Agenda — Marina City Council, December 6, 2022 (part 2 of 3)

September 13, 2022
City of Marina
3200 Imjin Rd.

Marina, CA 93933
002.058242.mi
Submitted to: Diane Gordon
Scope and Preliminary Budget
The following is a preliminary scope and budget for the above referenced property as a result of a fire incident that occurred on August, 4, 2022. This budget is based on our direct physical observation. As with any budget, these projections are not absolute. Methods may change due to efficiency of work or job site considerations. However, actual invoicing will be produced based on a Rate & Materials basis from the schedule provided by BELFOR USA Group, Inc. to the City of Marina.

Areas Affected: Hangar, Rooms #100 - #116 plus hallways and common areas on the main level. Upper Deck Rooms #200 - #210 plus hallways and common areas.

Mobilization of Equipment and Crews for Emergency Response  Belfor will clean all horizontal structural affected surfaces, we will clean the rafters, all interior affected surfaces. We would also clean under the horizontal reachable surfaces. We would clean starting from the top, walls, surfaces and complete the clean up by cleaning the flooring. We would clean all affixed wall items that were not tenant improvements. We would then mark these areas as cleaned, seal these areas and scrub the air for 24 hours in order to keep them clean. We would then move to the next affected areas until we complete the entire affected areas.  We would be using 4 scissor lifts and 1 boom lift to reach the hangar’s roof in order to hand damp wipe all of the surfaces. We would protect all of the contents in the garage by using plastic sheeting.
 Due to the driving time, we would recommend to pay the crew for per diem lodging for the duration of the project.
 This project would take us from 2-3 weeks, regular time. There was no overtime estimated.
 Pending Asbestos and Lead testing.

EXHIBIT A TO AGREEMENT
17 License #801553

BELFOR Property Restoration 2297 Ringwood Avenue, CA 95131 Ph. (408) 929-3473 - Fx. (408) 929-3477 - CA Lic. 810553

Page 2 of 2 ends

Temporary Services Needed on Site
 Sink Portable/Wash stations
 Portable Restrooms
 4 Scissor Lifts
 1 Boom Lift (for those hard to reach areas)
Emergency Services and Mitigation includes Labor, Equipment, Consumables, Vehicles, Lodging/Travel time, Temporary Services,

Clean all interior surfaces, walls, pipes, horizontal surfaces and fixtures, carpet clean the upstairs affected flooring and tear out downstairs carpet. We would then clean all non-porous flooring.

We foresee this work to take 10-15 business days or to be determined per needs of the customer as they would like to keep using the hangar if possible.

Budget Trend – Equipment, Consumables & Labor
$475,000 - $500,000

By: Chris Castro
Project Manager/Estimator
(●) BELFOR PropertyRestoration
2297 Ringwood Ave
San Jose, CA 95131
Cell: 408.314.9990

EXHIBIT A TO AGREEMENT
18 CALIFORNIA PREVAILING RATE AND MATERIALS SCHEDULE FOR INVOICING (Exhibit B) Effective Date: January 2022
§ I.

CODE REGULAR RATE / HR
APM Assistant Pro ject Manager $ 80.00 PM Pro ject Manager $ 119.00
PE Pro ject Estimator $ 129.00
SPM Senior Pro ject Manager $ 146.00
PC Pro ject Coordinator $ 178.00
GL General Labor $ 122.00
AA Administrative Assistant $ 94.00
LF Labor Foreman $ 132.00
MS Mobilization Su pport $ 109.00
TD Truck Driver $ 109.00
DMT Demolition Technician $ 131.00
RCO Resource Coordinator (Supply Technician) $ 127.00 PA Pro ject Auditor (Documentation Clerk) $ 99.00 EO E quipment Operator $ 139.00
HSO Health & Safet y Officer $ 127.00
RT Restoration Technician $ 134.00
RS Restoration Su pervisor $ 134.00
DT Dehumidification Technician $ 134.00
MT Mold Technician (Remediation Technician or Supervisor) $ 134.00 PT Painter $ 127.00
DP Dr ywall Installer/Finisher $ 139.00
CR Car penter (Framer/Finish) $ 139.00
TF Trade Foreman (Commercial Supervision) $ 139.00 (Dehumidification, Documents/Media, Electronics, HVAC, Machinery, Mold) TN Technician $ 134.00
TS Technical S pecialist $ 134.00
TL Team Leader $ 149.00
TMR Technician, Machinery Rebuild $ 149.00 HT Hazmat/Asbestos Technician $ 126.00
HLT Hazmat/Asbestos Lead Technician $ 134.00 HEO Hazmat/Asbestos E quipment Operator $ 139.00 HS Hazmat/Asbestos Supervisor $ 134.00
HPM Hazmat/Asbestos Project Manager $ 149.00 CVP President & Vice President $ 275.00
CSC Senior Consultant $ 225.00
CCE Consultant / Consulting Estimator $ 195.00 CWP Clerk of the Works-Production Person $ 120.00 CAD Administrative $ 75.00
COC Outside Consultants Actual Billing + 10%
CLG Deposition, Legal Work, & Court Testimony see section I.IV Consulting Expenses 400.00$ CFE Appraisal & Umpire fees 350.00$
§ I.II
ENVIRONMENTAL SERVICES:

CONSULTING SERVICES:

LABOR CALCULATION POLICY
The guidelines for labor invoicing are as follows: The first eight hours worked on any scheduled shift Monday through Friday will be charged at the regular hourly rate. Any hours worked in excess of eight hours on any scheduled shift Monday through Friday will be charged at 1.5 times the regular hourly rate. All hours worked on Saturday and Sunday will be at 1.5 times the regular hourly rate. All hours worked on Holidays (see §I.III Item 4 for recognized holidays) will be charged at 2 times the regular hourly rate. OT applies to all labor classifications regardless if salary or hourly.

After Hours Emergency Services: In the event that BELFOR personnel are required for emergency services after normal BELFOR business hours (Weekdays 5:00 p.m.-7:00 a.m.), 1.5 times the regular hourly rate will be charged.

GENERAL CLASSIFICATIONS:

RESTORATION SERVICES (General):

RECONSTRUCTION SERVICES:

TECHNICAL SERVICES:

RATES AND INVOICE CONDITIONS

ITEMIZED SCHEDULED LABOR CLASSIFICATIONS
PROJECT MANAGEMENT:
v1-1
Rate and Materials (California) Page 1 of 4 BELFOR Initial:_________ Customer Initial:_________ 19 CALIFORNIA PREVAILING RATE AND MATERIALS SCHEDULE FOR INVOICING (Exhibit B) Effective Date: January 2022
§ I.
§ I.III
1). Reproduction of actual drawings at actual cost
2). Automobile mileage at IRS approved rate, tolls at cost with receipts over $25.00 3). Overnight mail is priced at $14.70/small package, $29.40/large package 4). Photographs at $1.00 per picture for standard size
§ I.IV 5). Color copying at $1.00 per page or actual cost if Kinko's or other service 6). Airfare, hotels, rental car rates and other travel expenses are billed at cost + 15% 7). Daily per diem rate at $55.00 a day/based on (8) hour day Note: *Fees for deposition and trial appearances are for a minimum eight-hour day @ $300/hr for all consultants § II.
§ III.
§ IV.
§ V.
§ VI.
§ VII.
§ VIII.

BILLING AND PAYMENT
The rates contained in this exhibit are exclusive of federal, state and local sales or use taxes and the costs associated with any applicable federal, state or local approvals, consents, permits, licenses and orders incident to performance of the work.

The above rates represent the charges for freeze drying only. Labor, equipment, materials and other document treatments performed will be billed in accordance with the rates herein and any project specific quotations.

Other recovery service charges will be determined per job, based on the following relevant factors:
* Nature of Damage * Degree of soot/char * Intended Use of Document * Moisture Saturation * Mold Contamination * Odor Because the type and level of contamination may vary so greatly and thus affect the resultant recovery protocol required, these additional services will be quoted after examining a sample of the affected documents.

CAT CONSIDERATIONS (Based on Property Claim Services assigning a CAT Serial Number) 1). A 6% fee will be added to the total of each invoice. This fee will cover all of the indirect charges that must be allocated to each job in the CAT. Examples of these charges would be CAT management, CAT office, admin support, warehousing, etc... 1). Invoices generated in accordance with the BELFOR Rate and Materials Schedule will be submitted periodically for work that has been performed. As such, all invoices are due and payable upon receipt and will be considered late 30 days after receipt of the invoice. If there are any disputed charges on any invoice these should be clearly identified in writing within 30 days and an additional 30 days will be allowed to resolve disputed charges. Interest charges will begin to accrue after 30 days for undisputed charges and after 60 days for the disputed charges at the rate of: 1) 1% per month or 2) as specified in the terms and conditions of the a
pplicable contract.
1). Any scheduled consumables purchased locally where the unit price exceeds 80% of the rate, the item will be invoiced at documented cost plus Contractor's 10% Overhead / 10% Profit (21%).
2). During the course of performance of the work BELFOR may add additional consumables to the Rate Schedule.

Freeze drying charges will range from $45 to $85 per cubic foot based on the volume of documents to be dried, the type of document (bound or loose paper), and the moisture saturation.
4). Scheduled consumables are charged on a "per unit" basis whether consumed by the unit or not.

VENDORS, UNSCHEDULED MATERIALS & UNSCHEDULED EQUIPMENT
1). Contractor's 10% overhead plus 10% profit (21%) will be added to the total of all documented costs for Unscheduled Materials, Unscheduled Equipment, and Subcontractors / Vendors (including DUCTZ HVAC and BELFOR Environmental Services) who are not fulfilling a scheduled Labor Classification.

REIMBURSABLES
1). Contractor's 15% mark-up will be added to the total of all reimbursables. 2). Standard per diem rates are $68.75 per person per day (2019 GSA base rate). The 1.35 multiplier will be applied for NYC, Cape Cod, Martha's Vineyard, Nantucket, AK, HI, Latin America, and the Caribbean ($74.25). Per Diem will be charged for all traveling personnel in § I. Itemized Scheduled Labor Classification. BELFOR charges this daily rate whether the per diem is paid directly to the person, is charged to BELFOR as a separate charge, or is included with other compensation considerations. For multiple jobs on a single day, per diem will be prorated accordingly. 3). Per Diem reimbursement is subject to certain limitations regarding deductibility governed by the Internal Revenue Service, Code of 1986, Section 274(n)(1). Please consult your tax advisor on the appropriate treatment of these costs on your project as it is our policy that any deductibility limitation for income tax purposes is the responsibility of the customer. 3). BELFOR reserves the right to change the unit rate of scheduled consumables affected by market conditions. 4). BELFOR shall be reimbursed for travel expenses (airfare, lodging, rental cars, per diem) for personnel at documented costs plus markup (see item 1).
5). Lodging will be charged in accordance with the published GSA lodging allowance in effect at the time of the stay (https://www.gsa.gov/travel/plan- book/per-diem-rates/) plus applicable fees and taxes. As is the case with the Federal Travel Regulations, actual expense reimbursement is allowed when the lodging allowance is insufficient to meet the necessary expenses. 6). An optional methodology for lodging charges is to apply a lodging allowance as follows: Lodging may be charged at the average nightly rate of up to three hotels that house project personnel (BELFOR and/or subcontractors). The full average nightly rate will be charged for single occupancy and 50% of the average nightly rate per person will be charged for double occupancy.

DOCUMENT DRYING AND RECOVERY SERVICES
2). Small Tools Charge: Items such as shovels, ladders, demolition carts, extension cords, small hand tools, etc..., which are provided by BELFOR but are not included in the Scheduled Equipment list will be charged at 3% of total labor charges for all hands-on personnel (EO, GL, LF, RT, RS, DTA, DC, DTL, DMT, DT, MT, PT, DP, CR, TN, TS, HT, HLT, HEO). Any specialty items purchased for a project may be charged as per Section IV. 3). The Safety Equipment Packages (Personal Protection Equipment - PPE, Personal Fall Protection - PFP, and Personal Respiratory Protection - PRP) are inclusive of the reusable components of each package as well as any training, medical, or certification expenses related to their use. They do not include the dis
posable items within the Scheduled Consumables list.
4). During the course of performance of the work BELFOR may add additional equipment to the schedule.

SCHEDULED CONSUMABLES (see § III.I Itemized Scheduled Consumables) 3). National holidays recognized by BELFOR for rate (not payroll) purposes are New Years Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas.
1). Work performed under a particular contract that is subject to Federal and State wage and hour laws, prevailing wages, and/or collective bargaining agreements may require negotiated changes to the above stated rates. If necessary, adjustments will be made to the hourly rates and other labor provisions. 2). When circumstances beyond our control require BELFOR personnel to stand-by at the job site, a minimum stand-by charge of 6 hours at the regular hourly rate (no overtime) will be charged.
4). The hourly Scheduled Labor rates will be charged portal to portal for all BELFOR personnel, labor subcontractors, and subcontractors fulfilling any Labor Classifications.
5). If a meeting is requested by the client that involves travel BELFOR will bill for travel expenses at documented cost plus 15%.

CONSULTING EXPENSES
SCHEDULED EQUIPMENT CHARGES (see § II.I Itemized Scheduled Equipment) 1). The Daily Rental Rate is charged for each calendar day equipment is utilized on a project, whether a partial day or complete day.

LABOR CONSIDERATIONS
v1-1
Rate and Materials (California) Page 2 of 4 BELFOR Initial:_________ Customer Initial:_________ 20 CALIFORNIA RATE AND MATERIALS SCHEDULE FOR INVOICING (Exhibit B) Effective Date: January 2022
§ II.I

EQUIPMENT DESCRIPTION UNIT RATE EQUIPMENT DESCRIPTION UNIT RATE AIR MOVERS/COMPRESSORS/ACCESSORIES TRUCKS, VEHICLES, TRAILERS (rate does not include fuel) Air compressor, gas/electric Ea / Day 45.00$ BELFOR Command Center Ea / Day 605.00$ Air compressor, tow behind Ea / Day 143.00$ Mobile Office Ea / Day 79.00$ Air movers/carpet blowers Ea / Day 36.00$ Mobile Warehouse (Trailer Only) Ea / Day 188.00$ Octidry Bag or Direct it In (attachment) Ea / Day 36.00$ Trailer, Freezer Ea / Day 182.00$ Injectidry Unit Ea / Day 158.00$ Truck, Dump Service (Pickup Truck) Ea / Day 116.00$ Manometer Ea / Day 100.00$ Truck, Dump-Trip Charge Ea / Day 182.00$ Truck, Moving/Box/Board up Ea / Day 188.00$
BLAST/POWER WASH UNITS Truck (Cab) or Trailer (Flatbed, Transfer, etc) Ea / Day 151.00$ Blasting Unit, Agri/Soda Ea / Day 784.00$ Vehicle, Pickup, SUV or Car Ea / Day 84.00$ Dry Ice Blaster w/Accessories Ea / Day 1,178.00$ Vehicle, Truck 1 Ton 4x4 Lift gate Ea / Day 200.00$ Soda Blaster Ea / Day 1,169.00$ Vehicle, Van (1 per 10 Passenger or Cargo) Ea / Day 136.00$ Washer, High Pressure (cold) Ea / Day 121.00$
Washer, High Pressure (hot) Ea / Day 151.00$ DUMPSTERS & STORAGE Dumpster, 20 yd (max weight 4 Tons) Per Load 666.00$
CLEANING/VACUUMS/EXTRACTION Dumpster, 30 yd (max weight 6 Tons) Per Load 847.00$ Buffer, Floor Ea / Day 45.00$ Dumpster, 40 yd (max weight 8 Tons) Per Load 1,029.00$ Carpet Cleaning Machine Ea / Day 91.00$ BELFOR Pods 8'x7' 12' x 7' Per Month 285.00$ Dry Cleaning Unit (portable) Ea / Day 173.00$ BELFOR Pods (set up & breakdown) Per Pod 363.00$ Extraction Unit (portable) Ea / Day 188.00$ Storage Vaults Per Month 152.00$ Extraction Unit (Truck or Trailer mount) Ea / Day 680.00$ Floor cleaning system (walk behind) Ea / Day 287.00$ ELECTRONICS / MECHANICAL HEPA Filtration Unit / Air Scrubber Ea / Day 172.00$ Cart, Electronic Decontamination Ea / Day 76.00$ Ion Air Cleaning System Ea / Day 57.00$ Cleaning Room, HEPA filtered Ea / Day 1,184.00$ Steam Cleaner (Trailer) Ea / Day 294.00$ Crane, A-Frame (1 ton) Ea / Day 168.00$ Upholstery Machine/Lady Vac (steam cleaner) Ea / Day 76.00$ Crane, Overhead (2 Ton, monorail 38 feet) Ea / Day 935.00$ Vacuum, HEPA Ea / Day 110.00$ Decon Room Per Project 624.00$ Vacuum, Insulation Machine Ea / Day 109.00$ DI Water System Ea / Day 48.00$ Vacuum, Upright, Wet/Dry or Canister Ea / Day 42.00$ Documentation Kit (digital camera/photo printer) Ea / Day 84.00$ Zip Poles, Set of 6 Ea / Day 33.00$ Electrical Distribution (120 Amp Panel) Ea / Day 227.00$ Electrical Test Equipment (Megger, Hi-Pot, Grounding Cables) Ea / Day 498.00$ LIGHTS Electronic Dehumidification Unit/Heating (KHT) Ea / Day 272.00$ Light, Balloon Ea / Day 133.00$ Gas Detector, ATI PortaSens II Ea / Day 371.00$ Light, Tower Mobile (400 WT diesel) Ea / Day 188.00$ HEPA Filtered Hood Ea / Day 187.00$ Light, Wobble (37 inches) Ea / Day 53.00$ HEPA Water Displacement Unit Ea / Day 113.00$ Oven, Convection Drying (ULT) Ea / Day 529.00$
MISC. Oven, Vacuum Drying Ea / Day 754.00$
Heat Gun, Shrink Wrap Ea / Day 91.00$ Quality Control Kit, (scientific instruments) Ea / Day 227.00$ Ride on Flooring Stripper (includes blades) Ea / Day 1,452.00$ Reflectoquant Test Device Ea / Day 124.00$ Saw, Demo Ea / Day 129.00$ Sealer, Vacuum Ea / Day 330.00$ Saw, Kett Ea / Day 43.00$ Spray Booth with 2 sinks (portable) Ea / Day 227.00$ X-Ray Dryer Ea / Day 188.00$ Sprayer, Airless H.P. (Wagner) Ea / Day 99.00$ X-Ray Separation Tank Ea / Day 565.00$ Tool Handling Charge Per Project 561.00$ Ultrasonic Bath, Portable Ea / Day 393.00$
ODOR CONTROL/DISINFECTION Ultrasonic Bath, Bench Top Ea / Day 227.00$ Fogger, Commercial Ea / Day 136.00$ Ultrasonic Dip Line, Industrial Multi-step Ea / Day 4,072.00$ Fogger, ULV / Thermal (electric) Ea / Day 48.00$ Vacuum, Clean Room Ea / Day 187.00$ Ozone Generator Ea / Day 151.00$ Wet Bench (portable) Ea / Day 228.00$ Smoke Machines (small) Ea / Day 121.00$ Workstation (table, chair, lights, ESD) Ea / Day 30.00$ Vapor Shark Ea / Day 48.00$

ENVIRONMENTAL
POWER Cascade Breathing Air System Ea / Day 206.00$
Electrical Distribution (Spider Box) Ea / Day 91.00$ Chemical Hose, Hazmat Ea / Day 274.00$ Generator (portable) Ea / Day 151.00$ Confined Space Entry System Ea / Day 250.00$ Decontamination Shower/Filter Ea / Day 175.00$
PUMPS Jerome Mercury Vapor Analyzer Ea / Day 306.00$
Pump, Sump / Flood Ea / Day 42.00$ Mini-Rae (PID) Ea / Day 218.00$ Pump, Trash with Hose, 2" Ea / Day 168.00$ MSA Passport (O2, LEL, CO, H2S) Ea / Day 250.00$ Personal Sample Pump Ea / Day 35.00$
DRYING/TEMP/HUMIDITY CONTROL Pump, Diaphragm 1", Hazmat Ea / Day 250.00$ Moisture Meter Ea / Day 25.00$ Pump, Diaphragm 2", Hazmat Ea / Day 374.00$ Camera, IR Ea / Day 28.00$ Self-Contained Breathing Apparatuses (SCBA-30Min) Ea / Day 175.00$ Dehumidification, Dehumidifier -100 to 140 AHAM Pints Ea / Day 165.00$ Self-Contained Breathing Apparatuses (SCBA-5Min) Ea / Day 138.00$ Dehumidification, Desiccant -500/600 cfm Ea / Day 491.00$ Trailer, Emergency Response, Hazmat Ea / Day 374.00$ Dehumidification, Desiccant -2000/2250 cfm Ea / Day 690.00$ Dehumidification, Desiccant -3500 cfm Ea / Day 1,216.00$ HVAC Dehumidification, Desiccant -5000-6000 cfm Ea / Day 1,647.00$ HVAC, High Volume Tornado System Ea / Day 116.00$ Dehumidification, Desiccant -10000 / 12000 cfm Ea / Day 2,587.00$ HVAC, Mobile Resource Unit Ea / Day 188.00$ Dehumidification, Desiccant -15000 cfm Ea / Day 4,440.00$ HVAC, Power and Manual Hand Tools PP/Day 31.00$ Dehumidification, Desiccant -25000 cfm Ea / Day 7,027.00$ HVAC, Rotary Brush Duct Cleaning System Ea / Day 55.00$ Dehumidification/Cooling -1 Ton Spot Cooler Ea / Day 196.00$ HVAC, Service Vehicle / Trailer Combo Ea / Day 151.00$ Dehumidification/Cooling -DX Unit -20 / 30 ton Ea / Day 1,568.00$ HVAC, High CFM HEPA Vacuum Collection System Ea / Day 237.00$ Dehumidification/Cooling -DX Unit -60 / 70 Ton Ea / Day 2,471.00$ HVAC Video / Tool Robotic Inspection System Ea / Day 611.00$ Dehumidification/Cooling - Chiller 100 to 400 Ton Ton / Day 32.00$ HVAC, Viper Duct Cleaning System Ea / Day 55.00$ Dehumidification, Heater -20 KW Ea / Day 194.00$
Dehumidification, Heater -50 KW Ea / Day 432.00$ SAFETY Dehumidification, Heater -100 KW Ea / Day 589.00$ Personal Fall Protection (PFP) PP / Day 10.00$ Dehumidification, Heater -150 KW Ea / Day 705.00$ Personal Protection Equipment (PPE) PP / Day 6.00$ Dehumidification, Heater, Indirect Fired up to 500,000btu + fuel Ea / Day 1,137.00$ Personal Respiratory Protection (PRP) PP / Day 10.00$ Heater, Electric -1500 watt Ea / Day 19.00$ Respirator, PAPR Ea / Day 100.00$ Heater, Propane/Torpedo-direct fired + fuel Ea / Day 67.00$ Electrostatic Sprayer Ea / Day 165.00$
ITEMIZED SCHEDULED EQUIPMENT 3
The rates contained in this exhibit are exclusive of federal, state and local sales or use taxes and the costs associated with any applicable federal, state or local approvals, consents, permits, licenses and orders incident to performance of the work. v1-1
California Rate and Materials (Standard) Page 3 of 4 BELFOR Initial:_________ Customer Initial:_________ 21 CALIFORNIA RATE AND MATERIALS SCHEDULE FOR INVOICING (Exhibit B) Effective Date: January 2022
§ III.I

CONSUMABLE DESCRIPTION UNIT RATE CONSUMABLE DESCRIPTION UNIT RATE

BAGS ELECTRONICS / MECHANICAL
Bags, Environmental Trash Bags Ea. 3.60$ BELFOR-AC 14 Alkaline Cleaner 14 Gal 41.00$ Bags, Insulation Machine (Vacuum) Ea. 37.00$ BELFOR-AC 12 Alkaline Cleaner 12 Gal 56.00$ Bags, Trash (each) 3 mil 1.00$ 6 mil 2.00$ BELFOR-CD 04-C Complex Deruster 04 C Gal 88.00$ CLEANING-GENERAL BELFOR-CD 13 Complex Deruster 13 Gal 139.00$ Disinfectant-Bioesque Gal 50.00$ BELFOR-EC 12 Electronics Cleaner Gal 36.00$ BELFOR-All Natural Citrus Solvent Cleaner Gal 41.00$ BELFOR-ESL Label Protection Lacquer Ounce 21.00$ BELFOR-All Purpose Cleaner Gal 13.00$ BELFOR-FC 10 Energized Cleaner Gal 999.00$ BELFOR-All Purpose Spotter Gal 28.00$ BELFOR-GC General Cleaner Gal 34.00$ BELFOR-Carpet Rinse & Neutralizer Gal 22.00$ BELFOR-HD 01 Hand Deruster 01 Gal 47.00$ BELFOR-CIF Citrofix Lemon Scent Ounce 1.20$ BELFOR-LP 40 Light Preserver 40 Gal 88.00$ BELFOR-Concentrated Odor Counteractant & Smoke Elim. Gal 37.00$ BELFOR-MPP Metal Polishing Paste Ounce 19.00$ BELFOR-Extra Duty Cleaner Degreaser Gal 21.00$ BELFOR-NC CR Neutral Cleaner CR Gal 149.00$ BELFOR-Glass Cleaner Gal 10.00$ BELFOR-NK One Step Cleaner and Preserver (electrical) Pint 15.00$ BELFOR-Hand Cleaning Wipes Tub 50.00$ BELFOR-OC24 Organic Cleaner 24 Gal 56.00$ BELFOR-Multi-Enzyme Spotter-Deodorizor-Protector Gal 37.00$ BELFOR-OC62 Organic Cleaner 62 Gal 39.00$ BELFOR-Multi-Purpose Restroom Cleaner Gal 17.00$ BELFOR-O-SW Oil Black (Elect. Contacts Only) Ounce 41.00$ BELFOR-Oil Preserver Gal 56.00$ BELFOR-PM Polish Milk Ounce 6.60$ BELFOR-Quarry & Hard Tile Cleaner Gal 21.00$ BELFOR-SD 02 Sulfide Defroster Gal 64.00$ BELFOR-Rug & Upholstery / Traffic & Bonnet Cleaner Gal 31.00$ BELFOR-WP Wax Preserver Gal 95.00$ Adhesive, Remover Can 18.00$ Nitric Acid, Ultra Pure Quart 187.00$ Alcohol, Isopropyl Gal 96.00$ Apron, Chemical Ea. 6.60$ Blocks, Odor Counteractant Ea. 9.00$ Arm Sleeves, Chemical Ea. 4.80$ Boot Covers, Latex Per Pair 13.00$ Arsenic Test Kit Per Test 6.60$ Brush, Scrub Ea. 14.00$ Bags, Anti Static Ea. 4.80$ Brushes, Pipe Ea. 37.00$ Brady Cards Ea. 8.80$
Brushes, Wire Small 5.50$ Lar ge 9.00$ Brush, Dispersion (Each) Small 5.50$ Lar ge 17.00$ Cleaner, Stainless Steel Can 19.00$ Brush, Non Conduct Ea. 13.00$ Disinfectant, Antimicrobial Gal 62.00$ Chloride Quick Test Strips Ea. 1.50$ Fogger, Thermo Deodorizer Gal 43.00$ Cleaning / Decon Sticks Ea. 1.70$ Mop Heads Ea. 17.00$ Non-Conduct Scrubbers, Green (#7447) Box 34.00$ Pad, Floor Buffer Ea. 15.00$ Non-Conduct Scrubbers, Maroon (#96) Box 95.00$ Pad, Foam Scrubbing Pak 63.00$ Non-Conduct Scrubbers, White (#98) Box 57.00$ Sponge, Particulate Removal (1.5"x3"x6") Ea. 4.80$ Tape, Clean Room Roll 30.00$ Sponge, Particulate Removal (3/4"x3"x6") Ea. 2.40$ Wipes, Lint Free Pak 43.00$ Steel wool Ea. 1.30$ Wipes, Presaturated IPA/DI Pak 25.00$ Thinner, Paint/Mineral Spirits Gal 28.00$ Wipes, Standard Clean Room Pak 35.00$ Vapor Shark Membrane Ea. 64.00$ Wipes, Ultra Clean Room Pak 75.00$ Wipes, Cotton Cloth/Workshop Rags Lb. 6.60$
Wipes, Wipe All Pak 15.00$ ENVIRONMENTAL
Asbestos Glove Bag Ea. 41.00$
CONTENTS/PACK-OUT/STORAGE Breathing Air, Type K Bottle Ea. 67.00$ BELFOR-Fabric Protector Gal 48.00$ Cartridge, MSA Combination Ea. 20.00$ BELFOR-Lemon Oil Furniture Polish Gal 6.60$ Protective Suits (Acid) Ea. 102.00$ BELFOR-Liquid Laundry Detergent Gal 21.00$ Protective Suits (Level A, fully encapsulating) Ea. 1,901.00$ BELFOR-Premium Dish Detergent Quart 7.70$ Protective Suits (PolyPro Asbestos) Ea. 10.00$ Boxes, Book Ea. 6.60$ Protective Suits (Saranex Chemical) Ea. 37.00$ Boxes, Dish Pack Ea. 7.70$ Sorbent Boom Ea. 81.00$ Boxes, Slip Covers Ea. 3.60$ Sorbent Pad Ea. 11.50 $ Bale 122.00$ Boxes, Wardrobe/Specialty Ea. 43.00$ Sorbent Pillows Ea. 31.00$ Cloths, Masslinn Ea. 1.70$ DRUMS 15g 30g 55g
Foam Blocks Ea. 1.70$ Drum, Poly Closed Top Ea. 51.00$ 60.00 $ 85.00$ Inventory Tags Ea. 1.70$ Drum, Poly Open Top Ea. 55.00$ 65.00 $ 92.00$ Tape, Poly Box Roll 3.60$ Drum, Steel Closed Top Ea. 40.00$ 48.00 $ 67.00$ Wrap, Bubble/Anti Static Roll 102.00$ Drum, Steel Open Top Ea. 44.00$ 57.00 $ 81.00$ Wrap, Stretch Roll 72.00$ Drum, Steel Salvage, 85 Gallon Ea. 185.00$ Drum, Poly Overpack, 95 Gallon Ea. 283.00$
FILTERS Drum, Steel Overpack, 110 Gallon Ea. 555.00$
Filter, Charcoal (Carbon Activated) Ea. 79.00$
Filter, HEPA Ea. 279.00$ HVAC
Filter, Pleated Ea. 25.00$ HVAC Air Blast Nozzle, Replacement Ea. 61.00$ Filter, Poly (Secondary) Ea. 8.80$ HVAC Air Whip, Multi Head, Replacement Ea. 79.00$ HVAC BBJ Freshduct / Microbiocide 15oz 61.00$
SHEETING/PLASTIC/FLOOR PROTECTION HVAC Cleaner Degreaser Gal 21.00$ Duct, Lay Flat (500') with hog rings Roll 565.00$ HVAC Closed Cell Foam Insulation Tape 1/8"x2"x30' Roll 30.00$ Plastic Sheeting, 1.5 mil (24 x 200) Roll 53.00$ HVAC Coil Cleaner Gal 58.00$ Plastic Sheeting, 3 mil (20 x 100) Roll 66.00$ HVAC Collection Machine Filters (Pleated & Bag) Ea. 70.00$ Plastic Sheeting, 6 mil (20 x 100) Roll 99.00$ HVAC Collection Machine HEPA Filter Ea. 411.00$ Plastic Sheeting, 6 mil-Fire Retardant / Anti Static (20 x 100) Roll 386.00$ HVAC Duct Liner 1" - 3'x100' Roll 484.00$ Plastic Sheeting, 6 mil-Fire Retardant-Black (20 x 100) Roll 479.00$ HVAC Duct Mastic Gal 35.00$ Plastic Sheeting, Carpet Protector Roll 99.00$ HVAC Encapsulant, Antimicrobial (Foster) Gal 99.00$ Ram Board, (38" X 100') Roll 185.00$ HVAC Fiberlock Gal 87.00$ Red Rosin Paper (200 ft. roll) Roll 30.00$ HVAC HEPA Vac Collection Bag & Filter Protector Ea. 12.00$ Scrim-Fire Rated (60'x100') Roll 2,988.00$ HVAC HEPA Vac Filters (Dacron Filter Bag & Impaction) Ea. 73.00$ Sticky Mat (26"x32") Ea. 108.00$ HVAC HEPA Vac HEPA Filter Ea. 345.00$ HVAC Propane Fill Charge Cylinder 55.00$
SHRINK WRAP HVAC Rotary Brush Head, Replacement Ea. 139.00$ Strapping, Woven HD LF 0.15$ HVAC Rotary Brush System, Replacement Core Ea. 48.00$ Tape, Heat Shrink 2" Roll 20.00$ HVAC Sheetmetal Blank Ea. 21.00$ Tape, Heat Shrink 4" Roll 40.00$ HVAC Sheetmetal Screw Box 100 26.00$ Tape, Heat Shrink 6" Roll 59.00$ HVAC Spray Adhesive Can 29.00$ Wrap, Shrink, 7 mil (45' x 145") Roll 987.00$ HVAC Unibit Ea. 99.00$ Wrap, Shrink, 12 mil (32' x 180") Roll 1,834.00$ HVAC Vacuum Brush Head - Replacement Ea. 29.00$

TAPE/ADHESIVE SAFETY
Adhesive, Spray Can 9.00$ Boots, Chemical PVC Per Pair 55.00$ Tape, 2-way (2" x 60') Roll 36.00$ Dust Mask Ea. 2.40$ Tape, Barricade-Banner Guard (Caution, Danger, etc…) Roll 34.00$ Gloves, Cotton (includes liners) Per Pair 2.80$ Tape, Duct (2"x 60') Roll 9.00$ Gloves, Latex (Surgical) Box 100 50.00$ Tape, Global Roll 30.00$ Gloves, Leather Per Pair 9.90$ Tape, Painters-blue/red Roll 10.00$ Gloves, Nitrile Per Pair 9.40$ Gloves, Nylon Inspection Per Pair 0.60$
MISC Protective Suits (Tyvek) Ea. 33.00$
Disposable Decontamination Unit Ea. 504.00$ Respirator, N95 Ea. 13.00$ Encapsulant, Antifungicidal Gal 99.00$ Respirator, P100 Ea. 13.00$ Encapsulant, Antimicrobial (Zinsser) Gal 91.00$ Respirator, HEPA + Particulate Replacement Filter Ea. 44.00$ Encapsulant, Soot Gal 53.00$ Respirator, HEPA Replacement Pancake Filter Ea. 10.00$ Fasteners, Misc / Lock & Hasp Ea. 36.00$
Floor Dry (40#) Bag 19.00$
Lock Box Ea. 55.00$
Soda, Soda Blaster Material Bag 43.00$
Zipper (containment) Ea. 14.00$
ITEMIZED SCHEDULED CONSUMABLES 3
The rates contained in this exhibit are exclusive of federal, state and local sales or use taxes and the costs associated with any applicable federal, state or local approvals, consents, permits, licenses and orders incident to performance of the work.
v1-1
California Rate and Materials (Standard) Page 4 of 4 BELFOR Initial:_________ Customer Initial:_________ 22 30919\000\1669986.1:102622
Exhibit B - Insurance

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

MINIMUM SCOPE OF INSURANCE
Coverage shall be at least as broad as:

1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $2,000,000 per occurrence. If a gen eral aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 05 09 or 25 04 05 09) or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, covering hired, (Code 8) and non-owned autos (Code 9), with limit no less than $1,000,000 per accident for bodily injury and property damage.

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

4. Professional Liability (Errors and Omissions): Insurance appropriate to Contractor’ s profession, with limit no less than $1,000,000 per occurrence or claim, $2,000,000 aggregate.

If Contractor maintains broader coverage and/or higher limits than the minimums shown above, City requires and shall be entitled to the broader coverage and/or higher limits maintained by the contractor.

Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:

Additional Insured Status
City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Contractor including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).

Primary Coverage
For any claims related to this Agreement, Contractor’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by City, its 23 30919\000\1669986.1:102622
officers, officials, employees, or volunteers shall be excess of Contractor’s insurance and shall not contribute with it. This requirement shall a lso apply to any Excess or Umbrella liability policies.

Umbrella or Excess Policy
Contractor may use Umbrella or Excess Policies to provide the liability limits as required in this Agreement. This form of insurance will be acceptable provided that all o f the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non -contributory, additional insured, Self -Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Addition al Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until Contractor’s primary and excess liability policies are exhausted.

Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to City.

Waiver of Subrogation
Contractor hereby grants to City a waiver of any right to subrogation which any insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance.

Contractor agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not City has received a waiver of subrogation endorsement from the insurer.

Self-Insured Retentions
Self-insured retentions must be declared to and approved by City. City may require Contractor to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. The CGL and any policies, including Excess liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City. Any and all deductibles and SIRs shall be the sole responsibility of Contractor o r subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City may deduct from any amounts otherwise due Contractor to fund the SIR/deductible. Policies shall NOT contain any self -insured retention (SIR) provision that limits the satisfaction of the SIR to the Named Insured. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City reserves the right to obtain a copy of any policies and endorsements for verification.

Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to City. 24 30919\000\1669986.1:102622
Claims Made Policies (note – should be applicable only to professional liability, see below) If any of the required policies provide claims-made coverage:

1. The Retroactive Date must be shown and must be before the date of the Agreement or the beginning of Agreement Services.

2. Insurance must be maintained, and evidence of insurance must be provided for at least five (5) years after completion of the Agreement of Services.

3. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the Agreement effective date, Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.

Verification of Coverage
Contractor shall furnish City with original certificates and amendatory endorsements, or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess pol icies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Contractor’s obligation to provide them. City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.

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

Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances. 25 November 29, 2022 Item No. 10g(4)

Honorable Mayor and Members City Council Meeting
of the Marina City Council of December 6, 2022

APPROVAL OF A SIDE LETTER AGREEMENT TO THE

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF

MARINA AND THE MANAGEMENT EMPLOYEES ASSOCIATION OF
MARINA (MMEA) AUTHORIZING AN ADJUSTMENT TO THE 2ND

YEAR COLA INCREASE

REQUEST:

It is recommended that the City Council consider:

1. Adopting Resolution No. 2022- authorizing the City Manager to execute a Side Letter Agreement to the Memorandum of Understanding between the City of Marina and the Management Employees Association of Marina (MMEA); and,

2. Authorizing adjustments to the City’s Salary Schedule and Compensation Plan; and,

3. Authorizing Finance Director to make appropriate accounting and budgetary entries.

BACKGROUND:

On January 19, 2022, the City Council adopted Resolution No. 2022-09 approving a Memorandum of Understanding (MOU) with the Management Employees Association of Marina (MMEA). The MOU included a 2-year agreement spanning July 1, 2021 to June 30, 2023. The agreement called for a 2.5% cost of living adjustment for FY 21/22 and a variable cost of living adjustment for FY 22/23 based upon the April 2022 SF/Oakland CPI but not less than 2% and not more than 3.25%.

The CPI adjustments included in the MMEA MOU were substantially the same as all other bargaining unit MOUs that were negotiated in 2021/2022. Recently, the City Council approved an amendment to the Marina Professional Fire Fighters Association (MPFFA) MOU that increased the second year CPI increase to 4%. This second year CPI of 4% was also approved for the Marina Employees Association in their recent MOU that was adopted.

ANALYSIS:

Staff is proposing a modification to the MMEA MOU that would adjust the second year CPI increase from 3.25% to 4% to be consistent with other bargaining unit MOU provisions for CPI increases. Attached as “EXHIBIT A” is a Side Letter Agreement to the City of Marina and the Management Employees Association of Marina (MMEA) that will authorizing an adjustments to the 2nd year CPI increase to 4%.

The proposed CPI increase for the second year of the MMEA MOU from 3.25% to 4% would be effective the first pay period following City Council approval of the Side Letter Agreement.

FISCAL IMPACT
The fiscal impact of the increased cost to the City from the proposed cost of living increase from

3.25% to 4% is approximately $6,000 annually.

CONCLUSION:

This request is submitted for City Council consideration and approval.

1 Respectfully submitted,

_______________________
Matt Mogensen
Assistant City Manager

____________________________
Layne Long
City Manager
City of Marina

2 RESOLUTION NO. 2022-

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

CITY MANAGER TO EXECUTE A SIDE LETTER AGREEMENT TO THE

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF MARINA AND THE MANAGEMENT EMPLOYEES’ ASSOCIATION OF MARINA (MMEA)

WHEREAS, on January 19, 2022, the City Council adopted Resolution No. 2022-09 approving a Memorandum of Understanding (MOU) with the Management Employees Association of Marina (MMEA); and,

WHEREAS, the MOU included a 2-year agreement spanning July 1, 2021 to June 30, 2023. The agreement called for a 2.5% cost of living adjustment for FY 21/22 and a variable cost of living adjustment for FY 22/23 based upon the April 2022 SF/Oakland CPI but not less than 2% and not more than 3.25%; and,

WHEREAS, the CPI adjustments included in the MMEA MOU were substantially the same as all other bargaining unit MOUs that were negotiated in 2021/2022. Recently, the City Council approved an amendment to the Marina Professional Fire Fighters Association (MPFFA) MOU that increased the second year CPI increase to 4%. This second year CPI of 4% was also approved for the Marina Employees Association in their recent MOU that was adopted; and,

Whereas, the City wishes to enter into a Side Letter Agreement to the City of Marina and the Management Employees Association of Marina (MMEA) that will authorizing an adjustments to the 2nd year CPI increase to 4% (“EXHIBIT A”), and,

WHEREAS, the City of Marina and the Management Employees Association of have met and conferred in good faith and have reached a tentative agreement to approve a new Memorandum of Understanding; and

WHEREAS, all other terms of the Memorandum of Understanding remain unchanged.

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

1. Adopt Resolution No. 2022- authorizing the City Manager to execute a Side Letter Agreement to the Memorandum of Understanding between the City of Marina and the Management Employees Association of Marina (MMEA); and,

2. Authorize adjustments to the City’s Salary Schedule and Compensation Plan, and,

3. Authorize Finance Director to make appropriate accounting and budgetary entries PASSED AND ADOPTED, by the City Council of the City of Marina at a regular meeting duly held on the 6th day of December 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Bruce C. Delgado, Mayor
ATTEST:

___________________________
Anita Sharp, Deputy City Clerk
3 Revised Salary Schedules

Beginning with the first full pay period following ratification of this SLA, all unit classifications shall have their general salary increased by 0.75% to equal a total of 4% for the second-year general salary increase. The new pay rates will be as follows:

Salary Table*
MMEA Step A Step B Step C Step D Step E
Airport Services Manager $49.2302 $51.6919 $54.2763 $56.9902 $59.8397 Assistant Finance Director $59.0283 $61.9796 $65.0785 $68.3325 $71.7491 Chief Building Official $57.4079 $60.2783 $63.2922 $66.4569 $69.7796 Human Resource Analyst $38.8301 $40.7716 $42.8102 $44.9508 $47.1983 Planning Services
Manager $54.7788 $57.5177 $60.3935 $63.4133 $66.5839
Senior Planner $47.8741 $50.2678 $52.7811 $55.4203 $58.1912 Superintendent $49.1318 $51.5883 $54.1677 $56.8762 $59.7199 *Due to potential rounding errors actual published salary schedule may differ slightly

4 10275368.2 MA130-031

SIDE LETTER OF AGREEMENT TO MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF MARINA AND THE
MARINA MID-MANAGEMENT EMPLOYEES’ ASSOCIATION
This Side Letter of Agreement (“SLA”) is entered into by and between the City of Marina (“City”) and the Mid-Management Employees Association of Marina (“MMEA”). It is the purpose of this SLA to supplement the July 1, 2021 – June 30, 2023 Memorandum of Understanding (“MOU”) between the City and the MMEA) as set forth in this SLA. This SLA reflects the results of an agreement negotiated by representatives of the MMEA and that of the administration of the City.

The City and the MMEA hereby Agree to amend Section 2.C of the MOU by adding the following language to the existing section:

CITY OF MARINA
By:________________________________
Date:_______________________________

MMEA REPRESENTATIVE
By:________________________________
Date:_______________________________

EXHIBIT A
5 October 27, 2022 Item No: 10g(5)

Honorable Mayor and Members City Council Meeting
of the Marina City Council of December 6, 2022

CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 20 22-,

APPROVING THE AGREEMENT BETWEEN THE CITY OF MARINA AND

ENVIRONMENTAL INNOVATIONS , TO PROVID E ON-CALL

PROFESSIONAL SERVICES FOR SOLID WASTE MANAGEMENT ,

AUTHORIZING BUDGET ALLOCATION AND APPROPRIATION FROM
THE GENERAL FUND IN THE AMOUNT OF $25,000 FOR FY22 -23,

AUTHORIZING THE CITY MANAGER TO E XECUTE THE A GREEMENT

ON BEHALF OF THE CITY SUBJECT TO FINAL REVIEW AND

APPROVAL BY THE CITY ATTORNEY , AND AUTHORIZING THE

FINANCE DI RECTOR TO MAKE NECESSARY ACCOUN TING AND
BUDGETARY ENTRIES.

REQUEST:

It is requested that City Council consider:

1. Adopting Resolution No. 20 22- , approving the agreement between the C ity of Marina and Environmental Innovations, to provide on-call professional services for solid waste management; and (Exhibit A)

2. Authorizing budget allocation and appropriation from the General Fund in the amount of $25,000 for FY22-23; and

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

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

BACKGROUND:

In October 2014, Governor Edmund Brown Jr. approved Assembly Bill 1826 (AB 1826), requiring businesses to recycle their organic waste on and after April 1, 2016. AB 1826 currently requires businesses and multi -family complexes that generate two or more cub ic yards of solid waste, recycling, and organic waste combined per week to recycle organic waste (compost). To comply with AB 1826, the City has to generate a list of customers with organic waste generation rates and find the customers that mee t the De Minimu s level of AB 1826 to document exemptions. In addition, AB 1826 includes education and outreach, monitoring and reporting, enforcement, and food waste reduction.

In September 20 16, Governor Edmund Brown Jr. approved Senate Bill 1383 (SB 138 3) regulations regarding methane emissions reductions in a statewide effort. This regulation is set to reduce emissions of short-lived climate pollutants (SLCP). The targets of SB 1383 are to:

• Reduce organic waste disposal 75% by 2025.
• Rescue for people to eat at least 20% of currently disposed surplus food by 2025.

1 On January 1, 2022, the SB 13 83 regulations went into effect , and state enforcement began.

CalRecycle requires the jurisdictions to conduct education and outreach on organics recycling to all residents, businesses (including those that generate edible food that can be donated), haulers, solid waste facilities, local food banks, and other food re covery organizations. Also, it requires the City to audit the generator list and exempt customers tha t meet the De Minimis level of SB 1383. This statewide requirement consists of creating exemption forms , finding the exempted generators, keeping track of customers’ solid waste generation, public education outreach, updating and informing residents using social media, and creating a FAQ page on the City ’s website.

ANALYSIS:

Hiring an on-call contractor is a method that allows the City to manage the priorities of the City needs. It also enables the City to deliver and fulfill the statewide requirements for enforcement and reporting related to SB 1383 and AB 1826 at a high level with a cost and time efficient approach by using solid waste management experts.

On August 1, 2022, the City s taff released a n RFQ to hire an on -call contractor for a two -year solid waste management services . Two p roposals were sent to the City , and based on an interview session on September 28, 2022, and the evaluation process, Environmental Innovations was selected as the most qualified firm for mentioned services.

The scope of wo rk for service orders under this on -call agree ment will be based on the requirements of CalRecycle for the City and covers the tasks and requirements needed to conduct the outreach compliance and documentation for CalRecycle.

The total amount of consulta nt work to be requested and performed during each fiscal year term for the consultant cannot be well defined at the outset. However, the consultants will work on an on-call basis as defined by the City on a project -by-project b asis. Accordingly, all work performed under the agreeme nts will be pursuant to individual service orders that will have a specifically defined scope and schedule that will be negotiated on a project-by-project basis.

Staff recommends that the contrac t terms be set to expire on June 30, 2024 with the option to extend for one additional year.

FISCAL IMPACT:

The annual City’s balance for franchise fee collected for solid waste will be $580,000 for FY22-

23. The total progr am costs for the professio nal s ervices contract with Environmental Innovations for on-call solid waste management services is not to exceed $25,000 per year. The annual cost of this project will be allocated and appropriated from the General Fund budget.

CONCLUSION:

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

Respectfully submitted,

__________________________
Saber Messhenas, E.I.T
Assistant Civil Engineer, Department of Public Works
City of Marina

2 REVIEWED/CONCUR:

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

Public Works Director/City Engineer
City of Marina

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

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA

APPROVING THE AGREEMENT BETWEEN THE CITY OF MARINA AND

ENVIRONMENTAL INNOVATIONS, TO PROVIDE ON-CALL PROFESSIONAL

SERVICES FOR SOLID WASTE MANAGEMENT, AUTHORIZING BUDGET

ALLOCATION AND APPROPRIATION FROM THE GENERAL FUND IN THE AMOUNT OF $25,000 FOR FY22-23, AUTHORIZING THE CITY MANAGER TO

EXECUTE THE AGREEMENT ON BEHALF OF THE CITY SUBJECT TO FINAL

REVIEW AND APPROVAL BY THE CITY ATTORNEY, AND AUTHORIZING THE

FINANCE DIRECTOR TO MAKE NECESSARY ACCOUNTING AND
BUDGETARY ENTRIES.

WHEREAS, in October 2014, Governor Edmund Brown Jr. approved Assembly Bill 1826 (AB 1826), requiring businesses to recycle their organic waste on and after April 1, 2016. AB 1826 currently requires businesses and multi -family complexes that generate two or more cubic yards of solid waste, recycling, and organic waste combined per week to recycle organic waste (compost). To comply with AB 1826, the City has to generate a list of customers with organic waste generation rates and find the customers that meet the De Minimus level of AB 1826 to document exemptions. In addition, AB 1826 includes education and outreach, monitoring and reporting, enforcement, and food waste reduction, and;

WHEREAS, in September 2016, Governor Edmund Brown Jr. approved Senate Bill 1383 (SB 1383) regulations regarding methane emissions reductions in a statewide effort. This regulation is set to reduce emissions of short-lived climate pollutants (SLCP). The targets of SB 1383 are to reduce organic waste disposal 75% by 2025 and rescue for people to eat at least 20% of currently disposed surplus food by 2025, and;

WHEREAS, on January 1, 2022, the SB 1383 regulations went into effect, and state enforcement began. CalRecycle requires the jurisdictions to conduct education and outreach on organic s recycling to all residents, businesses (including those that generate edible fo od that can be donated), haulers, solid waste facilities, local food banks, and other food recovery organizations.

Also, it requires the City to audit the generator list and e xempt customers that meet the De Minimis level of SB 1383. This statewide require ment consists of creating exemption forms, finding the exempted generators, keeping track of customers’ solid waste generation, public education outreach, updating and informi ng residents using social media, and creating a FAQ page on the City’s website, and;

WHEREAS, hiring an on-call contractor is a method that allows the City to manage the priorities of the City needs. It also enables the City to deliver and fulfill the statewide requiremen ts for enforcement and reporting related to SB 1383 and AB 1826 at a high level with a cost and time efficient approach by using solid waste management experts, and;

WHEREAS, on August 1, 2022, the City staff released an RFQ to hire an on -call contractor for a two-year solid waste management services. Two proposals were sent to the City, and based on an interview session on September 28, 2022, and the evaluation process, Environmental Innovations was selected as the most qualified firm for mentioned services, and;

WHEREAS, the scope of wo rk for service orders under th is on-call agreement will be based on the requirements of CalRecycle for the City and covers the tasks and requirements needed to conduct the outreach compliance and documentation for CalRecycle, and;

4 Resolution No. 2022
Page Two

WHEREAS, the total amount of consultant w ork to be req uested and performed during each fiscal year term for the consultant cannot be well defined at the outset. However, the consultants will work on an on -call basis as defined by the City on a project -by-project basis. Accordingly, all work perfo rmed under th e agreements will be pursuant to individual service orders that will have a specifically defined scope and schedule that will be negotiated on a project -by-project basis, and;

WHEREAS, staff recommends that the contract terms be set to expire on June 30, 2024 with the option to extend for one additional year, and;

WHEREAS, the annual City’s balance for franchise fee collected for solid waste will be $580,000 for FY22 -23. The total program costs for the professional services contract with Environmental Innovations for on-call solid waste management services is not to exceed $25,000 per year. The annual cost of this project will be appropriated from the General Fund budget, and;

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

1. Approve the agreement between the City of Marina and Environmental Innovations, to provide on-call professional services for solid waste management, and; (Exhibit A)

2. Authorize budget allocation and appropriation from the General Fund in the amount of $25,000 for FY22-23, and;

3. Authorize the City Manag er to execut e the agreement on behalf of the City subject to final review and approval by the City Attorney, and;

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

PASSED AND ADOPTED by the City Council of the City of Marin a at a reg ular meeting duly held on the 6th day of December 2022, by the following vote:

AYES, COUNCIL MEMBERS:

NOES, COUNCIL MEMBERS:

ABSENT, COUNCIL MEMBERS:

ABSTAIN, COUNCIL MEMBERS:

_________________________
Bruce C. Delgado, Mayor
ATTEST:

___________________________
Anita Sharp, Deputy City Clerk
5 1

CITY OF MARINA

AGREEMENT FOR ON-CALL SOLID WASTE MANAGEMENT SERVICES
THIS AGREEMENT is made and entered into on , 2022, by and between the City of Marina, a Califo rnia charter city, hereinafter ref erred to as the "City," and ________________, a California Corporation, hereinafter referred to as the "Contractor." City and Contractor are sometimes individually referred to as "party" and collectively as "part ies" in this Agreement.

Recitals
A. City desires to r etain Contractor for on-call waste management services associated with various City projects described generally by Exhibit A – Contractor shall provide services pertaining to City projects and shall perfo rm standby and support services for City as determined by the City Engineer.

B. Contractor represents and warrants that it has the qualifications, experience and personnel necessary to properly perform the services in accordance with the terms of individual service orders as set forth herein.

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

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

1. Scope of Work.
(a) Contractor is hereby hired and retained by the City to work in a cooperative manner with the City to fully and adequately perform t hose services set forth in Exhibit “A ” attached hereto (“Scop e of Work”) and by this reference made a part hereof. The Contractor shall be available to perform services under this Agreement as needed during the term of the Agreement.

With prior written n otice to Contractor, City may elect t o delete certain tasks o f the Scope of Work at its sole discretion.
(b) All work performed under this Agreement shall be authorized in advance and in writing by a specific Service Order prior to the commencement of s ervices. Each Service Order given by the City shall describe the nature of the specific task or service to be performed by the Contractor, the time limit or estimated number of hours within which such task or service must be completed and the compensation for such task or service. Details shall include a description of the task or service which Contractor shall perform, the geographic limits , if any, the type and scope of task or services to be performed, the format and schedule for deliverables, the sched ule of performance, and the schedule of compensation. Contractor shall not perform any task or service unless authorized by a fully executed Servic e Order. Contractor shall advise the Project Administrator in writing immediately of any anticipated change in any task or service, fee or time schedule, and shall obtain the Project Administrator’s prior written consent to the change prior to making any changes. In no event shall the Project Administrator’s consent be construed to

EXHIBIT A
6 2
relieve the Contractor from i ts duty to render all services or per form all tasks in accordance with applicable law and accepted industry standards.

(c) Contractor shall begin work under the Service Order only after receipt of the Service Order bearing the approval signature of the City Engineer. Each authorized Service Order issued under this Agreement by City shall be incorporated by reference as an integral part of Exhibit A and into the terms and conditions of this Agreement.

(d) The City’s Project Administrator may, without inv alidating this Agreement, order changes in any tasks or service to be performed pursuant to a Service Order by altering, adding to or deducting from the task or services to be performed. All such changes shall be in writing and shall be performed in accor dance with the provisions of this Agr eement. If any such cha nge causes an increase or decrease in the Contractor’s cost of, or the time required for, the performance of any of the tasks or services, the Contractor shall so notify the Project Administrator. If appropriate an equitable adjust ment to the Contractor’s compensation may be made, provided that any adjustment must be pre -approved by the parties in writing; with the City’s approval coming from the Project Administrator.

(e) Contractor shall pe rform all such work with skill and di ligence and pursuant to generally accepted standards of practice in effect at the time of performance. Contractor shall provide corrective services without charge to the City for work which fails to meet these standards and which is reported to Contractor in writing within sixty days of discovery. Should Contractor fail or refuse to perform promptly its obligations under this Agreement, the City may render or undertake the performance thereof and the Contractor shall b e liable for any expenses thereby incurred.

(f) If services under this Agreement are to be performed by a design professional, as that term is defined in California Civil Code §2782.8( c)(1-4), design professional certifies that all design professional services shall be provided by a person or persons duly licensed by the State of California to provide the type of services described in Section 1(a). By delivery of completed work, design professional certifies that the work conforms to the requirements o f this Agreement and all applicable federal, state and local laws, and the professional standard of care in California.

(g) Contractor is responsible for making an independent evaluation and judgment of all relevant conditions affecting performance of th e work, including without limitation site conditions, existin g facilities, seismic, geologic, soils, hydrologic, geographic, climatic conditions, applicable federal, state and local laws and regulations and all other contingencies or considerations.

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

2. Term of Agreement & Commencement of Work.

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(a) Unless otherwise p rovided, the term of thi s Agreement shall begin on the date of its full execution and shall expire on June 30, 2024, unless extended by amendment or terminated earlier as provided herein. The date of full execution is defined as the date wh en all of the following events have occurred:

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

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

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

(iv) This Agreement has been signed on behalf of the City by the person designated to so sign by t he City's Council or by the officer or employee authorized to enter into this Contract and is attested to by the Marina City Clerk.

(b) This Agreement may be extended up to one (1) year upon written agreement of both parties. Contr actor may be re quired to prepare a writ ten schedule for the work to be performed under any Service Order , which schedule shall be approved by the City ’s Project Administrator and made a part of Exhibit A, and to perform the work in accordance with the approved schedule.

3. Compensation.

(a) City liability for compensation to Contractor under this Agreement shall only be to the extent of the present appropriation to fund this Agreement. For services to be provided under this Agreement City shall compensate Contractor in accordance with the provisions of this Section and the hourly rates attached hereto as Exhibit B and incorporated herein by this reference. The total annual compensation under this agreement shall be limited to $25,000 per fiscal year, which runs from July 1 to June 30, and the remainder of the first fiscal year of the Agreement.

(b) The City will pay the Contractor under Service Order s on a time and materials/reimbursable expenses (T &M) basis. The hourly ra te and reimbu rsable schedule in Exhibit B applies to all Service Orders.

(c) This Agreement is for Contractor to perform “on call” services or tasks and as such it is a standby Agreement to assign work to the Contractor from time -to-time as needed and as appropriate. There is no minimum c ompensation for this engagement or for any work assigned pursuant to this On -Call Agreement and no guarantee that any work will be assigned to Contractor during its term.

(d) Invoice(s) in a form at and on a schedule acc eptable to the City shall be submit ted to and be reviewed and verified by the Project Administrator (see Section 5(a)) not more frequently than once during every month and forwarded to the City's Finance Department for payment. City shall notify Contractor of exceptio ns or disputed items a nd their dollar value within fifteen days of receipt. Payment of the undisputed amount of the invoice will typically be made approximately thirty days after the invoice is submitted to the Finance Department.

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(e) Contra ctor will mai ntain clearly identifi able, complete and accurate records with respect to all costs incurred under this Agreement on an industry recognized accounting basis.

Contractor shall make available to the representative of City all such books and records related to this Agreement, and the right to examine, copy and audit the same during regular business hours upon 24 -hour's notice for a period of four years from the date of final payment under this Agreement.

(f) Contractor s hall not receive any com pensation for Extra Work without th e prior written authorization of City. As used herein, "Extra Work" means any work that is determined by the City to be necessary for the proper completion of a Service Order but which is not included within the Service Order and which the parties did not reasonably anticipate would be necessary at the execution of the Service Order.

(f) Expenses not otherwise addressed in the Service Order or the Fee Schedule incurred by Contractor in performi ng services under this A greement shall be reviewed and appr oved i n advance by the Project Administrator (Section 5(a)) and reimbursed to Contractor.

4. Termination or Suspension.

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

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

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

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

5. Project Administrator, Project Manager & Key Personnel.

(a) City designates as its Project Administrator the Public Works Director/City Engineer, Brian McMinn, who shall have the authority to act for the City under this Agreement. The Project Administrator or his/her authorized representative shall represent the City in all matters pertaining to the work to be performed pursuant to this Agreement.

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(b) C ontractor designates ________________, as its Project Manager who shall coordinate all phases of the Project. The Project manager shall be available to City at all reasonable times during the Agreement term as designated in Service Orders.

(c) Co ntractor warra nts that it will continuously furnish the necessary personnel to complete each Service Order on a timely basis as contemplated by this Agreement. Contractor, at the sole discretion of City, shall remove from the task or service any of its personnel assigned to the performance of services upon written request of City. Contractor may be required to represent to City that certain key personnel will perform and coordinate the work under a Service Order. Should o ne or more of such personnel beco me una vailable, Contractor may substitute other personnel of at least equal competence upon written approval of the City Administrator. In the event that City Administrator and Project Manager cannot agree as to the substi tution of key personnel, City shall be entitled to terminate this Agreement for cause.

6. Delegation of Work.

(a) If Contractor utilizes any subcontractors, Contractors, persons, employees or firms having applicable expertise to assist Contractor in performing tasks or services unde r this Agreement, Contractor shall obtain City's prior written approval to such employment.

Contractor's contract with any subcontractor shall contain a provision making the subcontract subject to all provisions of this Agreement. Contractor will be fully responsible and liable for the administration, completion, presentation, and quality of all work performed. City reserves its right to employ other contractors in connection with this Project.

(b) If work hereunder is performed by a design professional, design professional shall be directly involved with performing the work or shall work through his, her or its employees. The design professional's responsibilities under this Agreement shall not b e delegated. The design professional shall be responsibl e to t he City for acts, errors or omissions of his, her or its subcontractors. Negligence of subcontractors or agents retained by the design professional is conclusively deemed to be the negligence of the design profession al if not ade quately corrected by the d esign pr ofessional. Use of the term subcontractor in any other provision of this Agreement shall not be construed to imply authorization for a design professional to use subcontractors for performance of any professional service under this Agreement.

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

7. Skill of Employees . Cont ractor shall ensure that any employee s or agents providin g services und er this Agreement possess the requisite skill, training and experience to properly perform such services.

8. Confidential and Proprietary Information. In the course of performing serv ices under this Agreemen t Contractor may obtain, receive, and r eview co nfidential or proprietary documents, information or materials that are and shall remain the exclusive property of the City.

Should Contractor undertake the work on behalf of other agen cies, entities, firms or persons relating to the matters described in any Service Order , it is expressly agreed by Contractor that any such confidential or proprietary information or materials shall not be provided or disclosed in any manner to any of Cont ractor’s other clients, or to any oth er third party, with out the City’s prior express written consent.

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

10. Conflict of Interest.

(a) Contractor covenants that neither it, nor any officer or principal of its firm has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of the City or which would in any way hinder Co ntractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an offi cer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of the City in the performance o f this Agreement. Contr actor shall r epresent the interes t of t he City in any discussion or negotiation.

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

(c) No off icial or employee of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making accepting or approving this Agreemen t, during the term of hi s or her tenu re or service with C ity and for on e year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof or obtain any present or anticipated material benefit arising there from.

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

12. Non-Discrimination.

(a) The Contractor’s signature affixed herein and dated shal l constitute a certification under penalty of perjury unde r the laws of the State of California that the Contractor has, unless exempt, complied with t he nondiscrimination program requirements of Gov. Code §12990 and 2 CCR § 8103.

(b) During the performa nce of this Agreement, Contractor and its sub-contractors shall not deny the Agreement’s benefits to any person on the basis of race, religious creed, co lor, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gen der ex pression, age, sexual orientation, or military and veteran status, nor shall they unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry , physical disability, mental disability, medical condition, genetic information, marital statu s, sex, gender, gender identity, gender expression, age, sexual orientation, or military and veteran st atus. Contractor and sub-contractors shall insure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination and harassment.

(c) Contractor and sub -contractors shall comply with the provisions of the Fair Employment and Housing Act ( Gov. Code §12990 et s eq.), the appl icable regulations promulgated there under (2 CCR §11000 et seq.), the provision s of Gov. Code §§11135-11139.5, and the regulations or standards adopted by CITY to implement such artic le. The applicable regulations of the Fair Employment and Housing Commission implementing Gov. Code §12990 (a-f), set forth 2 CCR §§8100 -8504, are incorporated into this Agreement by reference and made a part hereof as if set forth in full.

(d) Contractor shall permit access by representati ves of the Department of Fa ir Employment and Housing and the City upon reasonable notice at any time d uring the no rmal business hours, but in no case less than twenty -four (24) hours’ notice, to such of its books, records, accounts, and all other sources o f information and its facilities as said Department or City shall require to ascertain compliance with this clause.

(e Contractor and its sub -contractors shall give written notice of their obligations under this claus e to labor organizations with which t hey have a collective bargaining or other Agreement.

(f) Contractor shall include the nondiscrimination and c ompliance provisio ns of this Section in all subcontracts.

13. Indemnification & Hold Harmless.

(a) Other than in the performance of professional services by a design professional, which shall be solely as addressed by subsection (b) below, and to the f ull e xtent permitted by law, Contractor shall indemnify, immediately defend (with independent counsel reasonably acceptable to the City) and hol d harmless the City, its Council, boards, commissions, employees, officials and agents ( collectively "Indemnified Parties" or in the singular "Indemnified Party") from and against any claims, losses, damages, penalties, fines and judgments, associated investigation and

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administrative expenses, and defense costs including but not limited to reasonable attorney’s fees, court costs, exper t witness fees and costs of alternate dispute resolution (collectively "Liabilities“), where sam e aris e out of the performa nce of this Agreement by Con tractor, its officers, employees, agents and sub -contractors. The duty to defend is a sep arate and disti nct obligation from the Contractor’s duty to indemnify and Contractor shall be obligate d to defend in all legal, equitable, administrative or spe cial pr oceedings upon tender to the Contractor of any claim in any form or at any stage of an action or proceeding, whether or not liability is established and the obligation extends through final j udgment in cluding exhaustion of any a ppeals. The Contractor’s obligation to indemnify applies unless it is finally determined that the liability was caused by the sole active negligence or sole willful misconduct of an indemnified party . If it is finally determined that liability is caused by the comparative ac tive neg ligence or willful misconduct of an Indemnified Party, the Contractor’s indemnification obligation shall be reduced in proportion to the established comparative liability of the indemnified party.

(b) To the fullest extent permitted by law (inc luding without limitation California Civil Code Sections 2782.8), when the services to be p rovided under this A greement are design professional services to be performed by a design professional, as that term is defined by said section 2782.8(c)(2) (“Design Professional”) Design Professional shall indemnify, protect and hold harmless any Indemnified Party for all Liabilities regardless of nature or type that arise out of, pertain to, or relate to the negligence, rec klessness, or willful misconduct of Design Professional, o r such acts or omissions of an officer, employee, agent or subcontractor of the Design Professional. Design Professional shall not have an immediate duty to defend an Indemnified Par ty, howeve r, Design Professional’s ob ligation to indemnify (including reimbursing the cost to defend) and hold the Indemnified Parties harmless applies un less it is finally determined that the liability was caused by the sole active negligence or sole will ful misconduct of an Indemnified Party. If it is finally determined that liability was caused by the comparative active negligence or willful miscon duct of an Indemnifi ed Party the Design Professional’s indemnification obligation shall be reduced in propo rtion to t he est ablished comparative liability. Within 30 days following Design Professional ’s receipt of a properly presented written invoice Design Profession shall reimburse the Indemnified Party for the cost of reasonable attorney’s fees and defense costs incurred by the Indemnified Party to the same extent of Design Professional’s indemnity obligation herein . In no event shall the cost to defend charged to the Design Professional exceed the Design Professional’s proportionate percentage of fault.

(c) The provisions of this Section are not limited by the provisions of sections relating to insurance including provisions of any worker's compensati on ac t or similar ac t. Contractor expressly waives its statutory immunity under such statues or laws as to City, its employees and officials. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in t his section from eac h and every subcontractor, sub tier contractor or any other person or entity involved b y, for, wi th or on behalf of Contract or in the performance or subject matt er of this Agreement. In the event Contractor fails to obtain such indemni ty obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.

(d) If any action or proceeding is brought against any Indemnified Par ty by reason of any of the matters ag ainst which the Contr actor has agreed to provide an immediate defense to an y Indemnified Party, as provided abov e, Co ntractor, upon notice from the City, shall defend the Indemnified Party at Contractor's expense by independent counsel reasonably acceptable to the City. Unless otherwise provided above, an Indemnified Party need not have first paid for any of

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the matters to which it is entitled to indemnification in order to be so defended. If it is finally adjudicated that liability for which Contractor has provided an immediate defense was caused by the sole active negligence or sole willful misconduct of an Indemnified Party, Contractor may submit a claim to the City for reimbursement of reasonable attorney’s fees and defense costs.

(e) This obligation to indemnify and defe nd, as s et forth herein, is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this Agreement or this Section.

14. Insurance.

(a) As a condition preced ent to the effectiveness of this Agre ement and without lim iting Contractor's indemnification of the City, Contractor agrees to obtain and maintain in full force and effect at its own expense the insurance policies set forth in Exhibit “C” “Insurance” attac hed hereto and made a part hereof and as may be required f or any Service Order. Contractor shall furnish the City with original certificates of insu rance, manually autographed in ink by a person authorized by that insurer to bind coverage on its behalf, a long with copies of all required endorsements. All certif icates a nd endor sements must be received and approved by the City before any work commences . Al l insurance pol icies shall be subject to approval by the City Attorney and Risk Manager as to form and content. Specifically, such insurance shall: (1) protect City as an additional insured for commercial general and business auto liability; (2) prov ide City at least th irty days written notice of cancellation, material reduction in coverage or reduction i n limits and ten days written notice for non-payment of premium; and (3) be primary with respect to City's insurance program. Contractor's insurance is not expected to respond to claims that may arise from the acts or omissions of the City.

(b) City rese rves the r ight at any time during the term of this Agreeme nt to change the amounts and types of insurance required for any Service Order issued as pr ovided herein by giving Contractor ten days advance written notice of such change.

(c) All required insura nce must b e submitted and approved th e City Attorney and R isk Manager prior to the inception of any operations by Contractor.

(d) The required cover age a nd limits are s ubject to availability on the open market at reasonable cost as determined by the City. Non-availability or non affordabili ty must be documented by a le tter fro m Contractor's insurance broker or agency indicating a good faith effort to place the required insurance and showing as a minimum the names of the insurance carriers and the declinations or quotations received from each. Within the foregoing constraints, Contractor's failure to procure or maintain required insurance during the e ntire term of this Agreement shall constitute a material breach of this Agreement under which City may immediately su spend or terminate this Agr eement or, at its dis cretion, procure or renew such insurance to protect City's interests and pay any and all pr emium in connection therewith and recover all monies so paid from Contractor.

(e) By signing this Agreemen t, Contrac tor he reby certifies that i t is aware of the provisions of Section 3700 et seq., of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provision of that Code, and that it will comply with such provisions at all such times as they may apply during the performance of the work pursuant to thi s Contract. Unless otherwise agreed, a waiver of subrogation in favor of the City is required.

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

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

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

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

19. Dispute Resolution. If any dispute arises between the parties as to proper interpretation or application of this Agreement, the parties shall first meet and confer in a good faith attempt to resolve the matter between themselves. If the di spute is not resolved by meeting and conferring, the matter shall be submitted for formal mediation to a mediato r selected mutually by the parties.

The expenses of such mediation shall be shared equally between the par ties. If the dispute is not or cannot be resolved by mediation, the parties may mutually agree (but only as to those issues of the matter not resolv ed by mediation) to submit their dispute to arbitration. Before commencement of the arbitration, the parti es may ele ct to have the arbitration proceed on an informal basis; however, if the parties are unable so to agree, then the arbitration shall be conducted in accordance with the rules of the American Arbitration Association. The decision of the arbitrator shall be b inding, unless within thirt y days after issuance of the arbitrator’s written decision, any party files an action in court. Venue and juris diction for any such action between the parties shall lie in the Superior Court for the County of Monterey.

20. Compliance with Laws.

(a) E ach party's performan ce hereunder sha ll comply with all applicable laws of the United States of America, the Sta te of California and the City including but not limited to laws regarding health and safety, labor and empl oyment, wage and hours and licensing laws which affect employees. This Agreement shall be governed by, enforced and interpreted under the laws of th e Sta te of Californi a. Contractor shall comply with new, amended or revised laws, regulations or procedures that apply to the performance of th is Agreement., those dealing with prevailing wages, apprentices, certified payrolls and hours of work.

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

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

(d) This Agreement is not intended and shall not be util ized for a public work as that term is used in California Labor Code Section 1720 et seq.

21. Assignment or Transfer . This Agreement or any i nterest herein may not be assigned, hypothecated or transferred, either directly or by operation of law, witho ut the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acqui re no right or interest by reason of such att empted assignment, hypothecation or transfer.

22. Notices. All notices required or permitted to be g iven under this Agree ment shall be in writing and s hall be personally delivered, sent by facsimile ("fax") or certified mail, postage prepaid with return receipt requested, addressed as follows:

To City: City Manager
City of Marina City Hall
211 Hillcrest Avenue
Marina, California 93933
Fax: (831) 384-9148

To Contractor: __________________
__________________
__________________
__________________

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

23. Amendments, Changes or Modifica tions. This Agreement and any Service Order are not subject to amendment , change or mod ification except by a writing signed by the authorized representatives of City and Contractor.

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

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25. Attorney's Fees . In the event of any controversy, claim or dispute rela ting to this Agreement, any Service Order, or the breach thereof, the pre vailing party s hall be entitled to recover from the losing party reasonable expenses, attorney's fees and costs.

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

27. Authority to Enter Agreement . Contractor ha s all req uisite powe r and au thority to conduct its business and to execute, deliver and perform the Agreement and any Service Order .

Each party warrants that the individuals who have signed this Agreement and shall sign Serv ice Orders have the legal power, right and authority to make this Agreement and bind each respective party.

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

29. Severability. Should any portion of this Agreement or any Service Order be determined to be void or unenforceable, such shall be sever ed from the whole and the Agreement wi ll continue as modified.

30. Construction, References, Captions. Since the parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be c onstrued simply, according to its fair meaning, and not strictly fo r or against any party. Any term referencing time, days o r period for performance shall be deemed cale ndar days and not workdays. The captions of the various sections are for convenience and ease of ref erence only, and do not define, limit, augment or describe the scope, content or intent of this Agreement.

31. Advice of Counsel. The parties agree that t hey are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and that the decision of whether or not to seek the advice of counsel wit h respect to this Agreement is a decision which is the sole responsibility of each of the parties hereto. Thi s Agreement shall not be co nstrued in favor or against either party by re ason of the ext ent to which each party participated in the drafting of this Agreement.

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

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

34. Entire Agreement . This Agreement together with the Service Orders to be issued hereunder contains the entire agreement of the parties with respect to the matter s as se t forth i n this Agreement, and no other agreement, statement or promise made by or to any party or by or to any employee, officer or agent of any party, which is not contained in this Agreement shall be binding or valid. . The exhibits attached her eto and the Service Orders to be attached as part of Exhibit A are incorporated into this Agreement. In the event of a conflict between the terms of this Agreement and any exhibit of Service Order, the terms of this Agreement shall control.

EXHIBIT A
17 13
IN WITNESS W HEREOF, Contractor an d the City by their duly authorized representatives, have executed this Agreement, on the date first set forth above, at Mari na, California.

CITY OF MARINA CONTRACTOR

By: ________________________ By: _________________________ Name: Layne P. Long Name:

Its: City Manager Its: ___________________ Date: ________________________ Date: ___________________

Attest:

Per Resolution 2022 - ____

By: ________________________
Anita Shepherd-Sharp
Deputy City Clerk

Approved as to form:

By:

City Attorney

EXHIBIT A
18 EXHIBIT A

GENERAL DESCRIPTION OF SERVICES

[Individual Service Orders to be attached as executed and are incorporated herei n and made a part of this Agreement.]

EXHIBIT A
19 2
SB 1826 / SB 1383 Compliance

Project Tasks and Estimated Costs

Collection & Processing Hours Rate Cost
Work with hauler to ensure residential and commercial generators have an organic waste collection bin.
● Call regulated entities which are refusing service
● Send letter to regulated entities on City letterhead about service requirements
● If no response, issue violation and automatically enroll for collection service
50 $110/hr $5,500
Issue limited waivers for de minimus volumes and physical space constraints and maintain records.
● Create online form for waiver request, if needed
● Evaluate waiver requests on case-by-case basis and grant waiver when criteria have been met
● Track waivers for reporting purposes
100 $110/hr $11,000
Collection & Processing Total: $16,500
Edible Food Recovery & Capacity Planning Hours Rate Cost Annually provide Tier One edible food generators with
information about food recovery programs, generator
requirements, and food recovery organizations
5 $95/hr $475
Edible Food Recovery & Capacity Planning Total: $475

EXHIBIT A
20 3
SB 1826 / SB 1383 Compliance

Education & Outreach Hours Rate Cost
● Visit Tier2 generators, such as restaurants, and provide staff with written information in both English & Spanish about proper recycling.
● Verify whether staff is recycling properly by inspecting waste bins and speak with staff in English or Spanish about proper recycling.
50 $95/hr $5,225
Provide self‐haulers with information regarding their
requirements. 5 $95/hr $475
Education & Outreach Total: $5,700
Recordkeeping Hours Rate Cost
Maintain all implementation records in a central location (physical or electronic) that can be made available to or accessed by CalRecycle within one business day.
50 $110/hr $5,500
Recordkeeping & Reporting Total: $5,500
Total: $28,175

EXHIBIT A
21 EXHIBIT B

HOURLY RATE AND REIMBURSABLE SCHEDULE

EXHIBIT A
22 Fee Schedule
Rates: It is expected that this project will be completed by the Senior Scientist, a Marketing and Outreach Professional and a Field Outreach Professional. However, if speed or budget requires, a Student Intern could be utilized for certain aspects.

Labor Rate Sheet
Staff Position Hourly Rate
Senior Scientist, Compliance
Professional
110
Marketing and Outreach
Professional
110
Staff Scientist (Field Outreach) 95
Student Intern 30
Mileage Going federal rate of $0.625/mile
Printing $0.50 per piece with 500 quantity
print ($250 total). At Cost without
markups from Community
Printers.

EI has compiled detailed budgets for similar sized clients for similar work. EI would look forward to the opportunity to put together a specific cost estimate based on the specific work requested. The instructions for this SOQ above were to omit this piece of information.

EXHIBIT A
23 C-1

Exhibit C - Insurance

Contractor agrees to pro vide insurance in accordance with the requireme nts set forth herein. If Contractor uses existing coverage to co mply with these requirements and that coverage does not meet the requirem ents set forth herein, Contractor agrees to amend, supplement or endors e the existing coverage to do so. Contractor s hall furnish the City with original certificates of insurance, manually autographed in ink by a per son authorized by that insurer to bind coverage on its behalf. All certificates and endorsements must be received and approved by the City before any work c ommences. The City reserves its right to require complete, certi fied copies of all required insurance policies at any time. The followin g coverage will be provided by Contractor and maintained on behalf of the City and in accordance with the requirements set forth herein.

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

Contractual liability coverage is a required inclusion in this insurance.

Primary insurance shall be provided on ISO-CGL form No. CG 00 01 11 85 or 88 or on an ISO or ACORD form providing coverage at least as broad as ISO form CG 00 01 10 01 and approved in advance by the City Attorney and R isk Manager. Total limits shall be no less than one milli on dollars ($1, 000,000) combined single limit per occurrence for all co verages. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Project or th e general aggre gate limit shall be two million dollars ($2,000,000). C ontractor must give written notice to the City of any pending claim, action or lawsuit which has or may diminish the aggregate. If any such claim or lawsuit exists, Contractor shall be required, prior to commencing work under this Agreement, to restore the impaired aggregate or prove it has replacemen t insurance protection to the satisfaction of the City Attorney and Risk Manager.

City, its Council, boards and commissions, officers, em ployees, agents and volunteers shall be added as additional insureds us ing ISO additional insured endorsement form CG 20 10 11 85 or forms CG 20 10 10 01 and CG 20 37 10 01. Coverage shall apply on a primary, non-contributing basis in relation to any othe r insurance or self-insurance, primary or excess, available to the City or any agent of City. Coverage is not expected to respond to the claims which may arise from the acts or omiss ions of the Cit y. C overage shall not be limited to the vicarious liabili ty or supervisory role of any additional insured. Coverage shall conta in no contractors' limitation endorsement. There shall be no endorsement or modification limiting the scope of coverage for liability ari sing fro m p ollution, explosion, collapse, under ground property damage or employment-related practices.

Umbrella Liability Insurance. Umbrella liability insurance (over primary) shall apply to bodily injury/property damage, p ersonal injury/ advertising injury, contractual liability and completed operations at a m inimum, and shall be in an amount of not less than two m ission dollars ($2,000,000), and include a “dro p down” provision providing primary coverage above a maximum $25, 000.00 self -insured retention for liability not covered by primary polici es but covered by the umbrella policy. Coverage shall be following form to any underlying coverage.

EXHIBIT A
24 C-2

Coverage shall be provided on a “pay on behalf” basis, with defense costs pa yable in addition to policy limits . There shall be no cross liability ex clusion and no contractor's limitation endorsement. Policies limits sh all be not less than one million dollars ($1,00 0,000) per occurrence and in the aggregate, above any limits requ ired in the und erlying policies shall have starting and ending dates concurrent with the underlying coverage.

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

If automobile insurance is required fo r wor k under th is Ag reement, prima ry coverage shall be written on ISO Business Auto Coverage form CA 00 01 06 92 including symbol 1 (Any Auto) o r on an ISO or ACORD form providing coverage at least as broad as CA 00 01 10 01 approved by the City Attorney a nd Ri sk Manager . Co verage shall b e e ndorsed to stated that the City, its Council, boards and commissions, officers, employees, agents and volun teers shall be added as additional insureds wit h respect to the ownership, operation, maintenance, use, loading or unloading of any auto o wned, le ased, hired or borrowed by the Contract or or for which the Contractor is responsible. Limits shall be no less than one million dollars ($1,000,000) combined single limit per accident for bodily injury and property damage. Starting and ending dates shall be concurrent. If Contractor owns no a utos, a non -owned auto endorsement to the commercial general liability policy described above is acceptable.

Workers’ Compensation/Employers’ Liability. Workers' Compensation and Em ployer's Liability insurance are not required for single-person contractors. However, under California law these coverages (or a copy of the St ate's Consent to Self -Insure) must be provided if Contractor has any employees at any time during the period of this Agreement. Policy(s) shall be written on a policy form providing wo rkers’ compensa tion statutory benefits as required by law.

Employers’ liability limits shall be no less than one mill ion dollars ($1,000,000) per accident or disease and shall be sch eduled under an y umb rella policy d escribed above. Unless otherwise agreed, policy(s) sh all be endorsed to waive any right of subrogation as res pects the City, its Council, boards and commissions, officers, employees, agents and volunteers.

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

Errors and Omissions/Professional Liability. Errors and Omissions or p rofessional lia bility coverage app ropriate to Contractor's profession, in a form and amo unt approved by the City Attorney and Risk Manager, will be specified on a Service Order-specific basis if Contractor is working as a licensed professional. Contractor shall maintain such insurance for a period of five years following completion of work or services. Such insurance shall be in an amount of not less than one million dollars ($1,000,000) per claim and in annual aggregate. Contractor shall maintain such i nsurance in pla ce for a pe riod of five years following completion of work or services provided under this Agreement. Such continuation coverage may be provided by one of the following: (1) r enewal of the existing policy; (2) an extended reporting period e ndorsement; or (3) replacement insurance with a retroactive date no later than commencement of the work or services under this Agreement.

EXHIBIT A
25 C-3

Contractor and City further agree as follows:

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

b) Nothing contained in this Exhibit is to be construed as affectin g or altering the legal status of the parties to this Agreement. The insurance requirements set fo rth in this Exhibit are intended to be separate and di stinct from any other provision in this Agreement and sh all be interpreted as such.

c) All insurance coverage and limits provided pursuant to this Agreement shall app ly to the full extent of t he polic ies involved, available or applicable. Nothing contai ned in this Agreement or any other agreement relating to the City or its operations limits the applicat ion of such insurance coverage.

d) Requirements of specific cov erage features or limits contained in this Exhibit are not intended as a limitation on c overage, limits or other requirements, or a waiver of an y coverage normally provided by any insurance. Specific reference to a given coverage feature is for purposes o f cla rification only and i s not in tended by any party to be all inclusive , or to the exclusion of other coverage, or a waiver of any type.

e) For purposes of insurance coverage only, this A greement will be deemed to have been executed immediately upon an y par ty hereto taking any steps th at can be deemed to be in furtherance of or toward performance of this Agreement.

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

g) Unless otherwise approved by City, Contractor’s insurance shall be written by insurers authorized and admitted to do business in the State of California with a minimum “Best’s” Insurance Guide Rating of “A:VII.” Self -insurance will not be considered to comply with these insurance specifications.

h) In th e event any policy of insurance required under this Agreem ent does not co mply with these requirements or is canceled and not repl aced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by Cit y wil l be promp tly reimbursed by Contractor.

i) Contractor agrees to pr ovide evidence of the insurance required herein, satisfactory to City Attorney and Risk Manager, consisting of certifi cate(s) of insurance evidencing all of the coverages required and an additional endorsement to Contractor’s general liability and umbrella liability policies using ISO form CG 20 10 11 85. Certificate(s) are t o reflect that the insurer will provide at leas t thirty days written notice of cancellation, material reduction in co verage or reduction in limits and ten days written notice for non-payment of premium. Contractor agrees to require its insurer to modify s uch certificates to delete any exculpatory word ing stating that failure of the insurer to mail written notice of cancellation imposes no o bligation, and to delete

EXHIBIT A
26 C-4

the word “endeavor” with regard to any notice provisions. Contractor agrees to provide complete copies of policies to City within ten days of City's request for said copies.

j) Contractor shall provide proof that poli cies of ins urance r equired herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.

k) Any actual or alleged failure on the part of the City or any other a dditional insured under these requirements to obtain pro of of insurance required under this Agreement i n no way waives any right or remedy of City or any additional insured, in this or any other regard.

l) Contractor agrees to require all subcontractors or other parties hired for this Project to provide worke rs' compensation insurance as required herein a nd general liability insurance naming as additional insureds all parties to this Agreement. Contractor agrees to obtain certificates evidencing such coverage and make reasonable efforts to ensure that such co verage is provided as required here. Contracto r agrees to require that no contract used by any subcontractor, o r con tracts Con tractor ent ers into on behalf of City, will reserve the ri ght to charge b ack to City the cost of insurance required by this Agree ment. Contractor agrees that upon request, all agreements with subcontractors or others with whom Contractor co ntracts with on behalf of City, wi ll be submitted to City for review. Co ntractor acknow ledges that such contracts or agreements may require modification if the insurance requirements do not reflect the requirements herein. Failure of City to request copie s of such agreements will not impo se any liability on City, its Council, boards and commissions, officers, employees, agents and volunteers.

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

n) C ontractor agrees to provide immediate notice to City of any claim or loss against Contractor that includes City as a defendant. City assu mes no o bligation or liability by such notice, but has the right (but not the duty) to monitor the handling of any suc h claim or claims if they are likely to involve the City.

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

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

r) Contractor ag rees to ensure that coverage provided t o meet these re quirements is applicable separately to each insured and that there will be no cross liability exclusion s that preclude coverage for suits between Contractor and City or between City and any other insured or Named Insured under the policy, or between City a nd any party associated with City or its employees.

EXHIBIT A
27 C-5

s) Contractor shall maintain commercial general liability, and if necessary, commercial umbrella liability insura nce, with a lim it of not less than two million dollars ($ 2,000,000) each occurrence for at least three years following substantial completion of the work.

u) City reserves the right to modif y the insurance requirements set forth herein in accordance with the terms of any specific Service Order issued as provided by the Agreement.

EXHIBIT A
28 November 22, 2022 Item No:10j(1)

Honorable Mayor and Members City Council Meeting
of the Marina City Council of December 6, 2022

CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2022-,
RECEIVING AND FILING THE FISCAL YEAR 2021-2022 ANNUAL

REPORT ON THE COLLECTION AND USE OF MITIGATION FEES
FOR NEW DEVELOPMENT IMPACTS.

REQUEST:

It is requested that City Council consider:

1. Adopting Resolution No. 2022-, receiving and filing the fiscal year 2021-2022 annual report on the collection and use of mitigation fees for new development impacts.

BACKGROUND:

AB 1600 (Statutes of 1998, Mitigation Fee Act), codified as Section 66000 et seq. of the California Government Code, regulates how public agencies collect, maintain, and spend development impact fee s impos ed on d evelopers for the purpose of defraying costs of public facilities. It includes requirements for accounting, spending, and reporting the fees and related interest earnings.

The City's Public Building Facilities Impact Fee, Public Safety Facil ities I mpact F ee, Transportation (Roadway and Intersections) Facilities Impact Fee, and Parks Facilities Impact Fee collected by the City have been identified as fees subject to Government Code 66000 (AB 1600) requirements, and each had a balance remaining at the end of the most recently ended fiscal year. These fees are accounted for in separate funds, and each fund earns and accumulates interest. Expenditures from these funds have been used for the purposes for which the fees were collected.

ANALYSIS:

Attached is t he FY 2021-22 report required under Government Code Section 66006(b)(1) (EXHIBIT A) . The report summarizes revenue and expenditures for the funds, and includes beginning and ending balances, as required. The purpose and use of the expenditures a nd transfers m ade during the fiscal year have been identified. Since the fees are imposed on development projects that impact the facility requirements of the community, the use of these fees to fund the construction of system facilities is reasonable.

The law also requires that this report be made available to the public. The requirement for public notification has been met in conjunction with the posting of the agenda and related attachment that is associated with the City Council meeting at which this report will be presented.

FISCAL IMPACT:

No direct fiscal impact results from receiving and filing this report of activity within the impact mitigation fee accounts. The 2016 Impact Fee nexus study established an allowable administrative fee to cover the cost of activities such as preparing the annual report.

1 CONCLUSION:

This report is submitted to City Council for information.

Respectfully submitted,

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

Public Works Director/City Engineer
City of Marina

_____________________________
Juan Lopez
Finance Director
City of Marina

REVIEWED/CONCUR:

_____________________________
Layne P. Long
City Manager
City of Marina

2 RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA
RECEIVING AND FILING THE FISCAL YEAR 2021-2022 ANNUAL REPORT ON THE COLLECTION AND USE OF MITIGATION FEES FOR NEW DEVELOPMENT.

WHEREAS, the City of Marina collects impact fees to mitigate the effects of increased demand for public facilities, transportation infrastructure, and parks, and;

WHEREAS, pursuant to the Mitigation Fee Act (Government Code Section 66000 et seq.), the City is required to annually report certain information regarding the collection of development impact fees, and;

WHEREAS, the Report for Fiscal Year 2021-22, attached as “Exhibit A,” identifies unexpended impact fee programs, and;

WHEREAS, the Report was made available to the public prior to this Council meeting, and;

NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Marina does hereby receive and file the fiscal year 2021-2022 report on the collection and use of mitigation fees for new development.

PASSED AND ADOPTED by the City Council of the City of Marina at a regu lar meeting duly held on the 6th day of December 2022, by the following vote:

AYES, COUNCIL MEMBERS:

NOES, COUNCIL MEMBERS:

ABSENT, COUNCIL MEMBERS:

ABSTAIN, COUNCIL MEMBERS:

_________________________
Bruce C. Delgado, Mayor
ATTEST:

_________________________________
Anita Sharp, Deputy City Clerk
3 EXHIBIT A

Annual Impact Fee Report
For the City of Marina
For Fiscal Year 2021-22

This report contains information on the City of Marina’s development impact fees for Fiscal Year 2021-22. This information is presented to comply with the annual reporting requirements contained in Government Code section 66000 et seq. Please note that this annual report is not a budget document, but rather is compil ed to meet reporting requirements. It i s not intended to represent a full picture of currently planned projects as it only reports project information, revenues and expenditures for Fiscal Year 2021-22.

Government Code Section 66006 requires local agencies to submit annual and five -year reports detailing the status of development impact fees. The annual report must be made available to the public within 180 days after t he last day of the fiscal year and must be presented to the public agency (City Council) no less than 15 days after it is made available to the public.

This report summarizes the following annual reporting information for each of the development impact fee programs:

1. A brief description of the fee program.

2. Schedule of fees.

3. Beginning and ending balances of the fee program.

4. Amount of fees collected, interest earned, and transfers/loans.

5. An identification of each public improvement on which fees were expended and the amount of the expenditures on each improvement, including the total percentage of the cost of the public improvement that was funded with fees.

6. A description of each interfund transfer or loan, the date the loan will be repaid , the rate of interest, and a description of the public improvement on which the transferred or loaned fees will be expended.

7. The estimated date when projects will begin if sufficient revenues are available to construct the project.

8. The amount of refunds made to property owners.

More detailed information on certain elements of the various fee programs is available through other documents such as nexus studies , master plan s, the capital improvement program, and budgets.

4 2

TABLE OF CONTENTS

Citywide Impact Fee Program ......................................................................................... Page

Fee Program Descriptions ...............................................................................................3 Financial Reporting .........................................................................................................4 Project Descriptions .................................................................................................... 5-6 Fee Schedules .............................................................................................................. 7-8 5 3
Impact Fee Program Descriptions

Public Building Facilities Fee

The Public Facilities Fee is imposed to pay for the public building costs for a City Hall, Public Works Yard and a Senior Community Center. Residential and commercial development help pay the City Hall and Public Works Yard. Only residential development pays towards the future Senior Community Center.

Public Safety Facilities Fee

The Public Safety Fee is imposed to pay the public building costs for a new fire station and animal control facility. Residential and commercial development help pay for these facilities.

Transportation Facilities Fee – Roadways and Intersections

New vehicle trip generation by new development impacts the City’s roadways and intersections.

What portion of the development impact not paid by other transportation revenues are paid by transportation impact fees. The City divides these impacts into roadway and intersection impacts and collects fees for these two types of transportation impacts.

Park Facilities Fee

The Park Facilities Fee is imposed to create additional park facilities to maintain the same ratio of park space currently available to the residents of Marina. The fee is limited to residential development.

The City does not typically earmark impact fees for any specific project as the revenues are collected, but rather the revenues are applied toward a series of capital improvement projects as outlined in the nexus studies, such as future parks, transportation infra structure, and other capital facilities.
6 Annual Impact Fee Report
For the City of Marina
For Fiscal Year 2021-22
7 5
Project Descriptions

Glorya Jean Tate Park Site Improvements ($1,300,000 Parks)

Dunes Park Development ($1,000,000 Parks)

Sea Haven Community Park ($400,000 Parks)

Windy Hill Park Playground and Restroom ($250,000 Parks)

Imjin Pkwy & California Ave Intersection Improvements ($300,000 Intersections)

Imjin Pkwy Widening Project ($2,000,000 Roads)

Public Facilities Impact Fee Study Update ($20,000 from each Fee Category, $100,000 total)

8 6

Annual Impact Fee Report
For the City of Marina
For Fiscal Year 2021-22

9 7

10 November 22, 2022 Item No: 10j(2)

Honorable Mayor and Members City Council Meeting
of the Marina City Council of December 6, 2022

CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2022-,
RECEIVING AND FILING THE 2022 INFORMATION REPORT ON THE

ADJUSTMENT OF THE MITIGATION FEES FOR NEW DEVELOPMENT

REQUEST:

It is requested that City Council consider:

1. Adopting Resolution No. 2022-, receiving and filing the 2022 Information Report on the adjustment of mitigation fees for new development.

BACKGROUND:

At the regular meeting of August 7, 2007 , the City Council passe d and adopted Ordinance No. 2007-10, amending Chapter 3.26 of the Marina Municipal Code allowing the mitigation fees for new development to be increased/decrease on January 1 o f each calendar year based on the percentage change in the Construction Cost Index (CCI) estimate approach that is typically used by public agencies as an estimated measure of the costs of construction of public infrastructure.

The added provision states:

Section 3.26.055 Indexing.

“The City Council directs that the fee levels established by Section 3.26.050 shall be reviewed prior to January 1 of each year by the director. The fee levels shall be compared to the Engineering News Record (“ENR”) Constru ction Cost Index.

The fee levels may be changed in accordance with the percentage change in the ENR index from November 1 to November 1 of each preceding year, but in no case shall the indexing percentage increase or decrease in fees allowed by this section exceed that shown in the ENR index. When calculating the fee level to be charged for the coming calendar year, increments of less than one dollar shall be rounded to the nearest dollar. Before January 1 of each year, the director shall prepare an info rmational report to the city council containing the calculations required by this section. If any index adjustments and fee changes are appropriate, the same shall be effective on January 1.”

At the regular City Council meeting of July 19, 2016 , the City Council passe d and adopted Ordinance No. 2016 -04, amending Chapter 3.26 of the Marina Municipal Code updating developer impact mitigation fees which are charged for new development. This update was a major update of all the capital improvement master plans and a major update of impact fees.

ANALYSIS:

Staff has completed the review of the Engineering News Record (“ENR” ) Construction Cost Index Value for November 2021 through November 2022. The November 2021 value was 12647.32 and the value for November 2022 was 13174.98 which is an increas e of 4.17 percent.

The Municipal Code requ ires that this informational report be p rovided to the City Council before January 1 which shows the new fee calculations. These indexed adjustments and fee changes become effective January 1, 2023. The attached (“EXHIBIT A”) shows the current and proposed new Development Public Facilities Impact Fees effective January 1, 20 23. These fees are applied to all new development unless there is a previously approved Deve lopment Agreement.
1 The Dunes (formerly University Villages) Development Agreement The Dunes D evelopment Agreement approved in 2005 established city impact and other development fees and monetary exactions specific for their development. Exhibit D of this agreement states these fees are, “ subject to increase only for escalation in accor dance with the construction cost index, identified in the City’s fee adoption ordinances”.

The development impact fees for the Dunes Developm ent are also being adjusted by the same Construction Cost Index percentage increase calculated above . The attache d (“ EXHIBIT B ”) shows the current impact mitigation fees and the new impact mitigation fees for The Dunes development effective January 1, 2023.

FISCAL IMPACT:

The increased development Public Facilities Impact Fees will result in increased revenues for the various development impact fee fund accounts . These will be used for development of new parks, public facilities, public safety facilities, and transportation system imp rovements to mitigate the demands of an increasing population.

CONCLUSION:

This report is submitted to City Council for information.

Respectfully submitted,

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

Public Works Director/City Engineer
City of Marina

REVIEWED/CONCUR:

_____________________________
Layne P. Long
City Manager
City of Marina

2 RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA
RECEIVING AND FILING THE 2022 INFORMATION REPORT ON THE ADJUSTMENT OF THE MITIGATION FEES FOR NEW DEVELOPMENT.

WHEREAS, on August 7, 2007, the City Co uncil adopted Ordinance No. 2007 -10, increasing the City’s Public Facilities Impact Fees and adding a provision for indexing the fees eac h January 1, and;

WHEREAS, the Engineering News Record (“ENR”) Construction Co st I ndex Value for November 20 21 was 12647.32 and the Value for November 20 22 was 13174.98 which is an increase of 4.17 percent, and;

WHEREAS, the attached “Exhibit A” shows th e new Public Facilities Impac t Fees effective January 1, 2023, and;

WHEREAS, Impact mitigation fees for the Dunes (formerly referred to as “University Villages”) were established per the Development Agreement between the City of Marina and Marina Community Partners, LLC approved on May 31, 2005 by Resolution 2005-135 and executed on July 8, 2005, and;

WHEREAS, the Develo pment Agre ement provides for the adjustment of impact fees per the Construction Cost Index, and;

WHEREAS, the same Engineering News Reco rd (“ENR”) Construction Cost Index i ncrease of

4.17 percent will be applied to the impact mitigation fees for the Dunes, and;

WHEREAS, the attached “Exhibit B” shows the new Dunes Impact Fees effective January 1, 2023, and;

WHEREAS, the indexed Public Fa cilities Impact Fees will result in increased revenues to the City’s Public Facilities Impact Fees Fund.

NOW, THEREFOR E, BE IT R ESOLVED, that the City Council of the City of Marina does hereby receive and file the 20 22 City of Marina Public Facilities Imp act Fees Adjustment Index Report.

PASSED AND ADOPTED by the City Council of th e City of Marina at a regular meeting du ly held on the 6th day of December 2022, by the following vote:

AYES, COUNCIL MEMBERS:

NOES, COUNCIL MEMBERS:

ABSENT, COUNCIL MEMBERS:

ABSTAIN, COUNCIL MEMBERS:

_________________________
Bruce C. Delgado, Mayor
ATTEST:

_________________________________
Anita Sharp, Deputy City Clerk
3 EXHIBIT A
Land Use
(
a) 2022 Public
Buildings Fee
2023 Public
Buildings Fee
(c) 2022 Public
Safety Fee
2023 Public
Safety Fee
(e) 2022
Roadways Fee
2023
Roadways Fee
(g) 2022
Intersections
Fee
2023
Intersections
Fee
(i) 2022 Parks
Fee 2023 Parks Fee
2022 Total Fee
(a+c+e+g+i) 2023 Total Fee
Residential
Single Family Dwelling Units 4,622$ 4,815$ 996$ 1,038$ 8,717$ 9,081$ 2,111$ 2,199$ 10,011$ 10,429$ 26,457$ 27,562$ Senior Homes 3,082$ 3,211$ 662$ 690$ 3,370$ 3,511$ 817$ 851$ 6,675$ 6,953$ 14,606$ 15,216$ Assisted Living - Senior 1,713$ 1,784$ 368$ 383$ 2,418$ 2,519$ 587$ 611$ 3,707$ 3,862$ 8,793$ 9,159$ Multi-Family Dwellings 4,281$ 4,460$ 922$ 960$ 6,088$ 6,342$ 1,477$ 1,539$ 9,269$ 9,656$ 22,037$ 22,957$ Mobile Home Park 4,281$ 4,460$ 922$ 960$ 4,568$ 4,759$ 1,106$ 1,152$ 9,269$ 9,656$ 20,146$ 20,987$ Campground/RV Park 4,281$ 4,460$ 922$ 960$ 2,473$ 2,576$ 600$ 625$ 9,269$ 9,656$ 17,545$ 18,277$ Non-residential
Office/Research 322$ 335$ 604$ 629$ 9,926$ 10,340$ 2,406$ 2,506$ -$ -$ 13,258$ 13,810$ Retail/Service 194$ 202$ 361$ 376$ 16,683$ 17,379$ 4,044$ 4,213$ -$ -$ 21,282$ 22,170$ Industrial 65$ 68$ 120$ 125$ 6,273$ 6,535$ 1,520$ 1,583$ -$ -$ 7,978$ 8,311$ Hotel 87$ 91$ 164$ 171$ 7,353$ 7,660$ 1,782$ 1,856$ -$ -$ 9,386$ 9,778$ Church 65$ 68$ 120$ 125$ 8,198$ 8,540$ 1,986$ 2,069$ -$ -$ 10,369$ 10,802$ Day Care Center 258$ 269$ 484$ 504$ 66,650$ 69,431$ 16,156$ 16,830$ -$ -$ 83,548$ 87,034$ Animal Hospital/Veterinary Clinic 387$ 403$ 724$ 754$ 42,478$ 44,250$ 10,296$ 10,726$ -$ -$ 53,885$ 56,133$ Medical/Dental Office Building 387$ 403$ 724$ 754$ 32,515$ 33,872$ 7,880$ 8,209$ -$ -$ 41,506$ 43,238$ Casino/Video Lottery 387$ 403$ 724$ 754$ 120,863$ 125,906$ 29,294$ 30,516$ -$ -$ * * Casino 387$ 403$ 724$ 754$ 35,484$ 36,964$ 8,601$ 8,960$ -$ -$ * * Notes:

Public Facilities Impact Fee Summary
Indexed for 2023
* Specifically for the Casino uses, the fees for Publ ic Buildings, Public Safety, and Parks are based on the 1,000 square feet of gaming area, while Roadways and Intersection fees are based on 1,000 square feet of building space, excluding hotel uses.
1 Fee in this table refers to "fee per dwelling unit or mobile home park/campground/RV space," "fee per 1,000 square feet of building space (non-residential) or gaming space," and "fee per hotel room." 4 EXHIBIT B
Land Use
(a) 2022 DA
Traffic
Intersections
2023 DA
Traffic
Intersections
(c) 2022 DA
Roadways
2023 DA
Roadways
(e) 2022 DA
Parks 2023 DA Parks
(g) 2022 DA
Facilities
2023 DA
Public
Facilities
(i) 2022 DA
Public Safety
2023 DA
Public Safety
2022 DA Total
Fee
(a+c+e+g+i)
2023 DA Total
Fee
Residential
Single Family Dwelling Units 3,849.28$ 4,009.88$ 5,661.40$ 5,897.60$ 10,847.29$ 11,299.86$ 2,376.71$ 2,475.87$ 988.40$ 1,029.64$ 23,723.08$ 24,712.83$ Town Homes 2,356.81$ 2,455.13$ 3,467.52$ 3,612.18$ 10,043.81$ 10,462.84$ 2,376.71$ 2,475.87$ 988.40$ 1,029.64$ 19,233.23$ 20,035.66$ Senior 1,206.22$ 1,256.54$ 1,774.70$ 1,848.74$ 6,428.04$ 6,696.22$ 2,376.71$ 2,475.87$ 988.40$ 1,029.64$ 12,774.06$ 13,307.00$ Multi-Family Dwellings 2,702.86$ 2,815.62$ 3,976.67$ 4,142.58$ 10,043.81$ 10,462.84$ 2,376.71$ 2,475.87$ 988.40$ 1,029.64$ 20,088.44$ 20,926.55$ Non-residential
Office (per building sq. ft.) 4.08$ 4.25$ 6.00$ 6.25$ -$ -$ 1.85$ 1.92$ 1.58$ 1.65$ 13.51$ 14.07$ Hotels (room) 3,026.76$ 3,153.03$ 4,453.17$ 4,638.96$ -$ -$ 1,980.57$ 2,063.20$ 806.52$ 840.16$ 10,267.01$ 10,695.36$ Commercial/Retail (per building sq. ft.) 16.42$ 17.10$ 24.16$ 25.17$ -$ -$ 1.13$ 1.17$ 0.95$ 0.99$ 42.65$ 44.43$ Industrial (per building sq. ft.) 2.59$ 2.70$ 3.80$ 3.96$ -$ -$ 0.37$ 0.39$ 0.33$ 0.34$ 7.09$ 7.38$ University Villages (the Dunes) Impact Fees Summary Indexed for 2023 5 ORDINANCE NO. 2022-07
AN ORDINANCE AMENDING ARTICLE 1 (SECTIONS 17.04.212, 17.04.213, 17.04.698), ARTICLE 2 (SECTIONS 17.06.020, 17.08.020, 17.12.020, 17.12.030, 17.16.020, 17.18.020,

17.20.020, 17.22.030, 17.22.050), AND ARTICLE 4 (SECTIONS 17.42.135 AND 17.44.030)

OF THE MARINA MUNICIPAL CODE
-oOo-

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

1. In 201 9, Governor Gavin Newsom signed Senate Bill ( SB) 234 into law prohibiting municipalities from restricting the use of home child ca re facilities in residential zones. This legislation is codified in the Health & Safety Code . In 2018, Governor Jerry Brown signed Assembly Bill (AB) 2162 into law requiring that Supportive Housi ng be a use that is permitted by right in zones where multi -family and mixed -use development is permitted. This legislation is codified in Government Code §50675.14. The Implementation Program for the City of Marina’s (“City”) 5th Cycle Housing Element includes policies and programs intended to increase the supply of housing within the City. Program 3.3 addresses Conditional Use Permits (“CUPs”) for multi-family housing development in the R-4 zoning district.

2. An amendment to the City ’s Municipal Code (“MMC” or “Code”) is needed to ensure compliance with State law.

3. Sections 17. 04.212, 17.04.213, 17.06.020, 17.08.020, 17.10.020, 17.12.020,

17.16.020, and 17.42.135 are amended to revise language pertaining to small and large f amily child care homes ; Section 17.44.030 is amended to revise language pertaining to da y care centers; Sections 17.18.020, 17.20.020 and 17.22.030 are amended to allow Supportive Housing as a by -right use in commercial and mixed use zones where multi -family and mixed -use development is permitted ; Section 17.22.050 is amended to eliminate Sup portive Housing as a conditional use in the Planned Commercial (PC) zoning district; Section 17.04.698 is amended to include a reference to the State definition of Supp ortive Housing; and Sections 17. 12.020 and

17.12.030 are amended to revise language pert aining to CUPs for multi -family housing development in the R -4 zoning district. These amendments are hereby made to the Code to read as set forth on the attached Exhibit “A,” and incorporated herein by this reference thereto.

Agenda Item: 10 L(1)
City Council Meeting of
December 6, 2022
1 5. The City of Marina Planning C ommission, at a duly noticed public hearing on October 13, 2022, adopted Resolution 2022 -15 recommending that the City Council amend the municipal code as proposed.

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

7. Severability. If any portion of this Ordinance is found to be unconstitutional or invalid the City Council hereby declares that it would have enacted the remainder of thi s Ordinance regardless of the absence of any such invalid part.

8. Effective Date. This Ordinance shall be in full force and effect on thirty (30) days after its final passage and adoption.

9. Posting of Ordinance . Within fifteen (15) days after the pass age of this Ordinance, the City Clerk shall cause it to be posted in the three (3) public places designated by resolution of the City Council.

The foregoing Ordinance was introduced a t a regular meeting of the City Council of the City of Marina duly held on November 15 , 2022, and was passed and adopted at a regular meeting duly held on December 6, 2022, by the following vote:

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Bruce C. Delgado, Mayor
ATTEST:

______________________
Anita Sharp, Deputy City Clerk

2 Exhibit “A”

Section 17.04.212
Day Child care home, large family.

“Large family day child care home” means a single-family dwelling in which the occupant provides care and supervision of twelve (12) to fourteen (14) children as specified by 22 CCR § 102416.5(d-f), as may be amended. between nine to fourteen children, inclusive, at any time for periods of less than twenty four hours a day in accordance with a state license. Children under the age of ten years who reside in the home count as children served by the day care provider

Section 17.04.213
Day Child care home, small family.

“Small family day child care home” means a dwelling in which the occupant provides care and supervision for four (4) to eight (8) children as specified by 22 CCR 102416.5(b-c), as may be amended. eight or fewer children or six or fewer adults for periods of less than twenty four hours a day in accordance with a state license. Children under the age of ten years who reside in the home count as children served by the day care provider

Section 17.04.698
Supportive housing.

“Supportive housing”, as defined in Section 50675.14 of the California Health and Safety Code, and further defined as housing with no limit on length of stay, that is occupied by the target population, and that is linked to on-site or off-site services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community.

Section 17.06.020
Permitted uses.

Uses permitted in the R-1 districts shall be as follows:

A. One single-family dwelling per lot;
…
D. Large and small family day child care homes pursuant to Section 17.42.135; …
H. Other uses accessory and incidental to residential use pursuant to Section 17.42.040 and those uses accessory and incidental to a residential use located

3 within the R-1/C-P district, including but not limited to: small family day care and foster home care; rooming and boarding of not more than two persons; the keeping of not

more than four dogs and/or cats; and the keeping of domestic chickens pursuant to Section 17.42.160.

Section 17.08.020
Permitted uses.

Uses permitted in the R-2 districts shall be as follows:

A. Single-family dwellings;
…
D. Large and small family day child care homes pursuant to Section 17.42.135; …
H. Other uses accessory and incidental to residential use pursuant to Section 17.08.040, including but not limited to: small family day care and foster home care; rooming and boarding of not more than two persons; the keeping of not more than four dogs and/or cats; and the keeping of domestic chickens pursuant to Section 17.42.160.

Section 17.10.020
Permitted uses.

Uses permitted in the R-3 districts shall be the following:

A. Single-family dwellings;
…
D. Large and small family day child care homes pursuant to Section 17.42.135; …
H. Other uses accessory and incidental to residential use pursuant to Section 17.10.040, including but not limited to: small family day care and foster home care; rooming and boarding of not more than two persons, the keeping of not more than two dogs and/or cats, and on-site property management.

4 Section 17.12.020
Permitted uses.

Uses permitted in the R-4 districts shall be as follows:

A. Single-family dwellings constructed prior to January 1, 2005; B. Multiple dwellings and dwelling groups not exceeding twenty-five units per acre; …
E. Large and small family day child care homes and day care centers pursuant to Section 17.42.135 and day care centers;
…
J. Other uses accessory and incidental to residential use pursuant to Section 17.12.050, including, but not limited to:

1. Small family day care and foster home care,

1.2. Rooming and boarding of not more than two persons,

2.3. On-site property management, and

3.4. The keeping of not more than two cats and/or dogs per unit.

Section 17.12.030
Conditional uses.

Uses permitted, subject to first securing a use permit in each case, in the R-4 districts shall be as follows:

A. Single-room occupancy housing;
…
E. Multiple dwellings and dwelling groups exceeding a density of twenty-five units per acre;
F.E. Condominium and/or planned development projects subject to the provisions of Chapter 17.66;
G.F. Single-family dwellings subject to compliance with the provisions of Section 17.12.190; and
H.G. Large residential care homes or facilities.

5 Section 17.16.020
Permitted uses.

Uses permitted in the C-R districts shall be as follows:

A. Retail stores and shops conducted within a building, including appliance stores, bakeries (retail only), bookstores, florist shops, food stores, and furniture and millinery shops when incidental to the retail sales of such items, radio sales, shoe shops, hardware stores, department stores, drugstores, nursery or horticulture, photography studios, and other uses which are of similar character to those enumerated and which will not be detrimental or obnoxious to the neighborhood in which they are to be located; …
F. Large and small family day child care homes and day care centers pursuant to Section 17.42.135 and day care centers;

Section 17.18.020
Permitted uses.

Uses permitted in the C-1 districts shall be as follows:

A. Retail stores conducted within a building, including appliance stores, bakeries (retail only), bookstores, florist shops, food stores, furniture and millinery shops when incidental to the retail sales of such items, radio sales, restaurants, shoe shops, hardware stores and other uses which are of similar character to those enumerated and which will not be detrimental or obnoxious to the neighborhood in which they are to be located;
B. Professional and medical offices;
C. Personal service establishments conducted within a building, including banks, barbershops, beauty parlors, tailor shops, tanning salons, and other establishments of similar character providing services to individuals as a primary use; D. Studios—art, dance, martial arts, music, etc.; and
E. Fitness and health establishments; and
F. Supportive Housing pursuant to Section 17.04.698.

Section 17.20.020
6 Permitted uses.

Uses permitted in the C-2 districts shall be as follows:

…

B. Auto laundries, auto repair shops, auto sales (except used cars), boarding kennels, bottling works, carpenter shops, dancing academies, lumber yards, pet shops, paint, paperhanging and decorator shops, plumbing shops, service stations (except those requiring a use permit under Section 17.20.030), storage of household goods, tinsmith shops, undertaking establishments, wholesale stores or storage (except those requiring a use permit under Section 17.20.030).

C. Supportive Housing pursuant to Section 17.04.698.

Section 17.22.030
Permitted uses.

Uses permitted in the PC district, subject to first securing a zoning permit in each case, shall be as follows:

…

B. Hotels, clubs, lodges, churches, and public and quasi-public uses and buildings, public utility uses and buildings, service stations, drive-in banks, dancing academies, retail plant nurseries, drive-in restaurants, undertaking establishments, and other uses which are of similar character to those enumerated and which will not be detrimental or obnoxious to the neighborhood in which they are to be located; C. Supportive housing pursuant to Section 17.04.698; and CD. In the Coastal Zone the uses permitted shall be determined by the local coastal land use plan and a coastal development permit shall be required. Such uses shall include but not be limited to visitor-oriented retail and service uses, and accommodations and public access.

Section 17.22.050
Conditional uses.

The following conditional uses may be permitted when found by the planning commission and the city council to be, by reason of sensitive planning and attractive design, consistent with the purposes and objectives of the planned commercial zone; provided, however, that such uses will not be permitted within the Coastal Zone.

7 A. Laboratories, research or development installations, specialized light manufacturing institutions, and administrative or executive offices related to such uses, when of a non- nuisance type;
B. Residential uses, including transitional housing and supportive housing, not exceeding ten percent of total floor area of all uses in the district; C. Cannabis retailer;
D. Cannabis manufacturing, cannabis distribution and cannabis testing labs.

Section 17.42.135
Large and small family day child care homes and day care centers.

A. Large and small family day child care homes and day care centers shall comply with the following standards:

1. Location and Concentration. Large and small family day child care homes and day care centers shall have vehicular access from a public street or a private street improved to city standards. No large or small family day child care home or day care center shall be located within a three-hundred-foot radius of an existing large or small family day child care home or child day care center. This requirement may be waived by the community development director (for large family day care homes) or by the planning commission (for child day care centers) if it can be determined that certain physical conditions exist and if the waiver would not be detrimental to the public peace, health, safety and comfort of the affected neighborhood. Examples of physical conditions that may warrant granting of a waiver include the presence of major nonresidential structures or uses between child care facilities or the presence of an arterial between the facilities.
…

4. Health and Safety. Each large and small family day child care home and day care center shall comply with applicable building and fire codes, as well as with licensing requirements of the state social services department., and Each large family child care home shall receive fire safety clearance from the fire department prior to beginning operations. Consistent with 22 CCR Section 102371(b), as may be amended,, fire clearance shall not be required for small family child care homes. from the fire and building divisions for use of the residential structure as a large family day care home.

B. Large family day care homes shall comply with the following additional standards:

1.5. Conforming Use and Building. The residence must be in compliance with the development standards for the zone, including, but not limited to, minimum building site area, lot coverage, parking, and fencing.

2.6. Occupancy Requirement/Property Owner Authorization. The day large or small child care home shall be the principal residence of the provider. If the provider is not the owner of the principal residence, a letter authorizing the use of the residence and site 8 for large or small family child day care use shall be obtained from the property owner.

3.7. Residential Use. The facility shall be operated in a manner so as not to appear as a commercial operation. No structural changes shall be approved that will alter the character of the building as a residence.

8. Number of Children. The maximum number of children for whom care may be provided at any one time shall be regulated by 12 CCR Section 102416.5, as may be amended.

C. Day care centers shall comply with the following additional standard:

1. Employee parking. Off street parking shall be a minimum of one space per employee on the largest shift, plus one space for each ten children authorized by the state license.

Exceptions to this parking requirement may be approved where the community development director determines that the exception will not result in potentially unsafe conditions for either pedestrians or motorists.

Section 17.44.030
Commercial and mixed commercial and residential use.

Parking requirements for commercial use and residential use approved by use permit as pursuant to Section 17.18.030 or 17.20.030 shall be as follows:

A. Medical and dental offices: one parking space for each three hundred square feet of gross floor area plus one space for each office unit;
…
K. Day care centers: one space for every ten (1) children authorized by the state license. For centers with fifteen (15) or more children, one additional space per employee on the largest shift shall be required. Exceptions to this parking requirement may be approved if the community development director determines the exception will not result in potentially unsafe conditions for either pedestrians or motorists.

K.L. One space per residential unit.

9 ORDINANCE NO. 2022-08
AN ORDINANCE AMENDING ARTICLE 2, TITLE 17, SECTION 17.12.060 OF THE

MARINA MUNICIPAL CODE PERTAINING TO THE HEIGHT LIMIT IN THE RESIDENTIAL MULTI-FAMILY (R-4) ZONING DISTRICT
-oOo-

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

1. The Community Development Department (CDD) , through its regular use and implementation of the Marina Municipal Code (MMC), discovered an error in Section 17.12.060 pertaining to the allowed height limit in the R -4 zoning district. It appears that, at the time of the adoption of the Accessory Dwelling Unit (ADU) Ordinance in 2020 (Ord inance 2020-06), the standard building height limit was inadvertently removed and only a height limit for ADUs was reflected in this Section.

2. An amendment t o the City ’s Municipal Code is needed to provide clarity and transparency in this Section.

3. The previous MMC specified a 42’ and three (3) story height limit for buildings in the R-4 zoning district (Ordinance 2006 -03). This amendment returns this development standard in addition to the existing standard for ADUs as described and referenced herein as Exhibit A.

4. The City of Marina Planning C ommission, at a duly noticed public hearing on October 13, 2022, adopted Resolution 2022-16 recommending that the City C ouncil adopt the proposed amendment.

5. Environmental. In accordance with the California Environmental Quality Act (CEQA), staff finds that this ordinance is not subject to CEQA pursuant to the State CEQA Guidelines, California Code of Regulations, Titl e 14, Chapter 3, Section 15061(b)(3), beca use the proposed ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Therefore, the adoption of this ordinance is exempt from CEQA and no further environmental review is necessary.

6. Severability. If any portion of this Ordinance is found to be unconstitutional or invalid the City Council hereby declares that it would have enacted the remainder of this Ordinance regardless of the absence of any such invalid part.

7. Effective Date. This Ordinance shall be in full force and effect on thirty (30) days after its final passage and adoption.

Agenda Item: 10 L(2)
City Council Meeting of
December 6, 2022
1 6. Posting of Ordinance . Within fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause it to be posted in the three (3) public places designated by resolution of the City Council.

AYES: COUNCIL MEMBERS:

NOES: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

Bruce C. Delgado, Mayor
ATTEST:

______________________
Anita Sharp, Deputy City Clerk

2 Exhibit “A”

Section 17.12.060
Building height.

A. The maximum building height limit in the R-4 district shall be 42 feet and three (3) stories.

B. The maximum building heights for accessory dwelling units shall be governed by the provisions of Section 17.42.040.

3 November 3, 2022 Item No. 11a
Honorable Mayor and Members of the
City Council
City Council Meeting
of December 6, 2022

CITY COUNCIL TO OPEN A PUBLIC HEARING, TAKE TESTIMONY FROM

THE PUBLIC, AND CONSIDER APPROVING OR DENYING 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 JANUARY 3, 2024, FOR THE COMBINED MEDICAL/ADULT CANNABIS DISPENSARY USE AT 3100 DEL MONTE BOULEVARD (APN 032-192-018-000).

RECOMMENDATION:

Staff recommends that the City Council take one the following action:
a) Staff Recommendation (Exhibit A):

Open a Public Hearing, take testimony from the public and adopt a resolution with t he required findings to approve the modifications to r emove the required façade improvements and grant an extension for c ompletion of the site improvements in City Council Resolution 2020 -65 to April 3 , 202 3, as conditioned herein in with additional amendments, for the combined Medical/Adult Cannabis Dispensa ry 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. b) Alternative recommendation (Exhibit B):

Open a Public Hearing, take testim ony from the public and adopt a resolution with the required findings 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 April 3 , 202 3, fo r 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.

BACKGROUND:

On May 14, 2020, the Planning Commission approve d Resolution No. 2020-07 recommending the City Council approve Conditional Use Permit (CUP) 2021-02 for commercial cannabis at 3100 Del Monte Blvd to the City Council.

On June 10, 202 0, the City Council adopted Resolution No. 2020 -65 approving a Cannabis Conditional Use Permit ( CUP) to allow a combined Medical/Adult Cannabis Dispensary Use at 3100 Del Monte Blvd. The applicant, Pacific Roots Marina, LLC (Pacific Roots or 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 condit ions 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 a s conditioned herein.
1 Continued from November 15, 2022

6. Public Improvements – In accordance with Marin a Municipal Code Chapter 15.36, public improvements shall be designed and ins talled 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 li ght poles. The installation of improvements may be deferred by the City Engin eer 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 Community Development Director, final plans shall indicate ei ther 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.

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.

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 the business as Catalyst Cannabis Dispensary (Catalyst).

Pacific Roots was required to enter into a Development/Operating Agreement prior to commencing commercial operations, per MMC Section 5.76.030 and COA #4 in Resolution No. 2020-65. A primary comp onent of th e Agreem ent was the public imp rovements required by MMC 15.36. Due to the fact that the City was still working on right of way dimensions for the DVSP and there fore not prepared to provide Pac ific Root s with required dimensions for the offsite sidewalk, curb, gutter and landscaping requirements, staff agreed to allow Pacific Roots to open business on Jan uary 3, 20 22, pending the finalization of the Development/Operating Agreement and Del Monte right of way designs. Staff and Pacific Roots staff worked consistently from January 2022 to Ju ly on defining the public improvements and the implementation of the imp rovements in the draft Development /Operating Agreement. Pacific Roots then set a course to complete the imp rovements by December 31, 2022 , prior to the one- year renewal of the ir Cannabi s Conditional Use Permit and clearing the wa y for the Development/Operating Agreement to be entered. Unfortunately, Pacific Roots was unable to fund and construct the public imp rovements in that period, which now limits staff’s abi lity to administratively approve the Annual Conditional Use Permit that expires on December 31, 2022.

On September 1, 2022, the appl icant applied to amend COA #1 to remove the façade changes and to request a one-year extension of COAs #6 and #7 until January 3, 2024 . The applicant’s letter lists multiple reasons for the changes as detailed in the analysis below.

On October 13, 2022 , the Planning Commission held a public hearing and made a recommendation to the City Co uncil, because this is the same procedure that the original CUP went through. The Planning Commission made the following recommendation:

The Planning Commission recommen ds to the City Council that it deny modifications to remove the required façade improvements and deny an extension of the site improvements in City Council Resolution 2020-65.

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

The background documents discussed above are attached for reference. 2 PROJECT ANALYSIS:

The applicant is requesting to modify th e Conditions of Approval to remove façade improvements and to request a three (3) month extension of the public improvements due to the financial burdens. The City Council has the a uthority to approve , approve with additional findings and conditions or deny the application with required findings regarding consistency with the General Plan (Policies 2. 37, 2.38 and 2.39) , Zoning (Chapter 17.58 Use Permits) and the Cannabis Ordinance (Section 4 of the 2018 Cannabis Ordinance) and determine consistency with the Conditions of Approval.

General Plan Consistency
The project is consistent with General Plan Polic ies 2.37, 2.38, and 2.39 as listed in the Findings provided in EXHIBIT A, which encourage the City of Marina (City) to provide for the shopping and service needs of residents.

Modification to Condition of Approval (COA) #1
The applicant proposes to modify the plans that are referenced in COA #1 by removing the façade changes on page A4.12 of the plan set . All interior improvements have been completed.

Further, the applicant has removed the legal non-conforming Mortimer’s monument sign and has installed signs for the tenant space. The remaining required improvements are to the exterior and parking areas.

The exterior changes for the tenant space would replace the existing wooden siding finishes with stucco and the woo d shingle roof with Spanish tile. The applicant knew from the beginning that this would result in a different façade then the five neighboring businesses , which are located on the same property and under one (1) ownership . Further, the applicant lists the multiple financial hardship reasons for requesting the removal of the façade changes.

The applicant is willing to “[…] work with the City to properly beautify the property. Such efforts may i nclude landscaping, adding planters, repainting, or any other pr oject that would please the City.” Staff has worked closely with the applicant and ha s included draft COA #30 and #31 to the resolution, to amend the original COA s, to reflect their commitment s to beautify the site. These proposed new conditions are intended to require minor cosmetic improvements to the building including repairs, paint, and planter boxes to the front.

Off-Site Improvements
The applicant has updated their request from one (1) year to a ninety (90) day extension, which would make the completion date on or before April 3, 2023. The extension would be for the off- site improvements along Carmel Avenue and the reasons for the request are outlined in the application materials. The applicant is responsible for off -site improvements on Carmel Aven ue including installing new sidewalk, curb, and gutter . Due to the City’s future Del Monte Boulevard improvement plans, the Public Works Department is not requiring the applicant to complete the improvements on Del Monte Boulevard.

Changes to Parking
The applicant prepared a parking study on January 12, 2021, based on installing sidewalks along both Del Monte Boulevard and Carmel Avenue. As stated above , the applicant is only responsible for the changes to Carmel Avenue. The most recent proposal was submitted to Public Works Engineering in June of 2022 with the sidewalk along Carmel Avenue circled in red to show the proposed improvements at the end of Attachment 4.

The improvements to Carmel Avenue are separate from the Del Monte Boulevard improvements.

The C armel Avenue improvements will result in the removal of twelve (12) existing nonconforming parking spaces , which are in the public right -of-way. These spaces cannot be counted as on-site parking and were not included in the parking study. Future parking reductions with the improvements to Del Monte Boulevard can also be accommodated on -site with the 3 implementation of a shared parking agreement between the Motel and the commercial store fronts. To ensure this will occur, Staff has included Condi tion of Approval (COA) #33 .

Therefore, all the needed parking can be accommodated on-site with an additional five (5) newly created parallel parking spaces in the public right-of-way along Carmel Avenue.

Staff has also prepared an alternative resolution as “EXHIBIT B ” denying the ap plication.

Should the City Council ch oose to deny the application, the Annual Cannabis Conditional User Permit for Pacific Roots will expire on December 31, 2022 and will not be able to be renewed by staff because the business will not be m eeting the Conditions of Approval set for th in City Council Resolution No. 2020-65.

Please note that as of November 3, 2022, City staff has not received any complaints regarding lack of parking at project site at 3100 Del Monte Boulevard.

CORRESPONDENCE
Staff has not received correspondence applicable to this permit as of November 3, 2022.

ENVIRONMENTAL DETERMINATION
The proposed project is exempt from the California Environmental Qu ality Act (CEQA) under Class 1, Section 15301 (Existing Facilities) of the State CEQA Gui delines. 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 would involve negligible or no expansion of use. If the City Council denies the project, then the project would be exempt from environmental review under Statutory Exemptions per Section 15270 (Projects which are Disapproved) of the CEQA Guidelines.

CONCLUSION:

This request is submitted for City Council consideration and action.

Respectfully submitted,
Nicholas McIlroy
Associate Planner
Community Development Department
City of Marina
REVIEWED/CONCUR:

Guido Persicone, AICP
Community Development Director
City of Marina
Layne Long
City Manager
City of Marina
Background Information Attachments:

1. Planning Commission Resolution 2020-07

2. City Council Resolution 2020-65

3. September 1, 2022 , Application Materia ls and
Modified Plan Set

4. October 13, 2022, Planning Commission Minutes

5. January 12, 2021, Traffic Study and June 2022 Site
Improvements

6. Letter from Property Owner

7. Letter from Pacific Roots
4 Exhibit A
RESOLUTION NO. 2022-

A CITY COUNCIL RESOLUTION APPROVING 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 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 Conditional Uce Permit (CUP) to allow a combined Medical/Adult Cannabis Dispensary Use at 3100 Del Monte Blvd . The applicant , Pacific Roots Marina, LLC (Pacific Roots or applicant) has until January 3, 2023, to complete all Condit ions of Approval (COA). To be in compliance with COA #10 Permit Expiration , which gives the applicant , Pacific Roots, LLC (Pacific Roots or Marina) 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 Mun icipal 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 p oles. 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.

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);
WHEREAS, on September 1, 2022, the applicant applied to amend Condition of Approval #1 by removing the façade changes as shown on “Exhibit 1” and to request an extension of Conditions of Approval (COA) #6 and #7 for one additional year until January 3, 2024; 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.

WHEREAS, on November 7, 2022, Pacific Roots Marina updated their request for the extension of the public improvements from one (1) year to three (3) months; 5 Resolution 2022-

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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. 7 Resolution 2022-

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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. 11 30919\000\1676846.2:11822
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PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 6th day of December 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:

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
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NO. C23563
REN. 7/21
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Revision Number:

Revision Date:

Email:

Tel:

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

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.

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:

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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
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 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 6th day of December 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.

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
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WITH
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WD
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W
TOP OF SLAB

TYPICAL

TELEVISIONTV
UCR
TYP
TOS
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TEMPERED
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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
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NO. C23563
REN. 7/21
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ISSUES:

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
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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:

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
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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:

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
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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:

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
E
S
TAT
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AC
F
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NES S
LIE E
C
AN
D
ARC RF
P.

S
E
I AT
ITH
A
ISSUES:

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
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NO. C23563
REN. 7/21
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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
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NO. C23563
REN. 7/21
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Revision Number:

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Email:

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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
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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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Revision Number:

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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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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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Marina City CouncilDecember 6, 2022

Marina City Council
December 6, 2022