Marina City Council
February 22, 2023

WHEREAS, o n 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, applicant updated its request for the extension of the public improvements from one (1) year to three (3) months;

WHEREAS, on December 6, 2022, the City Council passed the following motion:

“The applicant and the city will agree to a sixty (60) day tolling agreeme nt to work out the following issues: a cost estimate for the Carmel Avenue improvements per COA #6, façade improvements, a publicly approved mural, and Del Monte Avenue improvements pursuant to condition of approval ( COA #6). City Staff will bring back thi s agreement to the City Council by no later than February 7, 2023.”

WHEREAS, on December 20, 2023, City Staff met with Pacific Roots and began the process of working out the issues as instructed by the City Council;

WHEREAS, on January 12, 2023, City Staff met with Pacific Roots and agreed on the estimated costs of the improvements including the façade improvements for their suite, a publicly approved mural, and Del Monte Avenue improvements. The applicant agreed to send a letter that includes the mutually agreed upon cost estimates;

WHEREAS, on January 31, 2023, City Staff received a letter from the applicant; and

WHEREAS, t he proposed project is exempt from the California Environmental Quality Act (CEQA) under Class 1, Section 15301 (Existing Fa cilities) 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 would involve negligible or no expansion of use.

NOW, THEREFORE, THE City Council of the City of Marina DOES HEREBY RESOLVE AS FOLLOWS:

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

2. Based upon the findings of approval, the City Council hereby approves the modifications to the required façade improvements and grants an extension of time 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).

3. The City Council finds the project as described and conditioned exempt from environmental review per Section 15301 of the CEQA Guidelines.

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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 t he 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 Conditi ons 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 g oals. 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 located across Del Monte Boulevard. This ensures that this location will be able to capture a significant share of locally and region ally generated sales with multiple transit options available.

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 Mont e 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 “Commercial Retail/Personal Services” uses along the east side of Del Monte Boulevard from Carmel Avenue to Reservation Road […].”

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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 t o 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, but are not limited to, architectural and site approval, time limitations, street dedication, and street and drainage impr ovements. 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 w ill allow the building to retain a consistent front across all fi ve 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 rep airing broken aspects of the building.

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

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.

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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 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 subje ct 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 p ermit 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.

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 C ity 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 9 Resolution 2023-

Boulevard and then completed within a time to be determined in accordance with the design.

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

Standard Cannabis Dispensary Operating Conditions

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

9. Substantial Action Time Limit – If the permittee does not commence commercial cannabis activity in accordance with the terms of t his Permit 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 durat ion 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 approv al, 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 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.

13. Business License – The permittee shall obtain and maintain a C ity 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 othe r documentation required as proof of right to operate a cannabis dispensary on the premises.

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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 s hall 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 pe rmit 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 i s 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.

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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.

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 – Consistent with Development/Operating Agreement included at Attachment No. 2, within forty -five (45) days of the approval of the Conditional Use Permit Amendment by the City Council, the applicant agrees to submit plans to repaint and refurbish the shopping center and paint a mural on the side of the building along Carmel Ave. Within sixty (60) days of receiving approval of the permit for said work, the applicant shall complete the improvements.

31. Planting – Applicant agrees to work with City Staff and the Marina Tree and Garden Club on species of trees and plants for the planter boxes along Carmel Avenue.

32. Building Minor Repairs – Consistent with Development/Operating Agreement included at Exhibit 2, within forty -five (45) days of the approval of the Conditional Use Permit Amendment by the City Council, the applicant agrees to submit plans 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. Within sixty (60) days of receiving approval of the permit for said work, the applicant shall complete the improvements.

33. Public Improvements Extension – Extend COA #6 Public improvements to the Carmel Avenue frontage and COA #7 Parking along Carmel Avenue for six (6) months from the date of the approval . In accordance with the Deferred Public Improvement Agreement included as Exhibit 3, the applicant shall submit plans for curb, gutter, sidewalk and landscape improvements within forty -five (45) days of the approval of the Conditional Use Permit Amen dment by the City Council. Within sixty (60) days of receiving approval of the permit for said work, the applicant shall com mence the work for the improvements.

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34. Public Improvements Bond – Within sixty (60) days of the approval of the Conditional Use Permit Amendment by the City Council , the applicant shall provide a bond or other surety acceptable to the City to guarantee that the installment of approximately twenty - five (25) feet of public improvements on Del Monte Blvd and on the corner. In addition Within sixty (60) days of the approval of the Conditional Use Permit Amendment by the City Council, the applicant shall provide a bond or other surety acceptable to the City to guarantee that the installment of approximately one hundred seventy nine (179) fee t of public improvements on Carmel Avenue. The amount of the surety shall be a minimum of ten percent of the actual or estimated costs of the installation accepted by the Public Works Department. If or when the public improvements are completed and are si gned off by the Public Works Director or their designee, the surety shall be returned to the entity that provided the surety or to another entity upon proof of transfer. If improvements are not installed and the applicant does not take steps to improve th e frontage, the City shall have the authority to use the surety for the improvements as described herein. “Exhibit 3”

35. Shared Parking with the Motel – Within thirty (30) days of the completion of off -site improvements along Del Monte 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.

This Resolution shall take effect immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 22nd day of February 2023, 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

13 Exhibit 1 to Approval Resolution
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DEVELOPMENT /OPERATING AGREEMENT

BY AND BETWEEN

THE CITY OF MARINA
AND
PACIFIC ROOTS MARINA, LLC. DBA CATALYST - MARINA
3100 Del Monte Boulevard
ARTICLE 1. PARTIES AND DATE.

This Development/Operating A greement (“Agreement”) is dated ___________, 2023, for execution purposes only and is entered into between (i) the City of Marina (“City”), a California charter city, and Pacific Roots Marina, LLC. dba Catalyst - Marina (ii) (“Owner”), a California Limited Liability Corporation, and the legal owner of a cannabis business and holder of a Use Permit from the City to operate a cannabis dispensary within the City . This Agreement shall become effective on the Effective date defined in section 3.1.6.

ARTICLE 2. RECITALS.

2.1 WHEREAS, Pursuant to Marina Municipal Code (“MMC”) Chapter

5.76.030, City is authorized to enter into binding Development/Operating Agreements (“Agreement”); and

2.2 WHEREAS, this Agreement and the Project are consistent with the City’s General Plan and, with the issuance of a use permit, the Zoning Code and applicable provisions of the City’s Zoning Map as of the Effective Date; and

2.3 WHEREAS, all actions taken and approvals given by the City have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters; and

2.4 WHEREAS, Owner intends to develop a Cannabis Dispensary and conduct commercial cannabis activities at the Dispensary, to the extent contemplated by Ordinance 2018 -09 “Commercial Cannabis Activities” and all applicable state laws, rules, and regulations.

2.5 WHEREAS, this Agreement, in the future, shall be read consistent with any statewide regulation passed by voter initiative or the state legislature, which decriminalizes or legalizes marijuana for medical or recreational use, also known as adult cannabis use. This Agreement shall govern the conduct of th e business to dispense cannabis for medical and adult use within the City under such statewide regulation, consistent with any City regulations not preempted by any such statewide regulations.

Exhibit 2
15 30919\002\1606083.2:7522 2

2.6 WHEREAS, the Owner and City agree for mutual consideration that in addition to the terms and conditions set forth in Ordinance 2018-09 and the Use Permit issued to Owner on June 10, 2020, this Agreement shall also govern the conditions under which the cannabis dispensary will be developed and will operate.

2.7 WHEREAS, the Owner and City intend that this Agreement satisfy the requirements of Ordinance 2018-09, which require those operating a Cannabis Dispensary pursuant to a duly -issued Use Permit to enter into an annual development/operating agreement with the City setting forth the terms and conditions under which the cannabis facility will operate, including, but not limited to, payment of fees and other charges as mutually agreed, and such other terms and conditions that will protect and promote the public health, safety and welfare.

ARTICLE 3. GENERAL TERMS.

3.1 Definitions and Exhibits. The following terms when used in this Agreement shall be defined as follows:

3.1.1 “Agreement” means this Development/Operating Agreement. 65864 et seq.]

3.1.2 “City” means the City of Marina, a California charter city.

3.1.3 “Days” mean calendar days unless otherwise specified.

3.1.4 “Development” includes the right to maintain, repair or reconstruct any private building, structure, improvement or facility after the construction and completion thereof; provided, however, that such maintenance, repair, or reconstruction take place within the term of this Agreement on parcels subject to it.

3.1.5 “MMC” means the City of Marina Municipal Code.

3.1.6 “Effective Date” means the date on which all of the following are true: (i) the City Council adopted a resolution adopting and app roving the Development Agreement and (ii) all Exhibits to this Agreement are finalized, executed by all affected parties (if applicable) and attached hereto; provided, however, that if these conditions have not been fully satisfied by the Owner the Effective Date may not thereafter occur and this Agreement may not thereafter become effective.

3.1.7 “Existing Land Use Regulations” means all Land Use Regulations in effect on the date of execution. Existing Land Use Regulations include all provisions in the MMC Chapter 17, Zoning, and other regulations that are a matter of public record on the date of execution as they may be modified Exhibit 2
16 30919\002\1606083.2:7522 3

from time to time. Notwithstanding by the Existing Development Approvals.

Notwithstanding the foregoing.

3.1.8 “Owner” means the Dispensary Owner (s).

3.1.9 “Processing Fees” means the normal and customary
application, filing, plan check, permit fees for Cannabis activity approvals, design review, building permits, demolition permits, grading permits, and other similar permits and entitlements, inspection, dispensary permit ap plication, cannabis conditional use permit application, pre-license site visit, background check, live scan annual compliance, regulatory compliance inspections and cannabis tax audits, which fees are charged to reimburse the City’s expenses attributable t o such applications, processing, permitting, review and inspection and which are in force and effect on a general basis at such time as said approvals, permits, review, inspection or entitlements are granted or conducted by the City.

3.1.10 “Project” means the Commercial Cannabis Activity as set forth in Ordinance 2018-09, located at 3170 Del Monte Boulevard (Street Address) on Assessor Parcel Number (APN) 032-055-017 that will be state licensed and issued Adult and Medical Dispensary Permits in full accordance with Ordinance 2018-09 as may be amended, as well as in full compliance with all state laws, including but not limited to the Medical Marijuana Regulation and Safety Act and the Adult Use of Marijuana Act adopted by the State of Califor nia.. This Project shall include the distribution, of cannabis as approved by state and local law. The Project may include construction, remodeling, and other construction activities in furtherance of the development of an Adult and Medical Cannabis Dispensary.

3.1.11 “Property” means the real property where the Cannabis Dispensary is to be located as shown on Exhibit A, as set forth in 3.2 below, attached hereto and incorporated herein by this reference.

3.2 Exhibits. The following documents are attached to and, by this reference, made part of this Agreement:
.

Exhibit A – Map showing Property and its location.

Exhibit B – Resolution of City Granting a Use Permit with Conditions at 3170 Del Monte Boulevard.

Exhibit C – Owner’s Commitment to Local Enterprise and Community Benefit Program.

Exhibit D – Public Improvement Agreement for Improvement of Streets, Installation of Sidewalks, Landscaping, Street Lights and other Public Works Facilities.

Exhibit E – Letter committing to Façade and Onsite Improvements including structure repainting, refurbishment of the tenant space store front, installation of planters, painting of murals celebrating unique features of the city.

Exhibit 2
17 30919\002\1606083.2:7522 4

3.3 Binding Effect of Agreement. The Prop erty and Project are hereby made subject to this Agreement. Subject to the Owner’s receipt of all Development/Operating Approvals relative thereto, the Development of the Property is hereby authorized and shall, except as otherwise provided in this Agreement, be carried out only in accordance with the terms of this Development/Operating Agreement, the Use Permit and the Dispensary Permits.

In the event of conflict or uncertainty between this Agreement, the Dispensary Permits, and the Use Permit, the provisions of the Development Agreement shall control.

3.4 Notices.

3.4.1 Notice Defined. As used in this Agreement, notice includes, without limitation, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder.

3.4.2 Written Notice and Delivery. All notices shall be in writing and shall be considered given:

(i) when delivered in person to the recipient named below; or

(ii) three days after deposit in the United States mail, postage prepaid, addressed to the recipient named below; or

(iii) on the date of delivery shown in the records of the delivery company after delivery to the recipient named below; or

(iv) on the date of delivery by facsimile transmission to the recipient named below if a hard copy of the notice is deposited in the United States mail, postage prepaid, addressed to the recipient named below. All notices shall be addressed as follows:

If to the City:

City Manager
211 Hillcrest Avenue
Marina, CA 93933

If to the Owner:

Alberto Marciano, Manager
401 Pine Ave.,
Long Beach, CA 90802

Exhibit 2
18 30919\002\1606083.2:7522 5

With Copies to:

City Attorney
City of Marina
211 Hillcrest Avenue
Marina CA 93933

3.4.3 Address Changes. Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party or to a different address, or both.

Notices given before actual receipt of notice of change shall not be invalidated by the change.

3.5 Validity of this Agreement. The Owner and the City each acknowledge that neither party has made any representations to the other concerning the enforceability or validity of any one or more provi sions of this Agreement, and that this Agreement has been drafted jointly and not by one party alone.

3.6 Relationship of Owner and City. It is understood that this Agreement is a contract that has been negotiated and voluntarily entered into by the City and Owner, and that the Owner is not an agent of the City. The City and Owner hereby renounce the existence of any form of joint venture or partnership between or among them, and agree that nothing contained herein or in any document executed in connection herewith shall be construed as making the City and Owner joint ventures or partners.

3.7 Application of State and Local Regulatory Laws Governing Cannabis. The operation of cannabis facilities is a highly regulated business activity, and is subject to various state and local laws and regulation. This Agreement does not, and the City cannot and does not intend to, give Owner the vested right to continue its operations without complying with applicable state and local laws governing its operation. This Agreement only “vests” those regulations expressly mentioned in, which include rules, regula tions, and official policies governing permitted uses of land, governing density, and governing design, improvement, and construction standards and specifications, applicable to development of the property subject to this Agreement, for the term of this Agreement, and shall be subject to full compliance with the provisions of the Agreement. Owner shall be responsible for obtaining all applicable state licenses, permits, approvals and consents, even if the applicable state laws and regulations are altered following the Effective Date. In addition, Owner shall be responsible for continuously maintaining its Use Permit. Nothing in this Agreement shall prevent the City from denying or conditionally approving the renewal of the Use Permit, revoking the Use Permit.

3.8 Conflict with Cannabis Regulation and Safety Act. If there is any Exhibit 2
19 30919\002\1606083.2:7522 6

conflict between any provision of this Agreement and any provision of the Cannabis Regulation and Safety Act, formerly known as the Marijuana Regulation and Safety Act, that is comprised of Assembly Bill 243, Assembly Bill 266, and Senate Bill 643 (Bus. & Prof. Code Sections 19300 et seq.; H&S Code Section 11362.769-11362.777; and Water Code Section 13276), the provisions of the Cannabis Regulation and Safety Act shall take precedence. Nothing in this Agreement is intended nor shall it be construed or interpreted to allow or require Owner to do anything or take any action related to the performance of this Agreement that is contrary to, prohibited by, or not allowed under the Cannabis Regulation and Safety Act and any regulations issued by the State pursuant thereto. Nor shall this Agreement be construed or interpreted to allow or authorize Owner to not do anything or take any action related to the performance of this Agreement that is required by said Act and regulations.

ARTICLE 4. PUBLIC BENEFITS

4.1 Intent. The parties acknowledge and agree that development of the Project on the Property will result in substantial public needs which will not be fully met and further acknowledge and agree that this Agreement confers substantial private benefits on Owner which should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on Owner by providing more fully for the satisfaction of the public needs resulting from the Project.

4.2 Processing Fees and Taxes. Processing Fees and taxes.

4.2.3 Cannabis Business Operating Fees. Owner agrees to pay all cannabis business operating fees including, cannabis live Scan Fee, cannabis zoning verification letter, cannabis background review, pre-license site visit, regulatory compliance inspections, and cannabis tax audits.

4.3 Jobs and Wage Creation.

4.3.1 Local Hiring. Owner agrees to use its reasonable efforts to hire qualified City residents for jobs at the Project. Owner shall abide by all local hiring commitments provided in the Owner Commitment to Local Enterprise and Community Benefit Program in Exhibit C

4.3.2 Mandatory Payment of Wage. Owner agrees to pay all employees’ wages in accordance with the wage rate provided in the Owner’s Local Enterprise and Community Benefit Plan and the Owner Commitment to Local Enterprise and Community Benefit Program in Exhibit C.

4.4 Payment of Marijuana Business Operation Tax.

4.4.1 Amount of Tax. Pursuant to MMC Chapter 5. 80.350, Exhibit 2
20 30919\002\1606083.2:7522 7

Owner shall pay City the annual business license tax based on a percentage of gross receipts as set by the City Council by Resolution 2019-34 in accordance with prior voter approval of five percent (5%) annually. Such taxes shall be remitted in accordance with regulations adopted by City. Payments are due quarterly on July 1st, October 1st, January 1st, and April 1st each year.

4.5.2 All other taxes established by Ordinance shall be paid in accordance with the MMC and State law, as both may be amended from time to time.

4.5.3 New Taxes. With mutual consent of all parties to this Agreement, any subsequently enacted City-wide taxes shall apply to the Project.

4.6 Assessments. Nothing herein shall be construed to relieve the Project from assessments levied against it by the City pursuant to any statutory procedure for the assessment of property to pay for infrastructure and/or services, which benefit the Project.

ARTICLE 5. PERMITTED USES. The permitted uses of the Property (Exhibit “A”) including the density and intensity of use, the maximum height, bulk, size of proposed building, provisions for reservation or dedication of land for public purposes and location and maintenance of on -site and off -site improvements, location of public utilities operated by the City and other terms and conditions of development applicable to the Project are as set forth below:

5.1. Use Permit. Owner agrees to abide to all conditions of approval of the Use Permit at all times, including those requirements set forth in Marina Ordinance 2018-09, which includes complying with the Operation Plan, Security Plan, Business Plan, signage restrictions, neighborhood compatibility requirements, and all operation requirements set forth therein. The city manager or designee can terminate a development/operating agreement at any time with or without reason, including for failure to abide by all conditions of approval of the Permit. 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 the Owner permit holder.

5.1 Rules Regarding Permitted Uses. For the term of this Agreement, the City’s ordinances, resolutions, rules, regulations and official policies governing the permitted uses of the Property, governing density and intensity of use of the Property and the maximum height, bulk and size of proposed buildings shall be those in force and effect on the earlier of either the Effect ive Date or the date the City approves the first discretionary approval of the Project.

5.2 Rules Regarding Design and Construction. Unless otherwise expressly provided herein, the ordinances, resolutions, rules, regulations and official policies governing design, improvement and construction standards and specifications Exhibit 2
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applicable to the Project shall be those in force and effect on the earlier of either the Effective Date or the date the City approves the first discretionary approval of the Project.

5.3 Public Improvements. The Cannabis Conditional Use Permit issued to the Owner requires certain public improvements to be completed. 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. Owner hereby agrees to enter into the Public Improvement Agreement for Imp rovement of Streets, Installation of Sidewalks, Landscaping, Street Lights and other Public Works Facilities provided in Exhibit D. All improvements required by the City Engineer to satisfy MMC Chapter 15.36 shall be completed as required in Exhibit D. Failure to complete required public improvements shall be grounds for a non -renewal of the annual Cannabis Business Permit.

5.4 Façade Improvements. The Cannabis Conditional Use Permit issued to the Owner requires certain facade and onsite improvements to be completed, in accordance with Conditional of Approval Number 1 of Resolution 2020 -65. Such façade and onsite improvements shall include structure repainting, refurbishment of the tenant space store front, installation of planters, painting of murals celebrating unique features of the c ity as described in Exhibit E and equaling a value of approximately fifty -thousand dollars ($50,000). Owner hereby agrees to submit plans for façade and onsite improvements to the Director of Community Development within forty -five (45) days of execution o f this Agreement, and to complete all façade and onsite improvements within sixty (60) days of receiving all necessary permits from the Community Development Department. All Public Works Facilities provided in Exhibit D. All improvements required shall b e completed within 5 months of the execution date of this Agreement. Failure to complete required façade and onsite improvements shall be grounds for a non - renewal of the annual Cannabis Business Permit.

ARTICLE 6. TERM AND REVIEW FOR COMPLIANCE.

6.1 Term. The term of this one year from the Effective Date. This Agreement may be extended after the Annual Review. It is understood by the Owner that the city manager or designee can terminate this Agreement at any time with or without reason. T he City has the right to deny an extension or negotiate new terms or conditions for extension. Permits are also revocable at any time with or without cause by the city manager or designee pursuant to Section 4 of Ordinance 2018-09.

6.1 Annual Review. The City Manager or designee will review this Agreement annually, on or before each anniversary of the Effective Date or upon Exhibit 2
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receipt of a request by Owner to extend the term, in order to ascertain Owner's good faith compliance with this Agreement including the Dispensary Permit. During the periodic review Owner shall be required to demonstrate good faith compliance with the terms of the Agreement, through submi tting an annual monitoring report, records, or equivalent written materials to the City Manager or designee. The City may elect to extend the permits with cursory review. Owner shall be entitled to a review hearing pursuant to 6.3 below in the event the City Manager or designee determines Owner is not in compliance with this Agreement, Use Permit or Dispensary Permit.

6.2 Special Review. The City Council may order a special review of compliance with this Agreement at any time. The City Manager or designee shall conduct such special review. During a special review, the Owner shall be required to demonstrate good faith compliance with the terms of the Agreement. The burden of proof on this issue shall be on the Owner.

6.3 Review Hearing. At the time and place set for the review hearing, the Owner shall be given an opportunity to be heard. If the City Manager finds, based upon substantial evidence, that the Owner has not com plied in good faith with the terms or conditions of this Agreement, the City Manager may recommend that the City Council terminate this Agreement notwithstanding any other provision of this Agreement to the contrary, or modify this Agreement and impose such conditions as are reasonably necessary to protect the interests of the City. The decision of the City Council shall be final, subject only to judicial review pursuant to Code of Civil Procedure Section 1094.5.

6.4 Failure to Conduct Review. The City’s failure to conduct a periodic review of this Agreement shall not constitute a breach of this Agreement or a waiver of future periodic reviews.

6.5 Cost of Review. The costs incurred by City in connection with the periodic reviews shall be borne by Owner.

ARTICLE 7. DEFAULTS AND REMEDIES.

7.1 Remedies in General. It is acknowledged by the parties that the City would not have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement or the application thereof, except as hereinafter exp ressly provided. Subject to extensions of time by mutual consent in writing, failure or delay by either party to perform any term or provision of this Agreement shall constitute a default. In the event of alleged default or breach of any terms or condition s of this Agreement, the party alleging such default or breach shall give the other party not less than thirty (30) days’ notice in writing specifying the nature of the alleged default and the manner in which said default may be satisfactorily cured during any such thirty Exhibit 2
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(30) day period, the party charged shall not be considered in default for purposes of termination or institution of legal proceedings. Notwithstanding the foregoing to the contrary, if the alleged default is of such a nature that it cannot be cured within thirty (30) days, the alleged defaulting party shall not be deemed in default as long as such party commences to cure such default within such thirty (30) day period and thereafter diligently prosecutes such cure to completion.

7.2 After notice and expiration of the thirty (30) cure day period, the other party to this Agreement, at its option, may institute legal proceedings pursuant to this Agreement.

7.3 In general, each of the parties hereto may pursue any remedy at law or equity avai lable for the breach of any provision of this Agreement, except that the City shall not be liable in monetary damages, unless expressly provided for in this Agreement, to the Owner or to any successors in interest of the Owner, or to any other person, and the Owner covenants on behalf of itself and all successors in interest to the Property or any portion thereof, not to sue for damages or claim any damages:

(i) For any breach of this Agreement or for any cause of action which arises out of this Agreement: or

(ii) For the impairment or restriction of any right or interest conveyed or provided under, with, or pursuant to this Agreement, including, without limitation, any impairment or restriction which the Owner characterizes as a regulatory taking or inverse condemnation; or

(iii) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement.

7.4 Nothing contained herein shall modify or abridge the Owner’s rights or remedies (including its rights for damages, if any) resulting from the exercise by the City of its power of eminent domain. Nothing contained herein shall modify or abridge the Owner’s rights or remedies (including its rights for damages, if any) resu lting from the grossly negligent or malicious acts of the City and its officials, officers, agents and employees. Nothing herein shall modify or abridge any defenses or immunities available to the City and its employees pursuant to the Government Claims Act and all other applicable statutes and decisional law.

7.5 Release. Except for those remedies set forth in Section 7.4, the Owner, for itself, its successors and assignees, hereby releases the City, its officers, agents and employees from any and all claims, demands, actions, or suits of any kind or nature arising out of any liability, known or unknown, present or future, based or asserted, pursuant to Article 1, Section 19 of the California Exhibit 2
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Constitution, the Fifth Amendment of the United States Consti tution, or any other law or ordinance which seeks to impose any other liability or damage, whatsoever, upon the City because it entered into this Agreement or because of the terms of this Agreement.

The Owner acknowledges that it may have suffered, or may suffer, damages and other injuries that are unknown to it, or unknowable to it, at the time of execution of this Agreement. Such fact notwithstanding, the Owner agrees that the release provided in this Section 7.5 shall apply to such unknown or unknowable claims or damages. Without limiting the generality of the forgoing, the Owner acknowledges the provisions of California Civil Code Section 1542, which provide:

“A general release does not extend t o claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release which if know by him or her must have materially affected his or her settlement with the debtor.”

The owner hereby waves, to the maximum legal extent, the provisions of California Civil Code Section 1542 and all other statutes and judicial decisions of similar effect.

Initial____________

7.8 Attorneys’ Fees and Costs. In any action or proceeding between the City and the Owner brought to interpret or enforce this Agreement, or which in any way arises out of the existence of this Agreement or is based upon any term or provision contained herein, the “prevailing party” in such action or proceeding shall be entitled to recover from the non-prevailing party, in addition to all other relief to which the prevailing party may be entitled pursuant to this Agreement, the prevailing party’s reasonable attorney ’s fees and litigation costs, in an amount to be determined by the court. The prevailing party shall be determined by the court in accordance with California Code of Civil Procedure Section 1032. Fees and costs recoverable pursuant to this Section 7.8 include those incurred during any appeal from an underlying judgmen t and in the enforcement of any judgment rendered in any such action or proceeding. The parties agree that each contributed to the drafting of this Agreement, and that neither party is responsible for its drafting in determining whether any ambiguities exist as a result of drafting. Ambiguities shall not automatically be ruled against either party.

ARTICLE 9. THIRD PARTY LITIGATION.

9.1 General Plan Litigation. The City has determined that this Agreement is consistent with its General Plan. The Owner has reviewed the Exhibit 2
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General Plan and concurs with the City’s determination.

9.2 Hold Harmless Agreement. Owner hereby agrees to, and shall hold City, its elective and appointive boards, commissions, officers, agents, and employees harmless from any li ability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Owner or Owner’s contractors, subcontractors, agents, or employees operations under this Agreement, whether such o perations be by Owner, or by any of Owner’s contractors, subcontractors, agents, or employees operations under this Agreement, whether such operations be by Owner, or by any of Owner’s contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for Owner or any of Owner’s contractors or subcontractors. Owner agrees to and shall defend City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damage caused, or alleged to have been caused, by reason of any of the aforesaid operations.

9.3 Indemnification. Owner shall defend, indemnify and hold harmless City and its agents, officers and employees against and from any and all liabilities, demands, claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), which any or all of them may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following: (i) this Agreement and the concurrent and subsequent permits, licenses and entitlements approved for the Project or Property; (ii) any environmental impact re port, mitigated negative declaration or negative declaration, as the case may be, prepared in connection with the development of the Property; and (iii) the proceedings undertaken in connection with the adoption or approval of any of the above. In the even t of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision of this Agreement or any portion thereof as set forth herein, the parties shall mut ually cooperate with each other in defense of said action or proceeding. Notwithstanding the above, the City, at is sole option, may tender to Owner the complete defense of any third party challenge as described herein. In the event the City elects to contract with special counsel to provide for such a defense, the City shall meet and confer with Owner regarding the selection of counsel, and Owner shall pay all costs related to retention of such counsel.

9.4 Accept Reasonable Good Faith Settlement. With respect to Article 9, the City shall not reject any reasonable good faith settlement. If the City does reject a reasonable, good faith settlement that is acceptable to the Owner, the Owner may enter into a settlement of the action, as it relates to the Owner, and the City shall thereafter defend such action (including appeals) at its own cost and be solely responsible for any judgments rendered in connection with such action.

This Section 9.4 applies exclusively to settlements pertaining to monetary Exhibit 2
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damages or damages which ar e remedial by the payment of monetary compensation. The Owner and the City expressly agree that this Section 9.4 does not apply to any settlement that requires an exercise of the City’s police powers, limits the City’s exercise of its police powers, or aff ects the conduct of the City’s municipal operations.

ARTICLE 10. MISCELLANEOUS PROVISIONS.

10.1 Entire Agreement. This Agreement together with the Permits sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements that are not contained or expressly referred to herein.

No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement, provided, however, City at its option may rely on statements by Owner’s agents at the public hearings leading to the City’s approval of the project or on written documents by Owner or Owner’s agents that are a part of the public record.

10.2 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, by a court of competent jurisdi ction, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. The foregoing notwithstanding, the provision of the public benefits set forth in Article 4, including the payment of the fees set forth therein, are essential elements of this Agreement and the City would not have entered into this Agreement but for such provisions, and therefore in the event that any portion of such provisions are determined to be invalid, void or unenforceable, at the City’s option this entire Agreement shall terminate and from that point on be null and void and of no force and effect whatsoever.

10.3 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof.

10.4 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement.

10.5 Singular and Plural; Gender, an d Person. Except where the Exhibit 2
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context requires otherwise, the singular of any word shall include the plural and vice versa, and pronouns inferring the masculine gender shall include the feminine gender and neuter, and vice versa, and a reference to “person” s hall include, in addition to a natural person, any governmental entity and any partnership, corporation, joint venture or any other form of business entity.

10.6 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element.

10.7 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, sh all not constitute a waiver of such party’s right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter.

10.8 No Third-Party Beneficiaries. The only parties to this Agreement are Owner and the City. This Agr eement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. There are no third-party beneficiaries and this Agreement is not intended, and shall not be construed, to benefit, or be enforceable by any other person whatsoever.

10.9 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party.

10.10 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes.

10.11 Counterparts. This Development/Operating Agreement may be signed in counterparts, each of which shall constitute an original, but both of which together shall constitute one and the same instrument. Counterparts may be delivered by facsimile, electronic mail (including pdf. Or any electronic signature complying with the U.S. ESIGN Act of 2000, California Uniform Electronic Transactions Act (Cal. Civil Code §1633.1 et seq.) or other applicable law) or other transmission method and any counterpart so delivered shall be deemed to have been validly delivered and be valid and effective for all purposes.

10.12 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement o r brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and prosecuted in the Superior Court of the County of Monterey, State of California, and the parties hereto w aive all provisions of federal or state law or judicial decision providing for the filing, removal or change of venue to any other Exhibit 2
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state or federal court, including, without limitation, Code of Civil Procedure Section 394.

10.13 Agent for Service of Proce ss. Owner shall register the business with the California Secretary of State and be enrolled to do business in California prior to entering into this Agreement. In the event the Owner is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer who is a resident of the State of California, or if it is a foreign corporation, then the Owner shall file, upon its execution of this Agreement, with the City Manager the name of a nat ural person acting as the agent of owner residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon the Owner. If for any reason service of such process upon such agent is not feasible, then in such event the Owner may be personally served with such process out of this County and such service shall constitute valid service upon the Owner. The Owner is amenable to the process so described, submits to the jurisdiction of the Court so obtained, and waives any and all objections and protests thereto.

10.14 Authority to Execute. The person or persons executing this Agreement on behalf of the Owner warrants and represents that he/she/they have the authority to execute this Agreement on behalf of his/her/their corporation, partnership or business entity and warrants and represents that he/she/they has/have the authority to bind the Owner to the performance of its obligations hereunder.

Each individual executing this Agreement represent s and warrants that:

10.14.1 The individual is authorized to execute and deliver this Agreement on behalf of that company or entity in accordance with a duly adopted resolution of the company’s board of directors or appropriate governing body and in accordance with that company’s or entity’s articles of incorporation or charter and bylaws or applicable formation documents; and

10.14.2 This Agreement is binding on that company or entity in accordance with its terms; and

10.14.3 The company or entity is a duly organized and legally existing company or entity in good standing and is registered to do business in California by the California Secretary of State; and

10.14.4 The execution and delivery of this Agreement by that Exhibit 2
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company or entity shall not result in any breach of or constitute a default under any mortgag e, deed of trust, loan agreement, credit agreement, partnership agreement, or other contract or instrument to which that company or entity is party or by which that company or entity may be bound.

10.15 Nexus/Reasonable Relationship Challenges. Owner
consents to, and waives any rights it may have now or in the future to challenge the legal validity of, the conditions, requirements, payment of any kind of fee whatsoever, policies or programs set forth in this Agreement including, without limitation, any cla im that they constitute an abuse of the police power, violate substantive due process, deny equal protection of the laws, effect a taking of property without payment of just compensation, or impose an unlawful tax.

10.16 Owner Compliance with Laws. Owner hereby agrees to comply with all applicable state, federal and local laws, regulations, rules and policies.

10.17 No Damages Relief Against City. The parties acknowledge that the City would not have entered into this Agreement had it been exposed to damage claims from Owner, or Owners successors in interest, assigns, partners, or anyone acting on behalf of the Owner for any breach thereof. As such, the parties agree that in no event shall Owner, or Owners successors in interest, assigns, partners, or anyone acting on behalf of the Owner be entitled to recover damages against City for breach of this Agreement.

10.18 Compliance with Conditions of Approval. Owner agrees to comply with and fulfill all conditions of approval for any and all entitlement, permits, and/or licenses it receives form the City. All conditions of approval for all entitlements, permits and/or licenses are hereto incorporated.

10.19 Owner agrees to comply with all applicable provisions of any current or future applicable federal, state, or local marijuana/cannabis laws, as duly adopted, including any and all development standards, license and revoc ation procedures, and the like.

Exhibit 2
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IN WITNESS WHEREOF , the parties hereto have caused this Agreement to be executed as of the dates written below.

CITY OF MARINA OWNER

By:_________________________ ___________________________ Layne Long, City Manager

Date: ___________________ Date: ___________________

ATTEST:

By:_______________________________
Anita Shepherd-Sharp, Deputy City Clerk

APPROVED AS TO FORM:

By:___________________________
Robert Rathie, for the City Attorney
Exhibit 2
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EXHIBITS

Exhibit A – Map showing Property and its location.

Exhibit B—Resolution of City Granting a Conditional Use Permit with Conditions at [location].

Exhibit C—Owner’s Commitment to Local Enterprise and Community Benefit Program.

Exhibit D – Public Improvement Agreement for Improvement of Streets, Installation of Sidewalks, Landscaping, Street Lights and other Public Works Facilities.

Exhibit E – Letter committing to Façade and Onsite Improvements including structure repainting, refurbishment of the tenant space store front, installation of planters, painting of murals celebrating unique features of the city.

Exhibit 2
32 1

DEFERRED PUBLIC IMPROVEMENT AGREEMENT
For
3100 DEL MONTE BOULEVARD
THIS DEFERRED PUBLIC IMPROVEMENT AGREEMENT (“Agreement”) is made and entered into on December _____, 2023, by and between Pacific Roots Marina, LLC. dba Catalyst - Marina (ii) (“Owner”), a California Limited Liability Corporation, and the legal owner of a cannabis business and holder of a Use Permit from the City to operate a cannabis dispensary within the City , and the City of Marina, a California charter city ( the “City”), to guarantee construction, installation and completion by Pacific Roots of certain public improvements consisting of, but not necess arily limited to, cu rb gutter, sidewalk, park strip, street trees, and light poles (the “Improvements”) and to secure the completion of performance by Pacific Roots of the Improvements through posting of a performance bond in an agreed amount, b eing the amount of the Ci ty En gineer’s estimate for construction, installation and completion of the Improvements.

Recitals
A. Pacific Roots is the lessee of a parcel of real property including a 2,744 square foot building located at 3100 Del Monte B oulevard in the City of Mari na, Monterey County, California (APN 032 -192-018), which is more particularly described and shown in Exhibit “A” (the “ Property”).

B. Pacific Roots has developed the Subject Property by converting the building into a cannabis dispensary (the “Project”).

C. On June 10, 2020, by Resolution No. 20 20-65, Pacific Roots received approval, subject to certain Conditions of Approval, from the City Council of a Cannabis Conditional Use Permit to allow operation of a medical/adult use cannabis dispe nsary at 3100 Del Monte Boulevard.

D. Condition of Approval No. 6 of Resolution 2020-65 provides as follows:
“6. Public Improvements -In accordance with Marina Municipal C ode Chapter 15.36, public improvements shall be designed and installed by the applicant or property owner to the satisfaction of the Ci ty 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 t o be determin ed in accordance with the design.”
E. On _____________ the parties entered into certain Development/Operating Agreement by and between the City of Marina and Pacific Roots Marina, LLC.

Exhibit 3
33 2

E. The parties now desire to provide for deferral of the construction, installation and completion of the Improvements described in Recital D.

F. The City Engineer has submitted to Pacific Roots an estimate of the cost for construction, installation and completion cost for the Public Improvements in the amounts of:

1. $160,897 for Carmel Avenue Improvements, including the placement of concrete curb and gutters, installation of an 8 -foot concrete sidewalk, install ation of a concrete driveway approach , installing traffic signage and relocating light posts and electrical.

2. $29,278 for Del Monte Road Boulevard Improvements, including the placement of concrete curb and gutters, installation of an 8 -foot concrete sidewalk, installation of a concrete corner access ramp, relocation and adjustment of a utility vault.

G. The h as agreed to commence cons truction on the Carmel Avenue Impr ovements up on review and approval of the City Engineer.

H. The City intends to further develop the design for Del Monte B oulevard as a part of its Downtown Vitaliz ation Pro ject, of which the Improvements will form an integral part.

Therefore, it is mut ually advantageous to both the City and Pacific Roots that the construction of the Del Monte Boulevard Improvements by Pacific Roots be deferred until a later date.

I. It is the pu rpose and intent of this Agreement to allow for the guarantee of p erformance by Pacific Roots and to provide for the deferment of construction, installation and completion of the Improvements until a later date in the manner herein specified.

Terms & Conditions

NOW, THEREFORE, in consideration for the promises in this Agreement, and for other good an d valuable consideration, receipt of which is hereby ackno wledged, Pacific Roots and the City mutually promise and agree as follows:

1. Incorporation. The Recitals set forth above are true and are hereby incorporated herein by thi s reference. All applicable Codes, Ordinances, Resolutions, Rules and Regulations and established policies of the City and the laws of the State of California and the United States of America co ncerning the subject matter of this Agreement are hereby referred to and incorporated herein to the same effect as if they were set out a length herein. Said Codes, Ordinances, Resolutions, Rules and R egulations include, but are not limited to, the followi ng:

The Municipal Code of the City of Marina, including the current Zoning Ordinance, and the currently adopted California Building Code.

Exhibit 3
34 3

2. Plans & Specifications.

(a) Carmel Avenue I mprovements: After receipt from the City of a notice to proceed with design of the Improvements Pacific Roots agrees to complete the plans and specifications for the Carmel Avenu e Improvements within forty-five (45) days and submit the plans and specifications to the City Engineer for review and approval.

(b) Del Monte B oulevard Improvements: Pacific Roots will have forty-five (45) days after the City has determined it appropriate to move forward with the Del Monte B oulevard Improvements. The fo rty-five (45) days will begin upon receipt from the City of a notice to proceed with design of the Improvements . Pacific Roots agrees to complete the plans and specifications for th e Carmel Avenue Improvements within forty -five (45) days and submit the plans and specifications to the City Engineer for review and approval.

3. Notice to Proceed with Construction of Improvements.

(a) Upon receipt of notice to proceed with the construction and installation of the Improvements Pacific Roots will within sixty (60) days obtain all required permits including a building permit f rom the City an d commence construction of the Improvements required as a condition of the approval of t he Project by properly licensed contractors including providing all administration, labor, and materials for their construction. Should the applicant not be a ble to obtain all re quired permits and commence construction with in sixty (60) days of receiving the notice to proceed, the applicant may requ est an extension of time equal to the number of days that the City was reviewing plans and specific ations submitted by Pacific Roots for the permits specified in Section 4.

(b) Pacific Roots has been aler ted to the requirement of Califo rnia Labor Code S ection 1770 et seq. which require the payment of prevailing wage rates and the performa nce of other requirements if it is determined that this Agreement constitutes a public works contract. It shall be the sole responsibility of Pacific Roots to determine whether to pay prevailing wages for any or all work required by this Ag reement. As a material part of this Agreeme nt, Pacific Roots agrees to assume all risk of liability arising from any decision not to pay prevailing wages for the work required by this Agreement.

(c) If in the course of construction and installation of the Improvements it is determ ined that the pub lic intere st requires alteration to the I mprovements Pacific Roots shall undertake such design and construction changes as may be reasonab ly required, to the extent that such alterations are considered “Minor Alterations.” For purposes of th is Section (3)(c) , “Minor Alterations” shall mean changes, modifications, or alterations to the Improvements that results in an increase to the original estimate of the cost for construction of less than ten percent (10%).

(d) All Improvements shall be completed in accordance with all standa rds established in the applicable Codes, Ordinances, Resolutions, Rules and Regulations, all applicable laws and thi s Agreement, and in accordance with the plans and specifications approved by the City Engineer.

Exhibit 3
35 4

4. Improvements.

(a) The Improvements wi ll inc lude, but are not necessarily limited to: installation of curb, gutter, sidewalk, park strip, street trees an d light po les in the area s shown on Exhibit “B” attached hereto and made a part hereof. Improvements are to be completed within the time periods set forth in a Schedule of Performance to be mutually agreed and attached hereto when complete as Exhibit “C.” The General Stipulations set forth in Exhibit “D” shall be followed, adhered to, and completed subject to the approval of the City Engineer.

(b) All the provisions of th is Agreement and all work to be done pursuant to the terms of this Agreement are to be comp leted within the time periods set forth in the Schedule of Performance. Pacific Roots shall maintain such public works fac ilities and other improvements described in this Agreement at Pacific Root’s sole cost and expense at all times prior to acceptance by City in a manner which will preclude any hazard to life or health or damage to property.

Maintenance shall include , but shall not be limited to , repair of pavement, curbs, gutters, sidewalks, and maintaining all landscaping in a vigorous and growing condition.

5. Performance Deposit.

(a) Pacific Ro ots Pacific Roots agrees to post an acceptable corporate payment and performance surety bonds or instrument of credi t, in a form approved in advance by the City Attorney which total the estimat ed c ost of the work, and which will guarantee the faithful performance of the work and repai r by the city of any defects in the Improvements which occur within one year after the work is complete. The acceptable surety shall total amounts including:

(i) Carmel Avenue Improvements: One hundred sixty thousand eight hundred ninety- seven dollars ($160,897).

(ii) Del Monte Boulevard Improvements: Twenty-nine thousand two hundred seventy eight dollars ($29,278).

(b) The Performance Bonds shall be in full satisfaction of Pacific Root’s obligation to secure the performance of construction, installation an d completion of the Improvements by Pacific Roots and repair of any defects in the Improvements which occur within one year after the work is completed.

(c) If Pacific Roots or its contractors or subcontractors fail to pay any of the persons named in California Civil Code Sections 8520, 8530 and 9100, or amounts due under the Unemployment Insurance Code, with respect to work, labor, the rental of equip ment or materials furnished by any claimant named in said Civil Code Section, the City may use any and all funds posted under this paragraph to pay such persons legally entitled thereto. Corporate surety bond s are posted with the City such bonds shall contain language binding the surety to pay for labor and materials remaining unpaid. In the even the City prevails in an action upon any bond posted under this paragraph the City shall be entitled to reasonable attorney’s fees to be fixed by the Court.

Exhibit 3
36 5

(e) Provided the Improvements are constructed as provided herein, one year following the City’s acceptance of the Improvements the City will disburse, without interest, all funds then on deposit from Pacific Roots to Pacific Roots.

(f) In the event Pacific Roots transfers its interest in all or any of the Property to a purchaser, Pacific Roots may make the esta blishment of a replacement Performance Deposit, subject to the terms of this Agreement, by said transferee a requirement of the transfer.

6. Acceptance of Improvements. Acceptance of the Improvement on behalf of the City shall be made by the City Engineer after final completion and inspection of all Improvements.

Such acceptance shall not constitute a waiver of defects by the City.

7. Encroachment Permit/Right(s) of Entry. For work performed outside the Property and within the City’s public right of way Pacific Roots will first obtain an encroachment permit. For any work performed outside the Property on other private property Pacific Roots will first obtain a right-of-entry agreement from the property owner and provide insurance and indemnit y to the City and the property owner as the case may be in accordance with the terms of th is Agreement, the encroachment permit or the right-of entry.

8. Inspections/Fees. Prior to commencement of the work herein, Pacific Roots shall pay to the City a cash amount for the engineering inspections to be performed by the City for the work and checking and testing of the materials used in connection therewith as set forth in the City’s Schedule of Fees and Charges including but not limited to, plan check , design revi ew, engineering, inspection and other service fees.

9. Temporary Access. If necessary, on, before or after the commencement date of the construction of the Improvements, Pacific Root s agrees to constru ct temporary access to th e Property and to submit to the City for approval plans to provide , at Pacific Root’s expense, temporary access to and from the Subject Property until the Improvements are completed. Upon approval of the plans Pacific Roots will promptly construct temporary access.

10. Indemnification. Prior to acceptance of the Improvements by the City, Pacific Roots agrees to indemn ify, defend with counsel of City’s choice and hold the City and any of its officials, boards and commissions and members thereof, agents and employees, free and harmless from all suits, fees, claims, demands, causes of action, costs, losses, damages, liabi lities and expenses (including without limitation attorney’s fees) because of or arising or resulting directly or indirectly from (i) any da mage done to any utility, p ublic facility or other m aterial or installation of the City on said real estate as a res ult of Pacific Roots or any contractor or subcontractor of Pacific Roots, or any employee of the foregoing, grading or working upon said real estate; or (ii) any act o r omission of Pacific Roots or Pacific Root’s contractors, or subcontractors, or any empl oyee of the foregoing in connection with the design, construction or other work p erformed by them in connection with this Agreement, includi ng without limitation all claims relating to injury or deat h of any person or damage to any property, except for suc h claims, demands, causes of action , liability or loss arising out of the sole negligence or intentional Exhibit 3
37 6

acts of the City or any of its officials, boards or commissions or members thereof, agents or employees. City shall not be responsible for the design o r construction of the Improvements pursuant to the plans, regardless of any negligent action or inaction taken by City in approving the plans unless the particular improvement design was specifically required by City over written objection by Pacific Roots submitted to the City Engineer before construction and acceptance of the Improve ments, which ob jection indicated that the parti cular improv ement design was dangerous or defective and suggested an alternate safe and feasible design. Prior to acceptance Pacific Roots shall remain obligated for routine maintenance of the Improvements . Af ter acceptance, City shall be obligated for the ro utine maintenance of all Improvement s but Pacific Roots shall remain obligated to eliminate any defect in design or dangerous condition caused by any design or construction defect. Provisions of this Sectio n shall remain in full force and ef fect for one year following acceptance by City of t he Improvements. Pacific Roots shall reimburse City for all costs and expenses (including but not limited to fees and charges of architects, engineers, attorneys, and other professionals, and court costs) incurred by City in enfo rcing the provisions of this Section.

11. Insurance. Any use by any person of the Impr ovements or any portion ther eof, shall be at the sole and exclusive risk of Pacific Roots prior to the City’s acceptance of the Improvements At all times after rec eiving the Notice to Proceed wi th Construction of Improvements and until the Improvements are accepted by the City Pacific Roots shall maintain, at no cost to the City, the following insurance which shall be provided on an occurrence basis:

(a) Commercial G eneral Liability Insurance . Pacific Roots shall maintain (primary) commercial general liability insurance, including coverage for bodily injury and property damage on a form acceptable to the City Attorney, including premises and operations liability, blanket contractual liability, broad for m property damage , including completed personal and advertising injury liability, and products and completed operations coverage. Policy limits shall be no less than one milli on dollars ($1,000,000) per occurrence and t wo million dollars ($2,000,000) aggregate. The City shall be added as an additional insured on a form approved by the City Attorney. Coverage shall apply on a primary non -contributing basis in re lation to any other insurance or self -insurance, primary or excess, available to the C ity or any employee or agent of the City and must include a severability of interest (cro ss liability) provision, that is, it shall act as though a separate policy were w ritten for each insured and additional insured named in the policy.

(b) Before commencing any construction work and during the course of construction, Pacific Roots agrees to obtain, and cause its contractor(s) to be obtain, with a responsible insurance carrier authorized under the laws of the State of Californ ia to insure employees aga inst liability for compensation under the Workers Compensation Insurance and Safe ty Act, c ompensation insurance covering full liability for compensation under said Act, fo r any person in jured while performing any work or labor inc idental to the work of the Improvements. During the course of construction, Pacific Roots shall, at its cost, keep in full force and effect a policy of builder's risk and liability insurance , including installation floater coverage, in a sum equal to the agreed full replacement cost of the Improvements, including the cost to construct the Public Improvements , prior to c ompletion of the Improvements in the amount of sixty thousand dollars ( $60,000). All Exhibit 3
38 7

risk of loss or damage to the Improvements during the course of construction shall be on Pacific Roots with the proceeds from insurance thereon payable to Pacific Roots. The City and Pacific Root’s general contractor shall be additional named insureds on Pacific Root’s Builder’s risk and liability insurance.

(c) Pacific Roots shall provide thirty (30) days written notice to City prior to te rmination, cancellation or modification of the insurance specified herein. The insurance specified herein above shall (i) name City as additional insured , (ii) name City as a loss payee, and (iii) provide that City, although an additional insured or loss payee, may recover for any l oss suf fered by reason of the a cts or omissions of Pacific Roots or Pacific Root’s contractors or subcontractors and shall be endorsed to waive all rights to recover a gainst City for any loss or damage arising from a cause covered by the insurance required to be carried pursuant to this Agreem ent, and will cause each insurer to waive a ll rights of subrogation against City in connection the rewith.

All policies shall be w ritten on an occurrence basis and not on a claims made basis and shall be issued by insur ance companies acceptable to City. Pri or to commencing any work pursuant this Agreement, Pacific Roots shall deliver to City the insuran ce c ompany’s certificate eviden cing the required coverage, or if required by City a copy of the policies obtained. Not later than thirty (30) days prior to policy expiration date on the current certifi cate of insurance, the Pacific Roots shall deliver to t he C ity a new and updated certi ficate of insurance evidencing all required coverage remains in place.

12. Default.

(a) Default of Pacific Roots shall include, but not be li mited to: (1) failure to timely commence construction of the Improvements; (2) f ailure to complete construction of the Improvements within the time limitations set forth in the Schedule of Performance; (3) failure to timely cure any defect of the Improvements; (4) failure to perform substantial construction work for a period of thirty (30) calendar days after comm encement of the work; (5) Pacific Root’s insolvency, appointment of a receiver, or the fi ling of any petition in bankruptcy either voluntary or involuntary which Pacific Roots fails to discharge within thirty (30) days; (6) failure to perform any other obl igation under this Agreement. Notwithstanding the foregoing, Pacific Roots shall not be in default under this Agreement if it cures any default within thirty (30) days of City’s written notice of such default, or if the defau lt may not reasonably be cur ed within such time period, if it commences to cure within thirty (30) days and thereafter d iligently proceeds to complete the cure.

(b) City reserves to itself all remedies available to it at law or in equity for breach of Pacific Root’s obligations under this Agreement. City shall have the right, subject to this Section, to draw upon or utilize the Performance Deposit to mitigate City’s damages in the event of default by t he Pacific Roots. The r ight of City to draw upon or uti lize the Performance Deposit i s additional to, and not in lieu of, any other remedy available to City. It is specifically recognized that the estimated costs and security amounts may not reflect the actual cost of construction or installation of the Improvements and, therefore, City’s damages for Pacific Root’s default shall not exceed the cost of completing the Improvements. The sums provided by the Performance Exhibit 3
39 8

Deposit may be used by City for the completion of t he Improvements in acc ordance with the Improvement Plans referenced herein.

(c) In the event of Pacific Root ’s default under this Agreement, Pacific Roots authorizes City to perform such obligation sixty (60) days after mailing written notice of default to Pacific Roots and agrees to pay the entire cost of such p erformance by City. City may take over the work and prosecute the same to completion by contract or by any other method City may deem advisable, for the account and at the expense of Pacific Roots, and Pacific Roots shall be liable to the City for any excess cost or d amages occasioned City thereby, including but not limited to fees and charges o f architects, engineers, attorneys, other professionals and c ourt costs. In such event, City, without liability for doing so, may take possession of, a nd utilize in completing the work, such materials, appliances, plants and other property belonging to Pacific Roots as may be on the site of the work and necessary for performance of the work.

(d) Failure of City to take an enforcement action with respect to a default, or to declare a breach, shall not be construed as a waiver of that default or breach or any subsequent default or breach by Pacific Roots.

13. Successors in Interest and Assigns. This Agreement is binding on the heirs, successors and assign s of the parti es hereto. Pacific Roots shall furnish any successors, assigns of transferees of any part or all of the Subject Property with a copy of this Agreement; provided, however, that Pacific Root’s failure, or that of any other per son, to so furnish such copy will not prejudice the rights of the City to require performance under this Agreement.

14. Time. Time is of the essenc e in the performance of the construction of the Improvements. required herein. This Agreement will expire only after completion of and Ci ty acceptance of the Improvements specified herein or upon the mutual written consent of both Pacific Roots and the City.

15. Notice.

Notice as given by each party of this Agreement shall be given to the other party at the address given below:

To City:

City Manager
211 Hillcrest Avenue
Marina, CA 93933

If to the Owner:

Alberto Marciano, Manager
6700 Pacific Coast Highway, Suite 201
Long Beach, CA 90803

With Copies to:

Exhibit 3
40 9

City Attorney
City of Marina
211 Hillcrest Avenue
Marina CA 93933

Notice sha ll be deemed effectively served upon deposit in the United States mail with first class postage affixed thereto.

16. Attorney’s Fees/Venue. If it becomes necessary for either party to bring a lawsuit to Enforce any of the provisions of this Agreement, t he parties ag ree that a court of competent Jurisdiction may determine and fix a reasonable attorney’s fee to be pai d to the prevailing party.

Any action arising out of this Agreement shall be brought in Monterey County, regardless of where else venue might be proper.

17. Independent Status. Pacific Roots is an independent entity from the City. Pacific Roots (and n ot the City) shall be responsible for the acts and omissions of its officers, a gents, employees, contractors and subcontractors, if any. Nothing in this Agreement shall be construed as creating a partnership or joint venture between City and Pacific Roots. Neither Pacific Roots, nor its officers, employees, agents , contractors or s ubcontractors, shall obtain any rights to retirement or other benefits which accrue to City employees.

18. Severability Should any portion of this Agreement be determined to b e void or unenforceable, such s hall be severed from the whole and the Agreement will continue as modified.

19. Construction, References, Captions. Since th e parties or their agents have participated fully in the preparation of this Agreement, the langu age of the Ag reement shall be construed simply, according to its fair meaning, and not strictly for or against any party. A ny term referencing time, days , or period for performance shall be deemed calendar days and not work days. The captions of the various sections are for convenience and ease of reference only, and do not define, limit, augment or describe the scope, content or intent of this Agreement.

20. Amendment or Modification . This Agreement may only be amended or modifi ed in a writing signed by Pacific Roots and the City.

21. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original.

22. Entire Agreement. This Agreement contains the entire agreement of the parties with respect to the matt ers as set forth in thi s 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.

Exhibit 3
41 10

IN WITNESS WHEREOF, Pacific Roots and the City by their duly authorized representatives have executed this Agreement on the dates set forth below.

CITY OF MARINA Pacific Roots MARINA, LLC

By: By: _________________________ Layne Long Name:

City Manager Managing Member

Date: ________________________ Date: ________________________

ATTEST:

By:

City Clerk

APPROVED AS TO FORM:

By:

For the City Attorney
Exhibit 3
42 11

EXHIBITS TO BE ATTACHED

EXHIBIT “A”

PLAT SHOWING THE PROPERTY

EXHIBIT "B"

LOCATION OF IMPROVEMENTS

EXHIBIT ‘C’

SCHEDULE OF PERFORMANCE
(To be added)

EXHIBIT D

GENERAL STIPULATIONS
Exhibit 3
43 12

EXHIBIT D
General Stipulations

1. Locate and properly dispose of any wells, septic tanks and underground fuel storage facilities.

2. Schedule the construction of improvements along existing pu blic roads so that the work affecting vehicular traffic is complete with a minimum interruption of traffic.

3. All wor k within the public right -of-way shall be sub ject to the ap proval of the Pu blic Works Director or his or her designee.

4. All construc tion work shall be coordinated so that th e existing residents and/or businesses have access to their properties.

5. All improvements shall be installed per the approved Improvement Plans.

6. Pacific Roots shall provide to the City of Marina electronic copy of the “as built ” and Improvement Plans as an AutoCAD drawing file (DWG format, latest AutoCAD edition).

7. Any r eimbursements due Pacific Roots, unless speci fied otherwise in writing in t his Agreement, will expire ten (10) years after the date of execution of this Agreement.

8. Until the roads on the Property are open to the public, Pacific Roots shall give good and adequate warning to the public of each and every dangerous condition on the existing public roads, and will take all reasonable actions to protect the public from such dangerous condition.

9. Prior to the acceptance of any dedications or Improvements by City, Pacific Roots shall certify and warrant that neith er the property to be de dicated nor Pacific Roots is in violation of any environmental law and neither the property to be dedicated nor the Pacific Roots is subject to any existing, pending or thre atened investigation by any federal, state or local governm ental authority under or in conn ection with environmental law. Neither Pacific Roots nor any third party will use, generate, manufacture, produce, or release, on, under, or about the property to be dedicated, any hazardous substance except in compliance with all applicable environmental laws. Pacific Roots has not caused or permitted the release of, and has no knowledge o f the release or presence of, any hazardous substance on the property to be de dicated or the migration of any hazardous su bstance from or to any other pr operty adjacent to, or in the vicinity of, the property to be dedicated. Pacific Root’S prior and pres ent use of the property to be dedicated has not resulted in the release of any hazardous substance on the property to be ded icated. Pacific Roots shall give prompt written notice to City at the address set forth herein of: (i) Any proceeding or investigati on by any federal, state or local governmental authority with respect to the presence of any hazardous substance on the property to be ded icated or t he migration thereof from or to any other property adjacent to, or in the vicinity of, the property to be dedicated; (ii) Any claims made or threatened by any third party against City or the property to be dedicated relating to any loss or injur y resulting from any hazardous substance; and, (iii) Pacific Root’S discovery of any occurrence or condition on any pr operty adjoining in the vicinity of the property to be dedicated that could cau se the property to be dedicated or any part thereof to be subject amy restrictions on its ownership, occupancy, use for the purpose for which it is intended, transferability or suit under any environmental law.

Exhibit 3
44 13

10. Nothing contained in this Agreement shal l preclude City from expending monies pursuan t to agreements c oncurrently o r previously executed between the parties, or from entering int o agreements with other developers for the apportionment of costs of water and sewer mains, or other improvements, pur suant to the provisions of the City ordinance s providing th erefore, nor shall anything in this Agreement commit City to any such apportionment.

Exhibit 3
45 Exhibit B
RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MA RINA

DENYING THE MODIFICATIONS TO AN APPROVED USE PERMIT AND

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

WHEREAS, on June 10, 2020, the City Council adopted Resolution No. 202 0-65 approving a Cannabis CUP to allow a combined Medical/Adult Cannabis Dispensary Use at 3100 Del Monte Blvd. The applicant has until January 3, 2023, to complete all Conditions of Approval (COA).

To be in compliance with COA #10 Permit Expiration, which gives the applicant one year to complete all conditions after the date of occupancy, the following three (3) COAs below need to be completed:

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

6. Public Improvements – In accordance with Marina Municipal Code Chapter 15.36, public improvements shall be designed and installed by the applicant or property owner to the satisf action 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, and

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

WHEREAS, on August 17, 2021, the City Council granted a 120-day extension to complete the improvements, 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 COA #1 and to request an extension of Conditions of Approval (COA) #6 and #7 for one additional year until January 3, 2024; and

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

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

46 Resolution 2023-

WHEREAS, on November 7, 2022, applicant updated its request for the extension of the public improvements from one (1) year to three (3) months; and

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

NOW, THEREFORE, THE City Council of the City of Marina DOES HEREBY RESOLVE AS FOLLOWS:

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

2. Based upon the findings of denial, the City Council denies the modifications to the approved use permit and denies 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).

3. The City Council finds the project would be exempt from environmental review under Statutory Exemptions per Section 15270 (Projects which are Disapproved) of the CEQA Guidelines.

4. This Resolution shall take effect immediately upon its passage and adoption.

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 improve ments 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 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 47 Resolution 2023-

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. Ther efore, accessing the site will continue to not meet current standards.

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 the 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 o f 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 may include, but are not limited to, arc hitectural 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 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 c hanges 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 removing are not thoroughly justified 48 Resolution 2023-

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.

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 22ND day of February 2023, 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
49 Attachment 1
50 Attachment 1
51 Attachment 1
52 Attachment 2
53 Attachment 2
54 Attachment 3
55 Attachment 3
56 Attachment 3
57 ORDINANCE NO. 2018-09
Initiative Measure to be Submitted Directly to the Voters

AN ORDINANCE OF THE PEOPLE OF THE CITY OF MARINA

ALLOW CANNABIS BUSINESS ACTIVITY AND ESTABLISH TAXES AND FEES

FOR SUCH BUSINESSES WITHIN THE CITY OF MARINA, AMENDING TITLE AND

CHAPTER ESTABLISHING CANNABIS BUSINESS ACTIVITIES AS A USE

ALLOWED SUBJECT TO A USE PERMIT IN SPECIFIED ZONES AND
ESTABLISHING USES TO PROTECT PUBLIC HEALTH, SAFETY & WELFARE.

THE PEOPLE OF THE CITY OF MARINA DO HEREBY ORDAIN AS FOLLOWS:

Section 1. Establish. Chapter 19 of the City of Marina’s Municipal Code is hereby established to read as follows:

19.01.010 Title.

This chapter shall be known as the city of Marina Commercial Cannabis Activities ordinance.

The city of Marina hereinafter shall be called “city”. This chapter shall be applicable in the incorporated territory of the City. (Ord.2010-03 &1 (part), 2010)

19.01.020 Operative Date
“Operative date” means the first day of the first calendar quarter commencing more than one hundred days after the adoption of the ordinance codified in this chapter by a majority of the voters of the city voting thereon at the election to be held on November 6, 2018.

19.01.030 Purpose
This chapter is adopted to achieve the following, among other purposes, and directs that the provisions hereof be interpreted in order to accomplish those purposes:

A. Regulate Commercial Cannabis Activity (as defined below) if a majority of the qualified electors voting on the measure voted to approve the imposition of the tax at an election called for that purpose.

B. To promote the health, safety, morals, and general welfare of the residents and businesses within the City. The City is authorized to regulate this activity pursuant to the MAUCRSA. The goals of this regulation for Commercial Cannabis Activity include:

A. To minimize the size of the illegal market for Cannabis in the City and the surrounding regions.

B. To create jobs, tax revenue and economic growth for the City and its residents.

C. To enable law enforcement and regulators to have sufficient rights to inspect and audit Commercial Cannabis Activity and take expeditious action against Persons who violate the requirements of this Chapter.

D. To minimize social harms which may arise from Cannabis including youth consumption or intoxicated driving.

Attachment 4
58 Ordinance No. 2018-09
Page Two

C. To regulate the operation and location of Commercial Cannabis Activity such that public nuisance is minimized.

19.01.040 Definitions
The following words or phrases, whenever used in this Chapter, shall be given the following definitions:

A. "Adult cannabis" or "Adult cannabis product" " means a product containing cannabis, including, but not limited to, concentrates and extractions, intended to be sold for use by adults in California pursuant to the Adult Use of Marijuana Act of 2016 (Proposition 64), found at Section 11362.1 of the Health and Safety Code. For the purposes of this Title, "medical cannabis" does not include "industrial hemp" as defined by Section 81000 of the Food and Agricultural Code or Section 11018.5 of the Health and Safety Code.

B. “Adult Use Cannabis” means the non-medical use of cannabis by adults of age 21 and over as permitted by MAUCRSA and other applicable State and City laws.

C. “A-License” means a State License issued under Division 10, commencing with Section 26000 of the Business and Professions Code, for cannabis or cannabis products that are intended for adults 21 years of age and over and who do not possess physician’s recommendations or an interim license issued by the State for the same.

D. “A-Licensee” means any Person holding a State License under Division 10, commencing with Section 26000, of the Business and Professions Code for cannabis or cannabis products that are of age and over and who do not possess physician’s recommendations or an interim license issued by the State for the same.

D. “A-Licensee” means any Person holding a State License under Division 10, commencing with Section 26000, of the Business and Professions Code for cannabis or cannabis products that are intended for adults 21 years of age and over and who do not possess physician’s recommendations or an interim license issued by the State for the same.

E. “A-Permit” means a City Permit issued under this chapter for cannabis or cannabis products that are intended for adults 21 years of age and over and who do not possess physician’s recommendations.

F. “A-Permittee” means any Person holding a City Permit issued under this chapter for cannabis or cannabis products that are intended for adults 21 years of age and over and who do not possess physician’s recommendations.

G. "Bureau" means the Bureau of Medical Marijuana Regulation within the California Department of Consumer Affairs.

H. “Business and Professions Code” means the California Business and Professions code, as amended from time to time.

I. "Cannabinoid" or "phytocannabinoid" means a chemical compound that is unique to and derived from cannabis.

J. "Medical cannabis" or "Medical cannabis product" means a product containing cannabis, including, but not limited to, concentrates and extractions, intended to be sold for use by medical Cannabis patients in California pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362. 5 of the Health and Safety Code. For the purposes of this Title, "medical cannabis" does not include "industrial hemp" as defined by Section 81000 of the Food and Agricultural Code or Section 1 1018.5 of the Health and Safety Code.

Attachment 4
59 Ordinance No. 2018-09
Page Three

K. "Commercial medical cannabis activity" means the cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, on-site consumption or sale of medical cannabis or a medical cannabis product.

L. “Cannabis” shall have the same meaning as in Section 26000 of the Business and Professions Code.

M. “Cannabis Premises” means the designated structure or structures and land specified in the application that is owned, leased, or otherwise held under the control of the applicant or City Permittee where the Commercial Cannabis Activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one City Permittee.

N. “Cannabis Permit” means a permit issued by a city in the State (as defined below), including the City, and a license issued by the State, in each case, in accordance with, and to the extent required by, applicable State Law, in order to participate in a Commercial Cannabis Activity, such as Cultivation, Manufacturing, Distribution, Transportation, Testing, retail sale, or Delivery.

O. “Cannabis Permittee” means a Person who holds a Cannabis Permit.

P.“Cannabis Product” shall have the same meaning as in Section 11018.1 of the Health and Safety Code.

Q. "Cannabis concentrate" means manufactured cannabis that has undergone a process to concentrate the cannabinoid active ingredient, thereby increasing the product's potency.

R. "Canopy" means all areas occupied by any portion of a cannabis plant, inclusive of all vertical planes, whether contiguous or noncontiguous on any one site.

S. "Certificate of accreditation" means a certificate issued by an accrediting body to a licensed testing laboratory, entity, or site to be registered in the state.

T. “City” shall have the meaning assigned to such term in the Preamble of this Ordinance.

U. “City Code” means the City of Marina Municipal Code.

V. “City Council” means the current members of the City Council of the City.

X. “City Manager” means the individual duly appointed by a majority of the City Council to serve in the capacity as executive officer of the City on a permanent or interim basis or such other official as designated by the City to fulfill such duties.

Y. “City Permit” means a permit issued by the City, in accordance with this Chapter and State Law, authorizing participation in a Commercial Cannabis Activity, such as Cultivation, Manufacturing, Distribution, Testing, retail sale, or Delivery.

Z. “City Permittee” means a Person that has been issued a City Permit.

AA. “Commercial Cannabis Activity” includes the Cultivation, possession, Manufacture, Distribution, processing, storing, testing, packaging, labeling, Transportation, Delivery or sale of Cannabis and Cannabis Products as provided for in this chapter and Division 10, commencing with Section 26000, of the Business and Professions Code.

BB. "Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of medical or Adult cannabis. Within the definition of cultivation, the following specific License Types, corresponding to state cultivator license types set forth in California Business and Professions Code section 19332(g).

BB1. “CUP” means a Conditional Use Permit issued by the City in accordance with City Code.

CC. “Cultivation” means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of Cannabis.

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DD. “Cultivation Permit” means a City Permit for the Cultivation of Cannabis in accordance with the terms and conditions of this Chapter and the conditions of approval for the applicable City Permit issued to the particular Cultivation Permittee. Such Permits shall be associated with State License types 1A, 1B, 1C, 2A, 2B, 3A, 3B, 4, 5A or 5B or such other Cultivation license types created by the State.

EE. “Cultivation Permittee” means an applicant who has applied for and has been issued a Cultivation Permit by the City pursuant to the terms and conditions of this Chapter.

FF. “Deliver” or "Delivery" means the commercial transfer of medical or Adult cannabis, or medical or Adult cannabis products from a Permitte, up to an amount allowed by the Bureau, to a primary caregiver, customer, qualified patient or adult as defined in Section 1 1362.7 of the California Health and Safety Code, or a testing laboratory.

GG. "Dispensary" means a facility where medical Cannabis, medical cannabis products. Adult cannabis. Adult cannabis products or devices for the use of medical or Adult cannabis or medical or Adult cannabis products are offered, either individually or in any combination, for retail sale, including an establishment that delivers medical Cannabis and medical Cannabis products as part of a retail sale.

HH. “Distribution” means the procurement, sale, and transport of Cannabis and Cannabis Products between State Licensees, including any City Permittees who are State Licensees.

II. “Distribution Permit” means a City Permit for Distribution in accordance with the terms and conditions of this Chapter and the conditions of approval for the applicable City Permit issued to such Distribution Permittee. Such Permits shall be associated with State License Type 11 or such other Distribution license types created by the State.

JJ. “Distribution Permittee” means a Person that has been issued a Distribution Permit by the City pursuant to the terms and conditions of this Chapter.

KK. "Edible cannabis product" means manufactured cannabis that is intended to be used, in whole or in part, for human consumption, including, but not limited to, chewing gum. An edible Cannabis product is not considered food as defined by Section 109935 of the California Health and Safety Code or a drug as defined by Section 109925 of the California Health and Safety Code.

LL. “Fully Enclosed and Secure Structure” means (i) a space within a building, greenhouse or other structure which has a complete roof enclosure supported by connecting walls extending from the ground to the roof, which is reasonably secure against unauthorized entry and provides complete visual screening or is behind fencing or other features providing complete visual screening, and which is accessible only through one or more lockable doors and is inaccessible to minors
MM. Greenhouse" means a fully enclosed permanent structure with climate control, such as heating and ventilation capabilities and supplemental artificial lighting, and that uses a combination of natural and supplemental artificial lighting for cultivation.

NN. “Gross Receipts” means the total amount of the sales of a City Permittee, valued in money, whether paid in money or otherwise, without any deduction for the cost of materials used, any costs of transportation of the City Permittee, or any other expenses.

OO. “Health and Safety Code” means the California Health and Safety Code, as amended from time to time.

PP. "Identification card" has the same definition as in Section 11362.7 of the California Health and Safety Code, as it may be amended.

QQ. “Indoor Cultivation” means a Cultivation using exclusively artificial lighting.

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RR. "Licensee" means a person issued a state license under Chapter 3.5 (commencing with Section 19300) of the California Business and Professions Code, to engage m a commercial medical or Adult cannabis activity.

SS. "Licensing authority" means the state agency responsible for the issuance, renewal, or reinstatement of a license for commercial medical or Adult cannabis activities, or the state agency authorized to take disciplinary action against the license.

TT. "Nursery" means a licensee that produces only clones, immature plants, seeds, and other agricultural products used specifically for the planting, propagation, and cultivation of medical or Adult cannabis.

UU. "One ownership" and "owner" have the same definition as set forth in Chapter 21.06 of this Title.

WW. “Manufacture” means to compound, blend, extract, infuse, or otherwise make or prepare a Cannabis Product from such blends, extractions or infusions.

XX. "Manufactured cannabis" or "cannabis product" means raw Cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, an edible product, or a topical product.

YY. “Manufacturing Permit” means a City Permit to Manufacture in accordance with the terms and conditions of this Chapter and the conditions of approval for the applicable City Permit issued to the applicable Manufacturing Permittee. Such Permits shall be associated with State License types 6 or 7 or such other Manufacturing license types created by the State.

ZZ. “Manufacturing Permittee” means a Person that has been issued a Manufacturing Permit by the City.

AAA. "Manufacturing site" means a location that produces, prepares, propagates, or compounds manufactured medical or Adult cannabis or medical or Adult cannabis products, directly or indirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and is owned and operated by a licensee for these activities.

BBB. “Medicinal Cannabis” or “Medicinal Cannabis Product” means Cannabis or a Cannabis Product, respectively, intended to be sold for use pursuant to the Compassionate Use Act of 1996 (Proposition 215), found at Section 11362.5 of the Health and Safety Code, by a Medicinal Cannabis patient in California who possesses a physician’s recommendation.

CCC. “M-License” means a State License issued for Commercial Cannabis Activity involving Medicinal Cannabis.

DDD. “M-Licensee” means any Person holding a State License under Division 10, commencing with Section 26000, of the Business and Professions Code for Commercial Cannabis Activity involving Medicinal Cannabis or an interim license issued by the State for the same.

EEE. “M–Permit” means a City Permit issued under this chapter for Commercial Cannabis Activity involving Medicinal Cannabis.

FFF. “M-Permittee” means any Person holding a City Permit issued under this chapter for Commercial Cannabis Activity involving Medicinal Cannabis.

GGG. “Mixed Light Cultivation” means a Cultivation facility using a combination of natural and supplemental artificial lighting.

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HHH. “Modular Building” means a structure that is transportable in one or more sections and is designed or equipped for the Manufacturing of Cannabis Products, including the compliance with all safety requirements set forth by the City.

III. “Ordinance” shall have the meaning assigned to such term in the Preamble of this Ordinance.

JJJ. “ Outdoor Cultivation ” means any Cultivation conducted without the use of artificial lighting.

KKK. “ Permit Zone ” means, with respect to a Person holding a City Permit, the zones or portions of the City where such City Permi t type is permitted to operate. Such Permit Zones may be amended from time -to-time by a majority vote of the City Council. To the extent not otherwise specified in this definition, a City Permittee shall be able to operate in any portion of the City which complies with the zoning, radius and other requirements of Section 17.06.

The initial Permit Zones shall be as follows:
(1) With respect to Retail Permits, Airport District (AP-2/3), Business Park (BP), Business Park Small Lot Combining District (BP/P), Retail Business District (C -1), General Commercial District (C-2), Planned Commercial District (PC) and Transitional Zoning District (T-B-5).
(2) With respect to Cultivation Permits for Indoor Cultivation, Airport District (AP -2/3), Business Park (BP), Busines s Park Small Lot Combining District (BP/P) and Transitional Zoning District (T-B-5).
(3) With respect to Cultivation Permits for Outdoor Cultivation, no zones will permit outdoor cultivation.
(4) With respect to Cultivation Permits for Mixed Light Cultivation, Air port District (AP- 2/3), Business Park (BP), Business Park Small Lot Combining District (BP/P) and Transitional Zoning District (T-B-5).
(5) With respect to Distribution Permits, Airport District (AP -2/3), Business Park (BP), Business Park Small Lot Combining D istrict (BP/P), Retail Business District (C -1), General Commercial District (C-2), Planned Commercial District (PC) and Transitional Zoning District (T-B-5) or, if such Distribution Permit is held by a Permittee who also holds another City Permit type, the location where the operations of such City Permit type are conducted (e.g. the site of a Cultivation Permit). (6) With respect to Manufacturing Permits, Airport District (AP -2/3), Business Park (BP), Business Park Small Lot Combining District (BP/P), Retail B usiness District (C -1), General Commercial District (C-2), Planned Commercial District (PC) and Transitional Zoning District (T-B-5).
(7) With respect to Testing Permits, Airport District (AP-2/3), Business Park (BP), Business Park Small Lot Combining District (BP/P), Retail Business District (C -1), General Commercial District (C-2), Planned Commercial District (PC) and Transitional Zoning District (T-B-5).

LLL. "Permittee" means a person issued a commercial cannabis permit under Chapter 7.90.

MMM. "Person" means an individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number.

NNN. “Physician Services” means the consultation by a State-licensed physician of a patient with the possible recommendation by such physician of Medicinal Cannabis for such patient.

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OOO. "Primary caregiver" has the same definition as in Section 11362. 7 of the California Health and Safety Code, as it may be amended.

PPP. "Public park" means an area created, established, designated, or maintained by the special district, a County, the State, or the Federal government for public play, recreation, or enjoyment or for the protection of natural resources and features at the site.

QQQ. "Qualified patient" has the same definition as in Section 11362. 7 of the California Health and Safety Code, as it may be amended.

RRR. “Retail Establishment” means a premises where Cannabis or Cannabis Products are offered, either individually or in any combination, for retail sale or Delivery to customers, patients or primary caregivers pursuant to State Law.

SSS. “Retail Permit” means a City Permit to sell and Deliver Cannabis and Cannabis Products to customers, patients and primary caregivers in accordance with the terms and conditions of this Chapter and the conditions of approval for the applicable City Permit issued to the particular Retail Permittee. Such Permits shall be associated with State License type 10 or such other Retail license types created by the State.

TTT. “Retail Permittee” means a Person that has been issued a Retail Permit by the City pursuant to the terms and conditions of this Chapter.

UUU. "State" means the State of California.

VVV. "State license", "license, " or "registration" means a state license issued pursuant to California Business & Professions Code Sections 19300, et seq.

WWW. “State Law” means all laws of the State, including all rules and regulations adopted by State agencies and State regulatory entities.

XXX. State License” means a State License issued under Division 10, commencing with Section 26000, of the Business and Professions Code, and includes both an A-License and M- Licenses as well as a testing License.

YYY. “State License Deadline” means [the later of (i) the first anniversary of the date on which the Bureau of Cannabis Control posts a notice on its website or otherwise publicly announces that state licensing authorities have commenced issuing State Licenses, or (ii) the applicable date upon which a Person with a City License must obtain a State License to comply with State Law.

ZZZ. “State Licensee” means a Person that has been issued a State License.

AAAA. “Testing” means the testing of the quality, makeup or purity of Cannabis and Cannabis Products as required by applicable State Law.

BBBB. “Testing Permit” means a City Permit for Testing pursuant to the terms and conditions of this Chapter and the conditions of approval for the applicable City Permit issued to the particular Testing Permittee. Such Permits shall be associated with State License 8 or such other Testing license types created by the State
CCCC. “Testing Permittee” means a Person who has been issued a Testing Permit by the City pursuant to the terms and conditions of this Chapter.

DDDD. "Testing laboratory" means a facility, entity, or site in the state that offers or performs test of medical cannabis or medical cannabis products and that is both of the following:

1. Accredited by an accrediting body that is independent from all other persons involved in the medical cannabis industry in the state; and

2. Registered with the California State Department of Public Health.

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EEEE. "Transport" means the transfer of medical cannabis or medical cannabis products from the permitted business location of one licensee to the permitted business location of another licensee, for the purposes of conducting commercial medical Cannabis activity authorized pursuant to the California Business & Professions Code Sections 19300, et seq. 19-02 Cannabis Dispensaries and Operating Standard

19.02.010 Cannabis Dispensaries
Pursuant to Chapter and Section 5.08, it is unlawful for any owner, operator, or association to own, conduct, operate or maintain, or to participate therein, or to cause or to allow to be conducted, operated, or maintained, any dispensary, delivery or delivery only dispensary in or into the City unless there exists a valid business permit in compliance with the provisions of Chapter 15.08 and a permit issued under this Chapter. However, entities authorized under Marina Municipal Section 19.02.010 must abide by the same requirements imposed herein on dispensaries.

This Chapter, and the requirement to obtain a business and/or use permit, does not apply to the individual possession or cultivation of medical or Adult Cannabis for personal use, nor does this Chapter apply to the usage, distribution, cultivation or processing of medical or Adult cannabis by qualified patients or primary caregivers or qualified adults when such group is of three or less individuals, and distributing, cultivating or processing the cannabis from a residential unit or a single non-residential parcel of land. Associations of three or less qualified patients or primary caregivers shall not be required to obtain a permit under Chapter 17.48, but must comply with applicable State law.

The City Manager shall issue no more than three (3) valid permits for the operation of Medical Cannabis dispensaries in the City of Marina at any one time.

The City Manager shall issue no more than three (3) valid permits for the operation of Adult Cannabis dispensaries in the City of Marina at any one time.

No new Cannabis Premise shall be located within 600 feet of a school providing instruction in kindergarten or any grades 1 through 12, day care center, or youth center that is in existence at the time the license is issued. All distances shall be measured in a straight line, without regard to intervening structures, from the nearest point of the building or structure in which the Cannabis Premise is, or will be, located to the nearest property line of those uses describe in this Subsection.

Dispensaries shall not be located within one thousand hundred (1,000) feet of another dispensary, unless the adjacent dispensary is a medical dispensary locating next to an adult dispensary or the opposite.

19.02.020 ELIGIBILITY REQUIREMENT
A. No person may be allowed to have any position with a Dispensary other than that of Member if she or he has been convicted of:

1. Homicide;

2. Within the preceding 10 years, any serious or violent felony listed in Penal Code Section 1192.7(c) or Section 667^(c);

3. Within the preceding 10 years, any violation of Penal Code Sections 243 through 247, except for subdivision (a) of Section 243;
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4. Within the preceding 10 years, any offense under subdivisions (d) or (e) of Section 11357 or Section 11361, or Articles 1, 3, 5, 6, or 7 of Chapter 6 of Division 10 of the Health and Safety Code; or

5. Within the preceding 3 years any felony violation of Health and Safety Code Section 11358. Section 11359 or Section 11360.

B. Such other information deemed necessary to conduct any investigation or LiveScan Background check of the applicant, and for the City Manager to determine compliance with this Chapter, the City's Municipal Code and Zoning Code.

C. All applicants shall pay an application fee, a permit fee, and all inspection fees that may be required as part of the application process, as specified in the City's Master Fee Schedule.

D. At the time of submission of dispensary permit application, the applicant shall pay a dispensary permit application fee not to exceed $8,000. The fee amount shall be set by City Council resolution per the City's Master Fee Schedule.

E. Notarized, written authorization from the property owners) that a Commercial Cannabis Business may be operated at the site.

F. The name and address of Managers or responsible agents of the Commercial Cannabis Business, which shall be updated not less frequently than annually.

19.02.030 OPERATION PLAN
All applicants must provide a plan of operations that will describe how the dispensary will operate consistent with State Law and the provisions of this Chapter including but not limited controls to ensure medical or Adult cannabis will be dispensed only to qualified adults, qualified patients and primary caregivers. Dispensaries shall comply with Health and Safety Code Sections 11362. 7 et seq. and any other state laws that may be adopted concerning Medical or Adult Cannabis, California's Medical Marijuana Regulation and Safety Act, the Adult Use of Marijuana Act, the Attorney General's Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use, and any other applicable City laws or regulations, and shall pay all applicable state or local taxes. Dispensaries shall also comply with the operating standards set forth in this Section.

19.02.030 MEMBERSHIP.

A. Medical Dispensaries may consist only of Members.

B. Medical Dispensaries may only obtain Medical Cannabis from, and supply Medical Cannabis to, their Members.

C. Dispensaries may not admit any person as a Member without first verifying her or his status as a qualified patient or primary caregiver as defined by state law, and shall immediately cancel the membership of any person who diverts Medical Cannabis for non-medical use or in any minor not permitted by this Chapter or State law.

D. Physicians' recommendations shall be verified prior to granting membership and at least every twelve (12) months thereafter, and a physical or digital record shall be kept of such verification.

No Medical Cannabis may be dispensed except to a Member and pursuant to a recommendation that is no more than twelve (12) months old, unless the recommendation expressly states that it has a longer term or does not expire.

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E. Adult Dispensaries must comply with all aspects of the Adult Use of Marijuana Act and must receive a license from the State prior to start of operations, and shall maintain license throughout operations.

F. Non-Diversion. Medical dispensaries shall take all practicable steps necessary to prevent and deter diversion of Medical Cannabis to non-Members. Dispensaries must limit access to Medical Cannabis, Medical Cannabis Products and Edibles to authorized personnel only, and must maintain an inventory management system that accounts for all Medical Cannabis, Medical Cannabis Products and Edibles.

19.02.040 DISPENSING.

A. Medical Dispensary may not dispense to any person who is not a Member and may not dispense without first verifying membership.

B. Medical Dispensary may not provide more Medical Cannabis to an Individual than is necessary for that person's personal medical use.

C. Dispensary may not distribute free samples for promotional purposes outside of the Dispensary premises.

D. No dispensary shall dispense Medical Marijuana from more than one (1) location m the City of Marina.

E. No owner of dispensary in the City shall open a second dispensary in the City; except that medical dispensaries and co-located or adjacent Adult dispensaries may have the same ownership.

19.02.050 MEMBERS AND EMPLOYEES.

A. All employees and volunteers must be Members who are at least 21years of age.

B. Medical Dispensaries may not admit any person under 18 years of age to membership without written authorization of a parent or legal guardian. Any Member under 18 years of age shall be accompanied by a parent or legal guardian at all times that such person is at the Dispensary.

19.02.060 ADULT DISPENSARIES
All Adult Dispensaries must comply with all state law and shall comply with the following conditions:

A. Dispensary may not dispense to any person who is not 21 years of age or older.

B. Dispensary may not distribute free samples for promotional purposes outside of the Dispensary premises.

C. No dispensary shall dispense Adult Marijuana from more than one (1) location in the City of Marina, however, subject to State requirements, may have a co-located or adjacent Medical and Adult location.

D. No owner of dispensary in the City shall open a second dispensary in the City; except that medical dispensaries and co-located or adjacent Adult dispensaries may have the same ownership.

E. All adult dispensaries must hold a valid and current Use Permit from the City of Marina pursuant section 19.08.010 (d) of this chapter.

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19.02.070 SECURITY.

A security plan, as a separate document, outlining the proposed security arrangements to deter and prevent unauthorized entrance into areas containing medical or Adult Cannabis or medical or Adult cannabis products and theft of medical or Adult cannabis or medical or Adult cannabis products at the dispensary, in accordance with minimum security measures required by State law and the requirements herein. The security plan shall be reviewed and approved by the Police Department and the Office of the City Manager and shall be exempt from disclosure as a public record pursuant to Government Code Section 6255(a).

A. Dispensaries shall provide adequate security and lighting on-site to ensure the safety of persons and protect the premises from theft at all times. Lighting shall be of sufficient intensity to illuminate all areas of the parking lot, if any. Lighting shall comply with Marina Municipal Code 15.34.080.

B. Dispensaries must maintain security guards and camera coverage of their entire grounds to an extent sufficient to ensure the safety of persons and deter crime. Cameras must be maintained in good condition, and use a format approved by the City Manager or his/her designee, which is of adequate quality, color rendition and resolution to allow the ready identification of any individual committing a crime. The cameras shall be m use 24 hours per day, seven (7) days per week. The areas to be covered by the security cameras include, but are not limited to, dispensing areas, storage areas, cultivation areas, all doors, parking lots, anyplace where new product is delivered and any other area determined by the City Manager or her/his designee. Surveillance footage must be retained for a period of 90 days and made available to the Marina Police Department for purposes of investigation of alleged crimes, promptly upon request without the necessity of a warrant or subpoena.

C. Dispensaries must be equipped with an alarm system that is operated and monitored by a security company licensed by and in good standing with the California Department of Consumer Affairs. Alarms shall be maintained and in good working condition at all times.

D. In order to prevent unauthorized entry during non-business hours, a Dispensary shall either secure all points of entry with bars, retractable, folding or sliding metal gates, or metal rollup or accordion doors, none of which may be visible from the exterior, or provide at least one security guard during those hours.

E. Any security guards employed by Dispensaries shall be licensed and possess a valid Department of Consumer Affairs "Security Guard Card" at all times. Security personnel may not be armed.

F. All Medical or Adult Cannabis, Medical or Adult Cannabis Products and Edibles, except for limited amounts used for display purposes, samples or immediate sale, shall be securely stored at all times, and the entrance to all storage areas shall be locked and under the control of staff.

G. Dispensaries shall make transactions with payment methods other than cash when feasible.

All cash received, except that needed for retail customer transactions shall be kept in a secure receptacle such as a drop safe or other type of safe.

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H. Dispensaries shall notify the Marina Police Department and the licensing authority within 24 hours after discovering any of the following:

1. Significant discrepancies identified during inventory;

2. Diversion, theft, loss, or any criminal activity involving the dispensary or any agent or employee of the dispensary;

3. The loss or unauthorized alteration of records related to medical or Adult Cannabis, registered qualifying patients, primary caregivers, or dispensary employees or agents; or

4. Any other breach of security.

19.02.080 SIGNAGE
A. Sign shall be posted at the entrance to any Dispensary that includes the following language.

The required text shall be of sufficient size to be easily read from a distance of five feet.

FOR MEDICAL: This Dispensary only provides medical cannabis to Us members, who must have legally recognized California Medical Cannabis Identification Cards or a verifiable, - written recommendation from a physician for medical cannabis.

FOR ADULT:

This Dispensary only provides cannabis to adults who qualify under the Adult Use of Marijuana Act and applicable state law. No person under the age of 21 may enter this facility.

Providing cannabis products to those under 21 is illegal and shall be prosecuted to the fullest extent of the law.

B. A sign shall be posted in a conspicuous location inside the structure at the location advising:

FOR MEDICAL: This Dispensary is registered in accordance with the laws of the City of Marina. The sale of marijuana and the diversion of marijuana for non-medical purposes are violations of State law. The use of marijuana may impair a person's ability to drive a motor vehicle or operate heavy machinery.

FOR ADULT: This Dispensary is registered in accordance with the laws of the City of Marina. The sale of marijuana and the diversion of marijuana to persons under the age of 21 are violations of State law. The use of marijuana may impair a person's ability to drive a motor vehicle or operate heavy machinery.

C. No Cannabis products or graphics describing Cannabis shall be visible from the exterior of the property.

D. Signage for a dispensary shall comply with Marina Municipal Code 17.40.

19.02.090 DELIVERY
If the dispensary operations are proposed to include delivery, all employees of a dispensary delivering medical or Adult Cannabis or medical or Adult cannabis products shall carry a copy of the documentation listed below when making deliveries. This information shall be provided upon request to law enforcement officers and to employees of state and local agencies enforcing this Chapter.

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A. A copy of the dispensary's current permits, licenses, and entitlements authorizing them to provide delivery services;
B. The employee's government-issued identification;
A copy of the delivery request; and
C. Chain of custody records for all goods being delivered.

D. All onsite consumption permits shall be special business permits and shall be issued for a term of 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 the City Manager subject to Section

19.09. 19.02.100 NEIGHBORHOOD COMPATIBILITY.

A. Dispensaries shall be operated to ensure neighborhood compatibility, and shall take all steps necessary to ensure that customers do not create neighborhood disturbances.

B. Dispensaries shall provide the Police Department and all residents and property owners within 100 feet with the current name, phone number, secondary phone number, and e-mail address of an on-site community relations staff person to whom notice of any operating problems associated with the establishment may be reported. This information shall be updated as necessary to keep it current. Dispensaries shall encourage neighbors to call this person to try to solve any operating problems.

C. All Dispensaries shall have an on-site manager responsible for overall operation at all times they are open, and shall provide the Police Department with contact information for all such persons, including telephone number, street address and e-mail address. Dispensaries shall also provide the Police Department with the current name and phone numbers of at least one 24- houron-call manager. This information shall be updated as necessary to keep it current.

D. Dispensaries shall take all reasonable steps to discourage and correct objectionable conditions that constitute a public or private nuisance in parking areas, sidewalks, alleys and areas surrounding the premises and adjacent properties. Such conditions include, but are not limited to:
smoking; creating a noise disturbance; drinking; loitering; littering; and graffiti.

E. Dispensary will be of an architectural and visual quality and character which harmonizes with, and enhances, the surrounding area and that the design will avoid unduly large or obtrusive signs, un-landscaped parking areas, unduly bright or garish lighting, or design features which encourage loitering as determined by the Zoning Administrator.

F. That adequate litter receptacles will be provided where appropriate:

G. Where the dispensary or delivery only dispensary is in proximity to residential uses, it will be limited in hours of operation, and designed and operated, so as to avoid disruption of residents' sleep.

H. No cannabis or cannabis odors shall be detectable by sight or smell outside of a permitted facility.

I. Dispensaries shall ensure all graffiti is removed from property and parking lots under their control within 24 hours of its appearance.

J. Dispensaries shall operate only between the hours of 9:00 a.m. and 11:59 p.m.

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19.02.110 CONSUMPTION OF MEDICAL CANNABIS, TOBACCO AND ALCOHOL.

A. Smoking of Medical Cannabis is prohibited at Dispensaries.

B. Sale or consumption of tobacco is prohibited at Dispensaries.

C. Sale, service and consumption of alcoholic beverages at Dispensaries is prohibited, and Dispensaries shall prohibit any person in possession of an alcoholic beverage from entering or remaining on the premises.

D. This subdivision does not prohibit the testing of Medical or Adult Cannabis Products by staff of a Dispensary or the use of tinctures or topical Medical Cannabis Products that do not have intoxicating effects.

19.02.120 REGULATORY FEES; SELLER'S PERMIT
In addition to any other required conditions and mitigation measures approved by the Appropriate Authority, all of the following conditions shall apply to all permits for a medical or Adult cannabis dispensary:

A. The Cannabis dispensary shall allow access to dispensary facilities and records if requested by the City, its officers, or agents, and shall pay for an annual inspection and submit to inspections from the City or its officers to verify compliance with all relevant rules, regulations, and conditions.

B. The applicant, owner, and all permittees agree to submit to, and pay for, inspections of the operations and relevant records or documents necessary to determine compliance with this Chapter from any enforcement officer of the City or their designee.

C. Any person operating a medical or Adult Cannabis dispensary shall obtain a valid and fully executed commercial medical or Adult cannabis permit pursuant to 19.02 of the Marina Municipal Code prior to commencing operations and must maintain such permit in good standing in order to continue operations.

D. Upon implementation of state regulations pursuant to California Business and Professions Code Section 19320, a valid license from the State shall be required to operate any commercial medical cannabis activity.

E. The owner shall post or cause to be posted on site the Use Permit and all required City, County and state permits and licenses required to operate. Such posting shall be in a central location, visible to the patrons, at the operating site, and m all vehicles that deliver or transport marijuana.

F. The owner shall be responsible for ensuring that all commercial medical cannabis activities at the site operate in good standing with all permits and licenses required by the Marina Municipal Code and State law. Failure to take appropriate action to evict or otherwise remove permittees and persons conducting commercial medical Cannabis activities at the site who do not maintain permits or licenses in good standing with the City or State shall be grounds for the suspension or revocation of a Use Permit pursuant to Section 17.80 of the Marina Municipal Code.

G. Dispensaries shall comply with all physical accessibility requirements pursuant to American Disability Act.

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71 Ordinance No. 2018-09
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19.03 COMMERCIAL CANNABIS CULTIVATION AND OPERATING STANDARD It is hereby declared to be unlawful and a public nuisance for any person or persons owning, leasing, occupying, or having charge of possession of any legal parcel or premises within any zoning district m the City of Marina to cultivate marijuana except as provided for in this chapter.

No cultivation of Medical or Adult Marijuana at the premises or location shall be visible with the naked eye from any public or other private property, nor shall medical marijuana or any product containing medical marijuana be visible from the exterior of any premises.

No Medical or Adult Marijuana shall be dispensed from a cultivation site and shall not be open to the public.

In no case shall a building intended for residential use be used for the cultivation of cannabis.

The maximum size of any areas of cultivation shall not exceed any restrictions outlined in State law.

Security measures sufficient to restrict access to only those intended and to deter trespass and theft of medical or Adult cannabis or medical or Adult Cannabis products shall be provided and maintained. If on-site security is utilized, Security shall be licensed and possess a valid Department of Consumer Affairs "Security Guard Card" at all times.

Pesticides and fertilizers shall be properly labeled and stored to avoid contamination through erosion, leakage, or inadvertent damage from rodents, pests, or wildlife.

Water conservation measures, water capture systems, or grey water systems shall be incorporated in medical Cannabis cultivation operations in order to minimize use of water where feasible.

A. An Administrative Use Permit for medical Cannabis cultivation shall not be granted by the Appropriate Authority unless all of the following findings are made based on substantial evidence:

1. The cultivation, as proposed, will comply with all of the requirements of the State and City, and any additional conditions of license for the cultivation of medical or Adult cannabis.

2. The cultivation, as approved and conditioned, will not result in significant unavoidable impacts on the environment.

3. The cultivation includes adequate measures that minimize use of water for cannabis cultivation at the site.

4. The cultivation includes adequate measures to address the projected energy demand for Cannabis cultivation at the site.

5. The cultivation includes adequate quality control measures to ensure Cannabis cultivated at the site meets industry standards.

6. The cultivation 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.

7. The applicant, property owner, and permittees agree to submit to, and pay for, inspections of the operations and relevant records or documents necessary to determine compliance with this Chapter from any enforcement officer of the City of Marina or their designee.

Attachment 4
72 Ordinance No. 2018-09
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8. Any person cultivating cannabis shall obtain a valid and fully executed commercial Cannabis Permit pursuant to Chapter 5.04 of the Marina Municipal Code prior to commencing operations and must maintain such permit in good standing in order to continue operations.

9. The owner shall be responsible for ensuring that all commercial cannabis activities at the site operate in good standing with all permits and licenses required by State law. Failure to take appropriate action to evict or otherwise remove permittees and persons conducting commercial Cannabis activities at the site who do not maintain permits or licenses in good standing with the City, County or State shall be grounds for the suspension or revocation of a Use Permit pursuant to Section 19.09 of the City Code.

19.04 COMMERCIAL CANNABIS TESTING, and MANUFACTURING, OPERATING

STANDARD
It is hereby declared to be unlawful and a public nuisance for any person or persons owning, leasing, occupying, or having charge of possession of any legal parcel or premises within any zoning district in the City of Marina to test, manufacture Cannabis products, or to engage in research and development of cannabis except as provided for in this chapter.

No cannabis or Cannabis products at the premises or location shall be visible with the naked eye from any public or other private property, nor shall medical marijuana or any product containing medical marijuana be visible from the exterior of any premises.

No Medical or Adult Marijuana shall be dispensed from a testing, or manufacturing site and shall not be open to the public.

Security measures sufficient to restrict access to only those intended and to deter trespass and theft of medical or Adult Cannabis or medical or Adult Cannabis products shall be provided and maintained. If on-site security is utilized, Security shall be licensed and possess a valid Department of Consumer Affairs "Security Guard Card" at all times.

Hazardous materials shall be properly labeled and stored to avoid contamination through erosion, leakage, or inadvertent damage from rodents, pests, or wildlife.

A Use Permit for testing, and manufacturing of Cannabis and cannabis products shall not be granted by the Appropriate Authority or City unless all of the following findings are made based on substantial evidence:

1. The activity, as proposed, will comply with all of the requirements of the State and City, and any additional conditions of license for the testing, manufacturing, or research and development of Cannabis or cannabis products.

2. The use, as approved and conditioned, will not result in significant unavoidable impacts on the environment.

3. The use includes adequate measures that minimize use of water at the site.

4. The cultivation includes adequate quality control measures to ensure cannabis cultivated at the site meets industry standards.

Attachment 4
73 Ordinance No. 2018-09
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5. The use shall include 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.

6. The applicant, owner, and permittees agree to submit to, and pay for, inspections of the operations and relevant records or documents necessary to determine compliance with this Chapter from any enforcement officer of the City of Marina or their designee.

7. Any person testing, manufacturing or performing research and development operations using cannabis shall obtain a valid and fully executed commercial cannabis business license pursuant to Chapter 5.04 of the Marina Municipal Code prior to commencing operations and must maintain such permit in good standing in order to continue operations.

8. The owner shall be responsible for ensuring that all commercial cannabis activities at the site operate in good standing with all permits and licenses required by State law.

Failure to take appropriate action to evict or otherwise remove permittees and persons conducting commercial cannabis activities at the site who do not maintain permits or licenses in good standing with the City, County or State shall be grounds for the suspension or revocation of a Use Permit pursuant to Section 19.09 of the City Code.

19.05 CANNABIS DISTRIBUTION
Cannabis distribution facilities shall comply with all of the following requirements.

A. Cannabis distribution facilities shall be located only in zoning districts that specifically provide for this use.

B. Cannabis and cannabis products shall only be transported between permitted and licensed commercial cannabis operations.

C. Prior to transporting cannabis or cannabis products, the transporter shall complete an electronic shipping manifest. The shipping manifest shall include the unique identifier information from the cultivation source.

D. A physical copy of the shipping manifest shall be maintained during transportation and shall be made available upon request to law enforcement or any agents of the State or County charged with enforcement of this Chapter.

E. All cannabis uses that require transport licenses under SB94 but that are not Transport and Distribution Only Businesses shall receive a license for transport.

F. Distribution facilities shall maintain appropriate records of transactions and shipping manifests. An organized and clean method of storing and transporting cannabis and cannabis products shall be provided to maintain a clear chain of custody.

Attachment 4
74 Ordinance No. 2018-09
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G. Security measures sufficient to restrict access to only those intended and to deter trespass and theft of cannabis or Cannabis products shall be provided and maintained. Security measures at distribution facilities shall include, but are not limited to, the following:

1. Prevent individuals from loitering on the premises of the distribution facility if they are not engaging in activity expressly related to the operations of the distribution facility;

2. Store all cannabis and Cannabis products in a secured and locked safe room, safe, or vault, and in a manner as to prevent diversion, theft, and loss;

3. Install security cameras on site; and

4. Provide for on-site security personnel meeting the requirements and standards contained
within Chapter l9.02.070 of the Marina Municipal Code and approval by the Chief of Police.

H. The owner shall be responsible for ensuring that all commercial cannabis activities at the site operate in good standing with permits and licenses required by the Marina Municipal Code and State law. Failure to take appropriate action to evict or otherwise remove permittees and persons conducting commercial medical cannabis activities at the site who do not maintain permits or licenses in good standing with the City, County or State shall be grounds for the modification or revocation of a Use Permit pursuant to Section 19.09 of The City of Marina Code.

I. The transportation and distribution facilities and activities shall be maintained in accordance with the operating plans approved by the City.

19.06 PUBLIC HEARING
Applications for dispensaries shall be subject to a hearing and must provide Public notice of the hearing in accordance with on the application shall be given as provided in Section 17. 78.020.

The City Manager or designee shall be the investigating official referred to in Section 17.78.020 to whom the application shall be referred. In recommending the granting or denying of such permit and in granting or denying the same, the City Manager shall give particular consideration to the capacity, capitalization, and complaint history of the applicant and any other factors that m the City Manager's discretion he/she deems necessary to the peace, order and welfare of the public.

19.07 RANKING AND ALLOCATION PROCEDURE AND CRITERIA In the event that multiple applications are submitted for any Cannabis use that is restricted in number, the City Manager or designee shall use the following criteria for recommending to the City Council what applicant shall receive approval to operate.

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Businesses seeking a license to operate a dispensary or cultivation operation must submit the following for evaluation:

1. Business Plan: Applicants shall submit a Business Plan to the City that outlines an operational and financial plan. The Business Plan should include the names and resumes of key staff, operations plan, financial plan, sales projections and market study. Applicants are encouraged to provide a specific, written plan for how their operation will benefit the community.

2. Security Plan: All applicants shall submit a Security Plan outlining how the business expects to address security issues at their location.

3. Property Owner Approval: Applicants shall submit proof of approval of the owner of the real property where the proposed dispensary will be located if approved. Applicants are not required to have a signed lease, but a letter from the property owner indicating that:
a. The property owner is aware of and approves the use being proposed. b. The property owner will lease the property to the cannabis related use upon approval of application.
c. The property owner understands that licenses for cannabis related uses are for one year and can be revoked at the City's sole discretion with or without reason.

4. Live Scan: All principle employees of any cannabis related use must obtain a Live Scan and submit the results with their application.

19.08.010 SELECTION CRITERIA:

A. General Eligibility Review: In the event that an applicant is unable to meet the minimum eligibility criteria, their application shall be denied. Applicants will be evaluated on the following:

1. Live Scan Results: Applicant must not have any criminal convictions that would result in ineligibility as defined in section 19.02.020.

2. Application must be complete to be evaluated. Incomplete applications will be denied and must be resubmitted. Application fees must be paid for resubmittal.

3. Proposed location of business and proof of property owner's approval of use.

4. Indemnification agreement with the City.

B. Initial Ranking - The City shall open an application period of not less than 30 days to allow prospective Permittees to submit applications.

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76 Ordinance No. 2018-09
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1. Applicants will be evaluated on the following criteria:
a. Business Plan
i. A business plan that demonstrates prior successful business operations (which need not be Cannabis business related) at a similar scale of annual revenue for at least two years and / or capitalization sufficient to insure at least one year of operation will receive five points. A business plan without such demonstration will receive 0 points.
b. Local Enterprise & Community Benefits
i. Community benefits may include commitment to employ persons who are City of Marina residents. Other community benefits could include a commitment to working with Marina-located businesses (including capital), a commitment to sponsoring nonprofits and / or other similar specific commitments within the Marina community. A maximum of eight points will be awarded, with one point for every City of Marina resident that a business commits to employ, and one point for every specified annual substantial commitment to of the applicant's choice to any non-profit or business within the community.
c. Neighborhood Compatibility
i. Applicants which demonstrate neighborhood support with a majority of property owners within 250 feet will receive five points. Applicants who do not demonstrate neighborhood support with a majority of property owners within 250 feet will receive zero points.
d. Safety and Security Plan
i. The Marina Police Department will review the Safety and Security Plan and classify the Plan as inadequate, adequate or exemplary. Plans classified as inadequate will not be permitted to proceed. Plans classified as adequate will receive ten points.

Plans classified as exemplary will receive twenty points. e. From the initial ranking, up to twice as many qualified applicants as there are available licenses will be eligible for final ranking, as determined by the aggregate scores of the initial ranking.

C. Final Ranking

1. The top applicants equal to the number of licenses available will be eligible to apply for a Conditional Use Permit and license to engage in a commercial cannabis business.

Qualified applicants from the initial ranking may amend and combine their applications to optimize their scores. If following the opportunity to optimize scores, two or more applicants are tied, both applicants will proceed to the next step.

D. Use Permit:

1. Applicants shall complete phases 1-3 prior to applying for a Conditional Use Permit and license.

2. At the next available Planning Commission meeting, allowing time for Staff review, a public hearing for each top application shall be held.

3. Members of the public, adjacent property owners and other interested parties will be given the opportunity to present concerns or support, and provide additional consideration for potential permit conditions.

Attachment 4
77 Ordinance No. 2018-09
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4. Planning Commission will make a recommendation to City Council, including any conditions requested for final decision on awarding Use Permits and License.

5. At the next available City Council meeting, Planning Commission and Staff recommendations will be presented to City Council for final decision.

6. If an available license is not filled for any reason and a business that qualified under phases 1- -3 but was not selected to move forward in the process requests consideration for phase 4, consideration shall be granted in order of ranking.

E. Use Permits for Cannabis Uses are for one year and do not run with land. No vesting of any land use rights are conveyed with any use permit for a Cannabis related use. Holders of use permits shall have the opportunity administratively renew as long as the business has complied with all state and local ordinances and with Conditions of Approval, including the timely payment of all fees and taxes.

F. Cannabis Licenses are for one year and may be revoked at any time for failure to comply with all state and local ordinances, or for failure to comply with Conditions of Approval.

Licenses shall have the opportunity to automatically renew as long as the business has complied with all state and local ordinances and with Conditions of Approval, including the timely payment of all fees and taxes.

19.09 ENFORCEMENT
Violations of this Chapter shall constitute a public nuisance and may be enforced pursuant to the provisions of Chapter 17.80 of the Municipal Code any other law or ordinances it deems appropriate.

A. It shall be unlawful for any person to violate any provision, or to fail to comply with any of the requirements, of this Chapter. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of this Chapter shall be guilty of a misdemeanor. No proof of knowledge, intent, or other mental state is required to establish a violation.

B. Any condition caused or allowed to exist in violation of any of the provisions of this Chapter shall be deemed a public nuisance and shall, at the discretion of City, create a cause of action for penalty pursuant to Chapters 17.80 of this Code, and any other action authorized by law.

C. Each and every violation of this Chapter shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the City of Marina or otherwise authorized by law. Additionally, as a public nuisance, any violation of this Chapter shall be subject to injunctive relief, disgorgement of any payment to the City of Marina of any and all monies unlawfully obtained, costs of abatement, costs of restoration, costs of investigation, attorney fees, and any other relief or remedy available at law or in equity. The City of Marina may also pursue any and all remedies and actions available and applicable under state and local laws for any violations committed by the commercial medical or Adult cannabis activity or persons related thereto, or associated with, the commercial medical or Adult cannabis activity.

Attachment 4
78 Ordinance No. 2018-09
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19.10 APPEALS PROCESS
A. If the City Manager or his / her designee determines that grounds for suspension or revocation of the Use Permit exist pursuant to section 19.09, the City Manager or his / her designee shall issue a written Notice of Intention to revoke or suspend the Use Permit, as the case may be. The Notice of Intention shall be served on the property owner, as reported on the latest equalized assessment roll, and shall also be served on permittees on the property, as reported on the commercial medical cannabis permits issued pursuant to Chapterl9.02. The Notice of Intention shall be served by either personal delivery or by certified U.S. Mail, postage prepaid, return receipt requested. The Notice of Intention shall describe the property, the intention to revoke or suspend the Use Permit, the grounds for revocation or suspension, the action necessary to abate the violation, the time limit for compliance, and the right to a hearing. The Notice of Intention shall notify the owner and permittees of the opportunity to request a hearing before a Hearing Officer to present evidence as to why the Use Permit should not be suspended or revoked and shall notify them of the 10-day deadline to submit a written request for a hearing.

B. The owner and permittees shall have ten (10) calendar days from the service of the Notice of Intention to submit a written request for a hearing before the Hearing Officer. Failure to submit the written request for a hearing shall be deemed a waiver of the right to challenge the suspension or revocation of the Use Permit and a failure to exhaust administrative remedies. If the hearing is not timely requested, the City Manager or his / her designee may suspend or revoke the Use Permit in accordance with the Notice of Intention.

C. Upon receipt of a timely written request for a hearing, the City Manager or his / her designee shall appoint a hearing officer and set a date for a hearing to be held within 60 days of receipt of the request, unless an immediate threat to the public health, safety and welfare necessitates an earlier hearing date. Notice of the hearing, including the time, date, and location of the hearing, shall be served on the owner and permittees, such service to be accomplished by either personal delivery or by certified U. S. Mail, postage prepaid, return receipt requested.

D. Hearing by the Hearing Officer:

1. The Hearing Officer is authorized to conduct hearings, issue subpoenas, receive evidence, administer oaths, rule on questions of law and the admissibility of evidence, prepare a record of the proceedings, and reader decisions on the suspension or revocation of the Use Permit.

2. In any proceeding before a Hearing Officer, oral testimony offered as evidence shall be taken only on oath or affirmation, and the Hearing Officer, his/her clerk, or other designee shall have the power to administer oaths and affirmations and to certify to official acts.

3. All parties to the hearing shall have the opportunity to testify, introduce exhibits, call and examine witnesses, and cross examine opposing witnesses on any matter relevant to the issues.

4. Within thirty (30) calendar days after the close of the hearing, the Hearing Officer shall issue a written decision, including a statement of the basis for the decision. The Hearing Officer’s written decision shall constitute the final administrative decision of the City of Marina.

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79 Ordinance No. 2018-09
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5. In the event a civil action is initiated to obtain enforcement of the decision of the Hearing Officer, and judgment is entered to enforce the decision, the person against whom the order of enforcement has been entered shall be liable to pay the City's total costs of enforcement, including reasonable attorney fees.

6. If neither owner nor any permittee nor their authorized representatives appear at the noticed hearing, such failure to appear shall constitute an abandonment of the hearing request and a failure to exhaust administrative remedies.

19.11 SEVERABILITY
If any word, phrase, sentence, part, section, subsection, or other portion of this Chapter, or any application thereof to any person or circumstance is declared void, unconstitutional, or invalid for any reason, then such word, phrase, sentence, part, section, subsection, or other portion, or the prescribed application thereof, shall be severable, and the remaining provisions of this Chapter, and all applications thereof, not having been declared void, unconstitutional or invalid, shall remain in full force and effect. The City Council hereby declares that it would have passed this title, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional.

Section 2. Zoning. The following changes shall be made to Chapter 17 of the Marina Municipal Code including sections 17.22.030, 17.24.030, 17.28.020, 17.29.030, 17.31, 17.42.030,

17.06.020, 17.20.30 and 17..06..010.O, 17.06.010.P, and 17.06.010.Q.

1. The following sections of Chapter 17. shall have Cannabis Retailer added as land uses with a requirement of a Conditional Use Permit:
a. 17.28 Airport District (AP-2/3)
b. 17.29 Business Park (BP)
c. 17.31 Business Park Small Lot Combining District (BP/P) d.17.22 Retail Business District (C-1)
e. 17.24 General Commercial District (C-2)
f. 17.31 Planned Commercial District (PC)
g. 17.42 Transitional Zoning District (T-B-5)

2. The following sections of Chapter 17 shall have Cannabis Cultivation added as land uses with a requirement of a Conditional Use Permit:
a. 17.28 Airport District (AP-2/3)
b.17.29 Business Park (BP)
c. 17.31 Business Park Small Lot Combining District (BP/P) d.17.42 Transitional Zoning District (T-B-5

3. The following sections of Chapter 17 shall have shall have cannabis manufacturing, cannabis distribution and cannabis testing labs added as land uses with a requirement of a Conditional Use Permit:
a. 17.28 Airport District (AP-2/3)
b. 17.29 Business Park (BP)
c. 17.31 Business Park Small Lot Combining District (BP/P) d. 17.22 Retail Business District (C-1)
e. 17.24 General Commercial District (C-2)
f. 17.31 Planned Commercial District (PC)
g. 17.42 Transitional Zoning District (T-B-5)
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4. Sections 17.06..010.O and 17.06.010.P - These sections of Marina Municipal Code Chapter 17 the code shall be deleted.

5. Section 17.06.010.Q of will be deleted except for the following:
“A qualified patient, with an identification card, as defined in California Health and Safety Code Section 11362.7, may cultivate cannabis for noncommercial, personal purposes as set forth in Health and Safety Code Section 11362.77 per each qualified patient with an identification card, upon property she or he rents or owns and inhabits, either inside the dwelling or on land included in such rented or owned property or as permitted by the Adult Use of Marijuana Act, which provides that not more than six living marijuana plants may be planted, cultivated, harvested, dried, or processed by a person over the age of twenty-one inside a private residence, or inside an accessory building to a private residence that is fully enclosed and secure and located upon the grounds of the private residence, as an incidental use to the primary private residential use. Nothing in this chapter is intended to, nor shall it be construed to, preclude any landlord from limiting or prohibiting marijuana cultivation by its tenants. The cultivation shall be at a location on the property that is secluded so that it cannot be observed by a member of the public who passes by the property. This chapter shall be administratively enforced. (Ord. 2017-07 (Exh. A (part)), 2017; Ord. 2016-01 §§ 3, 4, 2016; Ord. 2007-03 § 2 (Exh. B), 2007; Ord. 2007-02 § 1, 2007; Ord. 2003-01 § 1 (part), 2003; Ord. 2002-03 § 1 (part), 2002; zoning ordinance dated 7/94 (part), 1994)”

6. Section 17.06.020(A and B) Use regulations shall be as follows:

A. No dancehall,, nightclub, commercial club, establishment or business where cannabis products or alcoholic beverages are served or sold for off-sale consumption, commercial place of amusement or recreation, including but not limited to an amusement center or arcade, or place where entertainers are provided whether as social companions or otherwise, shall be established in any zoning district in the city unless a use permit is first secured in each case.

B. A finding of public convenience or necessity is required for an establishment or business where cannabis products or alcoholic beverages are served or sold for on- and/or off-sale consumption within an area of undue concentration. Such finding shall require that selling of alcohol for on and/or off-sale consumption at the subject establishment of business:

1. Will not constitute a public nuisance;

2. Will not occur within six hundred feet of a park, youth center, or school providing instruction in kindergarten or any grades 1 through 12, day care center, or youth center that is in existence at the time the license is issued.

3. Will not contribute to law enforcement problems associated with an undue concentration of on and/or off-sale licenses in the vicinity of the subject business or establishment.

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81 Ordinance No. 2018-09
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Section 4: Use Permit. 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 the 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.

Section 5: Business License.

1. Section 5.20.020 shall be added to the Marina Municipal Code and state the following:

5.04.401 Cannabis Retailer: All establishments selling Cannabis or Cannabis Related Products for medicinal and adult use shall pay a business operations tax equal to a minimum of 2.5% of annual gross receipts prior to January 1, 2022, and no more than 5% (at the discretion of City Council) beginning January 1, 2022. Payments are due quarterly on July 1, October 1, January 1, and April 1 each year.

2. Section 5.20.030 shall be added to the Marina Municipal Code and state the following:

Non-Retail Cannabis Uses: All establishments manufacturing Cannabis related products or processing Cannabis related products, shall pay a business operations tax equal to a minimum of 2% of annual gross receipts prior to January 1, 2022, and no more than 5% (at the discretion of City Council) beginning January 1, 2022. Payments are due quarterly on July 1, October 1, January 1, and April 1 each year.

Section 6: Development/Operating Agreement. Section 5.04.403 shall be added to the Marina Municipal Code and state the following: Prior to operating in the City and as a condition of issuance of a Use Permit each Cannabis facility shall enter into an annual development/operating agreement with the City setting forth the terms and conditions under which the Cannabis facility will operate that are in addition to the requirements of this chapter, including, but not limited to payment of fees and other charges as mutually agreed, and such other terms and conditions that will protect and promote the public health, safety and welfare.

Section 7: Fees. Section 5.04.403 shall be added to the Marina Municipal Code and state the following:

1. Amend the City Fee Schedule to include "Cannabis Dispensary Application Use Permit Fee" of $7,000.

2. Amend the City Fee Schedule to include "Non-Dispensary Cannabis Application Use Permit Fee" of $3,000.

Section 8. Approval by the Voters. This Ordinance shall be submitted to the voters at an election to be held November 6, 2018 and shall not be effective until so approved.

Section 9. Severability.

A. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in fall force and effect. To this end, provisions of this Ordinance are severable.

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B. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be held unconstitutional, invalid or unenforceable.

Section 10. Certification. Upon the approval by the voters, the Deputy City Clerk shall certify the passage of this Ordinance; and within fifteen days the Deputy City Clerk shall cause it to be posted in the three (3) public places designated by the City Council.

The foregoing ordinance was introduced at a regular meeting of the City Council of the City of Marina duly held on the 3rd day of July 2018 and was passed and adopted by the vote of the people of the City of Marina on November 6, 2018.

Bruce C. Delgado, Mayor

ATTEST:

Anita Sharp, Deputy City Clerk

APPROVED BY THE FOLLOWING VOTE of the people of the City of Marina on November 6, 2018.

YES: 4,351
No: 2,130

Attachment 4
83 February 10, 2023 Item No: 13b

Honorable Mayor and Members City Council Meeting
of the Marina City Council of February 22, 2023

CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2023 -,

APPOINTING MEMBERS TO A NEW TEMPORARY GENERAL PLAN
ADVISORY COMMITTEE (GPAC) AND ASSOCIATED BYLAWS. THE

FORMATION OF AN ADMINISTRATIVE COMMITTEE IS EXEMPT
FROM ENVIRONMENTAL REVIEW PER SEC. 15378 OF THE CEQA
GUIDELINES.

REQUEST:

It is requested that City Council consider adopting Resolution No. 20 23-, approving the establishment of a temporary General Plan Advisory Committee (GPAC) consisting of the following components:

1. Appoint the thirteen (13) individuals from the community on the list included as EXHIBIT A in the Resolution. These individuals make up a combination of Council recommendations and general public applications . Staff will verify final membership based on availability and commitment. The total GPAC membership is not to exceed 11-13 in number; and

2. Accept the GPAC bylaws incorporated by reference as EXHIBIT B in the Resolut ion. The bylaws establish meeting protocols, timeframe, and expectations.

BACKGROUND:

On October 20, 2022, the City executed an Agre ement for Professional Services (Agreement) with Raimi+Associates (R+A) to prep are a comprehensive General Plan Update (GP2 045), associated Environmental Impac t Report (EIR), and the necessary amendments to Title 17 of the Marina Municipal Code (MMC) as ne eded. As a component of the engagement and outreach activities identified in the approved S cope of Work (SOW), the GP2045 team (R+A and Planning staff) will conduct a wide variety of outreach and engagement activities including the facilitation of eight (8) to ten (10) meetings of the GPAC to obtain high -level feedback and to serve as a sounding board for content for public workshops.

ANALYSIS:

At the GP2045 k ick-off study session with the Planning Commission on January 25, 2023, the Council agreed to provide staff with three (3) names each of residents or business/property owners in Marina who they feel would provide a diver se and thoughtful membership on the GPAC and staff would supplement the remainder of the Committee with other community members or a combination of people who are willing and interested in committing to the long -term assignment. The Councilmembers’ recommendations were due February 8 th to st aff and an online application was made available to the general public through our social media and web platforms. Staff received 18 names from Council members and several applications from the general public. The final l ist is a combination of both Council recommendations and public applications.

The basic flow and logistics of the meetings are described in the consultant’s SOW (below) and in more detail in the attached Bylaws:

1 Staff heard from the Council and Planni ng Commissioners that one of the primary goals of the GPAC is to be inclusive and as diverse as the City itself. With this in mind, Staff tried to include the widest possible array of members based on geographic location (Council district), age, ethnicity, and business ownership. Please note that the GPAC is not the only opportunity to participate in the GPU process. There will be stakeholder interviews and meetings, community workshops, onlin e engagement through surveys and event announcements, pop -up tabl ing at community events, and social media blasts. Lastly, recommended committee members and those who submitted applications but were not sele cted will be added to the stakeholder list for direct interview s by the consultant team.

FISCAL IMPACT:

There may be incidental costs to the City outside the GPU budget snacks and other supplies for GPAC meetings.

CONCLUSION:

This request is submitted for City Council discussion and action.

Respectfully submitted, REVIEWED/CONCUR:

__________________________ __________________________ _____________________ Alyson Hunter, AICP Guido Persicone, AICP Layne P. Long Interim Planning Manager, Director, CDD City Manager Community Development Dept. City of Marina City of Marina City of Marina

2 RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA APPOINTING MEMBERS

TO THE TEMPORARY GENERAL PLAN ADVISORY COMMITTEE (GPAC) AND ACCEPTING THE GPAC BYLAWS.

WHEREAS, on October 20, 2022, the City executed an Agreement f or Professional Services (Agreement) with Raimi+Associates (R+A) to prepare a comprehensive General Plan Update (GP2045), associated Environmental Impact Report (EIR), and the necessary amendments to Title 17 of the Marina Municipal Code (MMC) as needed;

WHEREAS, as a component of the engagement and outreach activities identified in the approved contract, the GP2045 team (R+A and Planning sta ff) will conduct a wide variety of outreach and engagement activities including the facilitation of eight (8) to ten (10) meetings of the 11-13 member GPAC which will provide high-level feedbac k and serve as a sounding board for content for public workshops;

WHEREAS, at the GP2045 kick -off study session with the Plan ning Commission on January 25, 2023, the Council agreed to provide staff with three (3) names each of residents or business/property owners in Marina who they feel would provide a diverse and thoughtful membership on the GPAC and staff would supplement the remainder of the Committee with other community members or a combination of people who are willing and interested in committing to the long-term assignment;

WHEREAS, the City Council accep ts and appoints the selection of Council -recommended GPAC members incorporated herein as Exhibit “A”;

WHEREAS, the City Council accepts the GPAC Bylaws incorporated herein as Exhibit “B”; and

WHEREAS, the formation of and appointment to the temporary GPAC and the acc eptance of GPAC bylaws are exempt from environmental review per Section 15378(b)(5) of the California Environmental Quality Act (CEQA) as these a ctions in and of themselves are not a “project” which has a potential for resulting in either a d irect physical change in the environment, or a reasonably foresee able indirect physical change in the environment.

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

1. Appoints the recommended GPAC membership as provided herein (Exhibit A); and

2. Accepts the GPAC Bylaws as presented (Exhibit B).

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 22nd day of February, 2023, 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

Name District Veteran Business
Owner
Youth Educator
1 Wesley Haye 2 x
2 Manjeet Dhillon 3 x
3 Venetia Rivera 2

x
4 Maya Morrow 2 x
5 Catina Smith 2
6 Richard Zhang 1 x
7 Galia Baron 1
8 Daniel Munoz 4 x
9 Sheila Baker 4 x
10 Mia Nguyen 4
11 Cindy Burnham 2
12 Jhoei Pesadillo
13 Sean McCluskey 3
4 Exhibit B

GPAC Bylaws
5 General Plan Advisory
Committee – Overview and
Ground Rules
Th
e following ground rules are intended to provide the General Plan Advisory Committee (GPAC or Committee) members with an overview of the purpose and expectations for participation in the General Plan update, as well as a summary of the decision-making process that will be followed. The ground rules are intended to keep the Committee on schedule, as a key part of the General Plan Update project. Each meeting will be facilitated by the City’s General Plan Update consultant, Raimi+Associates (R+A) with assistance from City staff.

Advisory Committee Purpose
The City of Marina (City) GPAC will serve as champions of the project throughout the General Plan update process. Guidance related to goals and objectives for all the topics in the General Plan will be discussed with a focus on land use and transportation decisions. It is the GPAC’s charge to represent the community’s interests in the development of a plan that reflects the vision for the City’s future. The Committee will serve as a sounding board for ideas presented by the team and will be asked to come up with creative solutions that address the challenges fac ing the City today and in the coming 25 years.

Committee members are also expected to serve as “ambassadors” for the General Plan by promoting the process, talking with other residents and stakeholders , and assisting with community engagement activities.

Membership
• The Committee consists of eleven (11) – thirteen (13) members. The members are a combination of recommendations from each of the City Council members and members of the general public who submitted applications. The GPAC membership will be appointed by the City Council. • Committee members are not allowed to select an alternate if they cannot attend a meeting. • Committee members are appointed to advise on the General Plan update process. This process is expected to run until the end of 2024 but may be extended if needed. The Committee is considered a temporary committee that will be dissolved upon the completion and adoption of the General Plan Update process.
• The GPAC will have a quorum when six (6) members are present. Due to the fact that meetings must occur to keep the General Plan update process on schedule, meetings may be held without a quorum, but without a quorum, the Committee can only receive a presentation or information without discussion or action.

Level of Commitment and Responsibility
• There will be up to ten (10) GPAC meetings during the General Plan update process. The meetings will be held approximately monthly over the next 1.5 – 2 years.

CORRECT EXHIBIT B
• If a member is absent from two (2) meetings in a row or misses a total of three (3) meetings, the City Council may remove that member and replace them with an alternate. • Committee meetings will be held on the 1 st Thursday of the month, in the evening from approximately 6:00 to 8:30 pm. Meeting times and dates may change depending on circumstances. These meetings will be held in-person except for the consultant team which may need to conduct the meeting virtually. City staff will attend meetings in-person. • Committee members are expected to prepare for, attend and participate in every meeting to the greatest extent feasible. As needed, materials will be provided to members one week prior to each meeting via email. These materials will be the subject of the discussion, so it is important that each Committee member read the materials and come to the meeting prepared to discuss the information.
• Throughout the process, there will be many community engagement activities including public workshops, “pop- up” workshops, surveys, and focus groups. Committee members are also strongly encouraged to atte nd and assist with all public workshops and other events, as necessary.
• When members cannot attend a meeting of the Committee, they should notify Alyson Hunter, AICP, Interim Planning Manager , at [email protected] or at ( 831) 884-1251 as far in advance as possible. Members must be present to participate in consensus decision-making.

Decision-Making Process
• The Committee will operate in the spirit of consensus. Consensus does not connote 100 percent agreement on every issue, but rather, support for the recommendations taken as a whole. Where no consensus emerges, varying points of view will be presented to the General Plan consultant team and City staff.
• The Committee will play a critical role in guiding the General Plan update process. However, it is only one of many forms of input for decision -making. Additional input will come from public workshops, stakeholder interviews, pop- up workshops, online surveys, focus groups, Planning Commission meetings and City Council w orkshops. Thus, direction provided by the GPAC may not be the ultimate direction for a particular topic or policy. • Formal votes will not occur on any topic or specific issue as the purpose of the GPAC is to serve as a sounding board for City staff and the consultants. However, “straw polls” may be taken to understand the direction of the Committee.
• Every member is responsible for communicating their position on issues under consideration.

Each member is also encouraged to clearly state their intentions and concerns at the earliest possible time in the course of the discussions.
• Following each GPAC meeting, City staff and the consultants will summarize the direction and conclusions from that meeting. This will be a summary of the meeting; it will not be a transcript listing every comment made by each Committee member. This summary will be included in the meeting minutes that will be reviewed at the following GPAC meeting. This information will be used to set the broad policy direction of the General Plan. • Committee members may rely on meeting summaries to the extent possible and will refer questions about the views of others to those Committee members.

CORRECT EXHIBIT B
Meeting Structure and Basic Conduct
• The Committee will not have a Chair or a Vice Chair – all members are equal. City staff and/or a member of the Raimi + Associates consultant team (the City’s lead General Plan consultant) will act as the facilitators for the meetings, set meeting agendas, and determine the overall direction of the GPAC, in consultation with City staff.
• Committee members will not speak with the press about the General Plan Update . All media requests should be directed to City staff.
• All members agree to participate in good faith, as well as to respect the concerns of the other members. All Committee members are expected to participate in a constructive and professional manner and in a way that encourages constructive dialogue, mutual respect, and a commitment to collaboration. The following points are offered as examples of behavior expected of the GPAC members:
o Share the floor and make sure all members have an opportunity to express their point of view.
o Offer respect for different viewpoints and attention when others speak. o Share the responsibility of ensuring the success of the process and the quality of recommendations.
o Make good faith efforts to work towards reaching a consensus. o Represent the perspectives, concerns, and interests of agencies or constituencies whenever possible to ensure that agreements and recommendations developed by the group are acceptable to the organizations, agencies, or constituents being represented. o Ask questions of each other for clarification and mutual understanding. o Verify assumptions when necessary and avoid characterizing the motives of others. o Acknowledge and try to understand others’ perspectives. o Refrain from side conversations, both during the meeting and between meetings. o Silence all electronic devices and refrain from accessing digital platforms (Google, etc.) during the meetings.
o Concentrate on the content of discussions and allow the facilitator to focus on how to promote productive discussion.
• Unprofessional, divisive, and/or disrespectful behavior during or between meetings will not be tolerated. Members who act in this manner may be removed from the GPAC. Examples of this behavior include:
o Using foul or profane language in meetings.
o Making derogatory or disrespectful comments about other members. o Yelling during meetings.
o Frequent and/or disrespectful interruptions.
o Minimizing the viewpoints of others.
o Any other behavior that is deemed to be detrimental to Committee or disrespectful of any individual Committee member, consultants, or City staff.

CORRECT EXHIBIT B
Public Participation
• The GPAC is governed by the Ralph M. Brown Act. Discussions regarding the subject matter of the Committee should take place during a noticed, public meeting of the Committee. Please refrain from having such conversations outside a noticed meeting. This includes in person meetings, email chains, or social media.
• All GPAC meetings are open to the public and will be noticed on the project website. • Opportunities for limited public comment will be allowed at the end of each for a period of fifteen (15) minutes. These comments can help inform the Committee about broader public opinion.

Public comments will ideally be two minutes per participant but may be modified if more speakers are present than time allows. Time sharing between participants will not be allowed. • Members of the public will be invited to address the GPAC on items directly related to the discussion held during the Committee meeting.
• Meetings will not run over or reduce GPAC discussion time in exchange for public comment.

Individual time allotted to speakers from the public will be determined based on the number of people wishing to provide input.
• Meeting schedules, meeting materials and notes will be published on City’s General Plan website.

Conflicts of Interest
Committee members must comply with all regulations prohibiting participation by officials with conflicts of interest. Under the Political Reform Act, a member may have a disqualifying conflict of interest in a decision if it is foreseeable that the decision will have a financial impact on their personal finances or other financial interests. If a member believes they have a conflict of interest for a topic or property that is before the Committee, the member must recuse themselves by disclosing the conflict, leaving the room when the Committee discusses the item and not participate in the review or consideration of the item for which they have a conflict. Members should contact the City Attorney's office in advance if they have questions or concerns about potential conflicts.

Information Requests and Direction to Consultants
Relevant information can play an important role in the development of informed consent. At the same time, too much information or information of limited relevance can cause confusion and slow down the process. Where individual members wish to share written or printed information with the larger group, such information should be provided to City staff approximately 1 week and not less than 72 hours prior to any scheduled meeting to allow for duplication and/or distribution prior to the meeting.

In addition, requests for development of significant information or data from Committee members must be raised at scheduled Committee meetings or in writing to City staff. Staff will make reasonable attempts to address information requests by Committee members.

In order for the GPAC to be a productive and valuable part of the larger process, it is important for all the members to benefit from the same information.

CORRECT EXHIBIT B
January 10, 2023 Item No. 13c
Honorable Mayor and Members City Council Meeting
of the Marina City Council of February 22, 2023
CONSIDER PUBLIC MEETING FORMAT AFTER FEBRUARY 28, 2023, AND

PROVIDE DIRECTION TO STAFF
REQUEST:

It is requested the City Council consider the preferred public meeting format and provide direction to staff:

1. For Council meetings:
a. Return to in person meetings subject to traditional teleconferencing rules; OR b. Institute hybrid meetings in conformance with AB2449; and

2. For all subsidiary bodies, resume in person meetings bodies due to staffing demands.

BACKGROUND:

At the outset of the COVID-19 pandemic, Governor Gavin Newsom issued Executive Order (N- 29-20) that allowed teleconferencing exceptions to the Ralph M. Brown Act, Gov’t Code sections 54950–54963 (“Brown Act”) open meeting laws.

On September 16, 2021, the Governor signed California Assembly Bill 361 (“AB 361”) into law, which allowed public agencies to continue to meet virtually via teleconference during a proclaimed state of emergency, without having to meet the quorum, posting, access and other requirements of traditional teleconference meetings under the Brown Act.

On October 17, 2022, the Governor declared the state of emergency will end February 28, 2023.

As of March 1, 2023, public agencies will no longer be able to rely on AB 361’s provisions, and will be left with traditional Brown Act teleconferencing rules, as well as the new rules for virtual, remote meetings set forth in Assembly Bill 2449 (AB 2449).

AB 2449 provides complex and restrictive teleconference procedures for a hybrid model of physical and remote attendance for members of local legislative bodies, under certain specified circumstances.

DISCUSSION:

Current Rules through February 28, 2023
The Governor’s proclaimed state of emergency remains in effect. During this period, the City of Marina (“City”) may continue to meet virtually pursuant to the teleconferencing procedures found in AB 361, as long as the City Council approves a Resolution with certain factual determinations to justify remote or virtual meetings, e.g.., the meeting is held during a proclaimed state of emergency and the Council has already determined meeting in person would present imminent risks to the health or safety of attendees.

Continued from February 7, 2023
1 In compliance with AB 361, and as the state of emergency has remained active, the Council has continued to make findings supporting the teleconference meetings every thirty (30) days.

March 1, 2023 – January 1, 2026

Effective March 1, 2023, the Council has two options for meeting by teleconference, as summarized below:

1. Traditional Brown Act Teleconferencing Rules.1
The City may always determine to meet in person, and rely on the teleconferencing rules that applied pre-COVID. The meeting must be conducted so as to protect the rights of the public appearing before the body or wishing to comment. For example, all members of the public must be able to access the meeting and provide public comment, the teleconference locations must be identified in the agenda and open to the public, copies of the agenda must be posted at all teleconference locations, and all votes must be by roll call. Finally, at least a quorum of the Council who are participating remotely must do so from locations within the City’s jurisdiction.

2. AB 2449’s New Teleconferencing Rules.2
At least a quorum of the Council must participate in person from a single physical, public location clearly identified on the agenda and within the City’s jurisdiction. Unless a physical quorum is present, the Council may not utilize the new teleconferencing rules. If the physical attendance quorum requirement is met, AB 2449 permits a Councilmember who is not physically present to request virtual attendance at the meeting under two circumstances: (a) for “just cause” and (b) due to “emergency circumstances.” These meetings require additional staffing.

AB 2449 - Remote Participation for “Just Cause”
To attend remotely for “just cause,” a Councilmember must (1) notify the Council at the earliest opportunity of their need for such participation, and (2) provide a general description of the circumstances justifying virtual attendance. The notification may be made as late as the start of a regular meeting, and the Council does not need to take action to allow a member to attend virtually under such circumstances.

A Councilmember has “just cause” for remote participation when:
▪ There is a childcare or caregiving need (for a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner) that requires the member to participate remotely; ▪ A contagious illness prevents the Councilmember from attending the meeting in person; ▪ There is a need related to a defined physical or mental disability that is not otherwise accommodated for; or
▪ Traveling while on official business of the City or another state or local agency.

A Councilmember is limited to two (2) virtual attendances based on “just cause” per calendar year.

AB 2449 - Remote Participation Due to an Emergency
A Councilmember must make a request to the Council to allow remote participation due to an emergency circumstance, and must provide a general description of the circumstance justifying such attendance. The request must be made “as soon as possible,” and requires a separate request for each meeting. If the request does not allow sufficient time to be placed on the agenda as a proposed action item, the Council may take action at the beginning of the meeting.

1 Gov. Code § 54953 (b)
2 Gov. Code § 54953 (f)
2 The Council must take action to approve the remote attendance at the start of the meeting. If the Council votes not to accept the virtual attendance, the member may only participate as a general member of the public and cannot vote.

“Emergency circumstances” are defined as “a physical or family medical emergency that prevents a member from attending the meeting in person.” A Councilmember is not required to disclose any medical diagnosis or disability, or personal medical information already exempt from existing law.

AB 2449 - Additional General Requirements
AB 2449 imposes the following additional requirements on Councilmembers seeking to appear remotely at public meetings:

1. The Councilmember must publicly disclose whether any other individuals 18 years of age or older are present in the room with the member at the remote location, and the general nature of the member’s relationship with any such individuals;

2. A Councilmember must participate through both audio and visual technology; and

3. A Councilmember’s remote participation cannot be for more than three (3) consecutive months or twenty percent (20%) of the regular Council meetings within a calendar year.

Coordination will be important to ensure a physical quorum of the Council will be present before each hybrid meeting. Further, to ensure compliance with the law, staff will need to track each Councilmember’s request, how often a member has participated remotely and the reason for remote participation.

In addition to the above substantive requirements for virtual meetings, AB 2449 imposes the following requirements:

▪ The City must provide either a two-way audiovisual platform or a two-way telephonic service and a live webcasting of the meeting so that the public may remotely hear, observe, and address the Council during the meeting.
▪ The Council must also provide notice and post agendas as otherwise required under the Brown Act and must indicate how the public may access the meeting and offer comment.

The agenda must identify and include an opportunity for all persons to attend via a call-in option, an internet-based service option, and at the in-person location of the meeting. ▪ Public access only needs to be assured at the teleconference location identified as the singular physical location at which a quorum of the Council will conduct the meeting. ▪ An individual may be required to register for public comment before being allowed to provide public comment, where a third-party platform (such as Zoom or Microsoft Teams) is employed.
▪ The Council must implement procedures for receiving and swiftly resolving requests for reasonable accommodations for individuals with disabilities. ▪ No action can be taken if a disruption event prevents the Council from broadcasting the meeting.

January 1, 2026, and Beyond
After January 1, 2026, and unless further legislation is adopted, only the pre-pandemic, traditional Brown Act teleconferencing rules will remain in effect. 3 CEQA:

Direction as to the process for public meetings under the Brown Act is not subject to California Environmental Quality Act (CEQA) as it is not a “project” pursuant to Section 15378 of the CEQA Guidelines.

CONCLUSION:

Hybrid meetings may allow for more public participation as there are opportunities to attend in person or remotely. Councilmembers are also afforded some flexibility to participate remotely in limited circumstances.

Due to the need for additional staffing and the burdensome tracking requirements for hybrid meetings, however, it is recommended that all subsidiary legislative bodies of the City return to in-person meetings.

This request is submitted for City Council consideration and action.

Respectfully submitted,

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

4 February 13, 2023 Item No. 13d

Honorable Mayor and Members City Council Meeting
of the Marina City Council of February 22, 2023

CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2023-,

APPROVING AN AGREEMENT WITH TBWBH PROPS & MEASURES

FOR CONSULTING SERVICES TO ASSIST WITH PUBLIC

ENGAGEMENT, COMMUNITY OUTREACH AND MESSAGING

MATERIALS FOR A POTENTIAL BOND MEASURE FOR THE

CONSTRUCTION OF POLICE/FIRE/COMMUNITY CENTER CITY
FACILITIES.

REQUEST:

It is recommended that the City Council consider:

1. Adopting Resolution No. 2023-, approving an agreement with TBWBH Props & Measures for consulting services to assist with public engagement, community outreach and messaging materials for a potential bond measure for the construction of police/fire/community center city facilities; and

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

BACKGROUND:

On January 25, 2022, the City Council held a special city council meeting to discuss unmet facilities, infrastructure, public safety and staffing needs and possible funding options and strategies to address these needs. (“EXHIBIT A”).

Over the next five months, the City Council held many discussions and outreach meetings with the community including an opinion survey (“EXHIBIT B”) conducted by FM3 Research. Over the course of these community meetings, it was decided that a new fire station (including a ladder truck), a police station and community center/city hall facility needed to be built. The estimated cost to build all these facilities was estimated to be around $50 million dollars and that a General Obligation Bond which requires a 2/3 majority approval by the voters was the best option to move forward with construction of these facilities.

At the July 6, 2022 City Council meeting, the Council directed staff to bring back to the Council for approval a $50 million General Obligation Bond to be placed on the November 8, 2022 ballot.

The ballot measure language would read as follows:

“Marina emergency response, public safety, essential city services measure, - To ensure 9-1-1 emergency/medical/fire/disaster response, public safety by building a fire station, and a police station and improve essential services by building an earthquake-safe community center/city hall, shall the City of Marina’s measure authorizing $50,000,000 in bonds at legal rates, levying $74 per $100,000 of assessed value, providing $2,960,000 annually while bonds are outstanding, requiring public spending disclosure, oversight, all funds spent locally, be adopted?”

The direction from Council also included a discussion to engage a consulting firm to assist with the public engagement and education efforts for the potential General Obligation Bond ballot measure.

1 After reaching out to two consulting firms whose work primarily focuses on educational efforts for ballot measures, and after reviewing the opinion survey results from FM3 with both consulting firms, both of these firms recommended that the City not move forward with placing a measure on the ballot for November 2022, and instead continue with public engagement and education efforts to try and build more support, and possibly look at holding a special election for fiscal year 2023 or wait until the March 2024 primary or November 2024 presidential election.

ANALYSIS:

The City Council has directed staff to move forward with public engagement efforts regarding constructing new city facilities. The first step would be to hire a consulting firm to lead and assist with this public outreach and development of educational materials. It’s expected this would include preparation of materials assessing and establishing community needs, direct mailers, social media outreach, video work, website updates, public service announcements, stakeholder and community meetings etc.

Attached (“EXHIBIT C”) is a proposal from TBWBH Props & Measures. They work on a fixed- fee basis of $6,500 per month. Included in this fee is the preparation of materials assessing and establishing community needs, development of direct mailers, social media outreach, website updates, public service announcements, stakeholder and community meetings, etc. Other hard costs including printing, postage, video or advertising costs are additional to the fixed fee and are billed at cost. The total cost for TBWBH Props & Measures for the next eight months would be for an amount not to exceed $75,000.

After all the public engagement and outreach, another opinion survey would be conducted and based on the survey results a decision would be made on whether to place a General Obligation Bond on the ballot and which election (special, primary or general) would be the appropriate timing for the measure to succeed.

Based on the previous financial information for a General Obligation Bond, it was estimated that the cost to the average household owning a residential home in Marina would be about $29 per month or $350 per year.

FISCAL IMPACT
It’s estimated that a consultant will cost up to $75,000 depending on the public engagement and education materials and efforts required. This will be funded from unallocated fund balance.

CONCLUSION:

This request is submitted for City Council consideration and approval.

Respectfully submitted,

_______________________
Layne Long
City Manager
City of Marina

2 RESOLUTION NO. 2023-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA APPROVING AN

AGREEMENT WITH TBWBH PROPS & MEASURES FOR CONSULTING SERVICES TO

ASSIST WITH PUBLIC ENGAGEMENT, COMMUNITY OUTREACH AND MESSAGING

MATERIALS FOR A POTENTIAL BOND MEASURE FOR THE CONSTRUCTION OF

POLICE/FIRE/COMMUNITY CENTER CITY FACILITIES

WHEREAS, On January 25, 2022, the City Council held a special city council meeting to discuss unmet facilities, infrastructure, public safety and staffing needs and possible funding options and strategies to address these needs.

WHEREAS, At the July 6, 2022, City Council meeting, the Council directed staff to bring back to the Council for approval a $50 million General Obligation Bond to be placed on the November 8, 2022 ballot.

WHEREAS, the direction from Council also included a discussion to engage a consulting firm to assist with the public engagement and education efforts for the potential General Obligation Bond ballot measure

WHEREAS, The City Council has directed staff to move forward with public engagement efforts regarding constructing new city facilities. The first step would be to hire a consulting firm to lead and assist with this public outreach and development of educational materials.

WHEREAS, it is estimated that a consultant will cost up to $75,000 depending on the public engagement and education materials and efforts required. This will be funded from unallocated fund balance.

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

1. Approve an agreement with TBWBH Props & Measures for consulting services to assist with public engagement, community outreach and messaging materials for a potential bond measure for the construction of police/fire/community center city facilities; and

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

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 22nd day of February 2023 by the following vote:

AYES, COUNCIL MEMBERS:

NOES, COUNCIL MEMBERS:

ABSTAIN, COUNCIL MEMBERS:

ABSENT, COUNCIL MEMBERS:

Bruce C. Delgado, Mayor

ATTEST:

Anita Sharp, Deputy City Clerk
3 January 21, 2022 Item No.

Honorable Mayor and Members Special City Council Meeting of of the Marina City Council January 25, 2022

CITY COUNCIL DISCUSSION REGARDING UNMET COMMUNITY

FACILITIES, INFRASTRUCTURE, PUBLIC SAFETY & STAFFING

NEEDS AND POSSIBLE FUNDING OPTIONS AND STRATEGIES TO

ADDRESS THESE NEEDS AND PROVIDE DIRECTION TO CITY
STAFF
REQUEST:

It is requested the City Council consider:

1. Have a discussion regarding unmet community facilities, in frastructure, public safety & staffing needs and poss ible funding options and strategies to address these needs and provide direction to city staff.

DISCUSSION:

In October 2021, the final budget for fiscal years 2021/22 and 2022/23 was adopted. As part of the budget process, many public meeting s and hearings were held including a community survey. In these meetings many unmet community needs were discussed. In ado pting the budget which includes a capital improvement program, the City Council ranked/prioritized and funded some of the most important /urgent identified needs of the commun ity which were able to be funded through our ex isting revenue sources. Attached is thi s priority list. However, there are other community facilities, road and park in frastructure, public safety and new staffing needs that we re identified and discussed, but were not able to be funded due to lack of revenue. The City Council gave direc tion to staff to schedule a special study meeting to discuss these un met needs and explore possible funding options to address these needs which may include a future ballot measure for the public to vote.

Facility Needs
City Hall, Community Center, Council Chambers, Community Development Annex The current city hall and city council chambers are actually double-wide trailers hooked together that were installed at the civic center site back when the city was incorporated in 1975. The original plan was to start building a city hall within the next year. When the City’s General Plan was adopted back in the year 2000, again the building of a civic center was included as a top priority and several sites were identified including Locke Paddon Park.

These buildings are now over 45 years old and need significant maintenance, ADA updates, and repairs over the next five years just to be able to continue to be used. As the city has developed and city staff has grown over the years, the building space is not sufficient to accommodate existing and future needed staff positions. Additionally, with the new work environment changes that will be required to accommodate current and future COVID conditions, the existing space needs to be reconfigured to address safety needs for employees and the public.

The estimated cost just to address the minimum maintenance, ADA, repair and renovations needed to continue to work in these facilities is estimated at $7 million. This will leave a building that is still 45 years old that will not meet current and future space and staffing needs.

EXHIBIT A
4 A site has been identified in the City’s General Plan at Locke Paddon Park next to the library that can easily accommodate the construction of a new city hall. The very rough estimated cost to do this would be approximately $20 million dollars. We are working with a consultant to refine the costs better and will have updated costs at our Tuesday meeting.

Most cities across the country are never able to save up funds to build new facilities. If a city is trying to save up funds, usually the increase in construction costs and cost of living outpace your ability to save. Additionally, if a city tries to save up for facilities it often creates inequity in the community. A generation or longer of residents will pay taxes into a savings or reserve fund for a facility or desired need, but they will not be able to experience the quality of life improvement or use of that facility. Most facilities are built by cities by issuing some type of debt or bond issuance.

Police and Fire Facility
The existing police and fire station was built over twenty (20) years ago. It was designed and built to meet the needs of the community at that point in time, but as the city has grown over the past 20 years, the current building and location of the building will not meet the future public safety needs of the community.

In 2020 a fire study was completed that analyzed the city’s fire suppression, medical, and rescue operations; assessed the safety needs of the community; and identified hazards, risks, and challenges of the community. The study made recommendations to improve the delivery of fire and emergency services to the community.

The recommended time for a first fire response unit to arrive on the scene of a fire or medical emergency is 5 minutes 20 seconds. This includes dispatch and putting on turnouts time. Actual time driving from a fire station needs to be 4 minutes. The current performance of the Marina fire department is 8 minutes. To meet some of these needed standards a fire department needs to have sufficient staffing, and the departments fire resources (fire engines) need to be located close enough to the required service areas so that effective response times can occur within the identified time frames.

As cities incorporate and begin to grow, a fire station is typically located in the heart or center of the city so that adequate response times can be met. However, as cityies develop and spread out, the fire station located in the center of the city, often is no longer able to provide adequate response times to the newly developed areas of the community. This is exactly what is happening to Marina, particularly in the Dunes, Sea Haven and Abrams Park areas. The Presidio of Monterey (POM) Fire Department which is currently located in Seaside on General Jim Moore Blvd is closest to these areas and typically is the first responder to arrive on scene. This station will be closing in 18 months, and after that, the Dunes, Sea Haven and Abrams Park areas will not be able to have adequate fire and medical response times due to the location of fire stations in Marina.

The attached graphs show Marina’s current areas of 4 minute response time and what these areas will be like when the POM station relocates.

Additionally, the current Marina fire station was built too small and a ladder truck, which is one of the priority needs of the city, cannot fit in this station. It is critical that a new headquarter fire station be built that can house a ladder truck and is located in the area around California Avenue and Imjin Parkway to provide needed fire and medical coverage to the southern areas of Marina including Sea Haven, Dunes, Abrams Park and future annexed areas of the city.

In the near term, the existing headquarters fire station on Palm Avenue needs to be relocated to the north end of the city in the Vince DiMaggio Park area.

EXHIBIT A
5 The estimated cost of a new fire headquarters station is $10 – 15 million. In addition to a fire station, a $ 1.5 million fire ladder truck needs to be purchased.

Police Facility
A new police facility can be build built as part of the new city hall facility and that portion of the cost is estimated to be $ 12 million.

Other City Facilities
Other needed city facilities that have been identified are:

• Upgrades to community center, teen center, skate park - $ 1 million • Senior Center - $ 3-5 million. This could be included in a city hall building plan • Sports Center $ 3.5 – 4 million. Funded from FORA escrow bonds • Aquatic Center $ 8 – 10 million
• Arts Village $ 3 – 5 million
• Hockey Pavillion $ 3 million

Unmet Current Staffing Needs

While all city departments will need to add staffing a s continued growth of the community and service demands increase , as established by city policy, new staff must be funded by o ngoing revenue growth and not one-time revenues. This is why economic development and growth of our tax base is so critical to our city.

Currently, we have service level demands from the community that we are unable to meet due to lack of staffing and funding to support that staffing. These current needs include:
• Firefighters (3) to increase staffing from 2nd engine company fro m 2 firefighters to 3 per engine company - estimated annual cost $500,000
• Deputy Chief/Fire Marshall – estimated annual cost $125,000 • Affordable Housing/ Lease/ Grants Manager – estimated annual cost $150,000 • Human Resources/ Risk Managemen t/ Liab ility Manager/Director – estimated cost $200,000
• Public works maintenance workers (4) – estimated cost $100,000 each • Associate Engineer – estimated cost $155,000
• Code Enforcement Officer – estimated cost $100,000

Street Infrastructure
The city has implemented a pavement management street repair program with a goal of getting the condition of all city streets up to a rating of 70. Under this system a brand new street has a rating of 100 and a street undriv eable is rated 0. Currently, the city is al locating $1.6 million annually from the General Fund, $600,000 annual ly from measure X funds, and $ 400,000 annually from State road maintenance funds for a total of $2.6 million annually to repair streets. While we have made significant improvements to ou r streets with these additional funds to our street programs, with our current funding we are still unable to fix 26 identified streets in the city that over the next three years will need to be completely reconstructed.

To fund the repair of these street s the city will need to i ssue a bond and pledge the $600,000 annually from Measure X funds to make the annual debt service payments of this bond. This bond will be approximate $7 – 8 million do llars. This still w ill require that the city come up with approximately an additional $4-5 million to repair these streets.

EXHIBIT A
6 Additional Fund or Revenue Options

The State of California by law gives cities four primary tax revenue sources in order to operate and meet the service demands and infrastructure needs of th eir community; sales tax, property tax, transient occupancy tax ( TOT, hotel tax ) and utility users tax (UUT). The City of Marina has established it’s sales tax rate at the maximum allowed by State law, it has established it ’s TOT tax at 14%, property tax is established at 1% of accessed value, and the city does not have a uti lity users tax.

Most cities in the State and every city i n Monterey County except one, has a uti lity user tax. The utility user tax is a primary tax source that other cities use to m eet service and infrastructure demands. The City of M arina previously had a utility user tax but the citizens voted this down years ago. The lack of this primary tax source (especially over time) certainly contributes to the unmet facility and infrastructure needs of the city.

The attached exhi bit is an estimate of additional revenue the city could generate with a UUT. It also shows the bonding capacity if the city we re to pl edge this revenue source to a bond. All tax increases must be approved by the voters. With a 6% UUT, the City of Marina would generate another $1.6 million annually in taxes.

Another revenue source would be issuing a General Obligation Bond. A general obligation bond is paid by increases to property taxes. School districts typically use this funding source to pay for new schools and maintenance and repair of schools. The library in Marina was buil t by a general obligation bond. The following shows the estimated property tax increase with different levels of a general obligation bond.

• $30 million GO bond - $5.25 per month ($63 annually) per $100,000 assessed property value
• $40 million GO bond - $7.00 per month ($8 4 annually) per $100,000 assessed property value
• $50 million GO bond - $8.75 per month ($105 annually) per $100,000 assessed property value.

If a home in Marina had an assess ed property value of $600,000 they would pay an additional $31.50, $42.00 or $52.50 per month depending upon the size of the bond.

The city could look at bringing an issue like this to the voters as early as June in a special election or in November at a regular election. While it’s difficult to tax about tax increases, especially as we are recovering from the COVID pandemic, if we are ever as a community going to address aging facility and infrastructure needs we must have this discussion.

Respectfully submitted,

____________________________
Layne P. Long
City Manager
City of Marina

EXHIBIT A
7 Opinions on Local Funding Options
for the City of Marina
Highlights of a Survey of Likely Voters
220-6450

EXHIBIT B
8 2
Dates June 22 - July 7, 2022
Research Population Likely November 2022 voters in the City of Marina Total Interviews 301
Margin of Sampling Error (Full Sample) ±5.7% at the 95% Confidence Level Contact Method(s)
Data Collection Mode(s)
Survey Tracking July 2016
(Note: Not All Results Will Sum to 100% Due to Rounding) Survey Specifics and Methodology
Text
Invitations
Telephone
Calls
Email
Invitations
Telephone
Interviews
Online
Interviews

EXHIBIT B
9 3
General Community
Attitudes

EXHIBIT B
10 4
Half of likely voters in the City of Marina think things in the City of Marina are headed in the right direction, a high rating for a California city, and which is backed up by the results of other questions.

Q1.

Do you think things in the City of Marina are headed in the right direction or are they off on the wrong track?
Right
Direction
51%
Wrong Track
23%
Don't Know
26%

EXHIBIT B
11 5
More than three-quarters describe the quality of life
in Marina as excellent or pretty good,
similar to the 2016 survey.

Q2. Would you say the overall quality of life in Marina is excellent, pretty good, only fair, or poor? 13%
63%
22%
2%
0%
Excellent/
Pretty
Good
76%
Excellent
Pretty good
Only fair
Poor
Don’t know
July 2016 June/July 2022
11%
64%
20%
4%
0%
Excellent/
Pretty
Good
76%

EXHIBIT B
12 6
Seven-in-ten voters continue to approve of the
job being done by the City of Marina.

Q3. Overall, would you say you approve or disapprove of the job being done by the City of Marina? 20%
50%
15%
9%
6%
21%
48%
18%
6%
8%
Total
Disapprove
24%
Total
Disapprove
23%
Total
Approve
70%
Strongly approve
Somewhat approve
Somewhat disapprove
Strongly disapprove
Don’t know
Total
Approve
69%
July 2016 June/July 2022

EXHIBIT B
13 7
More than seven-in-ten voters perceive that the City
has at least some need for additional funding, which
is up notably from the 2016 survey.

Q4. In your personal opinion, do you think there is a great need, some need, a little need, or no real need for additional funds to provide the level of City services that Marina residents need and want?
27%
37%
14%
13%
9%
Great need
Some need
A little need
No real need
Don’t know
July 2016 June/July 2022
Great/
Some Need
64%
A Little/
No Real
Need
27%
35%
42%
6%
7%
10%
Great/
Some Need
77%
A Little/
No Real
Need
13%

EXHIBIT B
14 8
Initial Ballot Measure
Opinions

EXHIBIT B
15 9
Hypothetical Ballot Question
Tested in Survey
Q5. Based on this description, would you vote yes in favor of this ballot measure or no to oppose it?

MARINA EMERGENCY RESPONSE, PUBLIC SA F E T Y,ESSENTIAL

CITY SERVICES MEASURE
To improve 911 emergency/natural disaster response, public safety by building a fire station, upgrading police station; improve local essential services/senior services by establishing an earthquake-safe Community Center, shall the City of Marina issue $50,000,000 in bonds at legal rates, levy $105 per $ 100,000 of assessed value, providing $3,000,000 annually while bonds are outstanding, requiring public spending disclosure, independent oversight, all bond measure funds for Marina?

EXHIBIT B
16 10
A majority of voters initially support the
measure, but it falls well short of the two-thirds
threshold necessary for passage.

Q5. Would you vote yes in favor of this ballot measure or no to oppose it? 29%
15%
8%
5%
11%
21%
11%
Definitely yes
Probably yes
Undecided, lean yes
Undecided, lean no
Probably no
Definitely no
Undecided
Total
Yes
52%
Total
No
37%
44%

EXHIBIT B
17 11
The top priorities for the measure include emergency response, improving essential City services, and removing hazardous materials from public buildings, along with fiscal accountability.

Q6. I am going to read you a list of specific City projects and services that could be funded by, or provisions included in, the measure you just considered.

Recognizing that there will not be enough funding for all of these projects, please tell me how important each one is to you: extremely important, very important, somewhat important, or not important.

Ext./Very
Impt.
86%
80%
77%
68%
67%
64%
64%
60%
60%
55%
43%
53%
23%
36%
30%
24%
28%
28%
30%
36%
23%
45%
31%
35%
40%
32%
32%
10%
14%
15%
22%
19%
19%
24%
28%
27%
6%
5%
9%
13%
7%
12%
8%
5%
5%
5%
6%
Requiring public spending disclosure
Ensuring public safety agencies can
respond in case of an emergency
Requiring all funds spent locally
Improving essential City services
Improving 911, fire and emergency
medical response times
Removing asbestos, mold and lead paint
from public buildings
Preventing disruptions to City services
Renovating city parks, indoor recreation
and aquatic centers
Requiring independent audits
Ext. Impt. Very Impt. Smwt. Impt. Not Too Impt. Don't Know

EXHIBIT B
18 12
Voter Priorities, Continued
Q6. I am going to read you a list of specific City projects and services that could be funded by, or provisions included in, the measure you just considered.

Recognizing that there will not be enough funding for all of these projects, please tell me how important each one is to you: extremely important, very important, somewhat important, or not important.

Ext./Very
Impt.
59%
57%
56%
56%
52%
50%
49%
48%
48%
23%
22%
26%
26%
19%
16%
20%
17%
20%
18%
6%
38%
31%
30%
38%
36%
30%
32%
28%
29%
16%
27%
33%
26%
29%
31%
28%
27%
24%
31%
31%
10%
9%
15%
12%
11%
17%
18%
21%
17%
40%
6%
5%
6%
6%
7%
Improving natural disaster preparedness
Improving the condition of City parks
and ballfields
Making City Hall accessible to residents
with disabilities
Replacing seismically-unsafe
public buildings
Replacing deteriorating public buildings
Creating a senior center
Creating a fire station with capacity to
hold a ladder truck
Building a fire station
Creating an adequate police station
Completing extensive repairs of current
City Council chambers
Ext. Impt. Very Impt. Smwt. Impt. Not Too Impt. Don't Know

EXHIBIT B
19 13
Impact of Information

EXHIBIT B
20 14
The most compelling themes about the measure
include fiscal accountability, the condition of the City Hall offices, and inadequacy of the fire station.

Q7. I am going to read you some statements from both supporters and opponents of the MARINA EMERGENCY RESPONSE, PUBLIC SAFETY, ESSENTIAL CITY SERVICES MEASURE. First, I am going to read some statements from people who support the measure. Please tell me whether you find it very convincing, somewhat convincing, or not convincing as a reason to support this measure on a future ballot. 44%
51%
42%
39%
30%
38%
83%
81%
80%
Very Conv. Smwt. Conv.
(ACCOUNTABILITY) This measure includes strict accountability provisions to ensure funds are used as promised, such as requiring public disclosure of all spending, independent audits, and a fiscal oversight committee of local residents. And by law, all funds must be used to benefit Marina residents and cannot be taken by the County, State or federal government. (COMMUNITY CENTER) When Marina first became a city in 1975, a few temporary, portable buildings were set up to operate as the City Hall offices.

The plan was to replace them in about six months. But, 47 years later those temporary portable buildings are still being used to house our city services, despite the fact that they are deteriorating, are not accessible for residents with disabilities, have mold, asbestos, leaky roofs, are not earthquake safe, and do not provide adequate space to host our local services. It is beyond time to create a real City Hall to serve all Marina residents.
(FIRE) Over the last eight years the fire service workload has increased by more than 50%. But our City relies on two old, inadequate fire stations with safety concerns, that are in the wrong location to meet response times needed for fire and medical emergencies. What's more the fire station in Seaside which provides backup support in our city is being moved farther away. This measure would help maintain and improve our public safety as Marina grows.

EXHIBIT B
21 15
The importance of the measure for emergency
medical response times resonates strongly as well.

Q7. I am going to read you some statements from both supporters and opponents of the MARINA EMERGENCY RESPONSE, PUBLIC SAFETY, ESSENTIAL CITY SERVICES MEASURE. First, I am going to read some statements from people who support the measure. Please tell me whether you find it very convincing, somewhat convincing, or not convincing as a reason to support this measure on a future ballot. 42%
22%
26%
38%
46%
32%
80%
68%
58%
Very Conv. Smwt. Conv.
(RESPONSE TIMES - MEDICAL) When you have an emergency, seconds count. In 2021, 80 percent of calls to the Marina Fire Department were related to medical emergencies. But response times for some areas of the city are close to 8 minutes. This measure provides funding to build a much-needed, additional fire station in Marina, so all residents can get the timely 911 response they need.
(QUALITY OF LIFE) Marina is a place where people desire to work, live and raise families. However, we need to invest in our fire and police protection, and community center to be able to provide high-quality essential City services. This measure will help protect residents and maintain our community as a safe, clean place to live.
(PROPERTY VALUE) By improving 911 emergency response, fire and public safety capabilities, this measure will help to protect property values for Marina homeowners.

EXHIBIT B
22 16
Support for the measure increases
substantially after information.

Q5 & Q8. Would you vote yes in favor of this ballot measure or no to oppose it? 29%
15%
8%
5%
11%
21%
11%
35%
15%
10%
4%
8%
17%
10%
Definitely yes
Probably yes
Undecided, lean yes
Undecided, lean no
Probably no
Definitely no
Undecided
Total
Yes
52%
Total
No
37%
Total
Yes
61%
Total
No
29%
44% 50%
Initial Vote Vote After Information

EXHIBIT B
23 17
Support also increases when voters consider a
lower tax rate for the bond measure.

Q5, Q8 & Q9. Would you vote yes in favor of this ballot measure or no to oppose it? 29%
15%
8%
5%
11%
21%
11%
Total
Yes
52%
Total
No
37%
Initial vote
($105/$100K)
$60/$100K
Tax Rate Vote
Vote After
Information
($105/$100K)
35%
15%
10%
4%
8%
17%
10%
Total
Yes
61%
Total
No
29%
31%
26%
8%
2%
11%
11%
12%
Total
Yes
64%
Total
No
24%
Definitely yes
Probably yes
Undecided, lean yes
Undecided, lean no
Probably no
Definitely no
Undecided

EXHIBIT B
24 18
Several opposition statements
resonate strongly
Q10. Here are some statements from people who oppose this ballot measure. Please tell me whether you find it very convincing, somewhat convincing, or not convincing as a reason to oppose this measure on a future ballot. 51%
34%
27%
22%
27%
37%
30%
33%
78%
71%
57%
55%
Very Conv. Smwt. Conv.
(TAXES) We are being overwhelmed by higher taxes and rising prices for gas, food, healthcare, housing, and other everyday essentials.

Passing this bond measure would raise local property taxes by more than $450 for the average homeowner, hurting those who can least afford it, like working families and seniors on fixed incomes. (NO NEED) With all the money the City has raised from land sales, past bond measures, sales taxes, hotel taxes and millions of dollars in new funding from the state and federal government, it should have enough funding without raising even more taxes.
(WASTE) Instead of raising taxes, the City should just cut unnecessary spending. We don't need to raise taxes again and allow bureaucrats and politicians to waste our tax dollars.
(CITY HALL) Most of the money from this measure is going to build fancy new offices for City employees. This is not a good use of our tax dollars, especially when so many employees can be working from home.

EXHIBIT B
25 19
Simulating a robust opposition campaign drops
support for the measure very considerably.

Q5, Q8, Q9 & Q11. Would you vote yes in favor of this ballot measure or no to oppose it? 52%
61% 64%
48%
37%
29%
24%
39%
11% 10% 12% 13%
Initial
Vote
Vote After
Information $60/$100K Vote
Vote After
Opposition
Total No
Total Yes
Undecided
67%

EXHIBIT B
26 20
In 2016, support for Marina’s business license tax measure exceeded survey results which simulated an equal amount of pro and con messaging; however there was no organized opposition to the measure.

Would you vote yes in favor of this ballot measure or no to oppose it? 68%
54%
83%
25%
33%
17%
8% 13%
Initial
Vote
Vote after Pro & Con
Messages Election Outcome
Total No
Total Yes
Undecided
50%
Measure U - Business License Tax (2016)

EXHIBIT B
27 21
Conclusions

EXHIBIT B
28 22
Conclusions
• Survey results show that approximately half of Marina voters suppo
rt a $50 million bond measure for the development of a
Community Center and fire station. After information about the reasons the City could pursue the measure, support grows to 61% but remains below the two-thirds threshold necessary for passage of the measure.
• Compared to 2016, there is a lot of consistency on attitudes on
the quality of life in Marina and approval of the City’s job performance.
• More than three-quart ers of voters think the City has a need for additional funding, which is up from the 2016 survey.

EXHIBIT B
29 23
Conclusions; Continued
• Voters top priorities for the measure include:
o Ensuring public safety agencies can respond in case of an emer
gency
o Improving essential City services
o Improving 911, fire and emergency medical response times o Removing asbestos, mold and lead paint from public
buil
dings
o Preventing disruptions to City services
• Voters also value fiscal accountability provisions such as re
quiring public disclosure of spending and that all funds would be spent locally.

EXHIBIT B
30 24
Conclusions; Continued
• Several informational themes resonate with voters
inc
luding that the current City Hall was set up to be
temporary 40 years ago and does not meet current
safety/accessibility needs, the need for improved fire
station capacity to meet current needs for fire and
medical emergencies.
• Support for a smaller bond measure with a lower tax rate ($
60/$100,000 of assessed value) is somewhat stronger,
but still does not quite reach the two-thirds level.
• Simulating a robust opposition campaign knocks down
th
e level of support for the measure below its initial level.

EXHIBIT B
31 Opinions on Local Funding Options
for the City of Marina
Highlights of a Survey of Likely Voters
220-6450

EXHIBIT B
32 Proposal fo
r Revenue Measure
Consulting Services
Prepared for:

City of Marina
December 22, 2022

EXHIBIT C
33 PROPS & MEASURES STRATEGY & COMMUNICATIONS • 415.291.1894 • [email protected] • WWW.PROPSANDMEASURES.COM • SAN FRANCISCO · LOS ANGELES Layne Long
City Manager
City of Marina
211 Hillcrest Avenue
Marina, CA 93933
Dear Mr. Long:

Thank you for the opportunity to present this proposal for revenue measure consulting services as you consider a potential bond measure to improve city facilities . Our firm has extensive experience in Monterey County ge nerally and experience in the City of Marina specifically. In 2014 we helped develop campaign messaging materials for the advocacy campaign supporting the Measure E transient occupancy tax and the Measure F sales tax that were both approved by voters by wide margins.

TBWBH PROPS & MEASURES is a strategy and communications consulting firm that specializes in helping cities, counties, school districts, community college districts and other public agencies build public consensus for public finance ballot measures. Our work on over 500 successful revenue measures in communities throughout California has generated billions in voter-approved funding for publi c agencies. We are proud to be California’s leading revenue measure consulting firm.

We believe that our firm’s skills, expertise and experience offer a unique fit to help you navigate the challenges associated with this project:
• Unmatched Experience on Voter- Approved Revenue Measures for Cities . TBWBH PROPS & MEASURES has unmatched experience guiding cit y tax measures to victory.

We’ve helped prepare and pass 100 different measures for California cities , large and small. In 2022 we helped 15 cities pass local tax measures. In 2020, during the height of the pandemic, we helped pass 18 successful revenue measures for California cities. • Unmatched Experience in Monterey County. In addition to our specific experience in Marina, TBWBH PROPS & MEASURES has worked on 15 successful revenue measures in Monterey County, including the 2020 bond measure for Monterey Peninsula College, two successful bond measures for Monterey Peninsula Unified School District, the 2016 parcel tax for Monterey Peninsula Regional Park District and th e 2014 sales tax for Monterey Salinas Transit District. We have also passed multiple measures for t he City of Salinas, City of Monterey and o thers . A full listi ng of our experience is included at the end of this proposal.
• Today’s communication tools. TBWBH PROPS & MEASURES takes full advantage of modern communication tactics, including social media and digital advertising. We are also experts in traditional print media, direct mail and earned media, allowing us to help you efficiently leverage a full array of communication channels to engage voters. • Customized Approach. We don’t apply a “cookie- cutter” approach to local tax measures. Our prior clients will tell you that our attention to the unique political challenges of your funding measure and the current political environment set us apart from others in our industry.

EXHIBIT C
34 PROPS & MEASURES STRATEGY & COMMUNICATIONS • 415.291.1894 • [email protected] • WWW.PROPSANDMEASURES.COM • SAN FRANCISCO · LOS ANGELES

• Capacity and Infrastructure to Serve You. All qualified political firms are busy during election years . Unlike our competitors whose firms are comprised of one or two principal consultants, TBWBH PROPS & MEASURES has a team of professionals to ensure your project receives the attention and service it deserves. Charles Heath, one of TBWBH PROPS & MEASURES’ s even practicing partners, will serve as your day-to- day contact throughout the project. TBWBH PROPS & MEASURES ’ partners are supported by the largest and most experienced staff in our industry. TBWBH PROPS & MEASURES is one of the only firms in our industry that maintains an in -house graphic design department, digital media coordinator and production coordination team to ensure your messaging, media and materials are of the highest quality and delivered on time and on budget.

We are confident that you will find our qualifications, experience and attention to client service are unmatched. The remainder of this proposal provides additional detail about our firms and services. If you have any questions, please do not hesitate to reach out.

Sincerely,

Charles Heath
Partner

[email protected]
415-810-8053

EXHIBIT C
35 PROPS & MEASURES STRATEGY & COMMUNICATIONS • 415.291.1894 • [email protected] • WWW.PROPSANDMEASURES.COM • SAN FRANCISCO · LOS ANGELES

About TBWBH Props & Measures

TBWBH PROPS & MEASURES is a non -partisan strategy and communications consulting firm specializing in bond, tax and other public finance ballot measures supporting public programs, services and facilities. TBWBH PROPS & MEASURES (formerly known as TBWB Strategies) launched in 2005 as an offshoot of Terris Barnes & Walters Political Media, which has been winning campaigns in California since 1988.

Building Public Consensus in Communities Throughout California Successful revenue measures are built upon a foundation of strong community consensus. We work with our clients to identify shared community priorities and values in order to identify the elements of a successful revenue proposal. We have built community consensus for revenue measures in hundreds of communities throughout our home st ate of California and many communities across the country. We know how to develop successful revenue proposals and communicate with voters in urban, suburban and rural communities.

Revenue Measure Expertise
The partners and consultants at TBWBH PROPS & MEASURES have experience with over 500 successful public finance ballot measures that have raised tens of billions of dollars in voter - approved revenue for public programs, services and facilities. The successful measures inclu de bonds, parcel taxes, sales taxes, transient occupancy taxes, utility users taxes, assessments and fees. We help cities, towns, counties, school districts, community colleges, parks, water and open space districts, fire districts, libraries, healthcare districts, transportation and transit agencies and others.

Commitment to Client Service
We have found that a close partnership with attention to daily details is essential. We know public finance measures, and you know the communities you serve. We also understand that the reputation of your agency is at stake every time you seek funding from your community . It’s not enough just to “win,” but the measure and the related messaging must help you strengthen your relationship with your community.

Project Leadership
TBWBH PROPS & MEASURES has seven experienced partners with the time and capacity to giv e your effort the devoted senior -level attention it deserves. Your project will not be handed off to inexperienced staff once the contract is signed. You will work directly with Charles Heath, a Partner in our firm who will oversee all quality control aspe cts of the project. Our direct and personal “in the trenches” experience guiding recent successful tax and bond measures offers a keen understanding of the nuances in messaging and strategy required for success.

Project Support
All qualified political firms will be busy in an election year. TBWBH PROPS & MEASURES maintains the largest and best -trained support team in our industry. Under the close supervision of the Partner leading the project strategy, messaging and direction, one of TBWBH PROPS & MEASURES’ experienced consultants will focus on managing project logistics to ensure the project is completed on time, on budget and with no deadlines missed. One or more of TBWBH PROPS & MEASURES’ Associates will be assigned to provide logistical support to the team.

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In-House Graphic Design, Digital Media and Production Coordination Local residents receive their information in a variety of ways. We offer innovative multimedia communication plans that deliver your message through a combination of direct mail, email, online display advertising, pre -roll video advertising and social media advertising to ensure a thorough reach to voters and maximize visibility. TBWBH PROPS & MEASURES has unmatched experience blending traditional and new media strategies to maximize the impact of your message. TBWBH PROPS & MEASURES is one of the few firms in our industry that maintains an in- house Art Department and Production Department . This allows us to produce award -winning, creative concepts and attend to all the details required for efficient and timely delivery of digital media and printed materials.

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Project Approach and Work Scope

We have a proven general approach to revenue measures that follows five critical steps.

Within each step, we customize a set of strategies and tactics to address the specific challenges, circumstances and nuances for each of our projects.

STEP 1: Feasibility study to determine if and under what conditions your agency can pass a local funding measure.

STEP 2: Build consensus with outreach and awareness -building strategies that position your measure for success.

STEP 3: Build a strong measure by aligning the measure’s features with the community’s priorities and sensitivities.

STEP 4: Campaign for the win by efficiently getting your message out to persuade voters and mobilize your base of support.*

STEP 5: Bridge to the next election by continuing positive and transparent community dialogue about how voter-approved funding is being utilized.**

The first three steps in this process are typically led by the public agency pursuing the revenue measure as part of the pro cess to evaluate, plan and prepare a measure for the ballot. All publicly funded communication during this phase must be informational and not advocacy.

The fourth step in the process, once a measure is on the ballot, must be coordinated by an independent campaign committee using private resources. The fifth and final step may be coordinated by the public agency to facilitate ongoing communication and updates for the public.

Step 1: Feasibility Study
TBWBH PROPS & MEASURES, in collaboration with your selected public opinion pollster , will help you assess the basic viability of a potential revenue measure and identify the strategic elements needed to maximize the chances for success. During the feasibility study we’ll help you tackle the most basic strategic questions that must be answered in order to identify a path to success.

TBWBH PROPS & MEASURES will help you answer:
• What are the highest priorities for public funding in the community? • Is it reasonable to think that a funding measure can be successful with voters? At what vote threshold? At what tax rate?
1 Feasibility
Study 2
Build
Consensus
4 Campaign for
the Win
3 Build a Strong
Measure
5 Bridge to the
Next Election
Call for Election
T
Election Day
T
Start
T
QQQQ Public Planning Process Independent Q Advocacy Campaign

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• What services or projects are voters most likely to fund? • What is the optimal timing for a measure going to the ballot? What level of voter turnout helps maximize support?
• Does sufficient community awareness of your needs already exist, or is proactive outreach required to build awareness? What are the key messages voters need to hear and what are the most effective channels for communication? • How might specific exemptions or accountability protections be included in a successful measure?
• What controversies or competing issues must be considered before moving forward? To answer these questions TBWBH PROPS & MEASURES will work closely with your pollster to develop a voter survey to understand current attitudes and opinions. We’ll help you analyze the results and turn the data into an actionable plan for moving forward. We’ll also help you interpret and present recommendations to your City Council and other key stakeholders to build consensus around a unified strategic approach to addressing your funding needs.

Step 2: Build Consensus
Based on the findings from the survey and feasibility assessment, TBWBH PROPS & MEASURES will help develop and implement a public information and outreach program to educate the community about your funding needs and build broad community consensus around a revenue solution.

Specifically, TBWBH PROPS & MEASURES will:
• Develop informational messaging and a plan for getting the message out to key audiences
• Provide talking points, answers to frequently asked questions and a message training to key staff, employee groups, commissioners and elected officials • Provide information to be added to your website, distributed through social media and included in newsletters
• Prepare presentations for community meetings
• Write, design and produce informational mailings and advertising to educate and inform voters
• Develop strategies and plans to inform internal stakeholder groups within your agency • Develop strategies for managing coverage of this issue in the local press • Develop strategies and plans to inform external groups including elected leaders, business leaders, neighborhood leaders, faith community leaders and taxpayer groups TBWBH PROPS & MEASURES has expertise in traditional communication strategies like direct mail, print advertising and earned media. We are also experts in utilizing new media strategies such as social media, online advertising and video. Our in-house graphic design and production capabilities allow us to deliver the highest level of strategic and creative communication for our clients.

Step 3: Build a Strong Measure
Once we know what a viable, winnable ballot measure looks like, TBWBH PROPS & MEASURES will work with you to develop a revenue measure and qualify for the ballot.

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During this phase of work, TBWBH PROPS & MEASURES will:
• Work with you and your financial team to finalize amounts, tax rates and the structure of your measure
• Refine the description of your needs and/or expenditure plan to make sure they are written in clear and understandable language featuring projects and programs that are high priorities for voters
• Work with you and your legal counsel to define important taxpayer accountability protections, including any potential independent Citizens’ Oversight Committee and public reporting process, if needed
• Work with you and your legal counsel to develop all ordinances/resolutions required for calling the election
• Develop the critical ballot question that will appear on ballots • Develop and refine the full text of the measure and other materials that will appear in the ballot pamphlet mailed to all voters
• Present recommendations and documents to the City Council for formal approval

Step 4: Campaign for the Win*
The next step in the process is to mount a strategic advocacy campaign to secure the votes needed to win on Election Day. This i s the only step in the process that cannot be funded with public dollars. While agencies can continue to provide information to residents about the measure, only a privately funded campaign committee can advocate for the measure. We will work with your agency to understand if volunteers are available and motivated to step forward to run such an effort. Typically, as consultant to volunteer campaign committees, we build campaign plans with the following elements to ensure the best possible chance of success on Election Day:

• Effective messaging and materials. Campaign logos, brochures, websites, social media and other materials must be eye -catching and have a local feel in order to persuade and motivate voters effectively.
• Avoiding controversy and obstacles. We can’t take anything for granted in today’s economic and political environment. To win, it is important to run an organized campaign that avoids controversy and neutralizes opposition to the extent possible. • Good teamwork. We strive to build broad coali tions that include support from business, labor and the full-spectrum of political ideologies. • Efficient grassroots organizing. The time and energy of your volunteers are precious resources. We’ll work with you to develop a plan that maximizes the impact o f their efforts on the outcome of the election.
• Strong fundraising. Fundraising for local ballot measures can be a challenge. It takes resources to get your message out to the voters who will determine the outcome of your election. We can help you create a fundraising plan to help you achieve the resources needed to win.

*Note: The information provided in Step 4 is intended as information to convey TBWBH PROPS & MEASURES ’ full range of services available to assist with the tax measure process. The services described here are not proposed as part of the scope of services for City of Marina.. If a tax measure is placed on the ballot and an independent advocacy committee forms, these services would be offered to that group and privately funded under a separate agreement.

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Step 5: Bridge to the Next Election
After voters have approved your measure, it is important to continue positive and transparent community dialogue about how you are utilizing voter -approved funding and delivering on your promises. When taxpayers hear nothing, they assume the worst and fall back on unfair stereotypes about how government spends money.

We offer a full range of ongoing communication services to our clients:
● Creation of regular updates to highlight progress related to your measure, including messaging for email blasts, websites, social media and newsletters ● Assistance with crafting responses to community or media inquiries regarding a local funding measure
● Assistance with preparing presentations to community groups and oversight bodies ● Regular direct mail updates and advertisin g to the entire community to ensure broad awareness beyond the most active and engaged citizens

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Consultant Biography

Charles Heath, Partner - TBWBH Props & Measures
Over more than 20 years as a strategy and communications consultant, Charles has guided more than 100 ballot measures to victory. With a background in various political projects, Charles has spent the better part of the last decade with a strict focus on working with public agencies to design winning revenue measures for the ballot and execute strategic public information efforts to position his clients for success at the ballot box. Once a measure is on the ballot, Charles works with advocacy campaign committees to run efficient and effective campaigns to achieve voter approval for ballot measures.

Charles has led campaigns in all parts of California — from large urban environments like Oakland, San Jose and Los Angeles to suburban environments like Marin, Riverside and Orange County to rural and agricultural communities like Plumas County, Truckee and Stanislaus County.

Charles has worked with a diverse range of public agencies across the western United States, ranging from school and community college districts to healthcare districts, transportation agencies, cities and counties, park and recreation districts, libraries and fire districts.

Charles became a Partner at Props & Measures in November 2009. Prior to joining TBWBH PROPS & MEASURES , Charles worked at another leading consulting firm for ten years, most recently as Vice President and Senior Consultant.

Before his career in public finance campaigns, Charles worked as a policy analyst for a public policy think tank, as an aide in the California Legislature and as a reporter for a local newspaper.

Charles is a graduate of the University of Cali fornia at Davis with degrees in Political Science and English, and he earned a Master’s Degree from the London School of Economics.

Charles grew up in Southern California and now lives in the East Bay with his wife Eva, his son Alexander and his daughter Lillian. You can reach Charles at TBWBH PROPS & MEASURES’ San Francisco office at (415) 810-8053 or [email protected].

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References

Monterey Peninsula College
Rebecca “Beccie” Michael
Foundation Executive Director
(831) 655-5506
[email protected]
Notes: 2020 Bond Measure for MPC

Monterey Peninsula Regional Park District
Rafael Payan
General Manager
(831) 372-4181 x104
[email protected]
Notes: 2016 Parcel Tax for MPRPD

Monterey Salinas Transit/Transportation Authority of Monterey County Carl Sedoryk
General Manager/CEO
(831) 393-8123
[email protected]
Notes: 2014 Sales Tax for MST

City of Salinas
Jim Pia
Assistant City Manager
(831) 758-7201
[email protected]
Notes: 2014 UUT and Sales Tax, 2012 Sales Tax, 2005 Sales Tax

Town of San Anselmo
David Donery
Town Manager
(415) 258-4652
[email protected]
Notes: Nov 2022 Sales Tax Measure and Library Parcel Tax Measure

City of Santa Rosa
Scott Alonso
Intergovernmental Relations & Legislative Officer
(707) 328-7176
[email protected]
Notes: Nov 2022 Public Safety Sales Tax, 2020 General Sales Tax, 2018 General Sales Tax

City of Torrance
Aram Chaparyan
City Manager
(310) 618.5880
[email protected]
Notes: June 2022 Sales Tax

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Fees & Costs

As is the standard in our industry, TBWBH PROPS & MEASURES contracts on a fixed -fee basis.

For a city the size of Marina , our standard consulting fee is $6,500 per month. Reimbursable business expenses will be billed separately along with any other hard costs associated wit h, printing, postage or advertising for informational materials. Partial months of services would be billed at a prorated amount.

To help you estimate the full cost of the revenue measure planning process, following are estimates of the cost of implementing a public information and outreach program in advance of a revenue measure election. The cost of printing and mailing an 11x17 informational brochure to all voter households in Marina ( 6,548 households) is approximately $ 8,000 per mailing. This price is all inclusive and includes design, photography, pre-press, printing, mailing data, addressing, sorting, post office delivery, sales tax and bulk -rate postage. Once you approve the content and design of each piece, we would handle all details related to production and mailing. We will work with you to develop an appropriate budget for these costs through the development of a public outreach plan. For budget estimating, most cities and towns send two to three informational mailers during the revenue measure planning and outreach process.

EXHIBIT C
44 Statewide Measures
Proposition 1 2018 – Veterans and
Affordable Housing Act
Proposition 2 2018 – Homeless Mental
Health Housing Act
Proposition 39 2012 – Close the Oil and
Gas Loophole
The Millionaires Tax 2012 – Restoring
California
Measures 66 & 67 2010 – Oregon
Transportation
BART (Santa Clara County)*
Caltrain*
Contra Costa Transportation Authority*
Fresno County Transportation Authority*
Madera County Transportation
Commission
Merced County Association of
Governments
Metropolitan Transportation
Commission*
Monterey-Salinas Transit
Napa County Transportation Agency
Placer County
Riverside County Transportation
Commission
San Mateo County Transit District
Santa Cruz County Regional
Transportation Commission
Sonoma County Transportation
Authority*
Sonoma-Marin Area Rail Transit
Stanislaus County Transportation*
Transportation Agency of Monterey
County*
Transportation Authority of Marin*
Truckee/North Tahoe Transportation
Agency
Hospitals and Healthcare
Salinas Valley Memorial
Healthcare System
Save Laguna Hospital
Seton Medical Center
Valley Health System*
Parks, Open Space and
Water Districts
Alameda County Clean Water Program
Big Sur Land Trust
Camden Water*
City of Fresno Parks*
Desert Recreation Open Space
East Bay Parks Open Space
Greater Vallejo Recreation District
Hayward Area Recreation District
Los Angeles County Flood Control
District
Los Angeles County Regional Park and
Open Space District
Marin County Flood Control and Water
Conservation District
Marin County Parks/MALT*
Mendocino County Inland Water & Power
Missoula Open Space (Montana)
Monterey Peninsula Regional Park
District
Napa County Regional Park and Open
Space
District/Napa Land Trust*
Peninsula Open Space Trust
Santa Clara Valley Open Space Authority
Santa Clara County Parks
Santa Clara Valley Water District
Santa Cruz Land Trust
San Francisco Bay Restoration
Authority*
Sonoma County Agricultural Preservation
and Open Space District
Tiburon Open Space
Zone 7 Water Agency (Alameda County)
Fire Districts
Crescent Fire Protection District
East Contra Costa Fire Protection
District
Fresno County Fire Protection District
Los Angeles County Fire
Marin County Fire Department
North Tahoe Fire Protection District
Northstar Fire District
Santa Cruz County Fire District – CSA48
Sonoma County Fire District
Truckee Fire Protection District
With experience on nearly 500 successful local
funding measures for all types of public agencies,
TBWBH has worked in virtually all parts of our
home state.

We’ve passed measures in sparsely populated
rural areas, suburban communities in Northern
and Southern California as well as the urban
neighborhoods of California’s biggest cities.
(Partial list) * TBWBH worked with the private-side campaign and not directly for the district/agency.

COMBINED EXPERIENCE OF TBWBH’S PARTNERS
Cities and Counties
Los Angeles County
Homeless Initiative
Marin County
Napa County
Placer County
San Bernadino County
San Mateo County
Santa Clara County
Santa Cruz County
Solano County
Sonoma County
City of Adelanto
City of Alameda
City of Arcadia
City of Barstow
City of Benicia
City of Berkeley
City of Beverly Hills
City of Burlingame
City of Campbell
City of Carlsbad
City of Chula Vista
Town of Corte Madera
City of Crescent City
City of Del Mar
City of Diamond Bar
City of Downey
City of Emeryville
City of Fairfield
City of Foster City
City of Fremont
City of Fullerton
City of Glendale
City of Goleta
City of Gustine
City of Kerman
City of Lancaster
City of Lafayette
City of Laguna Beach
City of La Palma
City of La Verne
City of Livermore
City of Lomita
City of Los Altos
City of Madera
City of Manteca
City of Merced
City of Modesto
City of Montebello
City of Morgan Hill
City of Murrieta
City of Napa
City of Oceanside
City of Ontario
City of Orinda
City of Pacifica
City of Palm Springs
City of Palmdale
City of Palo Alto
City of Paramount
City of Pleasant Hill
City of Pomona
City of Redlands
City of Redwood City
City of Sacramento
City of Saint Helena
City of Salinas
Town of San Anselmo
City of San Bernardino
City of San Bruno
City of San Mateo
City of San Jose
City of San Rafael
City of Santa Cruz
City of Santa Fe Springs
City of Santa Monica
City of Santa Rosa
City of South Lake Tahoe
City of South Pasadena*
City of Suisun City
City of Torrance
Town of Truckee
City of Union City
City of Vacaville
City of Ventura
City of Watsonville
City of Whittier
Town of Windsor
City of Yuba City

EXHIBIT C
45 Elementary School Districts
Alisal Union SD
Alpine Union SD
Alta Loma SD
Alum Rock Union Elementary SD
Anaheim Elementary SD
Auburn Union SD
Beardsley SD
Belmont-Redwood Shores SD
Berryessa Union SD
Bonsall SD
Buena Park SD
Burlingame SD
Cambrian SD
Campbell Union SD
Castaic Union SD
Central SD
Centralia Elementary SD
Cupertino Union SD
Del Mar Union SD
Eastside Union SD
Fountain Valley SD
Franklin-McKinley SD
Fruitvale SD
Fullerton SD
Hermosa Beach City SD
Hillsborough City SD
Huntington Beach City SD
Jefferson Elementary SD
Kentfield SD
La Mesa-Spring Valley Union SD
Lakeside Union SD (San Diego County)
Larkspur-Corte Madera SD
Live Oak SD
Loma Prieta Joint Union SD
Los Altos SD
Los Gatos Union SD
Lowell Joint SD
Menifee Union SD
Mill Valley SD
Millbrae SD
Miller Creek SD
Modesto City Elementary SD
Moraga SD
Moreland SD
Morgan Hill SD
Morongo SD
Mount Pleasant Elementary SD
Mountain View Whisman SD
Norris SD
North Sacramento SD
Oakley Union Elementary SD
Ocean View SD (Orange County)
Orinda Union SD
Pacifica SD
Palmdale SD
Perris Elementary SD
Petaluma City Elementary SD
Portola Valley SD
Ravenswood City SD
Redwood City SD
Reed Union SD
Romoland SD
Rosemead SD
Roseville City SD
Ross Valley SD
San Carlos SD
San Mateo-Foster City SD
San Rafael Elementary SD
Santa Cruz City Elementary SD
Santa Rita Union SD
Santa Rosa Elementary SD
Saratoga Union SD
Saugus Union SD
Savanna SD
Soquel Union Elementary SD
Stanislaus Union SD
Sulphur Springs Union SD
Union SD
Victor Elementary SD
Walnut Creek SD
Westminster SD
Unified School Districts
Alvord USD
Alameda USD
Albany USD
Amador County USD
Arcadia USD
Azusa USD
Baldwin Park USD
Bassett USD
Beaumont USD
Brea Olinda USD
Cabrillo USD
Capistrano USD
Carlsbad USD
Castro Valley USD
Charter Oak USD
Claremont USD
Conejo Valley USD
Corona-Norco USD
Cotati-Rohnert Park USD
Culver City USD
Davis Joint USD
Downey USD
Dublin USD
El Rancho USD
Evansville-Vanderburgh
School Corporation
(Indiana)
Fairfield-Suisun USD
Folsom Cordova USD
Fontana Unified SD
Fremont USD
Garden Grove USD
Glendale USD
Hayward USD
Irvine USD
Jurupa USD
Kerman USD
La Cañada USD
Lake Elsinore USD
Lammersville USD
Las Virgenes USD
Livermore Valley Joint USD
Lompoc USD
Long Beach USD
Los Alamitos USD
Los Angeles USD
Madera USD
Manhattan Beach USD
Manteca Unified SD
Martinez USD
Milpitas USD
Monterey Peninsula USD
Moorpark USD
Moreno Valley USD
Morgan Hill USD
Mount Diablo USD
Mountain Empire USD
Napa Valley USD
New Albany Floyd County
Consolidated School
Corporation (Indiana)
Newark USD
New Haven USD
Novato USD
Oak Park USD
Orange USD
Pajaro Valley USD
Palo Alto USD
Palos Verdes Peninsula USD
Paradise USD
Patterson Joint USD
Pleasanton USD
Poway USD
Riverside USD
Sacramento City USD
Saddleback Valley USD
San Jose USD
San Lorenzo Valley USD
San Marcos USD
San Marino USD
San Ramon Valley USD
Santa Ana USD
Santa Monica-Malibu USD
Scotts Valley USD
Simi Valley USD
Snowline Joint USD
Sonoma Valley USD
South Pasadena USD
South San Francisco USD
St. Helena USD
Tahoe Truckee USD
Temecula Valley USD
Travis USD
Tustin USD
Ukiah USD
Val Verde USD
Vallejo City USD
Vista USD
Walnut Valley USD
Washington USD
West Contra Costa USD
Westside SD 66 (Nebraska)
Woodland Joint USD
Yucaipa-Calimesa Joint USD
(Partial list) * TBWBH worked with the private-side campaign and not directly for the district/agency.

Libraries
Garfield County Public Libraries (Colorado)
Los Altos Library
Marin County Free Library
Pacifica Library
San Jose Library
Santa Cruz County Library
South Pasadena Public Library
Community College
Districts
Allan Hancock College
Antelope Valley College
Cabrillo College
Chabot-Las Positas CCD
Chaffey College
College of the Canyons
College of Marin
College of the Siskiyous
Contra Costa CCD
Foothill-De Anza CCD
Gavilan College
Glendale College
Hartnell College
Lane Community College (Oregon)
Mendocino College
Merced CCD
MiraCosta College
Monterey Peninsula College
Napa Valley College
Pasadena Area CCD
Peralta CCD
Mt. San Jacinto CCD
Rancho Santiago CCD
Riverside CCD
San Bernardino CCD
San Joaquin Delta CCD
San Mateo CCD
Santa Barbara City College
Santa Monica College
Santa Rosa Junior College
Yuba College
High School Districts
Antelope Valley High SD
Anaheim Union High SD
Campbell Union High SD
Chaffey Joint Union High SD
Delano Joint Union High SD
East Side Union High SD
El Dorado Union High SD
Fullerton Joint Union High SD
Galt Joint Union High SD
Grant Joint Union High SD
Jefferson Union High SD
Los Gatos-Saratoga Union High SD
Mountain View-Los Altos High SD
Nevada Joint Union High SD
Oxnard Union High SD
Perris Union High SD
Petaluma Joint Union High SD
Placer Union High SD
Roseville Joint Union High SD
San Benito High SD
San Dieguito Union High SD
San Mateo Union High SD
San Rafael High SD
Santa Cruz City High SD
Santa Rosa High SD
Sequoia Union High SD
Tamalpais Union High SD
William S. Hart Union High SD

EXHIBIT C
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