Agenda — Marina City Council, April 4, 2023 (part 1 of 2)

AGENDA

Tuesday, April 4, 2023 5:00 P.M. Closed Session
6:30 P.M. Open Session

REGULAR MEETING

CITY COUNCIL, AIRPORT COMMISSION,

MARINA ABRAMS B NON-PROFIT CORPORATION, PRESTON PARK

SUSTAINABLE COMMUNITY NON-PROFIT CORPORATION, SUCCESSOR

AGENCY OF THE FORMER MARINA REDEVELOPMENT AGENCY AND MARINA

GROUNDWATER SUSTAINABILITY AGENCY

THIS MEETING WILL BE HELD IN PERSON AND VIRTUALLY (HYBRID).

Council Chambers
211 Hillcrest Avenue
Marina, California

AND

Zoom Meeting URL: https://zoom.us/j/730251556
Zoom Meeting Telephone Only Participation: 1-669-900-9128 - Webinar ID: 730 251 556

PARTICIPATION
You may participate in the City Council meeting in person or in real-time by calling Zoom Meeting via the weblink and phone number provided at the top of this agenda. Instructions on how to access, view and participate in remote meetings are provided by visiting the City’s home page at https://cityofmarina.org/. Attendees can make oral comments during the meeting by using the “Raise Your Hand” feature in the webinar or by pressing *9 on your telephone keypad if joining by phone only.

The most effective method of communicatio n with the City Council is by sending an emai l to [email protected] Comments will be reviewed and distributed before the meeting if received by 5:00 p.m. on the day of the meeting. All comments receive d will become part of the record.

Council will have the option to modify their action on items based on comments received.

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

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

Agenda for City Council Meeting of Tuesday, April 4, 2023 Page 2

MISSION STATEMENT
The City Council will provide the lea dership in protecting Marina’s natural setting while developing the City in a way that provides a balance of housing, jobs and business opportunities that will result in a community characterized by a desirable quality of life, including recreation and cul tural opportunities, a safe environment and an economic viability that supports a high level of municipal services and infrastructure. (Resolution No. 2006-112 - May 2, 2006)

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

1. CALL TO ORDER

Liesbeth Visscher , Brian McCarthy , Kathy Biala , Mayor Pro -Tem/Vice Chair Cristina Medina Dirksen, Mayor/Chair Bruce C. Delgado

3. PUBLIC COMMENT ON CLOSED SESSION:

4. CLOSED SESSION:
a. Conference with Legal Counsel, potential litigation, exposure to litigation per:
“Conference with Legal Counsel – anticipated litigation, significant exposure to litigation pursuant to paragraph (d)(2) of CA Govt. Code sec. 54956.9 – One potential case
6:30 PM - RECONVENE OPEN SESSION AND REPORT ON ANY ACTIONS TAKEN IN

CLOSED SESSION

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

6. SPECIAL PRESENTATIONS:
a. Ryan Parra, 2022 Officer of the Year
b. Bambi Phillips, 2022 Professional Staff Employee of the Year c. Month of the Military Child Proclamation
d. Central Coast Community Energy Presentation

7. COUNCIL AND STAFF ANNOUNCEMENTS:

8. PUBLIC COMMENT: Any member of the public may comment on any m atter within the City Council’s jurisdictio n that is no t on th e agenda. This is t he appro priate place to comment on items o n the Consent Age nda. Action will not be taken on items not on the agenda. Comments are limited to a maximum of three (3) minutes. General public comment may be limited to thirty (30) minutes and/or continued to the end of the agenda. Any member of the public may comment on any matter listed on this agenda at the time the matter is being considered by the City Council . Whenever possib le, written correspondence should be submitted to the C ouncil in advanc e of the m eeting, to provide adequate time for its consideration.

Agenda for City Council Meeting of Tuesday, April 4, 2023 Page 3

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

10. CONSENT AGENDA: These items are considered to be routine and non-controversial.

All items under the Consent Agenda may be approved by one motion. Prior to such a motion being made, any member of City Council may ask a q uestion or make a comment about an agenda item and staff may provide a response. If discussion or a lengthy explanation is required, Council may remove the item from the Consent Agenda and it will be placed at the end of Other Action Items.
a. ACCOUNTS PAYABLE: (Not a Project under CEQA per Article 20, Section 15378) (1) Accounts Payable Check Numbers 101977-102066, totaling $1,021,584.21.

Successor Agency Accounts Payable Check Numbers: 108, totaling $4,500.00. b. MINUTES: (Not a Project under CEQA per Article 20, Section 15378) (1) March 21, 2023, Regular City Council Meeting
c. CLAIMS AGAINST THE CITY: None
d. AWARD OF BID: None
e. CALL FOR BIDS: None
f. ADOPTION OF RESOLUTIONS: (Not a Project under CEQA per Article 20, Section 15378) (1) Adopting Resolutio n No. 202 3-, approving participation in the Nationwide Opioid Settlement Litigation with Teva, Allergan, CVS, Walgreens, and Walmart; and appointing the City Manager as the City’s Authorized Representative and Authorizing the City Manager to take all reasonable and necessary actions.
g. APPROVAL OF AGREEMENTS:
(1) Adopting Resolution No. 202 3-, approving a Public Improvement Agreement for the Veteran’s Transition Center (V TC) “ Lightfighter Village” Permanent Supportive Housing Project between the City of Marina and Lightfighter Village GP, LLC.
(2) Adopting Re solution No. 2023 -, approving an affordable housing agreement for Veterans Transition Center at 229-239 Hayes Circle (APN 031-021-040).
(3) Adopting Resolution No. 2023 -. approving Amendment No.1 to the agreement between the City of Marina and Harris and Associates, Inc. of Salinas, California, to provide construction management services for the Imjin Parkway Improvement Project.
h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
Agenda for City Council Meeting of Tuesday, April 4, 2023 Page 4

i. MAPS: None
j. REPORTS: (RECEIVE AND FILE):
(1) Receiving an informational update about the Bird Scooter Project. k. FUNDING & BUDGET MATTERS: None
l. APPROVE ORDINANCES (WAIVE SECOND READING):
(1) Read by Title Only and adopting O rdinance N o. 202 3-05, approving Ordinance No. 2023-05, amending Section 17.46 ( Signs) of the Marina Municipal Code. The proposed amendments are exempt from CE QA per section 15061(b)(3).
(2) Read by Title O nly and adopting Ordinance No. 2023-06, amending the Accessory Dwelling Unit (ADU) Ordinance, Mari na Municipal Code (MMC), Chapte r 17.42.040 , bringing these sections into compliance with recent changes in state law. The proposed a mendments are exempt from the California Envir onmental Qua lity Ac t (CEQA) per Sec. 15303(a).
m. APPROVE APPOINTMENTS: None

12. OTHER ACTIONS ITEMS OF THE SUC CESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENCY: Action listed for each Agenda item is that which is requested by sta ff. The Suc cessor Agency may, at its discretion, take action on any items. Members of the public may be given up to three (3) minutes to speak.

13. OTHER ACTION ITEMS: Action listed for each Ag enda item is that wh ich is requested by staff. The City Council may, at its discretion, take ac tion on any items. Members of the public may be given up to three (3) minutes to speak.

Note: No ad ditional major projects or programs sho uld be undertaken with out review of the impacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). a. Adopting Resol ution No. 2023-, receive a presentation of the General Plan 2045 (GP2045) Community Engagement Workplan (Plan) by the City ’s consultant, Raimi+Associates (R+A) and accept the plan as presented. b. Adopting Resolution No. 2023 -, awarding the Imjin P arkway Widening Project to Monterey Peninsula E ngineering of Marina , California for the amount of $27,782,058.47.

14. COUNCIL & STAFF INFORMATIONAL REPORTS:
a. Monterey County Mayor’s Association [Mayor Bruce Delgado] b. Council reports on meetings and conferences atten ded (Gov’t Code Sect ion 53232).

15. ADJOURNMENT:

Agenda for City Council Meeting of Tuesday, April 4, 2023 Page 5

CERTIFICATION

I, Anita Sharp, Deputy City Clerk, of t he City of Marina, do hereby certify that a copy of the foregoing agenda was posted at City Hall and Council Cha mbers Bulletin Board at 211 Hillcrest Avenue, Monterey County Library Marina Branch at 190 Seaside Circle, City Bulletin Board at the corner of Reservation Road and Del Monte Boulevard on or before 6:30 p.m., Friday, March 31, 2023.

___________________________________

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

City Council meetings may be viewed live on the meeting night and at 12:30 p.m. and 3:00 p.m. on Cable Channel 25 on the Sund ay fo llowing the R egular City Counc il meeting date. I n addition, Council meetings can be viewed at 6:30 p.m. every Monda y, Tuesday and Wednesd ay. For m ore inform ation about viewing the Council Meetings on Channel 25, you may contact Access Monter ey Peninsula directly at 831-333-1267.

Agenda items and staff reports are public record and are available for public review on the City's website (www.ciytofmarina.org), at the Monterey County Marina Library Branch at 190 Seaside Circle and at the Office of the City Clerk a t 211 Hillc rest Avenue, Marina between the hours of 10:00 a.m. 5:00 p.m., on the Monday preceding the meeting.

Supplemental materials received after the close of the final agenda and through n oon on t he day of the scheduled meeting wil l b e avai lable for public revi ew at th e City Clerk’s Office during reg ular office hours and in a ‘Supplemental Binder’ at the meeting.

ALL MEETINGS ARE OPEN TO THE PUBLIC. THE CITY OF MARINA DOES N OT DISCRIMINATE AGAINST PERSONS WITH DISABILITIES. Council Chambers are wheelchair accessible. Meetings are broadcast on cable channel 25 and r ecordings of meetings can be pro vided upon request. To request assistive listening devices, sign language int erpreters, reader s, la rge prin t agendas or other accommodations, plea se call (8 31) 884 -1278 or e -mail: [email protected]. Requests must be made at least 48 hours in advance of the meeting.

U p c o m i n g 20 2 3 M e e t i n g s o f t h e C i t y C o u n c i l, A i r p o r t C om m i s s i o n , M a r i n a A b r a m s B N o n - P r o f i t C or p o r a t i on , P r e s t o n P ar k S u s t a i n a b l e C o m m u n i t y N o n p r o f i t C o r p o r a t i o n , S u c c e s s o r A g e n c y o f t h e F o r me r R e d e v e l o p me n t A g e n c y a n d M a r i n a G r o u n d w a t e r S u s t a i n a b i l i t y A g e n c y R e g u l a r M eet i n g s : 5: 0 0 p . m . C l o s e d S e s si on; 6 : 30 p .m . R e g u l a r O p e n S e s s i o ns

Tuesday, April 18, 2023 *Wednesday, September 6, 2023
Tuesday, September 19, 2023
Tuesday, May 2, 2023
Tuesday, May 16, 2023
Tuesday, October 3, 2023
Tuesday, October 17, 2023
Tuesday, June 6, 2023
Tuesday, June 20, 2023
Tuesday, November 7, 2023
Tuesday, November 21, 2023
*Wednesday, July 5, 2023
Tuesday, July 18, 2023
Tuesday, December 5, 2023
Tuesday, December 19, 2023

Agenda for City Council Meeting of Tuesday, April 4, 2023 Page 6

**Wednesday, August 2, 2023
Tuesday, August 15, 2023

* Regular Meeting rescheduled due to Monday Holiday
** Regular Meeting rescheduled due to National Night Out

CI TY H A L L 2023 H O L I D A Y S
(City Hall Closed)

Memorial Day ------------------------------------------------------------- Monday, May 27, 2023 Independence Day (City Offices Closed) ------------------------------- Tuesday, July 4, 2023 Labor Day ------------------------------------------------------------ Monday, September 4, 2023 Veterans Day (City Offices Closed) ------------------------------- Friday, November 10, 2023 Thanksgiving Day ------------------------------------------------- Thursday, November 23, 2023 Thanksgiving Break -------------------------------------------------- Friday, November 24, 2023 Winter Break ---------------------- Monday, December 25, 2023-Friday, December 29, 2023

2023 COMMISSION DATES

U p c o m i n g 20 2 3 Me e t i n g s of D e s i g n R ev i e w B o a r d 3rd Wednesday of every month. Meetings are held at the Council Chambers at 6:30 P.M. ** = Change in location due to conflict with Council meeting

April 20, 2023 June 15, 2023 September 21, 2023
May 18, 2023 July 20, 2023 October 19, 2023
August 17, 2023 November 16, 2023
December 21, 2023
U p c o m i n g 202 3 Me e t i n g s o f E c o n o m i c D e v e l o p m e n t C o m m i s s i on
3rd Thursday of every month. Meetings are held at the Council Chambers at 4:00 P.M.

April 21, 2023 June 16, 2023 September 15, 2023
May 19, 2023 July 21, 2023 October 20, 2023
August 18, 2023 November 17, 2023
December 15, 2023 (Cancelled)

Up c omi n g 202 3 Me et i n g s of Pl a n n i n g C o m m i s s i o n 2nd and 4th Thursday of every month. Meetings are held at the Council Chambers at 6:30 P.M.

April 13, 2023 July13, 2023 October 12, 2023
April 27, 2023 July 27, 2023 October 26, 2023
May 11, 2023
May 25, 2023
August 10, 2023
August 24, 2023
November 9, 2023
November 23, 2023(Canceled)
June 8, 2023 September 14, 2023 December 14, 2023
June 22, 2023 September 28, 2023

Agenda for City Council Meeting of Tuesday, April 4, 2023 Page 7

U p c o m i n g 2 02 3 M e e t i n g s of P u b l i c W o r k s C o m m i s s i o n 3rd Thursday of every month. Meetings are held at the Council Chambers at 6:30 P.M.

April 20, 2023 July 20, 2023 October 19, 2023
May 18, 2023 August 17, 2023 November 16, 2023
June 15, 2023 September 21, 2023 December 21, 2023

Up c o m i n g 20 2 3 M e e t i n g s o f R ec r e a t i o n & Cul t u r a l Se r v i c es C o m mi s s i on
1st Wednesday of every quarter month. Meetings are held at the Council Chambers at 6:30 P.M.

April 6, 2023 September 1, 2023 December 1, 2023

Upc o m i n g 202 3 M e e t i n g s o f M a r i n a Tr ee C o m m i t t e e 2nd Wednesday of every quarter month as needed. Meetings are held at the Council Chambers at 6:30 P.M.

April 13, 2023 July 13, 2023 October 12, 2023

Agrenda Item: 6a
Agenda Item: 6b

Agenda Item: 6d

Agenda Item: 10b(1)
City Council Meeting of
April 4, 2023

MINUTES
Tuesday, March 21, 2023 5:00 P.M. Closed Session
6:30 P.M. Open Session

REGULAR MEETING

CITY COUNCIL, AIRPORT COMMISSION,

MARINA ABRAMS B NON-PROFIT CORPORATION, PRESTON PARK

SUSTAINABLE COMMUNITY NON-PROFIT CORPORATION, SUCCESSOR

AGENCY OF THE FORMER MARINA REDEVELOPMENT AGENCY AND MARINA

GROUNDWATER SUSTAINABILITY AGENCY
THIS MEETING WILL BE HELD IN PERSON AND VIRTUALLY (HYBRID).

Council Chambers
211 Hillcrest Avenue
Marina, California
AND
Zoom Meeting URL: https://zoom.us/j/730251556
Zoom Meeting Telephone Only Participation: 1-669-900-9128 - Webinar ID: 730 251 556

The most effective method of communicati on with the City Council is by sending an email to [email protected] Comments will be reviewed and distributed before the meeting if received by 5:00 p.m. on the day of the meeting. All comments receiv ed will become part of the record.

Council will have the option to modify their action on items based on comments received.

1. CALL TO ORDER

2. ROLL CA LL & ESTABLISHMENT OF QUORUM: (City Coun cil, Airport Commissioners, Marina Abrams B Non -Profit Corporation, Pr eston Park Sustainable Communities Nonprofit Corporation, Successor Agency of the Former Redevelopment Agency Members and Marina Groundwater Sustainability Agency) MEMBERS PRESENT: Liesbeth Visscher, Brian McCarthy, Kathy Biala (Remotely), Mayor Pro -Tem/Vice Chair Cristina Medina Dirkse n, Mayor/Ch air Bruce C. Delgado

3. PUBLIC COMMENT ON CLOSED SESSION: None
1 MINUTES for City Council Meeting of Tuesday, March 21, 2023 Page 2

4. CLOSED SESSION:
b. Real Property Negotiation (Govt. Code Section 54956.8) i. Property: Desert Star Systems, 3261 Imjin Road, Marina, CA Negotiating Party: Marco Flagg
Negotiator(s): City Manager
Terms: Price and Terms
ii. Property: Commercial property at southeast corner of Del Monte Blvd. and Palm Avenue (APN 032-303-038)
Negotiating Party: George Powell
Negotiator(s): City Manager
Terms: Price and Terms
6:30 PM - RECONVENE OPEN SESSION AND REP ORT ON ANY ACTIONS TAKEN IN

CLOSED SESSION
Heidi Quinn, Interim City Attorney reported out Closed S ession: Council met in Closed Session with regard to the two items listed. On both matters, Council received information, gave direction and no reportable action was taken.

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

6. SPECIAL PRESENTATIONS: None

7. COUNCIL AND STAFF ANNOUNCEMENTS:
• Mayor Pro Tem Medina Dirksen – Monterey Bay Moves Teen Yoga on March 26 th at Vince DiMaggio Park, if i nterested go to www.montereybaymoves.com . Noted passing of a longtime Marina resident and volunteer, Kris Effland and her services were hel d this past weekend. Congratulated our Firefighter of the Year, Jason McCoy • City Manager Long – Announced the city will hold its annual strategic planning and budget retreat on Thursday, March 30th from 6:00-9:00pm and on Friday, March 31 st from 9:00am- Noon at the Marina Library Community Room.
• Mayor Delgado – Thanked all the volunteers that co ntinue to help with the Lapis Road -Del Monte Blvd cleanup. Thanked the Irish Fest ival volunteers who put on the event at our Community C enter over the weekend. Last native planting event will be on April 1 st at Hilltop Park at the corner of 9th Street and 4th Avenue from 10:00am-1:00pm. On April 15, 2023 if the 17th Annual Earth Day event at Locke Paddon Park from 9:00am -1:00pm. Also commented on the Fire Department badge pinning ceremony.

Mayor Delgado announced that age nda item 10f(1) was pulled from the agenda and will not be discussed.

8. PUBLIC COMMENT: Any member of the public may comment on any matter within the City Co uncil’s jurisdiction that is no t on the agenda. This is the appro priate place to comment on items on the C onsent Age nda. Action will not be taken on items not on t he agenda. Comments are limited to a maximum of three (3) minutes. General public comment may be limited to thirty (30) minutes and/or continued to the end of the agenda. Any member of the public may comment on any matter listed on this agenda at the time the matter is being considered by the City Council . Whenever possible, written corresponden ce shoul d be submitted to the C ouncil in advanc e of the meeting, to provide adequate time for its consideration.
2 MINUTES for City Council Meeting of Tuesday, March 21, 2023 Page 3

• Vely Matthews – Thanked the volunteers who came out on March 4 th to help with the park cleanup at Los Arboles.
• Melissa Mejia – Commented on agenda item 10f(1) noting that many of the pe ople residing in their vehicles have been s truggling to find to f ind shelter. Stated the library keeps its Wi- Fi accessible 24-hours a day to help provide service to those who need it. Spoke about the City of Seaside’s ordinance referred to as “7 to 7”.
• Tommy Bolea – Spoke about Lodi, Ca versus Marina, Ca. Noted th at residents of Lodi pa id all the utility bills (Water & Electric) directly to the City of Lodi, not to an outside company. • Grace Silva-Santella – Asked if the zoom clock could be dis played on screen during public comment periods. Spoke about attending the Irish Heritage event on Sa turday at the Marina Civic Center and then a movie at the Library. Noted Marina struggles with getting the word out on all the events that take plac e and suggested the city partner with The Ma rina Foundation to hold a Non -profit Summit to talk about how we can get the word out on Marina based nonprofit organizations and how we can be better at promoting what we have going on here in the city.
• Rashlan Boshadev – Spoke about marketing Maina to sho w its points of interest. Spoke about Carmel’s Heart of their city and a sculptu re. Asked where the Heart of Marina is? Spoke about the older businesses needing to switch old signs to LED signs.

Heidi Quinn, Interim City Attorney stated for the record that agenda there were some minor non substantive corrections to item number 10f(2) they were just minor typographical errors and a revised version was circulated to the Council for consideration tonight.

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

10. CONSENT AGENDA: These items are considered to be routine and non-controversial.

All items under the Consent Agenda may be approved by one motion. Prior to such a motion being made, a ny member of City Council may ask a question or make a comment a bout an agenda it em and staf f may provide a response. If discussion or a lengthy explanatio n is required, Council may remove the item from the Consent Agenda and it will be placed at the end of Other Action Items.
a. ACCOUNTS PAYABLE: (Not a Project under CEQA per Article 20, Section 15378) (1) Accounts Payable Check Numbers 101891- 101976, totaling $440,270.89.

Successor Agency Accounts Payables Check Number 105-107, totaling $5,919.98. b. MINUTES: (Not a Project under CEQA per Article 20, Section 15378) (1) March 7, 2023, Regular City Council Meeting
(2) March 14, 2023, Special City Council Meeting
c. CLAIMS AGAINST THE CITY: (Not a Project under CEQA per Article 20, Section 15378) 3 MINUTES for City Council Meeting of Tuesday, March 21, 2023 Page 4

(1) Staff recommends that the City Counci l reject the f ollowing claim and direct sending appro priate notice of r ejection to cla imant: William James Lunsfor d (Minor) C/o KJ Injury & Accident La wyer P C for a claim received on February 27, 2023.
d. AWARD OF BID: None
e. CALL FOR BIDS: None
f. ADOPTION OF RESOLUTIONS:
(1) Adopting Resolution No. 202 3-, approving designating parking lot and street at the Marina Library as areas where overnight parking or camping shall be pr ohibited pursuant to Munici pal Code Section 10.40.150 .

Pulled from the agenda by staff.
(2) Adopting Resolution No. 2023 -24, ratifying Exhibit A, as corrected, to Ordinance 2022-06, and direct its codification; direct the City Clerk to file a copy of this corrected Exhibit A to Ordinance 2022-06 with the California Building Standards Commission of the State of California. (3) Adopt Resolution No. 2023-25, accepting the Housing Element Annual Progress Report (APR) for calendar year 2022 and authorizing staff to submit the report to the Governor’s Office of Planning and Research and the California Department of Housing and Community Development.

This item is exempt from environmental review per Section 15306 (Information Collection) of the California En vironmental Qua lity Act (CEQA) Guidelines.
g. APPROVAL OF AGREEMENTS: None
h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
i. MAPS: None
j. REPORTS: (RECEIVE AND FILE): None
k. FUNDING & BUDGET MATTERS: None
(1) Adopting Resolution No. 2023-26, approving the allocation of $165,000 for emergency fire sprinkler system repairs at 721 Neeson Road. l. APPROVE ORDINANCES (WAIVE SECOND READING):
(1) Read by Title Only and adopting Ordinance No. 202 3-03, approving amending Section s 17.38.070 and 17.38.090 of the Marina Municipal Code to modif y the parking s tandards in the MH -R Dis trict for the Townhomes in Sea Haven; and
(2) Read by title only and adopting Ordinance 2023 -04, approving the Second Amendment to the Development Agreement for Sea Haven pursuant to Chapter 4.04 of the Marina Municipal Code.
m. APPROVE APPOINTMENTS:
(1) Appointing to Recreation & Cult ural S ervices Commission: Shawn Adams and Sheila Baker. 2-seats expiring February 2025 4 MINUTES for City Council Meeting of Tuesday, March 21, 2023 Page 5

Council Member McCarthy commented on agenda items 10f(3) and 10m(1). 10f(3), great work, reflects the hard work the planning department has done to be in compliant with the housing element. 10m(1), congratulated the appointed Recreation Commission members.

Council Member Biala commended on agenda item 10m(1). Notice that one of the applicants did not complete sections 3 and 4 of the application and stated that in the future she would like to see the application completed fully before being appointed to a commission.

DELGADO/MEDINA DIRKSEN: TO APP ROVE THE CONSENT AGENDA MINUS 10f(1) AND REVISED EXHIBIT A TO AGENDA ITEM 10 f(2). 5-0-0-0 Motion Passed by Roll Call Vote

11. PUBLIC HEARINGS: In the Council’s discretion, the applicant/proponent of an item may be given up to ten (1 0) minutes to speak. A ll oth er persons ma y be given up to three (3) minutes to speak on the matter.
a. Open a public hearing, take public te stimony, and con sider introducing Ordinance No. 2023 -05, a mending S ection 17.46 ( Signs) of the Marina Municipal Code. The proposed amendments are e xempt from CE QA per section 15061(b)(3). Continued from March 7, 2023
Mayor opened up the public hearing for comments:
• Grace Silva -Santella – Commented on the Code Enforcement Officer position and the difficulty of keeping up with the complaints. Asked if there will be code enforcement of signs or the sign ordinance . How does this sign ordinance revisions apply to tall, narrow, vertical banners? Spoke about past talks of possibly allowing professional ly designed and built A-frame signs for central Marina to draw people off the street to businesses located at the back end of our older shopping centers.
• Rashlund – Clarified what a “sign cabinet” was. Sp oke about the idea of a temp orary sign and its purpos e. Believes “feather flags ” should be sp ecial events only . Noted th ere was nothing mentioned about dynamic LED signs . Commented on Marina Village Sh opping Center signage and the difference going from cabinet signs to the channel letter signs. City should move to channel letter signage to make the city attractive.

Mayor Delgado closed the public hearing.

DELGADO/BIALA: T HAT WE OPENED THE PUBLIC HEARING AND
INTRODUCED ORDINANCE NO. 2023 -05, AMENDING SECTION 17.46 (SIGNS) OF THE MARINA MUNICIPAL CODE. 4-0-0-1(McCarthy). Motion Passes by Roll Call Vote with McCarthy abstaining.
b. Introduction of Ordinance No. 2023 -06, amending the Acc essory Dwelling Unit (ADU) Ordinance, Marina Municipal Code (MMC), Chapte r 17.42.040, bringing these sections into compliance with recent change s in state law. The proposed amendments are exempt from the Cali fornia Environmental Quality Act (CEQA) per Sec. 15303(a). Continued from March 7, 2023 Mayor opened up the public hearing for comments:
• Jeff Markham – Noted Marina already has a parking problem with adding A DU’s but can’t deny the use . Asked City Council to consider residential parking permits that are allocated per household to get control of the situation.

Mayor Delgado closed the public hearing.
5 MINUTES for City Council Meeting of Tuesday, March 21, 2023 Page 6

MCCARTHY/VISSCHER: THAT WE OPENED THE PUBLIC HEARING AND INTRODUCED ORDINANCE NO. 2023 -06, AMENDING THE ACCESSORY

DWELLING UNIT (ADU) OR DINANCE, MARINA MUNICIPAL CODE (MMC), CHAPTER 17.42.040, BRINGING THESE SECTIONS INTO COMPLIANCE WITH RECENT CHANGES IN STATE LAW. 5-0-0-0 Motion Passes by Roll Call Vote

12. OTHER ACTIONS ITEMS OF THE SUCCESSOR AGENCY TO THE F ORMER MARINA REDEVELOPMENT AGENCY: Action listed for each Agenda item is that which is requested by staff. The Su ccessor Agency may, at its discretion, take action on any items. Members of the public may be given up to three (3) minutes to speak.

13. OTHER ACTION ITEMS: Action listed for e ach Agenda item is that which is requested by staff. The City Council may, at its discretion, take acti on on any items. Members of th e public may be given up to three (3) minutes to speak.

Note: N o additional majo r projects or prog rams should be undertake n without review of the impacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). a. Adopting Resolution No. 2023 -27, authorizing the City Manager , or his designee, to negot iate a Memorandum of Understand ing (MOU ) with the Marina Equestrian Ass ociation (MEA) for the provision of eq uestrian boarding and related uses, and directing the City Manager to return to Council with a resolution to consider ad option of a mutually agreea ble MOU between the City and MEA. Continued from March 7, 2023
Public Comments:
• Jeff Mark ham – Stated that most of the ho rsed boarded by the MEA were not owned by residents of Marina. Asked what provi sions would be made to make sure that city owned property, th at’s given out to the M arina Equestrian Assoc iation would actually be usable primarily by Marina residents?

MEDINA DIRKSEN/BIALA: THAT WE ADOPT RESOLUTION NO. 2023 -27,

AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO NEGOTIATE A

MEMORANDUM OF UNDERSTANDING (MOU) WITH THE MARINA EQUESTRIAN

ASSOCIATION (MEA) FOR THE P ROVISION OF EQUESTRI AN BOARDING AND

RELATED USES, AND D IRECTING THE CITY MANAGER TO RETURN TO

COUNCIL WITH A RESOLUTION TO CONSIDER ADOPTION OF A MUTUALLY AGREEABLE MOU BETWEEN THE CITY AND MEA. 5 -0-0-0 Motion Passes by Roll Call Vote

b. Adopting Resolution No. 2023 -28, approving the Phase 1B-Promenade Public Improvement Agreement between City of Marin a and Shea Homes, LP.

Public Comments: None received.

MCCARTHY/VISSCHER: THAT WE APPROVE RESOLUTION NO. 2023 -28, APPROVING THE PHASE 1B -PROMENADE PUBLIC IMPROVE MENT
AGREEMENT BETWE EN CITY OF MARINA AND SHEA HOMES, LP. AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE PUBLIC
6 MINUTES for City Council Meeting of Tuesday, March 21, 2023 Page 7

IMPROVEMENT AGREEMENT ON BEHALF OF CITY SUBJECT TO FINAL REVIEW AND APPRO VAL BY THE CITY ATTORNEY . 5-0-0-0 Motion Passes by Roll Call Vote

c. Adopting Resolution No. 2023-29, approving the Phase 1B-Promenade Final Map for The Dunes on Monterey Bay Development Project Subdivision.

Public Comments: None received.

BIALA/VISSCHER: TH AT WE APPROVE RESOLUTION NO. 2023 -29, APPROVING THE PHASE 1B-PROMENADE FINAL MAP FOR THE D UNES ON MONTEREY BAY DEVELOPMENT PROJECT SUBDIVISION; ANS AUTHORIZING THE CITY CLERK

TO EXECUTE THE FINAL MAP ON BEHALF OF CITY SUBJECT TO FINAL REVIEW AND APPROVAL B Y THE CITY ATTORNEY . 5-0-0-0 Motion Passes by Ro ll Call Vote
9:45 PM
Medina Dirksen/McCarthy: to extend the meeting time until the completion of agenda item 13d. 5-0-0-0 Motion Passes by Roll Call Vote
d. Adopting Resolution No. 2023-30, receiving a presentation for the four options for the proposed Dunes City P ark Project; and providing input on the design for the proposed Dunes City Park Project.

Public Comments:
• Mike – Concerned about spending money on the unknown users. Likes Option #2. Asked if Council was deciding tonight on what to pick. Believes putting 2 fields into that area and putting 8 foot retaining walls here and there, and reducing the amphitheater is not a good idea especially with options at Preston Park. Concerned about the potential shri nking of children population.
• Leslie – Asked to retain a couple of the tennis courts i n plan and segregate the pickleball courts to avoid balls from on sport crossing into the other courts and due to the gr owth of both sports.
• Jeff Markham – Spoke about the legacy trees where the barracks had been removed and the possible loss of them in Options #3 and #4 to accommodate a large sports field. Forwarded to Council on a Poll that was done on Nextdoor and hope you will look at them and listen to another source of information.
• Tommy Bolea – Likes Option #1 as it preserves lots of e xisting trees. Comme nted on the what sports could be brought indoors when it’s cold. Compared natural grass versus Astroturf and the maintenance and upkeep of the fields.
• Grace Silva-Santella – expressed appreciation that you discuss the population numbers in the presentation and asked questions about them . Commented on the landmark trees and the health of the m, they will need some work and a proper budget to maintain the care. The Recreation Commission sent you a recommendation to remove the Sports Pavilion to address the parking needs that can ’t be met by any of the options and maintenance costs .

Commented on the growing desire for pickleball.
7 MINUTES for City Council Meeting of Tuesday, March 21, 2023 Page 8

• Karen Andersen – Excited about the park and the possibilities of the swim center and prefers Option #2 as it maintains the amphitheater and provides the ball parks. Believes the church could be used for a museum.
• Vely Matthews – Likes Option #3. Commented on all the youth sports in Marina and noted there were more youth sports than pickleball o r tennis. Marina serves about 300 children fo r baseball and about 500 for soccer. Hopes Marina leaders will learn to take and incorporate this into our new and fix our new existing f ields that we've been trying so hard to maintain and keep up with. We need more for our youths.
• Nancy Amadeo – Prefers Option #1, it only has one park and it leave more room for quiet recreation an d it also maintains the three historic building. Spoke a bout pr evious counc il approving the naming of the FORTAG in Marina would be called the Veterans Memorial Trail so people walking the rail could reflect on the military history. Commented on the amphitheater.
• Don Hofer – MCP will continue to work with Staff on more o f the details on how we interface from the development to the park. Concerned about the parking along the west side and noted parking should be along Second Avenue . The concern has to do with the fact that the streets in that area are essentially neighborhood streets. Asked if there could be some analysis as to whether or not the major park fields could be accessed off Second Avenue as opposed to the streets within the neighborhood. Expressed concerns about the amphitheater facing the neighborhood with the noise.
• Carrie Burley – Commented on the population concerns with in the youths and spoke about all the children signed up with the your sports programs and not having enough sports fields to accommodate them. Noted there was nothing m entioned about supporting girls’ softball.

Commented on the current condition of trying to play on the Preston Park ball field. • Mike Kennedy – Likes Option #2, best comprom ise between Opt ion #3 and Option #4.

Option. #2 will also keep m ost of, not all of the legacy trees and other substantial trees that provide tremendously beneficial optics.
• Jason Companion – Spoke about working in both adult sports and yo uth sports. Suggested more beach volleyball areas. Likes Option 3.

Medina Dirksen/Delgado: That w e have received a presentatio n about the Dunes City Park, and that we adopt Option #3, with the provision that we work with the MIRA and other observatory fo lks, and that the plan includes two tennis courts ; a nd that we concurrently work to see the viability of improving Preston Park . Motion Withdrawn by motion maker.

Substitute Motion
McCarthy/Biala: That we adopt Park plan number 2, with the provisions that:

1. It’s Dark-sky certified.

2. That we work with the observatory (MIRA) to develop a usage policy . (if MIRA is not happy with that policy they have a right to appeal to the city council).

Friendly Amendments
Council Member Biala

3. Look into realistic timelines and assessment of the Gillia at Preston Park

4. that we get information on the impact of the way that the pavilion is situated in option. 2.

5. Suggestions of alternate sites for the 3 barracks/Museum. 8 MINUTES for City Council Meeting of Tuesday, March 21, 2023 Page 9

6. we look at the noise factor of the amphitheater and parking (best location)

Mayor Pro Tem Medina Dirksen

7. staff explore adding one more sand volleyball and move basketball somewhere else.

8. adding an additional tennis court, so the design would have two tennis courts and remove the Pickleball.

Mayor Delgado

9. ask Staf f to look at the possibility of widened the entrance at Second Avenue, Eighth Street

10. Staff to compare, to investigate by National standards how many ball fields we need and do some comparison to some comparative analysis, to what's going on in Seaside (that we do a needs assessment for our ball fields with some understanding of wh at seaside is doing, and their numbers compared to ours and what State standards might)

Final Substitute Motion
MCCARTHY/BIALA: THAT WE ADOPT OPTION #2 AND DIRECT STAFF TO:

1. DARK-SKY CERTIFIED.

2. THAT WE WORK WITH THE OBSERVATORY (MIRA) TO DEVELOP A USAGE POLICY.

3. LOOK INTO REALISTIC T IMELINES AND ASSESSMENT OF THE GI LIA AT

PRESTON PARK

4. THAT WE GET INFORMATION ON THE IMPACT OF THE WAY THAT THE PAVILION IS SITUATED IN OPTION # 2.

5. SUGGESTIONS OF ALTERNATE SITES FOR THE 3 BARRACKS/MUSEUM.

6. WE LOOK AT THE NOISE FACTOR OF THE AMPHITHEATER AND
PARKING.

7. STAFF EXP LORE ADDING ONE MORE SAND VOLLEYBALL AND MOVE BASKETBALL SOMEWHERE ELSE.

8. ADDING AN ADDITIONAL TENNIS COURT, SO THE DESIGN WOULD HAVE TWO TENNIS COURTS AND REMOVE THE PICKLEBALL.

9. ASK STAFF TO LOOK AT THE POSSIBILITY OF WIDENED TH E

ENTRANCE AT SECOND AVENUE, EIGHTH STREET

10. STAFF TO COMPARE, TO INVESTIGATE BY NATIONAL STANDARDS HOW

MANY BALL FIELDS WE NEED A ND DO SOME COMPARISON TO SOM E COMPARATIVE ANALYSIS, TO WHAT'S GOING ON IN SEASIDE.

Substitute Motion #2
Visscher/ : motion to choose Option #1; and consider (1) widening the entrance at 8 Street and Second Avenue ; (2) postponed the pavilion but keep space for it ; (3) postpone the historic Buildings Museums; (4) eliminate or postpone one-bathroom building; (5) consider adding a beach volleyball co urts; (6) have 2 tennis courts ; (7) c onsider adding 2 pickable c ourts; (8) worked with Mira, and (9) immediately start working on plans to improve and expand Preston Park and Budget proper maintenance for both parks or old parks. Motion d ies for a lack of a Second.
9 MINUTES for City Council Meeting of Tuesday, March 21, 2023 Page 10

e. City C ouncil receive the consultant’s Objective Design Standards (ODS) presentation, receive any input from the pub lic, and provide its own feedback on the key takeaways and community feedback presented. Continued to April 4, 2023

14. COUNCIL & STAFF INFORMATIONAL REPORTS:
a. Monterey County Mayor’s Association [Mayor Bruce Delgado] b. Council repor ts on meeting s and conferences attended (Gov’t Code Section 53232).

15. ADJOURNMENT: The meeting adjourned at 1:05 A.M.

Anita Sharp, Deputy City Clerk

ATTEST:

Bruce C. Delgado, Mayor
10 March 31, 2023 Item No. 10f(1)

Honorable Mayor and Members City Council Meeting
of the Marina City Council of April 4, 2023

CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2023-, APPROVING

PARTICIPATION IN NATIONWIDE OPIOID SETTLEMENT LITIGATION WITH TEVA, ALLERGAN, CVS, WALGREENS AND WALMART; AND APPOINTING THE CITY MANAGER AS THE CITY’S AUTHORIZED REPRESENTATIVE TO TAKE ALL REASONABLE AND NECESSARY ACTIONS.

REQUEST:

It is requested that the City Council consider:

1. Adopting Resolution No. 202 3-, approving participation in the Nationwide Opioid Settlement Litigation with Teva, Allergan, CVS, Walgreens and Walmart; and appointing the City Manager as the City’s Authorized Representative to Take All Reasonable and Necessary Actions.

INTRODUCTION
In late 2022, proposed nationwide settlement agreements were reached that would resolve the opioid litigation brought by states and local political subdivisions against three pharmacy chains— CVS, Walgreens, and Walmart —and two additional manufacturers —Allergan and Teva (collectively, “Defendants”). The settlement agreements will require these Defendants to pay more than $18 billion over 15 years to participating states and subdivisions to remediate and abate the impacts of the opioid crisis. The City of Marina (“City”) will receive an allocation of the settlement funds only if it “opts-in” to participate in the litigation settlement no later than April 18, 2023.

BACKGROUND:

Previously, in 2021, nationwide settlements were reached to resolve all opioids litigation brought by states and local political subdivisions against the three largest pharmaceutical distributors — McKesson, Cardinal Health, and AmerisourceBergen (“Distributors”)—and against manufacturer Janssen Pharmaceuticals, Inc. and its parent company Johnson & Johnson (collectively, “J&J”).

These “2021 National Settlements” have been finalized, and payments have already begun. In all, the Distributors will pay up to $21 billion over 18 years, and J&J will pay up to an additional $5 billion over no more than nine years. The City Council previously adopted Resolution 2021-124 to participate in the se settlements. To date, the City has received approximately $31,000 in settlement payments. It’s anticipated that the City will receive fewer dollars in subsequent settlement years.

The 2022 National Settlements were the culmination of many years of intense negotiations among representatives of the State Attorneys General, the court -appointed Plaintiffs’ Executive Committee and Negotiation Committee . Assuming maximum participation, the 2022 National Settlements require:
• Teva to pay up to $3.34 billion over 13 years and to provide either $1.2 billion of its generic version of the drug Narcan over 10 years or $240 million of cash in lieu of product, as each state may elect;
• Allergan to pay up to $2.02 billion over 7 years;
• CVS to pay up to $4.90 billion over 10 years;
• Walgreens to pay up to $5.52 billion over 15 years; and • Walmart to pay up to $2.74 billion in 2023, and all payments to be made within 6 years. 1 In January 2023, each of the Defendants confirmed that a sufficient number of states had agreed to the settlements to move forward. The greater the level of subdivision participation, the more funds will ultimately be paid out for abatement. (These figures include amounts attributable to prior settlements between the Defendants and certain states/subdivisions and amounts for attorneys’ fees and costs.)
Under the 2022 National Settlements, at least 85% of the funds going directly to participating states and subdivisions must be used for abatement of the opioid epidemic, with the overwhelming bulk of the proceeds restricted to funding future abatement efforts by state and local governments.

In addition to providing billions of dollars for abatement, the settlements also impose changes in the way the settling Defendants conduct their business. For example:
• Teva and Allergan have agreed to strict limitations on their marketing, promotion, sale, and distribution of opioids, including a ban on: (1) promotion and lobbying; (2) rewarding or disciplining employees bas ed on volume of opioid sales; and (3) funding or grants to third parties; and
• Walmart, CVS, and Walgreens are required to implement changes in how they handle opioids, including requirements addressing their compliance structures, pharmacist judgment, dive rsion prevention, suspicious order monitoring, and reporting on red -flag processes, as well as blocked and potentially problematic prescribers.

As with the 2021 National Settlements, states and local governments that want to participate in the 2022 National Settlements now have the opportunity to “opt in.” This is not an ordinary “class action” in which a party is subject to settlement unless it affirmatively opts out. Instead a local government entity must opt in and affirmatively approve the settlement , which requires the local government to release any claim against the settling opioid distributors and manufacturers.

ANALYSIS:

The funds will be available for a broad range of approved abatement uses designed to (1) address the misuse and abuse of opioid products, (2) treat or mitigate opioid use or related disorders, or (3) mitigate other alleged effects of, including on those injured as a result of, the opioid epidemic. The list of pre-approved uses includes a wide range of intervention, treatment, education, and recovery services. A complete list of eligible uses is included as Attachment A. If the City opts in to the settlement it can elect to: (1) receive settlement funds through direct payment and use the funds for approved abatement or remediation uses; (2) authorize transfer of the funds, and the burden to spend them appropriately and account for them, to Monterey County (“County”); or (3) contract with the County for use of the funds. If the City elects to receive the funds directly, the City will have annual reporting obligations on the use of these funds. The City opted to receive direct payments for the 2021 National Settlements and will do the same for the 2022 Settlements. This Resolution approves participation in the settlement and appoints the City Manager as the City’s authorized representative to execute all necessary documents, following review and approval by the City Attorney, to receive or make other allocation of the funds as allowed in accordance with the settlement agreement and allowed uses.

FISCAL IMPACT:

Preliminary estimates indicate that the City could receive more than $ 150,000 over a 1 5-year period, with a large portion of the funds payable during the initial seven years. The disbursement schedule is not yet available. If the City elects to receive funds directly , the City will incur staff time to fulfill its annual reporting obligations to demonstrate the proper use of the funds for approved opioid abatement activities. The extent of these reporting obligations is unknown but is not expected to be unduly burdensome.
2 Public safety staff are working with finance staff to utilize these funds in conformance with the list of uses as shown in ATTACHMENT A.

CONCLUSION:

This request is submitted for City Council consideration and adoption of a resolution approving participation in the 2022 Nationwide Opioid Settlement Litigation with Teva, Allergan, CVS, Walgreens and Walmart; and appointing the City Manager as the City’s authorized representative to take all reasonable and necessary actions to implement the agreements.

Respectfully submitted,

Juan Lopez
Finance Director
City of Marina

REVIEWED/CONCUR:

_________________________
Layne Long
City Manager
City of Marina

3 RESOLUTION NO. 2023-xx

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

PARTICIPATION IN NATIONWIDE OPIOID SETTLEMENT LITIGATION WITH TEVA, ALLERGAN, CVS, WALGREENS, AND WALMART; AND APPOINTING THE CITY MANAGER AS THE CITY’S AUTHORIZED REPRESENTATIVE TO TAKE ALL REASONABLE AND NECESSARY ACTIONS.

WHEREAS, local jurisdictions throughout the County, including the City of Marina, have and continue to experience an opioid epidemic as a result of opioid misuse, abuse, dependency, overdoses, and opioid related deaths; and

WHEREAS, according to the Centers for Disease Control, one in four people who are prescribed opioids for chronic pain develop issues with addiction; and

WHEREAS, the opioid epidemic affects our communities, devastates families, and overwhelms our health care, social services, law enforcement, and judicial systems; and

WHEREAS, the effects of the opioid epidemic have disproportionately affected Monterey County, although the number of opioids prescribed in Monterey County is decreasing, due in part t o new regulations and the efforts of the Monterey County Prescribe Safe Initiative, a collaborative effort between doctors, hospitals, and law enforcement to address the problem of misuse of prescription medications and to reduce the overall harm from the use of potentially addictive opioid pain medications; and

WHEREAS, state and local subdivisions filed suit against opioid manufacturers and distributors, seeking damages and injunctive relief arising from opioid use and misinformation; and

WHEREAS, rep resentatives of litigating state and local subdivisions reached settlement agreements with pharmacy chains CVS, Walgreens, Walmart and with manufacturer s Allergan and Teva; and

WHEREAS, pursuant to the terms of settlement agreements, state and eligible l ocal subdivisions must “opt in” to the settlement on or before April 18, 2023, by, among other possible actions, executing a Participation Agreement; and

WHEREAS, if the City of Marina elects to participate in the settlements, the City is expected to receive monetary payments over a 15-year period to fund opioid abatement costs, as defined; and

WHEREAS, the City Council finds that receiving the settlement funds is critical to the City’s ongoing efforts to provide and maintain intervention, treatment, education, and recovery services necessary to effectively combat the epidemic.

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

Section 1. Participation in the Settlement. The City Council hereby approves and elects to “opt in” to the settlement agreements reached with distributors CVS, Walgreens, and Walmart and with manufacturers Allergan and Teva, relating to the National Multi -District Opioid Litigation, as a full participant.

4 Resolution No. 2023-
Page Two

Section 2. City Manager Appointment. The City Council hereby appoints the City Manager as the City’s Authorized Representative and authori zes the City Manager to take all necessary and reasonable actions to effectuate the City’s participation in the settlement and sign all necessary agreements, each following review and approval of the City Attorney.

Section 3. Effective Date. This Resolution shall be effective upon its adoption.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on this 4th day of April 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
5 E-1
Exhibit E
List of Opioid Remediation Uses
Schedule A
Core Strategies
Settling States and Exhibit G Participants may choose from among the abatement strategies listed in Schedule B. However, priority may be given to the following core abatement strategies (“Core Strategies”).1
A. NALOXONE OR OTHER FDA-APPROVED DRUG TO

REVERSE OPIOID OVERDOSES

1. Expand training for first responders, schools,
community support groups and families; and

2. Increase distribution to individuals who are
uninsured or whose insurance does not cover the needed
service.

B. MEDICATION-ASSISTED TREATMENT (“MAT”)

DISTRIBUTION AND OTHER OPIOID-RELATED

TREATMENT

1. Increase distribution of MAT to individuals who are
uninsured or whose insurance does not cover the needed
service;

2. Provide education to school-based and youth-focused
programs that discourage or prevent misuse;

3. Provide MAT education and awareness training to
healthcare providers, EMTs, law enforcement, and other
first responders; and

4. Provide treatment and recovery support services such as residential and inpatient treatment, intensive outpatient treatment, outpatient therapy or counseling, and recovery housing that allow or integrate medication and with other support services.
1 As used in this Schedule A, words like “expand,” “fund,” “provide” or the like shall not indicate a preference for new or existing programs.

ATTACHMENT A
6 E-2
C. PREGNANT & POSTPARTUM WOMEN

1. Expand Screening, Brief Intervention, and Referral to Treatment (“SBIRT”) services to non-Medicaid eligible or uninsured pregnant women;

2. Expand comprehensive evidence-based treatment and
recovery services, including MAT, for women with co-
occurring Opioid Use Disorder (“OUD”) and other
Substance Use Disorder (“SUD”)/Mental Health disorders
for uninsured individuals for up to 12 months postpartum; and

3. Provide comprehensive wrap-around services to individuals with OUD, including housing, transportation, job
placement/training, and childcare.

D. EXPANDING TREATMENT FOR NEONATAL
ABSTINENCE SYNDROME (“NAS”)

1. Expand comprehensive evidence-based and recovery
support for NAS babies;

2. Expand services for better continuum of care with infant- need dyad; and

3. Expand long-term treatment and services for medical
monitoring of NAS babies and their families.

E. EXPANSION OF WARM HAND-OFF PROGRAMS AND

RECOVERY SERVICES

1. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments;

2. Expand warm hand-off services to transition to recovery services;

3. Broaden scope of recovery services to include co-occurring SUD or mental health conditions;

4. Provide comprehensive wrap-around services to individuals in recovery, including housing, transportation, job
placement/training, and childcare; and

5. Hire additional social workers or other behavioral health workers to facilitate expansions above.
7 E-3

F. TREATMENT FOR INCARCERATED POPULATION

1. Provide evidence-based treatment and recovery support, including MAT for persons with OUD and co-occurring
SUD/MH disorders within and transitioning out of the
criminal justice system; and

2. Increase funding for jails to provide treatment to inmates with OUD.

G. PREVENTION PROGRAMS

1. Funding for media campaigns to prevent opioid use (similar to the FDA’s “Real Cost” campaign to prevent youth from
misusing tobacco);

2. Funding for evidence-based prevention programs in schools;

3. Funding for medical provider education and outreach regarding best prescribing practices for opioids consistent with CDC guidelines, including providers at hospitals (academic
detailing);

4. Funding for community drug disposal programs; and

5. Funding and training for first responders to participate in pre- arrest diversion programs, post-overdose response teams, or similar strategies that connect at-risk individuals to behavioral health services and supports.

H. EXPANDING SYRINGE SERVICE PROGRAMS

1. Provide comprehensive syringe services programs with more wrap-around services, including linkage to OUD
treatment, access to sterile syringes and linkage to care and treatment of infectious diseases.

I. EVIDENCE-BASED DATA COLLECTION AND

RESEARCH ANALYZING THE EFFECTIVENESS OF THE

ABATEMENT STRATEGIES WITHIN THE STATE

8 E-4

Schedule B
Approved Uses
Support treatment of Opioid Use Disorder (OUD) and any co-occurring Substance Use Disorder or Mental Health (SUD/MH) conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:

PART ONE: TREATMENT

A. TREAT OPIOID USE DISORDER (OUD)
Support treatment of Opioid Use Disorder (“OUD”) and any co-occurring Substance Use Disorder or Mental Health (“SUD/MH”) conditions through evidence-based or evidence- informed programs or strategies that may include, but are not limited to, those that:2

1. Expand availability of treatment for OUD and any co-occurring SUD/MH conditions, including all forms of Medication-Assisted Treatment (“MAT”) approved by the U.S.

Food and Drug Administration.

2. Support and reimburse evidence-based services that adhere to the American Society of Addiction Medicine (“ASAM”) continuum of care for OUD and any co-occurring SUD/MH conditions.

3. Expand telehealth to increase access to treatment for OUD and any co-occurring SUD/MH conditions, including MAT, as well as counseling, psychiatric support, and other treatment and recovery support services.

4. Improve oversight of Opioid Treatment Programs (“OTPs”) to assure evidence-based or evidence-informed practices such as adequate methadone dosing and low threshold approaches to treatment.

5. Support mobile intervention, treatment, and recovery services, offered by qualified professionals and service providers, such as peer recovery coaches, for persons with OUD and any co-occurring SUD/MH conditions and for persons who have experienced an opioid overdose.

6. Provide treatment of trauma for individuals with OUD (e.g., violence, sexual assault, human trafficking, or adverse childhood experiences) and family members (e.g., surviving family members after an overdose or overdose fatality), and training of health care personnel to identify and address such trauma.

2 As used in this Schedule B, words like “expand,” “fund,” “provide” or the like shall not indicate a preference f or new or existing programs.
9 E-5

7. Support evidence-based withdrawal management services for people with OUD and any co-occurring mental health conditions.

8. Provide training on MAT for health care providers, first responders, students, or other supporting professionals, such as peer recovery coaches or recovery outreach specialists, including telementoring to assist community-based providers in rural or underserved areas.

9. Support workforce development for addiction professionals who work with persons with OUD and any co-occurring SUD/MH conditions.

10. Offer fellowships for addiction medicine specialists for direct patient care, instructors, and clinical research for treatments.

11. Offer scholarships and supports for behavioral health practitioners or workers involved in addressing OUD and any co-occurring SUD/MH or mental health conditions, including, but not limited to, training, scholarships, fellowships, loan repayment programs, or other incentives for providers to work in rural or underserved areas.

12. Provide funding and training for clinicians to obtain a waiver under the federal Drug Addiction Treatment Act of 2000 (“DATA 2000”) to prescribe MAT for OUD, and provide technical assistance and professional support to clinicians who have obtained a DATA 2000 waiver.

13. Disseminate web-based training curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service–Opioids web-based training curriculum and motivational interviewing.

14. Develop and disseminate new curricula, such as the American Academy of Addiction Psychiatry’s Provider Clinical Support Service for Medication–Assisted Treatment.

B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY
Support people in recovery from OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the programs or strategies that:

1. Provide comprehensive wrap-around services to individuals with OUD and any co- occurring SUD/MH conditions, including housing, transportation, education, job placement, job training, or childcare.

2. Provide the full continuum of care of treatment and recovery services for OUD and any co-occurring SUD/MH conditions, including supportive housing, peer support services and counseling, community navigators, case management, and connections to community-based services.
10 E-6

3. Provide counseling, peer-support, recovery case management and residential treatment with access to medications for those who need it to persons with OUD and any co-occurring SUD/MH conditions.

4. Provide access to housing for people with OUD and any co-occurring SUD/MH conditions, including supportive housing, recovery housing, housing assistance programs, training for housing providers, or recovery housing programs that allow or integrate FDA-approved mediation with other support services.

5. Provide community support services, including social and legal services, to assist in deinstitutionalizing persons with OUD and any co-occurring SUD/MH conditions.

6. Support or expand peer-recovery centers, which may include support groups, social events, computer access, or other services for persons with OUD and any co- occurring SUD/MH conditions.

7. Provide or support transportation to treatment or recovery programs or services for persons with OUD and any co-occurring SUD/MH conditions.

8. Provide employment training or educational services for persons in treatment for or recovery from OUD and any co-occurring SUD/MH conditions.

9. Identify successful recovery programs such as physician, pilot, and college recovery programs, and provide support and technical assistance to increase the number and capacity of high-quality programs to help those in recovery.

10. Engage non-profits, faith-based communities, and community coalitions to support people in treatment and recovery and to support family members in their efforts to support the person with OUD in the family.

11. Provide training and development of procedures for government staff to appropriately interact and provide social and other services to individuals with or in recovery from OUD, including reducing stigma.

12. Support stigma reduction efforts regarding treatment and support for persons with OUD, including reducing the stigma on effective treatment.

13. Create or support culturally appropriate services and programs for persons with OUD and any co-occurring SUD/MH conditions, including new Americans.

14. Create and/or support recovery high schools.

15. Hire or train behavioral health workers to provide or expand any of the services or supports listed above.
11 E-7

C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED
(CONNECTIONS TO CARE)
Provide connections to care for people who have—or are at risk of developing—OUD and any co-occurring SUD/MH conditions through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that:

1. Ensure that health care providers are screening for OUD and other risk factors and know how to appropriately counsel and treat (or refer if necessary) a patient for OUD treatment.

2. Fund SBIRT programs to reduce the transition from use to disorders, including SBIRT services to pregnant women who are uninsured or not eligible for Medicaid.

3. Provide training and long-term implementation of SBIRT in key systems (health, schools, colleges, criminal justice, and probation), with a focus on youth and young adults when transition from misuse to opioid disorder is common.

4. Purchase automated versions of SBIRT and support ongoing costs of the technology.

5. Expand services such as navigators and on-call teams to begin MAT in hospital emergency departments.

6. Provide training for emergency room personnel treating opioid overdose patients on post-discharge planning, including community referrals for MAT, recovery case management or support services.

7. Support hospital programs that transition persons with OUD and any co-occurring SUD/MH conditions, or persons who have experienced an opioid overdose, into clinically appropriate follow-up care through a bridge clinic or similar approach.

8. Support crisis stabilization centers that serve as an alternative to hospital emergency departments for persons with OUD and any co-occurring SUD/MH conditions or persons that have experienced an opioid overdose.

9. Support the work of Emergency Medical Systems, including peer support specialists, to connect individuals to treatment or other appropriate services following an opioid overdose or other opioid-related adverse event.

10. Provide funding for peer support specialists or recovery coaches in emergency departments, detox facilities, recovery centers, recovery housing, or similar settings; offer services, supports, or connections to care to persons with OUD and any co- occurring SUD/MH conditions or to persons who have experienced an opioid overdose.

11. Expand warm hand-off services to transition to recovery services. 12 E-8

12. Create or support school-based contacts that parents can engage with to seek immediate treatment services for their child; and support prevention, intervention, treatment, and recovery programs focused on young people.

13. Develop and support best practices on addressing OUD in the workplace.

14. Support assistance programs for health care providers with OUD.

15. Engage non-profits and the faith community as a system to support outreach for treatment.

16. Support centralized call centers that provide information and connections to appropriate services and supports for persons with OUD and any co-occurring SUD/MH conditions.

D. ADDRESS THE NEEDS OF CRIMINAL JUSTICE-INVOLVED PERSONS Address the needs of persons with OUD and any co-occurring SUD/MH conditions who are involved in, are at risk of becoming involved in, or are transitioning out of the criminal justice system through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that:

1. Support pre-arrest or pre-arraignment diversion and deflection strategies for persons with OUD and any co-occurring SUD/MH conditions, including established strategies such as:

1. Self-referral strategies such as the Angel Programs or the Police Assisted Addiction Recovery Initiative (“PAARI”);

2. Active outreach strategies such as the Drug Abuse Response Team (“DART”) model;

3. “Naloxone Plus” strategies, which work to ensure that individuals who have received naloxone to reverse the effects of an overdose are then linked to treatment programs or other appropriate services;

4. Officer prevention strategies, such as the Law Enforcement Assisted Diversion (“LEAD”) model;

5. Officer intervention strategies such as the Leon County, Florida Adult Civil Citation Network or the Chicago Westside Narcotics Diversion to Treatment Initiative; or

6. Co-responder and/or alternative responder models to address OUD-related 911 calls with greater SUD expertise.
13 E-9

2. Support pre-trial services that connect individuals with OUD and any co-occurring SUD/MH conditions to evidence-informed treatment, including MAT, and related services.

3. Support treatment and recovery courts that provide evidence-based options for persons with OUD and any co-occurring SUD/MH conditions.

4. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are incarcerated in jail or prison.

5. Provide evidence-informed treatment, including MAT, recovery support, harm reduction, or other appropriate services to individuals with OUD and any co- occurring SUD/MH conditions who are leaving jail or prison or have recently left jail or prison, are on probation or parole, are under community corrections supervision, or are in re-entry programs or facilities.

6. Support critical time interventions (“CTI”), particularly for individuals living with dual-diagnosis OUD/serious mental illness, and services for individuals who face immediate risks and service needs and risks upon release from correctional settings.

7. Provide training on best practices for addressing the needs of criminal justice- involved persons with OUD and any co-occurring SUD/MH conditions to law enforcement, correctional, or judicial personnel or to providers of treatment, recovery, harm reduction, case management, or other services offered in connection with any of the strategies described in this section.

E. ADDRESS THE NEEDS OF PREGNANT OR PARENTING WOMEN AND

THEIR FAMILIES, INCLUDING BABIES WITH NEONATAL ABSTINENCE

SYNDROME
Address the needs of pregnant or parenting women with OUD and any co-occurring SUD/MH conditions, and the needs of their families, including babies with neonatal abstinence syndrome (“NAS”), through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, those that:

1. Support evidence-based or evidence-informed treatment, including MAT, recovery services and supports, and prevention services for pregnant women—or women who could become pregnant—who have OUD and any co-occurring SUD/MH conditions, and other measures to educate and provide support to families affected by Neonatal Abstinence Syndrome.

2. Expand comprehensive evidence-based treatment and recovery services, including MAT, for uninsured women with OUD and any co-occurring SUD/MH conditions for up to 12 months postpartum.
14 E-10

3. Provide training for obstetricians or other healthcare personnel who work with pregnant women and their families regarding treatment of OUD and any co-occurring SUD/MH conditions.

4. Expand comprehensive evidence-based treatment and recovery support for NAS babies; expand services for better continuum of care with infant-need dyad; and expand long-term treatment and services for medical monitoring of NAS babies and their families.

5. Provide training to health care providers who work with pregnant or parenting women on best practices for compliance with federal requirements that children born with NAS get referred to appropriate services and receive a plan of safe care.

6. Provide child and family supports for parenting women with OUD and any co- occurring SUD/MH conditions.

7. Provide enhanced family support and child care services for parents with OUD and any co-occurring SUD/MH conditions.

8. Provide enhanced support for children and family members suffering trauma as a result of addiction in the family; and offer trauma-informed behavioral health treatment for adverse childhood events.

9. Offer home-based wrap-around services to persons with OUD and any co-occurring SUD/MH conditions, including, but not limited to, parent skills training.

10. Provide support for Children’s Services—Fund additional positions and services, including supportive housing and other residential services, relating to children being removed from the home and/or placed in foster care due to custodial opioid use.

PART TWO: PREVENTION
F. PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE

PRESCRIBING AND DISPENSING OF OPIOIDS
Support efforts to prevent over-prescribing and ensure appropriate prescribing and dispensing of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:

1. Funding medical provider education and outreach regarding best prescribing practices for opioids consistent with the Guidelines for Prescribing Opioids for Chronic Pain from the U.S. Centers for Disease Control and Prevention, including providers at hospitals (academic detailing).

2. Training for health care providers regarding safe and responsible opioid prescribing, dosing, and tapering patients off opioids.

3. Continuing Medical Education (CME) on appropriate prescribing of opioids. 15 E-11

4. Providing Support for non-opioid pain treatment alternatives, including training providers to offer or refer to multi-modal, evidence-informed treatment of pain.

5. Supporting enhancements or improvements to Prescription Drug Monitoring Programs (“PDMPs”), including, but not limited to, improvements that:

1. Increase the number of prescribers using PDMPs;

2. Improve point-of-care decision-making by increasing the quantity, quality, or format of data available to prescribers using PDMPs, by improving the interface that prescribers use to access PDMP data, or both; or

3. Enable states to use PDMP data in support of surveillance or intervention strategies, including MAT referrals and follow-up for individuals identified within PDMP data as likely to experience OUD in a manner that complies with all relevant privacy and security laws and rules.

6. Ensuring PDMPs incorporate available overdose/naloxone deployment data, including the United States Department of Transportation’s Emergency Medical Technician overdose database in a manner that complies with all relevant privacy and security laws and rules.

7. Increasing electronic prescribing to prevent diversion or forgery.

8. Educating dispensers on appropriate opioid dispensing.

G. PREVENT MISUSE OF OPIOIDS
Support efforts to discourage or prevent misuse of opioids through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:

1. Funding media campaigns to prevent opioid misuse.

2. Corrective advertising or affirmative public education campaigns based on evidence.

3. Public education relating to drug disposal.

4. Drug take-back disposal or destruction programs.

5. Funding community anti-drug coalitions that engage in drug prevention efforts.

6. Supporting community coalitions in implementing evidence-informed prevention, such as reduced social access and physical access, stigma reduction—including staffing, educational campaigns, support for people in treatment or recovery, or training of coalitions in evidence-informed implementation, including the Strategic Prevention Framework developed by the U.S. Substance Abuse and Mental Health Services Administration (“SAMHSA”).
16 E-12

7. Engaging non-profits and faith-based communities as systems to support prevention.

8. Funding evidence-based prevention programs in schools or evidence-informed school and community education programs and campaigns for students, families, school employees, school athletic programs, parent-teacher and student associations, and others.

9. School-based or youth-focused programs or strategies that have demonstrated effectiveness in preventing drug misuse and seem likely to be effective in preventing the uptake and use of opioids.

10. Create or support community-based education or intervention services for families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH conditions.

11. Support evidence-informed programs or curricula to address mental health needs of young people who may be at risk of misusing opioids or other drugs, including emotional modulation and resilience skills.

12. Support greater access to mental health services and supports for young people, including services and supports provided by school nurses, behavioral health workers or other school staff, to address mental health needs in young people that (when not properly addressed) increase the risk of opioid or another drug misuse.

H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION) Support efforts to prevent or reduce overdose deaths or other opioid-related harms through evidence-based or evidence-informed programs or strategies that may include, but are not limited to, the following:

1. Increased availability and distribution of naloxone and other drugs that treat overdoses for first responders, overdose patients, individuals with OUD and their friends and family members, schools, community navigators and outreach workers, persons being released from jail or prison, or other members of the general public.

2. Public health entities providing free naloxone to anyone in the community.

3. Training and education regarding naloxone and other drugs that treat overdoses for first responders, overdose patients, patients taking opioids, families, schools, community support groups, and other members of the general public.

4. Enabling school nurses and other school staff to respond to opioid overdoses, and provide them with naloxone, training, and support.

5. Expanding, improving, or developing data tracking software and applications for overdoses/naloxone revivals.

6. Public education relating to emergency responses to overdoses. 17 E-13

7. Public education relating to immunity and Good Samaritan laws.

8. Educating first responders regarding the existence and operation of immunity and Good Samaritan laws.

9. Syringe service programs and other evidence-informed programs to reduce harms associated with intravenous drug use, including supplies, staffing, space, peer support services, referrals to treatment, fentanyl checking, connections to care, and the full range of harm reduction and treatment services provided by these programs.

10. Expanding access to testing and treatment for infectious diseases such as HIV and Hepatitis C resulting from intravenous opioid use.

11. Supporting mobile units that offer or provide referrals to harm reduction services, treatment, recovery supports, health care, or other appropriate services to persons that use opioids or persons with OUD and any co-occurring SUD/MH conditions.

12. Providing training in harm reduction strategies to health care providers, students, peer recovery coaches, recovery outreach specialists, or other professionals that provide care to persons who use opioids or persons with OUD and any co-occurring SUD/MH conditions.

13. Supporting screening for fentanyl in routine clinical toxicology testing.

PART THREE: OTHER STRATEGIES

I. FIRST RESPONDERS
In addition to items in section C, D and H relating to first responders, support the following:

1. Education of law enforcement or other first responders regarding appropriate practices and precautions when dealing with fentanyl or other drugs.

2. Provision of wellness and support services for first responders and others who experience secondary trauma associated with opioid-related emergency events.

J. LEADERSHIP, PLANNING AND COORDINATION
Support efforts to provide leadership, planning, coordination, facilitations, training and technical assistance to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, the following:

1. Statewide, regional, local or community regional planning to identify root causes of addiction and overdose, goals for reducing harms related to the opioid epidemic, and areas and populations with the greatest needs for treatment intervention services, and 18 E-14

to support training and technical assistance and other strategies to abate the opioid epidemic described in this opioid abatement strategy list.

2. A dashboard to (a) share reports, recommendations, or plans to spend opioid settlement funds; (b) to show how opioid settlement funds have been spent; (c) to report program or strategy outcomes; or (d) to track, share or visualize key opioid- or health-related indicators and supports as identified through collaborative statewide, regional, local or community processes.

3. Invest in infrastructure or staffing at government or not-for-profit agencies to support collaborative, cross-system coordination with the purpose of preventing overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and any co-occurring SUD/MH conditions, supporting them in treatment or recovery, connecting them to care, or implementing other strategies to abate the opioid epidemic described in this opioid abatement strategy list.

4. Provide resources to staff government oversight and management of opioid abatement programs.

K. TRAINING
In addition to the training referred to throughout this document, support training to abate the opioid epidemic through activities, programs, or strategies that may include, but are not limited to, those that:

1. Provide funding for staff training or networking programs and services to improve the capability of government, community, and not-for-profit entities to abate the opioid crisis.

2. Support infrastructure and staffing for collaborative cross-system coordination to prevent opioid misuse, prevent overdoses, and treat those with OUD and any co- occurring SUD/MH conditions, or implement other strategies to abate the opioid epidemic described in this opioid abatement strategy list (e.g., health care, primary care, pharmacies, PDMPs, etc.).

L. RESEARCH
Support opioid abatement research that may include, but is not limited to, the following:

1. Monitoring, surveillance, data collection and evaluation of programs and strategies described in this opioid abatement strategy list.

2. Research non-opioid treatment of chronic pain.

3. Research on improved service delivery for modalities such as SBIRT that demonstrate promising but mixed results in populations vulnerable to opioid use disorders.
19 E-15

4. Research on novel harm reduction and prevention efforts such as the provision of fentanyl test strips.

5. Research on innovative supply-side enforcement efforts such as improved detection of mail-based delivery of synthetic opioids.

6. Expanded research on swift/certain/fair models to reduce and deter opioid misuse within criminal justice populations that build upon promising approaches used to address other substances (e.g., Hawaii HOPE and Dakota 24/7).

7. Epidemiological surveillance of OUD-related behaviors in critical populations, including individuals entering the criminal justice system, including, but not limited to approaches modeled on the Arrestee Drug Abuse Monitoring (“ADAM”) system.

8. Qualitative and quantitative research regarding public health risks and harm reduction opportunities within illicit drug markets, including surveys of market participants who sell or distribute illicit opioids.

9. Geospatial analysis of access barriers to MAT and their association with treatment engagement and treatment outcomes.
20 March 28, 2023 Item No. 10g(1)

Honorable Mayor and Members City Council Meeting
of the Marina City Council of April 4, 2023

RECOMMENDATION TO CONSIDER ADOPTING RESOLUTION NO.
2023-, APPROVING A PUBLIC IMPROVEMENT AGREEMENT FOR
THE VETERAN’S TRANSITION CENTER (VTC) “LIGHTFIGHTER
VILLAGE” PERMANENT SUPPORTIVE HOUSING PROJECT

BETWEEN T HE CITY OF MARINA AND USA PROPERTIES FUND,
INC., AND; AUTHORIZING CITY MANAGER TO EXECUTE THE

PUBLIC IMPROVEMENT AGREEMENT ON BEHALF OF THE CITY

SUBJECT TO FINAL REVIEW AND A PPROVAL BY THE CITY

ATTORNEY

RECOMMENDATION:

It is recommended that the City Council:

1. Consider adopting Resolution No. 20 23-, approving a Public Improvement Agreement for the Veteran’s Transition Center (V TC) “Lightfighter Village” Permanent Supportive Housing Project between the City of Marina and Lightfighter Village GP, LLC, and;

2. Authorizing the City Manager to execute the Public Improvement Agreement on behalf of the City subject to final review and approval by the City Attorney.

BACKGROUND:

At the regular meeting of November 20, 2018, the City Council adopted Resolution No. 2012-76, approving the Specific Plan (SP 2012-01) for a ±2.4 acre project site located at 229-239 Hayes Circle (APN 031-021-040). The proposed project consists of a new three-story, seventy-one (71) unit apartment complex.

ANALYSIS:

Lightfighter Village GP (“Developer”) has submitted the on-site and off-site Improvement Plans for approval . Marina Munici pal Code (MMC) section 16.06 .090 sets the requiremen ts for the off-site improve ments for the right-of-way. MMC section 16.06.170 and 16.16.100 require an improvement security, such as a bond s, for all proposed improv ements within the City right of way to ensure the timely construction of such improvements.

The Public Improvement Agreement has been reviewed by the Developer and the City Attorney.

The Developer will provide labor and materials and faithful perfo rmance bonds as required by the Agreement.

FISCAL IMPACT:

Should the City Council approve this reques t, the City requires t he Developer to provide satisfactory evidence of their ability to complete the public improvements by the posting of labor and material and faithful performance subdivision improvement bonds in an amount of 100% of the cost to perform the work. In the event of default on the part of the Developer, the City would utilize the bond funding to complete the improvements.
1 For the construction of off-site improvements, the Developer will post a bond in the amount of Six Hundred and Fifty-Six Thousand Dollars ($656,000.00) for co mpletion of the public improvements and a bond in the amount of Six Hundred and Fifty-Six Thousand Doll ars ($656,000.00) to secure payment for labor and materials. The Developer will also be required to apply for an encroachment permit fo r the construction inspection of the right-of-way improvements.

CONCLUSION:

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

Respectfully submitted,

__________________________
Edrie Delos Santos, P.E.

Senior Engineer, Engineering Division
City of Marina

REVIEWED/CONCUR:

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

Public Works Director/City Engineer
City of Marina

_____________________________
Layne P. Long
City Manager
City of Marina

2 RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA
APPROVING A PUBLIC IMPROVEMENT AGREEMENT FOR THE VETERAN’S TRANSITION CENTER (VTC) “LIGHTFIGHTER VILLAGE” PERMANENT

SUPPORTIVE HOUSING PROJECT BETWEEN THE CITY OF MARINA AND USA PROPERTIES FUND, INC., AND; AUTHORIZING CITY MANAGER TO EXECUTE

THE PUBLIC IMPROVEMENT AGREEMENT ON BEHALF OF THE CITY

SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY

WHEREAS, at the regular meeting of November 20, 2018, the City Council adopted Resolution No. 2012-76, approving the S pecific Plan (SP 2012-01) for a ±2.4 acre project site located at 229-239 Hayes Circle (APN 031-021-040). The proposed project consists of a new three -story, seventy-one (71) unit apartment complex.

WHEREAS, Lightfighter Village GP (“Developer”) has submitted the on-site and off -site Improvement Plans for approval . Marina Munici pal Code (MMC) section 16.06 .090 sets the requirements for the off-site improve ments for the right-of-way. MMC section 16.06.170 and

16.16.100 require an improvement security, suc h as a bond s, for all proposed improv ements within the City right of way to ensure the timely construction of such improvements.

WHEREAS, the Public Improvement Ag reement has been reviewed by the Developer and the City Attorney. The Developer will provide labor and materials and faithful performance bonds as required by the Agreement.

WHEREAS, should the City Council approve this reques t, the City requires t he Developer to provide satisfactory evidence of their ability to com plete the public improvements by the posting of labor and material and f aithful performance subdivision improvement bonds in an amount of 100% of the cost to perform the work. In the even t of default on the part of the Developer, the City would utilize the bond funding to complete the improvements.

WHEREAS, for the construction of off-site improvements, the Developer will post a bond in the amount of Six Hundred and Fifty-Six Thousand Dollars ($656,000.00) for co mpletion of the public improvements and a bond in the amount of Six Hundred and Fifty-Six Thousand Dollars ($656,000.00) to secure payment for labor and materials. The Developer will also be required to apply for an encroachment permit fo r the construction inspection of the right-of-way improvements.

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

1. Approve a Public Impr ovement Agreement for the Veteran’s Transition Center (VTC) “Lightfighter Village” Permanent Supportive Housing Project between the City of Marina and Lightfighter Village GP, LLC, and;

2. Authorize the City Manager to execute the Public Improvement Agreement on behalf of the City subject to final review and approval by the City Attorney.

3 Resolution No. 2023-
Page Two

PASSED AND ADOPTED by the City Council of the City of Marina at a regula r meeting duly held on the 4th day of April 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

4 1
Recording requested by and when
when recorded, return to:

City of Marina
211 Hillcrest Avenue
Marina, CA 93933
Attn: Public Works Director
Exempt from recording fee, per
Government Code Section 6103
______________________________________________________________________________ APN: 031-021-040

PUBLIC IMPROVEMENT AGREEMENT

FOR IMPROVEMENT OF STREETS, INSTALLATION OF SIDEWALKS,

LANDSCAPING, STREET LIGHTS AND OTHER PUBLIC WORKS FACILITIES – 239-243 Hayes Circle, Marina CA –
This Public Improvement Agreement for Streets, Installation of Sidewalks, Landscaping, Street Lights and Other Public Works Facilities (the “Agreement”) is made and entered into this _______day of __________, 2023, by and between the City of Marina, herein called the “City,” a municipal corporation, and Lightfighter Village GP, LLC, a real property owner and developer, herein called the “Developer .” City and Developer are sometimes hereinafter in dividually referred to as “Party” and hereinafter collectively referred to as the ”Parties.” Recitals
A. Developer has presented to City for approval a plan of development (the “Development”) located at 239-243 Hayes Circle, Marina CA, Marina, California (the “Property”) within the City, pursuant to provisions of the City’s ordinances and regulations relating to development approval.

B. Marina Municipal Code Section 16. 06.090 provides that improvements may include paving; gutter; curb; sidewalks; raised medians; street lights; street trees; landscaping; street signs; street barricades, walls and fences (the “Improvements”) necessary along the frontage of the Property as described and shown on Off-Improvement Plan Sheet (s) (the “Improvement Plans”). Completion of all Improvements in accordance with the Improvement Plans shall be completed prior to final inspection.

C. The Development has been approved, subject to the requirements and conditions on file in the Office of the Director of Public Works and incorporated into this Agreement by reference.

EXHIBIT A
5 2
D. The City has certain responsibiliti es for maintenance and operation of certain Improvements, utilities and public service facilities after acceptance by City, and the City agrees to discharge those responsibilities following its acceptance of the Improvements.

E. In consideration of the approval of the Development, Developer desires to enter into this Agreement, whereby Developer promises to install and complete, at Developer’s own expense, the Improvements . Developer has secured its performance pursuant this Agreement by improvement security required by the City and approved by the City Attorney.

NOW THEREFORE, in consideration of the foregoing and in order to carry on the intent and purpose of said Codes, Ordinances, Resolutions, Rules and Regulations, it is agreed by and between the parties as follows:

SECTION 1

The recitals to this Agreement are hereby incorporated into the terms of this Agreement. 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 concerning 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 Regulations include, but are not limited to, the following: The Municipal Code of the City of Marina, including the current Zoning Ordinance, and the currently adopted California Building Code. Performance by Developer of this Agreement shall not be construed to vest Developer’s rights with respect to any change in any zoning or building law or ordinance.

Developer has been alerted to the requirements of California Labor Code section 1770 et seq. which require the payment of prevailing wage rates and the performance of other requirements if it is d etermined that this Agreement constitutes a public works contract. It shall be the sole responsibility of Developer to determine whether to pay prevailing wages for any or all work required by this Agreement. As a material part of this Agreement, Develop er agrees to assume all risk of liability arising form any decision not to pay prevailing wages for the work required by this Agreement.

SECTION 2

The Developer agrees:

a. To undertake its obligations pursuant to this Agreement in accordance with each and every one of the applicable Codes, Ordinances, Resolutions, Rules and other Regulations and to comply with the foregoing and all applicable laws.

b. Prior to acceptance of the Improvements by the City, to indemnify, 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, liabilities and expenses (including without limitation reasonable attorney’s fees) because of or arising or resulting directly or indirectly from (i) any damage done

EXHIBIT A
6 3
to any utility, public facility or other material or installation of the City on said real estate as a result of the Developer or any contractor or subcontractor of the Developer, or any employee of the foregoing, grading or working upon said real estate conducted by Developer or any contractor or subcontractor of the Developer ; or (ii) any act or omission of Developer or Developer’s contractors, or subcontractors, or any employee of the foregoing in connection with the design, construction or other work performed by them in connection with this Agreement, including without limitation all claims relating to injury or death of any person or damage to any property, except for such claims, demands, causes of action , liability or loss arising out of the sole negligence or intentional 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 or construction of the Property or the Improvements pursuant to the Improvement Plans, regardless of any negligent action or inaction taken by City in approving the Improvement Plans unless the particular improvement design was specifically required by City over written objection by Developer submitted to the City Engineer before construction and acceptance of the Improvements, which objection indicated that the particular improvement design was dangerous or defective and suggested an alternate safe and feasible design. Prior to acceptance, Developer shall remain obligated for routine maintenance of the Improvements. After acceptance, City shall be obligated for the routine maintenance of all Impr ovements but Developer shall remain obligated to eliminate any defect in design or dangerous condition caused by any design o r construction defect. Provisions of this Section shall remain in full force and effect for ten years following acceptance by City of the Improvements. The Improvement security shall not be required to cover the provisions of this Section. Developer shall reimburse City for all reasonable 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 enforcing the provisions of this Section.

d. To construct and improve, or have constructed and improved at its own cost, expense and liability, all public works facilities and other Improvements described in the Improvement Plans submitted to the City in furtherance of this Agreement on file with the City. To obtain, prior to commencing work all necessary permits and licenses and to give all incidental notices required for the lawful construction of the I mprovements. If during the course of construction and installation of the Improvements, it is determine d that the public interest requires alterations to the Improvements, Developer shall undertake such design and construction changes as may be reasonably required by the City. All Improvements shall be completed in accordance with all standards established in the applicable Codes, Ordinances, Resolutions, Rules and Regulations, all applicable laws and this Agreement, and in accordance with the grades, plans, and specifications approved by the City Engineer or his or her designee. Developer shall furnish two good and sufficient bonds, in an amount of 100% of the City Engineer’s, or his or her designee’s, estimated cost of the Improvements, guaranteeing Developer’s performance of this Agreement:
(1) a Payment Bond on a form provided by the City; and (2) a Faithful Performance Bond, both of which must be secured from a surety company admitted to do business in California. Each bond shall set forth a time period for performance by the Developer of its obligations and the terms and conditions on which the City may obtain the proceeds of the bond. Alternatively, the Developer may provide a cash deposit in an amount of 100% of the City Engineer’s, or his or her designee’s, estimated cost of the Improvements to guarantee Developer’s performance of this Agreement.

EXHIBIT A
7 4
The Faithful Performance Bond shall be in an amount not less than one hundred percent (100%) of the total estimated amount payable for the Improvements described in this A greement, and shall secure payment to City of any loss due to the default of the Developer or its contractors or subcontractors their inability or refusal to perform this Agreement, and to guarantee or warranty the work done pursuant to this Agreement for a period of one year following acceptance thereof by City against any defective work or labor done or defective materials furnished. The Performance Bond shall by its terms remain in full force and effect for a period of not less than one year after completion of the Improvements by Developer and acceptance of the Improvements by the City, provided that after completion of the Improvements by the Developer and acceptance of the Improvements by the City, Developer may substitute for the Performance Bond securing the warranty described above with a separate warranty bond issued by an admitted surety in the amount of ten percent (10%) of the total contract price of the Improvements (provided that amount of said bond shall not be less than One Thousand Dollars ($1,000) to cover the one-year warranty period).

The Payment Bond shall be in an amount not less than one hundred percent (100%) of the total estimated amount payable for the Improvements described in this Agreement. The Payment Bond shall secure the payment of those persons or entities to whom the Developer may become legally indebted for labor, materials, tools, equipment or services of any kind used or employed by the contractor or subcontractor in performing the work, or taxes or amounts to be withheld thereon.

The Payment Bond shall provide that the surety will pay the following amounts should the Developer, or its contractor or subcontractors fail to pay the same, plus reasonable attorneys’ fees to be fixed by the court if suit is brought upon the bond: (1) amounts due to any person that has a lien right pursuant to California Civil Code Sections 8520, 8530 and 9100; (2) amounts due under the Unemployment Insurance Code with respect to work or labor performed for the Improvements described in this Agreement; and (3) any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Developer, its contractors and subcontractors pursuant to Section 13020 of the Unemployment Insurance Code with respect to the work and labor. The Payment Bond shall, by its terms, inure to the benefit of any person that has a lien right pursuant to Civil Code Sections 8520, 8530 and 9100 so as to give a right of action to those persons or their assigns in any suit brought upon the bond.

Developer shall file with the Recorder’s Office of the County of Monterey a notice of completion of the Improvements in accordance with California Civil Code section 3093.

The Developer shall submit the following for both the surety that furnishes the Payment Bond and the surety that furnishes the Faithful Performance Bond: (1) a current printout from California Department of Insurances website ( www.insurance.ca.gov) showing that the surety is admitted to do business in the State; or (2) a certificate from the Clerk of the County of Monterey that the surety’s certificate of authori ty has not been surrendered, revoked, canceled, annulled, or suspended or in the event that it has, than renewed authority has been granted.

e. Any use by any person of the Improvements or any portion thereof, shall be at the sole and exclusive risk of Developer prior to City ’s acceptance of the Improvements. At all times during the term of this Agreement and until the Improvements constructed by Developer are accepted by City, Developer shall, at no cost to City obtain and maintain (1) a policy of general liability and

EXHIBIT A
8 5
property damage insurance in the minimum amount of Two Million Dollars ($2,000,000), combined single limit for both bodily injury and property damage; ( 2) workers’ compensation insurance as required by law; and ( 3) broad form “Builder’s Risk” property damage insurance limits of not less than 100% of the estimated value of the Improvements to be constructed by Developer pursuant to this Agreement (Builders Risk Insurance is not required when only mass grading and roadway- related improvements consisting of no structures are to be constructed).

Developer shall provide thirty (30) days written notice to City prior to termination, cancellation or modification of insurance. The insurance specified in (e) 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 loss suffered by reason of the acts or omissions of Developer or Developer’s contractors or subcontractors and shall be endorsed to waive all rights to recover against City for any loss or damage arising from a cause covered by the insurance required to be carried pursuant to this Agreement, and will cause each insurer to waive all rights of subrogation against City in connection therewith. All policies shall be written on an occurrence basis and not on a claims made basis and shall be issued by insurance companies acceptable to City. Prior to commencing any work pursuant this Agreement, Developer shall deliver to City the insurance company’s certificate evidencing the required coverage, or if required by City a copy of the policies obtained. Not later than 30 days prior to policy expiration date on the current certificate of insurance, the Developer shall deliver to the City a new and updated certificate of insurance evidencing all required coverage remains in place.

Developer or its contractor(s) shall procure and maintain workers’ compensation insurance with limits required by the California Labor Code and employer’s liability insurance with limits of not less than $1,000,000 per occurrence at all times during which the insured retains employees.

f. Developer shall pay to the City all fees, taxes and assessment imposed in connection with the Development and inspection of the Improvements including, but not limited to, plan check, design review, engineering, inspection, and other service fees and any impact of connection fees.

These fees must be pad in full prior to the City’s acceptance of the Improvements. The fees referred to above are not necessarily the only City fees, charges or other costs that have been, or will be, imposed on the Development and Improvements, and this Agreement shall in no way exonerate or relive the Developer from paying such other applicable fees, charges and/or cots.

SECTION 3

An estimate of the cost for construction of the Improvements and performing land development work in connection with the Improvements according to the Improvement Plans has been made and has been approved by the City Engineer or his or her designee. That estimated amount is Six Hundred Fifty Six Thousand Dollars ($656,000). The basis for the estimate is on file in the Office of the City Engineer and is incorporated into this Agreement by reference.

SECTION 4

Developer will commence construction of the Improvements required by this Agreement within the time period set forth in the Schedule of Performance attached hereto as Schedule 1 and incorporated herein by this reference (the “Schedule of Performance”) between City and

EXHIBIT A
9 6
Developer, as the Schedule of Performance may be subsequently amended in writing . All the provisions of this Agreement and all work to be done pursuant to the terms of this Agreement are to be completed within the time periods set forth in such Schedule of Performance. Developer shall maintain such public works facilities and other Improvements described in this Agreement at Developer’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. City agrees if it becomes necessary to allow Developer, by a prior writing signed by the Public Works Director, to keep streets closed to public traffic until the Improvements are accepted by the City and the bonds are released.

Improvement security may be released or reduced in the following manner:
a. Improvement security given for faithful performance of the agreement may be released upon final completion and acceptance of the Improvements by the City; partial release of cash deposit Improvement security as the work progresses shall be as established hereinabove. b. Improvement security securing the payment to the Developer, his contractors and subcontractors, and to persons renting equipment or furnishing labor or materials may, six months after the completion and acceptance of the work, be reduced to an amount not less than the total of all claims on which an action has been filed and notice thereof given in writing to the City Council, and if there are no actions filed, the Improvement security may be released in full. City expressly may require the surety not to release the amount of security deemed necessary by the City to assure payment of reasonable expenses and fees, including reasonable attorney’s fees.

SECTION 5

City shall not be responsible or liable for the maintenance or care of the Improvements until City approves and accepts them. City shall exercise no control over the Improvements until accepted by City. Any use by any person of the Improvements, or any portion thereof, shall be at the sole and exclusive risk of the Developer at all times prior to City’s acceptance of the Improvements.

Developer shall maintain all the Improvements in a state of good repair until they are completed by Developer and approved and accepted by the City, and until the security for the performance of this Agreement is released. Maintenance shall include, but shall not be limited to, repair of pavement, curbs, gutters, sidewalks, signals, parkways, water mains, and sewers; maintaining all landscaping in a vigorous and thriving condition reasonably acceptable to City; removal of debris from sewers and storm drains; and sweeping, repairing and maintaining in a good and safe condition all streets and street Improvements. It shall be Developer’s responsibility to initiate all maintenance work, but if it shall fail to do so, it shall promptly perform such maintenance work when notified to do so by City. If Developer fails to properly prosecute its maintenance obligation under this Section, City may do all work necessary for such maintenance and the cost thereof shall be the responsibility of Developer and its surety under this Agreement.

City shall not be responsible or liable for any damages or injury of any nature in any way related to or caused by the Improvements or their condition prior to acceptance.

SECTION 6

a) Default of Developer shall include, but not be limited to: (1) failure to timely commence construction of the Improvements; (2) failure to complete construction of the Improvements

EXHIBIT A
10 7
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 on the Improvements for a period of sixty calendar days after commencement of the work; (5) Developer’s insolvency, appointment of a receiver, or the filing of any petition in bankruptcy either voluntary or involuntary which Developer fails to discharge within thirty days; (6) commencement of a foreclosure action against the Development project or a portion thereof, or any conveyance in lieu or in avoidance of foreclosure; or (7) failure to perform any other obligation under this Agreement. Notwithstanding the foregoing, Developer shall not be in default under this Agreement if it cures any default within thirty days’ of City’s written notice of such default, or if the default may not reasonably be cur ed within such time period, if it commences to cure within thirty days and thereafter diligently proceeds to complete the cure.

b) City reserves to itself all remedies a vailable to it at law or in equity for breach of Developer’s obligations under this Agreement. City shall have the right, subject to this Section, to draw upon or utilize the appropriate security to mitigate City’s damages in the event of default by the Developer. The right of City to draw upon or utilize the security is 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 constru ction or installation of the Improvements and, therefore, City’s damages for Developer’s default shall not exceed the cost of completing the Improvements. The sums provided by the security for the Improvements may be used by City for the completion of the Improvements in accordance with the Improvement Plans referenced herein.

c) In the event of Developer’s default under this Agreement, Developer authorizes City to perform such obligation sixty days after mailing written notice of default to Developer and to Developer’s surety, and agrees to pay the entire cost of such performance 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 Developer, and Developer’s surety shall be liable to the City for any excess cost or damages occasioned City thereby, including but not limited to fees and charges of architects, engineers, attorneys, other professionals and court costs. In such event, City, without liability for doing so, may take possession of, and utilize in completing the work, such materials, appliances, plants and other property belonging to Developer 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 of Developer.

SECTION 7

That the following General Stipulations and any attached stipulations shall be completed, subject to the approval of the Public Works Director.

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

2. Schedule the construction of Improvements along existing public roads so that the work

EXHIBIT A
11 8
affecting vehicular traffic is complete with a minimum interruption of traffic.

3. All work within the public right -of-way shall be subject to the approval of the Public Works Director or his or her designee.

4. All construction work shall be coordinated so that the existing residents and/or businesses have access to their properties.

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

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

7. Any reimbursements due the Developer, unless specifie d otherwise in writing in this 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, Developer 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, Developer shall certify and warrant that neither the Improvements nor Developer is in violation of any environmental law and neither the Improvementsnor the Developer is subject to any existing, pending or threatened investigation by any federal, state or local governmental authority under or in connection with environmental law. Neither Developer nor any third party will use, generate, manufacture, produce, or release, on, under, or about the Improvements, any hazardous substance except in compliance with all applicable environmental laws. Developer has not caused or permitted the release of, and has no knowledge of the release or presence of, any hazardous substance on the Improvements or the migration of any hazardous substance from or to any other property adjacent to, or in the vicinity of, the Improvements. Developer’s prior and present use of the Improvements has not resulted in the release of any hazardous substance on the Improvements. Developer shall give prompt written notice to City at the address set forth herein of: (i) Any proceeding or investigation by any federal, state or local governmental authority with respect to the presence of any hazardous substance on the Improvements or the migration thereof from or to any other property adjacent to, or in the vicinity of, Improvements; (ii) Any claims made or threatened by any third party against City or the Improvements relating to any loss or injury resulting from any hazardous substance; and, (iii) Developer’s discovery of any occurrence or condition on any property adjoining in the vicinity of the Improvements that could cause the Improvements or any part thereof to be subject to any restrictions on its ownership, occupancy, use for the purpose for which is it is intended, transferability or suit under any environmental law.

EXHIBIT A
12 9
SECTION 8

Developer shall, at Developer’s expense, obtain all necessary permits and licenses for the construction and installation of the Improvements, give all necessary notices and pay all fees and taxes required by law.

SECTION 9

Neither Developer nor any of Developer’s agents, contractors or subcontractors are or shall be considered to be agents of City in connection with the performance of Developer’s obligations under this Agreement.

SECTION 10

Nothing contained in this Agreem ent shall preclude City from expending monies pursuant to agreements concurrently or previously executed between the parties, or from entering into agreements with other developers for the apportionment of costs of water and sewer mains, or other improvements, pursuant to the provisions of the City ordinance providing therefor, nor shall anything in this Agreement commit the City to any such apportionment.

SECTION 11

Developer shall not be entitled to assign its obligations under this Agreement to any tra nsferee of all or any part of the property within the Improvements or to any other third party without the express written consent of City.

SECTION 12

Acceptance of the work, or any portion of the work on behalf of the City shall be made by the City Council upon recommendation of the City Engineer after final completion and inspection of all Improvements and payment to the City by the Developer for the c ost of all inspections. Such acceptance shall not constitute a waiver of defects by City. The City shall recover all inspection costs.

SECTION 13

The provisions of this Agreement are severable. If any portion of this Agreement is held invalid by a court of competent jurisdiction, the remainder of the Agreement shall remain in full force and effect unless amended or modified by the mutual consent of the parties.

SECTION 14

In the event that suit or arbitration is brought to enforce the terms of this Agreement, the prevailing party shall be entitled to litigation costs and reasonable attorney’s fees.

EXHIBIT A
13 10
SECTION 15

This Agreement shall be interpreted in accordance with the laws of the State of California.

Jurisdiction of all disputes of this Agreemen t shall be in the County of Monterey, State of California.

SECTION 16

Time is of the essence of this Agreement.

SECTION 17

This Agreement constitutes the entire agreement of the parties with respect to the subject matter.

All modifications, amendments or waivers of the terms of this Agreement must be in writing and signed by an authorized representative of the parties.

SECTION 18

In the event the Schedule of Performance (including any Conforming Clarifications thereto) is tolled, the time for commencement of construction or completion of the Improvements hereunder shall be extended for the same duration as applies to th e Schedule of Performance. Any such extension may be granted without notice to Developer’s surety and shall not affect the validity of this Agreement or release the surety on any security given for this Agreement.

SECTION 19

The Parties hereby mutually agree that neither this Agreement, nor any other related entitlement, permit or approval issued by the City for the Development or Improvements shall operate to create the relationship of partnership, joint venture, or agency between City and Developer. Developer’s contractors and subcontractors are exclusively and solely under the control and dominion of Developer, Nothing herein shall be deemed to make Developer or its contractors or subcontractors an agent or contractor of the City.

SECTION 20

All notices, demands, invoices and written determinations shall be in writing and delivered to the following addresses, or such other addresses as the Parties may designate by written notice:

City of Marina Lightfighter Village GP, LLC
Attn: Public Works Director Attn: David Egan
211 Hillcrest Avenue 22 Pelican Way
Marina, CA 93901 San Rafael, CA 94901

EXHIBIT A
14 11
SECTION 21

This Agreement shall be construed with and governed by the laws of the State of California.

Any legal action or proceeding brought to interpret or enforce this Agreement, or which arises out of the Parties’ activities undertaken pursuant to this Agreement, shall be filed and prosecuted in the appropriate State court in the County of Monterey, California.

SECTION 22

This Agreement may be executed in counterpart originals, which taken together shall constitute one and the same instrument.

(Signatures contained on following page)

IN WITNESS WHEREOF , City and Developer have executed this Public Improvement Agreement as of the date first written above.

ATTEST: CITY OF MARINA

Anita Shepherd-Sharp Layne Long
Deputy City Clerk City Manager
Date:___________________

APPROVED AS TO FORM:

____________________________
City Attorney

By: Lightfighter Village GP, LLC
a California Limited Liability Company
Its: Managing General Partner

By: EAH Inc.
a California nonprofit public benefit corporation
Its: Manager/Member
By: _________________________________________
Name: David Egan
Title: Assistant Secretary

EXHIBIT A
15 STATE OF CALIFORNIA

COUNTY OF _____________

On ___________________, 20 ___, before me, ___________________________, Notary Public, personally appeared __________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument an d acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ___________________________________

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

EXHIBIT A
16 STATE OF CALIFORNIA

COUNTY OF _____________

On ___________________, 20___9, before me, ___________________________, Notary Public, personally appeared __________________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature ___________________________________

EXHIBIT A
17 SCHEDULE 1

SCHEDULE OF PERFORMANCE

(See attached Schedule)

EXHIBIT A
18 February 15, 2023 Item No. 10g(2)
Honorable Mayor and Members City Council Meeting
of the Marina City Council of April 4, 2023

THE CITY COUNCIL SHALL CONSIDER ADOPTING RESOLUTION
NO. 2023-, APPROVING AN AFFORDABLE HOUSING AGREEMENT
FOR THE VETERANS TRANSISTION CENTER AT 229-239 HAYES
CIRCLE (APN 031-021-040)
RECOMMENDATION: City Council shall consider

1. Adopting a resolution approving the affordable housing agreement for the Veteran’s Transition Center.

2. Find that the action is exempt from CEQA pursuant to CEQA Guidelines Sections 15061(b)(3) and 15378(b).

BACKGROUND:

In November of 2018 the City Council approved the Veteran ’s Transition Center at 229 -239 Hayes Circle. The proposed project is a th ree story, seventy -one (71) unit a partment structure intended to provide supportive housing for veterans, with pr iority on hom eless veterans . The facility will allow veterans to reside at the service-based property in perpetuity, as opposed to transition housing which limits the tenure of tenants. The project involve s the demolition of the existing house on site, a vacant duplex structure and construction of a 54,480 square foot three story 71-unit apartment complex organized into a main building and family wing connected via a covered walkway. Seventy (70 ) units will be rented, and one (1) unit is reserved for the onsite manager. When the City Council approved the project in 2018 , condition of approval #8 was placed on the permit requiring approval of an affordable housing agreement prior to the issuance of a building permit.

COA # 8. Affordable Housing Agreement/Program – Prior to issuance of the first construction permit, the Owner/Applicant shall development, sign, notarize and record an Affordable Housing Agreement with the City of Mar ina. Such agreement shall clearly identify the number of affordable units, the income level of affordability, the estimated rent to be collected for each unit, and the term (length) of all affordability restrictions.

To meet the applicant’s construction schedule and to complete financing of the project by April 15, 2023, approval of the agreement by the Council in a timely manner is necessary.

DISCUSSION:

City staff have reviewed the document along with legal counsel and recommend of approval by the Council at this time.

FISCAL IMPACT:

None.

ENVIRONMENTAL REVIEW:

This action is exemp t from environmental review pursuant t o CEQA Guidelines Section 15061(b)(3) because there is no possibi lity that receiving an update on the Housing Element’s Programs status will have a significant effect on the environment. As a separate and independent basis, this report is also exempt under CEQA Guidelines Section 15378(b). 1 CONCLUSION:

This request is submitted for City Council consideration and comment.

REVIEWED/CONCUR:

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

_____________________________
Layne Long
City Manager
City of Marina

Exhibit A – Draft Affordable Housing Agreement.

2 RESOLUTION NO. 2023-

THE CITY COUNCIL OF THE CITY OF MARINA SHALL ADOPT
RESOLUTION NO. 2023-, APPROVING AN AFFORDABLE HOUSING
AGREEMENT FOR THE VETERANS TRANSISTION CENTER AT 229-239 HAYES CIRCLE (APN 031-021-040)

WHEREAS, on November 18, 2018, at a regular meeting, the Marina City Council conducted a duly noticed public hearing , considered all public testimony, written and oral, and adopted Resolutions No. 2018-139, 140, and 141 to grant project entitlements for a seventy-one (71) unit veteran’s transition center at 229-239 Hayes Circle; and

WHEREAS, pursuant to project condition of approval #8 (COA #8 ) prior to the issuance of a building permit an affordable housing agreement must be approved by the City; and

WHEREAS, timely approval of this agreement is necessary in order for the applicant t o complete the project in an expeditious manner and to complete the financing for the project;

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

1. Approve the Affordable Housing Agreement (Exhibit A) to this resolution.

2. Find that the action is exempt from CEQA pursuant to Sections 15061(b)(3) and 15378(b) of the CEQA Guidelines.

PASSED AND ADOPTED by the City Council of the City of Marina at a duly noticed regular meeting duly held on the 4th day of April 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
3 661\06\3490107.3
1 RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:

City of Marina
211 Hillcrest Avenue
Marina, California
Attention: City Manager 93933

No fee for recording pursuant to
Government Code Section 27383

______________________________________________________________________________

REGULATORY AGREEMENTAND DECLARATION OF RESTRICTIVE

COVENANTS

LIGHTFIGHTER VILLAGE

This Regulatory Agreement and Declaration of Restrictive Covenants (the "Agreement") is made and entered into as of this ____ day of April, 2023 by and between the City of Marina, a municipal corporation (the "City"), and Lightfighter Village, L.P., a California Limited Partnership (the "Owner").

RECITALS

A. Owner owns a leasehold interest in that certain property located in the City of Marina on the former Fort Ord Base more particularly described in Exhibit A attached hereto.

B. The City has issued a Combined Development Permit including a General Plan Land Use Map Amendment, a Conditional Use Permit and Site and Architectural Design Review for the development of seventy-one (71) permanently supportive housing units (“Development”).

C. As a condition of approval of the Combined Development Permit and the Development, the Owner is required to comply with the City’s Inclusionary Housing Ordinance, Chapter 17.48 ,which requires that for properties located at the former Fort Ord, at least 40% of the residential units must be affordable to very low, low and moderate income housing, with at least 15% of the residential units affordable to very low income households.

EXHIBIT A
4 661\06\3490107.3
2 D. Pursuant to Chapter 17.48.080, the Affordable Units must be restricted pursuant to recorded covenants or restrictions which ensure that the Affordable Units remain available for occupancy by very low, low and moderate income households at affordable housing cost for fifty-five (55) years.

E. The following covenants and restrictions are recorded against the Property to ensure compliance with Chapter 17.48.080.

THEREFORE, the City and the Owner hereby agree as follows.

ARTICLE 1

DEFINITIONS

Section 1.1 Definitions. When used in this Agreement, the following terms shall have the respective meanings assigned to them in this Article 1. (a) "30% AMI Household" means a household with a 30% Income Level as published by TCAC, or if TCAC does not publish such level, a household with an Adjusted Income that does not exceed thirty percent (30%) of Median Income. (b) "30% Units" means the Units which, pursuant to Section 2.1 below are required to be occupied by 30% AMI Households.
(c) "50% AMI Household" means a household with a 50% Income Level as published by TCAC, or if TCAC does not publish such level, a household with an Adjusted Income that does not exceed fifty percent (50%) of Median Income. (d) "50% Units" means the Units which, pursuant to Section 2.1 below are required to be occupied by 50% AMI Households.
(e) "Actual Household Size" shall mean the actual number of persons in the applicable household.
(f) "Adjusted Income" shall mean with respect to the Tenant of each Affordable Unit, the income from all persons in the households, including nonrelated individuals, calculated using the methods to calculate income adopted by TCAC.

EXHIBIT A
5 661\06\3490107.3
3 (g) “Affordable Units” shall mean the 30% Units and the 50% Units collectively.
(h) "Agreement" shall mean this Regulatory Agreement.
(i) “City” shall mean the City of Marina, a municipal corporation. (j) "Development" shall mean the Property and the seventy-one (71) residential units to be developed on the Property, as well as all landscaping, roads and parking spaces existing thereon, as the same may from time to time exist. (k) "Development Loan” any loan received by Owner for the construction and operation of the Development.
(l) “Development Lender” means any lender of a Development Loan. (m) “Ground Lease” means the ground lease between Veterans Transition Center of Monterey County, as lessor and the Owner as lessee. (n) "HUD" means the United States Department of Housing and Urban Development.
(o) "Median Income" shall mean the median gross yearly income, adjusted for Actual Household Size, in the County of Monterey, California, as published from time to time by HUD. In the event that such income determinations are no longer published, or are not updated for a period of at least eighteen (18) months, the City shall provide the Owner with other income determinations which are reasonably similar with respect to methods of calculation to those previously published by HUD.
(p) "Owner" shall mean Lightfighter Village, L.P., a California Limited Partnership, and its successors and assigns to the Development. (q) "Property" shall mean the parcel of real property located in Marina, California, as more particularly described in Exhibit A. (r) "Rent" shall mean the total of monthly payments by the Tenant of an Affordable Unit for the following: (1) use and occupancy of the Affordable Unit and land and associated facilities, including parking; (2) any separately charged fees or service charges assessed by the Owner which are required of all Tenants, other than security deposits; (3) the cost of an adequate level of service for utilities paid by the Tenant, including garbage collection, sewer, water, electricity, gas and other heating, cooking and refrigeration fuel, but not internet, telephone service, cable television service or any other utility or service permitted to be excluded from the calculation of Rent pursuant to the terms of 25 California Code of Regulations Section 6918; and (4) any other interest, taxes, fees or charges for use of the land or associated facilities and assessed by a public or private entity other than the Owner, and paid by the Tenant. (s) "TCAC" means the California Tax Credit Allocation Committee.

EXHIBIT A
6 661\06\3490107.3
4 (t) "TCAC 30% Rent" means the maximum rent published by TCAC for a "30% AMI Household" in Monterey County for the applicable bedroom size. (u) "TCAC 50% Rent" means the maximum rent published by TCAC for a "50% AMI Household" in Monterey County for the applicable bedroom size. (v) "Tenant" shall mean a household occupying an Affordable Unit. (w) "Term" shall mean the term of this Agreement, which shall commence on the date of this Agreement and shall continue until the fifty fifth (55) anniversary of the date a Certificate of Occupancy is issued for the Development. (x) "Unit" shall mean one of the seventy-one (71) units to be constructed on the Property.

ARTICLE 2

AFFORDABILITY AND OCCUPANCY COVENANTS

Section 2.1 Occupancy Requirement.
(a) 30% Units. During the Term, the Owner shall cause eleven (11) of the Units to be rented to and occupied by, or if vacant, available for occupancy by 30% AMI Households.
(b) 50% Units. During the Term, the Owner shall cause eighteen (18) of the Units to be rented to and occupied by, or if vacant, available for occupancy by 50% AMI Households.

Section 2.2 Allowable Rent.
(a) 30% Units. Subject to the provisions of Section 2.3 below, the Rent paid by Tenants of the 30% Units may not exceed the TCAC 30% Rent for the applicable bedroom size.
(b) 50% Units. Subject to the provisions of Section 2.3 below, the Rent paid by Tenants of the 50% Units may not exceed the TCAC 50% Rent for the applicable bedroom size.
(c) Initial Rents and Rent Increases. Initial rents for all Affordable Units shall be approved by the City prior to occupancy to confirm compliance with this Agreement, which approval shall be deemed given if not denied within thirty (30) days after the City has received written request for approval. All rent increases shall also be subject to City approval to confirm compliance with this Agreement, which approval shall be deemed given if not denied within thirty (30) days after the City has received written request for approval. The City shall provide the Owner with a schedule of maximum permissible rents for the Affordable Units annually.

Rents may not be increased more often than once every twelve (12) months and by no more than five percent (5%) per year without the prior written approval of the City. Owner shall provide

EXHIBIT A
7 661\06\3490107.3
5 each Tenant with at least sixty (60) days written notice of any increase in Rent applicable to such Tenant.

Section 2.3 Increased Income of Tenants.
(a) Increase of Household Income Below Limit for 50% AMI Household. If, upon recertification of the income of a Tenant of an Affordable Unit, the Owner determines that the income of the Tenant has increased to above the qualifying limit for such household’s unit (i.e. a 30% AMI Household's income increases but is below a 50% AMI Household income) but below the qualifying limit of a 50% AMI Household, the Tenant may continue to occupy the Affordable Unit and the Tenant's Rent will remain at the applicable rent level set for Tenant's Affordable Unit and the Owner shall rent the next available Unit to a household that is either a 30% AMI Household or 50% AMI Household as necessary to maintain the appropriate number of units in each income category as required pursuant to Section 2.1 above. (b) Non-Qualifying Household. If, upon recertification of the income of a Tenant of an Affordable Unit, the Owner determines that the Tenant has an Adjusted Income exceeding the maximum qualifying income for a 50% AMI Household but the Tenant's income does not exceed 140% of the maximum qualifying income for a 50% AMI Household, such Tenant shall be permitted to continue occupying the Unit, the Tenant's Rent shall not be increased and the Owner shall rent the next available Unit to a 30% AMI Household or a 50% AMI Household as applicable, at a Rent not exceeding the maximum Rent specified in Section

2.2 or if the Owner has other Units occupied by 30% AMI Households or 50% AMI Households with rents at the allowable Rents in accordance with Section 2.2, the Owner may designate one of those Units as a 30% AMI Unit or 50% AMI Unit pursuant to this Agreement to ensure that the appropriate number of units in each income category as required pursuant to Section 2.1 above is maintained.
(c) Termination of Occupancy. Upon termination of occupancy of an Affordable Unit by a Tenant, such Affordable Unit shall be deemed to be continuously occupied by a household of the same income level as the income level of the vacating Tenant, until such Affordable Unit is reoccupied, at which time the income character of the Affordable Unit shall be redetermined. In any event, Owner shall maintain the occupancy requirements set forth in section 2.1 above.

Section 2.4 Income and Rent Calculations. In the event that TCAC no longer publishes the income and rent information that this Agreement contemplates that TCAC will publish, the City will provide the Owner with other income and rent determinations which are reasonably similar with respect to methods of calculations to those previously published by TCAC.

Section 2.5 Tenant Selection. Owner shall comply with the City's BMR Program Administrative Policies and Procedures as they currently exist or as they may be updated from time to time in the selection of Tenants, including complying with any preferences in such Guidelines, to the fullest extent allowed by applicable TCAC rules and regulations.

Section 2.6 Nondiscrimination. Owner shall not discriminate or segregate in the development, construction, use, enjoyment, occupancy, conveyance, lease, sublease, or rental of

EXHIBIT A
8 661\06\3490107.3
6 any part of the Property on the basis of race, color, ancestry, national origin, religion, sex, sexual preference or orientation, age, marital status, family status, source of income, physical or mental disability, veteran status, Acquired Immune Deficiency Syndrome (AIDS) or AIDS-related conditions (ARC) acquired or perceived, or any other arbitrary basis. Owner shall otherwise comply with all applicable local, state, and federal laws concerning discrimination in housing.

ARTICLE 3

INCOME CERTIFICATION AND REPORTING

Section 3.1 Income Certification. The Owner will obtain, complete and maintain on file, immediately prior to initial occupancy and annually thereafter, income certifications from each Tenant renting any of the Affordable Units, provided, however, to the extent allowed by TCAC, subsequent income certifications may be tenant certified. The Owner shall make a good faith effort to verify that the income provided by an applicant or occupying household in an income certification is accurate by taking two or more of the following steps as a part of the verification process: (a) obtain a pay stub for the most recent pay period; (b) obtain an income tax return for the most recent tax year; (c) conduct a credit agency or similar search; (d) obtain an income verification form from the applicant's current employer; (e) obtain an income verification form from the Social Security Administration and/or the California Department of Social Services if the applicant receives assistance from either of such agencies; or (f) if the applicant is unemployed and has no such tax return, obtain another form of independent verification. Copies of Tenant income certifications shall be available to the City upon request.

Section 3.2 Annual Report to City. The Owner shall submit to the City (a) not later than the sixtieth (60th) day after the close of each calendar year, or such other date as may be requested by the City, a statistical report, including income and rent data for all Affordable Units, setting forth the information called for therein, and (b) within fifteen (15) days after receipt of a written request, any other information or completed forms requested by the City in order to comply with reporting requirements of Health and Safety Code Section 33418.

Section 3.3 Additional Information. The Owner shall provide any additional information reasonably requested by the City. The City shall have the right to examine and make copies of all books, records or other documents of the Owner which pertain to the Development.

Section 3.4 Records. The Owner shall maintain complete, accurate and current records pertaining to the Development, and shall permit any duly authorized representative of the City to inspect records, including records pertaining to income and household size of Tenants upon reasonable prior notice during normal business hours. All Tenant lists, applications and waiting lists relating to the Development shall at all times be kept separate and identifiable from any other business of the Owner and shall be maintained as required by the City, in a reasonable condition for proper audit and subject to examination during business hours by representatives of the City. The Owner shall retain copies of all materials obtained or produced with respect to occupancy of the Units for a period of at least five (5) years.

Section 3.5 Expenses. Owner shall annually pay to City City's monitoring and enforcement fees for the Affordable Units in accordance with City's Master Fee Schedule. The

EXHIBIT A
9 661\06\3490107.3
7 monitoring or enforcement fee shall be either City's actual expenses incurred for monitoring or enforcing the terms of this Agreement, including staff time and third party costs or the amount set forth in the Master Fee Schedule, as determined by City.

Section 3.6 On-site Inspection. The City shall have the right to perform an on-site inspection of the Development at least one (1) time per year. The Owner agrees to cooperate in such inspection. If City desires to inspect the interior of the residential units, City shall give Owner sufficient written notice to allow Owner to give seventy-two (72) hours notice to residents.

ARTICLE 4

OPERATION OF THE DEVELOPMENT

Section 4.1 Residential Use. The Development shall be operated only for residential use. No part of the Development shall be operated as transient housing.

Section 4.2 Taxes and Assessments. Owner shall pay all real and personal property taxes, assessments and charges and all franchise, income, employment, old age benefit, withholding, sales, and other taxes assessed against it, or payable by it, at such times and in such manner as to prevent any penalty from accruing, or any lien or charge from attaching to the Property; provided, however, that Owner shall have the right to contest in good faith, any such taxes, assessments, or charges. In the event Owner exercises its right to contest any tax, assessment, or charge against it, Owner, on final determination of the proceeding or contest, shall immediately pay or discharge any decision or judgment rendered against it, together with all costs, charges and interest.

ARTICLE 5

PROPERTY MANAGEMENT AND MAINTENANCE

Section 5.1 Management Responsibilities. The Owner is responsible for all management functions with respect to the Development, including without limitation the selection of tenants, certification and recertification of household size and income, evictions, collection of rents and deposits, maintenance, landscaping, routine and extraordinary repairs, replacement of capital items, and security. The City shall have no responsibility over management of the Development. The Owner shall ensure that the Development complies with the City of Marina's BMR Housing Program Administrative Policies and Procedures as it currently exists and as it may be amended from time to time. The Owner shall retain a professional property management company approved by the City in its reasonable discretion to perform its management duties hereunder. A resident manager shall also be required at all times.

The City hereby approves _____________________ as the Management Agent (as defined in Section 5.2).

Section 5.2 Management Agent; Periodic Reports. The Development shall at all times be managed by an experienced management agent reasonably acceptable to the City, with demonstrated ability to operate residential facilities like the Development in a manner that will provide decent, safe, and sanitary housing (as approved, the "Management Agent"). The Owner

EXHIBIT A
10 661\06\3490107.3
8 shall submit for the City's approval the identity of any proposed Management Agent. The Owner shall also submit such additional information about the background, experience and financial condition of any proposed Management Agent as is reasonably necessary for the City to determine whether the proposed Management Agent meets the standard for a qualified Management Agent set forth above. If the proposed Management Agent meets the standard for a qualified Management Agent set forth above, the City shall approve the proposed Management Agent by notifying the Owner in writing. Unless the proposed Management Agent is disapproved by the City within thirty (30) days, which disapproval shall state with reasonable specificity the basis for disapproval, it shall be deemed approved.

Section 5.3 Performance Review. The City reserves the right to conduct an annual (or more frequently, if deemed reasonably necessary by the City) review of the management practices and financial status of the Development. The purpose of each periodic review will be to enable the City to determine if the Development is being operated and managed in accordance with the requirements and standards of this Agreement. The Owner shall cooperate with the City in such reviews.

Section 5.4 Replacement of Management Agent. If, as a result of a periodic review, the City determines in its reasonable judgment that the Development is not being operated and managed in accordance with any of the material requirements and standards of this Agreement, the City shall deliver notice to Owner of its intention to cause replacement of the Management Agent, including the detailed reasons therefor (a "Management Default Notice"). If the issues set forth in the Management Default Notice are not cured within sixty (60) days of delivery of the Management Default Notice, or if such default cannot be cured within sixty (60) days, if the cure is not commenced within sixty (60) days and diligently prosecuted thereafter, City staff and the Owner shall meet in good faith to consider methods for improving the financial and operating status of the Development, including, without limitation, replacement of the Management Agent.

If, after such meeting, City staff recommends in writing the replacement of the Management Agent, Owner shall, subject to the rights of any Development Lender, promptly dismiss the then Management Agent, and shall appoint as the Management Agent a person or entity meeting the standards for a Management Agent set forth in Section 5.2 above and approved by the City pursuant to Section 5.2 above.

Any contract for the operation or management of the Development entered into by Owner shall provide that the contract can be terminated as set forth above. Failure to remove the Management Agent in accordance with the provisions of this Section shall constitute default under this Agreement, and the City may enforce this provision through legal proceedings as specified in Section 6.6.

Section 5.5 Approval of Management Policies. The Owner shall submit its written management policies with respect to the Development to the City for its review, and shall amend such policies in any way necessary to ensure that such policies comply with the provisions of this Agreement.

Section 5.6 Property Maintenance. The Owner agrees, for the entire Term of this Agreement, to maintain all interior and exterior improvements, including landscaping, on the Property in good condition and repair (and, as to landscaping, in a healthy condition) and in

EXHIBIT A
11 661\06\3490107.3
9 accordance with all applicable laws, rules, ordinances, orders and regulations of all federal, state, county, municipal, and other governmental agencies and bodies having or claiming jurisdiction and all their respective departments, bureaus, and officials, and in accordance with the following maintenance conditions:

The City places prime importance on quality maintenance to ensure that all affordable housing projects within the City are not allowed to deteriorate due to below-average maintenance. Normal wear and tear of the Development will be acceptable to the City assuming the Owner agrees to provide all necessary improvements to assure the Development is maintained in good condition. The Owner shall make all repairs and replacements necessary to keep the improvements in good condition and repair.

In the event that the Owner breaches any of the covenants contained in this section and such default continues for a period of fifteen (15) days after written notice from the City with respect to graffiti, debris, waste material, and general maintenance or thirty (30) days after written notice from the City with respect to landscaping and building improvements, then the City, in addition to whatever other remedy it may have at law or in equity, shall have the right to enter upon the Property and perform or cause to be performed all such acts and work necessary to cure the default. Pursuant to such right of entry, the City shall be permitted (but is not required) to enter upon the Property and perform all acts and work necessary to protect, maintain, and preserve the improvements and landscaped areas on the Property. Owner shall promptly pay to the City, upon demand, any costs incurred by the City in connection with work of protection, maintenance, and preservation undertaken by the City pursuant to this section, and the City may attach a lien on the Property, or to assess the Property, in the amount of such expenditures if Owner does not promptly reimburse the City upon demand.

ARTICLE 6

MISCELLANEOUS

Section 6.1 Lease Provisions. The Owner shall use a form of Tenant lease approved by the City. The form of Tenant lease shall also comply with all requirements of this Agreement, and shall, among other matters, to the extent permitted by the Ground Lease, Development Lenders and applicable laws:
(a) provide for termination of the lease and consent by the Tenant to immediate eviction for failure: (1) to provide any information required under this Agreement or reasonably requested by the Owner to establish or recertify the Tenant's qualification, or the qualification of the Tenant's household, for occupancy in the Development in accordance with the standards set forth in this Agreement, or (2) to qualify as a 30% AMI Household or 50% AMI Household, as the case may be, as a result of any material misrepresentation made by such Tenant with respect to the income computation or certification; and (b) be for an initial term of not less than one (1) year. After the initial year of tenancy, the lease may be month to month by mutual agreement of the Owner and the Tenant; however the Rent may not be raised more often than once every twelve (12) months after such initial year. The Owner shall provide each Tenant with at least sixty (60) days' written notice of

EXHIBIT A
12 661\06\3490107.3
10 any increase in Rent applicable to such Tenant, and with such further notice as may be required by Section 2.3 above.

Section 6.2 Nondiscrimination. All of the Units shall be available for occupancy on a continuous basis to members of the general public who are income eligible. The Owner shall not give preference to any particular class or group of persons in renting or selling the Units, that the Affordable Units are required to be leased to income qualified households and in accordance with the City's BMR Housing Program Administrative Policies and Procedures unless required by the Ground Lease or the terms of any Development Loan. The Owner shall obtain the City’s approval prior to implementing any preference for any particular class or group of person, There shall be no discrimination against or segregation of any person or group of persons, on account of race, color, creed, religion, sex, sexual orientation, marital status, national origin, source of income (e.g. SSI, Housing Vouchers), age, ancestry, veteran status, or disability, in the leasing, subleasing, transferring, use, occupancy, tenure, or enjoyment of any Unit nor shall the Owner or any person claiming under or through the Owner, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, sublessees, subtenants, or vendees of any Unit or in connection with the employment of persons for the construction, operation and management of any Unit.

Section 6.3 Section 8 Certificate Holders. The Owner will accept as Tenants, on the same basis as all other prospective Tenants, persons who are recipients of federal certificates for rent subsidies pursuant to the existing housing program under Section 8 of the United States Housing Act, or its successor. The Owner shall not apply selection criteria to Section 8 certificate or voucher holders that are more burdensome than criteria applied to all other prospective Tenants, nor shall the Owner apply or permit the application of management policies or lease provisions with respect to the Development which have the effect of precluding occupancy of units by such prospective Tenants.

Section 6.4 Term. The provisions of this Agreement shall apply to the Property for the entire Term. This Agreement shall bind any successor, heir or assign of the Owner, whether a change in interest occurs voluntarily or involuntarily, by operation of law or otherwise, except as expressly released by the City.

Section 6.5 Notice of Expiration of Term.

(a) At least six (6) months prior to the expiration of the Term, Owner shall provide by first-class mail, postage prepaid, a notice to all Tenants containing (i) the anticipated date of the expiration of the Term, (ii) any anticipated increase in Rent upon the expiration of the Term, (iii) a statement that a copy of such notice will be sent to the City, and (iv) a statement that a public hearing may be held by the City on the issue and that the Tenant will receive notice of the hearing at least fifteen (15) days in advance of any such hearing. (b) In addition to the notice required above, Owner shall comply with the requirements set forth in California Government Code Sections 65863.10 and 65863.11 as such statutes may be amended from time to time. Such notice requirements include: (i) a three year notice to existing tenants, prospective tenants and Affected Public Agencies (as defined in California Government Code Section 65863.10(a)) prior to expiration of the Term; (ii) a twelve

EXHIBIT A
13 661\06\3490107.3
11 (12) month notice to existing tenants, prospective tenants and Affected Public Agencies (as defined in California Government Code Section 65863.10(a)) prior to the expiration of the Term, (ii) a six (6) month notice requirement to existing tenants, prospective tenants and Affected Public Agencies prior to the expiration of the Term; (iii) a notice of an offer to purchase the Development to "qualified entities" (as defined in California Government Code Section 65863.11(d)).

Section 6.6 Covenants to Run With the Land. The City and the Owner hereby declare their express intent that the covenants and restrictions set forth in this Agreement shall run with the land and shall bind all successors in title to the Property, provided, however, that on the expiration of the Term of this Agreement said covenants and restrictions shall expire. Each and every contract, deed or other instrument hereafter executed covering or conveying the Development or the Property or any portion thereof, is to be held conclusively to have been executed, delivered and accepted subject to such covenants and restrictions, regardless of whether such covenants or restrictions are set forth in such contract, deed or other instrument, unless the City expressly releases such conveyed portion of the Development or the Property from the requirements of this Agreement.

Section 6.7 Enforcement by the City. If the Owner fails to perform any obligation under this Agreement, and fails to cure the default within thirty (30) days after the City has notified the Owner in writing of the default or, if the default cannot be cured within thirty (30) days, fails to commence to cure within thirty (30) days and thereafter diligently pursue such cure and complete such cure within ninety (90) days, or such longer period as reasonably approved by the City, in writing the City shall have the right to enforce this Agreement by any or all of the following actions, or any other remedy provided by law:
(a) Action to Compel Performance or for Damages. The City may bring an action at law or in equity to compel the Owner's performance of its obligations under this Agreement, and/or for damages.
(b) Other Remedies. The City may exercise any other remedy provided under this Agreement or by law.

Owner's limited partners shall have the right to cure on behalf of Owner and City shall accept a cure therefrom as if such cure was made or tendered by Owner.

Section 6.8 Attorneys Fees and Costs. In any action brought to enforce this Agreement, the prevailing party shall be entitled to all costs and expenses of suit, including attorneys' fees. This section shall be interpreted in accordance with California Civil Code Section 1717 and judicial decisions interpreting that statute.

Section 6.9 Recording and Filing. The City and the Owner shall cause this Agreement, and all amendments and supplements to it, to be recorded in the Official Records of the County of Monterey.

Section 6.10 Governing Law. This Agreement shall be governed by the laws of the State of California.

EXHIBIT A
14 661\06\3490107.3
12 Section 6.11 Waiver of Requirements. Any of the requirements of this Agreement may be expressly waived by the City in writing, but no waiver by the City of any requirement of this Agreement shall, or shall be deemed to, extend to or affect any other provision of this Agreement.

Section 6.12 Amendments. This Agreement may be amended only by a written instrument executed by all the parties hereto or their successors in title, and duly recorded in the real property records of the County of Monterey.

Section 6.13 Notices. Any notice requirement set forth herein shall be deemed to be satisfied three (3) days after mailing of the notice first-class United States certified mail, postage prepaid, addressed to the appropriate party as follows:

Owner: Lightfighter Village, L.P.
c/o EAH Inc.
22 Pelican Way
San Rafael, CA 94901
Attn: Welton Jordan

With a Copy to: Bocarsly Emden Cowan Esmail & Arndt LLP 633 West 5th Street
Los Angeles, CA 90071
Attn: Nicole Deddens

City: City of Marina
211 Hillcrest Avenue
Marina, California 93933
Attention: City Manager

Such addresses may be changed by notice to the other party given in the same manner as provided above.

Section 6.14 Severability. If any provision of this Agreement shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining portions of this Agreement shall not in any way be affected or impaired thereby.

Section 6.15 Rights of Mortgagee. No violation of any provision contained herein shall defeat or render invalid the lien of any mortgage or deed of trust made in good faith and for value upon all or any portion of the Development or the Property, and the purchaser at any trustee's sale or foreclosure sale shall not be liable for any violation of any provision hereof occurring prior to the acquisition of title by such purchaser. Such purchaser shall be bound by and subject to this Agreement from and after such trustee's sale or foreclosure sale. Promptly upon determining that a violation of this Agreement has occurred, City shall give written notice to the holders of record of any mortgages or deeds of trust encumbering the Development or the Property that such violation has occurred, provided that Owner has provided City with notice of such mortgage or deed of trust including addresses for the holders of such mortgages or deed of

EXHIBIT A
15 661\06\3490107.3
13 trust and provided further, the City's failure to give such notice shall not defeat or render invalid any notice of default given by the City to the Owner or prohibit the City from exercising any of its remedies.

EXHIBIT A
16 661\06\3490107.3
14 Section 6.16 IN WITNESS WHEREOF, the City and the Owner have executed this Agreement by duly authorized representatives, all on the date first written above.

OWNER:

LIGHTFIGHTER VILLAGE, L.P.,
a California limited partnership

By: Lightfighter Village GP, LLC,
a California Limited Liability Company
its managing general partner

By: EAH Inc.,
a California nonprofit public benefit
corporation,
its managing member

By: _____________________
Name: Welton Jordan
Title: Assistant Secretary

ATTEST: CITY:

City of Marina, a municipal corporation

By: _______________________ By: ______________________________

Its: ______________________________

APPROVED AS TO FORM:

By: ______________________

EXHIBIT A
17 661\06\3490107.3
15 STATE OF CALIFORNIA )
)
COUNTY OF __________________ )

On ____________________, before me, ___________________________, Notary Public, personally appeared ______________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
______________________________________
Name: ______________________________
Notary Public

EXHIBIT A
18 661\06\3490107.3
16 STATE OF CALIFORNIA )
)
COUNTY OF __________________ )

I certify UNDER PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.
______________________________________
Name: ______________________________
Notary Public

EXHIBIT A
19 661\06\3490107.3
17 EXHIBIT A

LEGAL DESCRIPTION OF PROPERTY

The land is situated in the City of Marina, County of Monterey, State of California, and is described as follows:

EXHIBIT A
20 WHENRECORDEDMAILTO:
1/Pages'23DOCUMENT:2007084567Titles:

St
THISSPACEFORRECORDER’SUSEONLY
l

TITLEOFDOCUMENT
StephenL.VagniniMontereyCountyRecorderRecordedattherequestofFiler Fees....Taxes...Other...AMTPAID
CRSUSYI1/07/200710:20=46
kickCJ
037332007084567
ContractNo.09-CA-2297

QUITCLAIMDEED

WITNESSETH
WHEREAS,GrantorhasacceptedtheofferoftheGrantee,
•• ‘ *.* ' •WHEREAS,saidGranteehasmadeafirmoffertopurchasethePropertyundertheprovisionsoftheAct,hasmadeapplicationforapublicbenefitallowance,andproposestousethePropertyinaccordancewiththeapprovedprogramofutilization;and WHEREAS,byletterdatedSeptember5,2007,fromtheU.S.DepartmentoftheArmy,certainsurpluspropertyconsistingof4.62acres,improvedwith10buildings/facilities,hereinafterdescribed(hereinafterreferredtoas“theProperty”),wasassignedtotheGrantorfordisposalupontherecommendationoftheGrantorthatthePropertyisneededforhomelessassistancepurposesinaccordancewiththeprovisionsoftheAct;and NOW,THEREFORE,Grantor,forandinconsiderationoftheforegoingandoftheobservanceandperformancebyGranteeofthecovenants,considerationsandrestrictionshereinaftercontainedandothergoodandvaluableconsideration,thereceiptofwhichisherebyacknowledged,hasremised,releasedandquitclaimedandbythesepresentsdoesremise,releaseandquitclaimtoGrantee,itssuccessorsandassigns,allright,title,interest,claimanddemand,exceptingandreservingsuchrightsasmayarisefromtheoperationoftheconditionssubsequenthereinafterexpressed,whichtheUnitedStatesofAmericahasinandtotheProperty,situate,lying,andbeinginMontereyCityLands,TractNo.1,intheCityofMarina,MontereyCounty,California,andmoreparticularlydescribedasfollows:

I.SipnaiuuntOacfeiantoragentTHISINDENTURE,madethis23rddayofOctober,2007,betweentheUnitedStatesofAmerica,actingthroughtheSecretaryofHealthandHumanServices,bytheChief,SpaceManagementBranch,DivisionofPropertyManagement,ProgramSupportCenter,U.S.DepartmentofHealthandHumanServices(hereinafterreferredtoas“Grantor”),underandpursuanttothepowerandauthoritydelegatedbytheFederalPropertyandAdministrativeServicesActof1949(40U.S.C.§550),(hereinafterreferredtoas“theAct”),andregulationspromulgatedpursuanttheretoat45C.F.R.Part12,andtheMcKinney-VentoHomelessAssistanceAct(42U.S.C.§11411),asamended,andregulationspromulgatedpursuanttheretoat45C.F.R.Part12a,andtheVeteransTransitionCenterofMontereyCounty,(hereinafterreferredtoas“Grantee”). — ~ o<JDoci-mentaryTransfarTax5kJ—”"c.(l,on(:S;ivaUcolptope.tyconveyed.nr.tu’.iless^nsandle«w.n!r.3alU«neot 09-CA-2297ParcelA-1(L9.1.1.2)
1)
N50°29’09”W,445.11feettoa5/8”diameterrebar;thencetangentially2)3) o 4)
5)S86°57’25”E,88.08feettoa5/8”diameterrebar;thence
6)S40°48’37”E,141.20feettoa5/8”diameter;thenceN39°03’52”E,67.89-feettoa5/8”diameterrebar;thence7)S52°26’36”E,500.00feettothepointofbeginning.8)Containingandareaof2.237acresofland,moreorless.ParcelB-l(L9.1.2.2) 1)
BeingaportionofthatcertainParcelAasshownonmapfiledinVol.20ofSurveysatpage74,recordsofsaidcounty,beingparticularlydescribedasfollows:

BeingaportionofthatcertainParcelBasshownonmapfiledinVol.20ofSurveysatpage74,recordsofsaidcounty,beingparticularlydescribedasfollows:Beginningata5/8”diameterrebaratthemostnortherlycomerofsaidParcelB,andrunningthencealongtheboundarythereof S39°30’51”W,173.56feettoa5/8”diameterrebarinthesouthwesterlyboundaryofParcelAandthenortheasterlylineofHayesCircle(a60feetwidestreet);thencealongsaidboundaryandstreetline curvingtotherightonacircularareof270feetradius,throughanangleof8°40’30”,foradistanceof40.88feettoa5/8”diameterrebaratthemostnortherlycomerofsaidParcelA;thenceleavesaidstreetlineandcontinuingalongsaidparcelboundary curvingtotherightonacirculararcof630feetradius,throughanangleof2108’28”,foradistanceof232.46feettoa5/8”diameterrebaratapointofcompoundcurvature;thencetangentially S84°27’31”E,91.16feettoa5/8”diameterrebarinthenortheasterlyboundaryofsaidParcelBandthesouthwesterlylineofHayesCircle(60feetwidestreet);thencealongsaidboundaryandstreetline2 Beginningata%”diameterironpipeinthenortheasterlyboundaryofsaidParcelA,fromwhichthesoutheasterlycomerthereofbears,alongsaidnortheasterlyboundary,S52°26’36”E,546.30feetdistant,andrunningthence 09-CA-2297
2)
3)
4)
5)
N40°01’44”W,451.02feettoa5/8”diameterrebar;thence'6)N49°58’16”E,30.93feettoa5/8”diameterrebar;thence7)N13°39’09”E,164.77feettothepointofbeginning.8)Containinganareaof2.384acresofland,moreorless.

1. 2.
3 SUBJECTtoanyandallotherexistingeasements,encumbrances,covenants,restrictions,reservationsorconditionsaffectingtheabovedescribedpropertywhetherornotthesameappearonrecord.GranteeshallcomplywithallapplicableFederal,State,municipal,andlocallaws,rules,orders,ordinances,andregulationsintheoccupation,use,andoperationoftheProperty.TOHAVEANDTOHOLDthePropertysubject,however,toeachofthefollowingconditionssubsequent,whichshallbebindinguponandenforceableagainstGrantee,itssuccessorsandassigns,asfollows:Thatforaperiodofthirty(30)yearsfromthedatehereofthePropertyherein.conveyedwillbeusedcontinuouslyforhealthpurposesinaccordancewithGrantee’sapprovedprogramofutilizationassetforthinitsapplicationdatedOctober28,1992andamendedonNovember10,1992,December11,1992,January28,1998,February19,1998,June27,2006,andfornootherpurpose; curvingtotheleftonacirculararcof690feetradius,throughanangleof21°08’28”,foradistanceof254.60feettoa5/8”diameterrebar;thencetangentiallyS50°29’09”E,238.50feettoa5/8”diameterrebar;thenceleavesaidboundaryandstreetlineS78°52’40”W,254.32feettoa5/8”diameterrebaratananglepointinthesouthwesterlyboundaryofsaidParcelB;thencealongsaidboundary Thatduringtheaforesaidperiodofthirty(30)yearsGranteewillnotresell,lease,mortgage,orencumberorotherwisedisposeofanypartofthePropertyorinterestthereinexceptasGrantororitssuccessorinfunctionmayauthorizeinwriting; curvingtotheleftonacirculararcof330feetradius,(thecenterofthecircleofwhichsaidarcisapartbearsN83°00’39”E),throughanangleof22°21’30”,foradistanceof128.77feettoa5/8”diameterrebaratapointofcompoundcurvature;thencetangentially

3. 4.

5. 6.That,fortheperiodduringwhichthePropertyisusedforthepurposeforwhichtheFederalassistanceisherebyextendedbyGrantororforanotherpurposeinvolvingtheprovisionofsimilarservicesorbenefits,Granteeherebyagreesthatitwillcomplywiththerequirementsofsection606oftheAct(40U.S.C.§476);theFairHousingAct(42U.S.C.§3601-19)andimplementingregulations;and,asapplicable,ExecutiveOrder11063(EqualOpportunityinHousing)andimplementingregulations;TitleVIoftheCivilRightsActof1964(42U.S.C.§2000dtod-4)(NondiscriminationinFederallyAssistedPrograms)andimplementingregulations;TitleIXoftheEducationAmendmentsof1972(20U.S.C.§1681)andimplementingregulations;theprohibitionsagainstdiscriminationonthebasisofageundertheAgeDiscriminationActof1975(42'U.S.C.§6101-07)andimplementingregulations;theprohibitionsagainstotherwisequalifiedindividualswithhandicapsunderSection504oftheRehabilitationActof1973(29U.S.C.§794)andimplementingregulations,andallrequirementsimposedbyorpursuanttotheregulationsofGrantor(45CFRParts12,12a,80,84,86and91)issuedpursuanttosaidActsandnowineffect,totheendthat,inaccordancewithsaidActsandregulations,nopersonintheUnitedStatesshall,onthegroundofrace,color,nationalorigin,sex,age,orhandicap,beexcludedfromparticipationin,bedeniedthebenefitsof,orotherwisebesubjectedtodiscriminationundertheprogramandplanreferredtoinconditionnumbered1aboveorunderanyotherprogramoractivityofGrantee,itssuccessorsorassigns,towhichsaidActsandregulationsapplybyreasonofthisconveyance. 09-CA-2297Whereconstructionormajorrenovationisnotrequiredorproposed,thePropertymustbeplacedintousewithintwelve(12)monthsfromthedateofthisDeed.Whereconstructionormajorrenovationiscontemplatedatthetimeoftransfer,thePropertymustbeplacedintousewithinthirty-six(36)monthsfromthedateofthisDeed;Thatoneyearfromthedatehereofandannuallythereafterfortheaforesaidperiodofthirty(30)years,unlessGrantororitssuccessorinfunctiondirectsotherwise,GranteewillfilewithGrantororitssuccessorinfunctionreportsontheoperationandmaintenanceofthePropertyandwillfurnish,asrequested,suchotherpertinentdataevidencingcontinuoususeofthePropertyforthepurposesspecifiedintheabove-identifiedapplication;Thatduringtheaforesaidperiodofthirty(30)yearsGranteewillatalltimesbeandremainatax-supportedorganizationoranonprofitinstitution,organization,orassociationexemptfromtaxationundersection501(c)(3)oftheInternalRevenueCodeof1986,asamended;and Intheeventofabreachofanyoftheconditionssubsequentsetforthabove,whethercausedbythelegalorotherinabilityofGrantee,itssuccessorsandassigns,toperformanyoftheobligationshereinsetforth,Grantororitssuccessorinfunctionwill,atitsoption,haveanimmediaterightofreentrythereon,andtocauseallright,title,andinterestinandtotheProperty4 ObtainingtheconsentofGrantor,oritssuccessorinfunction,therefor;anda. b.
09-CA-2297toreverttotheUnitedStatesofAmerica,andGrantee,itssuccessorsandassigns,shallforfeitallright,title,andinterestinandtothePropertyandtoanyandallofthetenements,hereditaments,andappurtenancesthereuntobelonging;PROVIDED,HOWEVER,thatthefailureofGrantororitssuccessorinfunctiontoinsistinanyoneormoreinstanceuponcompleteperformanceofanyofthesaidconditionssubsequentshallnotbeconstruedasawaiveroforarelinquishmentofthefutureperformanceofanyofsaidconditionssubsequent,buttheobligationsofGranteewithrespecttosuchfutureperformanceshallcontinueinfullforceandeffect;PROVIDEDFURTHER,that,intheeventGrantororitssuccessorinfunctionfailstoexerciseitsoptiontoreenterthepremisesandtoreverttitletheretoforanysuchbreachofconditionsnumbered1,2,3,4,or5hereinwithinthirty-one(31)yearsfromthedateofthisconveyance,conditionsnumbered1,2,3,4,and5herein,togetherwithallrightstoreenterandreverttitleforbreachofcondition,will,asofthatdate,terminateandbeextinguished;and PaymenttotheUnitedStatesofAmericaof1/360thofthepercentagepublicbenefitallowancegrantedofthefairmarketvalueasofthedateofsuchrequestedabrogation,exclusiveofthevalueofimprovementsmadebyGranteetotheextentthattheyaddtothevalueofthatportionofthePropertytobereleased,foreachmonthoftheperiodtobeabrogated.

PROVIDEDFURTHER,thattheexpirationofconditionsnumbered1,2,3,4,and5andtherighttoreenterandreverttitleforbreachthereof,willnotaffecttheobligationofGrantee,itssuccessorsandassigns,withrespecttoconditionnumbered6hereinortherightreservedtoGrantor,oritssuccessorinfunction,toreenterandreverttitleforbreachofconditionnumbered6. Granteemaysecureabrogationoftheconditionssubsequentnumbered1,2,3,4,and5hereinby:

Grantee,byacceptanceofthisDeed,covenantsandagreesforitself,itssuccessorsandassigns,withrespecttothePropertyoranypartthereof—whichcovenantshallattachtoandrunwiththelandforsolongasthePropertyisusedforapurposeforwhichFederalassistanceisherebyextendedbyGrantororforanotherpurposeinvolvingtheprovisionofsimilarservicesorbenefits,andwhichcovenantshallinanyevent,andwithoutregardtotechnicalclassificationordesignation,legalorotherwise,bebindingtothefullestextentpermittedbylawandequity,forthebenefitofandinfavorofandenforceablebyGrantororitssuccessorinfunctionagainstGrantee,itssuccessorsandassignsfortheProperty,oranypartthereof—thatitwillcomplywiththerequirementsofsection606oftheAct(40U.S.C.§476);theFairHousingAct(42U.S.C.§3601-19)andimplementingregulations;ExecutiveOrder11063(EqualOpportunityinHousing)andimplementingregulations;TitleVIoftheCivilRightsActof1964(42U.S.C.§2000dtod-4)(NondiscriminationinFederallyAssistedPrograms)andimplementingregulations;theprohibitionsagainstdiscriminationonthebasisofageundertheAgeDiscriminationActof19755 6 09-CA-2297(42U.S.C.§6101-07)andimplementingregulations;andtheprohibitionsagainstotherwisequalifiedindividualswithhandicapsunderSection504oftheRehabilitationActof1973(29U.S.C.§794)andimplementingregulations;andallrequirementsimposedbyorpursuanttotheregulationsofGrantor(45C.F.R.Parts12,12a,80,84and91)issuedpursuanttosaidactsandnowineffect,totheendthat,inaccordancewithsaidactsandregulations,nopersonintheUnitedStatesshall,onthegroundofrace,color,nationalorigin,sex,age,orhandicap,beexcludedfromparticipationin,bedeniedthebenefitsof,orotherwisebesubjectedtodiscriminationundertheprogramandplanreferredtoinconditionnumbered1aboveorunderanyotherprogramoractivityofGrantee,itssuccessorsorassigns,towhichsuchActsandregulationsapplybyreasonofthisconveyance.GranteecovenantsandagreesthatthePropertywillbeusedforsecularpurposes,withnomorethanademinimislevelofotheractivity.Grantee,byacceptanceofthisDeed,covenantsandagreesforitself,itssuccessorsandassigns,thatintheeventGrantorexercisesitsoptiontorevertallright,title,andinterestinandtothePropertytoGrantor,orGranteevoluntarilyreturnstitletothePropertyinlieuofareverter,thenGranteeshallprovideprotectiontoandmaintenanceofthePropertyatalltimesuntilsuchtimeasthetitleisactuallyrevertedorreturnedtoandacceptedbyGrantor.Suchprotectionandmaintenanceshall,ataminimum,conformtothestandardsprescribedbytheGeneralServicesAdministrationandcodifiedintheFederalPropertyManagementRegulationsat41C.F.R.Subpart101-47.4913nowineffect,acopyofwhichisattachedtoGrantee’saforementionedapplication.IntheeventtitletothePropertyoranypartthereofisrevertedtotheUnitedStatesofAmericafornoncomplianceorisvoluntarilyreconveyedinlieuofreverter,Grantee,itssuccessorsorassigns,attheoptionofGrantor,oritssuccessorinfunction,shallberesponsibleforandshallberequiredtoreimbursetheUnitedStatesofAmericaforthedecreasedvaluethereofthatisnottheresultofreasonablewearandtear,anactofGod,oralterationsandconversionsmadebyGrantee,itssuccessorsorassigns,toadaptthepropertytothehealthuseforwhichthepropertywastransferred.TheUnitedStatesofAmericashall,inadditionthereto,bereimbursedforsuchdamage,includingsuchcostsasmaybeincurredinrecoveringtitletoorpossessionoftheabove-describedproperty,asitmaysustainasaresultofsuchnoncompliance.Grantee,byacceptanceofthisdeed,furthercovenantsandagreesforitself,itssuccessorsandassigns,thatintheeventthePropertyoranypartthereofis,atanytimewithintheperiodofthirty(30)yearsfromthedateofthisconveyance,sold,leased,disposedof,orusedforpurposesotherthanthosedesignatedinconditionnumbered1abovewithouttheconsentofGrantor,oritssuccessorinfunction,allrevenuestherefromorthereasonablevalue,asdeterminedbyGrantor,oritssuccessorinfunction,ofbenefitstoGrantee,derivingdirectlyorindirectlyfromsuchsale,lease,disposal,oruse,shallbeconsideredtohavebeenreceivedandheldintrustbyGranteefortheUnitedStatesofAmericaandshallbesubjecttothedirectionandcontrolofGrantor,oritssuccessorinfunction;buttheprovisionsofthisparagraphshallnotimpairoraffecttherightsreservedtoGrantorunderanyotherprovisionofthisdeed.

1. CERCLANOTICE

2. CERCLACOVENANT
A
(1)
09-CA-2297Grantee,byacceptanceofthisDeed,covenantsandagreesforitself,itssuccessorsandassigns,thatthePropertyistransferredonan"asis,whereis,"basis,withoutwarrantyofanykind,eitherexpressedorimplied,includingastotheconditionoftheProperty.Granteealsocovenantsandagreesforitself,itssuccessorsandassigns,thatGrantorhasnoobligationtoprovideanyadditions,improvements,oralterationstotheProperty.Grantor,initscapacityasapublicbenefitconveyanceauthorityfortheUnitedStatesofAmerica,doesnotassumeliability,custody,oraccountabilityforthepropertyintheeventtitletothePropertyrevertstotheUnitedStatesofAmericafornoncompliancewiththisDeed,orinconnectionwithanyhazardoussubstanceactivityorconditionontheProperty.

Pursuanttosection120(h)(3)(A)(ii)and(B)oftheComprehensiveEnvironmentalResponse,Compensation,andLiabilityActof1980(42U.S.C.§9620(h)(3)(A)(ii)and(B)),theUnitedStateswarrantsthat-Allremedialactionnecessarytoprotecthumanhealthandthe7 ThefollowingcovenantsandrestrictionsareprovidedpursuanttotheaforementionedletterofassignmentfromtheU.S.DepartmentoftheArmy.

A.Pursuanttosection120(h)(3)(A)(i)(I)and(II)oftheComprehensiveEnvironmentalResponse,Compensation,andLiabilityActof1980(42U.S.C.§9620(h)(3)(A)(i)(I)and(II)),availableinformationregardingthetype,quantity,andlocationofhazardoussubstancesandthetimeatwhichsuchsubstanceswerestored,released,ordisposedof,asdefinedinsection120(h),isprovidedintheFindingofSuitabilitytoTransfer(FOST).Additionalinformationregardingthestorage,release,anddisposalofhazardoussubstancesonthePropertyhasbeenprovidedtotheGrantee,receiptofwhichtheGranteeherebyacknowledges.Suchadditionalinformationincludes,butisnotlimitedto,theFindingofSuitabilitytoTransfer(FOST),FormerFortOrd,California,TrackOPlug-inC,Track1,andTrack1Plug-InParcels(August2005)anddocumentsreferencedtherein.B.Pursuanttosection120(h)(3)(A)(i)(III)oftheComprehensiveEnvironmentalResponse,Compensation,andLiabilityActof1980(42U.S.C.§9620(h)(3)(A)(i)(III)),adescriptionoftheremedialactiontaken,ifany,onthepropertyisprovidedinFOST,Table5-EnvironmentalConditionofProperty.Additionalinformationregardingtheremedialactiontaken,ifany,hasbeenprovidedtotheGrantee,receiptofwhichtheGranteeherebyacknowledges.Suchadditionalinformationincludes,butisnotlimitedto,theFindingofSuitabilitytoTransfer(FOST),FormerFortOrd,California,TrackOPlug-inC,Track1,andTrack1Plug-InParcels(August2005)anddocumentsreferencedtherein. (2)
B.

COVENANTACCESSCLAUSE
B.
8 Inexercisingsucheasementandrightofaccess,theUnitedStatesshallprovidetheGranteeoritssuccessorsorassigns,asthecasemaybe,withreasonablenoticeofitsintenttoenteruponthePropertyandexerciseitsrightsunderthiscovenant,whichnoticemaybeseverelycurtailedoreveneliminatedinemergencysituations.TheUnitedStatesshallusereasonablemeans,butwithoutsignificantadditionalcoststotheUnitedStates,toavoidandtominimizeinterferencewiththeGrantee’sandtheGrantee’ssuccessors’andassigns’quietenjoymentoftheproperty.Sucheasementandrightofaccessincludestherighttoobtainanduseutilityservices,includingwater,gas,electricity,sewer,andcommunicationsservicesavailableonthePropertyatareasonablechargetotheUnitedStates.Excludingthereasonablechargesforsuchutilityservices,nofee,charge,orcompensationwillbeduetheGranteenoritssuccessorsandassigns,fortheexerciseoftheeasementandrightofaccessherebyretainedandreservedbytheUnitedStates.

Thiswarrantyshallnotapplyinanycaseinwhichthepersonorentitytowhomthepropertyistransferredisapotentiallyresponsiblepartywithrespecttosuchproperty.Forpurposesofthiswarranty,Granteeshallnotbeconsideredapotentiallyresponsiblepartlysolelyduetothepresenceofhazardoussubstanceremainingonthepropertyonthedateofthisinstrument,providedGranteehasnotcausedorcontributedtoareleaseofsuchhazardoussubstance. 09-CA-2297environmentwithrespecttoanyhazardoussubstanceidentifiedpursuanttosection120(h)(3)(A)(i)(I)oftheComprehensiveEnvironmentalResponse,Compensation,andLiabilityActof1980remainingonthepropertyhasbeentakenbeforethedateofthisdeed,andAnyadditionalremedialactionfoundtobenecessaryafterthedateofthisdeedshallbeconductedbytheUnitedStates.

A.Pursuanttosections120(h)(3)(A)(iii)oftheComprehensiveEnvironmentalResponse,Compensation,andLiabilityActof1980(42U.S.C.§9620(h)(3)(A)(iii)),theUnitedStatesretainsandreservesaperpetualandassignableeasementandrightofaccesson,over,andthroughtheProperty,toenteruponthePropertyafterthedateoftransferofthePropertyinanycaseinwhichanenvironmentalresponseactionorcorrectiveactionisfoundtobenecessaryonthepartoftheUnitedStates,withoutregardtowhethersuchenvironmentalresponseactionorcorrectiveactionisonthePropertyoronadjoiningornearbylands.Sucheasementandrightofaccessincludes,withoutlimitation,therighttoperformanyenvironmentalinvestigation,survey,monitoring,sampling,testing,drilling,boring,coring,test-pitting,installingmonitoringorpumpingwellsorothertreatmentfacilities,responseaction,correctiveaction,oranyotheractionnecessaryfortheUnitedStatestomeetitsresponsibilitiesunderapplicablelawsandasprovidedforinthisinstrument.SucheasementandrightofaccessshallbebindingontheGrantee,itssuccessorsandassigns,andshallrunwiththeland. (1)
(2)
“ASIS”4.
9 ToinspectfieldactivitiesoftheUnitedStatesanditscontractorsandsubcontractors.ToconductanytestorsurveyrelatedtoenvironmentalconditionsattheformerFordOrdortoverifyanddatasubmittedtotheUSEPAortheDTSCbytheUnitedStatesrelatingtosuchconditions.

D.TheU.S.EnvironmentalProtectionAgency(USEPA)andtheCaliforniaEnvironmentalProtectionAgency,DepartmentofToxicSubstancesControl(DTSC),andtheirofficers,agents,employees,contractors,andsubcontractorswillhavetheright,uponreasonablenoticetotheGrantee,toenteruponthetransferredpremisesinanycaseinwhicharesponseorcorrectiveactionisfoundtobenecessary,afterthedateoftransferoftheProperty,orsuchaccessisnecessarytocarryoutaresponseactionorcorrectiveactiononadjoiningproperty,including,withoutlimitation,thefollowingpurposes:

A.TheGranteeacknowledgesthatithasinspectedorhashadtheopportunitytoinspectthePropertyandacceptstheconditionandstateorrepairoftheProperty.TheGranteeunderstandsandagreesthatthePropertyandanypartthereofisoffered“ASIS”withoutanyrepresentation,warranty,orguarantybytheUnitedStatesastoquantity,quality,title,character,condition,size,orkind,orthatthesameisinconditionorfittobeusedforthepurpose(s)intendedbytheGrantee,andnoclaimforallowanceordeductionuponsuchgroundswillbeconsidered.* C.Nothinginthis“ASIS”provisionwillbeconstruedtomodifyornegatetheUnitedStates’obligationundertheCERCLAcovenantoranyotherstatutoryobligation.

B.Nowarranties,eitherexpressedorimplied,aregivenwithregardtotheconditionoftheProperty,including,withoutlimitation,whetherthePropertydoesordoesnotcontainasbestosorlead-basedpaint,TheGranteeshallbedeemedtohavereliedsolelyonitsownjudgmentinassessingtheoverallconditionofalloranyportionoftheProperty,including,withoutlimitation,anyasbestos,lead-basedpaint,orotherconditionsontheProperty.ThefailureoftheGranteetoinspectortoexerciseduediligencetobefullyinformedastotheconditionofalloranyportionofthePropertyoffered,willnotconstitutegroundsforanyclaimordemandagainsttheUnitedStates. 09-CA-2297C.NeithertheGranteenoritssuccessorsandassigns,asthecasemaybe,shallhaveanyclaimatlaworequityagainsttheUnitedStatesoranyofficer,employee,agent,contractorofanytier,orservantoftheUnitedStatesbecauseofactionstakenbytheUnitedStatesoritsofficers,employees,agents,contractorsofanytier,orservantsinexercisingsucheasementandrightofaccesspursuanttoandinaccordancewiththiscovenant.Inaddition,theGrantee,itssuccessorsandassigns,shallnotinterferewithanyresponseactionorcorrectiveactionconductedbytheUnitedStatesontheProperty. 09-CA-2297HOLDHARMLESS5.

POST-TRANSFERDISCOVERYOFCONTAMINATION6.
10 TheGrantee,itssuccessorsandassigns,covenantandagreethattheGrantorshallnotberesponsibleforanycostsassociatedwithmodificationorterminationofthenotices,userestrictions,andrestrictivecovenantsinthisDeed,includingwithoutlimitation,anycostsassociatedwithadditionalinvestigationorremediationofasbestos,lead-basedpaint,orotherconditiononanyportionoftheProperty.C.NorthinginthisHOLDHARMLESSprovisionwillbeconstruedtomodifyornegatetheUnitedState’sobligationundertheCERCLACovenantoranyotherstatutoryobligation.

B.Grantee,itssuccessorsandassigns,asconsiderationfortheconveyanceoftheProperty,agreetoreleasetheUnitedStatesfromanyliabilityorresponsibilityforanyclaimsarisingsolelyoutofthereleaseofanyhazardoussubstanceorpetroleumproductonthePropertyoccurringafterthedateofthedeliveryandacceptanceofthisDeed,wheresuchsubstanceorproductwasplacedonthePropertybytheGrantee,oritssuccessors,assigns,employees,invitees,agentsorcontractors,aftertheconveyance.ThisparagraphshallnotaffecttheUnitedStates’responsibilitiestoconductresponseactionsorcorrectiveactionsthatarerequiredbyapplicablelaws,rulesandregulations,ortheUnitedStates’indemnificationobligationsunderapplicablelaws.

A.IfanactualorthreatenedreleaseofahazardoussubstanceorpetroleumproductisdiscoveredonthePropertyafterthedateofconveyance,Grantee,itssuccessorsorassigns,shallberesponsibleforsuchreleaseornewlydiscoveredsubstanceunlessGranteeisabletodemonstratethatsuchreleaseorsuchnewlydiscoveredsubstancewasduetotheUnitedState’sactivities,use,orownershipoftheProperty.IftheGrantee,itsuccessorsorassignsbelievethediscoveredhazardoussubstanceisduetoUnitedStates’activities,useorownershipoftheProperty,GranteewillimmediatelysecurethesiteandnotifytheUnitedStatesoftheexistenceofthehazardoussubstances,andGranteewillnotfurtherdisturbsuchhazardoussubstanceswithoutthewrittenpermissionoftheUnitedStates.

A.Totheextentauthorizedbylaw,theGrantee,itssuccessorsandassigns,covenantandagreetoindemnifyandholdharmlesstheUnitedStates,itsofficers,agents,andemployeesfrom(1)anyandallclaims,damages,judgments,losses,andcosts,includingfinesandpenalties,arisingoutoftheviolationofthenotices,userestrictions,andrestrictivecovenantsinthisDeedbytheGrantee,itssuccessorsandassigns,and(2)anyandallclaims,damages,andjudgmentsarisingoutof,orinanymannerpredicatedupon,exposuretoasbestos,lead-basedpaint,orotherconditiononanyportionofthePropertyafterthedateofconveyance.

FEDERALFACILITIESAGREEMENT1.

LANDUSERESTRICTIONS2.
11 a.TheUnitedStatesDepartmentoftheArmy(Army)hasundertakencarefulenvironmentalstudyofthePropertyandconcludedthatthelanduserestrictionssetforthbelow,arerequiredtoensureprotectionofhumanhealthandtheenvironment.TheGrantee,itssuccessorsorassigns,shallnotundertakenorallowanyactivityonoruseofthepropertythatwouldviolatethelanduserestrictionscontainedherein.

TheUnitedStatesDepartmentoftheArmy(Army),acknowledgesthatFortOrdhasbeenidentifiedasaNationalPriorityList(NPL)SiteundertheComprehensiveEnvironmentalResponseCompensationandLiabilityAct(CERCLA)of1980,asamended.TheGranteeacknowledgesthattheGrantorhasprovideditwithacopyoftheFortOrdFederalFacilityAgreement(FFA)enteredintobytheUnitedStatesEnvironmentalProtectionAgency(USEPA)RegionDC,theStateofCalifornia,andtheDepartmentoftheArmy,effectiveonNovember19,1990,andwillprovidetheGranteewithacopyofanyamendmentsthereto.TheGranteeagreesthatshouldanyconflictarisebetweenthetermsoftheFFAastheypresentlyexistormaybeamended,andtheprovisionsofthisDeedtransfer,thetermsoftheFFAwilltakeprecedence.TheGranteefurtheragreesthatnotwithstandinganyotherprovisionsofthispropertytransfer,theUnitedStatesassumesnoliabilitytotheGranteeshouldimplementationoftheFFAinterferewiththeiruseoftheProperty.TheGrantee,oranysubsequenttransferee,shallhavenoclaimonaccountofanysuchinterferenceagainsttheUnitedStatesoranyofficer,agent,employeeorcontractorthereof. (1)ResidentialUseRestriction.InaccordancewiththeprovisionsofSection5oftheEnvironmentalProtectionProvisions,theGrantee,itssuccessorsandassigns,shallusethePropertysolelyforcommercialorindustrialactivitiesandnotforresidentialpurposesunlesstheGranteeperformsabatementasrequiredunderTitleXoftheHousingandCommunityDevelopmentActof1992(ResidentialLead-BasedPaintHazardReductionActof1992.Forpurposesofthisprovision,residentialuseincludes,butisnotlimitedto,singlefamilyormultifamilyresidences;childcarefacilities;andnursinghomeorassistedlivingfacilities;andanytypeofeducationalpurposeforchildren/youngadultsingradeskindergartenthrough12.(2)GroundwaterRestriction:AsdescribedintheNOTICEOFTHEPRESENCEOFCONTAMINATEDGROUNDWATER,theGranteeisherebyinformedandacknowledgesthatthegroundwaterunderportionsofthePropertyandassociatedwiththeSites2and12(Sites2/12)groundwaterplumeandtheOperableUnit2(OUZ)groundwaterplumeiscontaminatedwithvolatileorganiccompounds(VOCs),primarilytrichloroethylene(TCE).InaccordancewiththeprovisionsofSection6oftheEnvironmentalProtectionProvisions,theGrantee,itssuccessorsandassignsshallnotaccessorusegroundwaterunderlyingthePropertyforanypurpose.Forthepurposeofthisrestriction,“groundwater”shallhavethesamemeaning 09-CA-2297ENVIRONMENTALPROTECTIONPROVISIONS
12 b.ModifyingRestrictions:NothingcontainedhereinshallprecludetheGrantee,itssuccessorsorassigns,fromundertaking,inaccordancewithapplicablelawsandregulationsandwithoutanycosttotheUnitedStates,suchadditionalactionnecessarytoallowforotherlessrestrictiveuseoftheProperty.PriortosuchuseoftheProperty,GranteeshallconsultwithandobtaintheapprovaloftheArmy,and,asappropriate,theStateorfederalregulators,orthelocalauthoritiesinaccordancewiththeseEnvironmentalProtectionProvisionsandtheprovisionsoftheCRUP(s).UpontheGrantee’sobtainingtheapprovaloftheArmyand,asappropriate,stateorfederalregulators,orlocalauthorities,theArmyagreestorecordanamendmenthereto.ThisrecordationshallbetheresponsibilityoftheGranteeandatnoadditionalcosttotheUnitedStates.c.Submissions:TheGrantee,itssuccessorsandassigns,shallsubmitanyrequeststomodificationstotheaboverestrictionstoGrantor,theArmy,theUSEPA,theDTSCandtheRWQCB,inaccordancewiththeprovisionsoftheCRUP(s),byfirstclassmail,postageprepaid,addressedasfollows:(1)Army:Director,FortOrdOfficeArmyBaseRealignmentandClosureP.O.Box5008PresidioofMonterey,CA93944-5008(2)USEPA:Chief,FederalFacilityandSiteCleanupBranchSuperfundDivisionU.S.EnvironmentalProtectionAgency,RegionIX75HawthorneStreet,MailCode:SFD-8-3SanFrancisco,CA94105-3901(3)DTSC:ChiefofNorthernCaliforniaOperationsOfficeofMilitaryFacilitiesDepartmentofToxicSubstancesControl8800CalCenterDriveSacramento,CA95826-3200(4)RWQCB:ExecutiveOfficerCaliforniaRegionalWaterQualityControlBoardCentralCoastRegion895AerovistaPlace,Suite101SanLuisObispo,CA93401-7906 09-CA-2297asinsection101(12)oftheComprehensiveEnvironmentalResponse,CompensationandLiabilityAct(CERCLA). 13 (2)ParcelsE4.3.1.2,E4.3.2.1,E4.6.1,E4.6.2,E8a.l.l.2,L5.6.1andL5.6.2overlietheOU2groundwaterplumewheretheconcentrationofTCEingroundwaterexceeds5.0pg/L.FortheOU2groundwaterplumeareathemaximumTCEconcentrationinthegroundwaterbeneaththeProperty(ParcelE4.3.1.2)is26pg/LasmeasuredingroundwaterextractionwellEW-OU2-12Aanddepthtogroundwateris125to175feetbelowgroundsurface. (1)ParcelS4.1.1overliestheSites2/12groundwaterplumewherethe•concentrationofTCEingroundwaterequalsorexceeds5.0microgramsperliter(pg/L).FortheSites2/12groundwaterplumeareathemaximumTCEconcentrationinthegroundwaterbeneaththeProperty(ParcelS4.1.1)isbetween5.0pg/Land10pg/Landdepthtogroundwateris68to75feetbelowgroundsurface.• a.ThegroundwaterbeneathportionsofthePropertyiscontaminatedwithvolatileorganiccompounds(VOCs),primarilytrichloroethylene(TCE).Themostrecentdataavailable(AnnualReportofQuarterlyMonitoring,October2003throughSeptember2004)indicatesthat:
b.Themaximumconcentrationsofthechemicalsofconcern(associatedwiththeOU2andSites2/12groundwaterplumes)detectedinthegroundwatermonitoringorextractionwellsontheProperty(September2004)arelistedbelow.Thequantityreleasedofthesecompoundsisunknown.TheOU2andSites2/12groundwateraquifercleanuplevels(ACLs),presentedintheOU2FortOrdLandfillsRecordofDecision(ROD)(July1994)andBasewideRemedialInvestigationSitesROD(January1997),areprovidedforcomparison. 09-CA-2297NOTICEOFTHEPRESENCEOFCONTAMINATEDGROUNDWATER(ParcelsL9.1.1.2andL9.1.2.2) 09-CA-2297
ChemicalName
Benzol71432U019E4.3.1.2-10-A0.3 1.0BenzeneCarbonTetrachloride56235U211 ND 0.5 ChloroformMethane,trichloro-U044E4.3.1.2-12-A2.3 2.067663 5.01,1-Dichloroethane75343U076E4.3.1.2-10-A6.9 1,2-Dichloroethane107062U077E4.3.1.2-10-A1.5 0.5

6.01,1-DichloroetheneU078 ND75354
E4.3.1.2-10-A8.9 6.0156605U079

1.01,2-DichloropropaneU083E4.3.1.2-12-A1.378875

0.5542756 ND

5.0U080 ND75092 3.0U210E4.3.1.2-10-A5.4U228E4.3.1.2-12-A26 5.079016U043E4.3.1.2-10-A0.7 0.175014 *ChemicalAbstractServicesRegistryNumberc.RestrictionsandConditions TrichloroethyleneVinylchloride
Total1,3-DichloropropeneMethyleneChlorideTetrachloroethene (1)Thepropertyiswithinthe“ProhibitionZone”ofthe“SpecialGroundwaterProtectionZone.”ACovenanttoRestricttheUseofProperty(CREEP)forthePropertywillbeestablishedbetweentheUnitedStatesArmyandtheStateofCalifornia(DTSCandtheCaliforniaRegionalWaterQualityControlBoard,CentralCoastRegion).TheProhibitionZoneencompassestheareaoverlyingoradjacenttothefouridentifiedgroundwatercontamination14 ChemicalsofConcerninGroundwaterandAquiferCleanupLevels(OU2andSites2/12Plumes) RegulatorySynonym
Methane,tetrachloro-
Ethane,1,1-dichloro-Ethane,1,2-dichloro-Ethene,1,1-dicholoro- Propene,1,3-dichloro-
R.CRAParcelWasteCASRN*Mumber
Methane,dichloro-Ethene,tetrachloro-127184Ethene,trichloro-Ethene,chloro Cis-1,2-DichloroetheneEthene,1,2-dichloro(E)Propane,1,2-dichloro- WellMaximum(EW-ConcentrationACLOU2)s(pg/L)(pg/L)

4. 09-CA-2297plumesattheformerFortOrd.TheProhibitionZoneisidentifiedonthe“FormerFortOrdSpecialGroundwaterProtectionZoneMap”(theMap),whichisonfilewiththeCountyofMonterey(theCounty).CountyOrdinanceNo.04011prohibitstheconstructionofwaterwellswithintheProhibitionZone. (3)TheGranteecovenantsforitself,itssuccessors,andassignsthatneithertheGrantee,itssuccessorsorassigns,noranyotherpersonorentityactingfororonbehalfoftheGrantee,itssuccessorsorassigns,shallinterferewithanyresponseactionbeingtakenonthePropertybyoronbehalfoftheArmy,orinterrupt,relocate,orotherwiseinterfereortamperwithanyremediationsystemormonitoringwellsnoworinthefuturelocatedon,over,through,oracrossanyportionofthePropertywithouttheexpressedwrittenconsentoftheArmyineachcasefirstobtained. (2)TheGranteecovenantsforitself,itssuccessors,andassignsnottoaccessorusegroundwaterunderlyingthePropertyforanypurpose.Forthepurposeofthisrestriction,“groundwater”shallhavethesamemeaningasinsection101(12)oftheComprehensiveEnvironmentalResponse,CompensationandLiabilityAct(CERCLA). (4)TheGranteecovenantsforitself,itssuccessors,orassigns,thatitwillnotundertakenorallowanyactivityonoruseofthePropertythatwouldviolatetherestrictionscontainedherein.TheserestrictionsandcovenantsarebindingontheGrantee,itssuccessorsandassigns;shallrunwiththeland;andareforeverenforceable. a.TheGranteeisherebynotifiedthatduetotheformeruseofthePropertyasamilitaryinstallation,thePropertymaycontainmunitionsandexplosivesofconcern(MEC).ThetermMECmeansspecificcategoriesofmilitarymunitionsthatmayposeuniqueexplosivessafetyrisksandincludes:(1)UnexplodedOrdnance(UXO),asdefinedin10U.S.C.§101(e)(5);(2)Discardedmilitarymunitions(DMM),asdefinedin10U.S.C.§2710(e)(2);or(3)Munitionsconstituents(e.g.,TNT,RDX),asdefinedin10U.S.C.§2710(e)(3),presentinhighenoughconcentrationstoposeanexplosivehazard.ForthepurposesofthebasewideMilitaryMunitionsResponseProgram(MMRP)beingconductedfortheformerFortOrdandtheseEnvironmentalProtectionProvisions,MECdoesnotincludesmallarmsammunition.50caliberandbelow.b.PortionsofthePropertywerepreviouslyusedformilitarytraininginvolvingmilitarymunitions,orfordisposalofmunitionsitems.Areviewofexistingrecordsandavailableinformationindicatestherearetenmunitionsresponsesites(MRSs)associatedwiththeProperty.MilitarytrainingonthePropertyinvolvedonlytheuseofpracticeandpyrotechnicitemsthatarenotdesignedtocauseinjury,ormilitarymunitionsitemsthatdonotposeanexplosivehazard.MilitarymunitionsitemswerefoundwithinmaterialsexcavatedfromalandfilldisposalareaformerlyontheProperty;however,thisisattributedtodisposalactivitiesatthelandfillandnottraining.AlllandfilldisposalareaswithinthePropertyhavebeenfullyexcavated,thelandfilledmaterialremoved,andtheexcavatedareasbackfilledorregraded.ThetenMRSswereevaluated15

NOTICEOFTHEPOTENTIALFORTHEPRESENCEOFMUNITIONSANDEXPLOSIVESOFCONCERN(MEC) 09-CA-2297
f.EasementandAccessRights.
c.TheArmyrepresentsthat,tothebestofitsknowledge,noMECiscurrentlypresentontheProperty.NotwithstandingtheArmy’sdetermination,thepartiesacknowledgethatthereisapossibilitythatMECmayexistontheProperty.IftheGrantee,anysubsequentowner,oranyotherpersonshouldfindanyMEContheProperty,theyshallimmediatelystopanyintrusiveorground-disturbingworkintheareaorinanyadjacentareasandshallnotattempttodisturb,removeordestroyit,butshallimmediatelynotifythelocallawenforcementagencyhavingjurisdictiononthePropertysothatappropriateU.S.MilitaryexplosiveordnancedisposalpersonnelcanbedispatchedtoaddresssuchMECasrequiredunderapplicablelawandregulationsandatnoexpensetotheGrantee.TheGranteeherebyacknowledgesreceiptofthe“OrdnanceandExplosivesSafetyAlert”pamphlet. anddocumentedintheFinalTrack1OrdnanceandExplosivesRemedialInvestigation/FeasibilityStudy,formerFortOrd,California(Track1OERI/FS)(June2004)theTrack1Plug-InApprovalMemorandum,MRS-6ExpansionArea(May6,2005)and,inaccordancewiththeRecordofDecision,NoFurtherActionRelatedtoMunitionsandExplosivesofConcern-Track1Sites;NoFurtherRemedialActionwithMonitoringforEcologicalRisksfromChemicalContaminationatSite3(MRS-22)(Track1ROD)(March2005),nofurtheractionrelatedtoMECisrequiredatthesetenMRSs. d.BecausetheArmycannotguaranteethatallMEChasbeenremoved,theArmyrecommendsreasonableandprudentprecautionsbetakenwhenconductingintrusiveoperationsonthePropertyandwill,atitsexpense,provideconstructionworkerordnancerecognitionandsafetytraining.ForspecificTrack1sitesthatoverlaptheProperty(MRS-1,MRS-6,(andMRS-6ExpansionArea),MRS-13A,MRS-22,MRS-27Y,MRS-49,MRS-59A,MRS-62,andMRS-66),theArmyrecommendsconstructionpersonnelinvolvedinintrusiveoperationsatthesesitesattendtheArmy’sordnancerecognitionandsafetytraining.Toaccomplishthatobjective,theArmyrequestsnoticefromtheGranteeofplannedintrusiveactivities,andinturnwillprovideordnancerecognitionandsafetytrainingtoconstructionpersonnelpriortothestartofintrusivework.TheArmywillprovideordnancerecognitionandsafetyrefreshertrainingasappropriate.FortheTrack1siteswhereordnancerecognitionandsafetytrainingisrecommended(MRS-1,MRS-6(andMRS-6ExpansionArea),MRS-13A,MRS-22,MRS-27Y,MRS-49,MRS-59A,MRS-62,andMRS-66),atthetimeofthenextfive-yearreview(2007),theArmywillassesswhethertheeducationprogramshouldcontinue.IfinformationindicatesthatnoMECitemshavebeenfoundinthecourseofdevelopmentorredevelopmentofthesite,itisexpectedthattheeducationprogrammay,withtheconcurrenceoftheregulatoryagencies,bediscontinued,subjecttoreinstatementifaMECitemisencounteredinthefuture. (1)TheArmyreservesaperpetualandassignablerightofaccesson,over,andthroughtheProperty,toaccessandenteruponthePropertyinanycaseinwhichamunitionsresponseactionisfoundtobenecessary,orsuchaccessandentranceisnecessarytocarryoutamunitionsresponseactiononadjoiningpropertyasaresultoftheongoingMunitionsResponseRemedialInvestigation/FeasibilityStudy.Sucheasementandrightofaccessincludes,withoutlimitation,therighttoperformanyadditionalinvestigation,sampling,testing,test-pitting,surfaceand16 NOTICEOFTHEPRESENCEOFASBESTOSANDCOVENANT5.
17 09-CA-2297subsurfaceclearanceoperations,oranyothermunitionsresponseactionnecessaryfortheUnitedStatestomeetitsresponsibilitiesunderapplicablelawsandasprovidedforinthisDeed.ThisrightofaccessshallbebindingontheGrantee,itssuccessorsandassigns,andshallrunwiththeland. g.TheGranteeacknowledgesreceiptoftheFinalTrack1OrdnanceandExplosivesRemedialInvestigation/FeasibilityStudy(Track1OERI/FS)(June2004)andtheRecordofDecision,NoFurtherActionRelatedtoMunitionsandExplosivesofConcern-Track1Sites;NoFurtherRemedialActionwithMonitoringforEcologicalRisksfromChemicalContaminationatSite3(MRS-22)(Track1ROD)(March2005). 2)NeithertheGranteenoritssuccessorsandassigns,asthecasemaybe,shallhaveanyclaimatlaworequityagainsttheUnitedStatesoranyofficer,employee,agent,contractorofanytier,orservantoftheUnitedStatesbecauseofactionstakenbytheUnitedStatesoritsofficers,employees,agents,contractorsofanytier,orservantsinexercisingthiseasementandrightofaccesspursuanttoandinaccordancewiththisParagraph.Inaddition,theGrantee,itssuccessorsandassigns,shallnotinterferewithanymunitionsresponseactionconductedbytheArmyontheProperty. a.TheGranteeisherebyinformedanddoesacknowledgethatfriableandnon-friableasbestosorasbestos-containingmaterial(ACM)hasbeenfoundontheProperty,asdescribedintheAsbestosSurveyReport(April26,1993)andsummarizedintheCERFAReport(April8,1994).ThePropertymayalsocontainimprovements,suchasbuildings,facilities,equipment,andpipelines,aboveandbelowtheground,thatcontainfriableandnon-friableasbestosorACM.TheOccupationalSafetyandHealthAdministration(OSHA)andtheU.S.EnvironmentalProtectionAgency(USEPA)havedeterminedthatunprotectedorunregulatedexposureto 1)Inexercisingthiseasementandrightofaccess,theArmyshallgivetheGranteeorthethenrecordowner,reasonablenoticeoftheintenttoenteronthe,Property,exceptinemergencysituations.Armyshallusereasonablemeans,withoutsignificantadditionalcosttotheArmy,toavoidand/orminimizeinterferencewiththeGrantee’sandtheGrantee’ssuccessors’andassigns’quietenjoymentoftheProperty;however,theuseand/oroccupancyofthePropertymaybelimitedorrestricted,asnecessary,underthefollowingscenarios:(a)toprovidetherequiredminimumseparationdistanceemployedduringintrusivemunitionsresponseactionsthatmayoccuronoradjacenttotheProperty;and(b)ifArmyimplementedprescribedbumsarenecessaryforthepurposeofamunitionsresponseaction(removal)inadjacentareas.Sucheasementandrightofaccessincludestherighttoobtainanduseutilityservices,includingwater,gas,electricity,sewer,andcommunicationsservicesavailableonthepropertyatareasonablechargetotheUnitedStates.Excludingthereasonablechargesforsuchutilityservices,nofee,charge,orcompensationwillbeduetheGranteenoritssuccessorsandassigns,fortheexerciseoftheeasementandrightofaccessherebyretainedandreservedbytheUnitedStates.

6. 18
a.TheGranteeisherebyinformedanddoesacknowledgethatallbuildingsonParcelsL9.1.1.2andL9.1.2.2,whichwereconstructedorrehabilitatedpriorto1978,ispresumedtocontainlead-basedpaint.Leadfrompaint,paintchips,anddustcanposehealthhazardsifnotmanagedproperly.EverypurchaserofanyinterestinResidentialRealPropertyonwhicharesidentialdwellingbuiltpriorto1978isnotifiedthatsuchpropertymaypresentexposuretoleadfromlead-basedpaintthatmayplaceyoungchildrenatriskofdevelopingleadpoisoning. b.SeveralbuildingsonthePropertyhavebeendeterminedtocontainfriableasbestos.Detailedinformationiscontainedinthereferencedsurveyreport.Theremainingbuildingscontainnon-friableACMratedingoodcondition.TheGranteeagreestoundertakeanyandallasbestosabatementorremediationintheaforementionedbuildingsthatmayberequiredunderapplicablelaworregulationatnoexpensetotheUnitedStates.TheArmyhasagreedtotransfersaidbuildingstotheGrantee,priortoremediationorabatementofasbestoshazards,inrelianceupontheGrantee’sexpressrepresentationandcovenanttoperformtherequiredasbestosabatementorremediationofthesebuildings. 09-CA-2297airborneasbestosfibersincreasestheriskofasbestos-relateddiseases,includingcertaincancersthatcanresultindisabilityordeath. c.TheGranteecovenantsandagreesthatitsuseandoccupancyofthePropertywillbeincompliancewithallapplicablelawsrelatingtoasbestos.TheGranteeagreestoberesponsibleforanyfutureremediationorabatementofasbestosfoundtobenecessaryonthePropertytoincludeACMinoronburiedpipelinesthatmayberequiredunderapplicablelaworregulation.d.TheGranteeacknowledgesthatithasinspectedorhashadtheopportunitytoinspectthePropertyastoitsasbestosandACMcontentandconditionandanyhazardousorenvironmentalconditionsrelatingthereto.TheGranteeshallbedeemedtohavereliedsolelyonitsownjudgmentinassessingtheoverallconditionofalloranyportionoftheProperty,including,withoutlimitation,anyasbestosorACMhazardsorconcerns. b.TheGranteecovenantsandagreesthatitshallnotpermittheoccupancyoruseofanybuildingsorstructuresonParcelsL9.1.1.2andL9.1.2.2asResidentialProperty,asdefinedunder24CodeofFederalRegulationsPart35,withoutcomplyingwiththissectionandallapplicablefederal,state,andlocallawsandregulationspertainingtolead-basedpaintand/orlead-basedpainthazards.PriortopermittingtheoccupancyofParcelsL9.1.1.2andL9.1.2.2wheretheirusesubsequenttothisconveyanceisintendedforresidentialhabitation,theGranteespecificallyagreestoperform,atitssoleexpense,theArmy’sabatementrequirementsunderTitleXoftheHousingandCommunityDevelopmentActof1992(ResidentialLead-BasedPaintHazardReductionActof1992).

NOTICEOFTHEPRESENCEOFLEAD-BASEDPAINT(LBP)ANDCOVENANTAGAINSTTHEUSEOFTHEPROPERTYFORRESIDENTIALPURPOSE i
AIRNAVIGATIONRESERVATIONANDRESTRICTIONS7.

8. NOLIABILITYFORNON-ARMYCONTAMINATION
19 09-CA-2297c.TheGranteeacknowledgesthatithasinspectedorhashadtheopportunitytoinspectthePropertyastoitslead-basedpaintcontentandconditionandanyhazardousorenvironmentalconditionsrelatingthereto.TheGranteeshallbedeemedtohavereliedsolelyonitsownjudgmentinassessingtheoverallconditionofalloranyportionoftheProperty,including,withoutlimitation,anylead-basedpainthazardsorconcerns.

MontereyAirportandtheformerFritzscheAirfield,nowknownastheMarinaMunicipalAirport,areincloseproximitytotheProperty.Accordingly,incoordinationwiththeFederalAviationAdministrative,theGranteecovenantsandagrees,onbehalfofit,itssuccessorsandassignsandeverysuccessorininteresttothePropertyhereindescribed,oranypartthereof,that,whenapplicable,therewillbenoconstructionoralterationunlessadeterminationofnohazardtoairnavigationisissuedbytheFederalAviationAdministrationinaccordancewithTitle14,CodeofFederalRegulations,Part77,entitledObjectsAffectingNavigableAirspace,orundertheauthorityoftheFederalAviationActof1958,asamended.

TheArmyshallnotincurliabilityforadditionalresponseactionorcorrectiveactionfoundtobenecessaryafterthedateoftransferinanycaseinwhichthepersonorentitytowhomthePropertyistransferred,orothernon-Armyentity,isidentifiedasthepartyresponsibleforcontaminationoftheproperty.INWITNESSWHEREOF,Grantorhascausedthisinstrumenttobeexecutedasofthedayandyearfirstabovewritten.

UNITEDSTATESOFAMERICAActingthroughtheSecretaryofHealthandHumanServices By:G.Hicks,Chief,SpaceManagementBranchDivisionofPropertyManagementProgramSupportCenter T
09-CA-2297

ACKNOWLEDGMENT
20 Onthis23rddayofOctober,2007,beforemetheundersignedofficer,personallyappearedJohnG.Hicks,knowntometobetheChief,SpaceManagementBranch,DivisionofPropertyManagement,DepartmentofHealthandHumanServices,andknowntometobethepersonwhoexecutedtheforegoinginstrumentonbehalfoftheSecretaryofHealthandHumanServices,fortheUnitedStatesofAmerica,andacknowledgedtomethathesubscribedtothesaidinstrumentinthenameoftheSecretaryofHealthandHumanServicesandonbehalfoftheUnitedStatesofAmerica.

STATEOFMARYLAND)COUNTYOFMONTGOMERY)SS
OffSXSHBmwjCounty,MOW*wliilunEmHtwMl,Mil
, •**<>-
•My;'commissionexpiresi'',A’’
Witnessmyhandandofficialseal.
-q-gwr.
09-CA-2297ACCEPTANCE
ransitionCenterofMontereyCounty

ACKNOWLEDGMENT
Witnessmyhandandofficialseal.
(SEAL) aNot;
21 ENDOFDOCUMENT
TheVeteransTransitionCenterofMontereyCountyherebyacceptsthisdeedandtherebyagreestoalltheterms,covenants,conditionsandrestrictionscontainedtherein.

STATEOFCALIFORNIA)COUNTYOFOnthisJdayof beforeme,aNotaryPublicinandfortheCityofr-^yn^^LyCountyof StateofCalifornia,personallyappearedThomasH.G/iffin,lal^wntometobetfieChairperson,BoardofDirectors,theVeteransTransitionCenterofMontereyCounty(VTC),andKnowntometobethepersonwhoexecutedtheforegoinginstrumentonbehalfoftheVTC,andacknowledgedto.methatheexecutedthesameasthefreeactanddeedoftheVTC.

ByThom;Veters
)SSy dayofCountyof•wntometobetfieChaimontereyCounty(VTC),am PublicMycommissionexpires dMMMintittttOiIMHyMK-MMSIMMNWCMMy.,I UaclNameofNotary
U_2_±j_2_/CommissionNumber
2OO%
Signed
Icertifyunderpenaltyofpeijurythatthenotarysealonthedocumenttowhichthisstatementisattachedreadsasfollows:

NOTARYSEALGOVERNMENTCODESECTION27361.7
/C-N
DateofCommissionExpiresJ7/y2^7PlaceofExecution£^tH,yDate7/2-/0$ March 28, 2023 Item No. 10g(3)

Honorable Mayor and Members City Council Meeting of the Marina City Council of April 4, 2023

RECOMMENDATION TO CONSIDER ADOPTING RESOLUTION NO. 20 23-, APPROVING AMENDMENT NO.1 TO THE AGREEMENT BETWEEN THE
CITY OF MARINA AND HARRIS AND ASSOCIATES, INC. OF SALINAS,

CALIFORNIA, TO PROVIDE CONSTRUCTION MANAGEMENT SERVICES

FOR THE IMJIN PARKWAY IMPROVEMENT PROJECT, AND AUTHORIZE

THE CITY MANAGER TO EXECUTE THE AMENDMENT ON BEHALF OF

THE CITY SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY

ATTORNEY

RECOMMENDATION:

It is recommended that the City Council:

1. Consider adopting Resolution No. 20 23-, approving Amendment No.1 to the agreement between the City of Marina and Harris and Associates, Inc. of Salinas, California, to provide construction management services for the Imjin Parkway Improvement Project;

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

BACKGROUND:

At the regular meeting of September 18, 2018, the City Council adopted Resolution No. 2018-111, approving a Senate Bill 1 Local Partnership Program Baseline Agreement to receive grant funding amounting to $19 million for the Marina-Salinas Multimodal Corridor – Imjin Parkway Widening Project.

At the regular meeting of the California Transportation Commission of October 13-14, 2021, the Commission approved the allocation for locally administered Senate Bill 1 Local Partnership Program funds for the construction of the project.

At the regular meeting of November 2, 2021, the City Council adopted Resolution No. 2021-116, approving advertising and call for bids for Imjin Pkwy Widening Project.

At the regular meeting of December 14, 2021, the City Council adopted Resolution No. 2021-137 approving an a greement between City of Marina and Harris and Associates, Inc. of Salinas, California, to provide construction management services for the Imjin Parkway Improvement Project.

ANALYSIS:

Since contract execution, Harris and Associates have been supporting the City’s preconstruction coordination with various project elements not included in their original scope of work including coordination with the California Department of Fish and Wildlife (CDFW) regarding the project’s Incidental Take Permit (ITP) and subsequent submittal packages. Along with this additional scope of work, the consultant has provided additional support through their subconsultant teams with regards to Biological, Geologi cal and Paleontological monitoring per the projects Mitigation Monitoring & Reporting Plan (MMRP).
1 Full execution of all requirements per the MMRP, the ITP mitigation requirements and additional support required by staff from the consultant team is included in the proposed contract amendment scope (“Exhibit A”).

FISCAL IMPACT:

Should the City Council approve this request, adequate funding is available for the additional construction management and inspections services amendment of $85,314 for a total contract total of $3,593,355.42 in the Capital Improvement Program project account EDR1808-R46B (#401) Imjin Widening Project.

CONCLUSION:

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

Respectfully submitted,

____________________________
Edrie Delos Santos, P.E.

Senior Engineer
Public Works Department
City of Marina

REVIEWED/CONCUR:

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

Public Works Director/City Engineer
City of Marina

_____________________________
Layne P. Long
City Manager
City of Marina

2 RESOLUTION NO. 2023-

A RESOLUTION OF CITY COUNCIL OF THE CITY OF MARINA APPROVING AMENDMENT NO.1 TO THE AGREEMENT BETWEEN THE CITY OF MARINA AND HARRIS AND ASSOCIATES, INC. OF SALINAS, CALIFORNIA, TO

PROVIDE CONSTRUCTION MANAGEMENT SERVICES FOR THE IMJIN

PARKWAY IMPROVEMENT PROJECT, AND AUTHORIZE THE CITY

MANAGER TO EXECUTE THE AMENDMENT ON BEHALF OF THE CITY

SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY

WHEREAS, at the regular meeting of September 18, 2018, the City Council adopted Resolution No. 2018-111, approving a Senate Bill 1 Local Partnership Program Baseline Agreement to receive grant funding amounting to $ 19 million for the Marina -Salinas Multimodal Corridor – Imjin Parkway Widening Project, and;

WHEREAS, at the regular meeting of the California Transportation Commission of October 13 - 14, 2021, the Commission approved the allocation for locally administere d Senate Bill 1 Local Partnership Program funds for the construction of the project, and;

WHEREAS, at the regular meeting of November 2, 2021, the City Council adopted Resolution No. 2021-116, approving advertising and call for bids for Imjin Pkwy Widening Project, and;

WHEREAS, at the regular meeting of December 14, 2021, the City Council adopted Resolution No. 2021-137 approving an agreement between City of Marina and Harris and Associates, Inc. of Salinas, California, to provide construction management services for the Imjin Parkway Improvement Project, and;

WHEREAS, since contract execution, Harris and Associates have been supporting the City’s preconstruction coordination with various project elements not included in their original scope of work incl uding coordination with the California Department of Fish and Wildlife (CDFW) regarding the project’s Incidental Take Permit (ITP) and subsequent submittal packages. Along with this additional scope of work, the consultant has provided additional support t hrough their subconsultant teams with regards to Biological, Geological and Paleontological monitoring per the projects Mitigation Monitoring & Reporting Plan (MMRP) , and;

WHEREAS, full execution of all requirements per the MMRP, the ITP mitigation requ irements and additional support required by Staff from the consultant team is included in the proposed contract amendment scope (“Exhibit A”) , and;

WHEREAS, should the City Council approve this request, adequate funding is available for the additional construction management and inspections services amendment of $85,314 for a total contract total of $3,593,355.42 in the Capital Improvement Program project account EDR1808- R46B (#401) Imjin Widening Project.

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

1. Approve Amendment No.1 to the a greement between the City of Marina and Harris and Associates, Inc. of Salinas, California, to provide construction management services for the Imjin Parkway Improvement Project;

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

3 Resolution No. 2023-
Page Two

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 4th day of April 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

4 EXHIBIT A
To Staff Report

FIRST AMENDMENT TO THE AGREEMENT

FOR CONSTRUCTION MANAGEMENT

AND CONSTRUCTION SUPPORT SERVICES

FOR THE IMJIN PARKWAY WIDENING PROJECT
THIS FIRSTAMENDMENT (“First Amendment”) to the Agreement for Construction Management and Construction Support Services for the Imjin Parkway Widening Project is made this _____ day of _____________, by and between the CITY OF MARINA, a municipal corporation (“CITY”) and HARRIS AND ASSOCIATES, INC., a California corporation (“CONSULTANT”). CITY and CONSULTANT are sometimes referred to herein collectively as the “Parties.”
Recitals
A
.

On January 26, 2022, CITY and CONSULTANT entered into the Agreement for Construction Management and Construction Support Services for the Imjin Parkway Widening Project (the “Agreement”) for CONSULTANT to perform preconstruction activities such as a constructability review of the project bid documents, providing community outreach, and to perform professional and environmental services necessary to during construction to fulfill all permitting and contract requirements in the amount of $3,508,042.00
.

The Agreement provides it may only be amended or modified by written agreement of the Parties. Both Parties now desire to amend the Agreement to include additional services to be performed by CONSULTANT and additional compensation in the amount of $85,314.00 to be furnished by the CITY
.

The CONSULTANT has prepared a document entitled “Imjin Parkway Widening Project: Additional Construction Management Scope” with terms for the proposed First Amendment of the Agreement (attached as “Exhibit 1” to this First Amendment incorporated herein by reference).

D
.

Only the numbered Articles of the Agreement which are being amended are set forth in this First Amendment.

T
erms & Conditions Amended
Now, therefore, the Parties agree to amend the Agreement as follows:

1. Exhibit “A1” and “B1” to the First Amendment is incorporated into the Agreement.

2. Section 1 “Scope of Work” sub-section (a) is amended to read in its entirety:
“(a) Contractor is hereby hired and retained by the City to work in a cooperative manner w
ith the City to fully and adequately perform those services set forth in Exhibit “A” and Exhibit “A1” attached hereto (“Scope of Work”) and by this reference made a part hereof. With prior written notice to Contractor, City may elect to delete certain tasks of the Scope of Work at its sole discretion.“
5 2

3. Section 1 “Scope of Work” sub-section (e) is amended to read in its entirety:

“(e) City shall cooperate with Contractor and will furnish all information data, records and reports existing and available to City to enable Contractor to carry out work outlined in Exhibit “A" and Exhibit “A1”. Contractor shall be entitled to reasonably rely on information, data, records and reports furnished by the City, however, the City makes no warranty as to the accuracy or completeness of any such information, data, records or reports available to it and provided to Contractor which were furnished to the City by a third party. Contractor shall have a duty to bring to the City's attention any deficiency or error it may discover in any information provided to the Contractor by the City or a third party.”

4. Section 2 “Term of Agreement & Commencement of Work” is amended to read in its entirety:

“(a) Unless otherwise provided, the term of this Agreement shall begin on the date of its full execution and shall expire on December 31, 2025, unless extended by amendment or terminated earlier as provided herein. The date of full execution is defined as the date when all of the following events have occurred:

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

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

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

(iv) This Agreement has been signed on behalf of the City by the person designated to so sign by the City's Council or by the officer or employee authorized to enter into this Contract and is attested to by the Marina City Clerk.

(b) Contractor shall commence work on the Project upon full execution of this agreement.

This Agreement may be extended upon written agreement of both parties. Contractor may be required to prepare a written schedule for the work to be performed, which schedule shall be approved by the City and made a part of Exhibit A and Exhibit A1, and to perform the work in accordance with the approved schedule.

5. Section 3 “Compensation” sub-section (a) is amended to read in its entirety:

“(a) City liability for compensation to Contractor under this Agreement shall only be to the extent of the present appropriation to fund this Agreement. For services to be provided under this Agreement City shall compensate Contractor in an amount not to exceed Three Million Five Hundred Ninety-Three Thousand Three Hundred Fifty-Six Dollars ($3,593,356.00) in accordance with the provisions of this Section and the Cost Estimate attached hereto as Exhibit B & Exhibit B1 and incorporated herein by this reference.”

6 3

All other terms and conditions of the Agreement shall remain in full force and effect.

This First Amendment is executed in two (2) duplicate originals, each of which is deemed to be an original. This First Amendment consists of pages (4) pages.

(Attestation & Approval follow)

7 4

IN WITNESS WHEREOF, the Parties hereto have executed this First Amendment to Agreement for Agreement for Construction Management and Construction Support Services for the Imjin Parkway Widening Project on the date and year first written above.

CITY OF MARINA CONSULTANT

By: _________________________ By: _________________________ Layne Long Name:

City Manager Its:

Date: _________________ 2023 Date: _________________ 2023

ATTEST: Per Resolution 2023-

By: _________________________
Deputy City Clerk

APPROVED AS TO FORM:

By: _________________________
City Attorney
8 Harris & Associates, Inc. ◼ Imjin Parkway Widening Project: Additional Construction Management Scope of Work 2 of 2

ADDITIONAL SCOPE OF SERVICES
Project Coordination and Management
Task 170: Pre-construction Coordination (primarily ITP and “Lands Package”) • Harris has provided [and will continue to provide] resources for review/evaluation of environmental documents as they relate to construction, attended inter-agency meetings as requested, and provide coordination between various entities involved in obtaining the ITP permit and completion of the “Lands Package” required by the ITP.

Deliverables: Meeting agendas, meeting minutes, and comments for document reviews.

Task 180 – Pre-Construction Biological Efforts
• The project Mitigation Monitoring & Reporting Plan (MMRP) contains several measures that require action prior to the Notice to Proceed. Denise Duffy & Associates will be performing this work; more detailed scope and estimated costs are attached.
o Task 181 – Pre-Construction Biological Surveys
o Task 182 – Monterey Spineflower Survey & Reporting
o Task 183 – Tree & Vegetation Replacement Plan
Deliverables: Draft and final reports detailing findings and compliance with applicable permit requirements Task 190: Paleontological Efforts
• The project Mitigation Monitoring & Reporting Plan (MMRP) contains several measures that require a report & plan be developed prior to the Notice to Proceed. Pacific Paleontology will be performing this work; detailed scope and estimated costs are attached. o Task 191 – Paleontological Evaluation Report, Monitoring Plan, and Employee Training o Task 200 – Paleontological Monitoring during mass grading Pre-Construction Deliverables: Final Paleontological Evaluation Report, Monitoring Plan and Employee Training Materials.

Construction Deliverables: Field monitoring reports

EXHIBIT A
9 CITY OF MARINA

IMJIN PARKWAY WIDENING PROJECT

PRE-CONSTRUCTION ADDITIONAL CM SCOPE

FEE ESTIMATE

TASK TASK DESCRIPTION ESTIMATED COST
170 Pre-construction
coordination 25,000.00$
180
Pre-Construction
Biological Efforts (per
MMRP)
181 Pre-construction
Biological Surveys $ 17,852.00
182
Monterey Spineflower -
survey and required
reporting $ 9,128.00
183 Tree & Vegetation
Replacement Plan $ 18,934.00
190 190 Paleontological Efforts
(per MMRP)
191
Paleontological
Evaluation Report,
Monitoring Plan, &
Employee Training $ 6,400.00
192
Paleontological
Monitoring* $ 8,000.00
Total 85,314.00$
* Estimated based on monitoring 100 days of mass grading - excludes treatment of major fossil finds, fees associated with curation, etc.

EXHIBIT A

EXHIBIT B

CITY OF MARINA

IMJIN PARKWAY WIDENING PROJECT

PRE-CONSTRUCTION ADDITIONAL CM SCOPE

FEE ESTIMATE

EXHIBIT A

EXHIBIT B
10 City of Marina Imjin Parkway Improvements 1 Contractor-Supplied Construction Compliance

City of Marina Imjin Parkway Improvement Project (PLN 160374) – Pre-Construction Compliance Scope of Work
_______________________________________________________________________________

To: Dana Van Horn, Harris and Associates, Inc.

Date: July 19, 2022
Client: City of Marina (City)
From: Matt Johnson, Denise Duffy & Associates (DD&A)
Ref: 2022-07
Subject: Scope of Work and Cost Estimate for Pre- and Post-Construction Compliance Imjin Parkway Improvements Project
_______________________________________________________________________________

Denise Duffy & Associates (DD&A) is currently under contract with Harris and Associates, Inc. (Harris) to provide environmental compliance services support for the construction phase of the City of Marina’s Imjin Parkway Improvement Project (project). Harris and DD&A conducted a review of the Mitigation Monitoring and Reporting Program (MMRP)for the project to determine the responsible party for each of the Mitigation Measures. As a result of this analysis, it was determined that DD&A would prepare a Scope of Work (SOW) and Cost Estimate for all Mitigation Measures associated with the pre-construction phases of the project that were outside of DD&A’s existing Scope of Work. This Scope of Work would be the responsibility of a contracted biologist and/or restoration contractor. This document provides the SOW and Cost Estimate for environmental compliance and mitigation monitoring services for the project. Where appropriate, this SOW identifies the various project deliverables that will be completed for clarification purposes. This SOW includes compliance with the Final Initial Study Mitigated Negative Declaration (MND) and the MMRP for the project approved by the City of Marina (City).

Task 1 Pre-Construction
Task 1.1 Pre-Construction Biological Surveys
Pre-construction clearance surveys shall be conducted by a qualified biologist for component -specific species and habitats as directed by the MMRP. Survey methodology will be consistent with the requirements of the environmental documentation. Pre-construction survey reports describing the results of the surveys will be provided to the project proponents prior to any ground disturbing activities. The report will include but will not be limited to:
1) a description of the species observed, if any;
2) map of the location, if observed; and
3) recommended avoidance and minimization measures, if applicable.

This task will involve periodic coordination and strategy calls with City and project partners to coordinate information exchange, discuss/refine project submittal information, and work with the internal team to address project needs.
▪ 1.1.1 Pre-Construction Surveys for Smith’s Blue Butterfly (Mitigation Measure BIO-6). ▪ 1.1.2 Pre-Construction Surveys for Nesting Birds (Mitigation Measure BIO-6). 11 City of Marina Imjin Parkway Improvements 2 Contractor-Supplied Construction Compliance

▪ 1.3.3 Pre-Construction Surveys for Roosting Bats (Mitigation Measure BIO-6).

Deliverables: Pre-construction survey reports (one draft and one final).

Task 1.2 Pre-Construction Monterey Spineflower Seed/Seedbank Collection, Preservation and Restoration
Prior to disturbance, Monterey spineflower seed/seedbank (through soil salvage) will be collected from plants in temporary impact areas. After construction is complete and no further impacts are anticipated, the contracted biologist will direct the broadcast and raking into the topsoil in the areas from which seed/seedbank was collected. The contracted biologist will direct this process, including identifying areas for seed/seedbank collection, identifying areas for seed/seedbank storage, and documentation of restoration of seed/seedbank. The contracted biologist will prepare a report docu menting the entire process of seed/seedbank collection, preservation, and restoration.

Deliverables: Monterey Spineflower Temporary Impact Seed Collection and Restoration Report (one draft and one final).

Task 1.3 Tree and Vegetation Replacement Plan (TVRP)
Prior to the issuance of Notice to Proceed a contractor-supplied biologist/arborist/botanist will develop the Tree and Vegetation Replacement Plan ( TVRP). The TVRP will include a locally native plant palette selected to blend with the existing native habitat types extant within the project corridor, to retain a visually unified corridor appearance, consistent with the Imjin Parkway Improvement Project Habitat Mitigation and Monitoring Plan (HMMP). The TVRP will implement required minimization planting per Chapter 29 (Highway Planting) of the Caltrans Project Development Procedures Manual and Chapter 900 (Landscape Architecture) of the Caltrans Highway Design Manual. The TVRP will be consistent with Mitigation Measure AES-4, AES-5, AES-8, AES-9, and EAS-11
Deliverables: TVRP (one draft and one final).

Cost Estimate
Attachment A provides the cost estimate to provide environmental services for the pre-construction phase of the project.
12 City of Marina Imjin Parkway Improvements 3 Contractor-Supplied Construction Compliance Attachment A

Attachment A

Cost Estimate

13 Labor Costs
Principal
Project Manager
Senior Environmental
Planner/Scientist
Associate Planner/Scientist
Assistant Scientist
GIS Specialist
Graphics
Admin
Expenses
Task Total
242$ 153$ $142 $116 $104 $111 $85 $70 Subtask

1.0 Pre-Construction Phase 45,914$

1.1 Pre-Construction Biological Surveys -- -- -- -- -- -- -- -- -- -$ 17,852$ -$

1.1.1 Pre-Construction Surveys for Smith’s Blue Butterfly (Mitigation Measure BIO-6) 8,426$ 2 4 6 24 24 8 2 2 500$

1.1.2 Pre-Construction Surveys for Nesting Birds (Mitigation Measure BIO-6) 8,426$ 2 4 6 24 24 8 2 2 500$

1.1.3 Pre-Construction Surveys for Roosting Bats (Mitigation Measure BIO-6) 8,426$ 2 4 6 24 24 8 2 2 500$

1.2 Pre-Construction Monterey Spineflower Seed/Seedbank Collection, Preservation and Restoration 8,878$ 2 8 8 24 24 4 2 2 250$ 9,128$

1.3 Tree and Vegetation Replacement Plan (TVRP) 18,684$ 8 24 16 32 32 24 8 6 250$ 18,934$ TOTAL 16 44 42 128 128 52 16 14 2,000$ 47,914$ 0 179048
Cost Estimate for Imjin Parkway Improvements Project - Pre-Construction Complaince 14 Contract Proposal
Paleontological Monitoring of the Imjin Parkway Project Pacific Paleontology, PaPa, A. Wayne Thompson
Principal Paleontologist, City of Marina Lic . #041066653, DIR: PW-LR-100100699, SBE CA Certified #2030692 __________________________________________________________________________________________ Prepared at the request of 28 March, 2023
Dana Van Horn, PE, SQD
Harris & Associates
Salinas, CA, c: 831-419-7234
Good morning Dana,
Please find below our Paleontological Monitoring Proposal to satisfy the City of Marina’s MM CUL-1c MMRP requirements for the Imjin Parkway Project. We feel fortunate and grateful that we have been asked to provide this proposal and will adhere to our firm’s highest Environmental Mission Statement standards in our growing relationship with you and Harris & Associates.

Should you have any questions, please do not hesitate to contact me.

With kind regards,
Wayne Thompson
715 Lily St., Monterey, CA, 831-535-8545, [email protected] 15 Contract Proposal
Paleontological Monitoring of the Imjin Parkway Project Pacific Paleontology, PaPa, A. Wayne Thompson
Principal Paleontologist, City of Marina Lic. #041066653, DIR: PW-LR-100100699, CA Certified SBE #2030692 __________________________________________________________________________________________ Project : 28 March, 2023
Imjin Parkway Widening Project
City of Marina
Monterey County, CA
This proposal has been prepared at the request of Ms. Dana Van Horn, PE, SQD, Senior Construction Manager for Harris & Associates. The Project Site Monitoring will be planned, performed, and directed by Pacific Paleontology staff. We have reviewed the MMRP, Bid Plans, Initial Study, Geotech Report, Bid Schedule, and the PIR (Paleontological Identification Report) by WRECO for this project. The Paleontological Evaluation Report (PER) and the Paleontological Mitigation Plan (PMP), including the Employee Paleontological Awareness Program (EPAP), for the Imjin Project have been completed by our staff in anticipation of upcoming earth moving activities and Site Monitoring going out to bid to seek the lowest bidding successful firm.

Paleontological training pamphlets have been completed and sent ℅ Dana VanHorn to your Salinas office.

Component; MM CUL-1c “ The plan shall include…paleontological monitoring during ground-disturbing activities by a qualified paleontologist.” Cost, up to…
MM CUL-1c; Paleontological Monitoring $1,000.00/ 15-day billing cycle.

MM CUL-1c Paleontological Monitoring Task Breakdown ; (Task Area 1a, b, c): Site Monitoring, (Task Area 2): Deployment of the Employee Paleontological Awareness Program, (Task Area 3): Lab work. For details of these three Task Areas, see below. All site monitoring is performed or supervised by Professional Paleontologist Mr. Thompson.

Kind regards,
Wayne Thompson
*This cost proposal will not expire for the Imjin Parkway Expansion Project. 2 16
PALEONTOLOGICAL MONITORING TASK BREAKDOWN:

City of Marina Imjin Parkway MMRP MM CUL-1c
Task Area 1a: Site Monitoring
Our proposal estimate here is based on 2X mobilizations per week and 6 small fossils found, extracted, prepared, identified, accessioned and cataloged for donation to an appropriate museum, university, or k-12 school for each 30-days of work, mobilizations being dependent upon where digging starts, the pace of excavation progress, the number of active excavation sites, and grading schedule components relative to critical deep digging points. For example, monitoring may be more concentrated than 2-3 days per week at the three large retaining wall footings (specifically footing numbers 1, 3, & 5) or if there are multiple active grading and trenching sites planned synchronously. It may also be less concentrated, dependant upon what stratigraphy is found sub-grade.

Due to the high paleontological significance of a nearby mammalian megafauna fossil site in Castroville, and because there is a high probability that the same group of strata as that discovery may occur at the Imjin Project Site, the paleontological sensitivity ranking for this project is high, as noted in the prior Windshield Survey of Allen, 2017, and in the Paleontological Monitoring Plan of Thompson, 2023. That site includes mammoths, mastodons, camels, and giant ground sloths in addition to fish, snakes, turtles, lizards, mollusks, microvertebrates, and other preserved creatures.

The paleontological sensitivity of the project area increases with depth below the surface as well, and borehole data down to 40.5-feet confirms this. Superficial sensitivity down to 5’ is low in some areas, while in others the potential is higher. While revealing potential fossil-bearing silt layers of high paleontological significance in the boreholes, the original geotech study did not conclusively identify the known specific dark brown silty-clay strata that the mammalian megafauna fossils were discovered to be preserved in. Our expectation for the Imjin Project, then, is that there is a small chance for these older fossil-bearing layers to be uncovered, and because of this there is the potential for a significant discovery and thus paleontological sensitivity is high.

Our proposal here is thus initially in a “no-discovery condition”, lacking the needed additional stratigraphic information that is required to make a more precise assessment. This assessment will only be revealed through monitoring during grading and trenching. This Monitoring Proposal, nonetheless, includes the embedded cost for potentially recovering up to 6 small (6” X 6” X 6”) fossils discovered per 30-day cycle.

On larger projects like this, with a probability of limited fossils found, yet high paleontological sensitivity, we prefer to spread our monitoring out over longer periods of time, with more frequent, but shorter, daily spot checks initially until cessation of monitoring or discovery, limiting monitoring to less than half days; a few hours at a time. We do not at this time, with all the evidence and our background experience in the region, recommend full-day repeated monitoring without data-driven evidence to prove otherwise (found fossils/revealed dark clay-silt strata). If fossils/strata are found, monitoring will increase beyond 2X/week, and a cost adjustment proposal will be submitted. The likelihood of this is low, and as work progresses, we may enter upon cessation of monitoring through lack of evidence. Cessation of monitoring will also enter once all deeper grading is completed.

During these shorter visits to spot-check progress, we are maximizing our environmental monitoring efficiency by searching for excavated exposures of the potential fossil-bearing darker silt-clay strata, monitoring current deeper grading work, checking spoil piles, etc. These best management practices on the project site ensure that we can balance project needs with our high environmental protection standards. Additionally, with the deployment of our Employee Paleontological Awareness Program (EPAP), we can monitor much more effectively at these higher levels of efficiency knowing that protected resources can be conserved through recognition training for the on-site team at-large. If some of these exceptionally large fossilized creatures are discovered on site our strategy changes to build in more on-site time, related paleontological excavation equipment, and staff that go along with large fossil extractions and regular price point revision through addenda. 3 17
After completion of all the deeper excavation components of the project, such as retaining wall footings, deeper swales (2’ and below) or other planned structures, the paleontological monitoring will enter cessation.

The monitoring time may occasionally go up or down from projected in a 30-day cycle, for instance if the fossil-bearing strata is discovered but lacks fossils or if no fossil-bearing strata are exposed, respectively. A scenario in which the cost base would change up is if a single large or multiple small preserved fossils (over 6) were uncovered. In the event that there is no deep (2’ or below) digging planned for a 30-day cycle, but will start again later, and thus no monitoring required, then there will be no charge for that cycle.

Task Area 1b: Site Monitoring, Supplies and Incidentals Includes 6 small (6” X 6” X 6”) fossils found, excavated, prepared, identified, accessioned and cataloged per 30-day cycle, and includes necessary supplies required by Professional Paleontologist in the performance of their duties; small hand tools (shovels, trowels, picks, hammers, chisels, dental picks, etc.), hand lenses, preservatives of various types, glues, whisk brooms, buckets, plaster-of-Paris, burlap, 2 X 4’s, collecting bags, storage boxes, microfossil sampling equipment, preparation consolidants and adhesives, curation tools, field notebooks, data logs, and etc. If 6 small fossils are discovered, the proposal covers costs associated with all later lab fossil preparation and storage costs, space for the specimens, and supplies to prepare the fossils at Pacific Paleontology Labs in Monterey and/or Santa Cruz. A well-defined Cooperation and Assistance Contract, CAC, is recommended for this particular project and has previously been provided.

Task Area 1c: Site Monitoring, Management
Monitoring Management includes time for preparation of invoices, cost tracking, on-site record keeping, pre-construction meetings with contract engineers and other principals, billing and invoicing, preparation of written progress reports, stratigraphic mapping records, and other administrative responsibilities as required.

Task Area 2: Implementing the Employee Paleontological Awareness Program, EPAP In-person on-site pre-construction training time with actual fossil mammoth/mastodon specimens is included and provided within this cost proposal. This is an important component. Personnel who have been visually entrained for specimen recognition are known to be far more effective at recognition of CEQA-protected local fossil color, texture, and shape properties, thus maximizing the chance of spotting critical resources. Proposal cost also assumes that the EPAP will also occur pre-grading using our remote access closed captioned environmental awareness video produced as a component of the Paleontological Mitigation Plan (PMP) that we are working on now. The environmental awareness training program is mandatory and attendance monitored.

This cost line has been built in previously to the PMP and so is not part of this proposal. This proposal also does not include the Principal Paleontologist Scoping site visit component, which will occur over several days pre-grading, to surface search for fossils and identify any “hot spot” areas that may require greater attention during monitoring, and identifying any potential unrecognized surficial discoveries; this was already built into and included in our prior PMP contract proposal under which we are working now.

Task Area 3: Lab Work
Our on-site monitoring proposal also includes all fossil specimen preparation and lab analysis of up to 6 small (6” X 6” X 6”) fossils collected during each 30-day cycle, including any potential consolidation for long-term museum storage, accessioning and cataloging, photography, professional identification to the lowest taxonomic level, storage, transport, and donation. This may include performing microvertebrate and other alluvial faunal and floral analyses from ancient lacustrine, fluvial, and potentially marine environments preserved in the area.

Standard microscopy techniques will be employed using a #100 (149 μ m ) and a #230 (63 μ m ) and other regulated brass sieves as well as larger wood-framed sifting screens for larger microfossil material. Any microvertebrate fossil analysis that is needed will be carried out using a trinocular Motic SMZ-168 dissecting microscope equipped with a light ring and digital camera for specimen photography. A standard metal picking 4 18
tray with a 000 brush will be employed for any smaller material, however there is a low probability for this, and so cm-grid rubber picking mats will also be employed for any potential larger microvertebrates. Museum donation of discovered fossils is standard practice in most excavations + (See Pg. 5 below).

Should you have any questions please do not hesitate to contact me so that we can accommodate.

With kind regards, Wayne Thompson
*Allen, James. 2017 (December). Imjin Parkway Improvement Project Paleontological Identification Report.

Walnut Creek, CA: WRECO.
+ Important notice :

In the event that the museum accepting any found fossils has charges on their end for accepting and curating donations (they typically do) those charges are not included here in this proposal. Be aware, if those fossils are of large mammals, such as Mammoths, Mastodons, and Giant Ground Sloths that have been found nearby, or a large number of smaller fossils, these charges may be quite significant. If fossils are discovered in the Project Area, we can provide a cost estimate from the museum at that time. We have close professional working relationships with all the major California paleontological museums developed over many decades of paleontological work in field, lab, and research and will choose the appropriate repository for any potential fossils recovered on a case-by-case basis:

1. The University of California Berkeley Museum of Paleontology, current Research Associate position.

2. The California Academy of Sciences, Department of Geology, current Research Associate position.

3. The Santa Cruz Museum of Natural History, current Paleontological Collections Advisor Position.

4. The Pacific Grove Museum of Natural History.

5. The L.A. County Museum of Natural History, Divisions of Vertebrate and Invertebrate Paleontology.

At the same time, however, fossil donation depends on the paleontological significance of the discovery, and since Pacific Paleontology works closely with the Monterey/Santa Cruz k-16 educational community through its non-profit arm, these fees can potentially be mitigated for non-significant fossils through our educational outreach program with fossils for local school and student projects whenever possible. 715 Lily St., Monterey, CA, 831-535-8545, [email protected] 5 19
March 27, 2023 Agenda Item: 10j(1)
Honorable Mayor and Members City Council Meeting
of the Marina City Council of April 4, 2023

CITY COUNCIL RECEIVE AN INFORMATIONAL UPDATE ABOUT
THE BIRD SCOOTER PROJECT.

BACKGROUND
On November 15, 2022, the City Council of the City of Marina approved Resolution No. 2 022-133 authorizing a Shared Mobility Device Ser vices Agreement. During the meeting, staff presented that the agreement included a 90 -day check-in provision for staff to meet with Bird to review complaints and see if any change s were needed. The City Council requested that an informational update be brought back to the City Council after the meeting.

On December 1, 2022, Public Works entered into a fee agreement with Bird Scooters for and issued an encroachment permit to Bird Scooters.

On March 21, 2023, City of Marina Planning and Public Works staff met with Bird Scooters staff for a 90-day check-in and went over the program as detailed below.

Overview and Program
Bird staff provided the following table summarizing ridership through March 21, 2023 Month Total
Rides
Avg
Rides
Per
Day
Total
Distance
Traveled
(mi)
Avg
Distance
Traveled
(mi)
Rides
Per
Scooter
Avg Ride
Duration
(min)
Avg
Available
Scooters
Unique
Riders
Avg Rides
per User
December 700 22 914.78 1.31 33.3 12.3 21 293 2.4
January 1034 33 1441.65 1.39 36.9 12.7 28 307 3.4
February 1537 54 1546.99 1.01 37.5 8.2 41 329 4.7
21-Mar 1013 48 919.52 0.91 - 7.5 - 251 4
Ridership has grown each month for total rides and total distance travelled. The average number of rides per day has been stead ily increasing. Bird staff informed the city that the most success has been the routes between the California State University Monterey Bay (CSUMB) campus and the Dunes shopping area. Many riders now rely on electric scooters as a mode of transportation.

Further, Bird scooters has reduced the Vehicle Miles Travelled (VMT) in the city by 4,822 over the course of three-plus months. For the new General Plan reducing VMT will help with the air quality and land use elements
1 Calls for Service.

Bird received twenty (20) calls for service from riders:

Date
Who reported
(City 311/rider
directly to
company/etc.)
Complaint topic
(device blocking
sidewalk, device not
parked at a bike rack
or designated parking
area, device needs
maintenance, on
private property, etc).

Source (mobile
app, call, email,
etc.)
Time of
complaint/r
equest
Time of
resolution
Response
time
(duration in
minutes)
12/2/2022 rider damaged community
mode
12/2/2022
3:46 12/2/2022 3:47 1
12/6/2022 rider damaged community
mode
12/6/2022
5:01 12/6/2022 5:08 6
2/1/2023 rider damaged community
mode
2/1/2023
22:02 2/1/2023 22:11 8
2/9/2023 rider damaged community
mode
2/9/2023
17:54 2/9/2023 17:55 1
2/13/2023 rider damaged community
mode
2/13/2023
5:31 2/13/2023 5:33 1
2/14/2023 rider damaged community
mode
2/14/2023
19:20
2/14/2023
19:22 2
2/16/2023 rider damaged community
mode
2/16/2023
17:32
2/16/2023
17:33 0
2/20/2023 rider damaged community
mode
2/20/2023
21:45
2/20/2023
21:47 1
2/28/2023 rider damaged community
mode
2/28/2023
7:22 2/28/2023 7:29 7
2/28/2023 rider damaged community
mode
2/28/2023
7:49 2/28/2023 7:50 0
3/1/2023 rider damaged community
mode
3/1/2023
2:08 3/1/2023 2:15 7
3/3/2023 rider damaged community
mode
3/3/2023
19:38 3/3/2023 19:41 2
3/8/2023 rider damaged community
mode
3/8/2023
17:25 3/8/2023 17:25 0
3/8/2023 rider damaged community
mode
3/8/2023
23:45 3/8/2023 23:46 1
3/13/2023 rider damaged community
mode
3/13/2023
1:12 3/13/2023 1:13 0
3/16/2023 rider damaged community
mode
3/16/2023
2:42 3/16/2023 2:51 8
3/17/2023 rider damaged community
mode
3/17/2023
4:44 3/17/2023 4:49 4

City of Marina’s Public Works and Planning Staff received two (2) complaints.

Date Location Complaint Contact Resolved
12/9/2022 Reservation Rd
2 scooters on sidewalk by
Jack in the box, 2 by doctors
on duty, 1 by Round Table
knocked over
Planning contacted Bird and
Fleet Manager relocated
scooters
Issue resolved in
less than an hour
12/16/2022 Redondo Court Parked on sidewalk Public Works contacted Bird Scooters relocated
in less than an hour
2 IMPACTS:

The impacts on the city staff have been minimal. The police department reports that as of March 27, 2023 there have been no reportable issues of traffic collisions with scooters in Marina. Public Works crew has not spent any work ho urs on scooters. The Fleet Manager has responded to all call for service in under four hour.

Staff will continue to monitor and track Bird scooters in Marina . All calls for service should be directed to Bird Scooters by phone: (866) 205-2442, email: [email protected], or through the Bird app (link: https://www.bird.co/#take-a-ride). If issues are not resolved within four hours during business hours (8:00 am to 6:00 pm ) then please contact Public Works at (831) 884-1212. For program feedb ack, please contact Interim Senior Planner Nicholas McIlroy by email :
[email protected] or by phone: (831) 884-1217.

Respectfully submitted,

____________________________
Nick McIlroy,
Interim Senior Planner
City of Marina

REVIEWED/CONCUR:

____________________________
Guido Persicone, AICP
Community Development Director
City of Marina

___________________________
Layne Long
City Manager
City of Marina

3 ORDINANCE NO. 2023-05
AN ORDINANCE AMENDING TITLE 17, ARTICLE 4, SECTION 17.46 OF THE MARINA MUNICIPAL CODE PERTAINING TO SIGNS.
-oOo-

1. The Community Development Department (CDD) for the City of Marina (City) , through its regular use and imple mentation of the Marina Municipal Code (MMC), has discovered several sections that are unclear and may be in violation of federal law.

2. Through this amendment, staff seeks to streamline sections to add clarity to both the public and staff in the implementa tion of this section, change the review authority for complying signs from a public hearing to an administrative review process, and to comply with the Religious Land Use and Insti tutionalized Persons Act of 2000 (RLUIPA ), 42 U.S.C. §§ 2000cc, et seq., which protects individuals, houses of worship, and other religious institutions from discrimination in zoning and landmarking laws.

3. Furthermore, the City seeks to allow an administrative process for Signs that comply with the code reserving the Planning Comm ission for the review of Signs that request exceptions or alternative designs that do not comply with the standards. This will benefit the business community and allo w the Planning Commission to focus on larger projects and important policy questions.

4. The City’s a dopted fee schedule already includes fees for the administrative review of signs with and without an approved Sign Program as well as for the Signs that requi re a public hearing. No change to the adopted fee schedule is required at this time.

5. An am endment to the City’s Municipal Code is needed to provide clarity and transparency in this Section. The proposed ordinance amendment is referenced herein as Exhibit A and is provided in a strike-though and underline format. Findings for the proposed amendments are included herein as Exhibit B

6. The City Council of the City of Marina reviewed the proposed amendments and considered the recommendations of the Planning Commission and held a duly noticed public hearing on February 7, 2023.

7. The City of Marina Planning Com mission, at a duly noticed public hearing on January 12, 2023 , adopted R esolution 202 3-01 recommending that the City Council adopt the proposed amendment.

Agenda Item: 10-l(1)
City Council Meeting of
March 21, 2023
1 8. Environmental. In accordance with the California Environmental Quality Act (CEQA), this ordinance i s not subject to CEQA pursuant to the State CEQA Guideline s, California Code of Regulations, Title 14, Chapter 3, Section 15061(b)(3), because the proposed ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Ther efore, the adoption of this ordinance is exempt from CEQA and no further environmental review is necessary.

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

SECTION 1. The foregoing recitals and associated findings are adopted as findings of the City Council as though set forth fully herein.

SECTION 2. The City Council of the City of Marina determines the proposed ordinance amendment is not a project pursuant to CEQA Guideline Section 15061(b)(3).

SECTION 3. The City Council hereby adopts the ordinance amendment attached hereinto as Exhibit A and incorporated by reference, based upon the express findings set forth in Exhibit B attached hereto and incorporated by reference.

SECTION 4. Severability. If any portion of this Ordinance is found to be unconstitutional or invalid the City Council hereby declares that it would have enacted the remainder of this Ordinance regardless of the absence of any such invalid part.

SECTION 5. The City Manager is directed to execute all documents and to perform all other necessary acts to implement this Ordinance.

SECTION 6. Effective Date. This Ord inance shall be in full force and effect on thirty (30) days after its final passage and adoption.

The foregoing Ordinance was introduced on March 21, 2023, and passed and adopted by the City Council of the City of Marina at a regular meeting duly held on April 4, 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
2 EXHIBIT A

17.46.010 Purpose and intent.

A. It is the purpose and intent of this chapter to provide the city with a viable and practical set of sign regulations that will promote the orderly growth of the community; facilitate the continual upgrading of the community; and preserve the natural beauty of Marina while simultaneously protecting the rights of property and business owners to display signs and the right of individuals to live in, work in, and visit a city that is free from the visual blight that would result from under- or non-regulation of signs.

B. These sign regulations, pursuant to the provisions of the general plan, set forth the minimum acceptable standards necessary to protect and safeguard the life, peace, health, safety, property and general welfare of the public by regulating among other things the location, placement, size, number, area, type, illumination and maintenance of signs and sign structures.

C. In addition to the standards specified above, it is hereby set forth that a primary goal of these regulations shall be to ensure that signs and sign structures are considered in light of the architectural and landscape design of the buildings and properties along with individual setting or location of the buildings and properties.

17.46.020 Application.

No sign shall be placed, displayed, painted, posted, printed, tacked, fastened, erected, relocated, constructed or otherwise except as provided in this chapter.

17.46.030 Responsibility.

It shall be the sole responsibility of the person making application to place, construct, erect, alter, relocate, tack, fasten, paint, post or display any sign in the city to obtain the necessary authorization from the owner or lessee of the property.

17.46.040 Definitions.

As used in this chapter:
“Appeal authority” means the body tasked with hearing appeals to decisions of the review authority or community development director or designee. The site and architectural design review board hears appeals for decisions of the community development director or designee, the planning commission hears appeals for decisions of the site and architectural design review board, and the city council hears appeals for decisions of the planning commission. “Awning” means a roof-like cover, usually of canvas, extending over or before a place. “Compliant sign” means a sign that complies with the provisions of this chapter and requires an administrative sign permit issued by the community development director or designee. “Exempt sign” means a sign that does not require a sign permit. 3 “Height”, when used in reference to a monument sign, means the vertical distance from the average of the lowest and highest points at the finished grade at the base of sign to the topmost point of the sign.
“Noncompliant sign” means a sign that does not comply with the provisions of this chapter and requires a sign permit issued by the review authority.
“Official signs and notices” means signs and notices placed by public officers or public agencies within their territorial or zoning jurisdiction and pursuant to and in accordance with direction or authorization contained in federal, state or local law for the purposes of carrying out an official duty or responsibility. Historical markers authorized by state law and placed by state or local government agencies or nonprofit historical societies shall be considered as official signs. “Primary business frontage” or “PBF” means that frontage of a building containing the primary or most important entrance to the occupancy thereon. In such cases where there are multiple entrances, the community development director or designee shall determine which frontage is the primary frontage. In no case shall more than one primary business frontage be permitted. “Public directional signs” means signs containing directional information about public places owned or operated by federal, state or local governments or their agencies; publicly owned natural phenomena, historic, cultural, scientific and educational sites; and publicly owned or operated areas of natural scenic beauty or naturally suited for outdoor recreation, deemed to be in the interest of the traveling public.
“Public utility signs” means warning signs, informational signs, notices or markers which are customarily placed by public or private utilities, as essential to their operations. “Real estate signs” means signs used to advertise the sale, rental, lease, subdivision, or construction of property.
“Review authority” means the body tasked with reviewing and approving noncompliant sign permit applications and may include the site and architectural design review board or planning commission.
“Secondary business frontage” or “SBF” means that frontage of a building containing any entrance other than a primary business frontage. In no case shall more than two secondary business frontages be permitted.
“Service station” means a business which is primarily in the business of providing service to vehicles such as gasoline, oil, tire, mechanical assistance, parts, etc. “Shopping center” means commercial and retail buildings and associated facilities which have been designed and developed as an integrated unit containing more than four separately owned and operated businesses which function as an integral unit and which utilize common off-street parking.
“Sign” means any letters, figures, design, symbol, trademark or illuminating device intended to attract attention to any person, partnership, corporation or unincorporated association, or any place, subject, public performance, article, machine or merchandise, whatsoever, and painted, printed, constructed, erected or displayed in any manner whatsoever. “Sign area” means that area enclosed by a square, rectangle, triangle or other shape which connects the extreme points or edges of the sign, excluding the supporting structure which does 4 not form part of the sign proper. The area of a sign composed of characters, words or individual letters attached directly to a surface shall be the smallest shape that encloses the whole group.

Sign area shall include only one face of any double-faced sign and shall include all faces of any multi-faced sign containing more than two faces. For the purpose of this definition, the faces of a double-faced sign shall be parallel.
“Sign area allotment” means the maximum area of signs that may be displayed on any site, premises, business, building, parcel, lot or otherwise not including signs specifically exempted in this chapter.
“Temporary sign” means a sign posted not more than sixty days prior to an event to which it pertains.
“Uniform Building Code” or “UBC”, “Uniform Electrical Code” or “UEC”, “Uniform Mechanical Code” or “UMC” means those codes which are currently in full force and effect as adopted by the city council, including any amendments or additions thereto adopted from time to time by the city council.

17.46.050 Sign permit required.

A. A sign permit is required unless the sign is exempt as provided in section 17.46.080.

1. A hearing shall be required for all noncompliant signs.t A fee shall be collected by the community development director or designee prior to consideration of any sign by the review authority. The fee shall be established from time to time by resolution of the city council.

2. All signs compliant with the provisions of this chapter shall be subject to review and approval by the community development director or designee.

B. In order to facilitate the review and approval process, any person seeking to obtain a sign permit shall submit accurate plans, drawings, color boards, examples of materials, or any such other information specified by the community development director or designee. Written appeals shall be filed with the community development director or designee no later than ten days after the decision of the review authority or community development director or designee.

C. During the course of review and approval, the review authority or appeal authority may approve, disapprove, conditionally approve or modify the plans as submitted in order to ensure compliance with the spirit and intent of this chapter.

17.46.060 Building permit required.

A. In order to ensure that the building department is provided with an opportunity to review the placement, construction, erection, relocation or alteration of any and all signs in the city, it is required, unless otherwise specified herein, that a building permit shall be obtained from the building department prior to the placement, construction, erection, relocation, alteration or otherwise of the sign.

B. Any person seeking to obtain a building permit shall provide the building department with any and all necessary plans, drawings or other materials or information required by the building department along with written evidence that a sign permit has been obtained. Following a review 5 of the materials submitted, the building department may issue the building permit pursuant to the provisions of the UBC. A fee shall be collected by the building department prior to the issuance of any building permit. The fee for a building permit shall be as specified by department procedure.

17.46.070 Prohibited signs.

The following signs shall be prohibited in the city. Definitions and descriptions of these signs are included in this section. Additional definitions pertaining to this chapter are contained in Section

17.46.040.

A. Portable signs. Signs such as A-board or other such signs capable of standing without support or attachment to a structure or the ground.

B. Animated signs. Signs that involve animation, rotation, flashing, projections, scintillation, or any type of movement, not including barber pole signs or time, date and temperature signs.

C. Billboard signs. Off-site advertising signs that are designed to direct attention to a business, commodity, service or entertainment, sold or offered elsewhere than on the premises or property on which the sign is located.

D. Roof signs. Signs that are attached to, supported by, mounted on or project above a roof or other architectural feature including, but not limited to, mansards, parapets and the like.

E. Projecting signs. Signs that are suspended from or that are supported by a wall, building or structure and project more than three feet outward therefrom or signs that project into the public right-of-way. No provision contained herein shall be construed to prohibit the display or construction of freestanding signs.

17.46.080 Exempt signs.

The following signs are exempt from a sign permit:

A. Official signs and notices, public utility signs, and public directional signs, including time and temperature devices and signs indicating the location or direction of a place or area on the premises upon which the sign is located;
B. Professional nameplates not exceeding three square feet in area; C. Temporary yard signs, subject to the provisions of Section 17.46.200; D. Emergency, public service or other temporary non-advertising signs; E. Memorial signs on tablets, names and dates of buildings when cut into any masonry surface or when flush mounted and constructed of bronze or other noncombustible materials; F. Accessory signs of a secondary nature, e.g., savings stamp signs or credit card signs not exceeding one square foot;
6 G. Banners not exceeding 30 square feet when used for advertising the opening of a new business and/or the hiring of employees. Such signs shall be removed after 30 days; H. Temporary window signs that are painted, placed, taped, displayed, or otherwise suspended within three feet of any window that are visible from outside the place of business and that are designed to be displayed for more than thirty days. Such signs are permitted to cover no more than ten percent of the area of the window; and
J. Real estate signs:

1. Sale, rental, or lease signs. Any property being advertised for sale, rent, or lease may have one such sign on the property not exceeding twelve square feet in area.

2. Subdivision signs. The land being subdivided may have no more than two signs posted upon it advertising the subdivision. Each sign shall not exceed thirty-two square feet in area.

3. Under construction signs. These signs shall not exceed twenty square feet in area. No more than one such sign shall be permitted and shall be removed prior to the issuance of the final occupancy permit.

4. Portable, temporary signs displayed on private property. In advertising a property for sale, rental, or lease, a portable sign, not exceeding six square feet in area, may be placed off the site on private property for the purpose of advertising that the subject property is open for inspection.

One additional such sign may be displayed on the premises that is open for inspection. Such signs shall only be displayed when the premises are open for inspection.

5. Model home signs. Signs identifying model homes may be displayed on the property upon which the model homes are located. Such signs shall be located adjacent to the entrance of the model home. Such signs shall not exceed eight square feet in area nor three feet in height.

17.46.090 Nonconforming signs.

A. Any permanent sign lawfully existing prior to the adoption of this chapter and not conforming to the provisions contained in this chapter is declared to be a lawfully nonconforming sign and may remain as such.

B. No such nonconforming sign shall in any way be altered, relocated, replaced or reworded unless the sign can be made to conform to all provisions of this chapter. Nothing in this section shall be construed to prohibit the normal maintenance and repair of lawfully nonconforming signs.

17.46.100 Allowed sign types.

A. Signs requiring a sign permit and review. The following signs require a sign permit.

Definitions of allowed signs are included in this section. Additional definitions pertaining to this chapter are contained in Section 17.46.040.

1. Monument signs. Freestanding signs of a permanent nature not attached to any portion of a building and not projecting over or through a roof, eaves of a building or any public right-of- way. Such signs may be placed within required yard or setback areas. 7 2. Awning signs. A sign attached to the face of or supported by an awning. Such signs must be parallel to the face to which attached and must not hang lower or project above the face to which attached.

3. Marquee or canopy signs. A sign attached to or supported by a marquee or canopy. Such signs must be parallel to the face to which they are attached and may not be made of cloth, canvas or other material of a similar nature nor shall such signs hang lower or project above the face to which attached.

4. Nameplates. Professional nameplates and occupation signs exceeding three square feet in area.

5. Neighborhood signs. Signs identifying a neighborhood or development, not exceeding fifty square feet in area.

6. Readerboard signs. A sign with detachable or interchangeable letters.

7. Under canopy signs. A sign attached to the underside of a canopy. The canopy must be of a permanent nature attached to and supported by a building. Such signs that do not exceed four square feet will not be included in the maximum sign area allotment. Any such sign exceeding four square feet shall be included in the maximum sign area allotment. Such signs shall have a minimum clearance of seven feet six inches above the sidewalk.

8. Wall signs. A sign of either solid face construction or individual letters placed against the exterior wall of any building or structure. Such signs shall not extend more than one foot beyond the wall.

17.46.110 Enforcement.

The regulations contained in this chapter shall be enforced as are other zoning, building and safety regulations as set forth in this code.

17.46.120 Remedies.

Notwithstanding the procedures for enforcement set forth in this code, the city is authorized to proceed in any other fashion, way or procedure permitted by law.

17.46.130 Abandoned signs and abatement thereof.

A. No person shall maintain or permit to be maintained on any premises owned or controlled by said person any sign which has been abandoned. Any such sign shall be promptly abated. Any sign which is located on property which becomes vacant for a period of six months or more and any sign which was erected for an occupant or business unrelated to the present occupant or their business and any sign which pertains to a time, event or purpose which no longer obtains shall be presumed to have been abandoned.

B. Unless some other form of abatement is approved by the community development director or designee in writing, abatement of abandoned signs shall be accomplished in the following manner:
8 1. Signs painted on buildings, walls, fences or structures shall be abated by removal of the paint constituting the sign or by painting over the sign in such a way that the sign shall not thereafter become visible.

2. Other types of signs may be abated by removal of the sign including its dependent structures and supports, unless the sign conforms to the provisions contained in this chapter, in which case all faces of the sign shall be screened from view in a manner satisfactory to the community development director or designee.

17.46.140 Abatement of signs presenting health or safety hazards.

A. Signs on private property presenting health or safety hazards. No sign may be placed upon any privately owned property in a manner that creates a public health or safety hazard. Any sign placed on, above or adjacent to any street, sidewalk or right-of-way that creates a health or safety hazard through obstructing vision or use of such street, sidewalk or right-of-way may be summarily removed by the public safety, public works or community development directors or their respective designees. Any sign so removed shall be returned to the owner upon payment of the costs of removal and storage. Any sign placed on or about private property that creates a health or safety hazard, including obstructing vision in the public right-of-way, may be removed by the public safety, public works or community development directors or their respective designees to a position on the private property where it does not create a health or safety hazard.

B. Signs on public property. No sign may be placed in or upon any public right-of-way, the exterior of any public building, any public grounds or property thereon, any public utility pole or appurtenance thereof, wherever located, or any tree on public property. Any such sign may be summarily removed and impounded by the public safety, public works or community development directors or their respective designees.

C. Impounded signs. Any sign impounded under the provisions of subsection A or B of this section shall be stored for a period of not less than thirty days at which time the signs may be salvaged, sold or destroyed in order to defray the costs of removal and storage. The person responsible for the placement of such sign shall be liable for the cost incurred in the removal and storage of the sign and the departments of public safety and public works are authorized to effect the collection of said cost.

D. Noticing sign owners. If the person who owns a sign that has been removed pursuant to this section can be identified, the city official who has removed said sign shall notify that person of the reasons the sign has been removed, the location of the sign and the procedures for the return of the sign.

17.46.150 General provisions.

A. Maintenance and construction. The appropriate sections of UBC, UEC, or any amendment thereto adopted by the city shall apply to the construction, placement or display of signs in the city. All signs having internal or built-in illumination shall be constructed wholly of noncombustible materials or other such fire resistive materials as approved by the building department. Guy wires or exposed strut-like sign structures shall not be utilized. Signs and sign structures shall at all times be maintained in a state of good repair including all braces, bolts, structural parts, supporting frames and fastenings.

9 B. Safety. In addition to all other maintenance and construction provisions contained in this chapter, all signs within the city shall comply with the following provisions:

1. Obstructions to doors, windows or fire escapes. No sign shall be erected, relocated, altered, maintained or otherwise so as to prevent ingress to or egress from any door, window or fire escape. No sign shall be attached to a standpipe, gutter, drain or fire escape, except signs referring specifically to the standpipe, gutter, drain or fire escape to which it is attached.

2. Signs not to obstruct traffic signals. No sign regulated by this chapter shall be erected at any location where, by reason of its position, it will obstruct or confuse the view of any authorized traffic sign, signal or device.

3. Exterior of signs. On all signs which are erected within five feet of a public street or sidewalk, no nails, tacks or wires shall be permitted to protrude therefrom. All structural trim maintained in conjunction with, attached to, or superimposed upon any sign shall be safely and securely built or attached to the sign structure.

C. Signs in the coastal zone. Notwithstanding any provision contained herein, all signs to be erected, constructed, placed, tacked, fastened, displayed, painted, posted, printed or otherwise in the Coastal Zone shall comply first and foremost with the provisions of the local coastal program (LCP) along with the spirit and intent of this chapter. In the case of any conflicts between the documents, the provisions of the LCP shall prevail. It is anticipated that signs and signing programs will be considered as a part of the coastal permit process.

17.46.160 Illumination of signs.

All illuminated signs in the city shall comply with the following standards:

A. The use of high intensity, unshielded or undiffused lights shall not be permitted.

B. Lights or illumination shall be shielded, oriented or diffused so as to eliminate undue glare onto adjacent properties and not conflict with safe traffic movement.

C. The community development director or designee shall retain the right to require reduction in the intensity of illumination after the installation of any illuminated sign if said illumination creates any undue glare or hazard.

D. To help eliminate the potential for glare associated with internally illuminated or back-lit signs, the background of such signs shall be opaque.

17.46.170 Sign regulations for commercial and industrial districts.

C-1, C-2, P-C, and M Districts.

Sign Table A: Allowed Signs in Commercial and Industrial Districts Sign Regulations in Commercial and Industrial Districts (C-1, C-2, P-C, M) Sign area 1 ½ sq ft for every foot of PBF* (max. 200 sq ft) ½ sq ft for every foot of each SBF** (max. 25 sq ft per SBF) Number of signs 4 per business (max.)
10 Monument sign height (in feet; max.) 7
Shopping Center/Industrial Park Monument Identification Signs Site
Commercial:

Less than 5
acres
Commercial: 5
to 25 acres
Commercial:

More than 25
acres
Industrial: More
than 4 buildings
Height (in feet;
max.) 10 15 50 10
Sign area (sq ft;
max.) 100 100 250 200
Number of signs
(max.)
1 per principal
street frontage
(max. 2)
1 per principal
street frontage
(max. 2)
2 1 per principal
entrance
*Primary business frontage
**Secondary business frontage
A. Sign area. One and one-half square feet are permitted for every foot of primary business frontage to a maximum of two hundred square feet per business. One-half square foot is permitted for every foot of secondary business frontage to a maximum of twenty-five square feet for each secondary business frontage.

B. Number of signs. No more than four signs may be permitted per business. Under canopy signs are not counted for the purposes of this section.

C. Type of sign. Any sign specified under Section 17.46.100 may be displayed in accordance with the provisions of this chapter. Monument signs not associated with a shopping center or industrial park shall be limited to a maximum height of seven feet.

D. Service stations. In addition to the signing permitted under Section 17.46.100, service stations may be permitted to display two additional signs each of which shall not exceed sixteen square feet. Such signs shall be permanently affixed to the ground or a structure.

E. Master signing program approval required.

1. Any and all commercial, office or industrial developments designed to contain more than four occupancies, businesses or buildings are required to obtain approval of a master signing program from the review authority. Said master signing program plans must be prepared, reviewed and approved by the review authority prior to the issuance of any occupancy permit in the development. Plans for the master signing program shall include specifications, descriptions and locations of all signs to be displayed on the site including but not limited to advertising, identification, directional and public service signs. Any decision of the review authority on a master signing program may be appealed to the appeal authority. Appeals shall be in writing and shall be filed with the community development director or designee within ten days of the decision.

2. Approved master signing programs may be modified from time to time by the review authority.

3. Individual tenant sign changes that comply with an approved master signing program shall be subject to review of the community development director or designee.

4. The following provisions apply to monument identification signs in shopping centers and industrial parks:
11 a. Shopping centers may be permitted to erect a monument identification sign which may also indicate the principal tenant and other services available on the site. Said sign shall be located adjacent to the principal street frontage and shall not exceed one hundred square feet in area. If the shopping center has more than one principal street frontage, two such signs may be permitted. Freestanding signs allowed for the identification of shopping centers or industrial or business parks of less than five acres shall not exceed a height of ten feet and for sites of less than twenty-five acres shall not exceed a height of fifteen feet. b. Shopping centers containing more than twenty-five acres approved under a single development permit shall be permitted to erect two monument identification signs which may also indicate the principal tenants. Such signs shall not exceed two hundred fifty square feet in area nor fifty feet in height.
c. Industrial parks containing more than four buildings designed to be architecturally compatible, whether or not on the same parcel of land, shall be permitted to place monument signs along, at, or adjacent to principal entrances to the park. Such signs shall not exceed two hundred square feet or ten feet in height.

F. Highway signs. Commercially zoned properties having frontage on Highway 1 are declared to be sites of special significance and all signs and signing programs shall be approved by the planning commission. In considering a sign or signing program for a site of special significance, the following items shall be considered: the signing needs of the proposed use; the location of the site in relation to the freeway access; and the responsibility of the city to protect and preserve the natural beauty of Highway 1 while balancing the city’s need for a healthy highway-oriented visitor-serving industry. Any decision of the planning commission concerning a site of special significance may be appealed to the city council, in writing, within ten days of the decision of the planning commission.

17.46.180 Sign regulations for residential districts.

R-1, R-2, R-3, R-4 and ST Districts.

Sign Table B: Allowed Signs in Residential Districts
Sign Regulations in Residential Districts (R-1, R-2, R-3, R-4, S-T)
for sites with more than 4 dwelling units
Sign area (max.) 30 sq ft
Number of signs (max.) 2
For sites with 4 or fewer dwelling units, only one
nameplate not exceeding 3 sq ft is permitted. Home
occupations are prohibited to identify or advertise
businesses within residential zones per Section 17.42.110.

A. Single-family dwellings, duplexes, triplexes, and fourplexes. One nameplate not exceeding three square feet per dwelling.

B. Multiple-family dwellings containing more than four dwelling units, public, quasi-public, halls, organizations, churches, clubs, lodges, and all similar uses. Maximum of two signs, each containing a maximum of thirty square feet.
12 C. All signs not permitted by subsections A and B of this section are prohibited in residential districts.

17.46.190 Sign regulations for the O District.

All signs, other than exempt signs which are regulated in Section 17.46.080, shall require approval by the review authority. Any decision of the review authority may be appealed to the appeal authority. Appeals shall be in writing and shall be filed with the community development director or designee within ten days of the decision. No sign shall be approved unless and until a finding is made that the proposed sign is consistent with the purpose, spirit and intent of this chapter.

17.46.200 Regulations for temporary signs.

A. General provisions. The following provisions apply to all temporary signs. Temporary signs do not require a sign permit:

1. No such sign shall be located upon any public street, alley, sidewalk, right-of-way, easement, or other governmental property.

2. All such signs shall be erected, altered and maintained in accordance with the UBC and the safety provisions set forth in Section 17.46.150.

3. All such signs must be stationary and unlighted.

4. Any freestanding sign shall be located at least five feet from any right-of-way line and may not encroach upon required parking or driveways.

5. The posting of any sign regulated by this section shall not in any way affect a property owner’s right to erect signs permitted by other provisions of this chapter.

6. Time limitations. Signs regulated by this section may be posted not more than sixty days prior to an event to which they pertain. All such signs must be removed within five days after the event to which they pertain or within sixty-five days of their initial posting, whichever occurs first.

7. Consent of owner or occupant. No sign regulated by this section may be posted without the consent of the owner or legal occupant of the premises on which the sign is posted.

8. Area of signs. No sign regulated by this section shall exceed thirty-two square feet of sign area, except that in the R-1 district the total sign area shall not exceed eight square feet.

9. Signs in the R-1 District. The total area of all signs regulated by this section on any one property in the R-1, single-family residential district shall not exceed eight square feet. However, in this district, the number of such signs on any one property is not limited, provided the total area of all signs does not exceed eight square feet. All signs shall be freestanding, or attached to buildings, fences or windows of buildings.

10. Signs in all districts other than the R-1 District. In all zoning districts except the R-1 district, signs regulated by this section shall be freestanding or attached to buildings, fences or windows 13 of buildings. Any freestanding sign shall be placed only upon those vacant portions of a property which are not covered by structures, landscaping, parking areas or driveways. The total area of all signs on any one property which includes at least four thousand square feet of such vacant area shall be limited to not more than one square foot of sign area for each one hundred twenty- five square feet of such vacant area. For properties which include less than four thousand square feet of vacant area, each such property shall still be allowed up to thirty-two square feet of total sign area with no limitation upon the number of signs composing the thirty-two square feet.

11. Responsibility for removal. It shall be the property owner’s responsibility to remove all signs regulated by this section within the time limitations specified above, whether or not the owner has consented to the posting or construction of such signs.

B. Greater sign area and time limitations allowable pursuant to use permit and design review board approval.

1. A sign area greater than otherwise allowed by this section may be allowed subject to sign permit approval by the review authority. Sign permits for temporary signs regulated by this section shall be granted for a period of not more than six months.

17.46.210 Severability.

If any section, subsection, sentence, clause, phrase or portion of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion is a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereof.

14 EXHIBIT B

FINDINGS
Staff finds that this project:

General Plan Compliance

1) General Plan Policy 4.8.5
“No commercial signs shall be permitted on buildings or properties which are visible to people using the beach, while signage which is oriented and sized to be easily visible to travelers on Highway One shall be permitted only for those properties contiguous to the Highway One right-of-way.”

Evidence: The proposed changes apply only to properties outside the Coastal zone and not subject to the City’s Local Coastal Program.

Zoning Compliance

2) Lateral consistency with Title 17, Section 17.46

Evidence: The amended ordinance is consistent with t he Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) and with the City’s adopted General Plan and Local Coastal Program (LCP)

3) Compliance with Section 17.46.270
“Notwithstanding any provision contained herein, all signs to be erected, c onstructed, placed, tacked, fastened, displayed, painted, posted, printed or otherwise in the Coastal Zone shall comply first and foremost with the provisions of the Marina local coastal program (LCP) along with the spirit and intent of this chapter. In th e case of any conflicts between the documents, the provisions of the LCP shall prevail. It is anticipated that signs and signing programs will be considered as a part of the coastal permit process.”

Evidence: No change is proposed to Section 17.46.270.

15 ORDINANCE NO. 2023-__
AN ORDINANCE AMENDING TITLE 17, ARTICLE 4, SECTION 17.46.040 OF THE MARINA MUNICIPAL CODE PERTAINING TO ACCESSORY DWELLING UNITS. -oOo-

1. The Community Development Department (CDD) for the City of Marina (City) , in response to Senat e Bill (SB) 897 , has recommended changes to several sections to bring the Marina Municipal Code (MMC) into compliance with state law.

2. Through this amendment, staff seeks to amend standards pertaining to building height for attached and detached accessory dwelling units (ADUs), parking s tandards, fi re sprinklers, and junior accessory dwelling units (JADUs).

3. The City’s ado pted fee schedule allows the B uilding Department to collect permitting fees for ADUs and JADUs based on the construction valuation of the project. The City’s adopted fee schedule does not currently allow CDD to collect impact fe es or ADUs larger than 750 square feet. No additional fees may be assessed under state law. No change to the adopted fee schedule is proposed or required at this time.

4. An amendment to the City’s Municipal Code is needed to provide clarity and transparency in this Section , and to bring this Section into compliance with state law . The proposed ordinance amendment is referenced herein as Exhibit 1 and is provided in a strike- though and underline format.

5. The City Council of the City of Marina reviewed the proposed amendments and considered the recommendations of the Planning Commission and held a duly noti ced public hearing on March 7, 2023.

6. The City of Marina Planning Comm ission, at a duly noticed public hearing on January 26, 2023 , adopted Resolution 202 3-06 recommending that the City Council adopt the proposed amendment.

7. Environmental. In accordance with the California Environmental Quality Act (CEQA), this ordinance i s not subject to CEQA pursuant to the State CEQA Guidelines, California Cod e of Regulations, Title 14, Chapter 3, Section 15303(a), pertaining to new construction or conversion of sma ll structures. Therefore, the adopti on of this ordinance is exempt from CEQA and no further environmental review is necessary.

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

Agenda Item: 10-l(2)
City Council Meeting of
April 4, 2023
1 SECTION 1. The foregoing recitals are adopted as findings of the City Council as though set forth fully herein.

SECTION 2. The City Council of the City of Marina determines the proposed ordinance amendment is not a project pursuant to CEQA Guidelines Section 15303(a).

SECTION 3. The City Council hereby adopts the ordinance amendment attached hereinto as Exhibit 1 and incorporated by reference.

SECTION 5. The City Manager is directed to execute all documents and to perform all other necessary acts to implement this Ordinance.

SECTION 6. Effective Date. This Ordinance shall be in full force and effect on thirty (30) days after its final passage and adoption.

The foregoing Ordinance was introduced on March 21, 2023, and passed and adopted by the City Council of the City of Marina at a regular meeting duly held on April 4, 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

2 Exhibit 1

17.42.040 Accessory Dwelling Units
This section establishes standards for the location and construction of accessory dwelling units and junior accessory dwelling units (jointly referred to as “accessory units” in this section) in conformance with California Government Code Sections 65852.2 and 65852.22. These standards are intended to allow for accessory units as an important form of affordable housing and to comply with state law.

A. Permits Required.

1. Accessory units consistent with the requirements of this section are allowed by right with the issuance of a building permit.

2. Time Limit to Act. The city shall complete its review of an accessory unit application and approve or deny the application within sixty days of receipt of the application if there is an existing single-family or multifamily dwelling on the lot. If the permit application to create an accessory unit is submitted with a permit application to create a new single-family dwelling on the lot, the city shall delay acting on the permit application for the accessory unit until the city acts on the permit application to create the new single-family dwelling. If the applicant requests a delay, the sixty-day time limit shall be extended for the period of the requested delay. In either case the application to create the accessory unit shall be considered without discretionary review or hearing.

B. Permitted Zoning Districts.

1. Accessory dwelling units are permitted in any zoning district where single-family or multifamily dwellings are a permitted or conditionally permitted land use as identified in this title. Junior accessory dwelling units are permitted in any zoning district where single-family dwellings are a permitted or conditionally permitted land use as identified in this title.

C. Site and Design Standards.

1. General. Accessory units are subject to the same requirements that apply to primary dwellings on the same lot in the applicable zoning district except as specified in this section.

2. Number of Accessory Units. No more than one junior accessory dwelling unit and one accessory dwelling unit is permitted on a single lot with a single-family dwelling. Lots with existing multifamily dwellings shall have a number of internal or attached accessory dwelling units equal to twenty-five percent of the existing multifamily dwelling units. Fractions of units of one-half and above shall be rounded up. Accessory dwelling units may include portions of dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages; provided, that each unit complies with state building standards for dwellings. At least one accessory dwelling unit shall be permitted per lot within existing multifamily dwellings. Not more than two detached accessory dwelling units shall be permitted on lots with existing multifamily dwellings.

3. Relationship to Primary Dwelling.
a. An accessory dwelling unit may be within, attached to, or detached from the primary dwelling. Attachment to the primary dwelling shall be by sharing a common interior wall or 3 common roof. No passageway (as defined in California Government Code Section 65852.2) is required in conjunction with the construction of an accessory dwelling unit. b. An accessory dwelling unit shall have its own kitchen, bathroom facilities, and entrance separate from the primary dwelling.
c. The city shall allow junior accessory dwelling units as defined in California Government Code Section 65852.22 to be constructed within the walls of the proposed or existing single- family residence with a separate entrance from the main entrance to the primary dwelling, an efficiency kitchen as defined herein, and shared or independent bathroom facilities.

4. Height.
a. A detached accessory dwelling unit is limited to sixteen feet in height. A detached accessory dwelling unit may be up to eighteen feet in height if it is (a) within one-half mile walking distance of a major transit stop or high quality transit corridor, or (b) on a lot that has an existing multifamily, multistory dwelling.
b. An attached accessory dwelling unit is limited to twenty-five feet in height or the height limitation that applies to the primary dwelling, whichever is lower.

An accessory unit is limited to sixteen feet in height; however, an accessory dwelling unit may be up to a maximum height limitation of twenty-four feet; provided, that it is constructed on a vacant lot in conjunction with a newly constructed primary single-family dwelling located on the same lot, and that the first story of the accessory dwelling unit structure includes parking for the unit and access to that parking is provided from the street with an unobstructed driveway or alleyway access of at least twelve feet in width.

5. Maximum Unit Size.
a. The maximum floor area for a studio or one-bedroom accessory dwelling unit shall be eight hundred fifty square feet, except accessory dwelling units which do not conform to subsections (A)(3)(d)(i) and (A)(3)(f)(iii) of this section which shall be limited to eight hundred square feet. The maximum floor area for an accessory dwelling unit of two bedrooms or more shall be one thousand square feet. In situations where an existing accessory structure is being converted to an accessory dwelling unit, an additional one hundred fifty square feet are allowed for expansion beyond the physical dimensions of the accessory dwelling unit, limited to providing ingress and egress only.
b. The maximum floor area of a junior accessory dwelling unit shall be five hundred square feet.

6. Property Line Setbacks.
a. No setback is required for an existing accessory structure or living area as defined herein that is converted to an accessory dwelling unit.
b. No setback is required for an accessory dwelling unit constructed in the same location and the same footprint as an existing accessory structure.
c. A minimum setback of four feet from the side and rear property lines is required for an accessory dwelling unit twenty-four twenty-five feet in height or less. If there is a recorded constraint, such as a no-build easement (e.g., public utility easement), then the recorded constraint prevails in determining the setback. Front and street side yard setbacks shall be the 4 same as the underlying zoning district. An accessory dwelling unit in excess of twenty-four twenty-five feet in height shall comply with setback requirements of the main structure of the applicable zoning district.

7. Parking.
a. Except as specified in this subsection, on-site parking for accessory dwelling units shall comply with all parking requirements in Chapter 17.44.
b. On-site parking is not required for junior accessory dwelling units. c. In addition to on-site parking spaces required for the primary dwelling, one on-site parking space shall be provided for each accessory dwelling unit per unit or bedroom, whichever is less. d. On-site parking spaces for accessory dwelling units may be covered or uncovered, may be tandem, and may be located within the front, side, or rear setback areas unless there is a specific site or regional condition related to fire or life safety that would make parking in setback areas unsafe.
e. No on-site parking is required for an accessory dwelling unit in the following cases:
i. The accessory dwelling unit is located within one-half mile walking distance of public transit. ii. The accessory dwelling unit is located within a National Register Historic District or other historic district officially designated by the city council. iii. The accessory dwelling unit is constructed within the primary residence or within an accessory structure.
iv. On-street parking permits are required but not offered to the occupant of the accessory dwelling unit.
v. A car-share vehicle pick-up/drop-off location is located within one block of the accessory dwelling unit.
vi. The accessory dwelling unit is part of an application to create a new single-family or multifamily dwelling on the same lot.

8. Utility Connections.
a. General. An accessory unit shall not be considered a new residential use for the purposes of calculating local agency connection fees or capacity charges for utilities, including water and sewer service, unless constructed in conjunction with a new single-family residence. b. Accessory Units in Existing Space. For accessory units within an existing primary dwelling, garage, or other accessory structure, the city shall not require an applicant to install a new or separate utility connection directly between the accessory unit and utility or impose a related connection fee or capacity charge.
c. Attached and Detached Accessory Dwelling Units. Consistent with California Government Code Section 66013, a utility connection may be subject to a connection fee or capacity charge that shall be proportionate to the burden of the proposed accessory dwelling unit, based upon either its size or the number of its plumbing fixtures, upon the water or sewer system. This fee or 5 charge shall not exceed the reasonable cost of providing this service. d. Fire Sprinklers. The installation of fire sprinklers shall not be required in an accessory unit if sprinklers are not required for the primary residence Accessory units shall not be required to provide fire sprinklers if they are not required for the primary residence. The construction of a dwelling unit shall not trigger a requirement for fire sprinklers to be installed in the existing primary dwelling.

9. Septic Tank Disposal System.
a. In areas where septic tank disposal systems are allowed due to lack of sanitary sewer lines, detached accessory dwelling units shall be served by separate and independent septic tank sewage disposal systems. All leach lines shall be designed and installed in accordance with current septic system requirements of the county of Monterey health department. b. In other areas of the city, accessory dwelling units shall be connected to the sanitary sewer system through the existing lateral line serving the primary dwelling.

10. Deed Restrictions.
a. Deed Restriction Required. Before obtaining a building permit for an accessory unit, the property owner shall file with the county recorder a declaration of restrictions containing a reference to the deed under which the property was acquired by the current owner. The deed restriction shall state that:
i. The accessory unit may not be sold separately from the primary dwelling. ii The accessory unit is restricted to the approved size as set forth in subsection (A)(3)(e) of this section.
iii. The accessory unit shall not be rented for a period of less than thirty-one days. iv. Binding on Future Owners. The above declarations shall be binding upon any successor in ownership of the property. Lack of compliance shall be cause for code enforcement and/or revoking the city’s approval of the accessory unit.

11. Fees.
a. Impact fees shall not be imposed on an accessory dwelling unit less than seven hundred fifty square feet in size.
b. Impact fees charged for an accessory dwelling unit of seven hundred fifty square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling.

6 FINDINGS
Staff finds that this project:

General Plan Compliance

1) General Plan Policy 2.31
“It is the City of Marina’s intent to promote construction of new housing that is environmentally and socially responsible.”

a. General Plan Policy 2.31.1
“In order to promote the social and fiscal well -being of the community, new housing shall be phased and shall provide for the needs of all economic groups.”

b. General Plan Policy 2.31.4
“New housing shall accommodate a broad range of lifestyles.”

c. General Plan Policy 2.31.6
“New housing shall be constructed at densities and in patterns which conserve land, reduce reliance on the private automobile, and result in walkable, attractive neighborhoods.”

Evidence: The development of ADUs and JADUs is consistent with General Plan Policy

2.31 in that accessory units are more environmentally sustainable and more accessible to a broad range of income groups than a traditional single -family house.

Zoning Compliance

2) Lateral consistency with Title 17, Section 17.42.040

Evidence: The amended ordinance is consistent with the state law and the City’s adopted standards for accessory units.

California Environmental Quality Act (CEQA) Compliance
The proposed project is exempt from the California Environmental Quality Act (CEQA) under Section 15303(a) of the State CEQA Guidelines. Staff has determined that the exemption applies in this case because this Section exempts up to three single-family residences in urbanized areas.

7 March 21, 2023 Item No: 13a
Honorable Mayor and Members City Council Meeting
of the Marina City Council of April 4, 2023

CITY COUNCIL RECEIVE A PRESENTATION ON THE GENERAL PLAN 2045 COMMUNITY ENGAGEMENT WORKPLAN AND ACCEPT THE
PLAN AS PRESENTED. THIS PRESENTATION IS EXEMP T FROM
ENVIRONMENTAL REVIEW PER SEC. 15378 OF THE CEQA
GUIDELINES.

REQUEST: It is requested that City Council:

1. Receive a presentation of the General Plan 2045 (GP2045) Community Engagement Workplan (Plan) by the City ’s consultant, Raimi+Associates (R+A) and accept the plan as presented. The Plan is included EXHIBIT A.

BACKGROUND:

At its meeting on October 20, 2022 , th e Ci ty Council approved an Agre ement f or Professional Services Agreement with Raimi+Associates (R+A) to prepare a comprehensive General Plan Update (GP2045), associated Environmental Impac t Report (EIR), and the necessary amendments to Title 17 of the Ma rina 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 as described in the Plan.

ANALYSIS:

As noted in the Plan, the range of activities to be undertaken th roughout the General Plan Update (GPU) process includes:
• Stakeholder interviews with individuals representing agency , cultural , and business partners in the community;
• Educational Forums teamed with educational videos;
• Up to six (6) themed community workshops;
• Pop-up workshops;
• Online surveys and feedback forms;
• Specific youth engagement;
• Two (2) focus groups on Environmental Justice (EJ) policies; and • General Plan Advisory Committee (GPAC) feedback. Note that those members of the community who either applied for or were recommended to the GPAC, but not appointed, will be included in the Stakeholder interviews.

These activities will be advertised through a new GP2045 website created and administered by R+A and the City ’s Facebook and Nextdoor accounts. Staff is considering adding an Inst agram site as well in an effort to reach a younger audience. There will also be one (1) citywide postcard mailing letting people know about the GPU and how to obtain additional information through the website(s) and social media platforms.
1 Spanish language translation for certain materials and tasks is included in the Engagement budget and we would like to utilize community volu nteers and GPAC members to assist with Korean , Hindi, Punjabi, Chinese (Mandarin) translation and others if possible.

FISCAL IMPACT:

There may be minor incidental costs to the City outside the GPU Engagement budget for supplies for pop-up meetings, copies, etc.

CONCLUSION:

This request is submitted for City Council discussion.

Respectfully submitted,

__________________________
Alyson Hunter, AICP
Interim Planning Manager,
Community Development Dept.

City of Marina

REVIEWED/CONCUR:

__________________________
Guido Persicone, AICP
Director, CDD
City of Marina

_____________________
Layne P. Long
City Manager
City of Marina
2 Community
Engagement
Workplan
Final - 3/21/2023

EXHIBIT A
3 City of Marina GPU | Engagement Workplan |2
Introduction
This engagement plan is an internal document that tracks all outreach activities in accordance with all phases laid out in the scope of work of the Marina General Plan Update. The purpose of this engagement plan is to identify opportunities for conducting outreach to Marina’s diverse communities and key stakeholders, analyze existing demographics, and describe the tools for how the project team will interact and communicate with Marina residents about the General Plan Update. The engagement plan will be updated by the Engagement Specialist with new actions and details identified over the course of the project.

This document begins by outlining the project team’s collective goals for community engagement. It then analyzes the demographic landscape of the city, documents the tools available to the team to execute communication with residents, and then lists ideas for engagement activities (in-person and virtual). Based on research and guidance from the Marina city staff, stakeholder groups are listed for partnerships.

Engagement Goals + Objectives
The following section identifies the goals and objectives of engagement for the City of Marina General Plan Update process:

1. Create an open and transparent engagement process that builds trust between the city, residents, businesses owners, and other stakeholders. This will occur by regularly updating the community about the project’s direction, creating opportunities for substantive input into the process, developing culturally appropriate engagement materials, and “meeting residents where they are at” by engaging them directly in their neighborhoods.

2. Engage a wide diversity of residents, with a focus on those who typically do not participate in civic projects and government meetings. Focused engagement will occur with key groups including Hispanic, Asian (Korean, Filipino, Japanese, Chinese, and Vietnamese), veterans, seniors, and youth populations in Marina.

3. Create accessible informational materials (postcards, flyers, presentations, etc.), that are language and culturally appropriate and disseminate these materials at City Council meetings, public events, workshops, and places in the community with high foot traffic throughout the two years of the project.

4. Develop the next generation of community leaders bringing new residents into the process and allowing all residents to help set the overall direction of the General Plan.

EXHIBIT A
4 City of Marina GPU | Engagement Workplan |3

5. Conduct engagement focused on residents living identified Disadvantaged Communities, as defined by Senate Bill 1000. These are communities that are low income and have disproportionate environmental health and pollution impacts.

6. Allow the community to provide substantive input on key components of the General Plan including the vision and guiding principles, the pattern and intensity of allowed land uses, and issues relevant to the City such as transportation, economic development, open space, arts and culture, health, and other policy issues.

Sampling Plan
This sampling plan identifies diverse populations that live in the city of Marina. Essentially, it is a demographic profile that informs our engagement strategy, which aims to be sensitive to the socio-cultural needs of residents through the engagement process.

TARGET
GROUP
MARINA

STATISTICS CHALLENGES ACTIVITIES POTENTIAL

PARTNERS / EVENTS
Monolingual
Spanish
Speakers
• 28% of Marina’s
population is
Hispanic
• Language
barriers
• Lack of trust in
process
• Limited
involvement in
civic activities
• Interpretation services
at workshops
• In-language materials
• 1-1 meetings with
community leaders
• Pop-ups at Latin
American grocery
stores.
• Center for
Community
Advocacy
• Conduct outreach at
planned cultural
events
• Pop ups at Latino
grocery stores
Renters • 59% of
households are
renter-occupied
• Limited
involvement in
civic activities
• Targeted outreach at
tracts with majority
rental units
• Coordinating with
multifamily building
owners to distribute
materials
• Tenant’s right and
renter’s advocacy
groups

College
Students
• 1,328 students • Limited time
• Lack of interest
in civic
engagement.
• Temporary
residence status
in Marina (if at
CSUMB)
• Partner with on-
campus departments
of Public Policy +
Environmental
Science for pop ups
and flyers

• CSUMB Geography
+ Environmental
Studies
• CSUMB Office of
Planning

EXHIBIT A
5 City of Marina GPU | Engagement Workplan |4
Households
with
Children
• 26% of
households
have children
under the age
of 18
• Hard for
parents to get
involved
• Youth not
normally
included in
process
• Hold focus groups
with youth
• Targeted outreach in
partnership with the
Youth Center and
Marina Library
• Marina Youth Center
• Pop ups at Marina
Branch Library
• Monterrey Peninsula
Unified School
District
Asian
Americans
(largest
groups are
Korean +
Vietnamese)
• 14% of Marina’s
population
identifies as
Asian; (approx.
7% Korean &
7% Vietnamese)
• Language
barriers
• Lack of trust in
process
• Limited
involvement in
civic activities
• Interpretation services
at workshops
• In-language materials
• Targeted media
outreach
• Pop-ups at Asian
American grocery
stores + businesses

• Korean American
Assoc. of Monterey,
San Benito, & SC
• Filipino-American
Community Club of
Monterey Pen.
• Pop-ups at markets
serving Asian
community
• Conduct outreach
at cultural events
Seniors • 14% of Marina’s
population is
composed of
seniors
• Access to
meetings, both
virtual and in-
person
• Pop-ups at spaces
serving seniors
• Stakeholder meetings
• Postcards in food
distribution bags
• Marina Senior Center
• Marina Senior
Association
Veterans [unknown] • Finding groups
of veterans to
engage
• Meetings with
Veteran groups
• To be added
following
stakeholder
interviews
Data Source: American Community Survey, 2020

ENVIRONMENTAL JUSTICE-RELATED DATA
Senate Bill 1000 requires that local governments to identify environmental justice communities (called “disadvantaged communities” or DACs) in their jurisdictions, address environmental justice in their general plans, and conduct focused engagement efforts on topics related to environmental justice. As part of the SB 1000 process, R+A will work with the City to identify DACs and then develop targeted outreach activities to reach residents in these communities to discuss environmental justice issues. A preliminary assessment of DAC found that the following census tracts are likely DACs:

Census
tract Intersections Population
Ces4.0
percentile
High
pollution
area?
Low-
income
with
pollution?
Federal
DAC?
014201 Carmel Ave- Patton
Pkwy- Del Monte
Blvd- Salinas Ave
5414 49 Yes No No

EXHIBIT A
6 City of Marina GPU | Engagement Workplan |5
014202 Reservation Rd-
Carmel Ave- Monte
Blvd - Salinas Ave
4411 51 Yes Yes Yes

Outreach + Communication Tools
The following tools will be used to communicate with the public at key intervals during the project.

The type of communication is generally divided into two categories: 1) updates on the project; and 2) invitations to specific events or activities.
• Stakeholder Introduction Calls. R+A staff will call all the stakeholders identified in the stakeholder list to provide an introduction to the project and discuss how to reach out to the stakeholder’s constituents through their networks.
• Email database. R+A will create a “Mail Chimp” database for the project. This will be populated from existing city email databases and updated through the project. The email database will be the primary communication tool and will be used to inform the community about events and project initiatives. The following steps will be followed to develop and implement this communication tool.
o Collect email databases from the City. The city will provide these to R+A in an excel format.
o Prepare MailChimp Database and populate with City email lists. o Send introductory email to database asking residents to “opt out” if they don’t want to receive General Plan-related emails.
o Create a “sign up” widget for the project website that links to the MailChimp database. This will allow individuals to sign up for updates. o Send regular updates to the database throughout the project, including before every event.
• Email List for Local Groups and Organizations. Through the stakeholder identification and interview process, R+A will identify local groups and organizations with ties to the community. We will identify key contacts and ask these individuals to forward project-related announcements to their constituents. This will occur before each major community event. • Social media. R+A will work with City staff to develop and manage social media accounts for Facebook, Instagram and NextDoor. R+A will be responsible for developing the content and city staff will post to social media. Postings will generally occur 2 weeks and a few days before each event. As needed, R+A can create Facebook and Instagram ads to announce public meetings. This cost will be from the project contingency budget.

EXHIBIT A
7 City of Marina GPU | Engagement Workplan |6
• Project website. R+A will create a basic project website that contains project information, including background information, meeting notices and meeting summaries. R+A recommends that the web address for the website be either www.marina2045.com or www.marinagp2045.com R+A staff will develop the website and provide the city with access so that but R+A and city staff every can provide regular updates. • General Plan Initiation Postcard. To announce the initiation of the Marina GPU process, the project team will develop a project postcard with information about the General Plan and announcing the preliminary engagement activities. R+A will use a mailing service to send the flyer to all addresses within the City of Marina. This will be billed to the on-call engagement task as it is not part of the core engagement activities. (Note that our current proposal is to send a postcard out at the beginning of the project only - as the on-call engagement or contingency task allows, R+A can create and send additional citywide mailers.) The engagement activities that will be announced in this postcard will be:
o Project website
o “General Plan 101” Kick-Off Educational Forum
o Issues/Opportunities workshop
o Issues/Opportunities survey
• Project Information Factsheet. At the beginning of the project, R+A will develop a brief factsheet with information about what a General Plan is, who is impacted, why it matters and how to get involved. R+A will rely on the City and community groups to distributed this to the public at pop-up workshops and other locations. City staff will be responsible for identifying and distributing the Factsheet. R+A can be responsible for printing the factsheet within the core budget or the on-call task.
• Flyers. R+A will develop a flyer for each round of engagement activities (ie, visioning, alternatives, etc.) and can print copies of flyers within the core budget or the on-call task.

Paper flyers and posters will be distributed and posted prior to major engagement activities.

Possible locations are identified in Section 7.
• Press releases. Media releases will be used to inform the media about key General Plan activities such as workshops or the release of major documents. This task can either be handed by city staff or R+A using the on-call budget.
• Ads in newspapers. The primary activity for advertising in local newspapers will be the free announcement section in the Monterey County Weekly and any other papers that include announcements about local meetings. At minimum, we recommend including ads before each workshop. This task will be completed by City staff. • Announcements at City Council and Planning Commission meetings. City staff should provide monthly updates and announcements will be provided to elected and appointed officials and broadcast to the community at large. The purpose will be to keep these bodies

EXHIBIT A
8 City of Marina GPU | Engagement Workplan |7
updated and engaged in the process and to reach residents and other stakeholder in attendance.
• Translation and interpretation. The project team acknowledges that the City of Marina is a diverse and multi-cultural city. In accordance with the goal of conducting an inclusive engagement process, the project team will translate engagement materials and surveys to Spanish.
• Branded materials (bags, pens, coasters, etc.). OPTIONAL: These can be produced by the team during the initial outreach phase.

Engagement Activities
The section below outlines the engagement activities agreed upon within the Project Scope of Work. • General Plan Advisory Committee. City staff and R+A will form and convene an approximately 11-member GPAC to serve as a sounding board for engagement and content.

Half of the meetings will be in person and half will be virtual (for the consultants). R+A will be responsible for developing the content for each meeting, including presentations and materials. City staff will be responsible for all logistics and communication with the GPAC.

The following is the general flow of the meetings. Additional meetings can be added as part of the on-call engagement task or the contingency budget. o Introduction, engagement plan, startup tasks (1 meeting) o Issues and opportunities (1 meeting)
o Existing conditions (1 meeting) covering subjects such as land use/Specific Plans/zoning; climate/sustainability/SLR; health and Environmental Justice o Vision and guiding principles (2 meetings)
o Alternatives development and selection (2 meetings)
o Policy development on key topics (1 meeting)
o GP and EIR review (1 meeting)
• Stakeholder interviews. The R+A Team (including KHA, Rincon and EPS) will conduct 10+ stakeholder interviews at the beginning of the project. The list of stakeholders is in a separate document and will be decided with city staff. R+A will also meet with 2 Environmental Justice Organizations to better understand the EJ issues in the community. (Note: The Stakeholder Interviews have been initiated by the General Plan Team as of March 21, 2023.) • Educational Forums. If needed the team can organize one or a series of workshops that inspire the City to this about its future and/or provide background information on the project. Preliminary, one educational forum is planned to provide background on General Plans.

EXHIBIT A
9 City of Marina GPU | Engagement Workplan |8
• Educational videos. The R+A Team will produce a series of educational videos that can be posted online. These will be a combination of recordings from educational forums and workshops and videos specifically created to provide more content on the General Plan. The topic-specific videos will be accompanied by a brief survey to obtain community ideas about the topic.
o General Plan Overview (presentation from the Jan 25 CC/PC joint study session). o Land use and urban design
o Transportation and mobility
o Environmental justice
o Economic development
o Parks, open space, and conservation/habitat
o Infrastructure, with a focus on water (potential). Note that we will need assistance from the water providers and city staff on this presentation. • Community workshops. R+A will organize 6 interactive workshops at key points in the process as listed below. R+A will be responsible for the following: workshop approach and content, developing materials, printing materials, preparing outreach materials to announce the workshops, providing up to 3 staff members to facilitate and run the meeting, and preparing summary notes. City staff will be responsible for meeting logistics, providing staff support and small group facilitators, and timely review of materials. (Note that Workshop 5 will be billed to On-Call Engagement)
o Workshop 1: Educational Workshop on “What is a General Plan?” o Workshop 2: Issues and Opportunities and Vision/Guiding Principles o Workshop 3: Environmental Justice Workshop
o Workshop 4: Develop Land Use and Mobility Alternatives o Workshop 5: Select Preferred Direction
o Workshop 6: Policy Direction on Key Topics
o Workshop 7: Draft General Plan Open House
• Pop-Up Workshops. R+A and city staff will jointly prepare and implement four rounds of pop-up workshops. The phases are below. This engagement activity is not part of the core scope of work so will be billed to the on-call engagement task. In each phase, R+A and city staff will decide upon a division of labor.
o Inform/educate. Preliminary pop-ups to inform the community about the General Plan. Materials distributed will include fact sheet, sign up for email database, and a brief survey (continuation of existing city activities). o Visioning. Collection of information on issues/opportunities, community perspectives, vision for the future.
o Land use alternatives. This series of pop-up will be to review the alternatives for the city and/or specific areas of the city.

EXHIBIT A
10 City of Marina GPU | Engagement Workplan |9
o Policy development. These pop-ups will be for a series of topic-specific pop-ups and/or for input on questions related to specific GP topics. • Surveys/Feedback Forms. R+A will prepare and summarize surveys using SurveyMonkey or other tools. The following are the topics and timing of the surveys. o Existing Conditions Mini Surveys. Series of brief (3-4 question) surveys to accompany the topic-specific educational videos.
o Issues/Opportunities/Vision. Questions about community preferences. o Alternatives Development (if needed) Interactive survey to identify potential land uses and development intensities.
o Land use alternatives. Feedback on land use alternatives, including uses and specific concepts for growth areas.
o Policy Framework (if needed). Review of topic-specific policy framework surveys.

This could be to review specific content or a prioritization exercise. o Draft General Plan. Feedback form on the Draft General Plan. • Environmental Justice Policy Focus Group (2). As part of the EJ Element development, R+A will conduct 2 focus groups with individuals and organizations identified during the engagement process to obtain feedback on policy direction. • Youth Engagement. To be determined following meetings with school district representatives, likely to include listening sessions and coordination with civics-oriented classes and clubs.

The following table describes the outreach activities that will be associated with each of the engagement activities listed above.

Engagement Activity Outreach Activity and Timing
GPAC o Email (Friday before each GPAC meeting)
Stakeholder Interviews o None (initial introductory email from the City) Educational Forums o Email 2 weeks and 2 days before each o Social media (2 weeks and 2 days before each)
o Emails to local groups (1 week before)
o Press release (2 weeks before)
Educational Videos o Email blast when each is published on the website o Social media when each is published on the website
Community Workshops o Email 2 weeks and 2 days before each o Social media (2 weeks and 2 days before each)
o Emails to local groups (1 week before)
o Press release (2 weeks before)
o Ads in newspapers (2 weeks before)

EXHIBIT A
11 City of Marina GPU | Engagement Workplan |10
o Flyers (distributed starting 3 weeks before each workshop or group of workshops)
Pop-Up Workshops o None (intended for people who are not part of the process) Surveys o Email 2 weeks and 2 days before each one begins o Social media (2 weeks and 2 days before each)
o Email reminder 1 week before close
Note: The project website will be updated regularly with all of the above activities except for the stakeholder interviews and pop-up workshops.

Tracking
The Team will track participation throughout the update process based on the metrics identified below. The metrics are divided into 2 categories: demographics and number of participants. • Number of participants.
o Number of respondents to surveys
o Number of people participating in each event (workshops, meetings, pop-ups, webinars), utilizing sign in sheets
o Number of people listed in the General Plan database
o Website activity
o Social media touches
o “Reach” of various outreach activities (i.e., readership of newspapers when ads are run; number of people receiving email communications from community groups, etc.)

• Demographics. Where possible, demographic data will be collected via questions provided in online surveys, live polling, website views, and sign-in sheets. The following information will be tracked:
o Resident/business owner/other
o Age (youth, seniors, families)
o Ethnicity (especially Hispanic and Asian participation) o Language spoken at home
o Renters/owners
o Length of tenure in the City
o Location of home or businesses (by Council District)

EXHIBIT A
12 City of Marina GPU | Engagement Workplan |11
Potential Locations for Outreach
Identifying spaces within the City of Marina where residents of all ages visit is key to conducting inclusive outreach. Places with high foot traffic and high numbers of visitors with established programming are strategic in promoting the Marina GPU process. Based on preliminary research and input with City of Marina staff, the Project team has identified the following spaces in the community to conduct pop-ups, co-host events, or sharing flyers.

TYPE PLACE POTENTIAL ACTIVITY
Shopping Centers • Marina Shopping Center
• Lucky’s
• Walmart Super Center
• Asian Market of Marina
• El Rancho Market
Post flyers and make an ask to hand
out Marina GPU information outside of
the supermarket
Restaurants, Bars, and
Cafes
• Coffee Mia Brew Bar + Café
• The Otter’s Den
• English Ales Brewery
• LOCAL. Eats. Merch. Vibes
Post flyers about upcoming GPU
events. Partner to co-host workshops
at businesses with larger capacity.

Community Spaces • Marina Library
• Veterans Transition Center
• CSUMB Student Union
• Marina Senior Center
• Marina Teen Center
• Marina Farmer’s Market
Conduct pop-ups, and interactive +
informational activities.

Events and Activities • Marina Farmers Market
• Blue Zones community
meetings and events
• Sustainable Marina events
• Other events that occur
throughout the City during the
year
Attend events for pop-ups and to hand
out information on how to get involved
in the General Plan update process.

EXHIBIT A
13 City of Marina GPU | Engagement Workplan |12
Key Stakeholders
This section identifies key stakeholders who will serve as experts on the community to partner with regarding the Marina GPU process, with activities ranging from direct interviews and conversations, information sharing, and direction. Based on preliminary research and input with City of Marina staff, the Project team has identified the following stakeholders to reach out to.

CATEGORY STAKEHOLDERS
Environment,
Sustainability, and
Open Space
• Land Watch Monterey County
• Monterey Parks and Rec
• Fort Ord Recreation Trails (FORT) Friends
• Fort Ord Environmental Justice Network
• Citizens for Sustainable Marina
• Keep Fort Ord in the Wild
• Monterey Peninsula Regional Park District
Education • CSU Monterey Bay
• Monterey Bay Peninsula School District
• Marina High School
• UC Santa Cruz Monterey Bay Education Science and Tech Center Business and Tourism • Monterey County Chamber of Commerce • Monterey County Hospitality Association
• City of Marina Chamber of Commerce
• Monterey Farm Bureau
• Marina Municipal Airport
Ethnic • Asian Communities of Marina
• Korean American Assoc. of Monterey, San Benito, & SC
• Filipino-American Community Club of Monterey Pen.

Housing • Monterey Bay Economic Partnership
• Center for Community Advocacy
• Monterey County Association of Realtors
• Housing Resource Center (HRC) of Monterey County
• United Way of Monterey County
Transportation • Monterey-Salinas Transit
• Transportation Agency for Monterey County
• Caltrans District 5
Public Agencies • Marina Coast Water District
• Monterey One Water
• Local Agency Formation Commission of Monterey County (LAFCO) Community Interests • Marina Senior Association
• Marina Rotary Club
• The Marina Foundation
• Arts Council for Monterey County

EXHIBIT A
14 City of Marina GPU | Engagement Workplan |13
Initial Engagement Schedule
The following is the engagement schedule for the first few months of the project.

January 2023
o Final Logo and Branding
o Develop stakeholder lists
o Set up email database
February 2023
o Continue city-led pop-ups
o Initial email blast
o Develop project website wireframe & content
o Draft Project Fact Sheet
o GPAC Formation (finalize after Council on 2/22)
March 2023
o Final Engagement Plan
o Conduct stakeholder interviews
o Finalize Project Fact Sheet
o Develop postcard mailer
o Send postcard mailer
o Launch website
o Prepare summary of stakeholder interviews
o Meetings with EJ organizations
o Launch Issues and Opportunities Survey
April 2023
o “What is a GP” Educational Forum (virtual)
o GPAC Meeting #1: Initiation
o Develop and publish educational videos on key existing conditions topics May 2023
o GPAC Meeting #2: Issues and Opportunities
o Major in-person engagement push
o Pop-ups on Issues and Opportunities
o Workshop #1: Issues and Opportunities in-person charrette o Continued stakeholder and EJ meetings

EXHIBIT A
15 March 29, 2023 Item No. 13(b)
Honorable Mayor and Members City Council Meeting
of the Marina City Council of April 4, 2023
CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2 023-,

AWARDING THE IMJIN PARKWAY WIDENING PROJECT TO

MONTEREY PENINSULA ENGINEERING OF MA RINA, CALIFORNIA
FOR THE AMOUNT OF $27,782,058.47, AUTHORIZING THE CITY

MANAGER TO EXECUTE CONTRACT DOCUMENTS AND ALL

CHANGE ORDERS ON BEHALF OF THE CITY SUBJECT TO FINAL

REVIEW AND APPROVAL BY THE CITY ATTORNEY , AND

AUTHORIZING THE FINANCE DIRE CTOR TO MAKE NECESSARY

ACCOUNTING AND BUDGETARY ENTRIES
REQUEST:

It is requested that the City Council consider:

1. Adopting Resolution No. 20 23-, awarding the Imjin P arkway Widening Project to Monterey Peninsula E ngineering of Marina , California for the a mount of $27,782,058.47, and;

2. Authorizing the City Manager to execute contract documents and all change orders on behalf of the City subject to final review and approval by the City Attorney, and;

3. Authorizing the Finance Director to make necessary ac counting and bud getary entries.

BACKGROUND:

At the re gular meeting of Octobe r 4, 2016, the City Council adopted Reso lution No. 2016 -142, Approving agreement between City of Marina and Kimley-Horn and Associates, Inc. of Salinas, California, to provide engineering services for the widening of Imjin P arkway in the amount of $2,173,520. The contract agreement has received t wo amendment approvals through C ouncil Resolution No. 2019-14 and No. 2019-115.

At the regular meeting of June 15, 2017, the Public Works Commission adopted Resolution No. 2017-05(PW), receiving information on the City’s Imjin Parkway Widening Project 30% Design.

At the regular meeting of September 18, 2018, the City Council adopted Res olution No. 2018 - 111, a pproving a Senate Bill 1 Local Partnership Progr am Baseline Agreement (SB1 LPP) to receive grant funding amounting to $1 9 million for the Marina -Salinas Multimodal Corridor – Imjin Parkway Widening Project.

At the regular m eeting of November 19, 2019, the City Council approved Resolution 2019 -124, approving a Measure X Regional Funding Agreement with the Transportation Agency for Monterey County (TAMC) to receive funding for the Marina -Salinas Multimodal Corridor -Imjin Parkw ay Widening Project.
1 At the regular meeting of the California Transportation C ommission of October 13-14, 2021, the Commission approved the allocation for locally administered Senate Bill 1 Local Part nership Program funds for the construction of the project.

At the regular meeting of Novem ber 2, 2021, the City Council approved Reso lution No. 2021-116, approving advertising and call for bids for the Imjin Pkwy Widening Project.

At the regular meeting of November 1 5, 20 22, the City Council approved Resolution 2022-136, approve Amendment No.1 to the Measure X Regional Funding Agreemen t with the Transportation Agency for Monterey County (TAMC) to receive funding for the Marina -Salinas Multimodal Corridor – Imjin Parkway Widening Project.

At the regular meeting of March 23-24, 2023, the California Transportation Commission approved the TAMC allocation of $1.25 million of Sen ate Bill 1 Local Partnership Program funding to the Imjin Parkway Widening Project.

ANALYSIS:

On December 15, 2022, City staff advertised the Project with an Engineer’s construction contract estimate of $29-34 million. On January 31, 2023, sealed bids were received, opened and publicly read for the Imjin Parkway Widening Project.

Five (5) bids were received as follows:

Monterey Peninsula Engineering $27,782,058.47 (Lowest Bid) Graniterock Construction Company $28,211,282.39 DeSilva Gates Construction $29,564,926.68 Teichert Construction $30,956,260.77 Granite Construction Company $33,968,171.15

The lowest bid total is $27,782,058.47 from Monterey Peninsula Engineering (MPE) of Marina, California. The c ost estimate for City staff co nstruction management, inspection, material testing, biolo gical surveying, construction design support, administration, contingenc y and project closeout is $11,960,000. Therefore, the total project cost amounts to $39,742,058.47.

On February 8, 2023, staff received a bid advisory notice via email from the Foundation for Fair Contracting organization (FFC) requesting that the City re ject MPE’s bid proposal (“EXHIBIT A”). Per the City’s Municipal code and project contract documents, FFC as a non-profit does not meet the requirements to submit a n official bid protest. The allegations of non -responsiveness were reviewed by the City Attorney who found no validation to reject MPE ’s bid proposal. The contractor also provided the City with a re sponse to the bid advisory notice (“EXHIBIT B”).

After consideration of the information provided, staff has found the bid to be responsive and find no issues concerning MPE’s responsibility to perform the work of the contract (“EXHIBIT C”).

The construction contract for the project requires that state prevailing wages be paid for the work performed. City’s Construction Management consultan t, Harris and A ssociates, will monit or compliance with p revailing wage laws for the duration of the project as part of their scope of work.

2 Consistent with SB1 and M easure X grant procedures, these grants will be reimbursed for project expenditures to the City. The C ity previously allocated $2 million in Publ ic Facility Impact Fees (PFIF, Roadway) as part of the Fiscal Year 21/22 budg et. These PFIF funds will be u tilized to advance the payment of pro ject costs prior to reimbursement. This project timeline is approximately two and a half years , and PFIF wil l be restored by the grant funds. It is currently estimated that $500,000 in project costs will be expended in Fiscal Year 22/23, with the remainder to be expended in Fiscal Year s 23/24 and 24/25 . Administering reimbursement with the grantor will be done on a quarterly basis or more frequently as deemed cost effective.

FISCAL IMPACT:

The total con struction budget for the project is $40.5 million, fun ded with $ 20.25 million from the Local Partnership Program com petitive grant; $18.25 million from Measure X; a nd $2 million from Public Facility Impact Fees (PFIF, Roadway).

Should the City Council approve this request, the City Finance Director will make all necessary accounting and budgeta ry entries to facilitate a short-term intrafund loan to the Capital Improvement Program Project EDR1808 – Imjin Pkwy Widening.

ENVIRONMENTAL:

California Environmental Quality Act (CEQA)
At the reg ular meeting of Febru ary 5, 2019, the City Council adopted Resolution No. 2019-11, adopting a mitigated negative declara tion and mitigation monitoring program for the I mjin Parkway Widening Project. The Notice of Determination was filed with the State Office of Planning and Research and recorded with the Monterey County Recorders Office.

National Environmental Protection Act (NEPA)
In reviewing and approving projects under NEPA, Caltrans is the lead Agency in complying with all applicable federal environmental laws and with F ederal Highway Administration’s (FHWA) NEPA regulations, policies, and guidance, and is legally responsible and liable for the environmental decisions made on projects under NEPA Assignment. Caltrans has determined that this project is a Categorical Exclusion under 23 USC 327.

Incidental Take Permit (ITP)
The California Endangered Species Act (CESA) incidental take permit (IT P) has been issued by the California Department of F ish and W ildlife (CDFW) on December 12, 2 022. All requirements set by the Permit and its Mitigation Monitoring and Reporting Program (MMR P) are currently underway, and staff are working with CDFW to finalize all protection measures and conditions prior to start of construction. The anticipated construction start date is June 2023.

CONCLUSION:

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

Respectfully submitted,

____________________________
Edrie Delos Santos, P.E.

Senior Engineer, Engineering Division
Public Works Department
City of Marina
3 REVIEWED/CONCUR:

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

Public Works Director/City Engineer
City of Marina

_____________________________
Layne P. Long
City Manager
City of Marina

4 RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY OF MARINA AWARDING THE IMJIN

PARKWAY WIDENING PROJECT TO MONTEREY PENINSULA

ENGINEERING OF MARINA, CALIFORNIA FOR THE AMOUNT OF
$27,782,058.47, AUTHORIZING THE CITY MANAGER TO EXECUTE

CONTRACT DOCUMENTS AND ALL CHANGE ORDERS ON BEHALF OF

THE CITY SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY

ATTORNEY, AND AUTHORIZING THE FINANCE DIRECTOR TO MAKE

NECESSARY ACCOUNTING AND BUDGETARY ENTRIES

WHEREAS, at the regular meeting of October 4, 2016, the City Council adopted Reso lution No. 2016-142, Approving agreement between Cit y of Marina and Kimley-Horn and Associates, Inc. of Salinas, California, to provide engineering services for the widening of Imjin P arkway in the amount of $2,173,520. The contract agreement has received two amendment approvals through Council Resolution No. 2019-14 and No. 2019-115, and;

WHEREAS, at the regular meeting of June 15, 2017, the Public Works Commission adopted Resolution No. 2017 -05(PW), receiving information on the City ’s Imjin Parkway Widening Project 30% Design, and;

WHEREAS, at the regular meeting of September 18, 2018, the City Council adopted Resolution No. 2018-111, approving a Senate Bill 1 Local Partnership Program Baseline Agreement (SB1 LPP) to receive grant funding amounting to $19 million for the Marina-Salinas Multimodal Corridor – Imjin Parkway Widening Project, and;

WHEREAS, at the regular meeting of November 19, 2019, the City Council approved Resolution 2019-124, approving a Measure X Regional Funding Agreement with the Transportation Agency for Monterey County (TAMC) to receive funding for the Marina -Salinas Mu ltimodal Corridor -Imjin Parkway Widening Project, and;

WHEREAS, at the regular meeting of the California Transportation Commission of October 13- 14, 2021, the Commission approved the allocation for locally administered Senate Bill 1 Local Partnership Program funds for the construction of the project, and;

WHEREAS, at the regular meeting of November 2, 2021, the City Council approved Resolution No. 2021-116, approving advertising and call for bids for the Imjin Pkwy Widening Project, and;

WHEREAS, at the regular meeting of November 1 5, 2022, the City Council approved Resolution 2022-136, approve Amendment No.1 to the Measur e X Regional Funding Agreement with the Transportation Agency for Monterey County (TAMC) to receive funding for the Marina -Salinas Multimodal Corridor – Imjin Parkway Widening Project, and;

WHEREAS, at the regular meeting of March 23 -24, 2023, the Califo rnia Transportation Commission approved the TAMC allocation of $1.25 million of Sen ate Bill 1 Local Partnership Program funding to the Imjin Parkway Widening Project, and;

WHEREAS, on December 15, 2022 , City staff advertised the Project with an Engineer’s construction contract estimate of $29-34 million. On January 31, 2023 , sealed bids wer e received, opened and publicly read for the Imjin Parkway Widening Project, and;

5 Resolution No. 2023-
Page Two

WHEREAS, five (5) bids were received, opened and publicly read for the Imjin Pkwy Widening Project, and;

WHEREAS, the lowest bid total is $27,782,058.47 from Monterey Peninsula Engineering (MPE) of Marina, Califo rnia. The c ost estimate for City staff co nstruction management, inspection, material testing, biolo gical surveying, construction design support, administration, contingency and project closeout is $11,960,000. Therefore, the total project cost amounts to $39,742,058.47, and;

WHEREAS, on February 8, 2023, staff received a bid advisory notice via email from the Foundation for Fair Contracting organization (FFC) r equesting that the City re ject M PE’s bid proposal (“Exhibit A”). Per the City’s Municipal code and project contract documents, FFC as a non-profit does not meet the requirements to submit a n official bid protest. The allegations of non-responsiveness were reviewed by the City Attor ney who found no validation to reject MPE’s bid p roposal. The contractor also provided the City with a re sponse to the bid advisory notice (“Exhibit B”). After consideration of the in formation provided, staff has found the bid to be responsive and find no issues concerning MPE’s responsibility to perform the work of t he contract (“Exhibit C ”). The construction contract for the projec t requires that state p revailing wages be paid for the work performed. City’s Construction Management consultant, Harris and Associates, will monitor compliance with prevailing wage laws for the duration of the project as part of their scope of work, and;

WHEREAS, consistent with SB1 and Measure X grant procedures, these grants will be reimbursed for proj ect expenditures to the City. The City previously allocated $2 million in Public Facility Impact Fees (PFIF, Roadway) as part of the Fiscal Year 21/22 budg et. These PFIF funds will be utilized t o advance the payment of pro ject costs prior to reimbursement. This project ti meline is approximately two and a half years , and PFIF wi ll be restored by the grant funds. It is currently estimated that $500,000 in project costs will be expended in Fiscal Year 22/23, with the remainder to be expended in Fiscal Year s 23/24 and 24/25. Administering reimbursement with the grantor will be done on a quarterly basis or more frequently as deemed cost effective, and;

WHEREAS, the total con struction budget for the pr oject is $40.5 million, fun ded with $ 20.25 million from the Local Partnership Program com petitive grant; $18.25 million from Measure X; and $2 million from Public Facility Impact Fees (PFIF, Roadway), and;

WHEREAS, should the City Council approve this request, the City Finance Director will make all necessary accounting and budgeta ry entries to facilitate a short-term intrafund loan to the Capital Improvement Program Project EDR1808 – Imjin Pkwy Widening, and;

WHEREAS, at the reg ular me eting of Febru ary 5 , 2019, the City Council adopted Resolution No. 2019-11, adopting a mitigated negative declara tion and mitigation monitoring program fo r the I mjin Parkway Widening Project. The Notice of Determination was filed with the State Office of Planning and Research and recorded with the Monterey County Recorders Office, and;

6 Resolution No. 2023-
Page Three

WHEREAS, in reviewing and approving pr ojects under NEPA, Caltrans is the lead Agency in complying with all applicable federal environmental laws and with F ederal Highway Administration’s (FHWA) NEPA regulations, policies, and guidance, and is legally responsible and liable for the environmenta l decisions made on projects under NEPA Assignment. Caltrans has determined that this project is a Categorical Exclusion under 23 USC 327, and;

WHEREAS, the California E ndangered S pecies Act (CE SA) incidental take permit (IT P) has been issued by the Cali fornia Department of F ish and Wildlife (CDFW) on December 12, 2 022.

All require ments set by the Permit and its Mitigation Mo nitoring and Reporting Program (MMRP) are currently underway , and staff are working with CDFW to finalize all protection measures and conditions prior to start of construction. The anticipated construction start date is June 2023.

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

1. Award the Imjin P arkway W idening Project to Monterey Peninsula E ngineering of Marina, California for the amount of $27,782,058.47, and;

2. Authorize the City Manager to execute contract documents and all change orders on behalf of the City subject to final review and approval by the City Attorney, and;

3. Authorize Finance Director to make necessary accounting and budgetary entries.

PASSED AND ADOPTED by the City Council of the City of Marina at a regula r meeting duly held on the 4th day of April 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

7 VIA EMAIL – [email protected]
February 9, 2023
Brian McMinn
City of Marina
211 Hillcrest Avenue
Marina, CA 93933
RE: BID ADVISORY
Bidder: Monterey Peninsula Engineering
Awarding Agency: City of Marina
Project: Imjin Parkway Widening Project (RSTPL-5416(011)) FFC Case No.: 1089SJ
Dear Mr. McMinn:

The Foundation for Fair Contracting (FFC) is a nonprofit organization which has been serving the public interest since 1985. The objective of the FFC is to monitor compliance with prevailing wage laws pertaining to the construction industry, including informing and educating industry stakeholders. Unbalanced bids raise questions in regard to performance and compliance with the rules and regulations for the payment of prevailing wages, and the safety and well-being of the workforce. It further opens the question of excessive future change orders, the fairness to and rights of other bidders in the bidding process, and the intent of the bidding process in general.

In deference to all bidders and in order for the public interest to best be served, please enter this formal bid advisory against the above-noted contractor as a matter of public record. We respectfully request that Monterey Peninsula Engineering (MPE) bid be rejected for the following reasons:
• ONGOING VIOLATIONS OF PREVAILING WAGE LAWS RESULTING IN WAGE THEFT
MPE has numerous infractions/violations which have resulted in willful circumvention of the Laws and Regulations Governing the Payment of Prevailing Wages, including, but not limited to, violations resulting in wage theft and non-compliance with apprenticeship laws. MPE has engaged in this pattern of unlawful activity on various public works prevailing wage projects. Civil Wage and Penalty Assessments have been issued to MPE by the State of California, Division of Labor Standards Enforcement (DLSE), Labor Commissioner’s office. We have provided supporting documentation for your review.

Furthermore, MPE is currently under investigation by our offices and the State of California, Division of Labor Standards Enforcement (DLSE), Labor Commissioner’s office in connection with issues provided below. We have provided supporting documentation for your review.
▪ Misclassifications resulting in underpayments.
▪ Failure to comply with overtime requirements.

EXHIBIT A
8 Brian McMinn
City of Marina
February 9, 2023

Page 2 ends

Marina City CouncilApril 4, 2023

Marina City Council
April 4, 2023