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Marina City Council
December 6, 2022

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Agenda
Meeting
December 6, 2022
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Marina City Council
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Text extracted from the city's file for reading and search. Open the original on www.cityofmarina.org. That file is the official record.

October 6, 2022

City of Marina

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

Dear City of Marina,

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

Sincerely,

Jameis Kim
Property Owner
Mortimer’s Center

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

Page 1 of 1 ends

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

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

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

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

Res
pectfully Submitted,
Brandon Gesicki
Pacific Roots Marina, LLC
DocuSign Envelope ID: 0E891687-3DA9-4929-9A3D-02CEE53FC107 70 November 29, 2022 Item No. 13a

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
MARINA DIRECTORS; AND 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 Marina Directors; 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 March 1, 2022, the City Council adopted Resolution No. 2022-33 approving a Memorandum of Understanding (MOU) with the Marina Directors. 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 3.5%.

The CPI adjustments included in the Marina Directors 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 t o 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 Marina Directors 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 Marina Directors that will authorizing an adjustment to the 2nd year CPI increase to 4%.

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

Executive Compensation Changes
Government Code section 54953(c)(3 ) r equires that, before taki ng final a ction, the Board of Directors must orally report a summary of the recommendation regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits of local agency executives. Below in Table 1 is a list of employees who constitute local agency executives in the Marina Directors group.

1 Table 1. Executive Compensation Salary Range

Position Proposed Monthly Broadband Range with 4 %
COLA
Assistant City Manager
Community Development Director
Finance Director
Fire Chief
Police Chief
Recreation Director
Public Works Dir/City Engineer
$11,175 - $19,080

Effective December, all positions listed above and in the attached resolution, will receive a cost-of- living increase equal to a 4% inc rease for the second year of the MOU. This 4 % increase will replace the previously approved 3.5% increase for the second year of the MOU.

Executive Compensation Changes
Government Code section 54953(c)(3) requires that the City provide an oral report in regard to the proposed executive salary and compensation adjustments. This report will be provided during the City Council meeting and will be consistent with Table 1 below.

Executive Compensation Summary
The Marina Directors grou p actual salaries as a result of the above compensation changes are summarized in Table 2 below.

Table 2. Executive Compensation Summary

Salary Table*
Position Monthly Salary
Assistant City Manager $17,293.12
Community Development Dir. $15,411.75
Finance Director $14,034.81
Fire Chief $17,061.18
Police Chief $17,663.36
PW Director/Engineer $15,919.26
*Due to potential rounding errors actual published salary schedule may differ slightly

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

3.5% to 4% is approximately $8,000 annually.

CONCLUSION:

This request is submitted for City Council consideration and approval.

Respectfully submitted,

____________________
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 MARINA DIRECTORS

WHEREAS, on January 19, 2022, the City Council adopted Resolution No. 2022-09 approving a Memorandum of Understanding (MOU) with the Marina Directors; 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 3.5%; and,

WHEREAS, the CPI adjustments included in the Marina Directors 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 Marina Directors that will authorizing an adjustments to the 2nd year CPI increase to 4% (“EXHIBIT A”), and,

WHEREAS, the City of Marina and the Marina Directors have met and conferred in good faith regarding the provisions of the proposed Side Letter Agreement; and

WHEREAS, all other terms of the Memorandum of Understanding remain unchanged; and,

WHEREAS, Government Code section 54953(c)(3) requires that, befo re taking final action, the Board of Directors must orally report a summary of the recommendation regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executives; and,

WHEREAS, on March 1, 2022, t he City Counc il received an oral repor t on the changes to exec utive compensation and approved this comprehensive memorializing the changes.

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 Marina Directors; 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 Exhibit A

Director Salary Broadband Effective 7/4/2022

Table 1. Director’s Monthly Broadband Salary Range

Position Proposed Monthly Broadband Range with 4 %
COLA
Assistant City Manager
Community Development Director
Finance Director
Fire Chief
Police Chief
Recreation Director
Public Works Dir/City Engineer
$11,175 - $19,080

Table 2. 2022/23 Executive Compensation Summary

Salary Table*
Position Monthly Salary
Assistant City Manager $17,293.12
Community Development Dir. $15,411.75
Finance Director $14,034.81
Fire Chief $17,061.18
Police Chief $17,663.36
PW Director/Engineer $15,919.26
*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 DIRECTORS
This Side Letter of Agreement (“SLA”) is entered into by and between the City of Marina (“City”) and the Marina Directors. 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 Marina Directors as set forth in this SLA. This SLA reflects the results of an agreement negotiated by representatives of the Directors and that of the administration of the City.

The City and the Marina Directors hereby Agree to amend Section 1 of the MOU by adding the following language to the existing section:

Beginning with the first full pay period following ratification of this SLA, all unit classifications shall have their general salary increased by 0.5% to equal a total of 4% for the second-year general salary increase. The new pay rates will be as follows:

Salary Table*
Position Monthly Broadband Range
Assistant City Manager
Community Development Director
Finance Director
Fire Chief
Police Chief
Recreation Director
Public Works Dir/City Engineer
$11,175 - $19,080
*Due to potential rounding errors actual published salary schedule may differ slightly IT IS SO AGREED:

CITY OF MARINA
By:________________________________
Date:_______________________________

DIRECTORS REPRESENTATIVE
By:________________________________
Date:_______________________________

DIRECTORS REPRESENTATIVE
By:________________________________
Date:_______________________________

DIRECTORS REPRESENTATIVE

EXHIBIT A
5 10275368.2 MA130-031
By:________________________________
Date:_______________________________

DIRECTORS REPRESENTATIVE
By:________________________________
Date:_______________________________

DIRECTORS REPRESENTATIVE
By:________________________________
Date:_______________________________

DIRECTORS REPRESENTATIVE
By:________________________________
Date:_______________________________

DIRECTORS REPRESENTATIVE
By:________________________________
Date:_______________________________

DIRECTORS REPRESENTATIVE
By:________________________________
Date:_______________________________

EXHIBIT A
6 November 29, 2022 Item No. 13b
Honorable Mayor and Members City Council Meeting
of the Marina City Council of December 6, 2022
CONSIDER APPROVAL OF EMPLOYEE CONTRACT AMENDMENT NO.
2 WITH THE CITY MANAGER
REQUEST:

It is recommended that the City Council consider:

1. Adopting Resolution No. 2022- authorizing execution of Employee Contract Amendment No. 2 with Layne Long, City Manager;

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

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

BACKGROUND:

The City Council has approved cost -of-living adjustments for City of Marina (C ity or Marina) employees for the current fiscal year. On March 1, 2022, the City Council adopted Resolution No. 2022-33 approving a Memorandum of Understanding (MOU) with the Marina Directors. 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 3.5%.

The CPI adjustments included in the Marina Directors MOU are substantially the same adjustments as all other bargaining unit MOUs that were negotiated in 2021/2022. Recently, the City Council also 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 and for other City employees.

ANALYSIS:

The City Council has completed the City Manager’s performance evaluation November 29, 2022.

Per the employment contract with the City Manager, “compensation shall be evaluated by the City Council on an annual basis and will include consideration of both merit and cost-of-living increases provided to Department Directors and non -represented management employees, as well as consideration of the competitive market compensation for city managers in comparable cities.” It is now desired that the City Manager receive the same CPI increase of 4% as was approved for the other City employees. This increase would become effective the first pay period following City Council app roval of Am endment No. 2 to the City Manager’s Employment Agreement. The proposed Amendment No. 2 is attached to the Resolution as Exhibit A.

City Manager Compensation Changes
Government Code section 54953(c)(3) requires that, before taking final action, the City Council must orally report a summary of the recommendation regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive.

The proposed City M anager salary with the 4% CPI increase woul d be $19,98 8 per month or $239,861 annually.
1 FISCAL IMPACT
The fiscal impact of the increased cost to the City from the proposed 4% cost of living increase is approximately $9,000 annually.

CONCLUSION:

This request is submitted for City Council consideration and approval.

Respectfully submitted,

____________________
Heidi Quinn
Interim City Attorney
City of Marina

2 RESOLUTION NO. 2022-

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA AUTHORIZING EXECUTION OF EMPLOYEE CONTRACT AMENDMENT NO. 2 WITH THE CITY MANAGER

WHEREAS, for the current fiscal year 2022/2023 the City Council has approved 4% cost of living adjustments for City of Marina (City) employees; and

WHEREAS, the City Manager’s current employment agreement provides, “compensation shall be evaluated by the City Council on an annual basis and will include consideration of both merit and cost of living increases provided to Department Directors and non-represented management employees, as well as consideration of the competitive market compensation for city managers in comparable cities”; and,

WHEREAS, the City Council desires the City Manager to receive the same 4% cost of living adjustment as has been approved for other City employees; and

WHEREAS, Government Code section 54953(c)(3) requires that, before taking final action, the City Council must orally report a summary of the recommendation regarding the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive; and

WHEREAS, on December 6, 2022, the City Council received an oral report on the changes to executive compensation and approved the changes ; and

WHEREAS, the City Council desires to approve Amendment No. 2 to the City Manager’s employment agreement to reflect the CPI increase.

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

1. Adopt Resolution No. 2022- authorizing the execution of Employee Contract Amendment No. 2 with Layne Long, City Manager, in substantially the same form, which is attached hereto as Exhibit A and incorporated by reference; and

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

3. Authorize the 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 Exhibit A

Amendment No. 2
To Employment Agreement With
Layne Long, City Manager

This Amendment No. 2 (Amendment No. 2) to the City Manager Employment Agreement (Agreement) made and entered into on March 29, 2013, as amended by Amendment No. 1 to the Agreement dated January 2016, is entered into and made between the City of Marina (City), a California charter city, and Layne P. Long (City Manager or Employee), on December __, 2022 upon the following facts and circumstances.

Now, therefore, in consideration of the foregoing, and the mutual promises set forth herein, City and Employee (collectively, the Parties) agree as follows:

A. Provisions of this Amendment No. 2 shall supersede and replace the provisions of the Agreement, as amended by Amendment No. 1.

B. Section 3 (a) of the Agreement shall be revised as set forth below in Amendment No. 2.

3. Compensation

For the services to be performed under this Agreement, City shall pay Employee a salary of nineteen thousand eight hundred eighty-eight dollars and 45 cents per month, or $239,861.46 annually.

C. Except as provided herein, all other terms and conditions of the Agreement, as Amended by Amendment No. 1, shall remain in full force and effect.

D. This Amendment No. 2 shall take effect December 6, 2022.

IN WITNESS WHEREOF, Employee and the City of Marina, by its duly authorized representatives, have executed this Amendment No. 2 on the date hereinabove set forth at Marina, California.

CITY OF MARINA EMPLOYEE

Bruce C. Delgado, Mayor Layne P. Long

Dated: Dated:

Approved as to Form:

Heidi Quinn, Interim City Attorney

4

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