale or consumption of tobacco is prohibited on the premises.

19. Payment of Taxes and Fees - The permittee shall pay any applicable taxes and fees due to the City in a timely manner.

20. Transfer of Permit - This conditional use permit is granted only to the applicant identified in this resolution for the site defined herein. This permit shall not be transferable to any other site or to any other person without the consent of the City.

21. Hours of Operation - The business may be open for customer-serving commercial activities between the hours of 9:00 am and 11 :59 pm.

Site Security and Neighborhood Compatibility Conditions

22. Site Maintenance - The permittee shall maintain the premises' parking areas, driveways, accessways and grounds, landscaped areas, and exterior building surfaces in accordance with applicable City standards in the MMC.

23. Signage- Signage with graphics depicting cannabis is prohibited. Signage is subject to a sign permit.
26 Resolution No, 2020-65
Page Five

24. Odor - Cannabis odors shall not be detectable outside of the facility. Prior to opening for business , the permittee shall demonstrate to City staff that odor prevention equipment is in place.

25. Security Guards and Cameras - The permittee shall maintain 24-hour security camera coverage of the premises. The premises shall be staffed by security guards to an extent sufficient to ensure the site safety and deter crime. Security guards shall be licensed and possess a valid Department of Consumer Affairs "Security Guard Card" at all times. Security personnel may not be armed.

26. Marina Police Department Notification - The permittee shall notify the Marina Police Department within 24-hours after discovering any breach of security.

27. Delivery - Employees delivering cannabis shall carry a copy of the following documents when making deliveries: copy of the dispensary's permits and licenses authorizing delivery service; the employee's government-issued identification; a copy of the delivery request; and chain of custody records for good being delivered.

Enforcement

28. Permit Revocation - Per MMC Section 19.08.010 , the City may revoke this conditional use permit at any time for failure to comply with any state and local requirements, including but not limited to, conditions of approval and requirements regarding timely payment of taxes and fees.

PASSED AND ADOPTED by the City Council of the City of Marina at an adjourned regular meeting duly held on the 10th day of June 2020, by the following vote:

AYES, COUNC IL MEMBERS: Berkley, Urrutia, Morton, Delgado NOES , COUNCIL MEMBERS: O' Conne ll
ABSENT , COUNCIL MEMBERS: None
ABSTAIN, COUNCIL MEMBERS : None
c
ATTEST :
(Lt _~
Anita Sharp~A Clerk
~ Bruce C. Delgado , Mayor
27 DocuSign Envelope ID: 98C51 E17-FE72-4275-8844-39AE1DBDM38

PACIFIC ROOTS MARINA, LLC
ATTN: BRANDON GESICKI, COMMUNITY LIASON
965 Briar Cliff Dr. Santa Maria, CA 93455
Phone: (831) 206-6460 I
Emai I: ca pito lco ns u ltingco [email protected]
City of Marina
ATTN: Christy Hopper,
Planning Services
Manager
211 Hillcrest Avenue
Marina, CA 93933
Phone:{831)884-1238
Emai I: [email protected]
August25,2022
RE: Request to Modify the Cannabis Conditional Use Permit for Pacific Roots Marina, LLC, at 31 DO Del Monte Blvd., Marina, CA 93933
Dear Planning Services Manager Hopper:

By way of introduction, my name is Brandon Gesicki, the Community Liaison for Pacific Roots Marina. LLC ("Pacific Roots"), which operates a dispensary in the City of Marina (the "City") at 3100 Del Monte Blvd., Marina, CA 93933 ("310 Del Monte"). I am writing to you today as part of our requirement to submit our annual planning application and to humbly request your approval to modify the Cannabis Conditional Use Permit ("CUPn). More specifically, I am asking that the CUP be modified to find that our project is in "substantial compliance" with our previous proposed plans and to allow for the further deferral of public works improvements required for 310 Del Monte.

Background.

As you are well aware, we were awarded our CUP on June 10, 2020, and immediately began work to bring a beautiful dispensary to the City. After almost year and a half, and over $900,000.00 in improvements later, were able to open our doors for business on January 3, 2022 fully stocked with product, workforce comprising exclusively of union employees, and with great optimism for the rewards that were sure to come.

Unfortunately, due to rising operating costs, and weakening legal market, and the proliferation of the illegal market, those rewards never came. And it saddens me to say that the store has never seen a monthly profit. To date, the store carries over $300,000.00 in operational losses and are finding it difficult to see when a profit will be made.

In addition to these significant financial burdens, we are now facing the pressure to commit to, and pay for: 1) the exterior improvements to the building, and 2) the public improvements by the end of the year. These improvements are estimated to be an additional $300,000 to

Page 1 of 3 ends

28 DocuSign Envelope ID: 98C51 E17-FE72-4275-8844-39AE1 DBDAA38 $400,000.00 of expenses that we simply cannot afford. We are now forced to decide whether it's better to shut down our operations or to keep our lights on.

We would never dream of not fulfilling the promises we made and want to make these improvements and continue to become a mainstay in the community. We have a dedicated union workforce, and every one of our them feels that they have become a part of the vibrant City.

Absent these improvements, we would be willing to continue to operate at a loss in hopes that we are able to turn things around for the sake of our business and our union employees.

However, we simply need more time for the business to grow and become financially solvent before making the commitment to put another $300,000-$400,000 dollars into this project. To that end, we humbly request the following:

Deem us in Substantial Compliance with respect with the plans attached as Exhibit A to our CUP.

Pursuant to our CUP, the City required that our project be constructed in substantial compliance with the plans attached as Exhibit A to the CUP. Exhibit A outlines the plans submitted to the Planning Commission for the interior and exterior designs required to operate a compliant and functional cannabis dispensary. In addition, the plans also included exterior- or "cosmetic" - improvement to the fac;ade of the unit occupied by the dispensary.

With respect to those design plans, we have complied in every aspect with the interior designs of those plans, including the security and safety requirements. The only aspect of those plans that remain are the cosmetic fac;;ade changes - and, as it stands, it will cost nearly $180,000.00 to change the fac;ade of the storefront.

Our issue, in this case, is both a financial matter and a practical challenge of aesthetics.

Specifically, the exterior design, while pleasant in isolation, does little to beautify the property where Pacific Roots is located. While it is true that Pacific Roots proposed an upgrade to the fac;ade of the building in hopes of amplifying the aesthetic look of its retail dispensary, the reality is that absent a change to the entire shopping center where Pacific Roots sits, the aesthetic improvements would result in an otherwise disjointed "look" to the shopping center.

Our concerns our not just our own. Notably, during the May 14, 2020 Planning Commission Meeting, Vice Chair Biala foresaw this issue and inquired whether "[the fac;ade improvements) would pose a challenge in that the building would then look different from the attached establishments and create a disjointed look." In addition, the purpose of any improvement is to inure to the benefit of the City. In this case, these improvements only benefit the landowner and in no way directly benefit the health and general welfare of the City. .

We therefore humbly request that the City deem us in substantial compliance with respect to the plans attached as Exhibit A in our CUP. Doing so would allow us to forgo the requirement for the "cosmetic" improvement and would save us significant financial burden and remove a fruitless undertaking that farls to benefit the City.

Page 2 ends

29 D<JcuSign Envelope ID: 98C51E17-FE72-4275-8844-39AE1DBDAA38 We understand that the City does have an interest in promoting the development of aesthetically pleasing commercial establishments. Although the exterior improvements highlighted in Exhibit A would do little to beautify the City, we are happy to work with the City to properly beautify the property. Such efforts may include landscaping, adding planters, repainting, or any other project that would please the City. We only ask that such effort is substantially less burdensome than the original plans.

Postpone the Public Improvements Requirement.

Due to the financial burdens we face, we humbly request that you postpone the public improvements requirement until next year.

Conclusion.

This approval to modify the CUP to eliminate or get a deferral on the improvements from the City will allow us to keep the doors open, employees employed, and vendors paid for a business that is struggling and in need of a helping hand.

As a show of good faith, we are happy to provide updated information of our financials each quarter to demonstrate our financial abilities.

Of course, our Community Liaison, Brandon Gesicki continues to be available to all the community's questions and concerns.

Thank you in advance for any time taken in consideration of this appeal.

Respectfully Submitted,
r-: DocuSlgned bt:
~ !.;!~~ BEbtSI GW
Brandon Gesicki
Pacific Roots Marina, LLC

Page 3 ends

30 BUILDING SHEET ABBREVIATIONS PROJECT VICINITY MAP
GENERAL BUILDING NOTES
PROJECT LOCATION:

STRUCTURAL
SHELF & POLE
SQUARE FOOT
PUSH BUTTON
ON CENTER

REFRIGERATOR
PRESSURE TREATED

REINFORCED
OWNER FURNISHED
CONTRACTOR INSTALLED
POINT OF CONNECTION
BM FIRE PLACEBEAM FP OFCI
CLEAR
EQUAL

ELEVATION
DISH WASHER
DOUGLAS FIR
DOOR

DIAMETER

CONTINUOUS

CONCRETE
DOUBLE
CLOSET

CENTERLINE

CERAMIC

CEILING
CEMENT

BLOCKING
BOARD
CONTROL JOINT
DRAIN INLET

CLEANOUT
EQ
EL
CLO
E
DW
DR
DIA
DI
EAST
CONC
CONTIN
DBL
DF
CO
CLG
CLR
CER
CJ
BLKG
BRD
CEM
STRUCT
S&P
MEDICINE CABINET

MINIMUM

MANUFACTURER

MAXIMUM
HOSE BIBB

LAVATORY
HIGH OR HEIGHT

GALVANIZED
GROUND FAULT INTERRUPTER
LAV
MTL
MC
MIN
METAL
LT
MAX
MANF
LIN
LB
LIGHT
LINEN
POUND
HB
JTS
GYP
H
JOIST
GYPSUM
GFCI
GALV
GL
GA
GLASS
GAUGE
SLD
SIMP
SIM
SHTHG
SHWR
'SIMPSON'

SLIDING

SIMILAR

SHEATHING
SHOWER
S
SF
SB
RWD
RM
SOUTH
SET BACK

REDWOOD
ROOM
R
REINF
REF
PT
POC
RISER
PB
PL

PH PHONE
PLATE

ALUMINUM
ANCHOR BOLT

ADJACENT
ALUM
AB
ADJ

FLUORESCENT
FINISH FLOORFF
FLUOR

FIX FIXTURE
N
OC
O/
NORTH
OVER
TOP OF GRADETOG
WELDED WIRE MESH
WATER PROOF
WATER HEATER
WATER CLOSET
UNDER COUNTER REFRIG.

WH
WWM
WP
WOOD
WEST
WITH
WC
WD
W/
W
TOP OF SLAB

TYPICAL

TELEVISIONTV
UCR
TYP
TOS
TOP OF CONCRETE

TEMPERED
TREADT
TOC
TEMP
TOP OF FLOORTOF
TOP OF PAVEMENTTOP
TOP OF WALLTOW
BOW BOTTOM OF WALL
CL
CENTER TO CENTERCC
DRAWING DATA CONTAINED HEREIN IS AS EXACT AS COULD BE DETERMINED WITHIN THE PROJECT DESIGNER'S DESIGN SCOPE OF SERVICES RENDERED. AS SUCH THE ABSOLUTE ACCURACY OF THE DESIGN DATA IS NOT GUARANTEED. THE GENERAL ENGINEERING CONTRACTOR, GENERAL CONTRACTOR AND SUBCONTRACTORS SHALL ENDEAVOR TO OBTAIN, VERIFY AND CONFIRM EXACT DESIGN DATA ON SITE AND SU
ITABLY ADAPT THE WORK TO CONFORM TO EXACT CONDITIONS ON SITE. THE CONTRACTOR SHALL REPORT ANY DESIGN DATA AMBIGUITIES OR DISCREPANCIES CONTAINED IN THE CONTRACT TO THE OWNER IN WRITING. ALL MODIFICATIONS REQUIRED TO ADAPT THE WORK SHALL BE MADE BY THE CONTRACTOR AT THE CONTRACTOR'S EXPENSE.

THE GENERAL ENGINEERING CONTRACTOR SHALL REMOVE ALL EXISTING LANDSCAPE MATERIAL NOT PROTECTED, CONCRETE PATIOS/WALKWAYS, YARD FENCING AND POST FOOTINGS, GARAGE STRUCTURE AND FOUNDATION, AND ALL ABANDONED UTILITIES. THE CONTRACTOR SHALL REMOVE EXISTING SITE LIGHTING AND IRRIGATION SYSTEM WITHIN THE AREA OF WORK, TERMINATE/CAP‐OFF DISCONNECTION POINTS, AND TURN OVER ALL EXISTING SYSTEM COMP ONENTS TO THE OWNER FOR FUTURE USE. ALL TOP SOIL SHALL BE REMOVED AND STORED FOR USE IN FINISH
GRADING.

AREA OF WORK

10.01 AFTER COMPLETION OF THE WORK DESCRIBED IN THEIR RESPECTIVE CONTRACTS AND PRIOR TO ACCEPTANCE, THE GENERAL ENGINEERING CONTRACTOR, GENERAL CONTRACTOR AND SUBCONTRACTORS SHALL THOROUGHLY CLEAN ALL EXPOSED SURFACES OF THEIR RESPECTIVE WORK COMPLETED.

AFTER COMPLETION OF THE WORK DESCRIBED IN THEIR RESPECTIVE CONTRACTS AND PRIOR TO PROJECT ACCEPTANCE, THE GENERAL ENGINEERING CONTRACTOR, GENERAL CONTRACTOR AND SUBCONTRACTORS SHALL THOROUGHLY TEST AND PROPERLY START UP ALL PROJECT EQUIPMENT AS REQUIRED TO SECURE AND MAINTAIN SPECIFIED EQUIPMENT WARRANTIES. THE GENERAL ENGINEERING CONTRACTOR, GENERAL CONTRACTOR AND SUBCONTRACTORS SHALL REVIEW AL L MANUFACTURER'S RECOMMENDED OPERATIONS PROCEDURE WITH THE OWNER PRIOR TO PROJECT ACCEPTANCE.

7.02 7.01
SPECIFIC TRADE NAMES MENTIONED IN THE DRAWINGS ARE FOR THE PURPOSES OF ESTABLISHING MINIMUM STANDARDS OF QUALITY, STYLE OR TYPE, AND SHALL NOT BE CONSTRUED TO RESTRICT SUBSTITUTIONS. ALL SUBSTITUTIONS SHALL BE SUBMITTED TO AND APPROVED BY THE OWNER IN
WRITING WITHIN A SUFFICIENT TIME FRAME AS NOT TO DELAY PROJECT COMPLETION.

SUBSTITUTIONS FOR SPECIFIED MATERIALS:

CLEAN UP AND START UP RESPONSIBILITIES

6.01 5.02
PRIOR TO CONTRACT APPROVAL, THE GENERAL ENGINEERING
CONTRACTOR, GENERAL CONTRACTOR AND SUBCONTRACTORS SHALL VERIFY AND CONFIRM THE DESIGN REQUIREMENTS OF ALL NEW AND EXISTING ARCHITECTURAL, STRUCTURAL, PLUMBING, MECHANICAL, AND ELECTRICAL SYSTEMS AND REPORT ANY AMBIGUITIES OR DISCREPANCIES CONTAINED IN THE CONTRACT TO THE OWNER IN WRITING. ALL MODIFICATIONS REQUIRED TO COMPLETE THE CONTRACT RES ULTING FROM AMBIGUITIES OR DISCREPANCIES NOT REPORTED PRIOR TO CONTRACT APPROVAL SHALL BE MADE BY EACH SUBCONTRACTOR AT THEIR EXPENSE.

THE OWNER SHALL BE RESPONSIBLE FOR OBTAINING ALL REQUIRED PLAN REVIEW, PERMIT, LICENSE, AND INSPECTION APPROVALS. ALL FEES REQUIRED FOR APPROVAL SHALL BE PAID BY THE OWNER.

THE GENERAL ENGINEERING CONTRACTOR, GENERAL CONTRACTOR AND SUBCONTRACTORS SHALL GUARANTEE THAT ALL WORK REQUIRED TO CONSTRUCT THE PROJECT BE A COMPLETE WORKING SYSTEM AND SHALL OPERATE FREE FROM DEFECTS IN WORKMANSHIP AND MATERIALS. THE CONTRACTOR AGREES TO REPLACE, WITHOUT EXPENSE TO THE OWNER, ANY PROJECT COMPONENTS WHICH THE OWNER DETERMINES TO BE DEFECTIVE WITHIN ONE (1) CA LENDAR YEAR FROM THE DATE OF FINAL CONTRACT ACCEPTANCE.

PERMITS, LICENSES, INSPECTIONS AND FEES
DATA AND MEASUREMENTS:

5.01 GUARANTEE

4.01 3.01
REGULATIONS AND STANDARDS
THE GENERAL ENGINEERING CONTRACTOR, GENERAL CONTRACTOR AND SUBCONTRACTORS SHALL CONFORM TO THE LATEST APPLICABLE, ADOPTED EDITION OF THE CALIFORNIA CODE OF REGULATIONS, TITLE‐24,
CALIFORNIA BUILDING CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA ELECTRICAL CODE, AND ALL LOCAL CODES AND ORDINANCES REQUIRED TO RECEIVE A CERTIFICATE OF OCCUPANCY FROM THE BUILDING OFFI CIAL HAVING JURISDICTION OVER THE PROJECT.

APPLICABLE LAWS, ORDINANCES,
THE GENERAL ENGINEERING CONTRACTOR, GENERAL CONTRACTOR AND SUBCONTRACTORS SHALL PERFORM ALL WORK REQUIRED BY APPLICABLE BUILDING CODES AND REGULATIONS TO PASS ALL REQUIRED BUILDING INSPECTIONS.

2.02 2.01
THE CONSTRUCTION CONTRACT RELATED TO THE WORK OF THIS
PROJECT IS HEREBY MADE A PART OF THESE DRAWINGS AS THOUGH FULLY CONTAINED THEREIN.

THE GENERAL ENGINEERING CONTRACTOR, GENERAL CONTRACTOR AND SUBCONTRACTORS SHALL COMPLETE ALL WORK REQUIRED TO RECEIVE A CERTIFICATE OF OCCUPANCY FROM THE BUILDING OFFICIAL HAVING JURISDICTION OVER THIS PROJECT. THE SCOPE OF PERMIT CO MPLIANCE WORK IS INCLUDED IN THE GENERAL CONTRACT FOR CONSTRUCTION OF THIS PROJECT. THE GENERAL ENGINEERING CONTRACTOR, GENERAL CONTRACTOR AND SUBCONTRACTORS SHALL BE RESPONSIBLE FOR AND GOVERNED BY ALL OF THE REQUIREMENTS THEREUNDER.

PRIOR TO CONTRACT APPROVAL, THE GENERAL ENGINEERING CONTRACTOR, GENERAL CONTRACTOR AND SUBCONTRACTORS SHALL VISIT THE PROJECT SITE, AND BY THEIR OWN INVESTIGATION, DETERMINE EXISTING SITE CONDITIONS AS TO THE QUANTITIES OF MATERIALS, LABOR HOURS, AND ANY OTHER COST ASSOCIATED WITH WORK THAT IS TO BE DONE UNDER THEIR CONTRACT AND AS REQUIRED TO PA SS ALL BUILDING PERMIT INSPECTIONS. ALL MODIFICATIONS REQUIRED BY THE INSPECTION AUTHORITY SHALL BE MADE BY EACH SUBCONTRACTOR AT THEIR EXPENSE.

SCOPE:

1.04 1.03

1.02 1.01

5.03 DIMENSIONS TO DOORS, WINDOWS, AND OPENINGS ARE NOMINAL WIDTHS.

REFER TO THE MANUFACTURER FOR ACTUAL ROUGH OPENINGS.

5.04 NORMAL AND CUSTOMARY CONSTRUCTION ACTIVITY SHALL INCLUDE ANY CONSTRUCTION ACTIVITY CONDUCTED MONDAY THROUGH FRIDAY, 6:00 A.M. TO 8:00 P.M., AND SATURDAYS 8:00 A.M. TO 6:00 P.M., EXCLUDING FEDERAL HOLIDAYS PER CCR

6.14B.

HOURS OF CONSTRUCTION

11.01 THE GENERAL ENGINEERING CONTRACTOR, GENERAL CONTRACTOR AND SUBCONTRACTORS SHALL TAKE REASONABLE MEASURES TO ENSURE THAT SITE IS PREPPED AND MAINTAINED SO THAT NO EROSION TO STREET, NEIGHBORS, AND REAR LOT DRAIN OCCURS.

7.03 REFERENCE NORTH
SHEET INDEX
OCCUPANCY LOAD CALCULATION: TENANT SPACE SQUARE FOOTAGE:
1977 SQFT
33 OCCUPANTS
PROJECT SCOPE: DESIGN REVIEW FOR NEW DISPENSARY
LOCATED AT 3100 DEL MONTE BLVD IN
MARINA, CA. INCLUDES TENANT
IMPROVEMENT.

REQUIRED EXIT CALCULATION:

CONSTRUCTION TYPE: TYPE VB ONE STORY
NON FIRE‐SPRINKLED
2016 CBC, TABLE 1004.1.2
APPLICABLE BUILDING CODE:

OCCUPANCY GROUP: M (MERCHANTILE) ‐ DISPENSARY
2016 CBC, CEC, CMC, CPC, CEC, CEC
(ENERGY CODE), CFC, & CGBC
PROJECT DATA
2 REQUIRED EXITS (2 SUPPLIED)
SEAN FREITAS, ARCHITECT LIMITS ITS RESPONSIBILITY TO INFORMATION REPRESENTED THEREIN AND THE INTENDED USE THEREOF AND ASSUMES NO RESPONSIBILITY FOR ACTUAL AS‐BUILT CONDITIONS.

NOTES
DO NOT SCALE THE DRAWINGS. WRITTEN DIMENSIONS AND ACTUAL BUILDING MEASUREMENTS TAKE PRECEDENCE OVER SCALED DRAWING INFORMATION.

ALL WALL DIMENSIONS ARE NOMINAL, FACE OF STUD TO FACE OF STUD.

WALL FINISH DIMENSIONS ARE NOT TAKEN INTO ACCOUNT AND ARE THE RESPONSIBILITY OF THE CONTRACTOR AND SUBCONTRACTORS TO DETERMINE PROPER CLEARANCES.

F R E I T A S
A R C H I T E C T
S E A N
(916) 580‐9981
[email protected]
SEANFREITAS.COM
PROJECT:

SHEET:

SHEET: OF SHEETS
TITLE:

THIS PROJECT IS NOT APPROVED FOR CONSTRUCTION
UNLESS THE DRAWINGS ARE STAMPED AND WET SIGNED BY
THE ARCHITECT AND THE BUILDING AUTHORITY HAVING
JURISDICTION OVER THE PROJECT.

ARCHITECT'S APPROVAL
I NTEC
O
NO. C23563
REN. 7/21
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Project Issue Date:

Project Status:

Sheet Issue Date:

Revision Number:

Revision Date:

CLIENT:

Email:

Tel:

THESE DRAWINGS ARE INSTRUMENTS
OF SERVICE AND ARE THE PROPERTY OF
SEAN FREITAS, ARCHITECT. ALL DESIGN
INFORMATION CONTAINED IN THESE
DRAWINGS ARE FOR USE ONLY ON THIS
SPECIFIED PROJECT AND SHALL NOT BE
USED OTHERWISE WITHOUT EXPRESSED
WRITTEN PERMISSION. © 2000‐2018
SEAN FREITAS ALL RIGHTS RESERVED
PACIFIC ROOTS ‐MARINA
ATTN: AARON HERZBERG
(MANAGING PARTNER)
1149 S HILL ST, STE 425
LOS ANGELES, CA 90015
(213)429‐7071
[email protected]
THIS PROJECT TO BE COMPLAINT WITH MONTEREY COUNTY HEALTH DEPARTMENT REQUIREMENTS FOR CANNABIS RETAIL FACILITIES.

PROPERTY PROJECT DATA TABLE
BUILDING HEIGHT: 22'‐6" (MAX. BUILDING HEIGHT) ‐ EXISTING 18'‐0" (AT PROPOSED PROJECT) ‐ EXISTING
BUILDING SITE AREA: 57,656 SQUARE FEET
SITE WIDTH: 253'‐2" (MAX.)
133'‐2" (MIN.)
FRONT SETBACK: 25'‐8" (MIN. AT MAIN BUILDING) ‐ EXISTING 41'‐4" (AT PROPOSED PROJECT) ‐ EXISTING
5'‐6" (AT MOTEL) ‐ EXISTING
SIDE SETBACK: 9'‐0" (AT MOTEL) ‐ EXISTING
14'‐9" (AT PROPOSED PROJECT) ‐ EXISTING
REAR SETBACK: 9'‐0" (AT MOTEL) ‐ EXISTING
35'‐8" (AT PROPOSED PROJECT) ‐ EXISTING
FLOOR AREA RATIO: 22,490 SF ‐ (E) BUILDING / 57,656 SF ‐ SITE = 0.39 RATIO
PARKING CALCULATION: REQUIREMENT: 1 SPACE PER 275 SF
22,490 SF / 275 = 82 SPACES (REQUIRED)
86 SPACES (EXISTING)
DESIGN REVIEW FOR
PACIFIC ROOTS ‐ MARINA
3100 DEL MONTE BOULEVARD
MARINA, CA 93933
APN:032‐192‐018‐000
20190505
DESIGN REVIEW FOR
PACIFIC ROOTS ‐MARINA
A1.11
COVER SHEET
05‐27‐2019
DESIGN REVIEW
05‐27‐2019
3100 DEL MONTE BOULEVARD
MARINA, CA 93933
Sheet # Sheet Title
A1.11 COVER SHEET
A2.11 SITE PLAN
A3.00 AS‐ BUILT/DEMOLITION PLAN
A3.01 PROPOSED FLOOR PLAN
A3.11 FLOOR PLAN SECURITY PLAN
A4.11 ELEVATIONS EXTERIOR
A4.12 ELEVATIONS EXTERIOR
A5.11 ROOF PLAN & ROOF SECURITY PLAN
A7.11 INTERIOR RENDERINGS
A7.12 INTERIOR RENDERINGS
A7.13 INTERIOR RENDERINGS
A8.11 MATERIALS & COLOR SAMPLES
3100 DEL MONTE BOULEVARD
MARINA, CA 93933
31 32
(E) 18 PARKING STALLS
(E) 43 PARKING STALLS
(E) ACCESSIBLE PARKING
(E) ACCESSIBLE

PARKING
THIS PROJECT
(PROPOSED DISPENSARY)
NOT IN SCOPE
(ADJACENT TENANT)
NOT IN SCOPE
(ADJACENT TENANT)
NOT IN SCOPE
(ADJACENT TENANT)
NOT IN SCOPE
(ADJACENT

TENANT)
D E L M O N T E B L V D .

C A R M E L A V E .
(E) LANDSCAPING
(E) LANDSCAPING
D E L M O N T E B L V D .
255.00'
120.00'
120.00'
179.33'
269.33'
133.18'
9' - 0"
9' - 0"
APN: 032‐192‐018
ACRES: 1.324
AREA: 57,656 SF
ZONING: C‐1
BUILDING STORIES: TWO (2)
BUILDING AREA: 22,490 SF
COVERAGE: 39.0%
= 22,490 SF / 57,656 SF
(N) LANDSCAPING
AREA
(N) TRUNCATED DOMES
(EA. SIDE OF WALK)
(N) STRIPING
(N) 36" CONC. WALK
(N) 6" CURB
(N) GUTTER
(N) PARKING STALL

RESTRIPED
PARKING (1 NEW
STALL)

RESTRIPED
PARKING (1 NEW
STALL)
(N) LANDSCAPING
AREA
(N) TRUNCATED DOMES
(EA. SIDE OF WALK)
(N) STRIPING
(N) LANDSCAPING
AREA
(N) 60" CONC. WALK
(N) 60" CONC. WALK
(N) GUTTER
(N) GUTTER
(N) 6" CURB
(N) 6" CURB
(N) PATH OF TRAVEL
ADDRESS USE SQFT SPACE CRITERIA REQUIRED SPACES
3100 DISPENSARY ‐ RETAIL 1977 1 SPACE PER 275 SQFT 7 SPACES 3102 RESTAURANT 2002 1 SPACE PER 60 SQFT
OF DINING AREA (1200)
20 SPACES
3104 SALON 1020 1 SPACE PER 300 SQFT 3 SPACES
3104A RESIDENTIAL APARTMENT 400 1 SPACE PER UNIT 1 SPACE 3104B RESIDENTIAL APARTMENT 500 1 SPACE PER UNIT 1 SPACE 3104C RESIDENTIAL APARTMENT 550 1 SPACE PER UNIT 1 SPACE 3104D RESIDENTIAL APARTMENT 500 1 SPACE PER UNIT 1 SPACE 3106 FLORIST 700 1 SPACE PER 275 SQFT 3 SPACES
3106A RETAIL SPACE 360 1 SPACE PER 275 SQFT 1 SPACE
3110 MOTEL 10400 2 SPACES PLUS 1 PER
UNIT (25)
27 SPACES
209
CARMEL
RESIDENTIAL APARTMENT 620 1 SPACE PER UNIT 1 SPACE
TOTAL SPACES REQUIRED: 66 SPACES
TOTAL SPACES PROVIDED: 84 SPACES
PARKING CALCULATIONS: F R E I T A S
A R C H I T E C T
S E A N
(916) 580‐9981
[email protected]
SEANFREITAS.COM
PROJECT:

SHEET:

SHEET: OF SHEETS
TITLE:

THIS PROJECT IS NOT APPROVED FOR CONSTRUCTION
UNLESS THE DRAWINGS ARE STAMPED AND WET SIGNED BY
THE ARCHITECT AND THE BUILDING AUTHORITY HAVING
JURISDICTION OVER THE PROJECT.

ARCHITECT'S APPROVAL
I NTEC
O
NO. C23563
REN. 7/21
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Project Status:

Sheet Issue Date:

Revision Number:

Revision Date:

Email:

Tel:

REFERENCE NORTH
SCALE: 1" = 20'-0"1 SITE PLAN - ALT1
33 6 6
5 5
2 2
1 1
3 3
4 4
F
F
E
E
D
D
C
C
B
B
A
A
(E) BAR SEATING
(E) BACK BAR
(E) STORAGE
(E) STORAGE
(E) STORAGE
(E) STORAGE
(E) STORAGE
(E) WALL (TO BE

REMOVED)
(E) WALL (TO BE

REMOVED)
(E) BAR (TO BE
REMOVED) (E) DOOR (TO BE

REMOVED)
(E) WALL (TO BE

REMOVED)
(E) DOORS (TO BE

REMOVED)
(E) SOFFIT (TO BE

REMOVED)
(E) DOOR (TO BE
REMOVED & INFILLED)
(E) DOOR (TO BE
REMOVED & INFILLED)
(E) WALL (TO BE

REMOVED)
9' - 0 1/2" 35' - 7 1/2" 16' - 9" 16' - 8" 19' - 11"
9' - 0 1/2" 35' - 7 1/2" 16' - 9" 16' - 8" 19' - 11"
26' - 2"4' - 1"
5 3/4"
7 3/4"
8 1/2"
26' - 2"4' - 1"
5 3/4"
7 3/4"
8 1/2"
(E) WALLS (ABOVE)
(E) RAMP
(E) UTILITY
CLOSET
(E) STORAGE
ROOMS
F R E I T A S
A R C H I T E C T
S E A N
(916) 580‐9981
[email protected]
SEANFREITAS.COM
PROJECT:

SHEET:

SHEET: OF SHEETS
TITLE:

THIS PROJECT IS NOT APPROVED FOR CONSTRUCTION
UNLESS THE DRAWINGS ARE STAMPED AND WET SIGNED BY
THE ARCHITECT AND THE BUILDING AUTHORITY HAVING
JURISDICTION OVER THE PROJECT.

ARCHITECT'S APPROVAL
I NTEC
O
NO. C23563
REN. 7/21
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Sheet Issue Date:

Revision Number:

Revision Date:

Email:

Tel:

REFERENCE NORTH
SCALE: 1/4" = 1'-0"1 AS-BUILT/DEMOLITION PLAN
SCALE: 1/8" = 1'-0"2 EXISTING AS-BUILT (BASEMENT LEVEL) SCALE:
0 2' 4' 8'

REFERENCE NORTH
34 6 6
5 5
2 2
1 1
3 3
4 4
F
F
E
E
D
D
C
C
B
B
A
A
LOBBY
16'‐3"x15'‐11"
230 SF
PUBLIC RESTROOM
7'‐6"x8'‐9"
66 SF
COMMUNITY ROOM
17'‐8"x8'‐9"
154 SF

SECURITY/

SURVEILLANCE/
CHECK‐IN
8'‐8"x8'‐8"
75 SF
NON‐CANNABIS STORAGE
35'‐3"x4'‐5"
143 SF

STORAGE
21'‐7"x8'‐9"
252 SF
HALL

CORRIDOR
STAFF RESTROOM
7'‐4"x10'‐2"
75 SF BREAK ROOM
15'‐8"x8'‐4"
131 SF
SECURE
EXIT
SERVER ROOM
13'‐1"x6'‐0"
78 SF

STORAGE/PREP
13'‐1"x13'‐9"
252 SF

OFFICE/RECORDS
13'‐1"x8'‐6"
111 SF
ORDER PROCESSING
18'‐0"x15'‐11"
287 SF
CANNABIS SALES
48'‐4"x15'‐11"
714 SF
98' - 0"
9' - 0 1/2" 35' - 7 1/2" 16' - 9" 16' - 8" 19' - 11"
32' - 1"
26' - 2"4' - 1"
5 3/4"
7 3/4"
8 1/2"
98' - 0"
9' - 0 1/2" 35' - 7 1/2" 16' - 9" 16' - 8" 19' - 11"
32' - 1"
26' - 2"4' - 1"
5 3/4"
7 3/4"
8 1/2"
(N) WALL MOUNTED
FLOWER POTS
(N) POTTED PLANT
(N) BUILT‐IN
COOLER
(N) PRODUCT DISPLAY W/
PLANT SHELF (ABOVE)
(N) PRODUCT DISPLAY
(N) P.O.S.
(N) SALES COUNTER
(N) WALL MOUNTED
MENU SCREENS
(N) PAINTED LOGO
(N) OCEAN MORAL
(ENTIRE WALL)
(N) ILLUMINATED NEON
LOGO SIGN
(N) FABRIC WAITING BENCH
(N) ARTWORK
(N) ARTWORK
(N) CHECK‐IN COUNTER
(N) POTTED PLANT
(N) LOCKERS
(N) FRIDGE
(N) COUNTER
W/ SINK
DN
(N) SECURITY
WALL
F R E I T A S
A R C H I T E C T
S E A N
(916) 580‐9981
[email protected]
SEANFREITAS.COM
PROJECT:

SHEET:

SHEET: OF SHEETS
TITLE:

THIS PROJECT IS NOT APPROVED FOR CONSTRUCTION
UNLESS THE DRAWINGS ARE STAMPED AND WET SIGNED BY
THE ARCHITECT AND THE BUILDING AUTHORITY HAVING
JURISDICTION OVER THE PROJECT.

ARCHITECT'S APPROVAL
I NTEC
O
NO. C23563
REN. 7/21
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Project Status:

Sheet Issue Date:

Revision Number:

Revision Date:

Email:

Tel:

REFERENCE NORTH
SCALE: 1/4" = 1'-0"1 PROPOSED FLOOR PLAN
35 X

NON-CANNABIS STORAGE
4'-5"35'-3"
AREA: 143 SF
X
ORDER

PROCESSING
15'-11"18'-0"
AREA: 287 SF
X
LOBBY
15'-11"16'-3"
AREA: 230 SF
X
SECURE
EXIT
8'-4" 5'-4"
AREA: 44 SF
X
OFFICE
/RECORDS
8'-6"13'-1"
AREA: 111 SF
X

CORRIDOR
9'-2"35'-2"
AREA: 207 SF
X
PREP
/STORAGE
13'-9"13'-1"
AREA: 252 SF
X

CANNABIS
SALES
15'-11"42'-5"
AREA: 716 SF
X

BREAK ROOM
8'-4"15'-8"
AREA: 131 SF
X
UNISEX

RESTROOM
8'-4" 7'-4"
AREA: 61 SF
X

COMMUNITY ROOM
8'-3"17'-2"
AREA: 142 SF
X

STORAGE
8'-9"21'-7"
AREA: 189 SF
X
PUBLIC

RESTROOM
8'-3" 7'-6"
AREA: 62 SF
X
SERVER
6'-0"13'-1"
AREA: 252 SF
X

SECURITY/

SURVEILLANCE
8'-8" 8'-8"
AREA: 75 SF
SCALE:
1FLOOR PLAN - LEVEL 1
0 4'
PROJECT: 20190505
NEW TENANT IMPROVEMENT FOR:
3100 DEL MONTE BOULEVARD
MARINA, CA 93933

AARON HERZBERG
(DISPENSARY)

F R E I T A S

A R C H I T E C T

S E A N
SHEET:

TITLES:

SHEET: SHEETSOF
DATE: 5/24/2019
--

DESIGN REVIEW DRAWING

NOT FOR

CONSTRUCTION

THIS PROJECT IS NOT APPROVED FOR

CONSTRUCTION UNLESS THE DRAWINGS ARE

STAMPED AND WET SIGNED BY THE ARCHITECT AND
THE BUILDING AUTHORITY HAVING JURISDICTION.
(916) 580-9981
[email protected]
SEANFREITAS.COM
CLIENT:

These drawings are instruments of
service and are the property of
Sean Freitas, Architect. All design
informa�on contained in these
drawings are for use only on this
speciﬁed project and shall not be
used otherwise without the
expressed wri�en permission by
Sean Freitas, Architect.

A3.11
FLOOR PLAN - LEVEL 1
1 2
1 2
1 1
Security Equipment Storage Rack
Video/Intercom System
UL Rated Vault Door with Group 1 Lock
Two-Factor Authentication AC Device
100 Decibles Audible Interior/Exterior Siren
UL Rated Burglary-Resistant Fireproof Safe
2FA
UPS
VD
INT
3 Uniterruptible Power Supply
1 7
3 4
13 5 MP Fisheye 360-degree IP/IR Camera
2 MP Indoor Fixed IP/IR Camera
5 MP Panaromic 180-degree IP/IR Camera
Alarm Arming Keypad
PIR Alarm Motion Sensor
Video Surveillance Camera Monitor
MD
VM
K
180
360
15 2MP POS Overhead Camera 6
B Door Buzzer for Remote Entry
6 1
6 Glass Break Alarm Sensor
Magnetic Door Alarm Contact
Emergency Holdup/Duress Alarm Button H
DC
GB
1 9Access Control Device (Keycard PIN Biometric)AC
1Vault Wall
3Roll Down Security DoorRDSD
360360
360
180
180
180
180
180
180
180
VM
VM
VM
VM
AC
AC
AC
AC
AC
AC
AC
AC
AC
2FA
2FA
2FA
INT
RDSD
RDSD
RDSD
MD
MD
MD
MD
MD
MD
MD
MD
MD
MD
MD
MD
MD
UPS
K B
H
H
HHH
H
DC
DC
DCDC
DC
DC
GB
VD
36 THIS PROJECT
NOT IN SCOPE
(E) ENTRY DOOR
(E) WINDOW
(E) WINDOW (TO BE BLOCKED FROM INTERIOR)
(E) COVERED WALKWAY
(E) ROOF LINE
(E) LAP SIDING
(E) FINISHED GRADE
22' - 6"
18' - 0"
THIS PROJECT
NOT IN SCOPE
(E) LAP SIDING
(E) ROOF LINE
(E) FINISHED GRADE
(E) LAP SIDING
(E) ROOF LINE
(E) WINDOWS
(E) FINISHED GRADE
THIS PROJECT
NOT IN SCOPE
THIS PROJECT
NOT IN SCOPE
(E) LAP SIDING
(E) ROOF LINE
(E) FINISHED GRADE(E) DOOR (TO BE REMOVED
AND INFILLED)
(E) DOOR (TO BE REMOVED
AND INFILLED)
(E) COVERED

WALKWAY
F R E I T A S
A R C H I T E C T
S E A N
(916) 580‐9981
[email protected]
SEANFREITAS.COM
PROJECT:

SHEET:

SHEET: OF SHEETS
TITLE:

THIS PROJECT IS NOT APPROVED FOR CONSTRUCTION
UNLESS THE DRAWINGS ARE STAMPED AND WET SIGNED BY
THE ARCHITECT AND THE BUILDING AUTHORITY HAVING
JURISDICTION OVER THE PROJECT.

ARCHITECT'S APPROVAL
I NTEC
O
NO. C23563
REN. 7/21
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Project Issue Date:

Project Status:

Sheet Issue Date:

Revision Number:

Revision Date:

Email:

Tel:

PACIFIC ROOTS ‐MARINA
ATTN: AARON HERZBERG
(MANAGING PARTNER)
1149 S HILL ST, STE 425
LOS ANGELES, CA 90015
(213)429‐7071
[email protected]
20190505
DESIGN REVIEW FOR
PACIFIC ROOTS ‐MARINA
A4.11
ELEVATIONS EXTERIOR
05‐27‐2019
DESIGN REVIEW
05‐03‐2019
3100 DEL MONTE BOULEVARD
MARINA, CA 93933
SCALE: 1" = 10'-0"1 (E) EXTERIOR ELEVATIONS - FRONT
SCALE: 1" = 10'-0"2 (E) EXTERIOR ELEVATIONS - REAR
SCALE: 1" = 10'-0"3 (E) EXTERIOR ELEVATIONS - LEFT
SCALE: 1" = 10'-0"4 (E) EXTERIOR ELEVATIONS - RIGHT
37 (N) ENTRY DOOR
(E) WINDOW W/ LOGOS
(N) SPANISH TILE ROOFING
COVERED WALKWAY
(N) PARAPET CAP W/
TRIM BOARDS
(N) STUCCO FINISH
(E) FINISHED GRADE
(E) BRICK WATERTABLE
TO BE EXTENDED
(N) BOARD & BATTEN
STUCCO FINISH
(N) REMODELED POSTS
W/ BRICK BASES
22' - 6"
18' - 0"
F R E I T A S
A R C H I T E C T
S E A N
(916) 580‐9981
[email protected]
SEANFREITAS.COM
PROJECT:

SHEET:

SHEET: OF SHEETS
TITLE:

THIS PROJECT IS NOT APPROVED FOR CONSTRUCTION
UNLESS THE DRAWINGS ARE STAMPED AND WET SIGNED BY
THE ARCHITECT AND THE BUILDING AUTHORITY HAVING
JURISDICTION OVER THE PROJECT.

ARCHITECT'S APPROVAL
I NTEC
O
NO. C23563
REN. 7/21
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Project Status:

Sheet Issue Date:

Revision Number:

Revision Date:

Email:

Tel:

AARON HERZBERG
(DISPENSARY)

F R E I T A S

A R C H I T E C T

S E A N
SHEET:

TITLES:

SHEET: SHEETSOF
DATE: 5/23/2019
--

DESIGN REVIEW DRAWING

NOT FOR

CONSTRUCTION

THIS PROJECT IS NOT APPROVED FOR

CONSTRUCTION UNLESS THE DRAWINGS ARE

STAMPED AND WET SIGNED BY THE ARCHITECT AND
THE BUILDING AUTHORITY HAVING JURISDICTION.
(916) 580-9981
[email protected]
SEANFREITAS.COM
CLIENT:

A5.11

PROJECT - ROOF PLAN
4MP Outdoor Bullet Camera 6
39 F R E I T A S
A R C H I T E C T
S E A N
(916) 580‐9981
[email protected]
SEANFREITAS.COM
PROJECT:

SHEET:

SHEET: OF SHEETS
TITLE:

THIS PROJECT IS NOT APPROVED FOR CONSTRUCTION
UNLESS THE DRAWINGS ARE STAMPED AND WET SIGNED BY
THE ARCHITECT AND THE BUILDING AUTHORITY HAVING
JURISDICTION OVER THE PROJECT.

ARCHITECT'S APPROVAL
I NTEC
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NO. C23563
REN. 7/21
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Project Issue Date:

Project Status:

Sheet Issue Date:

Revision Number:

Revision Date:

Email:

Tel:

SHEET:

SHEET: OF SHEETS
TITLE:

THIS PROJECT IS NOT APPROVED FOR CONSTRUCTION
UNLESS THE DRAWINGS ARE STAMPED AND WET SIGNED BY
THE ARCHITECT AND THE BUILDING AUTHORITY HAVING
JURISDICTION OVER THE PROJECT.

ARCHITECT'S APPROVAL
I NTEC
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NO. C23563
REN. 7/21
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Project Issue Date:

Project Status:

Sheet Issue Date:

Revision Number:

Revision Date:

Email:

Tel:

SHEET:

SHEET: OF SHEETS
TITLE:

THIS PROJECT IS NOT APPROVED FOR CONSTRUCTION
UNLESS THE DRAWINGS ARE STAMPED AND WET SIGNED BY
THE ARCHITECT AND THE BUILDING AUTHORITY HAVING
JURISDICTION OVER THE PROJECT.

ARCHITECT'S APPROVAL
I NTEC
O
NO. C23563
REN. 7/21
E
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P.

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ISSUES:

Project Issue Date:

Project Status:

Sheet Issue Date:

Revision Number:

Revision Date:

Email:

Tel:

SHEET:

SHEET: OF SHEETS
TITLE:

THIS PROJECT IS NOT APPROVED FOR CONSTRUCTION
UNLESS THE DRAWINGS ARE STAMPED AND WET SIGNED BY
THE ARCHITECT AND THE BUILDING AUTHORITY HAVING
JURISDICTION OVER THE PROJECT.

ARCHITECT'S APPROVAL
I NTEC
O
NO. C23563
REN. 7/21
E
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Sheet Issue Date:

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CASEWORK METALS
ACCENT COLOR
(OBJECTS)
ACCENT COLOR
(OBJECTS)
ACCENT COLOR
(OBJECTS)
TILE
(CHECK‐IN COUNTER)

FLOORING COUNTERTOPS
RECESSED LIGHTING WALL SCONCE LIGHTING PENDANT LIGHTING (SALES ROOM)
PENDANT LIGHTING
(COUNTERS)
ART LIGHTING
(LOBBY)
43 City of Marina City of Marina
211 HILLCREST AVENUE
MARINA, CA 93933
831- 884-1278; FAX 831- 384-9148
www.cityofmarina.org
Thursday, October 13, 2022 6:30 P.M.

DRAFT

REGULAR MEETING MINUTES OF

PLANNING COMMISSION
Marina City Council Chambers
211 Hillcrest Avenue
Marina, CA

1. Call To Order
Meeting started at 6:30pm

2. Roll Call & Establishment of Quorum

Present: Chair Nancy Amadeo,Vice Chair Brian McCarthy, Hyunsoo Hur, Surinder Rana, Richard St. John, Audra Walton, Glenn Woodson

3. Moment Of Silence & Pledge of Allegiance
Chair Amado gave the pledge of allegiance.

4. Special Announcements and Communications from the Floor Announcements of special events or meeting of interest as information to Board and Public. At this time any person may comment on any item, which is not on the agenda. Please state your name and address for the record. Action will not be taken on an item that is not on the agenda. If it requires action, it will be referred to staff and/or placed on the next agenda. Planning Commission members or City staff may briefly respond to statements made or questions 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 Planning Commission.

5. Ex Parte Communication Disclosures
In the context of any public hearing or action items that come before the Planning Commission (PC), ex parte communications are those which occur outside th e formal hearing process. If such contacts do occur, the substance of the communication must be disclosed to all interested parties in advance of any public hearing or testimony to allow rebuttal. Written ex parte communications must be forwarded to the Co mmunity Development Director so that they can be disclosed to the entire Commission and the public.

6. Informational Items
Attac hment 4 - PC Minutes
44 Planning Commission Meeting
October 13, 2022 Page 2 of 11

7. Consent Agenda
Background information has been provided to the Planning Commission on all matters listed under the Consent Agenda, a nd these items ar e considered to be routine. All items under the Consent Agenda are normally approved by one motion. Prior to such a motion being made , any member of the public or the Planning Commission may ask a question or make a comment about an agenda item and staff w ill provide a response. If discussion or a lengthy explanation is required, that item will be removed from the Consent Agenda and placed at the end of Other Action Items.

A. Planning Commission Action Minutes
September 22, 2022
Motion (Chair McCarthy/Rana) Motion to approve the Action Minutes for August 25, 2022.

The motion was then put to a vote.

Ayes (7):

Noes (0): None
Recuse (0); None
Absent (0):

Abstain (0): None
The motion passes with 7-0-0-0-0 vote
B. Open a Public Hearing, take public testimony, and consider a recommendation to the City Council to adopt a resolution approving amendments to Article 2, Title 17, Sec. 17.12.060 of the Marina Municipal Code (MMC) pertaining to height limits in the Residential Multi-Family (R-4) zoning district. The proposed amendment is exempt from environmental review per Section 15061(b)(3) of the CEQA Guidelines Presented by Senior Planner Alyson Hunter.

Open Commissioner comments-none
Opened Public hearing-none
Motion (St.John/Walton) Motion to approve the hei ght lim it and the number of stories be restored as stated in the code.

The motion was then put to a vote.

Ayes (7):

Noes (0): None
Recuse (0); None
Absent (0):

Abstain (0): None
The motion passes with 7-0-0-0-0 vote
C. Open a Public Hearing, take public testimony, and re-consider adopting a corrected Resolution recommending City Council approval of amendments to Articles 1, 2, and 4 of Title 17 of the Marina Municipal Code (MMC) pertaining to Small and Large Family Child Care Homes, Day Care Centers, Supportive Housing, and Conditional Use Permits for Multi-Family Housing. No 45 Planning Commission Meeting
October 13, 2022 Page 3 of 11
other changes are proposed. The proposed amendments are exempt from environmental review per Section 15061(b)(3) of the CEQA Guidelines Presented by Senior Planner Alyson Hunter Commissioner comments-non
Public Hearing-none
Motion (Walton/Hur) Motion to accept the staff report for supportive housing and go along with staff recommendations.

The motion was then put to a vote.

Ayes (7):

Noes (0): None
Recuse (0); None
Absent (0):

Abstain (0): None
The motion passes with 7-0-0-0-0 vote

8. Public Hearings
Time will be set aside during the Public Hearing to receive oral comments on all items listed as Public Hearings. Staff will present the project brought forth for Planning C ommission consideration and possible action and answer
questions from the Planning Commissioners. The applicant will then have the opportunity to raise any issues. The public will then be invited to approach the podium to provide up to four (4) minutes of public testimony.

A. Open a Public Hearing, take public testimony, and consider making a recommendation to the City Council that it approve the proposed modifications to remove or extend exterior improvement requirements from the Conditional Use Permit 2019-03 and City Council Resolution 2020-65 allowing a medical/adult use cannabis dispensary at 3100 Del Monte Blvd (APN 032-192-018-000). This project is exempt from environmental review per Article 19, Section 15301 of the CEQA Guidelines Presented by Associate Planner Nick McIlroy Questions from the commission
Vice Chair McCarthy: Question about parking that states that there will be an employee parking agreement. Will customers be able to park in the motel and does code differentiate between customers and employees or is this just for the agreement? Associate Planner Nick McIlroy responded: It does specify whether it will be shared for commercial tenants. The assumption is that it will be for customers or employees or anyone that needs to park there. All corresponding signs and striping must be installed withing thirty days of the executed parking agreement.

Vice Chair McCarthy: The space to the right of the Honda. Did the city sign off on the two additional spots that were created?
46 Planning Commission Meeting
October 13, 2022 Page 4 of 11

Associate Planner Nick McIlroy responded; The space will be removed because there will be a sidewalk there. We only required the two handicapped spaces.

Vice Chair McCarthy: If the license were to expire is staff aware of anyone else who wants participate in this license procedure?
Associate Planner Nick McIlroy responded: The city council makes the final action of this item. The planning commission makes a recommendation to the city council to deny or modify staff recommendations of use permit then that will go to the city council.

If the city council decides to deny this amendment, it will mean that city manager will not be able to affirm that they are in full compliance with conditions of approval of their use permit.

CDD Persicone responded: If the commission makes a recommendation one way or the other and the council sustains or overturns it and doesn’t give an extension, then the applicant would not be in compliance. Then the ordinance has a detailed policy that the applicant would go through the process and a lottery process as to who would get the license. The city council is the deciding body.

Commissioner Walton recused herself from this item as she was involved in one of the cannabis submittals a few years ago. If a commissioner does this, they need to shut off their video and mute themselves.

Chair Amadeo: Can Commissioner Walton speak at the public hearing as long as she is not trying to persuade anyone?
CDD Persicone responded: If we were in person, Commissioner Walton could come up to the dais and say I am speaking as the public not as a commissioner, but it is better just to leave the building all together.

Applicant Blake Hogan Project Manager for Pacific Roots Marina gave a presentation on the item.

Commissioner Rana: How is the beautification improvements related to the profit of the business?
Applicant Blake Hogan responded: Façade improvements would be costly to us as we are already at a loss. Facade improvements would be a hinderance. By adding additional costs, it would hinder the ability to move forward in the business.

Commissioner Rana: What is the proposed timeline to complete the revised improvements and how much extension are you needing in your conditional use permit? Associate Planner Nick McIlroy responded: They are allowed 60 days from the decision of city council for beautification, minor repairs and planters. Site/public improvements would be until January 3, 2024 which is one year from their original deadline but it depends on when City Council approves it.
47 Planning Commission Meeting
October 13, 2022 Page 5 of 11

Applicant Blake Hogan responded: We will go with staff recommendations to complete both facade improvement within the 60 day timeline and public works improvements by January 3, 2024.

Vice Chair McCarthy: Condition 20 talks about transfer of permit and no permit shall be transferred without consent of the city. When this body first approved design review of this, it was a Pacific Roots brand with an ocean theme and blue colors throughout and a lot has changed, so what happened? Was there a transfer that went through the city? Applicant Blake Hogan responded: The owners of Pacific roots Marina LLC decided to partner with management and brought on Catalyst to help out management with day to day operations and work with a management agreement in terms of using our branding as well as using our knowledge of catalyst but there was no ownership change came. I am a project manager and catalyst is a management company that works with all three owners and they agreed to work with a name change. No ownership changed just came on as a management company.

Vice Chair McCarthy: When we approved pacific roots, we had a talk about what their logo meant. What is the meaning behind the catalyst logo? Applicant Blake Hogan responded: Not much. The delta symbol means change; Catalyst is just the logo and marketing liked the upside-down A.

Vice Chair McCarthy: Delta 8 and 9 are different descriptors.

Applicant Blake Hogan responded: Yes its coincidental, but the delta was more of a symbol of change because this business is a change of how things have been for a long time.

Open Public hearing 7:18pm, closed at 7:18pm
Back to Commissioner comments
Vice Chair McCarthy: With the transfer of permit and through no fault of Catalyst, it is extremely disingenuous the way this has happened and maybe this is a fault in our ordinance and maybe we need to come back and look at what a transfer really means and how when we approve a business where we say that it cannot transfer but send us something different than what was approved. Maybe we need to have a discussion with staff to a second look at our ordinance.

The staff reports stated that all the interior improvements were completed. The body approved a design that had an ocean theme and different colors. The business has their door open a majority of the time and the window have no treatments on them and you can see right into the business. The interior just has white walls and this is not what this body approved. The concerns are that when the city council approved this lottery process of businesses applying for the 3 valuable cannabis dispensary licenses, we try very hard to be fair and have a level playing field and now we are telling a business who has gotten a 120 day extension and then has gotten a year extension that they will basically not be held to those commitments and were just discussed in the public realm.

The hope is that if we deny this tonight, if the business would find the funding to make 48 Planning Commission Meeting
October 13, 2022 Page 6 of 11

the improvements they promised the community and that we could move forward as a community and that the business would stay. But if they are not able to do that, Vice Chair McCarthy is not personally prepared to approve a motion that allows improvements to be kicked down the road another year. This process is years in the making from the time the city started talking about cannabis dispensaries and applicants started showing interest. That is a long time and is interested in businesses that want to contribute to that community and he hopes it is catalyst and they can make do on the improvements that were originally discussed and if not, then he hopes that the city can open it up and see if anyone can do that. Or maybe catalyst will come back with new improvements that are not as robust.

Commissioner Hur: Vice Chair McCarthy touched on what she wanted to say. When we gave an extension to the cannabis dispensary there were a lot of applicants present who did not get selected and the applicant talked about favoritism to other. Wants to make the commissioners and public aware that we are not doing a favor to the existing owners.

Has similar concerns as Vice Chair McCarthy about all the extensions that we have given and what is our limit so that we will be seen as fair to everyone Commissioner Rana: Agrees with McCarthy that we need to be more deliberate on this Commissioner Woodson: Is not disturbed with the process. He is concerned with the whole façade. The concern is that linking improvements to development of the bigger revitalization are we not setting a precedent for any change for any facilities. If we are accepting it here, then why aren’t we accepting it for other facilities and issues that came before the planning commission and city council over the last year. Why are we making an exception here and put our foot down in other places. The revitalization plan is not in place, so we have no driver. Is it because it is a maintenance improvement or this is not driven by any development laws. So why are we are allowing to do it, if changes are only going to be made to half of the facility, then what are we trying to present on this corridor? What are we trying to achieve by allowing a delay? If we are allowing a delay which will bring us into an overall more compliant facility that will meet what we want or the overall revitalization of the entire corridor, then he is more willing to agreeing to a delay. If we are just doing it to create a delay to provide a better business environment while making improvements, then he’s not sure that he agrees with that. If this delay going to allow us to bring us into compliance with what we are trying to put into place with the new revitalization plan, is this delay going to allow us to do that? CDD Persicone responded: As planners we can only enforce what is on the books.

Commissioner Woodson has pointed out that the downtown plan has been going on for quite a while. It would be challenging to make the customer comply with the plan when it hasn’t even been adopted yet and probably won’t get adopted for at least another year to year and a half depending on how much outreach we need to do. The plan might change because there are a lot of subjective elements to the plan that must be removed by state and big chunks to the plan that have to be rewritten. It would be hard for him to tell the customer that you must comply with this document that will have substantial changes made to it.

Commissioner Woodson: If we approve a delay which will now take it out another year, and the customer is ready to make the changes, would the intent of the developer be that we know that we are asking for a waiver again and the new revitalization plan will be in 49 Planning Commission Meeting
October 13, 2022 Page 7 of 11

place and if it is in place, the customer will agree to meet the revitalization efforts. He will not agree to the delay if they fall back on the old standards. He wants a change made to the façade and want them to meet the long-term goals of the revitalization.

CDD Persicone responded: There are two parts to this problem, the road improvements which are more tied to the downtown plan and then there are the improvements to the actual building. How do we modify it but do it in a way that is respectful of the building. We are trying to make recommendations that are consistent with the general plan. We want to encourage small businesses in Marina, but it is tied to a downtown plan that hasn’t been adopted yet.

Commissioner St. John; There is a significant material change in the design that was proposed years ago by the pacific roots owner to what has already been build and interior design by the catalyst management group. It is not new ownership, but it is definitely not what was approved years ago. Adding a year delay is due to current economic conditions of the business. He voiced his non-support of this type of extension
Chair Amadeo: Concerns about asking for an extension because they have business issues making profit in a business takes a long time and understands that but is concerned about lack of site improvements. What are we actually approving and why? She does not share the same concerns of the interior. Planning commission was told that they could consider the interior design unless the interior had an impact on the exterior of the building like an open space. It has to have an impact to health and welfare. And now the changes do not have an impact to the health and welfare of the public. The Planning Commission is concerned with land use and is it compliant with the general plan and the site plan, is it compliant with what has already been approved and what will happen at the end of that year. If they are already having financial difficulty, is extending it a year actually allowing them to make the changes or are we just extending the eventual demise of a business. When the council looked at cannabis businesses in Marina, before coming up with an ordinance, we hired HDL to see how many dispensaries would be successful in our community and they said one, but we actually approved three. The response from the Mayor was, “well, some are going to go out of business”. Through this process, we are setting ourselves up for losing multiple businesses and allowing someone to stay in business when they are requested to make these changes in their permit for strictly financial reasons does not make sense. We are not here to support local businesses so they can stay open a little bit longer. There is a time where every business has to cut their losses and what is the best way for them to do it. That is not our decision, but it is our decision to allow them to go forward.

Vice Chair McCarthy: Ongoing concern about the interior design. Maybe staff can come back with more legal advice and education for the commissioners on what the law says we can do. It is very nuanced; the ordinance might say no signs outside the building but you have the big sign inside the building that has the same affect. Can you control that? Would like to learn more about that.

Motion (McCarthy/Rana) Motion that the planning commission make a recommendation to the city council that it deny the modifications to remove the required façade improvements and grant an extension of the site improvements and the city council 50 Planning Commission Meeting
October 13, 2022 Page 8 of 11

resolution 2020-65. And have staff come back and let commission know if having the sign approved at staff level was by mistake or by design.

The motion was then put to a vote.

Ayes (6):

Noes (1): Woodson
Recuse (1): Walton
Absent (0):

Abstain (0): None

The motion passes with 6-0-1-0-0 vote

Commissioner Woodson: Spoke on why he voted no. If he had wanted to make an amendment to it or requested additional information and he asked a question and applicant Blake Hogan it did not get to respond. Procedurally woodson has two questions. 1, if he had an amendment, how would he apply that and 2. The applicant never got a chance to reply

Chair Amadeo responded: If you have an amendment, you just literally jump in and say you have a friendly amendment.

CDD Persicone responded: Since this is a potential loss of someone’s license, Karen will be doing detailed minutes and Commissioner Woodson’s comments will be in the minutes

Chair Amadeo: Concerned that the applicant never got to respond to the question

CDD Persicone responded: The motion has already been voted on and approved, but we can go back and have the applicant answer the question.

Commissioner Woodson: If we approve the delay and that then took us into when it came up for construction that the building support plan of that is in place, would they meet the new revitalization guidelines or would they then try to meet the requirements that are in place today when the extension was approved?

Applicant Blake Hogan responded: The issue that we will work on is that if it gets approved at the same time to your point, is working with landlord at that time because we are a corner of it and Del Monte is the complete other side and there are other tenants in there so if one side is being combined to the other that would be the goal. The reason that he cannot answer at this time what would that look like in terms of our side of the improvements vs the whole part of the del Monte side. We are a tenant of one section of Mortimer center the hope is that a year later we would have to work with the landlord and changing the parking as well as other things.

Commissioner Woodson: For the planning commission, the question would then become if the landlord has a tenant facility change and we have the new plan in place and approved for the redevelopment of the facility side. Who becomes responsible that is stays in conforming use, the tenant or the landlord? If catalyst is one of 5 tenants in the space but we have a new conforming use in the developmental plan, how do we enforce that?
51 Planning Commission Meeting
October 13, 2022 Page 9 of 11

CDD Persicone responded: Some of this will get hashed out with the downtown plan and how the language in the downtown plan is written. Needs to get the affordable housing overlay done through council first.

B. Open a Public Hearing, take public testimony, and consider adopting a Resolution of the Planning Commission approving SG 2022-05 for the installation of signs at the new Starbucks store located at 200 Reservation Road (APN: 032-181-019). This project is exempt from environmental review per article 19, Section 15311 of the CEQA Guidelines presented by Contract Planner Alec Barton
Open questions from the commission at 7:57pm - none
Applicant David Ford spoke; He is her on behalf of Superior Electrical Contracting which is the sign company. He agrees with all items in the staff report and the conditions of approval. No presentation as the drawings speak for themselves.

Doug Murphy with Starbuck spoke. Excited about the project. This is the last set of permits they will need to finish the project. It’s a good looking site with good signage.

Open public hearing a 7;59 and closed at 7:59pm
Questions from commissioners
Commissioner Woodson; Clarification that we are reusing the old sign. The main square will be translucent white with standard green Starbucks logo and a rectangle underneath that say drive through and that will be the same translucent with the green letters.

Applicant Doug Murphy responded Drive through letters are black and at night the lights will illuminate as white. So it will be reversed.

Commissioner Woodson; that is a lot of white. Usually the drive through sign is black with white letters. This is not consistent with signs in the rest of the country. From a consistency perspective, wonders why you decided to go with something that does not seem to be traditional across the rest of the country. Is frustrated that a developer that has deep enough pockets, when they started the construction of this, and in between transition period when the old burger closed and the day you started construction and there was significant pushback from the community that was posted online, you just allowed that entire facility to get run down and overgrown. It was suggested that you put up fencing but that request was ignored. Finally you put up fencing, but like every other contractor in our city who has put up fencing and some kind of screen around it to hide the construction, you have just allowed the entire thing to be seen. As you just stated, this is a key entry way to our city and you have allowed it for 4 months to sit and look the exact way it is and that is very distressing that you say one thing about it being the gateway to our city but then have treated that property and the city, in a terrible position for the last 4 months since you closed Burger King and started the construction.

Applicant murphy responded; Addressed the fencing first. We didn’t take possession of the site. There was a transfer not ownership but of possession of the site, not ownership. We did not have possession for 4 months. He was not aware that the city was concerned about 52 Planning Commission Meeting
October 13, 2022 Page 10 of 11

the well being of the site. Mayor Bruce Delgado reached out to Murphy in early august via email. Murphy responded that same day and they got their construction crew out there as soon as possible to put a fence up in about a week turn around. He apologized that they were not aware of the condition of the site. For some of the time is was Starbucks who was in charge and some of the time it was Burger King. The simply were not aware. Not sure if Bruce Delgado relayed some of the information to the planning department or not. He apologized and said they are happy to be where they are now. Its been a long process.

Commissioner Woodson spoke; the turn around was quick but there was no privacy screening put up. On the drive through sign, why is the coloring reversed from the traditional Starbucks sign,
Applicant murphy responded; design standards are constantly changing and sometimes we get it wrong. There isn’t a standard of dark or light. We just want to emphasize the signage so we draw customers and provide direction to them. The previous Burger King sign was predominantly white in the background. So the Starbucks sign is closer to that and more reflective of emphasizing the Starbucks brand rather than a national standard.

Vice Chair McCarthy; if this was a new site, a rounded style sign would have been used.

Why choose to retrofit the sign is it cheaper or is that sign what you really want? Applicant murphy responded: Does not have the background on why the sign was used.

His thoughts are that they kept the sign because it was already existing. If they were to remove it, he’s not sure if they would get another monument sign there. Signage reflects what the code of the city is. It depends on the square footage of the sign. Likely they kept the sign because they didn’t want to risk losing the sign.

Motion (Woodson/McCarthy) Motion to approve as written by the staff

The motion was then put to a vote.

Ayes (7):

Noes (0): None
Recuse (0); None
Absent (0):

Abstain (0): None
The motion passes with 7-0-0-0-0 vote

9. Action Items

10. Staff Updates

Vice Cha ir McCarthy attended the League o f California cities P lanning Department meeting. He hopes that one of the commissioners will start attending the meetings. ADU laws are going from 16 to 18ft.

A bill was passed for school district to develop underutilized land into teacher housing

Chair Amadeo- league of California Cities. Commissioners should attend.

53 Planning Commission Meeting
October 13, 2022 Page 11 of 11

CDD Persicone; October 27, 2022 meeting no planning commission meeting. Next meeting will be November 10, 2022. There is a Cal Am Meeting on October 27, 2022. One meeting in November and one in December. Maybe December 1st might work for the commissioners.

December 8, 2022 city attorney to give update to commission on new laws

Commissioner Hur; Cal am meeting will be on October 27th from 6-8pm at marina library

Commissioner Woodson; cancelling the October 27th so we can attend the Cal Am meeting and thank you for setting up the discussion for the developers and planners for cypress knolls.

Should have received an invite to talk to the APA members.

11. Correspondence

12. Adjournment
Meeting was adjourned at 8:17PM

54 2060 ROCKROSE COURT, GILROY, CA 95020
T 408.201.2752 [email protected] WWW.KEITHHIGGINSTE.COM Keith Higgins
Traffic Engineer
January 12, 2021
Trinh Retterer, Land Use Specialist
JRG Attorneys at Law
318 Cayuga Street
Salinas, CA 93901
Re: Pacific Roots Parking Demand Management Analysis - With Conversion of Restaurant to Retail, Marina CA
Dear Trinh,
As you requested, this letter is an update to the October 19, 2020 letter that summarized a parking demand/supply analysis for the proposed Pacific Roots Cannabis in Marina, California. The project will be located in an existing building at the northeast corner of the Del Monte Boulevard / Carmel Avenue intersection in a space that is currently occupied by a restaurant/night club. Other existing uses in the building include a restaurant, hair salon, florist, liquor store and other retail space. Five apartments are also located on the study property. A 24-room motel is located immediately to the north that is a part of the subject parcel under the same ownership as the retail building and apartments. Exhibit 1 shows the location of the project site. Exhibit 2 shows the current project site plan. The update involves the conversion of the 2,002 square-foot restaurant to a retail use in order to reduce the overall parking demand.

As a part of any Use Permit at the property, the City of Marina is requiring implementation of standard frontage improvements including curb, gutter, and sidewalk along the project frontages of both Carmel Avenue and Del Monte Boulevard. These improvements, incorporated into the total on-site parking supply discussed earlier, would result in the removal of existing on-street perpendicular parking spaces along both streets. The resulting project site plan with frontage improvements and elimination of existing perpendicular parking spaces is included as Exhibit 3.

This letter analyzes the adequacy of the parking supply and recommends methods to address it.

A. PROJECT COMPONENTS
The proposed project is a 1,977 square foot marijuana dispensary. The other existing uses in the project building are as follows:

1. Restaurant – 2,002 square feet

2. Salon – 1,020 square feet

3. Apartments – 5 units

4. Florist – 700 square feet

5. Retail – 360 square feet

6. Liquor Store – 2,770 square feet
In addition, a 24-room motel plus manager’s unit is located directly north of the project building. 55 Trinh Retterer
January 12, 2021

2 B. PROPOSED AND REQUIRED PARKING SUPPLY
A total of 19 perpendicular parking spaces are currently located within the project site along the project’s Del Monte Boulevard frontage. However, the parking aisle is located entirely with the public right of way. In order to comply with the City of Marina requirement to construct standard curb, gutter, and sidewalk along this frontage with on-site parking separated from the public street, these spaces will be eliminated. They will be replaced by 8 on-site parallel parking spaces, resulting in a loss of 11 parking spaces. The 8 on-site spaces along Del Monte Boulevard would be accessed via a new driveway on Carmel Avenue adjacent to the Del Monte Boulevard / Carmel Avenue intersection that connects to a new parking aisle parallel to Del Monte Boulevard that also connects to the existing motel parking driveway.

A total of 12 perpendicular spaces are also currently located partially within public right of way along Carmel Avenue adjacent to the project site. The City of Marina is requiring their conversion to 5 parallel spaces within the public right of wayas part of standard curb, gutter, and sidewalk improvements.

A total of 14 spaces are currently provided in the parking area east of the existing mixed-use building. They include 12 spaces in a parking lot and two spaces within a two-car garage underneath one of the apartments. They are accessed via an existing driveway on Carmel Avenue. These spaces would not be affected by the required frontage improvements.

The 38-space motel parking lot is a separate parking area accessed directly off Del Monte Boulevard. The City of Marina improvements would not affect the total number of spaces at the motel.

A total supply of 60 on-site spaces, which is a net reduction of 11 on-site parking spaces serving the project area, will result from the implementation of City-required frontage improvements as summarized in Table 1 below.

Location Existing After City-Required
Frontage Improvements
Net
Change

1. On-Site Supply
a. Along Del Monte 19 8 -11
b. East of Building 14 14 0

2. Motel Supply 38 38 0
On-Site Total 71 60 -11

3. On-Street (Carmel) - Not Included in
Project Parking Supply
12 5 -7
Total Available 83 65 -18
Table 1 – Project Parking Supply Summary

56 Trinh Retterer
January 12, 2021

3 C. GROSS PARKING REQUIREMENT
Exhibit 4 summarizes the gross required parking spaces per the City of Marina municipal code (Section

17.44). The estimated parking requirement for the most recent uses at the site would include a restaurant/night club in the proposed Pacific Roots spaces, which would require 20 spaces. The other site uses (i.e., other restaurant, retail, and apartments) would require an additional 43 spaces. The adjacent motel would require an additional 26 spaces. A gross total of 88 spaces are required for the project area with no credit for hourly variations in peak parking demand for the existing mix of uses in the project area.

A total of 7 spaces would be required for Pacific Roots, which is a reduction of 13 spaces from the 20 spaces required for the restaurant/night club. A gross total of 75 spaces would be required for the project area with the replacement of the restaurant/nightclub with the cannabis dispensary.

The building owner is proposing to restrict the remaining restaurant space, which is currently vacant, to retail use only. This would further reduce the parking requirement for that space from 20 spaces to 7 spaces. The gross parking requirement would have a corresponding reduction from 75 spaces to 62 spaces. Exhibit 4 indicates that the parking deficit would be reduced to 3 spaces. Assuming that the 5 parallel spaces that will be provided along Carmel Avenue are available, a surplus of 2 spaces would occur in gross parking supply in the immediate project vicinity.

Table 2 below summarizes the required number of spaces with the existing perpendicular parking along Del Monte Boulevard and current and recent uses at the project site, the deficit in on-street parking supply is 17 spaces. With the conversion of the restaurant/nightclub to Pacific Roots the deficit would be reduced to 4 spaces. The conversion of both restaurant spaces to retail would result in a gross surplus of 9 spaces.

Gross
Required
Spaces
With City Frontage
Improvements
Existing On-Site Parking
Supply
Provided
Spaces Surplus/Deficit
Provided
Spaces Surplus/Deficit Parking Supply Option
Project Site with Existing Night Club
On-Site Supply Including Motel 88 60 -28 71 -17
Project Site with Proposed Pacific Roots
On-Site Supply Including Motel 75 60 -15 71 -4
Project Site with Proposed Pacific Roots and Conversion of Restaurant to Retail On-Site Supply Including Motel 62 60 -2 71 9
Table 2 – Gross Pa
Notes:

1. Gross Required Spaces are the total number of parking spaces required per City of Marina parking standards as indicated on Exhibit 3.

2. "With City Frontage Improvements" refers to frontage improvements required by the City of Marina.

Table 2 – Gross Parking Adequacy Summary
57 Trinh Retterer
January 12, 2021

4 If the required City frontage improvements were implemented with the existing land uses a gross deficit of 28 spaces would be experienced. The conversion of the restaurant/nightclub to the proposed Pacific Roots cannabis dispensary would reduce the gross deficit to 15 spaces. Although this still would not provide adequate parking, the cannabis dispensary will result in lower parking demand that will better facilitate the City’s objective of incorporating standard street improvements along the project frontage. Finally, limiting the second restaurant space to retail only as described above would result in a deficit of 2 spaces. This would be a significant improvement in parking operations but would still represent a slight deficit based on gross parking requirements.

D. SHARED PARKING ANALYSIS
The gross parking requirement described in Section C does not account for varying peak parking demand by the complementary uses in the project area. For example, the peak parking demands for the motel and apartments occur at night when the retail and restaurant spaces are closed. Similarly, the peak retail and restaurant parking demands occur during the day when very few people are at home or in a motel room.

To better assess the potential peak parking demands of the project site, a shared parking analysis has been prepared for the project. A shared parking analysis assesses parking demand on a project site assuming that most or all parking spaces are shared by the various mixed uses throughout the day.

The shared parking analysis assumes that the maximum parking demand for each use corresponds with the current City of Marina municipal code. The hourly variations in parking occupancy for each use corresponds with the default hourly parking demand percentages quoted in Parking Generation, 5th Edition, Institute of Transportation Engineers, 2019.

Five of the six apartment spaces, including the two spaces in the garage, are assumed to be dedicated for apartment occupant use only. Thus, the share parking analysis assumes that these five apartment spaces are occupied throughout the day and not available for shared parking by the other site uses. The sixth space, as a visitor space, would be open for use by non-apartment users.

In addition, the 25 motel parking spaces required by the City of Marina Municipal Code are also assumed to be reserved in the 38-space motel parking lot. These are therefore designated as 100% occupied throughout the day and not available for shared use by on-site retail spaces including Pacific Roots. This is a worst-case assumption. The remaining 13 parking spaces will primarily be utilized as retail employee parking with incidental retail customer parking.

The motel operator may prefer to have the entire 38 spaces in the motel parking lot as a shared parking lot between motel guests and retail employees and occasional customers. If this is the case, there will be a greater number of surplus parking spaces because the motel will have little or no parking demand in the afternoon when there is peak retail demand.

Exhibit 5 contains the 24-hour parking demand by hour for each of the site uses. This is based on the percentage occupancies tabulated in Appendix A. The upper third shows the total parking demand for each hour of a typical day including the existing restaurant/night club. The middle third shows comparable 58 Trinh Retterer
January 12, 2021

5 data including the proposed project (dispensary). The lower third also shows comparable data, but with the existing restaurant space converted to general retail space.

With the existing restaurant/nightclub continuing to occupy the proposed Pacific Roots space and loss of on-street parking from the proposed frontage improvements along Carmel Avenue and Del Monte Boulevard there would be a deficit of about 27 spaces at 6pm, which is the time of peak parking demand.

As indicated by the spreadsheet in the middle third of Exhibit 5, the proposed cannabis dispensary would reduce on-site peak parking demand by 14 spaces (from 87 to 73). This would more than offset the net loss of 11 parking spaces resulting from the elimination of parking along the project area street frontages.

However, there would be a deficit of 13 on-site spaces at 6pm.

The conversion of the second restaurant to general retail space would further reduce on-site peak parking demand by 14 spaces (from 73 to 59). This would result in a peak parking surplus of 1 space. Peak on-site parking demand can be fully accommodated on the project site during all 24 hours of the day. No off-site or on-street parking would be required to fully accommodate the project parking demand. Again, this assumes that the motel has 25 reserved parking spaces. If the motel spaces can be shared with retail uses, the surplus would be much greater.

E. CONCLUSION
The proposed cannabis dispensary will nearly substantially mitigate the loss of parking serving the study project resulting from the loss of parking along the frontage that is being required by the City of Marina.

However, the parking supply would not be adequate even with the sharing of parking spaces between the cannabis dispensary, the other retail and residential uses, and the adjacent motel. However, if the second on-site restaurant space is restricted to general retail space, the entire on-site parking demand can be accommodated by the proposed on-site parking spaces with one surplus space. No additional parking supply would be required.

F. RECOMMENDATIONS
It is recommended that parking be designated as illustrated on Exhibit 6 as described below.

1. Parking Area A – East of Retail Building
The 14 spaces in Parking Area A (East of Retail Building) should include 5 parking spaces reserved for the existing apartments in the parking area east of the retail building. Two of these spaces are in the existing garage in the separate apartment building. Three spaces are recommended to be located adjacent to the retail building near the entrance to the stairs that provide access to the second-floor apartments. The remaining space along the east side of the retail building should be reserved for a retail employee where it is not readily apparent from Carmel Avenue and unlikely to be used by retail customers. The remaining 8 spaces should be shared between retail employees, customers, and apartment visitors.
59 Trinh Retterer
January 12, 2021

6 2. Parking Area B – On-Site Along Del Monte Boulevard All 8 spaces in Parking Area B, between the retail building and Del Monte Boulevard, should be reserved for retail customers.

3. Parking Area C - Motel Parking Lot
The Motel parking lot should include 25 spaces reserved for the motel, including one space for each of the 24 motel rooms plus one space for retail uses. Retail employees should be required to park in Parking Area C so that the parking spaces most convenient to the retail uses in Pakring Area B are available for retail customers. Some retail customers may also park in the motel parking lot.

G. SUMMARY
The project area would have ample parking with the existing parking configuration. However, the requirement by the City of Marina to implement standard frontage improvements along Del Monte Boulevard and Carmel Avenue will result in a parking shortfall in the project area. The proposed Pacific Roots cannabis dispensary will almost fully mitigate this parking impact. The project site can completely accommodate its parking demand if the remaining 2,002 square-foot restaurant space is limited to general retail. With this change, the parking supply will fully accommodate the parking demand for all uses at the project site. A parking plan indicating the recommended designated parking spaces for the apartments, retail uses, and motel is included as Exhibit 6.

If you have any questions regarding the contents of this letter or need additional information, please do not hesitate to contact me at your convenience. Thank you for the opportunity to assist you with this project.

Respectfully submitted,

Keith B. Higgins, PE, TE
enclosures
60 Basemap Source: Google Maps, 2020.

Project
Site
N
Keith Higgins
Traffic Engineer
Exhibit 1
Project Location Map
61 Source: Sean Freitas Architect, June 2020.

Keith Higgins
Traffic Engineer
Exhibit 2
Existing Project
Site Plan
62 Source: Monterey Bay Engineers, August 2020.

Keith Higgins
Traffic Engineer
Exhibit 3
Project Site Plan With
Frontage Improvements
63 Existing Uses:

Use
Current Use of Project Space:

Other Site Uses:

Restaurant 2,002 s.f. 1 per 60 s.f.
of dining area
20 Salon 1,020 s.f. 1 per 300 s.f. 3
Florist 700 s.f. 1 per 275 s.f. 3
Retail 360 s.f. 1 per 275 s.f. 1
Liquor Store 2,770 s.f. 1 per 275 s.f. 10
Motel 24 rooms 1 + 1 per room 25
Gross Total: 88
With Proposed Dispensary:

Use
Proposed Project:

Dispensary 1,977 s.f. 1 per 275 s.f. 7
Other Site Uses:

Use
Proposed Project:

Dispensary 1,977 s.f. 1 per 275 s.f. 7
Other Site Uses:

Retail rather than Restaurant 2,002 s.f. 1 per 275 s.f. 7 Salon 1,020 s.f. 1 per 300 s.f. 3
Florist 700 s.f. 1 per 275 s.f. 3
Retail 360 s.f. 1 per 275 s.f. 1
Liquor Store 2,770 s.f. 1 per 275 s.f. 10
Motel 24 rooms 1 + 1 per room 25
Gross Total (Study Project plus Other Site and Adjacent Uses): 62 Notes:

1. s.f. = square feet.

2. City of Marina parking standards per City Municipal Code Section 17.44.

Size
City Parking
Standard
Required
Spaces
Apartments 5 units 1 per unit +
1 per 5 units
6 20
Size
City Parking
Standard
Required
Spaces
Apartments 5 units 1 per unit +
1 per 5 units
6 Restaurant/Night Club 1,977 s.f. 1 per 60 s.f.
of dining area
City Parking
Standard
Required
SpacesSize
Apartments 5 units 1 per unit +
1 per 5 units
6 Keith Higgins
Traffic Engineer
Exhibit 4
City of Marina
Gross Parking Requirements
64 Land Use 12:00 AM 1:00 AM 2:00 AM 3:00 AM 4:00 AM 5:00 AM 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM 11:00 PM Existing Use
17 10 6 0 0 0 0 0 0 0 0 0 0 3 5 8 7 12 20 20 17 17 17 17 Other Site Uses:

Restaurant 0 0 0 0 0 0 0 0 0 0 3 5 19 19 10 8 7 12 20 20 17 10 6 0 Salon 0 0 0 0 0 0 0 0 0 1 2 2 2 2 2 2 2 3 3 1 0 0 0 0
Apartments 6 6 6 6 6 6 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 6 6 Florist 0 0 0 0 0 0 0 0 1 2 2 2 2 2 2 2 2 3 3 1 0 0 0 0 Retail 0 0 0 0 0 0 0 0 0 1 1 1 1 1 1 1 1 1 1 0 0 0 0 0
Liquor Store 1 1 0 0 0 1 3 3 3 3 6 8 5 5 8 9 8 9 10 7 7 6 2 1 Adjacent Uses:

Motel 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 Total Demand 49 42 37 31 31 32 33 33 34 37 44 48 59 62 58 60 57 70 87 79 71 63 56 49 Total Existing Supply 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 Deficit/Surplus 11 18 23 29 29 28 27 27 26 23 16 12 1 -2 2 0 3 -10 -27 -19 -11 -3 4 11 Land Use 12:00 AM 1:00 AM 2:00 AM 3:00 AM 4:00 AM 5:00 AM 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM 11:00 PM Proposed Project:

Dispensary 0 0 0 0 0 0 0 1 2 3 5 6 6 6 7 6 6 6 6 2 0 0 0 0 Other Site Uses:

Motel 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 Total Demand 32 32 31 31 31 32 33 34 36 40 49 54 65 65 60 58 56 64 73 61 54 46 39 32 Total Supply 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 Deficit/Surplus 28 28 29 29 29 28 27 26 24 20 11 6 -5 -5 0 2 4 -4 -13 -1 6 14 21 28 Land Use 12:00 AM 1:00 AM 2:00 AM 3:00 AM 4:00 AM 5:00 AM 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM 11:00 PM Proposed Project:

Dispensary 0 0 0 0 0 0 0 1 2 3 5 6 6 6 7 6 6 6 6 2 0 0 0 0 Other Site Uses:

Retail (1) 0 0 0 0 0 0 0 0 1 4 4 4 5 5 6 5 5 7 6 3 3 2 0 0 Salon 0 0 0 0 0 0 0 0 0 1 2 2 2 2 2 2 2 3 3 1 0 0 0 0
Apartments 6 6 6 6 6 6 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 5 6 6 Florist 0 0 0 0 0 0 0 0 1 2 2 2 2 2 2 2 2 3 3 1 0 0 0 0 Retail (2) 0 0 0 0 0 0 0 0 0 1 1 1 1 1 1 1 1 1 1 0 0 0 0 0 Liquor Store 1 1 0 0 0 1 3 3 3 3 6 8 5 5 8 9 8 9 10 7 7 6 2 1 Adjacent Uses:

Motel 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 25 Total Demand 32 32 31 31 31 32 33 34 37 44 50 53 51 51 56 55 54 59 59 44 40 38 33 32 Total Supply 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 60 Deficit/Surplus 28 28 29 29 29 28 27 26 23 16 10 7 9 9 4 5 6 1 1 16 20 22 27 28 Notes:

1. Parking demand based on City of Marina parking standards as the maximum demand.

2. Percentage of parking demand per hour for all uses cited from Parking Generation, 5th Edition, Institute of Transportation Engineers, 2019, included in Exhibit 7 unless otherwise noted. Adjustments to percentages made due to open hours of non-project businesses.

3. A total of 25 parking spaces will be reserved for the Motel. This is modeled as full occupancy for all 24 hours.

4. A total of 5 of the six required apartment spaces are assumed dedicated to the apartments and not eligible for sharing with other site uses. This is modeled as full occupancy of these 5 spaces for all 24 hours.

5. Peak parking demand under the proposed Project Site with Proposed Pacific Roots and Restaurant Convsersion to Retail will occur at 5 PM and 6 PM, as highlighted in boldface text.

6. Negative values under "Net Unoccupied" represent parking demand that exceeds parking supply.

Project Site with Proposed Pacific Roots and Restaurant Conversion to Retail Parking Demand (vehicles)
Project Site with City Frontage Improvements and Existing Night Club Restaurant/
Night Club
Parking Demand (vehicles)
Project Site with Proposed Pacific Roots
Parking Demand (vehicles)
Keith Higgins
Traffic Engineer
Exhibit 5
Hourly Project Area Parking Demand
65 Motel Manager
Shared Apartments
and Retail Customers
Apartments
Only
Shared Motel and Retail Employees
Retail
Customers
Only
Motel
Only
Retail
Customers
Only
Retail
Employees
Only
34 10
19 29
2 12
36 283233
15 212730
20 18
13 1 35
7 6
24 5
31 22
11 37
4 383
2526
17 16
14 23
9 2
8 1
ADA
1 4
3 8
4 3
8 7
5 5
7 6
6 2
ADA
14 12
13 11
9 10
LEGEND
Color No. of
Code Spaces Land Use
Parking Area A
5 Reserved Apartments
1 Shared Apartments and Retail Customers
4 Retail Employees
4 Retail Customers
14 Subtotal - Area A
Parking Area B
8 Retail Customers
Parking Area C
25 Motel - Option to Mark Reserved
1 Retail Customers
11 Shared Motel and Retail Employees
1 Motel Manager
38 Subtotal - Area C
60 Grand Total - Supply
59 Grand Total Peak Demand
1 Surplus
Exhibit 6
Recommended
Parking Plan
Keith Higgins
Traffic Engineer
66 APPENDIX A

SHARED PARKING RATIOS
Shared Parking Ratios - Weekday - Project + Rest->Retail Location Parking Demand (vehicles)
12:00 AM 1:00 AM 2:00 AM 3:00 AM 4:00 AM 5:00 AM 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM 11:00 PM Dispensary 0% 0% 0% 0% 0% 0% 2% 8% 35% 47% 67% 82% 88% 90% 100% 80% 88% 84% 86% 35% 4% 2% 0% 0% Retail (Var. Store) 0% 0% 0% 0% 0% 0% 0% 4% 20% 53% 55% 56% 67% 69% 80% 67% 68% 100% 87% 48% 37% 29% 0% 0% Salon (Var. Store) 0% 0% 0% 0% 0% 0% 0% 0% 4% 20% 55% 56% 67% 69% 80% 67% 68% 100% 87% 20% 0% 0% 0% 0% Apartment (Low) 100% 100% 100% 100% 100% 97% 90% 77% 56% 45% 40% 37% 36% 36% 37% 43% 45% 55% 66% 73% 77% 86% 92% 97% Florist 0% 0% 0% 0% 0% 0% 0% 4% 20% 53% 55% 56% 67% 69% 80% 67% 68% 100% 87% 48% 15% 0% 0% 0% Retail (Var. Store) 0% 0% 0% 0% 0% 0% 0% 4% 20% 53% 55% 56% 67% 69% 80% 67% 68% 100% 87% 48% 37% 29% 0% 0% Liquor Store 10% 5% 0% 0% 0% 5% 27% 27% 27% 27% 59% 80% 54% 46% 80% 85% 83% 90% 100% 66% 71% 56% 17% 10% Motel 100% 100% 100% 100% 100% 96% 89% 81% 72% 71% 48% 41% 29% 30% 25% 34% 43% 38% 40% 36% 56% 74% 85% 98% Shared Parking Ratios - Weekday - Project
Location Parking Demand (vehicles)
12:00 AM 1:00 AM 2:00 AM 3:00 AM 4:00 AM 5:00 AM 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM 11:00 PM Dispensary 0% 0% 0% 0% 0% 0% 2% 8% 35% 47% 67% 82% 88%
90% 100% 80% 88% 84% 86% 35% 4% 2% 0% 0%
Restaurant (Hi-Tu) 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 15% 25% 95% 95% 49% 39% 37% 62% 99% 100% 83% 51% 28% 0% Salon (Var. Store) 0% 0% 0% 0% 0% 0% 0% 0% 4% 20% 55% 56% 67% 69% 80% 67% 68% 100% 87% 20% 0% 0% 0% 0% Apartment (Low) 100% 100% 100% 100% 100% 97% 90% 77% 56% 45% 40% 37% 36% 36% 37% 43% 45% 55% 66% 73% 77% 86% 92% 97% Florist 0% 0% 0% 0% 0% 0% 0% 4% 20% 53% 55% 56% 67% 69% 80% 67% 68% 100% 87% 48% 15% 0% 0% 0% Retail (Var. Store) 0% 0% 0% 0% 0% 0% 0% 4% 20% 53% 55% 56% 67% 69% 80% 67% 68% 100% 87% 48% 37% 29% 0% 0% Liquor Store 10% 5% 0% 0% 0% 5% 27% 27% 27% 27% 59% 80% 54% 46% 80% 85% 83% 90% 100% 66% 71% 56% 17% 10% Motel 100% 100% 100% 100% 100% 96% 89% 81% 72% 71% 48% 41% 29% 30% 25% 34% 43% 38% 40% 36% 56% 74% 85% 98% Existing:

Location Parking Demand (vehicles)
12:00 AM 1:00 AM 2:00 AM 3:00 AM 4:00 AM 5:00 AM 6:00 AM 7:00 AM 8:00 AM 9:00 AM 10:00 AM 11:00 AM 12:00 PM 1:00 PM 2:00 PM 3:00 PM 4:00 PM 5:00 PM 6:00 PM 7:00 PM 8:00 PM 9:00 PM 10:00 PM 11:00 PM Rest/Nightclub 83% 51% 28% 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 15% 25% 39% 37% 62% 99% 100% 83% 83% 83% 83% Restaurant (Hi-Tu) 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% 15% 25% 95% 95% 49% 39% 37% 62% 99% 100% 83% 51% 28% 0% Salon (Var. Store) 0% 0% 0% 0%
0% 0% 0% 0% 4% 20% 55% 56% 67% 69% 80% 67% 68% 100% 87% 20% 0% 0% 0% 0% Apartment (Low) 100% 100% 100% 100% 100% 97% 90% 77% 56% 45% 40% 37% 36% 36% 37% 43% 45% 55% 66% 73% 77% 86% 92% 97% Florist 0% 0% 0% 0% 0% 0% 0% 4% 20% 53% 55% 56% 67% 69% 80% 67% 68% 100% 87% 48% 15% 0% 0% 0% Retail (Var. Store) 0% 0% 0% 0% 0% 0% 0% 4% 20% 53% 55% 56% 67% 69% 80% 67% 68% 100% 87% 48% 37% 29% 0% 0% Liquor Store 10% 5% 0% 0% 0% 5% 27% 27% 27% 27% 59% 80% 54% 46% 80% 85% 83% 90% 100% 66% 71% 56% 17% 10% Motel 100% 100% 100% 100% 100% 96% 89% 81% 72% 71% 48% 41% 29% 30% 25% 34% 43% 38% 40% 36% 56% 74% 85% 98% 67 68

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October 6, 2022

City of Marina

RE: Exterior Improvements for 3100 Del Monte Blvd and modi fication of CUP

Dear City of Marina,

If these remediations to the CUP approval for Pacific Roots Marina, LLC are ok with the planning department then I am in support of it. I am in agreement that the previous exterior improvements from the original application will not be consistent with the rest of the building and are unnecessary. I approve the fixes of the exterior of the whole building, which includes replacing wood boards, wood shingles, painting area where the paint is chipped, and a fresh coat of trim paint for the Mortimers Center.

Sincerely,

Jameis Kim
Property Owner
Mortimer’s Center

DocuSign Envelope ID: 9A2D0DEB-2B60-4632-AF7D-5097E92A44C9 69

Page 1 of 1 ends

PACIFIC ROOTS M ARINA, LLC
ATTN: BRANDON GESICKI, COMMUNITY LIASON
965 Briar Cliff Dr. Santa Maria, CA 93455
Phone:
(831) 206-6460 I Email: [email protected] November 11, 2022
Dear Planning Services:

We are asking staff to update our request to note that we have been actively working with the City Building and Planning Department to get the public works plans approved, but we still need a 90 day extension from January 3rd, 2023 in order to complete the work.

We are happy to still do the minor exterior improvements of the entire center that were noted in the planning meeting, but we're still asking to remove the facade improvements requirement as originally requested. While we complete the public works improvements we will be adding in additional planters to the side of the building as originally planned.

Thank you for your continued effort in working with us on this project.

Res
pectfully Submitted,
Brandon Gesicki
Pacific Roots Marina, LLC
DocuSign Envelope ID: 0E891687-3DA9-4929-9A3D-02CEE53FC107 70 November 8, 2022 Item No. 11a
Honorable Mayor and Members City Council Meeting
of the Marina City Council of November 15, 2022
CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2022 -,
AUTHORIZING THE SIGNING OF A PURCHASE ORDER FOR $1,908,443.04 TO

PURCHASE A ROSENBAUER QUINT FIRE TRUCK AND DIRECT STAFF TO PAY $4 64,689 FOR THE CHASSIS UPON ARRIVAL AT THE MINNESOTA PLANT FOR A $1 8,555 DISCOUNT ON OR ABOUT MARCH OF 2024 WHICH WILL REDUCE THE TOTAL PURCHASE PRICE TO $1,889,888 AND PAY THE BALANCE OF THE $1, 425,199 WHEN THE TRUCK IS DELIVERED AND

ACCEPTED BY THE MARINA FIRE DEPARTMENT ON OR ABOUT
SEPTEMBER OF 2024, AND AUTHORIZING THE FINANCE DIRECTOR TO

MAKE NECESSARY ACCOUNTING AND BUDGETARY ENTRIES
REQUEST:

It is requested that the City Council consider:

1. Adopting Resolution No. 202 2-, authorizing the signing of a purchase order for $1,908,443.04 to purchase a Rosenbauer Quint Fire Truck; and

2. Direct staff to pay $442,329 plus sales tax for the chassis upon arrival at the Minnesota plant for a $16,984 discount on or about March of 2024 which will reduce the total purchase price to $1,879,595; and

3. Pay the balance of the $1,425,199 when the Truck is delivered and accepted by the Marina Fire Department on or about the fourth quarter of 2024; and

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

BACKGROUND:

This item is being brought to council because of a significant financial savings opportunity. The Marina Fire Department has been notified of a scheduled 15% increase for fire trucks on December 1, 2022. This increase will increase the price of a Fire Truck by $288,000 dollars and will be the third increase this year. Last year there were 4 increases. The City can realize significant savings by locking in the price by December 1, 2022.

A Fire Truck is an essential piece of equipment necessary to provide Fire Protection serv ices.

Currently the Marina Fire Department relies on neighboring agencies to provide these critical services as we do not have a Fire Truck. The Presidio of Monterey (POM) Fire Department is the primary resource due to their proximity. In August of 2023, POM is scheduled to relocate further away towards Seaside. With the move, we will no longer have a Fire Truck that is available to respond into the City for first due operations. The POM fire truck will now have a longer response time.

A fire truck is different from a fire engine in that a fire engine has a pump with ground ladders that allows us to carry out fire operations up to two stories in height. A fire truck carries a complement of ground ladders plus a fixed ladder allowing firefighters to carry out fire operations on buildings ranging from a single story up to approximately eight stories depending on the length of the ladder mounted on the truck. These fixed ladders typically range in length from 75’ to 115’.

We train to raise our ground ladders with 2 personnel. If at any given time we do not have the personnel to achieve this task safely and/or without exposure to injury while carrying out an attack and laying out hose lines, then an aerial device is needed. If the terrain and topography makes using ground ladders unsafe, an aerial device is needed. Terrain and landscape oddities may make it impossible for firefighters to gain access to multi story structures. Under these conditions, an 1 aerial device is needed to perform necessary rescue or ventilating operations for single- or two- story buildings. Trucks are also critical to fire operations at commercial buildings, large area buildings along with multi story buildings.

There are two basic types of Fire Trucks, those with fire pumps and those without fire pumps. The Fire Trucks without a fire pump is a straight Trucks. A Fire Truck with a fire pump is called a Quint Truck. Each fire department decides the type of apparatus needed to meet the needs of their jurisdiction. For example, Monterey and Salinas run s a straight Truck while POM runs a Quint Truck. For the City of Marina, we have determined that a Quint Truck is needed. A Quint Truck has the aerial resources along with the fire pump needed to meet the needs of the Marina Fire Department. See EXHIBIT A.

ANALYSIS:

A fire truck is a critical apparatus needed to provide necessary fire protection services for the residents and visitors to the City. A fire truck takes approximately 2 years to design, build and for us to take delivery. After delivery, there is additional training along with outfitting which will take approximately 6 months. If council approves this request tonight, the Truck can be expected to be in service the first quarter of 2025.

The Fire Department apparatus specification committee has been working for the last year to develop specifications for a Truck that will meet the needs of the City. The committee has traveled to trade shows, talked with different vendors, and have met and conferred with other departments, examined their Trucks, gone over their specifications and actually fly (operate) their trucks to see how they work and feel. As a result of the hard work that has done to this point, we are ready to move onto the next step which is to obtain authorization from Council for purchase . The Fire Truck being recommended is a Quint Platform with a 104’ ladder, see EXHIBIT A. If Council authorizes the purchase, the Specification committee will go back to the factory in January to work with the engineers to work out the final specifications.

A Fire Truck will improve our ISO rating which lowers our community’s property insurance premiums and reduces our community risk. ·A Fire Truck also provides a tool that will help with those within our community that are aging, and our disabled population which make it impractical to rescue from even a second story window without a platform apparatus. Our City also has many large square footage buildings, such as warehouses, large department stores, etc. along with industrial facilities that requires a safe means of fire suppression delivery from an elevated position and high water flows. The Truck will also increase firefighter safety by minimizing the need for dangerous interior attacks.

A fire truck with a platform can transport passengers up and down as needed. Platform fire trucks are praised for their ability to function as an additional point of fire suppression in the air and can be elevated for long periods . Other advantages of a platform include a higher working payload capacity at the tip allowing more firefighters and tools. Platforms are also safer and more comfortable for firefighting operations including rescue, ventilation, exterior overhaul, and aerial stream application. Platforms have an impressive flow rate offering aerial firefighting capabilities including both water and foam along with the option to have dual monitors where one monitor can be used for exposure protection and the other monitor for fire suppression. Safer evacuations, one of the key benefits of an aerial platform is the safe extraction and evacuation of fire victims , both civilian and fire fighters. Platforms have a greater in the air maneuverability. An aerial basket is designed with the ability to move from window to window accumulating victims, then lowering them to the ground like an elevator. An aerial platform also offers tool transport and storage options at the tip, which means firefighters have quick access to firefighting aids, like stokes, rappelling arms, winches, ventilation tools and roof ladders. 2 The projected timeline to build a Fire Truck ordered in November is:

Order Date: November 2022
Pre-Construction: January 2023
Production Files: April 2023
Chassis & Aerial Start Date: November 2023
Chassis & Aerial Completed: March2024
Body Start Date: April 2024
Mid-Point Inspection: June 2024
Final inspection: July 2024
Arrive in California: August 2024
Deliver to Department: September 2024
Inservice date: First Quarter of 2025

Provided that the Truck is delivered in September of 2024, the outfitting and training will take approximately 6 months which would allow us to have the truck in service the first quarter of 2025.

Currently the Marina Fire Department does not have a fire station that will house the Fire Truck.

The Truck will fit in the City building on 8th street, (referred to as fire station 3). When the new fire station is designed and built, the station will be designed to house a Fire Truck. The request today does not include equipment. The Truck will come with all the ladders, but other items such as hose, extrication equipment will need to be purchased. The equipment has typically cost around $150 thousand dollars.

FISCAL IMPACT:

Recently, all manufactures have undergone sizable cost increases every quarter. This item has been brought to Council tonight because of a 15% increase that takes effect December 1, 2022.

To lock in the price presented tonight, the signed purchase order needs to be authorized by council and signed before December 1, 2022. See EXHIBIT B

The current price of the Fire Truck is $1,904,443 and will increase to $2,196,595, a $288,152 or 15% increase, on December 1, 2022. The $1.9 million price does not include equipment.

There are multiple discounts available , should the Council choose to make earlier periodic payments towards the price of the truck:
- If paid in full when we place order for the truck, we would receive a $85,063 discount. - If we make a $464,689.41 payment towards the truck chassis when we sign the work order we would receive a $26,181 discount
- If we pay for the chassis when it is completed (estimated March of 2024) we get a $18,555 discount.

Additionally, the City is receiving a $20,000 dollar loyalty discount because of prior purchases.

3 Below are the payment options and total purchase prices of the above options.

Staff is recommending paying for the chassis when it is completed , around March 2024, to take advantage of the $1 8,555 discount and provide Council more flexibility within the budget. The payment for the chassis with sales tax would be $464,689.41. A balance of $1,425,198.61 would be due when the Truck is delivered, which is expected to be in September of 2024. If we do not pay for the chassis when it is delivered to the Minnesota plant, then we would pay the full amount when the Truck is delivered, without the discount.

Funding for the truck would come from unassigned fund balance, which is estimated to be $9.5 million as of June 30, 2022. Upon approval, Funds would be transferred from the General Fund to a separate project within the Capital Improvement Program Fund and utilized as payments for the fire truck come due.

The City of Marina is a member of Sourcewell, member number 27263. Sourcewell is a national municipal cooperative purchasing agency. The Rosenbauer Fire Truck has been competitively bid through Sourcewell which ensures that the City is receiving competitive pricing in accordance with the requirements of California law and City policies.

With the purchase of the truck, the replacement cost will be amortized over the expected life of the truck and funds will be set aside into the vehicle replacement fund accordingly.

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

Respectfully submitted,

__________________________
Doug McCoun
Fire Chief
City of Marina

REVIEWED/CONCUR:

________________________
Brian McMinn
Public Works Director
City of Marina

Scenarios December 2022 March 2024 September 2024 Total Purchase Price Savings Paid Upon Acceptance $0 $0 1,908,443.04$ 1,908,443.04$ $0 Aerial Pmt Completion $0 471,415.94 $ 1,427,658.91$ 1,899,074.85$ 9,368 $ Chassis Pmt Completion $0 464,689.41 $ 1,425,198.61$ 1,889,888.02$ 18,555 $ Chassis Pmt Upon Order 457,063.76$ $0 1,425,198.61$ 1,882,262.37$ 26,181 $ Chassis & Aerial Pmt Cmp $0 928,479.70 $ 944,414.49$ 1,872,894.18$ 35,549 $ Paid in Full upon order 1,823,379.90$ $0 $0 1,823,379.90$ 85,063 $ Payment Dates
4 __________________________
Juan Lopez
Finance Director
City of Marina

______________________
Layne Long
City Manager
City of Marina

5 RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA AUTHORIZING THE SIGNING OF A PURCHASE ORDER FOR $1,908,443.04 TO PURCHASE A ROSENBAUER QUINT FIRE TRUCK AND DIRECT STAFF TO PAY $464,689 FOR THE CHASSIS UPON ITS ARRIVAL AT THE MINNESOTA PLANT FOR A $1 8,555 DISCOUNT ON OR ABOUT MARCH OF 2024 WHICH W ILL REDUCE THE TOTAL PURCHASE PRICE TO $1,8 89,888 AND PAY THE BALANCE DUE OF $1, 425,199

WHEN THE TRUCK IS DELIVERED AND ACCEPTED BY THE MARINA FIRE DEPARTMENT ON OR ABOUT SEPTEMBER OF 2024 AND AUTHORIZ E THE

FINANCE DIRECTOR TO MAKE NECESSARY ACCOUNTING AND BUDGETARY

ENTRIES

WHEREAS, The Marina Fire Department does not have a Fire Truck and has a critical need for a Fire Truck; and

WHEREAS, a “Fire Truck” is designed and typically used by fire departments to provide Fire Protection Services for Rescue and Fire F ighting Operations for Multi Story Buildings, Large buildings and Residential buildings; and

WHEREAS, after evaluating all available data, the Apparatus Specification Committee recommends the purchase of a Quint Fire Truck manufactured by the Rosenbauer America (“Rosenbauer”) firm as the Rosenbauer Truck meets or exceeds all the specification requirements of the Marina Fire Department; and

WHEREAS, by signing the purchase order before December 1, 2022, the City will lock in the price saving a minimum of $288 thousand dollars or the 15% increase that will take effect on December 1; and

WHEREAS, the City of Marina is a member of Sourcewell, formerly the National Joint-Powers Agency (NJPA), a cooperative purchasing program to assist local government in reducing costs through a nationwide government- to-government procurement service; and

WHEREAS, staff has verified that the proposed agreement with Rosenbauer has properly utilized the Sourcewell bidding process which conforms to California law and City purchasing policies; and

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

1. Adopt Resolution No. 2022-, authorizing the signing of a purchase order for $1,908,443.04 to purchase a Rosenbauer Quint Fire Truck; and

2. Direct staff to pay $464,689 for the chassis upon arrival at the Minnesota plant for a $18,555 discount on or about March of 2024 which will reduce the total purchase price to $1,889,888; and

3. Pay the balance of the $1,425,199 when the Truck is delivered and accepted by the Marina Fire Department on or about the fourth quarter of 2024; and

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

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on 15th day of November 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 B

8 November 9, 2022 Item No. 11b
Honorable Mayor and Members City Council Meeting
of the Marina City Council of November 15, 2022
CITY COUNCIL CONSIDER ADOPTING RESOLUTION 2022-, WHICH
REPEALS AND REPLACES RESOLUTION NO. 80-71, AS AMENDED,

REGARDING BEST PRACTICES FOR PUBLIC ENGAGEMENT AND

MEETING EFFICIENCY
REQUEST:

It is requested the City Council consider:

1. Adopting Resolution No. 2022-, which appeals and replaces Resolution No. 80-71, as amended, Establishing the Rules and Procedures for the Conduct of Meetings (Exhibit 1); and

2. Approving an Agenda format in substantially the same form as Exhibit 2.

BACKGROUND:

On December 12, 1980, the City Council adopted Resolution No. 80-71, “Establishing the Rules and Procedures for the Conduct of Meetings of the City Council” (“Rules and Procedures”). The Rules and Procedures have been amended over the years,1 and govern Council conduct, and include provisions for setting meetings, order of the agendas, Council debate, and conflicts of interest. Council recently directed staff to bring forward proposals regarding the Rules and Procedures to increase public engagement and improve meeting efficiency.

At its meeting on November 1, 2022, Council approved revisions to the Rules and Procedures and the meeting agenda template, as detailed below, and directed staff to prepare an integrated resolution and agenda template. A link to the November 1, 2022 staff report can be found at:
https://www.cityofmarina.org/AgendaCenter/ViewFile/Agenda/_11012022-374.

DISCUSSION:

Changes to the Rules and Procedures
A. Paragraph 8 - Order of Business and Consideration and Sequence of Agenda Items Council approved changes to the Rules and Procedures, Paragraph 8 a) pertaining to the order of business. “Council and Staff Announcements” have been separated from “Public Comment.” Changes were also made to adjust the numbering, and update the provisions with gender-neutral language (8 b)).

Council also approved changes to 8 c) regarding the sequence of an agenda item. Once the agenda item is presented by staff and the applicant/proponent, if any, the matter should be referred to the public for comment. The only questions posed by Council at this time should be “technical questions” that are imperative to understanding of the presentation and matter before Council, e.g., “Is the contract for two or three years?” or “Is the not-to-exceed amount of $50,000 correct?” All other questions (and discussion) by Council should be deferred until after the public has had the opportunity to provide input.
1 See Resolutions 85-1, 90-09, 91-17, 92-30, 94-15, 98-03, 99-01, 2001-106, 2009-41, 2011-32, 2011-33, 2011-65, and 2019-107 (collectively, “Amendments”).
1 Once public comment is closed, Council will have “2 bites of the apple” during the “Council Discussion” and “Council Motion and Brief Comment” periods. Council approved a five-minute limitation during the initial round of discussion, which is addressed in Rule 13g). Council also approved a one-minute limitation on a Councilmember’s comment after a motion is made, which is addressed in the Agenda. Modifications are set forth in italicized font; deletions are noted in strikeout font:

8. Order of Business and Consideration and Sequence of Agenda Items.

a) The business of the City Council shall be taken up for consideration and disposition in the following order:

1. Call to Order 5:00p.m. (if there is to be a Closed Session)

2. Roll Call and Establishment of Quorum

3. Closed Session (if any)

4. Open Regular Session (6:30 p.m.) - Report Any Action taken in Closed Session

5. Moment of Silence & Pledge of Allegiance

6. Special Presentations - no action; no public comment

7. Special Council and Staff Announcements and Communications from the Floor

8. Public Comment – Up to a maximum of three (3) minutes per person

9. Consent Agenda

10. Public Hearings

11. Other Council Action Items

12. Council & Staff Informational Reports – no action taken, no public comment

13. Adjournment

b) The Mayor, at their his/her discretion and subject to majority vote overruling them him/her, may re-arrange agenda items, provided that any items ‘pulled’ from Item 98, ‘Consent Agenda’ shall be considered following the last item of ltem 1110, “Other Council Action Items.”

c) The following shall be the procedure for consideration and sequence of each Agenda Item, including Public Hearings:

1. Mayor Introduces the Agenda Item

2. City Manager/Executive Director (or designee/Council Member) Presents Staff Report

3. Applicant/proponent, when appropriate, up to ten (10) minutes (at Presiding Officer’s discretion)

4. City Council Clarifying Technical Questions of Staff and Applicant/Proponent

5. Brief Council Comments and Motion Public Comments – up to a maximum of four three (43) minutes per person

6. Mayor Closes Public Hearing/Public Comments

7. Council Discussion

8. Council Motion and Brief Comment (1 minute each)

9. Council Vote

2 B. Paragraph 9 - Preparation of the Minutes:

Council approved “action” minutes, which is the guideline of Robert’s Rules of Order.

This will reduce staff time and effort required to prepare detailed minutes, which are no longer needed given current Council meetings are recorded and available through AMP and YouTube.

The proposed modification to the Rules is set forth below (additions shown in italicized font; deletions in strikeout font):

9. Preparation of Minutes. The City Clerk shall have exclusive responsibility for preparation of the action minutes, and any directions for changes in the minutes shall be made only by majority action of the City Council.

Council directed staff to come back with guidelines and samples for action minutes.

C. Paragraphs 13 and 15 - Debate:

To enhance equitable debate, and manage time more efficiently, Council approved a modification to limit the initial comment period by Councilmembers to five (5) minutes. Additions are shown in italicized font:

13. Rules of Debate.

g) Limitation of Debate. No Council Member shall be allowed to speak more than once upon any particular subject until every other Council Member desiring to do so shall have spoken. During the initial round of discussion, each Council Member shall be allowed to speak for up to five (5) minutes.

Council also recommended that after a vote and majority approval on an agenda item, there shall not be continued comment or debate by Council.

15. Voting. Three affirmative votes are required to enact an ordinance or to adopt a resolution or motion granting a franchise or authorizing the payment or expenditure of money or incurring of a debt. The majority of a quorum is required to adopt other resolutions or motions. A “majority” refers to a majority of the quorum present.

Every ordinance shall be adopted by a roll call vote. All other matters may be referred to a vote unless a roll call is requested by any Council Member. On all matters for which a voice vote is authorized, the Presiding Officer may ask for, “objections to the question?” If no objection is expressed, the Presiding Officer shall, “so order,” and the minutes shall record a unanimous vote in favor. If any Council Member objects to the procedure, a roll call vote shall be call in the normal manner.

After a vote has been announced, and except for comments pursuant to Rule 22, no Council member shall comment or continue to debate the vote.

D. Paragraph 27 - Manner of Addressing Council

Paragraph 27 sets forth the allotted time for public comments. Council approved modifications to eliminate the requirement that members of the public provide their names as prerequisite to speaking, and limit public comment to up to three (3) minutes, at the discretion of the Mayor.

Proposed additions are shown in italicized font; deletions are in strikeout font:
3 27. Addressing the Council

a) Manner of Addressing Council. Each person desiring to address the Council shall step up to the speaker’s rostrum, state his name and address for the record, state the subject he wishes to discuss, state whom he is representing if he represents an organization or other persons, and, unless further time is otherwise specifically provided for in these rules or is granted by majority vote of the Council, shall limit his remarks may comment for up to four three (43) minutes, which may be limited at the discretion of the Mayor depending on time available and the number of speakers. All remarks shall be addressed to the Council as a whole and not to any member thereof. No question shall be asked a Council Member or a member of the City staff without the permission of the Presiding Officer.

Further, as Council re-ordered consideration of agenda items to entertain public comment prior to Council discussion and a motion, the following subsection has also been modified (additions shown in italicized text):

c) After Motion or Close of Public Hearing. After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing permission to do so by the City Council.

The Rules and Procedures contain additional non-substantive revisions regarding incorporation of gender neutral language and correction of typographical errors.

Changes to the Agenda

A. Public Comment

Council approved proposed amendments to the current Agenda template in terms of public comments. While public comment is an essential part of local government meetings, the purpose of public comment is to inform the Council of the public’s views, and not to enter into debate or dialogue with Council, or to have general public comment take precedence over items scheduled for action on the agenda. Council approved the following modifications to the Agenda template as shown in Exhibit 2:

▪ Language added to encourage written communications from the public.

▪ Limitation of general public comment at the meeting’s outset to thirty (30) minutes. The Mayor can assess the number of speakers and may continue additional public comment to the end of the meeting.

▪ Limitation of public comment to up to three (3) minutes, at the Mayor’s discretion.

▪ Public comment on the Consent Agenda will be heard under general public comment. In this way, the Consent Agenda may be called, and if no items are pulled by Council, adopted in one motion without additional public comment. Because of the 30-minute limitation, however, members of the public wishing to comment on the Consent Agenda must be given priority during general public comment as their input must be heard prior to Council action on the Consent Agenda items.
▪ The Agenda has been clarified to specify that only Council has discretion to pull a Consent agenda item for discussion.
4 B. Other Changes

▪ Added Land Acknowledgement (from Proclamation).

▪ Added notation that Council Member comments after a motion shall be limited to one (1) minute.

▪ Public hearing section clarified to specify a ten (10) minute speaking period for applicants/proponents, if any, and a three (3) minute public comment period.

▪ Clarification of Council Informational Reports to specify reports of attendance at meetings and conferences at City expense, as required by the Brown Act.

FUTURE ITEMS:

Council directed staff to return with a policy for agenda-setting, guidance and samples for Action Minutes, and additional efficiencies for utilization of the Consent Agenda.

CEQA:

Adoption of Resolution 2022- , which repeals and replaces Resolution 80-71 and its Amendments, is not subject to California Environmental Quality Act (CEQA) as it is not a “project” pursuant to Section 15378 of the CEQA Guidelines.

FISCAL IMPACT:

None identified.

CONCLUSION:

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

Respectfully submitted,

Heidi A. Quinn
___________________________
Heidi Quinn
Interim City Attorney
City of Marina

5 RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA REPEALING AND REPLACING RESOLUTION 80-71, AS AMENDED, REGARDING BEST PRACTICES FOR PUBLIC ENGAGEMENT AND MEETING EFFICIENCY.

WHEREAS, at the regular meeting of December 12, 1980, the City Council adopted Resolution No. 80-71 Establishing the Rules and Procedures for the Conduct of Meetings of the City Council (“Rules and Procedures”); and

WHEREAS, the City Council previously amended the Rules and Procedures by adopting Resolution Nos. 85-1, 90- 09, 91-17, 92-30, 94-15, 98-03, 99-01, 2001-106, 2009-41, 2011-32, 2011-33, 2011-65, and 2019-107 (collectively, “Amendments”); and

WHEREAS, after discussion, the City Council directed staff to place on a future agenda a resolution to make proposed changes to the Rules and Procedures regarding public engagement and meeting efficiency; and

WHEREAS, staff proposes modifications to Rules and Procedures Paragraph 8 regarding Order of Business and Consideration and Sequence of Agenda Items, Paragraph 9 regarding Preparation of Minutes, Paragraph 13 and 15 regarding Debate, and Paragraph 27 regarding Manner of Addressing Council; and amendment of the Agenda format; and

WHEREAS, the prior resolution of this Council relating to Council meeting procedures, being Resolution No. 80-71, and its Amendments, are hereby repealed and replaced; and

WHEREAS, amendment of Resolution 80-71 and its Amendments, are not subject to California Environmental Quality Act (CEQA) as it is not a “project” pursuant to Section 15378 of the CEQA Guidelines.

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

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

Section 2. Rules and Procedures. The Rules and Procedures shall be modified as set forth in Exhibit 1, RULES

AND PROCEDURES FOR THE CONDUCT OF THE MEETINGS OF THE MARINA CITY COUNCIL AND AMENDMENTS, attached hereto and incorporated by reference.

Section 3. Agenda Template. The Agenda format shall be in substantially the same form as Exhibit 2 attached hereto and incorporated by reference.

Section 4. Effective Date of Resolution. This Resolution shall take effect on immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting held this 15th day of November 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 1 to Resolution 2022-
30919\001\1677134.1:11922 ~ 1 ~

RULES AND PROCEDURES FOR

THE CONDUCT OF THE MEETINGS OF THE MARINA CITY COUNCIL

AND AMENDMENTS

1. Purpose. The purpose of this resolutionthese Rules is to establish the procedure for the presentation and determination of matters coming before the Marina City Council, to provide for the fair and efficient consideration of said matters, and to insure that the public is fully informed of the matters coming before the City Council and has an opportunity to witness the deliberations of the members thereof in the conduct of public business, and that proper public involvement in the deliberations of the council be encouraged.

2. Regular Meetings. The City Council shall hold regular meetings on the first and third Tuesday of each month convening at the hour of 5:00 p.m. if there is to be a closed session and convening in open session at the hour of 6:30 p.m. in the Council Chambers of City Hall, 211 Hillcrest Avenue in the City, or such other place within the City limits to which said meeting may be adjourned. If by reason of fire, flood or other emergency it shall be unsafe to meet in City Hall, the meetings may be held for the duration of the emergency at such other place and at such hour as is designated by the Mayor or, if he should fail to act, by three members of the City Council. When the day for any regular meeting falls on a legal holiday, no meeting shall be held on such holiday, but a regular meeting shall be held at the same hour on the following business day.

3. Study Sessions. The City Council shall meet in a study session on the first and third Tuesdays of each month at the hour of 7:00 o’clock p.m. in the Council Chamber of the City Hall, or at such other place as may be determined by the Council, for the purpose of hearing reports from the staff and reviewing, discussing and debating matters of interest to the City. Such sessions shall be open to the public and press. No official action shall be taken at a study session; provided, however, that nothing herein shall be deemed to prevent the taking of an informal vote on any matter under discussion. The participation of the public in such sessions shall be subject to the discretion of the presiding officer.

4. Special Meetings. Special meetings may be called at any time by the mayor, or by three members of the City Council, by delivering personally or by mail written notice to each Council Member and to each local newspaper of general circulation, radio or television station requesting notice in writing. Such notice must be delivered personally or by mail at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meetings. Such written notice may be dispensed with as to any Council Member who at or prior to the time the meeting convenes files with the City Clerk a written waiver of notice. Such waiver may be given by telegram. Such written notice may also be dispensed with as to any Council Member who is actually present at the meeting at the time it convenes.

5. Meetings to be Public - Exception for Executive Sessions. All regular and special meetings of the City Council shall be public; provided, however, the City Council may hold executive sessions during a regular or special meeting, from which the public may be excluded, 7 Exhibit 1 to Resolution 2022-
30919\001\1677134.1:11922 ~ 2 ~

for the purpose of considering the matters referred to in §§54957-54957.6 of the Government Code of the State of California, as may be amended.

No member of the City Council, employee of the City, or any other person present during an executive session of the Council shall disclose to any person the content or substance of any discussion which took place during said executive session unless the City Council shall authorize the disclosure of such information by majority vote.

6. Agenda. All reports, communications, ordinances, resolutions, contract documents or other matters to be submitted to the Council at a regular meeting shall be delivered to the City Clerk not later than 12:00 o’clock noon on the Wednesday preceding the meeting. The City Clerk shall prepare an agenda of all such matters according to the order of business (paragraph 8 hereinbelowherein below). The agenda shall be delivered or otherwise made available to the Council Members on the Friday preceding the Tuesday Council meeting to which it pertains, and shall be made available to the public no later than 10:00 o’clock a.m. on the Monday preceding the meeting. All matters shall be considered by the Council in the order listed on the agenda, to the extent of time available; provided, however, that the order of the agenda may be changed at any time by the unanimous consent of all Council Members then present at a meeting. Agenda items not considered or completed for lack of time shall become agenda items at the following meeting in accordance with the foregoing policies. No matters other than those on the agenda shall be finally acted upon by the Council; provided, however, that a matter deemed to be an emergency by any Council Member, the City Manager or the City Attorney, or a matter which would become moot if not acted upon at the council meeting at which it is brought up, with an explanation of the emergency or other necessity for bringing it up stated in open council meeting, may be placed upon the agenda by a motion, seconded and carried, and then may be considered and acted upon by the Council.

7. Council Correspondence.

a) Availability to the Public. Correspondence addressed to the City Council which is received by the City Clerk or any other officer or employee of the City becomes a disclosable public record, unless subject to an exemptions under the California Public Records Act, as soon as it is received. Correspondence received in the City Clerk’s office or other offices after 12:00 o’clock noon on the Wednesday preceding a regular meeting shall not be placed on the agenda unless it concerns a matter to be considered by the Council at the next regular meeting or is determined by the Mayor or the City Manager to be an urgent matter which should be brought to the immediate attention of the Council. Correspondence shall not be read aloud at a Council meeting unless requested by a majority vote of the Council.

b) Authority of City Manager. The City Manager is authorized to open and examine all mail or other written communications addressed to the City Council and to give it immediate attention to the end that all administrative business referred to in said communications and not necessarily requiring Council action may be acted upon between Council meetings.

8. Order of Business and Consideration and Sequence of Agenda Items.

8 Exhibit 1 to Resolution 2022-
30919\001\1677134.1:11922 ~ 3 ~

a) The business of the Council shall be taken up for consideration and disposition in the following order (Resolution Nos. 94-15, 99-01, 2011-65 and 2019-107):

1. Call to Order 5:00 p.m. (if there is to be a Closed Session)

2. Roll Call and Establishment of Quorum

3. Closed Session (if any)

4. Open Regular Session (6:30 p.m.) - Report Any Action taken in Closed Session

5. Moment of Silence & Pledge of Allegiance

6. Special Presentations

7. Special Council and Staff Announcements

7.8.and Communications from the Floor -4 Minutes Each Person pursuant to Paragraph 27 a)Public Comment – up to a maximum of three (3) minutes

8.9.Consent Agenda

9.10. Public Hearings

10.11. Other Council Action Items

11.12. Council & Staff Informational Reports

12.13. Adjournment

b) The Mayor, at his/hertheir discretion and subject to majority vote overruling him/herthem, may re-arrange agenda items, provided that any items `pulled’ from Item 89, `Consent Agenda’ shall be considered following the last item of Item 1011, `Other Council Action Items’.

c) The following shall be the procedure for consideration and sequence of each Agenda Item, including Public Hearings:

1. Mayor Introduces the Agenda Item

2. City Manager/Executive Director (or designee/Council Member) Presents Staff Report

3. Applicant/proponent, when appropriate, up to 10 minutes (at Presiding Officer’s discretion)

4. City Council Clarifying Questions of Staff and Applicant/Proponent*

5. Brief Council Comments and Motion

6.5.Public Comments —4 Minutes Each Person pursuant to Paragraph 27 a)

7.6.Mayor Closes Public Hearing/Public Comments

7. Council Discussion

8. Council Motion and Brief Comment (1 minute each)

8. 9. Council Vote

9 Exhibit 1 to Resolution 2022-
30919\001\1677134.1:11922 ~ 4 ~

10. Reading of Minutes. Unless the reading of the minutes of a Council meeting is ordered by a majority vote of the Council, such minutes may be approved without reading if the City Clerk has previously furnished each Council Member with a copy.

11. Presiding Officer. The Mayor shall be the Presiding Officer at all meetings of the City Council. In the absence of the Mayor, the Mayor Pro Tempore shall preside. In the absence of both the Mayor and Mayor Pro Tempore, the City Clerk shall call the Council to order, whereupon a temporary Presiding Officer shall be elected by the Council Members present to serve until the arrival of the Mayor or Mayor Pro Tempore or until adjournment. Wherever in this resolutionthese Rules the term Mayor is used, it shall apply equally to the Presiding Officer as defined in this section.

12. Powers and Duties of Presiding Officer.

a) Participation. The Presiding Officer may move, second, debate and vote from the Chair.
b) Question to be Stated. The Presiding Officer or such member of the City staff as he they may designate shall verbally restate each question immediately prior to calling for the vote. Following the vote the City Clerk shall announce whether the question carried or was defeated. The Presiding Officer in his their discretion may publicly explain the effect of a vote for the audience, or he may direct a member of the City staff to do so, before proceeding to the next item of business.

c) Signing of Documents. The Presiding Officer shall sign all ordinances, resolutions, contracts, and other documents necessitating his their signature which were adopted in his their presence, unless he isthey are unavailable, in which case the signature of an alternate Presiding Officer may be used.

d) Sworn Testimony. The Presiding Officer may require any person addressing the City Council to be sworn as a witness and to testify under oath, and the Presiding Officer shall so require if directed to do so by a majority vote of the Council.

13. Rules of Debate.

a) Getting the Floor. Every Council Member desiring to speak shall first address the Chair, gain recognition by the Presiding Officer, and shall confine himself themselves to the question under debate, avoiding personalities and indecorous language.

b) Questions to Staff. Every Council Member desiring to question the City staff shall, after recognition by the Presiding Officer, address his their questions to the City Manager, the City Attorney, or to such other department head or member of the City staff as may be appropriate.

c) Interruptions. A Council Member, once recognized, shall not be interrupted when speaking unless called to order by the Presiding Officer, unless a point of order or personal privilege is raised by another Council Member, or unless the speaker chooses to yield to a 10 Exhibit 1 to Resolution 2022-
30919\001\1677134.1:11922 ~ 5 ~

question by another Council Member. If a Council Member while speaking is called to order, he they shall cease speaking until the question of order is determined and, if determined to be in order, may then proceed. Members of the City staff, after recognition by the Presiding Officer, shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer.

d) Points of Order. The Presiding Officer shall determine all points of order subject to the right of any Councilman Council Member to appeal to the Council. The Presiding Officer may consult with the City Manager or the City Attorney in connection with determining a point of order, or may refer the question involved to either one for determination. If an appeal is taken, the question shall be, “Shall the decision of the Presiding Officer be sustained?” A majority vote shall conclusively determine such question of order.

e) Point of Personal Privilege. The right of a Council Member to address the Council on a question of personal privilege shall be limited to cases in which his their integrity, character or motives are questioned or where the welfare of the Council is concerned. A Council Member raising a point of personal privilege may interrupt another Council Member who has the floor only if the Presiding Officer recognizes the privilege.

f) Privilege of Closing Debate. The Council Member moving the adoption of an ordinance, resolution or motion shall have the privilege of closing debate.

14. Ordinances, Resolution and Motions--Precedents. When an ordinance, resolution or motion is properly brought before the Council and seconded by another Council Member, no other action shall be considered except a point of order, or a motion to adjourn to table, to table to a certain time, to close debate, to refer or to amend. Such items shall have precedence in the order stated in the preceding sentence. Points of order shall be ruled upon by the Presiding Officer, provided that such ruling may be overridden by a majority of the Council. All of such motions, except motions to amend, shall be put to a vote without debate and decided by a majority.

Any of the foregoing motions shall be in order at any time the speaker is duly recognized, except when repeated without intervening business or discussion, or if made when the motion to close debate has been adopted or while a vote is being taken.

a) Motion to Table. If a motion to table (without time certain) passes, consideration of the matter may be resumed only upon the motion of a member voting with the majority on the motion to table.

b) Motion to Close Debate. When a motion to close debate is duly made and seconded, there shall be no further debate. If the question carries, the Presiding Officer shall put 11 Exhibit 1 to Resolution 2022-
30919\001\1677134.1:11922 ~ 6 ~

pending amendment to a vote, without debate, in the inverse order of their introduction before putting the main question. If the question is decided negatively, the main question and its amendments remain before the council

c) Reconsideration. Providing that no intervening rights will be prejudiced, any Council Member who voted with the majority on a question may move the reconsideration of that question at the same meeting in which the original decision was made or at the next following meeting. After a motion for reconsideration has been acted upon, no other similar motion shall be made without unanimous consent.

A “majority” refers to a majority of the quorum present.

Every ordinance shall be adopted by a roll call vote. All other matters may be referred to a vote unless a roll call is requested by any Council Member. On all matters for which a voice vote is authorized, the Presiding Officer may ask for, “objections to the question?”. If no objection is expressed, the Presiding Officer shall, “so order,” and the minutes shall record a unanimous vote in favor. If any Council Member objects to the procedure, a roll call vote shall be call in the normal manner.

After a vote has been announced, and except for comments pursuant to Rule 22, no Council member shall comment or continue to debate the vote.

16. Failure to Vote. Every Council Member should vote unless disqualified by reason of a conflict of interest. A Council Member who abstains from voting in effect consents that a majority of the quorum may decide the question voted upon.

17. Silence Constitutes Affirmative Vote. Unless a member of the Council states that he they is are not voting, his their silence shall be recorded as an affirmative vote.

18. Tie Vote. Tie votes shall be lost motions and may be reconsidered.

19. Changing Vote. A member may change his their vote only if he they makes a timely request to do so immediately following the announcement of the vote by the City Clerk and prior to the time that the next item in the order of business is taken up. A Council Member who publicly announces that he they are is abstaining from voting on a particular matter shall not subsequently be allowed to withdraw his their abstention.

20. Disqualification for Conflict of Interest. Any Council Member who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Presiding Officer state the nature of such disqualification in open meeting. Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Council Member affected, be decided by the other Council Members or the City Attorney. A Council Member who is disqualified by reason of a conflict in interest in any matter shall not 12 Exhibit 1 to Resolution 2022-
30919\001\1677134.1:11922 ~ 7 ~

remain in his their seat during the debate and vote on such matter, but shall request and be given the permission of the Presiding Officer to step down from the Council table. The Council Member stating such disqualification shall not be counted as a part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter.

21. Remarks of Council Member and Synopsis of Debate. A Council Member may request through the Presiding Officer the privilege of having an abstract of his their statement on any subject under consideration by the Council entered in the minutes. If the Council consents thereto, such statement shall be entered in the minutes.

22. Protest against Council Action. Any Council Member shall have the right to have the reasons for his their dissent from, or protest against, any action of the Council entered in the minutes. Such dissent or protest to be entered in the minutes shall be made in the following manner: “I would like the minutes to show that I am opposed to this action for the following reasons...”.

23. Rules of Order. Except as otherwise provided in this resolutionthese Rules, other rules adopted by the City Council or applicable provisions of State law, the procedures of the Council shall be governed, to the extent applicable, by the latest revised edition of Robert’s Rules of Order.

24. Failure to Observe Rules of Order. Rules adopted to expedite the transaction of the business of the Council in an orderly fashion are deemed to be procedural only and the failure to strictly observe such rules shall not affect the jurisdiction of the Council or invalidate any action taken at a meeting that is otherwise held in conformity with law.

25. Ordinances, Resolutions and Contracts.

a) All ordinances Shall be Prepared by the City Attorney. No ordinance shall be prepared for presentation to the Council unless ordered by a majority vote of the Council, or requested by the Mayor, or City Manager, or prepared by the City Attorney on his their own initiative.

b) Prior Approval by Administrative Staff. All ordinances, resolutions and contract documents shall, before presentation to the Council, have been approved as to form and legality by the City Attorney and shall have been examined and approved for administration by the City Manager or his their authorized representative.

26. Reading of Ordinances and Resolutions. At the time of adoption of an ordinance or a resolution, it shall be read in full unless, after the reading of the title thereof, the further reading thereof is waived by unanimous consent of the Council Members present. Such consent may be expressed by a statement by the Presiding Officer that “if there is no objection, the further reading of the ordinance or resolution shall be waived.” If any Council Member so requests, the ordinance or resolution shall be read in full.

13 Exhibit 1 to Resolution 2022-
30919\001\1677134.1:11922 ~ 8 ~

27. Addressing the Council.

a) Manner of Addressing Council. Each person desiring to address the Council shall step up to the speaker’s rostrum, state his name and address for the record, state the subject he wishes to discuss, state whom he is representing if he represents an organization or other persons, and, unless further time is limited or otherwise specifically provided for in these rules or is granted by majority vote of the Council, shall limit his their remarks to four three (43) minutes, which may be limited at the discretion of the Mayor depending on time available and the number of speakers. All remarks shall be addressed to the Council as a whole and not to any member thereof. No question shall be asked a Council Member or a member of the city staff without the permission of the Presiding Officer.

b) Spokesman for Group of Persons. In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the Council on the same subject matter, it shall be proper for the Presiding Officer to request that a spokesman spokesperson be chosen by the group to address the Council and, in case additional information or matters are to be presented by any other member of said group, to limit the number of such persons addressing the Council.

c) After Motion. After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing permission to do so by the City Council.

28. Rules of Decorum.

a) Council Members. While the Council is in session, the members Members must preserve order and decorum, and a member Member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council nor disturb any member Member while speaking or refuse to obey the orders of the Presiding Officer.

b) Employees. Members of the City staff and employees shall observe the same rules of order and decorum as are applicable to the City Council.

c) Persons Addressing the Council. Any person making impertinent, slanderous or profane remarks, or who becomes boisterous while addressing the Council, shall be called to order by the Presiding Officer and, if such conduct continues, may at the discretion of the Presiding Officer be barred from further audience before the Council during that meeting, unless permission to continue be granted by a majority of the Council.

d) Members of the Audience. Any person in the audience who engages in disorderly conduct such as hand clapping, stamping of feet, whistling, using profane language, yelling, and similar demonstrations, which conduct disturbs the peace and good order of the meeting, or who refuses to comply with the lawful orders of the Presiding Officer, shall be guilty of an infraction, and upon instructions from the Presiding Officer, it shall be the duty of the Sergeant at Arms to remove any such person from the Council Chamber and to place him under arrest or otherwise cause him to be prosecute under the law.
14 Exhibit 1 to Resolution 2022-
30919\001\1677134.1:11922 ~ 9 ~

29. Enforcement of Decorum. The Director of Public Safety or such member or members of the Public Safety Department as he they may designate, shall be Sergeant at Arms of the City Council and shall carry out all orders given by the Presiding Officer for the purpose of maintaining order and decorum at the Council meetings. Any Council Member may move to require the Presiding Officer to enforce the rules, and the affirmative vote of a majority of the Council shall require him to do so.

30. Public Hearings. The following rules shall apply to all public hearings, except when proceedings are held under general laws of the State of California which require different procedures

a) The Mayor shall state the subject matter of the hearing and declare the public hearing open. Before doing so, he they may determine whether or not there are proponents or opponents who wish to make presentations, how many persons wish to be heard or other matters which may affect the conduct of the proceedings. He The Mayor may impose and announce reasonable time limits on presentations or oral arguments by the public.

b) The City Manager or appropriate staff member shall give a factual summary of the matter.

c) The proponents shall be heard. (Written correspondence shall be summarized by the Clerk.)

d) The opponents shall be heard. (Written correspondence shall be summarized by the Clerk.

e) Each side shall be given a reasonable time for rebuttal. Additional speakers must limit their remarks to providing new information that was not already covered by other speakers.

f) Prior to the close of the public hearing, the Mayor shall give those persons wishing to place their names on the record as being for or against, without presenting an oral argument, an opportunity to do so.

g) The public hearing shall be declared closed.

h) The Council shall discuss and determine the matter.

i) After the public hearing is closed, the public shall not be recognized to speak except to answer any question not covered in the public hearing, and provided that whenever any such answer is given, the opposing side shall be given an opportunity to present facts in rebuttal of the answer given.

31. Policy on Public Input. It is the declared policy of the City Council that any member of the public wishing to be heard on a matter under consideration by the City Council shall be given a reasonable opportunity to do so. Prior to the vote on any issue, the Mayor shall determine 15 Exhibit 1 to Resolution 2022-
30919\001\1677134.1:11922 ~ 10 ~

whether or not anyone present wishes to be heard. The Mayor may establish reasonable time limits for oral presentations and shall limit the presentation to the matter before the City Council at that time.

32. Absences from Council Meetings. Pursuant to Government Code §36513, if a City Council Member is absent without permission from all regular Council meetings for 60 days consecutively from the last regular meeting he attended, his their office becomes vacant and shall be filled by the Council as any other vacancy. In addition, should any Council Member be absent from two (2) consecutive regular Council meetings, or from three (3) regular Council meetings in any six-month period, without permission from (i.e., not excused for good cause by) the Council, the Council may determine that the best interests of the City would be served by said Council Member’s resignation, and may request such resignation in a letter authorized by vote of the Council.

33. Automatic Adjournment. Unless otherwise adjourned, all meetings of the City Council shall automatically be adjourned at 10:00 o’clock p.m., except that a majority may by one or more motions act to extend the automatic adjournment to not later than a specified time, or for completion of a particular item or items, as specified in the motion to extend the time of adjournment.”

34. Amendment of Rules. These rules may be amended by an affirmative vote of a majority of a quorum; provided, however, that except as to rules relating to adjournment, where a provision of these rules requires action by a specific affirmative vote which is greater than a majority of a quorum, then amendment to that rule requires the same vote required for the rule proposed to be amended.”

35. Prior Resolution Repealed. The prior resolution of this Council relating to Council meeting procedures, being Resolution No. 76-1, is hereby repealed.

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AGENDA TEMPLATE
DATE 5:00 P.M. Closed Session
6:30 P.M. Open Session

REGULAR MEETING

CITY COUNCIL, AIRPORT COMMISSION,

MARINA ABRAMS B NON-PROFIT CORPORATION, PRESTON PARK SUSTAINABLE

COMMUNITY NON-PROFIT CORPORATION, SUCCESSOR AGENCY OF THE FORMER

MARINA REDEVELOPMENT AGENCY AND MARINA GROUNDWATER

SUSTAINABILITY AGENCY
Council Chambers
211 Hillcrest Avenue
Marina, California
Zoom Meeting URL: https://zoom.us/j/730251556
Zoom Meeting Telephone Only Participation: 1-669-900-9128 - Webinar ID: 730 251 556 In accordance with California Government Code §54953(e)(1)(A) and (C) and the Proclamation of a State of Emergency issued by Governor Newsom on March 4, 2020, under the provisions of Government Code §8625 related to the COVID -19 (coronavirus) pandemic, consistent with recommendations by State and local health officials regarding social distancing and in order to prevent an imminent risk to the health and safety of attendees as determined in Resolution 2022-78, public participation in City of Marina City Council public meetings shall be electronic only and without a physical location for public participation until the earlier of May 31, 2022, or such time as the City Council may adopt a resolution in a ccordance with Government Code §54953(e)(3). This meeting is being broadcast “live” on Access Media Productions (AMP) Community Television Cable 25 and on the City of Marina Channel and on the internet 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 access, view 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 using the “Raise Your Hand” feature in the webinar or by pr essing *9 on your telephone keypad if joining by phone only.

The most effective method of communication with the City Council is by sending an email to 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 distributed before the meeting if received by 5:00 p.m. on the day of the meeting. All comments received will become part of the record. Council will have the option to modify their action on items based on comments received.

EXHIBIT 2
17 Agenda for City Council Meeting of DATE Page 2

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AGENDA MATERIALS
Agenda materials, staff reports and background information r elated to regular agenda items are available on the City of Marina’s website www.cityofmarina.org. Materials related to an item on this agenda submitted to the Council after distribution of the agenda packet wil l be made available on the City of Marina website www.cityofmarina.org subject to City staff’s ability to post the documents before the meeting

VISION STATEMENT
Marina will grow and mature from a small town bedro om community to a small city which is 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 balance of housing, jobs and business opportunities that will result in a community characterized by a desirable quality of life, including recreation and cultural opportunities, a safe environment and an economic viability that supports a high level of municipal services and infrastructure. (Resolution No. 2006-112 - May 2, 2006)

LAND ACKNOWLEDGEMENT
The City recognizes that it was founded and is built upon the traditional homelands and villages first inhabited by the Indigenous Peoples of this region - the Esselen and Ohlone/Costanoan, their ancestors and allies - and honors these members of the community, both past and present.

1. CALL TO ORDER

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

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

3. PUBLIC COMMENT:

4. CLOSED SESSION: As permitted by Government Code Section 54956 et seq. , the (City Council, Airport Commissioners, Marina Abrams B Non -Profit Corporation, Preston Park Sustainable Communities Nonprofit C orporation, Successor Agency of the Former Redevelopment Agency Members and Marina Groundwater Sustainability Agency) may adjourn to a Closed or Executive Session to consider specific matters dealing with litigation, certain personnel matters, property neg otiations or to confer with the City’s Meyers -Milias- Brown Act representative.
a. Conference with Legal Counsel, Item #1
6:30 PM - RECONVENE OPEN SESSION AND REPORT ON ANY ACTIONS TAKEN IN

CLOSED SESSION

5. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE (Please stand) EXHIBIT 2
18 Agenda for City Council Meeting of DATE Page 3

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6. SPECIAL PRESENTATIONS:
a. Presentation #1

7. SPECIAL COUNCIL AND STAFF ANNOUNCEMENTS AND

8. COMMUNICATIONS FROM THE FLOORPUBLIC COMMENT: Any member of the Public or the City Council may make an announcement of special events or meetings of interest as information to Council and Public. Any member of the public may comment on any matter within the City Council’s jurisdiction which that is not on the agenda. Please state your name for the record. This is the appropriate place to comment on items on the Consent Age nda. Action will not be taken on an items that is not on the agenda. If it requires action, it will be referred to staff and/or placed on a future agenda. City Council members or City staff may briefly respond to statements made or questions posed as perm itted by Government Code Section 54954.2. In order that all interested parties have an opportunity to speak, please limit comments to a Comments are limited to a maximum of four three (43) minutes. General public comment may be limited to thirty (30) minutes and/or continued to the end of the agenda. 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 .

Whenever possible, written correspondence should be submitted to the Coun cil in advance of the meeting, to provide adequate time for its consideration.

9. CONSENT AGENDA FOR THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENCY: Background information has been provided to the Successor Agency of the former Redevelopment Agency on all matters listed under the Consent Agenda, and these items are considered to be routine and non-controversial. All items under the Consent Agenda are normally approved by one motion. Prior to such a motion being made, any member of the public or the City Council may ask a question or make a comment about an agenda item and staff will may provide a response. If discussion or a lengthy explanation is required, the Council may that item will be removed from the Consent Agenda for Successor Agency to the former Marina Redevelopment Agencyremove an item from the Consent Agenda for individual consideration. If an item is pulled for discussion, it and will be placed at the end of Other Action Items Successor Agency to the former Marina Redevelopment Agency.

10. CONSENT AGENDA: Background information has been provided to the City Council, Airport Commission, Marina Abrams B Non-Profit Corporation, and Redevelopment Agency on all matters listed under the Consent Agenda, and these These items are considered t o be routine and non - controversial. All items under the Consent Agenda are normallymay be approved by one motion.

Prior to such a motion being made, any member of the public or the City Council may ask a question or make a comment about an agenda item and staff will may provide a response. If discussion or a lengthy explanation is required, Council may that item will be remove the item d from the Consent Agenda and it will be placed at the end of Other Action Items. a. ACCOUNTS PAYABLE:
(1) Accounts Payable Check Numbers XXX– ______, totaling $ b. MINUTES:
(1) DATE, Regular City Council Meeting
c. CLAIMS AGAINST THE CITY: None
d. AWARD OF BID: None
e. CALL FOR BIDS: None
f. ADOPTION OF RESOLUTIONS:
(1) City Council consider adopting Resolution No. 2022-, regarding . . .

EXHIBIT 2
19 Agenda for City Council Meeting of DATE Page 4

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g. APPROVAL OF AGREEMENTS:
(1) City Council consider adopting Resolution No. 2022-, approving . . . h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
i. MAPS:
j. REPORTS: (RECEIVE AND FILE): None
k. FUNDING & BUDGET MATTERS: None
l. APPROVE ORDINANCES (WAIVE SECOND READING):
(1) City Council consider adopting Ordinance No. 2022-, approving . . . m. APPROVE APPOINTMENTS: None

11. PUBLIC HEARINGS: In the Council’s discretion, the applicant/proponent of an item may be given up to ten (10) minutes to speak. All other persons may be given up to three (3) minutes t o speak on the matter.
a. City Council open a public hearing and consider adopting Resolution No, 2022 -, approving . . .

12. OTHER ACTIONS ITEMS OF THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENCY: Action listed for each Agenda item is that whic h is requested by staff. The Successor Agency may, at its discretion, take action on any items. The public is invited to approach the podium to provide up to four Members of the public may be give n up to three (43) minutes of public commentto speak.

13. 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.Members of the public may be given up to three (3) minutes to speak.

Note: No additional major projects or programs should be undertaken without review of the impacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). a. City Council consider . . .

14. 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 brief report on his or her own Council reports on meetings and conferences attended ( activities as permitted by Government Gov’t Code Section 54954.253232).

ADJOURNMENT:

CERTIFICATION

I, Anita Sharp, Deputy City Clerk, of the City of Marina, do hereby certify that a copy of the foregoing agenda was posted at City Hall and Council Cha mbers Bulletin Board at 211 Hillcrest Avenue, Monterey County Library Marina Branch at 190 Seaside Circle, City Bulletin Board at the corner of Reservation Road and Del Monte Boulevard on or before 6:30 p.m., Friday, July 15, 2022.

___________________________________
EXHIBIT 2
20 Agenda for City Council Meeting of DATE Page 5

30919\001\1677819.1: 11922

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

City Council meetings may be viewed live on the meeting night and at 12:30 p.m. and 3:00 p.m. on Cable Channel 25 on the Sunday following the Regular City Council meeting date. In addition, Council meetings can be viewed at 6:30 p.m. every Monday, Tuesday and Wednesday. For more information about viewing the Council Meetings on Channel 25, you may contact Access Monterey Peninsula directly at 831-333-1267.

Agenda items and staff reports are public record and are available for pub lic 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 hours of 10:00 a.m. 5:00 p.m., on the Monday preceding the meeting.

Supplemental materials received after the close of the final agenda and through noon on the day of the scheduled meeting will be available for public review at the City Clerk’s Office during reg ular office hours and in a ‘Supplemental Binder’ at the meeting.

Members of the public may receive the City Council, Airport Commission and Successor Agency of the Former Redevelopment Agency Agenda at a cost of $55 per year or by providing a self -addressed, stamped envelope to the City Clerk. The Agenda is also available at no cost via email by notifying the City Clerk at [email protected]
ALL MEETINGS ARE OPEN TO THE PUBLIC. THE CITY OF MARINA DOES N OT DISCRIMINATE AGAINST PERSONS WITH DISABILITIES. Council Chambers are wheelchair accessible. Mmeetings are broadcast on cable channel 25 and recordings of meetings can be provided upon request. Tto request assistive listening devices, sign language interpreters, readers, large print agendas or other accommodations, please call (831) 884-1278 or e-mail: [email protected]. Rrequests must be made at least 48 hours in advance of the meeting.

EXHIBIT 2
21

Marina City CouncilNovember 15, 2022

Marina City Council
November 15, 2022