kimley-horn.com 100 West San Fernando Street, Suite 250, San Jose, CA 95113 669 800 4130 April 10, 2023
Mr. Edrie Delos Santos P.E.
Senior Engineer
City of Marina
211 Hillcrest Avenue
Marina, California 93933
Re: Proposal – City of Marina 2021 Development Impact Fee Update Dear Mr. Delos Santos:
Kimley-Horn and Associates, Inc. (Kimley-Horn) and EPS is pleased to submit this letter agreement to the City of Marina for providing additional service associated with the City of Marina 2021 Development Impact Fee Update Scope of Service dated July 20, 2021. This letter constitutes a proposal setting forth our additional Scope of Service, Schedule, and Fee. The scope of services included below will be conducted based on our existing on-call contract with the City. The proposal is an amendment to the existing Contract to Prepare the 2023 City DIF update. The reason for the Amendment is the implementation of AB 602, which changes the way Cities collect Impact Fees.
Project Understanding
The City of Marina (City) is seeking to update its Mitigation Fee Act (Government Code Section 66000) Development Impact Fees. A Development Impact Fee Study (RBF Consulting, July 20, 2007) established five City development impact fee programs, including Public Building Facilities, Public Safety Facilities, Roadways, Intersections and Park Facilities. The City updated these fees in 2011 (RBF Consulting, April 25, 2011) and then again in 2016 (Kimley-Horn, May 18, 2016).
At this time, the City’s goal is to update the fees to reflect changes to the Capital Improvement Program (adding new improvements and removing completed projects/ acquisitions) and to reflect current development projections in the City. The current update also must bring the City’s development impact fees into compliance with state legislation (AB-602) that introduces new requirements for the calculation, establishment, and disclosure of impact fees and fee policies. This Amendment is due to the AB 602 requirements.
Scope of Services
The proposed EPS work program is envisioned as a collaborative effort with Kimley-Horn and City staff.
Kimley-Horn will lead the overall effort. EPS will be responsible for preparing technical work and documentation for three fees. EPS will document the fee update analysis in a technical memorandum.
If a comprehensive fee study document is needed, Kimley-Horn will incorporate EPS technical work into that final deliverable. This scope of services is to conduct a supplemental AB 602 deficiency analysis as part of the City of Marina 2021 Development Impact Fee Update.
Roadways and Transportation Facilities Impact Fees (Kimley-Horn) Ta
sk 1: Data Collection
Kimley-Horn has identified the intersection improvement and roadway improvement projects listed in the City’s most recent Capital Improvement Program as well as Fort Ord Reuse Authority (FORA) Capital Improvement Program (CIP) that will be evaluated as part of this task. Kimley-Horn in coordination with City Staff will collect weekday AM and PM peak period turning movement counts at
EXHIBIT A
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kimley-horn.com 10 Almaden Boulevard, Suite 1250, San Jose, CA 95113 669 800 4130 the up to thirty (30) study intersections on a typical weekday between 5:30am to 8:30am and 4:30pm to 7:30pm. Caltrans traffic flow data will be used to collect traffic counts at the study roadway segments where applicable. We will also collect 24 hour ADT counts at up to thirty (30) roadway segments.
Deliverables:
Summary of collected counts
Task 2: Developing Level of Service (LOS) Analysis Methodologies and Thresholds Kimley-Horn will review and categorize each project type listed in the City’s most recent CIP as well as FOR A CIP to develop analysis methodologies and thresholds for determining level of service standards before and after implementation of each project. Categories may include roadway capacity increases, freeway interchange improvements, intersection improvements, safety projects, and active transportation projects. Kimley-Horn will provide tables to City staff that summarize the project groupings, the level of service analysis methodology for each group, and the level of service threshold for each group.
Deliverables:
LOS Methodologies and Thresholds by Project Type Summary Tables Task 3: Refine Growth Forecast
Kimley-Horn will refine population and employment forecasts to calculate the increase in traffic demand attributable to forecast new growth within the City of Marina. Kimley-Horn will work with the City to review the adequacy and accuracy of the zone level data and network. The review will also identify and make any updates if deemed necessary. Kimley-Horn anticipates that the amount of development that is expected to occur between 2023 and 2050 will be determined based upon ABAG Projections 2050 as defined in the latest Association of Monterey Bay Area Governments (AMBAG) regional travel demand model.
Kimley-Horn will aggregate the City’s growth forecast by land use type. Projection of employment will be translated into ten non-residential land use types (i.e. Agricultural, Manufacturing and Mining, Construction and Transportation Waste, Finance and Real Estate, Services, Public Administration, Wholesale, Retail, Education, and Healthcare). The total growth forecast will be converted into land use types to ease the administration of the impact fee at the local level.
Kimley-Horn will summarize results of Task 3 in the form of tables and maps that would be submitted to the City for review. After one set of non-conflicting comments, Kimley-Horn will review and produce the final set of future forecasts within the City to be used in the AMBAG model.
Deliverables:
Draft Refined Growth Forecast
Final Refined Growth Forecast
Task 4: Level of Service Analysis and Project Evaluation Kimley-Horn will evaluate level of service for each of the applicable projects included in the City of Marina CIP as well as roadway transportation projects included in FORA CIP. We will use the methodologies and thresholds developed as a part of Task 2 to determine the level of service before and after each project is constructed. The latest available version of the AMBAG model will be used in consultation with City staff and the most recent Base Year and Future Year model scenarios will be used to develop future traffic volumes for the LOS analysis of with and without project conditions. This
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evaluation will establish the need for each project, consistent with the requirements set forth by AB 602.
Deliverables:
LOS Summary Tables by Project Type
Task 5: Fee Evaluation
Kimley-Horn will evaluate the fee calculations by land use type in light of the level of service analysis conducted as part of Task 4 and propose fee adjustments based on AB 602 analysis if necessary, in a summary table for City staff.
Deliverables:
Existing Deficiency Summary Table
Table Summarizing Fees by Land Use Type
Task 6: – Evaluation of Residential Household Fees by Household Size Consistent with the impending July 1, 2022 requirements set forth by AB 602, Kimley-Horn will determine residential fees by household size. AB 602 requires that different fees be set based on household size. Therefore, Kimley-Horn will determine the groupings of household sizes (e.g., less than 1,200 square-feet, 1,200 – 2,500 square-feet, and greater than 2,500 square-feet) and the potential future fees associated with each group based on the overall fee for residential units calculated as a part of Task 5.
Deliverables:
Summary Table of Residential Fees by Household Size
Task 7: Documentation ( Kimley-Horn and EPS)
Kimley-Horn will prepare a draft technical memorandum summarizing the procedures, findings, and conclusions from Tasks 1 – 6 with graphics deemed necessary by Kimley-Horn. This memorandum will be submitted to City staff for review and comments. Kimley-Horn will revise the draft technical memorandum based on one set of non-conflicting comments received from City staff and provide staff with the final technical memorandum.
Deliverable:
Draft Technical Memorandum
Final Technical Memorandum
Task 8: Meetings and Project Management ( Kimley-Horn and EPS) This task covers project administration and up to three meetings between Kimley-Horn and City staff.
It is intended that these three meetings will comprise of a kickoff meeting and meetings to discuss the findings of the analysis. In addition, we will attend two public hearings and prepare Microsoft PowerPoint presentations for each hearing. The scope also includes the attendance of two City Council meetings to adopt the DIF. If Kimley-Horn’s attendance at other meetings or public hearings is requested, such attendance will be subject to a contract amendment, as discussed below.
Deliverables:
Kickoff Meeting
City Meetings
Public Meetings
Public Building Facilities, Public Safety Facilities, Park Facilities (EPS)
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kimley-horn.com 10 Almaden Boulevard, Suite 1250, San Jose, CA 95113 669 800 4130
EPS will undertake to complete a study to establish legal maximums for the City’s development impact fees, consistent with the provisions of the Mitigation Fee Act and AB-602. The work program includes the necessary technical analysis to support establishing development fees for:
Public Building Facilities;
Public Safety Facilities; and
Park Facilities.
EPS would prepare this fee study under subcontract with Kimley-Horn, which will prepare a fee study to update the City’s Roadways and Intersections fees. The combined efforts of Kimley-Horn and EPS will provide a comprehensive update of Marina’s development impact fee program. The EPS proposal includes in-person attendance at one City hearing to support adoption of the new fees.
The following task descriptions detail EPS’s proposed data collection, technical efforts, documentation, and meeting attendance.
Task 1: Project Initiation and Document Review
EPS will meet by video call with Kimley-Horn and City staff to initiate the project. This project kickoff meeting will cover:
Review of overall work program
Evaluation of Capital Improvement Program data, with input from departments Consideration of CIP funding sources, including Development Agreements Discussion of development buildout projections
Identification of additional information needs
Schedule and Next Steps
Communication Protocols
As part of the project initiation meeting, it would be helpful to have key City staff in attendance to provide an overview of the fee program and objectives for the update, capital improvement project descriptions, and key issues of concern for the study. Prior to the project initiation meeting, EPS will review relevant documents and data from the City, including the original 2007 fee study, update reports, current fee schedules, draft capital improvement program data, and other relevant information provided. EPS will attend the kickoff prepared to discuss key issues and potential issues related to the information contained in these documents, as well as requirements for updating the development impact fees.
EXHIBIT A
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kimley-horn.com 10 Almaden Boulevard, Suite 1250, San Jose, CA 95113 669 800 4130
Task 2: Data Collection and Evaluation
EPS will work with Kimley-Horn to collect and evaluate the land use categories and assumptions, growth/buildout projections, pipeline projects, and development agreements that will inform impact fee updates. EPS also will coordinate with the study team to define key assumptions, such as population and employment densities for each land use category that will be used to allocate demand for new infrastructure. EPS that Kimley-Horn facilitate data collection and ensure data is reported in a manner that supports impact fee development. The City will provide key information on any Development Agreements that affect capital improvement program demand and funding, and thereby affect the calculation of development impact fees.
Task 3: Calculation of Maximum Development Impact Fees
Task 3 covers the technical work required to update the Public Building Facilities Fee, Public Safety Facilities Fee, and Park Facilities Fee. EPS technical work will establish the maximum, justifiable fee level. Ultimately, the City may adopt fees that are less than the maximum allowed.
Task 3.1: Facility Requirements and Costs
EPS will work with Kimley-Horn and City staff to assess and finalize the list of public facility and infrastructure requirements that constitute the development impact fee capital improvement program for each of the fee categories. The individual improvement items will include those that are proposed to be funded, all or in part, by the development impact fees. Following Task 2 review relevant City capital facility planning documents, EPS will rely on City staff to coordinate interviews with relevant departments that may be needed to gain a sufficient understanding of the current and future public facility needs. EPS will attend any department interviews virtually.
EPS will review the City’s capital facilities needs and identify which facilities can be included in the development impact fee improvement program from a Mitigation Fee Act/ nexus standpoint. Attention will be paid to assure that cost estimates include all appropriate items, including land acquisition, design and engineering, construction, program administration, and other relevant costs.
Task 3.2: Cost Allocation and Fee Calculation
EPS will prepare the nexus-based cost allocation necessary to develop a preliminary development impact fee schedule for review by City staff. As a part of this effort, EPS will first allocate the development impact fee program costs to new and existing development. Specifically, EPS will review each capital project developed in Task 3.1 to determine whether the entire cost or a reasonable portion thereof can be proportionately allocated to new growth. The costs for projects that clearly serve both existing and new development will be allocated based on the proportion of the demand generated by each. As is required, EPS will seek to ensure that facility needs and costs associated with existing deficiencies in service levels are not included in the proposed fees.
EPS will then allocate the development impact fee improvement program costs to the land use categories defined in Task 2. This allocation will be based on the relative contribution of each land use type to the demand for the related Improvement Program cost category. Based upon the cost allocation, EPS will prepare a preliminary fee schedule with the total costs attributable to the projected development of each land use type. The fee for each land use will be derived by dividing
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kimley-horn.com 10 Almaden Boulevard, Suite 1250, San Jose, CA 95113 669 800 4130
nexus-based capital facility costs by the projected future development in that land use category. The resulting fee levels for each land use category are the maximum allowable development impact fee burden for each land use. EPS will summarize the maximum fees by land use for the City’s review.
Task 4: AB-602 Compliance
Components of AB-602 went into effect on January 1st, 2022, with others coming into effect on July 1st, 2022. AB-602 requires that jurisdictions identify the capital improvement projects that the updated fee revenues will support along with any changes in service standards. These issues will be addressed as part of the technical tasks for each capital improvement in the preceding tasks. The new July 1st, 2022, change requires that impact fees on new residential development are made proportional to new unit sizes or, alternatively, explains why that is not possible.
In this task, EPS will develop options for converting the average fees developed in the prior tasks into fees that vary with unit size. EPS will discuss these options with City staff, including the City Attorney (or Land Use Counsel), to determine the preferred approach(es) for the different fee categories.
Because this is a new State requirement, there is not an established best approach for developing fees in this manner so additional analysis and strategic discussion is required.
Fee and Expenses
Kimley-Horn will perform the services in the Tasks above for a total Not to Exceed Time and Materials fee of $163,9140. All permitting, application, and similar project fees will be paid directly by the Client.
Fees will be due within 30 days of your receipt of the invoice.
Additional Services
Any services not specifically provided for in the above scope will be billed as additional services and performed at our then current hourly rates.
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kimley-horn.com 10 Almaden Boulevard, Suite 1250, San Jose, CA 95113 669 800 4130
Information Provided by Client
We shall be entitled to rely on the completeness and accuracy of all information provided by the Client or the Client’s consultants or representatives. The Client shall provide all information identified in this proposal and requested by Kimley-Horn during the project.
Schedule
Kimley-Horn is prepared to begin work immediately upon receipt of the notice to proceed (NTP), and we will endeavor to meet your scheduling needs, but no more than 4 months from the date of receiving an NTP.
We appreciate the opportunity to provide these services to you. Please contact me if you have any questions.
Very truly yours,
KIMLEY-HORN AND ASSOCIATES, INC.
By: Frederik Venter P.E.
Project Manager
P.E. No.: C64621
EXHIBIT A
11 May 9, 2023 Item No. 13(b)
Honorable Mayor and Members City Council Meeting of
of the Marina City Council May 16, 2023
CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 202 3-, APPROVING
AN AGREEMENT BETWEEN THE CITY OF MARINA AND THE
TRANSPORTATION AGENCY OF MO NTEREY COUNTY (TAMC) FOR THE 2023 REGIONAL SURFACE TRANSPORTATION PROGRAM (RSTP)
ALLOCATION OF FUNDING, AND; APPROVING THE RSTP COMPETITIVE
FUNDING GRANT APPLICATION FOR THE RESERVATION ROAD & DEL
MONTE BOULEVARD OPERATIONAL & SAFETY IMPROVEMENTS
PROJECT, A ND; AUTHORIZING THE FINANC E DIRECTOR TO MA KE THE NECESSARY ACCOUNTING AND BUDGETARY ENTR IES, AND;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT 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 an agreement between the City of Marina and the Transportation Agency of Monterey County (TAMC) for the 20 23 Regional Surface Transportation Program (RSTP) allocation of funding, and;
2. Approving t he RSTP competit ive funding grant application for the Reservation Road & Del Monte Boulevard Operational & Safety Improvements Project, and;
3. Authorizing the Finance Director to make the necessary accounting and budgetary entries, and;
4. Authorizing the City Manager to execute the agreement on behalf of the City su bject to final review and approval by the City Attorney.
BACKGROUND:
The Surface Transportation Program is a federal program that provides states and local jurisdictions with funding for highway impr ovements, street rehabilitation and transportation enhancements.
TAMC receives an annual apportionment of Regional Surface Transportation Program (RSTP) funding, passed through the State. TAMC historically has distributed RSTP funding through fair- share (based on their urbanized populations ) and competitive programs, establishing funding agreements for these programs on a three-year cycle.
At the r egular meeting of March 22, 2023, the Transportation Agency for Monterey County (TAMC) adopted the Regional Surface Transportation Program 20 23 (RSTP) Guidelines an d Policies, along with allocation of RSTP fair-share funds to the City of Marina. Per the Agreement for the allocation of funding approved by the TAMC Board of Directors ( EXHIBIT “A”), Marina will receive fair-share RSTP funds of $156,625.39 for transportation projects.
TAMC adopted the Master State & Federal Funding Agreement between TAMC and Local A gencies.
In order to claim reimbursement for this funding (and other State and Federal sources that pass-through TAMC), the Master State & Fed Funding Agreement will need to be executed. This agreement replaces the previous master funding agreement, which has expired, and includes a term for another three years.
1 The City will also be submitting an application fo r the RSTP competitive funding for the Del Monte Boulevard Extension Project . Total RSTP com petitive funding available fo r this three -year cycle amounts to $9.75 Million.
ANALYSIS:
The City’s Capital Improvement P rogram (CIP) adopted budget includes $ 3 Million to implement improvements within the right -of-way for the Downt own Vitalization Plan including operational and safety upgrades to intersections.
The intersection of Reservation Road and Del Monte Boulevard is being evaluated for a new southern pedestrian crossing and sight-line improvements for vehicle movements through the intersection. The competitive RSTP application will request funding to design and construct these safety improvements at the intersection.
Applications will be submitted by June 1, 2023 with final award of RSTP competitive funds on August 23, 2023.
The $156,625.39 in fair-share RSTP funds available to Marina for transportation improvements will support the City’s local contributions to it s recently awarded Highway Safety Improvement Program (HSIP) grants for both the Imjin Pkwy & 3 rd Avenue Intersection Improvement Project and the Del Monte Blvd. and Beach Road Roundabout Safety Improvements.
All Program funds must be encumbered by the dates outlined in EXHIBIT A of the Agreement.
FISCAL IMPACT:
Should the City Council approve this request, RSTP funding will be reimbursed to the City and City funds will need to be advanced prior to reimbursement.
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 THE CITY COUNCIL OF THE CITY OF MARINA APPROVING
AN AGREEMENT BETWEEN THE CITY OF MARINA AND THE TRANSPORTATION AGENCY OF MONTEREY COUNTY (TAMC) FOR THE 2023 REGIONAL SURFACE TRANSPORTATION PROGRAM (RSTP) ALLOCATION OF FUNDING, AND;
APPROVING THE RSTP COMPETITIVE FUNDING GRANT APPLICATION FOR THE
RESERVATION ROAD & DEL MONTE BOULEVARD OPERATIONAL & SAFETY IMPROVEMENTS PROJECT, AND; AUTHORIZING THE FINANCE DIRECTOR TO MAKE THE NECESSARY ACCOUNTING AND BUDGETARY ENTRIES, AND;
AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT ON
BEHALF OF THE CITY SUBJECT TO FINAL REVIEW AND APPROVAL BY THE
CITY ATTORNEY
WHEREAS, the Surface Transportation Program is a federal program that provides states and local jurisdictions with funding for highway impr ovements, street rehabilitation and transportation enhancements. TAMC receives an annual apportionment of Regional Surface Transportation Program (RSTP) funding, passed through the State. TAMC historically has distributed RSTP funding through fair-share (based on their urbanized populations ) and competitive programs, establishing funding agreements for these programs on a three-year cycle, and;
WHEREAS, at the r egular meeting of March 2 2, 20 23, the Transportation Agency for Monterey County (TAMC) adopted the Regional Surface Transportation Program 20 23 (RSTP) Guidelines an d Policies, along with all ocation of RSTP fair-share funds to the City of Marina . Per the Agreement for the allocation of funding approved by the TAMC Board of Directors ( Exhibit “A” ), Marina will receive fair-share RSTP funds of $156,625.39 for transportation projects, and;
WHEREAS, TAMC adopted the Master State & Federal Funding Agreement between TAMC and Local Agencies. In order to claim reimbursement for this funding (and other State and Federal sources that pass through TAMC), the Master State & Fed Funding Agreement will nee d to be executed. This agreement replaces the previous master funding agreement, which has expired, and includes a term for another three years, and;
WHEREAS, the City will also be submitting an application fo r the RSTP competitive funding for the Del Monte Boulevard Extension Project . Total RSTP competitive funding available for this three-year cycle amounts to $9.75 Million, and;
WHEREAS, the City’s Capital Improvement P rogram (CIP) adopted budget includes $ 3 Million to implement improvements within t he right -of-way for the Downt own Vitalization Plan including operational and safety upgrades to intersections, and;
WHEREAS, the intersection of Reservation Road and Del Monte Boulevard is being evaluated for a new southern pedestrian crossing and sight-line improvements for vehicle movements through the intersection. The competitive RSTP application will request funding to design and construct these safety improvements at the intersection, and;
WHEREAS, applications will be submitted by June 1, 20 23 with final award of R STP competitive funds on August 23, 2023, and;
WHEREAS, the $156,625.39 in fair-share RSTP funds available to Marina for transportation improvements will support the City’s local contributions to it s recentl y awarded Highway Safety Improvement Program (HSIP) grants for both the Imjin Pkwy & 3 rd Avenue Intersection Improvement Project and the Del Monte Blvd . and Beach R oad Roundabout Safety Improvements. All Program funds must be encumbered by the dates outlined in Exhibit A of the Agreement, and; 3 Resolution No. 2023-
WHEREAS, should the City Council approve this request, RSTP funding will be reimbursed to the City and City funds will need to be advanced prior to reimbursement.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Marina does hereby:
1. Approve an agreement between the City of Marina and the Transportation Agency of Monterey County (TAMC) for the 20 23 Regional Surface Transportation Program (RSTP) allocation of funding, and;
2. Approve the RSTP comp etitive funding grant application for the Reservation Road & Del Monte Boulevard Operational & Safety Improvements Project, and;
3. Authorize the Finance Director to make the necessary accounting and budgetary entries, and;
4. Authorize the City Manager to execut e the agreement on behal f of the City subject to final review and approval by the City Attorney.
PASSED AND ADOPTED, at a regular meeting of the City Council of the City of Marina, duly held on the 16th day of May 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 AGREEMENT BETWEEN THE
TRANSPORTATION AGENCY FOR MONTEREY COUNTY
AND THE CITY OF MARINA
FOR THE ALLOCATION OF FUNDING APPROVED BY
THE TRANSPORTATION AGENCY BOARD OF DIRECTORS
This agreement is made on _____________ by and between the City of Marina, a public body, hereinafter referred to as “Recipient,” and the Transportation Agency for Monterey County, hereinafter referred to as “TAMC.”
WHEREAS, TAMC is the state-designated Regional Transportation Planning Agency for Monterey County; and
WHEREAS, as authorized by section 182.6(g) of the Streets and Highways Code, TAMC has entered into a separate agreement with the State of California, through the Department of Transportation (Caltrans), to assign a defined portion of its annual federal Surface Transportation Block Grant Program (STBGP) apportionment to Caltrans in exchange for state funds for specified fiscal year(s); and
WHEREAS, TAMC is authorized to use these exchanged funds (hereinafter referred to as “RSTP Exchange Funds”) to assist local agencies to promote projects which otherwise qualify for STBGP funds; and
WHEREAS, as authorized by Chapter 2, Title 21, Rule 6640 of the Transportation Development Act, one of the duties of TAMC is to administer the provisions of the Transportation Development Act in apportioning Local Transportation Funds (LTF) for the Transportation Development Act 2% (TDA 2%) program for bicycle and pedestrian projects pursuant to Article 3 of that law, and to the Cities, County, and Monterey-Salinas Transit; WHEREAS, as authorized by the Joint Powers Agreement for the Monterey County Regional Development Impact Fee Agency, TAMC is designated to administer and allocate regional development impact fee revenues (RDIF) to projects identified in the approved Strategic Expenditure Plan; and
WHEREAS, the TAMC Board of Directors has approved the allocation of funds toward the projects listed in Exhibit A; and
WHEREAS, it is contemplated by TAMC and the Recipient that the amount of funding and the projects designated in Exhibit A may change from time to time as set forth below; and WHEREAS, TAMC has requested the Monterey County Auditor-Controller to establish a separate fund for the Federal Apportionment Exchange Program and such a separate fund has been established.
EXHIBIT A
5 NOW, THEREFORE, in consideration of the mutual covenants contained herein, THE PARTIES HERETO AGREE AS FOLLOWS:
1. RULES FOR RSTP EXCHANGE FUNDS
A. TAMC agrees to allocate RSTP Exchange Funds paid by Caltrans under the Federal Apportionment Exchange Program only for projects as authorized under sections 133(b) and 133 (c) of Title 23, United States Code and Article XIX of the California State Constitution.
B. The Recipient agrees to use RSTP Exchange Funds only for the RSTP Exchange eligible project(s) described in Exhibit A, as approved by the TAMC Board of Directors, for the amounts awarded for each project.
2. RULES FOR TDA 2%
A. TAMC agrees to allocate TDA 2% funds under the Transportation Development Act only for projects as authorized under the Transportation Development Act Section 99234 Claims for Pedestrian and Bicycle Facilities.
B. The Recipient agrees to use TDA 2% funds only for TDA 2% eligible project(s) described in Exhibit A, as approved by the TAMC Board of Directors, for the amounts awarded for each project.
3. RULES FOR RDIF
A. TAMC agrees to allocate RDIF funds under the Joint Powers Agreement only for projects as authorized by the TAMC Board of Directors in the approved Strategic Expenditure Plan.
B. The Recipient agrees to use RDIF funds only for RDIF eligible project(s) described in Exhibit A, as approved by the TAMC Board of Directors, for the amounts awarded for each project.
EXHIBIT A
6 4. ADMINISTRATIVE POLICIES
A. The projects described in Exhibit A, and the amounts allocated therefore, may be amended from time to time without changing the rest of this Master Agreement, by means of approval by the TAMC Board of Directors of a revised Exhibit A, which shall be designated by a date and number (e.g., “Exhibit A-1 (DATE)”).
B. The Recipient agrees to submit an annual report to TAMC by April 30 describing the progress towards completion for all projects listed in Exhibit A.
C. The Recipient agrees to mention TAMC’s role in funding the project in any press releases or media events held by the Recipient to promote a funded project.
D. TAMC agrees to reimburse the Recipient within 30 days of receipt of a completed claim form (Exhibit B) from the Recipient.
E. The Recipient agrees to cause the completion of the project(s) within three years from the date funds were awarded by the TAMC Board of Directors, as recorded in Exhibit A. Failure to complete the project(s) in a timely basis shall allow TAMC to refuse reimbursement and to reprogram such funds for other purposes.
5. COST PRINCIPLES
A. Recipient agrees to comply with Office of Management and Budget Circular A-87, Cost Principles for State and Local Government, and 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirements.
B. Recipient agrees to:
(a) use Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., to determine the allowability of individual project cost items; and
(b) comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Costs Principles and Audit Requirements.
Every sub-recipient receiving funds as a contractor or sub-contractor under this AGREEMENT shall comply with Federal administrative procedures in accordance with 2 CFR, Part 200, Uniform Administrative Requirements, Costs Principles and Audit Requirements.
EXHIBIT A
7 6. THIRD PARTY CONTRACTING
A. Recipient shall not award a construction contract over $10,000 or other contracts over $25,000 on the basis of a noncompetitive negotiation for work to be performed using Funds without the prior written approval of Caltrans. This provision shall not apply to professional service contracts of the type which are required to be procured in accordance with Government Code Sections 4525 (d), (e), and (f).
B. Recipient agrees that travel and per diem reimbursements and third-party contract reimbursements to subcontractors will be allowable as project costs only after those costs are incurred and paid for by the subcontractors and only if consistent with Paragraph 10, below.
C. In addition to the above, the pre-award requirements of third party contractor/ consultants with Recipient shall be consistent with Local Program Procedures as published by Caltrans.
7. ACCOUNTING SYSTEM
Recipient, its contractors and subcontractors, shall establish and maintain an accounting system and records that properly accumulate and segregate expenditures by line item.
The accounting system of Recipient, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles (GAAP), enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment claims.
8. RIGHT TO AUDIT
For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the Agreement pursuant to Government Code 8546.7, Recipient shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the Agreement, including but not limited to, the costs of administering the Agreement. All parties shall make such materials available at their respective offices at all reasonable times during the Agreement period and for three years from the date of final payment under the Agreement. The state, State Auditor, TAMC, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of Consultant and its certified public accountants (CPA) work papers that are pertinent to the Agreement and indirect cost rates (ICR) for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. Subcontracts in excess of $25,000 shall contain this provision.
EXHIBIT A
8 9. TRAVEL AND SUBSISTENCE
Payments to Recipient for travel and subsistence expenses of Recipient forces and/or its contractors or subcontractors, claimed for reimbursement or applied as local match credit, shall not exceed rates authorized to be paid exempt non-represented State employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced are in excess of those authorized DPA rates, then Recipient is responsible for the cost difference and any overpayments shall be reimbursed to the TAMC on demand.
10. PROJECT COMPLETION
Recipient agrees to provide to the TAMC a short report summarizing total project costs and milestones, including before and after photos of the project, for each project within sixty (60) days of completion.
11. GOVERNING LAWS
This Agreement shall be construed and enforced according to the laws of the State of California, and the parties hereby agree that the County of Monterey shall be the proper venue for any dispute arising hereunder.
12. CONFLICT OF INTEREST
Recipient warrants that it presently has no interest and shall not acquire any interest during the term of this Agreement, which would directly or indirectly conflict in any manner or to any degree with its full and complete performance of all services under this Agreement.
13. CONSTRUCTION OF AGREEMENT
The parties agree that each party has fully participated in the review and revision of this Agreement and that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not apply in the interpretation of this Agreement or any exhibit or amendment. To that end, it is understood and agreed that this Agreement has been arrived at through negotiation, and that neither party is to be deemed the party which prepared this Agreement within the meaning of Civil Code Section 1654. Section and paragraph headings appearing herein are for convenience only and shall not be used to interpret the terms of this Agreement.
14. WAIVER
Any waiver of any term or condition hereof must be in writing. No such waiver shall be construed as a waiver of any other term or condition herein.
EXHIBIT A
9 15. SUCCESSORS AND ASSIGNS
This Agreement and all rights, privileges, duties and obligations hereunder, to the extent assignable or delegable, shall be binding upon and inure to the benefit of the parties and their respective successors, permitted assigns and heirs.
16. TIME IS OF THE ESSENCE
The parties mutually acknowledge and agree that time is of the essence with respect to every provision hereof in which time is an element. No extension of time for performance of any obligation or act shall be deemed an extension of time for performance of any other obligation or act, nor shall any such extension create a precedent for any further or future extension.
17. EXECUTION OF AGREEMENT
Any individual executing this Agreement on behalf of an entity represents and warrants that he or she has the requisite authority to enter into this Agreement on behalf of such entity and to bind the entity to the terms and conditions hereof. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same agreement.
18. ENTIRE AGREEMENT
This document, including all exhibits hereto, constitutes the entire agreement between the parties, and supersedes any and all prior written or oral negotiations and representations between the parties concerning all matters relating to the subject of this Agreement.
19. TERMINATION DATE
This Agreement shall remain in effect for a period of three (3) years from the date of this Agreement.
EXHIBIT A
10 IN WITNESS WHEREOF, TAMC and Recipient execute this Agreement as follows:
TRANSPORTATION AGENCY FOR MONTEREY COUNTY
_________________________________ ___________
Todd Muck Date
Executive Director
Recipient:
CITY OF MARINA
_______________________________ ___________
Layne Long, City Manager Date
Approved as to Form:
_______________________________ ___________
Robert Brayer Date
TAMC Counsel
_______________________________ ___________
City Attorney Date
City of Marina
EXHIBIT A
11 May 12, 2023 Item No. 13(c)
Honorable Mayor and Members City Council Meeting
of the Marina City Council of May 16, 2023
CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 20 23-,
AMENDING THE RATE ADJUSTMENT CALCULATION OF THE
FRANCHISE AGREEMENT WITH GREEN WASTE RECOVERY
UTILIZING A SECTOR SPECIFIC UNIFORM PERCENTAGE
ADJUSTMENT AND APPROVING MAXIMUM RATES TO BE
CHARGED BY GREENWASTE RECOVERY EFFECTIVE JULY 1, 20 23
FOR COLLECTION OF FRANCHISED SOLID WASTE, RECYCLING,
AND ORGANICS.
REQUEST:
It is requested that the City Council consider:
1. Adopting Resolution No. 20 23- amending the rate adjustment calculation of the franchise agreement with Green Waste Recovery utilizing a sector specific uniform percentage adjustment and approving maximum rates to be charged b y Gre en Waste Recovery effective July 1, 2023, for collection of franchised solid waste, recycling, and organics.
BACKGROUND:
On August 19, 2014 , the City Council adopted Resolution No. 2014 -98, and entered into a new exclusive 15 -year Franchise Agreement with Green Waste Recovery (GRW) to provide solid waste, recycling, and organics collection services for the City of Marina. The Agreement provides for automatic annual rate adjustments for GWR’s services calculated following either a multi-index rate adjustment methodology or a cost-based rate adjustment methodology.
On November 2, 20 21, the City Council adopted Resolution No. 20 21-114, approving an amendment to the Franchise Agreement with Green Waste Recovery (GRW) to incorporate changes required by Se nate B ill 1383 (SB 1383) to divert organic waste from landfills. The amended Agreement retained provisions for automatic annual rate adjustments for GWR’s services calculated following either a multi -index rate adjustment methodology or a cost -based rate adjustment methodology.
Cost-based Rate Adjustment Methodology
The cost-based adjustment involves an extensive and detailed review of GWR’s actual cost of operations, changes in inflation, the number of customers, and the service level provided and comparing t his to actual gross receipts collected to determine GWR’s compensation for the current rate period and to forecast the future rates. A cost-based rate adjustment was performed for rate period 5 in 2019 . Adjustments to the GWR compensation resulted in rate-payer surpluses of $540,298 in rate period 5, $258,203 in rate period 6, and $175,891 in rate period 7.
At the meeting on June 7, 2022, the City Council adopted Resolution No. 2022 -74, approving rate increases that were offset by applying $89,227 of the surplus generated in rate period 7 which reduced the increase from 5.82% to 3.10%. The remaining half of the surplus generated in rate period 7 was retained to offset rate increases in rate period 9 which is the staff recommendation for City Council approval.
1 At the meeting on June 7, 2022, the City Council adopted Resolution No. 2022 -75, approving an agreement between the City of Marina and HF&H Consultants, LLC (HF&H) to perform an analysis of an equitable method of crediting surplus so lid wast e col lection fees back to rate payers.
At the meeting on October 18 , 2022, the City Council adopted Resolution No. 2022 -75, approving a credit of surplus solid waste collection fees back to rate payers that paid for service in rate period 5 and rate period 6.
In accordance with the methodology developed by HF&H, GWR made on-bill credits to eligible customers in the months of January, February, and March, of 2023. The credits resulted in a distribution of $658,795 o f the $798,501 surplus generated in rate periods 5 and 6. The remaining surplus of $139,706 will be available to apply in future rate periods to limit the amount of rate increase to Marina customers.
Multi-index Rate Adjustment Methodology
Each service level rate in the Franchise Agreement rat e schedule is comprised of an oper ating component, disposal/processing component and a fee component. The annual rate adjustment consists of adjusting each of the rate components as follows:
Operating Component Factor:
• Labor Component: Labor costs from th e pri or year are adjusted by the a nnual percentage change in the Employment Cost Index (ECI)
• Fuel Component: Fuel costs from the prior year are adjusted by the actual volume of fuel purchased in the prior year and the annual percentage change in the Fuel Index • Other Component: Non labor/fuel related costs from the prior year are adjusted by the annual percentage change of the Consumer Price Index (CPI)
Disposal/Processing Component : This component is automatically adjusted as a direct pass - through based on M RWMD fees and the City’s pri or year’s tonnages by material type. The disposal and processing component(s) are based on th e difference between the City’s actual tonnage by material type and what was proposed by GWR in their initial proposal to the City .
The disposal and processing components also consider the tipping fee charged by the Monterey Regional Waste Management Distr ict (MRWMD). At their meeting on April 21 st, 20 23, the MRWMD Board of Directors considered a 5% increase on tipping fees . The public hearing on rate increases is likely to be held at the May 19th, 2023 MRWMD Board of Directors meeting.
The proposed tipping fee increase has been factored into the proposed fee increase for GWR customers.
Fee Component : This comp onent is a direct p ass t hrough of Franchise fees, calculated as a percent of the total rate by service level.
The rate adjustment for the 20 22/2023 fiscal year was conducted using a variation of the multi- index methodology which was distributed across sect ors by weighted ave rages in accordance with the methodology agreed upon in 2016 . The changes implemented in 2016 allow for a uniform percentage increase for services.
The Franchise Agreement stipulates that the City of Marina shall make a good faith effort to approve the a ccuracy of the calculated rates by June 1 of each year, and such ra tes shall be effective on each subsequent July 1. This allows noticing all customers of rate increases. If rates are not effective by July 1 due to a delay caused solely by the City of Ma rina, GWR may retroactively bill customers for the amount of the rate increase. 2 ANALYSIS:
GWR provided the City with the annual rate adjustment calculation on March 31, 2023 . “Exhibit A” is an executive summary from HF&H reporting the finding that the application for the annual rate adjustment by GWR is consistent with the approved methodology.
Applying half, or $89,227 of the rate period 7 surplus reduce d the rate pe riod 8 rate increase from 5.82% to 3.10%. Staff is recommending that the remaining $89 ,227 surplus from rate period 7 be applied to rate period 9 which reduces the rate increase from 5.01% to 2.38%. The corresponding rates are attached as “Exhibit B.”
Staff is recommending the sector-based adjustment be used for calculating rates for 2022/2023 in keeping with the methodology approved in 2016.
FISCAL IMPACT:
The FY2022/2023 proposed rate adjustment woul d have no effect on City expenses, as this is a cost to the rate payers. The Franchise Agreement has a 15% franchise fee of gross receipts. Any rate increase provides a corresponding increase in franchise fee revenue to the City.
CONCLUSION:
This request is submitted for City Council consideration and possible action.
Respectfully submitted,
____________________________
Brian McMinn, P.E., P.L.S.
Public Works Director/City Engineer
City of Marina
REVIEWED/CONCUR:
____________________________
Layne Long
City Manager
City of Marina
Exhibit A – Summary of HF&H’s review of GWR’s 2023/24 rate request Exhibit B – Proposed 2023/24 GWR rates
3 RESOLUTION NO. 2023-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA AMENDING THE
RATE ADJUSTMENT CALCULATION OF THE FRANCHISE AGREEMENT WITH
GREEN WASTE RECOVERY UTILIZING A SECTOR SPECIFIC UNIFORM
PERCENTAGE ADJUSTMENT AND APPROVING MAXIMUM RATES TO BE CHARGED BY GREENWASTE RECOVERY EFFECTIVE JULY 1, 2023 FOR COLLECTION OF FRANCHISED SOLID WASTE, RECYCLING, AND ORGANICS.
WHEREAS, the City of Marina entered into a franchise agreement with GreenWaste Recovery (GWR) on August 19, 2014 for solid waste, recycling, and organics collection services for the period of August 1, 2015 through July 31, 2030, and;
WHEREAS, Section 8. 2 of the Franchise Agreement describes the process for an automatic annual adjustment to maximum customer rates on July 1 of each year, based on agreed upon cost indices, changes in tipping fees as the Monterey Regiona l Waste Management District, and the actual tonnage for materials collected by GWR, and;
WHEREAS, on November 2, 2021, the City Council adopted Resolution No. 2 021-114, approving an amendment to the Franchise Agreement with Green Waste Recovery (GRW) to incorporate c hanges required by Senate Bill 1383 (SB 1383) to divert organic waste from landfills. The amended Agreement retained provisions for automatic annual rate adjustments for GWR’s services calculated following either a multi-index rate adjustment methodology or a cost- based rate adjustment methodology, and;
WHEREAS, a cost-based rate adjustment was performed for rate period 5 in 2019. Adjustments to the GreenWaste compensation resulted in rate -payer surpluses of $540,298 in rate period 5, $258,203 in rate period 6, and $175,891 in rate period 7, and;
WHEREAS, at the meeting on June 7, 2022, the City Council adopted Resolution No. 2022 -74, approving rate increases that were offset by app lying $89,227 of the surplus generated in rate period 7 which reduced the increase from 5.82% to 3.10%. The remaining half of the surplus generated in rate period 7 was retained to offset rate increases in rate period 9, and;
WHEREAS, $89,227 of the rate period 7 surplus was applied to reduce the rate period 8 rate increase from 5.82% to 3.10%, and;
WHEREAS, at the meeting on October 18, 2022, the City Council adopted Resolution No. 2022- 75, approving a credit of surplu s sol id waste collection fees back to rate payers that paid for service in rate period 5 and rate period 6, and;
WHEREAS, GWR made on-bill credits to eligible customers in the months of January, February, and March, of 2023. The credits resulted in a distribution of $658,795 of the $798,501 surplus generated in rate periods 5 and 6. The remaining surplus of $139,706 will be available to apply in future rate periods to limit the amount of rate increase to Marina customers; and;
WHEREAS, City staff and third party consultant, HF&H, have reviewed GWR’s calculation of the rate adjust ments for FY 2022/2023 and finds the calculations to be accurate and consistent with the methodology and requirements of the franchise agreement, and;
4 Resolution No. 2023-,
Page Two
WHEREAS, s taff is recommending that the remaining $89,227 surplus from rate period 7 be applied to rate period 9 which reduces the rate increase from 5.01% to 2.38%.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Marina here by resolves to approve the rates in Exhibit B that incorporate a 2.38% increase to all single family residential maximum rates authorized to be charged by GWR under the Franchise A greement, effective July 1, 2023.
PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 16th day of May 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 Managing Tomorrow’s Resources Today
590 Ygnacio Valley Road, Suite 105 Robert D. Hilton, Emeritus Walnut Creek, California 94596 John W. Farnkopf, PE
Telephone: 925/977-6950 Laith B. Ezzet, CMC
Fax: 925/977-6955 Richard J. Simonson
www.hfh-consultants.com Marva M. Sheehan, CPA
Robert C. Hilton
May 11, 2023
Mr. Brian McMinn
Public Works Director
City of Marina
Sent via E-mail
Subject: Review of GreenWaste Recovery’s 2023-24 Rate Request – Draft Report Dear Mr. McMinn:
HF&H Consultants, LLC (HF&H) was retained by the Monterey Regional Waste Management District (District) to assist with a review of GreenWaste Recovery’s (GWR) request for an adjustment to customer rates, effective July 1, 2023, submitted to the City of Marina (City) on April 1, 2023. This report presents our findings and recommendations.
EXECUTIVE SUMMARY
HF&H’s review of GWR’s Rate Period 9 (RP9) rate request to the City and subsequent negotiations with GWR resulted in the following outcomes:
1. A 3.10% (the result of a $ shortfall) to rates as calculated for RP9. City Staff has recommended using the remaining RP7 surplus to smooth rates from a 5.01% increase to a 2.38%. Refer to Figure 1 for the impact to sample residential rates.
Figure 1 – Example Rate Impact of Adjustment
Current Rates
(RP8) RP9
Adjustment 2.38%
Residential 32-
gallon rate 17.05$ 17.46$
Residential 64-
gallon rate 21.38$ 21.89$
Marina Rate Adjustment
EXHIBIT A
6 Managing Tomorrow’s Resources Today
Mr. Brian McMinn
May 11, 2023
BACKGROUND
In 2012, the City, participating with other members of the District, issued a competitive request for proposals for collection services and entered into the new Agreement with GWR effective July 1, 2015.
The Agreement provides for the following, related to the adjustment of rates:
• Rates are annually adjusted throughout the term of the Agreement, using various inflationary indices, actual tonnage, and changes in the tipping fees at the District, unless either the City or GWR request a Cost Based Rate Adjustment (CBRA).
• The City and GWR may mutually agree upon alternative approaches to structuring rates without amendment to the Agreement (Section 8.2.D).
• During the CBRA review in RP5, a number of issues surrounding the process for setting rates and the resulting rate relationships amongst sectors and materials was identified. As such the City and GWR have negotiated an amendment to the prescribed methodology for the CBRA and index adjustments so as to not alter rate relationships between service sectors and material types. • Through negotiations of the amendment and as a result of the desire to maintain current rate relationships between sectors and service levels, the City and GWR have prescribed a uniform rate adjustment to be applied to all sectors.
RATE CALCULATION REVIEW
HF&H Scope of Work
HF&H performed this review of the rate request in accordance with Exhibit E1 (for the index based rate adjustment). These procedures included:
1. Review of th e rate request for completeness and compliance with the procedures contained in Exhibit E1 of the Agreement.
2. Review for mathematical accuracy and logical consistency to determine that the rate request is mathematically correct, that the rows and columns of numbers add down and across as intended, and that the stated assumptions were, in fact, used. Also, to determine that the rate request is internally consistent and that any summary schedules agree to the supporting schedules and worksheets.
3. Verification of the inclusion of the franchise fee calculation in the adjustment.
4. Verification of contract compliance with regard to:
A. The indices used in the adjustment.
B. The tip fees reported for the disposal/processing components of the rates.
C. The use of quarterly-reported tonnage data and allocations among agencies. A detailed audit of tonnage and allocations of tonnage reported by GWR was not a part of this scope of work.
HF&H discussed GWR’s allocation methodology with them and the methodology ap pears reasonable and consistent with standard practices within the industry.
EXHIBIT A
7 Managing Tomorrow’s Resources Today
Mr. Brian McMinn
May 11, 2023
D. Any changes in governmental fees on the fee component of the rates; and, the accurate application of the resultant percentage changes in the various rate components to the rate schedule approved by the City through the Agreement.
E. The addition of anticipated costs related to identified program changes resulting from SB 1383.
Review of Rate Request
Rate Period 9 Application
HF&H reviewed the rate application for RP 9. The resu lts of the calculation of RP 9 per methodology of Exhibit E1 of the amendment can be seen in Figure 1 below. There is a correction for RP8’s total calculated costs that which did not include the “other adjustments” in the Franchise Fee Calculation. This adjustment increases RP9’s total calculated costs by $5,280, which has been added as a one-time adjustment.
Figure 1 – City of Marina Application of Index Based Adjustments to RP9 (following page)
EXHIBIT A
8 Managing Tomorrow’s Resources Today
Mr. Brian McMinn
May 11, 2023
Rate Period
Eight
Adjustment
Factor
Rate Period
Nine
Annual Cost of Operations
Labor-Related Costs 580,270$ 1.058 613,926$ Vehicle-Related Costs 127,358$ 1.056 134,490$ Fuel Costs 105,158$ 1 105,158$
Other Costs 352,447$ 1.056 372,184$
Direct Depreciation 221,602$ N.A. 221,602$
Total Allocated Costs - Labor, Vehicle, Fuel & Other 692,490$ 1.056 731,269$ Total Allocated Costs - Depreciation & Start-Up 48,832$ N.A. 48,832$ Total Annual Cost of Operations 2,128,156$ 2,227,461$ Profit 254,997$ OR=89.3 266,896$
Pass-Through Costs
Disposal Costs 692,258$ Tons*Tip Fee 681,479 $ Curbside Supplemental (6,198)$ 1.00 (6,198)$ Recycling Processing Costs 114,363$ Tons*Tip Fee 104,475 $ Residue Processing Costs 37,234$ Tons*Tip Fee 38,656 $ Yard Trimmings Processing Costs 56,111$ Tons*Tip Fee 63,642 $ Food Waste Processing Costs 16,512$ Tons*Tip Fee 15,102 $ C&D Processing Costs 742$ Tons*Tip Fee - $ Interest Expense 65,512$ N.A. 65,512$
Total Allocated Costs - Lease 50,221$ N.A. 50,221$ Total Pass-Through Costs 1,026,756$ N.A. 1,012,888$ Total Costs before Agency Fees 3,409,909$ N.A. 3,507,245$ Agency Fees/Payments
Franchise Fee 398,644$ 10.00% 407,574$
Administrative Fee 0.00% - $
AB 939/341 Fee 0.00% - $
HHW Fee 0.00% - $
Vehicle Impact Fee 199,322$ 5.00% 203,787$
Litter Abatement Fee 0.00% - $
Rate Application Review Costs 37,880$ Actual 48,261$ Other Adjustments (as needed from time to time)
Use of Reserves (89,227)$ N.A. (89,227)$
Surplus Credit Review 29,910$ N.A.
Adjustment From PY Calculation 5,280$
Adjustment from MRWMD Tip Fee Estimates (7,181)$
Total Calculated Costs 3,986,438$ 4,075,739$
Prior Year Revenue 3,981,158$
Surplus/(Shortfall) (94,581)$
Increase/Decrease 2.38%
EXHIBIT A
9 Managing Tomorrow’s Resources Today
Mr. Brian McMinn
May 11, 2023
Review of GWR Costs
There are four major components to GWR’s rate application : 1) calculation and application of the inflationary indexes as prescribed in the Agreement; 2) the disposal and/or processing component; 3) the Agency Fees; and, 4) other one-time adjustments.
There are three indexes used in the index adjustment; CPI, fuel index, and labor index. The annual percent change in each of the indices is used to calculate the coming years projected cost for the line items to which these indexes are applied.
HF&H has reviewed and GWR has confirmed the accuracy of each of these indexes, and notes that the fuel index remains unchanged, as reported by management staff at the District.
Review of Disposal/Processing Component
Calendar Year 2022 collected tons were used for the RP9 review in accordance with the amendment. The disposal and processing components also consider the tipping fees charged by the District in order to project anticipated disposal and processing costs at the District. The following table describes the changes in the City’s disposal and processing costs for each material type based on the tip fees at the District which have been incorporated into our RP9 review.
Figure 2 - Impact of District Tip Fee Changes
Review of Fee Component
HF&H ensured that the fee component of each rate matches the contract ual percentage of 10% for franchise fees, and 5% for vehicle impact fees, remitted to the City by GWR.
Additionally, rate application review costs and other identified District costs totaling $48,261 were added as a one-time adjustment to cover the rate re view, franchise management, and other identified District costs such as staff time and public education and outreach.
Review of Other One-Time Adjustments
There was a change between actual tip fees and the anticipated amount set forth in RP8 rates with regard to the Recycling per ton tip fee. The reconciliation of this amount resulted in a credit of $7 ,181 to be included as a one time adjustment.
Material 2022
Tons
Current Per Ton
Tip Fee
Rate Period 9
Costs
A B A x B
Solid Waste 9,209 74.00$ 681,479$ Recycling 2,612 40.00$ 104,475$ Yard Trimmings 1,354 47.00$ 63,642$ Food Waste 236 64.00$ 15,102$ C&D* - 74.00$ - $
*The C&D per ton tip fee reflects an average weighted cost for multiple types of C&D materials.
EXHIBIT A
10 Managing Tomorrow’s Resources Today
Mr. Brian McMinn
May 11, 2023
Rate Changes
Rate Smoothing
Upon completion of the review of the index-based rate adjustment, HF&H identified the surplus from prior years could be used to offset or smooth rates. As such HF&H discussed with City staff how best to use the funds in RP 9. Ultimately it was recommended to use the remaining half of the RP7 surplus amounting to $89,227 to smooth rates in RP9. With this direction, $89,227 of reserves was used to reduce the RP9 rate increase of 5.01% to 2.38%.
* * * * *
We would like to express our appreciation to GWR staff for their assistance and cooperation in this process. Should you have any questions, please call me at (925) 977-6959 or rchilton@hfh- consultants.com.
Very truly yours,
HF&H CONSULTANTS, LLC
Rob Hilton
President
EXHIBIT A
11 EXHIBIT B
City of Marina Rates Effective July 2023
Service Level
Curbside 32 Gallon
Curbside 64 Gallon
Curbside 96 Gallon
Low Income
Notes:
See Exhibit B1 for specific service availability
Service Level 1x/week 2x/week 3x/week 4x/week 5x/week 6x/week 32-Gallon Cart $18.83 $38.40 $57.61 $76.80 $96.02 $115.21 64-Gallon Cart $36.11 $73.65 $110.47 $147.29 $184.12 $220.94 96-Gallon Cart $46.54 $94.93 $142.38 $189.85 $237.32 $284.78 1-Cubic Yard Bin $100.92 $205.88 $308.83 $411.76 $514.70 $617.63 2-Cubic Yard Bin $200.79 $409.62 $614.42 $826.77 $1,024.03 $1,228.84 3-Cubic Yard Bin $301.61 $615.28 $922.92 $1,230.56 $1,538.20 $1,845.84 4-Cubic Yard Bin $402.04 $820.16 $1,230.25 $1,640.34 $2,050.42 $2,460.50 6-Cubic Yard Bin $474.95 $968.90 $1,453.37 $1,937.82 $2,422.27 $2,906.71 8-Cubic Yard Bin $633.30 $1,291.93 $1,937.89 $2,583.86 $3,229.83 $3,875.79 2-Cubic Yard Compactor $244.84 $497.70 $746.55 n/a n/a n/a 3-Cubic Yard Compactor $367.67 $747.41 $1,121.12 n/a n/a n/a 4-Cubic Yard Compactor $490.13 $996.35 $1,494.51 n/a n/a n/a Service Level 1x/week 2x/week 3x/week 4x/week 5x/week 6x/week 64-Gallon Cart $5.42 $6.98 $14.24 $21.37 $28.47 $33.14
96-Gallon Cart $6.98 $14.24 $21.37 $28.47 $35.60 $42.71 1-Cubic Yard Bin $15.13 $30.88 $46.33 $61.76 $77.20 $92.64 2-Cubic Yard Bin $30.12 $61.45 $92.17 $124.01 $153.60 $184.33 3-Cubic Yard Bin $45.24 $92.29 $138.44 $184.58 $230.73 $276.88 4-Cubic Yard Bin $60.30 $123.02 $184.54 $246.06 $307.56 $369.07 6-Cubic Yard Bin $71.24 $145.33 $218.00 $290.68 $363.34 $436.01 8-Cubic Yard Bin $94.99 $193.79 $290.69 $387.58 $484.48 $581.37 2-Cubic Yard Compactor $24.38 $49.96 $74.95 n/a n/a n/a 3-Cubic Yard Compactor $36.63 $75.06 $112.61 n/a n/a n/a 4-Cubic Yard Compactor $48.82 $100.06 $150.09 n/a n/a n/a Service Level 1x/week 2x/week 3x/week 4x/week 5x/week 6x/week 64-Gallon Cart $27.08 $55.23 $82.85 $110.47 $138.08 $165.70 96-Gallon Cart $34.90 $71.20 $106.79 $142.38 $177.99 $213.59 1-Cubic Yard Bin $75.69 $154.41 $231.61 $308.83 $386.02 $463.22 2-Cubic Yard Bin $150.58 $307.22 $460.81 $620.06 $768.02 $921.64 Residential Solid Waste Collection Rates
Solid Waste Recycling Organics
$17.46 Included Included
$21.89 Included Included
$24.86 Included Included
$14.97 Included Included
Commercial/Multi-Family Solid Waste Collection Rates
Frequency
Commercial/Multi-Family Recycling Collection Rates
Frequency
Commercial/Multi-Family Food Waste Collection Rates
Frequency
12 EXHIBIT B
City of Marina Rates Effective July 2023
Service Level 1x/week 2x/week 3x/week 4x/week 5x/week 6x/week 64-Gallon Cart $27.08 $55.23 $82.85 $110.47 $138.08 $165.70 96-Gallon Cart $34.90 $71.20 $106.79 $142.38 $177.99 $213.59 1-Cubic Yard Bin $75.69 $154.41 $231.61 $308.83 $386.02 $463.22 2-Cubic Yard Bin $150.58 $307.22 $460.81 $620.06 $768.02 $921.64 3-Cubic Yard Bin $226.21 $461.46 $692.19 $922.92 $1,153.65 $1,384.38 4-Cubic Yard Bin $301.53 $615.12 $922.69 $1,230.25 $1,537.82 $1,845.37 6-Cubic Yard Bin $356.22 $726.68 $1,090.03 $1,453.37 $1,816.71 $2,180.04 8-Cubic Yard Bin $474.97 $968.95 $1,453.42 $1,937.90 $2,422.37 $2,906.85 Service Level MSW REC FW YT C&D
10 YD $302.88 $226.87 $226.87 $226.87 $302.88
20 YD $436.40 $226.87 $226.87 $226.87 $436.40
30 YD $569.94 $226.87 $226.87 $226.87 $569.94
40 YD $703.46 $226.87 $226.87 $226.87 $703.46
Per Ton $87.06 $47.06 $75.29 $55.29 $87.06
Service Sector Charge Per Event
Cart Rental - All Sizes RES
Cart Replacement RES
Re-Delivery or Re-Start RES
Cart Cleaning RES
Non-Scheduled Collection RES
Difficult to Service Cart COM
Difficult to Service Bin COM
Locking Bin COM
Cart Replacement COM
Cart Cleaning COM
Bin Swap- Cleaning or Repainting COM
Bulky - Recycllabe RES/COM
Bulky - Non Recyclable RES/COM
Bulky - Event RES/MFD
Covered Box RO
Driver Time per Hour RO
Dry Run or Relocation RO
Extra Days RO
*Note:All rates charged monthly unless stated otherwise Commercial/Multi-Family Yard Trimmings Collection Rates Frequency
Additional Service Rates
$3.46
$69.13
$28.81
$69.13
$28.81
$28.81
$21.89
$86.42
$28.81
Roll-Off Collection Rates (Per Pull)
Material
$86.42
$23.04
$28.81
$34.56
$86.42
$126.74
$1.16
$3.46
$57.61
13 May 11, 2023 Item No. 13(d)
Honorable Mayor and Members City Council Meeting
of the Marina City Council of May 16, 2023
CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2023-,
ESTABLISHING A CAPITAL INVESTMENT INCENTIVE PROGRAM
(CIIP) FOR A POTENTIAL FUTURE COMMUNITY SERVICES
AGREEMENT BETWEEN THE CITY OF MARINA AND JOBY
AVIATION.
REQUEST:
It is recommended that the City Council consider:
1. Consider adopting Resolution No. 2023-, establishing a Capital Investment Incentive Program (CIIP) for a potential future Community Services Agreement between the City of Marina and Joby Aviation.
BACKGROUND:
With the elimination of both redevelopment and enterprise zones, cities in California are trying to find ways to assist businesses wishing to locate or expand in their communities. With this in mind, the State of California has established the Capital Investment Incentive Program (CIIP), which allows companies that meet certain criteria to be eligible to receive some assistance with their property tax. The eligible companies must be in manufacturing, aerospace, or alternative energy production.
The CIIP establishes a property tax base that must be achieved before any subsidy can be considered. The property tax base established in the CIIP is the sum of the existing property tax base, plus the ad valorem value of the next $150 million in investment. The CIIP provides for sharing of property tax above the base at 75 percent to the property owner and 25 percent to the City over a period of 15 years.
Any city or county seeking to offer assistance under the CIIP must first adopt a Resolution by its governing body authorizing its staff to work with the State of California in participating in the CIIP and offering this incentive to qualified businesses. Companies seeking assistance under the CIIP must make a written request to the City, provide a detailed description of the investment being contemplated, and specify the number and types of jobs being created. The City and the potential company enter a Community Services Agreement detailing the terms and conditions of the CIIP.
ANALYSIS:
Joby Aviation has requested assistance under the CIIP and intends to implement a major expansion to its facilities at the Marina Municipal Airport. This is estimated to include construction of a new 580,000 square foot building for the manufacturing and assembly of their electric vertical take-off and landing aircraft (eVTOL). The investments in real and business personal property necessary for the full and normal construction and operation of the facility is an estimated $700 million. The property on which this facility and improvements will be built is at the Marina Municipal Airport.
If approved, CIIP payments will be made over 15 consecutive fiscal years, commencing in the fiscal year after the building is certified for occupancy or, if no certification is issued, the first fiscal year after the date that Joby Aviation commences operation in the building. Prior to making CIIP payments, Joby Aviation shall have invested at least $150 million in real and personal property for the full and normal operation of the facility. 1 This investment will provide new property tax revenue to the City. Under the CIIP, the City would pay to Joby 75 percent of the property taxes above the base and attributable to Joby’s investment for the next 15 years. The amount of the property tax revenue generated by the new development must be reduced by the hierarchy of payments required by the Redevelopment Dissolution Act, which includes pass-through payments to the affected taxing entities before the remaining property tax revenue, known as residual revenue, can be distributed to the affected taxing agencies, including the City.
If a total of $700 million is invested into the property, the City will continue to receive its current allocation of property tax, plus the City’s portion of the ad valorem value of the next $150 million in investment (the Base) before property tax will be subject to incentive payments. Joby’s incentive payment, which is 75 percent of the net property tax received above the Base for a period of 15 years, is estimated to be $6 million. The City would receive the remaining 25 percent for a period of 15 years, which is estimated at $2 million, in addition to the Base. The City’s total property tax revenues for the 15-year period, including from the Base, is estimated at $4 million.
At the end of the 15-year period, the incentive payments would terminate and the City would receive its entire allocation of property tax.
Monterey County Board of Supervisors has also indicated an interest to participate in the CIIP with Joby Aviation similar to the City of Marina.
To implement the CIIP, the City and Joby Aviation must enter a Community Services Agreement.
This Agreement includes a Job Creation Plan (Plan). Joby has projected is a total of 1,824 employees. Jobs created will generally be managers, analysts, engineers, software developers, technicians, assemblers, machinists, maintenance, inspectors and testors.
The City Manager will notify the Governor’s Office of Business and Community Development upon the establishment of the CIIP.
Additionally, Joby Aviation has requested that the City consider an Enhanced Infrastructure Financing District (EIFD). This is another tool similar to the CIIP, however, it has more flexibility and can extend for up to 45 years. EIFD’s are more complex to implement and require financing plans to analyze the impacts.
FISCAL IMPACT
This action may result in increased residual property tax revenues to the City, totaling up to an estimated $4 million over 15 years.
Including off-site jobs within the City of Marina supported by Joby business and employee spending, the project is estimated to generate a total of 480 jobs with a combined $56 million in annual employee payroll.
A total of approximately $300 million per year in economic output for the City of Marina economy is projected to be generated.
CONCLUSION:
This request is submitted for City Council consideration and approval.
Respectfully submitted,
_______________________
Layne Long
City Manager
City of Marina
2 RESOLUTION NO. 2023-
A RESOLUTION OF CITY COUNCIL OF THE CITY OF MARINA AUTHORIZING STAFF
TO ESTABLISH A CAPITAL INVESTMENT INCENTIVE PROGRAM
WHEREAS, with the elimination of both redevelopment and enterprise zones, cities in California are trying to find ways to assist businesses looking to either locate to or expand in their communities; and
WHEREAS, the State of California has established the Capital Investment Incentive Program (“CIIP”); and
WHEREAS, the CIIP provides an opportunity to companies meeting State mandated criteria to receive some assistant with their property tax; and
WHEREAS, the potential companies that could take advantage of the CIIP include manufacturing, aerospace, and alternative energy producing companies; and
WHEREAS, the CIIP requires that companies looking to receive any assistance under its guidelines provide a written request to the City of Marina, including but not limited to, a detailed outline of investment being contemplated and the number of jobs to be created; and
WHEREAS, the CIIP requires any city looking to offer this incentive first adopt a resolution of its governing body authorizing its staff to work with the State of California to offer the incentive to qualified businesses;
NOW THEREFORE, the City Council of the City of Marina resolves as follows:
Section 1. The City of Marina hereby elects to establish a Capital Investment Incentive Program subject to and in accordance with the CIIP Code.
Section 2. The City Manager, or designee, shall notify the Governor’s Office of Business and Economic Development of the City Council’s adoption of this resolution.
Section 3. The City Manager, or designee, shall cooperate with the State of California to market the City’s participation in the CIIP program.
Section 4. No approval of any incentive under the CIIP Program is implied by the adoption of this resolution.
Section 5. This resolution shall take effect immediately upon its adoption by the City Council, and the City Clerk shall certify the vote adopting this resolution.
PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 16th day of May 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
3 May 16, 2023 Item No. 13(e)
Honorable Mayor and Members City Council Meeting
Of the Marina City Council of May 16, 2023
CITY COUNCIL TO CONSIDE R ADOPTING RESOLUTION NO. 2023 -,
APPROVING A MEMORANDUM OF UNDERSTANDING FOR SISTER CITY AGREEMENTS BETWEEN CITY OF MARINA AND IZUNOKUNI, JAPAN;
AND APPROVE MEMORANDUM OF UNDERSTANDING FOR SISTER CITY
AGREEMENT BETWEEN CITY OF MARINA AND NAMWON, SOUTH
KOREA.
REQUEST:
It is requested that the City Council:
1. Receive presentation to consider establishing a Sister City program policy; and
2. Approve Memorandum of Understanding for Sister City agreement between City of Marina and Izunokuni, Japan; and
3. Approve Memorandum of Understanding for Sister City agreement between City of Marina and Namwon, South Korea.
4. Authorizing the Mayor to execute th e Memorandum of Understandings upon final review and approval by the City Attorney.
BACKGROUND:
In 2022, Councilmember Biala was contacted by interested parties from Izunokuni, Japan and Namwon, South Korea, seeking to establish a Sister City relationship. This item is an informational presentation exploring the Sister Cities program and provide directions on adopting a Sister City policy and Memorandum of Understanding.
ANALYSIS:
Establishing an official Sister City relationship between the City of Marina and a participating city in another country will help foster ties by developing long-term civic and people-to-people linkages while also promoting the exchange of cultural, educational, economic, and social information with international communities that have interests and characteristics similar to Marina’s.
Sister Cities:
A Sister City is a broad-based, long-term partnership between two communities from two countries. A relationship is officially recognized after both communities sign off on an agreement to become Sister Cities. A city can have any number of Sister City relationships, with community involvement ranging from volunteers and representatives from municipal governments , civic, and nonprofit organizations.
Each Sister City organization is independent and can pursue activities and areas important to both communities, including municipal, business, trade, educational, cultural exchanges, and projects with their Sister City.
Several cities from the Monterey Bay and Bay Area regions participate in Sister Cities International , Inc. (“SCI”), a nonpartisan 501(c)(3) nonprofit organization which serves as the national membership organization for Sister City programs in nearly 500 communities , with relationships in over 2,000 communities and more than 140 countries. The mission of the program is to provide members support in promoting citizen diplomacy and exchanges focused on arts and culture, youth and education, business and trade, and community development. Participating Cities may have multip le Sister City 1 affiliations within the same country. (An example of this would be Sister City relationships between the City of Salinas and the cities of Jerecuaro and Guanajuato, Mexico.) Among the benefits of joining SCI are participation in networking opportunities with other SCI municipal professionals and political leaders, eligibility for innovative grant programs ranging from youth exchange to municipal training, access to the SCI affiliations database , and SCI guidance a nd support during the affiliation process. It should be noted affiliation with SCI does not necessarily mean a formal adoption of policy; the City of Salinas Library and Community Services department , for example, in lieu of having a formal policy , coordinates with the Sister City if requested by their City Council to approve corresponding interest and resolution.
The oversight over Sister City relationships by the City is dependent on staffing resources, with some Cities either forming Committees specific to maintaining Sister City youth exchange programs (often under the purview of their respective Recreation departments , as done by the City of Santa Cruz ), or a liaison simply to coordinate visits between Sister City delegations (typically under the City Manager, City Clerk, Economic Development, or Recreation offices).
It is not uncommon for municipalities to have their own Sister City Association unaffiliated with SCI; for example, the City of Morgan Hill has a volunteer nonprofit organization modeled after SCI, with each having their own policies and guidelines . SCI does provide a guide on the process for each community in establishing a Sister City partnership.
Friendship Cities:
An alternative to formal Sister City relationships are Friendship City relationships, which are broadly defined as shorter-term and less formal agreements between two cities and often serve as the first stage in establishing a Sister City relationship. While not as common in local jurisdictions, Friendship Cities may be advantageous in developing initial ties with broader selection criteria while still accomplishing cultural and economic exchange.
Memorandum of Understanding and Policy:
Each participating municipality with Sister City and /or Friendship City relationships has their own Council-adopted policy (or lack of a formal one) for facilitating the program or adopting a memorandum of understanding between either the City a nd a local volunteer organization (primarily responsible in facilitating travel arrangements, delegation tours, gifting, etc.), or another Sister City.
If approved by Council, an initial draft for preliminary Council review will be prepared based on adopted Sister City program policies of local and regional jurisdictions that will also match the criteria requested by Council for Marina. Example policies from the Cities of Seaside, Santa Cruz, Watsonville, Mountain View, and Cupertino are included under (“EXHIBIT A”). If and when a Sister Cities policy is adopted, the Council may approve a formation of a Sister City relationship with the cities of Izunokuni, Japan, and Namwon, South Korea.
FISCAL IMPACT:
Membership cost to Sister Cities International, Inc. is $440.00 per year (for a community population between 10,000 – 25,000). Fiscal impacts are contingent on City Council’s determination that City officials and/or their designees pay for their travel costs through private resources and that activities can be coordinated by residents with little to no City staff time , or if future costs are to be established and allocated along with the Sister City program policy guidelines.
CONCLUSION:
Establishing a Sister City program will provide the City of Marina opportunities for residents in both participating cities to learn about and experience other cultures through the exchange of cultural, educational, economic, and social information . The success of implementing such a program will depend on the mutual efforts of all parties (be it dedicated staffing or offsetting to local volunteer 2 organization) to foster communication and understanding among residents of different nations and cultures to maintain connections for many years.
Respectfully submitted,
____________________________
Cyrah Caburian
Executive Assistant
City of Marina
REVIEWED/CONCUR:
_____________________________
Layne P. Long
City Manager
City of Marina
A – Sister City policies for Cities of Seaside, Santa Cruz, Watsonville, Mountain View, and Cupertino B – Draft Sister Cities policy
C – Draft Memorandum of Understanding
3 RESOLUTION NO. 2023-
A RESOLUTION OF CITY COUNCIL OF THE CITY OF MARINA APPROVING A
MEMORANDUM OF UNDERSTANDING ESTABLISHING SISTER CITY RELATIONSHIPS
WITH IZUNOKUNI, JAPAN AND NAMWON, SOUTH KOREA
WHEREAS, the City of Marina recognizes the value in fostering relationships with cities throu ghout the world in order to promote peace and prosperity in a global society; and
WHEREAS, the Cities of Izunokuni, Japan, Namwon, South Korea, and Marina, California share cultural and economic commonalities manifested in their cultural heritage and economic industries; and
WHEREAS, the Cities of Izunokuni, Japan and Namwon, South Korea approved a proposed Sister City relationship with the City of Marina,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Marina approves the following:
1. The establishments of a formal Sister City relationships with Izunokuni, Japan and Namwon, South Korea in order to promote mutually beneficial cultural, educational, and social interests, and economic growth.
2. This relationship will be primarily organized b y (resident group or association) and will pursue a meaningful program with the participating Cities.
3. Authorizing the Mayor to execute the Memorandum of Understandings upon final review and approval by the City Attorney.
PASSED AND ADOPTED by the Marin a City Council at a regular meeting duly held on the 16th day of May, 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 Adopted: 7/1/2021
City of Seaside
Sister City Program
Definition
Sister City: A Sister City is an official relationship established between the City of Seaside and a city in another country to develop long-term civic and people-to-people linkages and promote the exchange of cultural, educational, economic and social information with international communities that have interests and characteristics similar to the City of Seaside.
Purpose
Sister City relationships are most effective when interested residents in the community work with interested residents in another city to promote communication and understanding among people of different nations and cultures, and when identifiable resident groups or associations can maintain connections over many years despite changes of involved residents.
The City of Seaside is committed to promoting Sister City relationships between the City and its Sister Cities by hosting Sister City delegations, interns and other visitors; promoting international understanding as a member of Sister City International, the non-profit membership organization which registers and coordinates Sister City linkages between communities in the U.S. and cities worldwide; and advancing educational, cultural, and artistic awareness.
The City of Seaside has established the following guidelines for the Sister City Program.
Sister City Selection
Proposal/Approval Procedures:
A Sister City proposal will require recommendation by a member of the City Council.
Establishing a Sister City relationship requires approval by the City Council, a signed formal agreement between the City Manager and the top official of the proposed Sister City, and recognition by Sister Cities International.
The City of Seaside will evaluate proposals for a new Sister City affiliation and Council approval based on the following criteria:
Compatibility of the proposed sister city with regard to population, colleges and universities, arts and culture institutions, community organizations, economic base, and opportunities to develop economic and tourism linkages.
Opportunity for mutually beneficial cultural and educational exchanges and program activities between community-based organizations.
EXHIBIT A
5 Adopted: 7/1/2021
Demonstrated interest and commitment by a broad-based Seaside community group to develop cultural, education and community exchanges; and to raise funds to ensure long-term program support.
A civic or official group must also be organized in the prospective city with the intent to plan and develop ongoing sister city programs with the Seaside community group.
The municipal government of the proposed city must demonstrate support for establishing and developing a sister city affiliation with Seaside.
Establishing a new Sister City affiliation will be dependent on the availability of City staff and other public resources that will be necessary to help develop and sustain a successful city-to-city relationship.
Recognizing that successful Sister City relationships require extensive community and government support, a proposed Sister City should not have an existing relationship with another U.S. city. If the proposed city has one or more Sister City relationships with U.S. cities, it must be demonstrated that the proposed Sister City has extensive community interest to support a long-term sister city relationship with Seaside.
Sister Cities International requires a Cooperative Agreement when the proposed Sister City has one or more Sister City affiliations with U.S. cities.
Thus, a Cooperative Agreement must be reached with the proposed Sister City, the U.S.' city or cities engaged in the Sister City relationship and the City of Seaside.
If a Cooperative Agreement is required to establish a new Sister City affiliation, only the Mayor or their designated representative will initiate communication with the municipal governments of cities that would be required to enter into a Cooperative Agreement with the City of Seaside.
Selection Guidelines
Selection of a Sister City shall be based upon, but not limited to, the following guidelines:
A city chosen for a Sister City affiliation should be located in a country that has established diplomatic relations with the United States. There should be the potential for genuine people to-people contact; communication and visitation should be able to occur freely in both directions.
The proposed Sister City should be similar in population size, and/or role in the region, and/or have cultural, educational, socio-economic, governmental, or other tangible features in common with Seaside, making it an appropriate Sister City.
There should exist in City of Seaside an identifiable resident group or association, which favors the proposed affiliation and intends to pursue a meaningful program after the
EXHIBIT A
6 Adopted: 7/1/2021
relationship is established. The group should be in a position to organize and finance its own activities over the long term as the City cannot give assurance of financial backing.
A similar identifiable resident group or association should exist in the proposed Sister City, with a clear indication of intent to carry out active mutual programs.
The municipal government of the proposed Sister City should demonstrate support for establishing and developing a Sister City affiliation with The City of Seaside.
City Responsibilities
Establishing and supporting new Sister City affiliations require a significant commitment by the City and will be dependent on the availability of City staff and other public resources that will be necessary to help develop and sustain a successful city-to-city relationship.
Coordinated through the City Manager’s Office, the City will support the Sister City Programs by:
Providing for set-up and complimentary access to City facilities for Sister City events.
Sister City delegations and community sponsoring organizations should contact City staff at least 60 days in advance for any formal visits, events, and meetings.
Refreshments may be provided for meetings and activities when deemed appropriate.
When agreed upon, the City may advance payment for event, meeting and activity expenses (cost of food, drinks, and materials). If community-sponsoring organization has agreed to pay for event, meeting or activity expenses, the sponsor will reimburse any City advances no later than 30 days after the event/activity takes place. City funds may not be used to pay for alcoholic beverages.
Providing access to postage, fax, copying and printing equipment to community sponsoring organizations for support for Sister City events in which the City is participating.
Providing the use of meeting room space at no cost to community sponsoring organizations for related activities.
Providing modest official City promotional gift items typically given at community events to government representatives from visiting countries, such as City t-shirts, pens, reusable bags, and lapel pins.
City staff resources are limited. Staff activities will typically involve extending or receiving invitations from Sister Cities, annual correspondence from the Mayor/City Council, and limited support for visits by the Mayor, Vice Mayor (Pro Tem) or Councilmembers to Sister Cities (e.g. official City letters, visas, and formal gifts).
Additional City staff support may be provided at the discretion of the City Manager.
EXHIBIT A
7 Adopted: 7/1/2021
City Official Visits to Sister Cities and Associated Travel Expenses
When the Mayor, Vice Mayor or Councilmember initiates a request to visit a Sister City, such request will be made in writing to the City Council, including the proposed itinerary, how the travel and expenses will be funded, and other assistance the City will be asked to provide (i.e. gifts to be presented by the Mayor, Vice Mayor or Councilmember).
The community sponsoring organizations may also make recommendations to the City Council, including a recommended budget for the visit. If approved by the City Council, the Mayor (or designee) will send appropriate correspondence to the top official of the Sister City.
When an invitation is received from a Sister City for City of Seaside officials to visit that city, the City Council shall review the invitation or request, including any travel-related expenses offered by the Sister City. The City Council may also consider recommendations from the community sponsoring organization regarding who will represent the City and how the travel and expenses will be funded. The total number of people travelling on behalf of the City may be limited at the request of the host city in order to manage host city resources required to support the delegation.
Normally, travel for Sister City programs will be paid by the individual participant, but may also be funded by the sponsoring community organization or by the host city, unless use of City funds is authorized in advance by the City Council. If necessary, City Councilmembers may use their annual individual training and professional development budget to pay for travel expenses related to the Sister City programs.
Should the travel expenses exceed a City Councilmember’s annual individual training and professional development budget, City Council approval is required for use of additional City funds. Travel expenses provided as a gift (not funded by the individual or through City funds) may be subject to applicable Fair Political Practices Commission and Government Code reporting requirements.
The City will not fund travel nor reimburse for travel or lodging expenses for Sister City visitors coming to the City of Seaside. Any sponsoring community organization may choose to sponsor lodging and expenses for visiting delegations, with the understanding that reciprocal accommodations may occur when a City of Seaside delegation visits in the future to the Sister City.
Gifts
An exchange of promotional and formal gifts is typical of visits to Sister Cities, and from delegations that visit the City of Seaside. Modest official promotional gifts maybe funded by the City.
Additional gifts presented to members of a Sister City delegation are the responsibility of the community sponsoring organization. The sponsoring community organization may choose to provide formal gifts according to their internal budget and approval processes.
EXHIBIT A
8 Adopted: 7/1/2021
Gifts or memorabilia presented to a representative of the City of Seaside that are intended for the City become the property of the City and shall be displayed at a City facility or distributed at the City’s discretion. Gifts or memorabilia intended for and received by individual City Councilmembers or City employees are subject to applicable Fair Political Practices Commission and Government Code reporting requirements.
Terminating a Sister City Affiliation or Placing a Sister City on Emeritus Status
Sister City affiliations are meant to be long-standing official city linkages that involve extensive community participation beyond government. For a variety of reasons, a Sister City relationship may lose community interest and support, and the City of Seaside or the Sister City may opt to place the relationship into emeritus status or to terminate the Sister City relationship.
If a Sister City affiliation is inactive for a period of three years or longer, or if there is a lack of community support through the community sponsoring organization for the Sister City relationship to continue, the City may initiate the process to place the relationship into emeritus status or to terminate the Sister City affiliation with the Sister City and inform Sister Cities International.
The Mayor or his or her designee will send a letter to the Mayor or lead representative of the Sister City to express the City’s intent to end the Sister City affiliation or place the Sister City affiliation on hold in emeritus status. The Mayor or their designee will then notify Sister Cities International that the Sister City affiliation with the City in question has ended or is placed in emeritus status. Sister Cities International will decertify the Sister City affiliation or place the Sister City affiliation on emeritus status.
EXHIBIT A
9 Council Policy
CITY OF POLICIES AND GUIDELINES ON Attachments:
SISTER CITIES, FRIENDSHIP
CITIES, AND INTERNATIONAL
CUPERTINO
DELEGATIONS
FOR THE CITY OF CUPERTINO
Effective Date: Responsible Department:
November 20, 2018 City Manager' s Office
Related Policies & Notes:
Prior versions: 2005, 2013, 2016
Background:
Currently, Cupertino has four active Sister Cities registered with Sister Cities International; the cities of Toyokawa, Japan; Hsinchu, Taiwan; Copertino, Italy; and Bhubaneswar, India. In addition, Cupertino has established several Friendship City relationships and attracts many international delegations for cultural, educational, business, and economic development reasons.
SISTER CITIES
Intent of Sister City Affiliations:
The City recognizes the value of developing people- to- people contacts as a way to further international communication and understanding. Sister City partnerships have proved very successful in fostering educational, technical, economic, and cultural exchanges.
Sister City relationships are effective only when organizations of interested residents in one community work with interested residents in another city to promote communication and understanding among people of different cultures.
The ideal affiliation should involve a large number of citizens and organizations in both cities, engaging in exchanges of people, ideas and cultures on a long- term, continuing basis.
The City intends to provide limited financial support to those Sister City Committees that operate student exchange programs. Those Sister City organizations which do not operate student exchange programs shall be completely financially independent from the City, except for limited City facility use.
EXHIBIT A
10 Sister City Citizen Committee Responsibilities ( Receiving City Support):
Identify, manage, coordinate, and implement all activities related to the Sister.
City Program.
Establish a formal, incorporated 501( c)( 3) structure, with officers and appropriate functional subcommittees.
Solicit donations and in- kind contributions from the local community as appropriate.
Maintain communication with the affiliate Sister City Committee, ensuring the counterpart committee is equally committed to the program.
Finance activities from fundraising efforts and resources other than public funding, including all travel and program expenses, postage, fax, copying, and printing costs for events in which the City is participating. This includes fundraising or securing gifts for special celebrations, such as anniversaries.
Prepare a detailed budget including funds raised through fundraising efforts and public ( City) funding for events and activities and keep track of expenses. The budget should show funds available and should identify adequate, ongoing funding sources for program activities.
Work with City staff at least two months in advance in arranging official promotional gifts and meetings for foreign delegations. For local groups traveling abroad and bringing promotional gifts, similar notice is required, unless waived by the City Manager.
Meet the following eligibility requirements/ annually submit to staff liaison:
o Proof of 501( c)( 3) status
o Detailed accounting of prior year actual revenue and expenses o Summary of prior year activities
o Proposed budget plan
o Fundraising plan
Sister City Citizen Committee Responsibilities ( Not Receiving City Support):
Identify, manage, coordinate and implement all activities related to the Sister City Program.
Establish a formal, incorporated 501 ( c) ( 3) structure, with officers and appropriate functional sub committees.
Solicit donations and in- kind contributions from the local community as appropriate.
Maintain communication with the affiliate Sister City Committee, ensuring the counterpart committee is equally committed to the program.
EXHIBIT A
11 City of Cupertino Responsibilities ( With regard to City supported Sister City Committees):
Coordinated through the City Manager' s Office, the City will serve as a support for programs and activities by:
Providing for set-up and complimentary accessto a large City facility for three community events per Sister City per fiscal year. All cost of food, drinks, and materials are the responsibility of the Sister City Committee.
Accepting gifts from the Sister City. Said gifts are the property of the City and shall be displayed at a City facility or distributed at the City' s discretion.
Providing up to $2,500 per year for a Sister City with a student exchange program of 5 to 9 student delegates and up to $5,000 per year for a Sister City with a student exchange program of 10 or more student delegates.
Coordinated through the City Manager' s Office, the City will serve as a support for Sister City programs and activities by:
Providing access to postage, fax, copying, and printing equipment to Sister City Committee members for support of Sister City events in which the City is participating. City staff is not responsible for preparing mailings or printed materials.
Providing the use of meeting room space (up to 18 per calendar year) at no cost to the Sister City Committee for related activities. Meeting room space does not include Cupertino Community Hall or the Quinlan Community Center' s Cupertino Room.
Providing City promotional gift items typically given at community events to government representatives from visiting countries. These include, but are not limited to: logoed t-shirts, pens, reusable bags, and lapel pins. The cost of each promotional gift or gift bag shall not exceed $25. Additional gifts presented to members of a Sister City delegation are the responsibility of the Sister City Committee.
Facilitating participation of City officials.
City of Cupertino Responsibilities ( With regard to non- City supported Sister City Committees):
The City shall maintain registration with the Sister Cities International organization.
Provide the use of meeting room space ( up to 4 per calendar year) at no cost to the Sister City Committee for related activities. For additional meeting room uses, non- City supported Sister City Committees shall be charged the facility use
EXHIBIT A
12 resident rate on the rental of any City facility. Meeting room space does not include Cupertino Community Hall or the Quinlan Community Center' s Cupertino Room.
Travel and Program Expenses:
Program Expenses:
The City Council will, as part of its annual budget adoption process, establish a program budget for anticipated City supported Sister City program activities.
This budget will include up to $ 2,500 for a Sister City with a student exchange program of 5 to 9 student delegates and up to $5,000 for a Sister City with a student exchange program of 10 or more student delegates, as funds allow. An additional $ 5,000 will be considered for adult delegation visits every 5 years. This adopted budget, less the cost of the Sister City membership fee, will be remitted to the Committee once an accounting of the prior year expenditures have been received and reviewed by the Finance Department. These funds represent the City' s sole monetary commitment each fiscal year with the exception of the items listed above.
Travel Expenses:
The City will pay for 50% of one trip per year, per Councilmember, provided the trip is in conjunction with an official delegation.
All other Council or City Staff travel for Sister City programs must be funded by Sister City Committee fundraising activities, or by the individual traveling council or staff member, unless authorized in advance by the City Council.
New Affiliations:
To ensure that there is a broad base of community support for a global partnership, the citizen committee responsible for implementing the Sister City Program should include at least 10 active Cupertino residents who are committed to making a new affiliation successful.
No more than one Sister City relationship may be established in any given country.
Proposal Process
The new Sister City Committee will prepare and submit the following to the City of Cupertino:
Detailed demographic profile of the prospective city
Application for a formal, incorporated 501( c)( 3) structure, with officers and appropriate subcommittees
EXHIBIT A
13 Documentation of broad- based community support, with a minimum of 10 members on the organizing committee
A preliminary program plan outlining objectives and funding sources If the City Council adopts a resolution establishing a new Sister City relationship, the City shall register that new Sister City with Sister Cities International. If the proposed new Sister City Committee desires to operate a student exchange program ( with a minimum of 5 student delegates and open to any school within the Cupertino Union School District and/ or Fremont Union High School District boundaries) and demonstrates that it can meet its responsibilities as a City supported Sister City Committee, the City shall adjust the budget for the following year to provide for appropriate financial support.
Terminating a Sister City Affiliation
While regrettable, it is sometimes necessary for a city to terminate a Sister City affiliation. Sister City affiliations are meant to be long- standing, official city linkages that involve extensive community participation beyond government. For a variety of reasons, a Sister City relationship may lose community interest and support, and Cupertino or the Sister City may opt to terminate the Sister City relationship.
If a Sister City affiliation is inactive for a period of three years and there is a lack of community support for the Sister City relationship to continue, the City may initiate the process to terminate the Sister City affiliation with the Sister City and Sister Cities International.
FRIENDSHIP CITIES
Intent of Friendship City Affiliations:
The City recognizes the value of developing people- to- people contacts as a way to further international communication and understanding. Friendship City partnerships can be effective in fostering increased global cooperation and communication.
Friendship cities may be established, however, they will not be considered official Sister Cities and are not eligible for City funding.
New Affiliations:
All proposed Friendship City relationships must have Councilmember and community sponsorship and be approved by the City Council. The Friendship City will submit a Friendship City application to the City of Cupertino, which requires sponsorship from a Council Member and a citizen' s committee to ensure the new affiliation is successful. If approved, the City will issue a signed Letter of Intent establishing the Friendship City
EXHIBIT A
14 relationship.
A Friendship City affiliation will be effective for two years and may be renewed every two years.
Friendship City Committee Responsibilities:
Identify, manage, coordinate, and implement all activities related to the Friendship City program.
Maintain communication with the affiliate Friendship City, ensuring the counterpart is equally committed.
Work with city staff at least two months in advance in arranging official promotional gifts and meetings for foreign delegations. For local groups traveling abroad and bringing city gifts, similar notice is required, unless waived by the City Manager.
City of Cupertino Responsibilities:
Coordinated through the City Manager' s Office, the City will:
Issue a signed Letter of Intent establishing the Friendship City relationship in an effort to assist international delegation visits from the Friendship City Provide City promotional items typically given at community events to government representatives from visiting countries as the budget allows. These may include, but are not limited to: City t-shirts, pens, reusable bags, and lapel pins, to the extent there remains a budgeted amount to purchase such gifts and promotional items.
Facilitate meetings with City officials.
Conduct tours of city facilities.
Travel and Program Expenses:
Friendship City travel and program expenses will be treated as those of international delegations and will follow the guidelines outlined in this policy in the " Travel and Program Expenses" section under " INTERNATIONAL DELEGATIONS."
Renewal of Friendship City Relationship
Friendship City renewals should be requested by an official of the Friendship City with support of the Friendship City Committee. The Friendship City Committee should submit a renewal application, which includes:
EXHIBIT A
15 Intent to renew letter from Friendship City official on official letterhead.
Summary of Friendship City delegation visits to Cupertino hosted by the Committee over the last two years.
Summary of Cupertino delegation visits hosted by the Friendship City.
Description of activities held and outcomes.
How the relationship has been mutually beneficial for Cupertino and the friendship community.
An updated profile of the Friendship City Committee.
Notification of the intent to renew the Friendship City relationship should be sent to the City at least 60 days in advance to ensure sufficient time to process the renewal. Friendship City Committees will also be expected to prepare a presentation to the City Council when the renewal is being considered.
Terminating a Friendship City Affiliation:
A Friendship City affiliation will be effective for two years. After two years, the Friendship City affiliation will automatically expire unless renewed.
While regrettable, it is sometimes necessary for a city to terminate a Friendship City affiliation prior to the end of the two year term. For a variety of reasons a Friendship City relationship may no longer be mutually beneficial, and Cupertino or the Friendship City may opt to terminate the Friendship City relationship.
INTERNATIONAL DELEGATIONS
Intent of International Delegations:
The City recognizes the value of developing people- to- people contacts as a way to further international communication and understanding.
Delegations must contact city staff at least 60 days in advance in arranging meetings, unless waived by the City Manager.
City of Cupertino Responsibilities:
Coordinated through the City Manager' s Office, the City will:
Provide City promotional items typically given at community events to government representatives from visiting countries. These may include, but are not limited to: City t-shirts, pens, reusable bags, and lapel pins, to the extent there remains a budgeted amount to purchase such gifts and promotional items.
Facilitate meetings with City officials.
Conduct tours of city facilities.
EXHIBIT A
16 Travel and Program Expenses:
Program Expenses-
The City Council will, as part of its annual budget adoption process, establish a program budget for promotional items for delegations. Promotional gifts or gift bags shall not exceed the cost of$ 25 each.
Councilmembers on an official delegation visit to a Sister City or Friendship City typically present a gift to the host city dignitary, such as the Mayor. This host- city dignitary gift should not exceed $ 200.
Travel Expenses-
International travel shall be at the expense of the traveling Councilmember unless authorized in advance by the City Council.
EXHIBIT A
17 CITYCOUNCILPOLICY
SUBJECT: SISTERCITYACTIVITIES NO.: A-14
PURPOSE:
Toestablishapolicy governingtheCity of MountainView’s (City’s) responsibilities relatingtosistercityactivities.
POLICY:
1. TheCity supportsthe sistercity conceptandits goalof strengtheningglobal understandingbetweenthepeoplesoftheUnitedStatesandothernations.
2. TheCityacknowledgesthattheSisterCityAffiliationofMountainViewnonprofit organization (Affiliation) hasprimary responsibilityfor theimplementationof sistercityprogramsandeventsin MountainView.
3. TheCitywill supporttheAffiliationin itssistercityactivitiesasfollows:
a. TheCityManagershalldesignateaCity staffmembertoserveastheCity’s liaisonregardingsistercityactivities.
b. TheCity staffliaisonwill assumeprimaryresponsibilityfor coordinating andconductingall activitiesandevents (e.g., meetingswith City officials, receptions, tours, etc.) for visitsby city officialsfromsistercities. Forthese officialevents, theCitymayrequestthattheAffiliation providesomelevel of supporttotheCity’sefforts.
c. TheCity staffliaisonwill actin asupportcapacityto theAffiliation asit assumesprimaryresponsibilityfor theplanningandexecutionof activities andeventsfor visitsofotherdelegations.
d. TheCitywill providefile cabinetspaceforstorageof archivalinformation. e. TheCity will provide reasonablepostage, facsimile, copying and/ or printingsupportforsistercityeventsin whichtheCityisparticipating. f. TheCitywill providetheuseof availableCityfacilities (with theexception of theCenterfor thePerformingArts) atnocostto theAffiliation for sister city-relatedactivities.
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18 CITYCOUNCILPOLICY
SUBJECT: SISTERCITYACTIVITIES NO.: A-14
4. A budgetrequestshallbesubmittedby theCity staffliaisonannuallydetailing proposedsistercity-relatedexpendituresandfunding levelsfor theupcoming year. ThisbudgetrequestshallbereviewedbytheCityCouncilduringitsannual Citybudgetreviewandadoptionprocess.
5. No CityfundsshallbedirectlyprovidedtotheAffiliationtosupporttheirgeneral operatingexpenses.
6. City funds shallonly beexpendedwith theapprovalof theCity Manageror his/herdesignee.
7. Cityfundsshallbeexpendedonlyfor thefollowingsistercity-relatedexpenses:
a. One-halfofthefoodcostsfortheannualsistercitydinner. NoCityfundswill beusedto offsetthecostof alcoholicbeverages, entertainment, equipment rentalor otherexpensesrelatedtotheevent.
b. Dues/membershipcostsassociatedwith theCity’smembershipin Town Affiliation AssociationsInternational. Membership/ duescostfor the Affiliationwill betheresponsibilityof theAffiliation.
c. City gifts, which will bepresentedto sistercity representatives (student, businessor government) duringtheirvisit to theCity of MountainView, or presentedby representativesof MountainView during their trips to sister cities.
Citygiftsandvisit supportactivitieswill beprovidedtosistercityvisitorsas follows:
1) An individualvisitingfromasistercity, butnotpartof anyformalor informaldelegationwill receive: aCitypin; aCityinformationpacket; andaninvitationtomeetwith theCitystaffliaisonand/or Mayor. 2) Groupsvisitingfromasistercity, butnotcity governmentofficersor membersof thevisitingsistercitycommitteewill receive: Citypins; a welcominggift (tobedeterminedby theCitystaffunderthedirection Page2 of 3
EXHIBIT A
19 CITYCOUNCILPOLICY
SUBJECT: SISTERCITYACTIVITIES NO.: A-14
of theCity Manager); City informationpacket; a meetingwith the Mayor or his/ her designee; a tour of the City; and an informal receptionsponsoredbytheCity.
3) Visiting sistercity committeeand/or studentexchangegroupswill receive: City pins, a welcoming gift; City information packets; a meetingwith theMayoror his/ herdesignee; atour of theCity; an informalreceptionsponsoredby theCity; andattendanceto anevent or activity (asdetermined by the City Manager), with the costs underwritten by theCity (e.g., ticketstoa ShorelineAmphitheatre event).
4) Visiting representativesfrom asistercity governmentwill receive:
City pins; awelcominggift; City informationpackets; ameetingwith theMayoror his/herdesignee; attendancetoaneventor activity, with thecostsunderwrittenbytheCity; andaluncheonor dinnerhostedby theCity.
d. AnyotherexpensesapprovedbytheCityManageror his/herdesignee.
8. Asnewsistercity relationshipsarerequested, theCity shallcoordinateits effort with theAffiliation to formalizearelationshipwith anewsistercity. Thenew sistercity relationshipmustbeformalizedby theadoptionof a City Council resolution. Suchresolutionsshallidentify theareasof commoninterestand activitieswhichbothpartieswishto pursuethroughtheirsistercity relationship e.g., studentexchangeprogram, artistic and cultural exchanges, economic developmentoutreachactivities, sportsteamexchanges, etc.).
Revised: November12, 1991, ResolutionNo. 15334
EffectiveDate: August20, 1991, ResolutionNo. 15307
CNLPOL
A14-601CP
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EXHIBIT A
20 A Policy of the Sister Cities Committee of the City of Santa Cruz 1 Friendship and Sister City Adoption Policy
Sharin
g experiences and knowledge between the City of Santa Cruz and its Friendship and Sister Cities is a source of mutual enrichment. Successful Friendship and Sister City relationships promote peace and understanding by fostering mutual respect and cooperation between individuals and communities. They enhance the quality of life for citizens of both cities.
The i
ntent of this document is to define the circumstances, criteria, and processes to nominate and adopt Friendship Cities and recommend to the Santa Cruz City Council the adoption of Sister Cities.
Additionally, a process to reconsider existing relationships is outlined.
Mission and Purpose
The City of Santa Cruz desires to establish relationships with towns and localities abroad to provide opportunities to build friendships, learn about other cultures, and foster international understanding. To this end, the City of Santa Cruz has established the Santa Cruz Sister Cities Committee (“Committee”), a volunteer group of ordinary citizens who, with the support of local elected officials and local organizations, form long-term relationships with people and organizations in cities abroad. Through people-to- people relationships, the Committee pursues activities and exchanges in thematic areas that are important to both communities, including municipal, business, trade, educational, and cultural exchanges.
I. Defining Friendship and Sister Cities
A. A Friendship City is a designated relationship, where both cities have the opportunity to explore the potential for becoming Sister Cities. Both cities enter into an agreement to develop and strengthen relationships through a variety of activities, including but not limited to:
• Youth programs/exchanges
• Visitor exchanges
• Cultural and business exchanges
• School affiliations/pen pals (adult & children)
• Humanitarian projects
B. A Si
ster City relationship is a broad-based, long-term partnership between two communities in two countries. This relationship is officially recognized after the mayor or highest elected official or (or if elections do not take place, the highest appointed official) from both communities sign an agreement. A city can have multiple Sister Cities, with community involvement by volunteers, civic organizations, nonprofits, municipal governments, the private sector, and others. Exchange possibilities are as described above for Friendship Cities.
II. Friendship and Sister City Selection Criteria & Process A. Selection Criteria:
Friendship and Sister Cities should ideally meet three sets of criteria:
• Criteria related to structural similarities associated with compatibility; • Pre-existing or easily developed constituencies; and
• Geographic balance.
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21 A Policy of the Sister Cities Committee of the City of Santa Cruz Friendship and Sister City Adoption Policy
These criteria are described below.
1. Structural Similarities:
Potential Friendship and Sister Cities should ideally share certain structural commonalities with the City of Santa Cruz to better ensure compatibility and hence the circumstances needed for a long-lived and thriving relationship.
These structural criteria include:
• Population size
• Key industries
• Geographic characteristics
• Institutions of higher learning
• Similar values, such as tolerance and respect for the environment • Similar goals for their Sister Cities program
For the City of Santa Cruz, a comparable city would be a university town of about 60,000 people located near the ocean or other large body of water with a municipal wharf or working harbor and served principally by tourism, technology, and agricultural industries.
While successful relationships are based, in part, on shared experiences that derive from structural similarities, the City of Santa Cruz should not insist on an exact match. In evaluating structural criteria, the Committee should look for cities that share most, or all, of the above criteria.
2. Existing or easily developed constituencies:
The City of Santa Cruz should enter into Friendship and Sister City relationships only with cities for which community support exists or can readily be developed.
Support can take many forms. For example:
• Expatriate and ethnic ties
• Art and cultural relationships and exchanges
• Educational linkages, including alumni ties
• Service organization activities
• Economic and business relationships
• Youth organization activities
In choosing a Friendship or Sister City, the Committee should take cognizance of the number, variety, and depth of relationships between the City of Santa Cruz and that city that already exist and the level of community support in both cities for the relationship. The more existing ties, the stronger the relationship will likely prove to be and the greater the likelihood that relationship will successfully transition to, or be, a Sister City. In the absence of a preexisting base, the potential to develop a broad base of community support can and should be considered. However, given that the Santa Cruz Sister Cities Committee is a volunteer organization, the Committee should give preference to cities which already have local constituencies and community support in both cities. The Committee should avoid entering into Friendship or Sister City relationships with cities where it will be difficult to develop support among the community and the burden of such support will fall primarily on the Committee members.
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22 A Policy of the Sister Cities Committee of the City of Santa Cruz Friendship and Sister City Adoption Policy
3. Geographic Balance:
The Committee should seek geographic balance for its Friendship Cities. Ideally, selected cities should be spread out across the globe rather than clustered in one geographic region. Currently, the City of Santa Cruz has Sister and Friendship Cities dispersed as follows:
I. North/Central America:
• Jinotepe, Nicaragua
II. South America:
• Puerto la Cruz, Venezuela
III. Europe:
• Sestri Levante, Italy
• Alushta, Crimean Peninsula
• Biarritz, France
IV. Africa:
• None currently
V. Oceania
• None currently
VI. Asia:
• Shingu, Japan
Future Friendship and Sister Cities would ideally be located in South America, Africa, and/or Oceania for geographic balance and a truly global network.
B. Process for Adding a Friendship City:
The Santa Cruz Sister Cities Committee will frequently be faced with requests to establish Sister City relationships with cities abroad. As a rule, the Committee should seek to preserve quality over quantity. Committee members’ time and energy are limited, and should be focused on preserving, deepening, and expanding already existing Sister City and Friendship City relationships. However, excellent matches will come along, and the Committee should be prepared to identify them. The following process will help the Committee do so.
1. Upon receiving a request to establish a Friendship or Sister City relationship, the Committee shall seek a volunteer champion from the Committee membership to actively shepherd the request through the Committee’s process.
The champion will be a volunteer position only— neither the Chair nor the Committee can name a champion who has not volunteered. If such a volunteer is not identified from the Committee membership, the Friendship or Sister City request will not proceed. The Parks and Recreation staff liaison cannot fulfill this responsibility.
2. Requests for establishing Friendship or Sister City relationships may originate from other cities, members of the public, or Committee members.
3. When possible, Santa Cruz and the candidate Friendship/Sister City should exchange delegations or have other social or community exchanges prior to a formal designation in order to explore and determine all initial exchange possibilities.
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23 A Policy of the Sister Cities Committee of the City of Santa Cruz Friendship and Sister City Adoption Policy
4. Prior to adoption as a Friendship City, the champion will prepare a written report for the Committee to include:
a. A profile of the city under consideration that details the structural characteristics of the city (population size, geographic location, presence of universities, key industries). Moreover, the profile should also detail the languages spoken in the area, give a brief introduction to the structure of the local government, provide a short history of the area, and describe any logistical challenges to travelling to and from the city under consideration.
b. A profile of the existing or likely constituencies for the Friendship City candidate in Santa Cruz.
c. A profile of the existing or likely constituencies in the city under consideration.
d. A description of potential focus areas for activities and exchanges with the Friendship City candidate, including a delineation of those potential activities and exchanges. This section of the report should describe how entering into a Friendship City relationship will benefit both cities.
e. Once the report is complete, the champion will request the staff liaison and/or Committee Chair to put the report’s delivery on the next Committee agenda and formally notify the City Council of this proposal.
f. At a subsequent Committee meeting, the Committee will vote on whether or not to adopt the candidate city as a Friendship City; provided, that, if the City Council objects to such designation within 45 days of notification, the city will not become a Friendship City.
C. Capacity
1. Ceiling:
There can be a maximum of two (2) Friendship Cities at a time.
2. Length of Friendship City Status:
The default is that Friendship City status runs for a two-year term.
3. Possibility of Extending or Shortening Term:
The Committee at its option may extend the Friendship City status for an additional year or may decide to consider a transition to Sister City status before the completion of a Friendship City term.
4. Informal Relationship:
It is intended that Friendship City status be informal and need not be reported to Sister Cities International.
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24 A Policy of the Sister Cities Committee of the City of Santa Cruz Friendship and Sister City Adoption Policy
III. Sister City Selection Criteria & Process Selection Criteria
Before the conclusion of the Friendship City term, the city may be advanced to candidacy for Sister City status based on the totality of community and Committee support for such advancement and the interest expressed by the Friendship City in becoming a Sister City. It is expected but not required that a city will be a Friendship City prior to adoption as a Sister City and that, in addition to the criteria detailed in Section II, to become a Sister City a city will meet the following additional criterion:
1. At least one bilateral exchange of delegations has occurred after Friendship City status had been granted. That is, a delegation from the friendship city will have visited Santa Cruz, and a delegation from Santa Cruz will have visited the Friendship City, or at least two virtual “visits” or exchanges will have occurred.
2. One or more participating Committee members will have done the following:
a. Presented to the full Committee before a delegation departs or a virtual meeting occurs an outline of what they hope to learn and accomplish from the delegation or exchange.
b. Solicited questions from Committee members to be investigated during the delegation or exchange.
c. Reported their findings to the Committee and made
recommendations.
A. Process:
Based on the above criterion the Committee may consider recommending a city to the City Council for Sister City status. While the city is being considered for Sister City status, its Friendship City status will be automatically renewed until the process is completed.
The process for granting Sister City status is as follows:
1. Prior to the end of any Friendship City term, the chair of the subcommittee for the Friendship City seeking Sister City status will prepare a report, and deliver the report to the staff liaison and/or Committee Chair for provision to the Committee, that informs the members of the Santa Cruz Sister Cities Committee of the current scope of the relationship and its potential for growth. The report will contain at a minimum the following information:
a. A profile of the city under consideration that details the structural characteristics of the city (population size, geographic location, presence of universities, key industries). Moreover, the profile should also detail the languages spoken in the area, give a brief introduction to the structure of the local government, provide a short history of the area, and describe any logistical challenges to travelling to and from the city under consideration.
b. A detailed profile of the existing constituencies for the sister city candidate in Santa Cruz. A profile of likely future constituencies should also be provided if the subcommittee intends to involve more segments of the community in the relationship.
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25 A Policy of the Sister Cities Committee of the City of Santa Cruz Friendship and Sister City Adoption Policy
c. A detailed profile of the existing constituencies for making Santa Cruz a sister city in the city under consideration. A profile of likely future constituencies should also be provided if the subcommittee knows of it counterpart’s plans to expand the relationship to other communities in the candidate city or if the subcommittee has plans to reach out to other community groups in the candidate city.
d. A description of the activities and exchanges that have occurred already involving the sister city candidate. This section should not only include a description of the inbound and outbound delegations, but also descriptions of other activities and exchanges in which the two cities have engaged.
e. A description of the activities and exchanges that are anticipated for the next five years. With regard to exchanges, the five-year plan should provide a realistic description of their type, frequency, and method.
f. A description of how a permanent relationship will be of mutual benefit.
g. A recommendation for or against Sister City status.
1. At the same time the report is delivered, the chair of the subcommittee will request the staff liaison and/or Committee Chair to put the status of the city on the next Committee agenda.
2. The Committee will hear and discuss the report at the next Committee meeting if possible and may either vote on whether to recommend to the City Council to advance the city to Sister City status, may request further information or may determine to hold such vote at a subsequent Committee meeting.
3. If not previously voted on, at a subsequent committee meeting, the Committee will vote on whether to recommend to the City Council to advance that city to Sister City status.
4. In the event the Committee votes to recommend to the City Council to advance a city to Sister City status, the Committee Chair or subcommittee chair (or other designated Committee member) will notify the City Council of such vote and will be responsible for working with the City Council to advance the candidacy of the city. If the City Council votes in favor of making the City a Sister City, the subcommittee chair (or other designated Committee member) will be responsible for (i) putting in place a formal agreement between the City of Santa Cruz and the Sister City which must be signed by the mayor or other highest elected official (or if no election, the highest appointed official) of both cities and (ii) forwarding such agreement to Sister Cities International.
5. In the event the Committee or the City Council votes not to advance a city to Sister City status, then any Friendship City status will expire at the end of the original term (or earlier if so voted by the Committee) and the city no longer will be a Friendship City. If such Friendship City status has been reported to Sister Cities International, the Chair or subcommittee chair shall notify Sister Cities
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26 A Policy of the Sister Cities Committee of the City of Santa Cruz Friendship and Sister City Adoption Policy
International of the termination of the Friendship City status.
IV. Active, Inactive, and Emeritus Sister Cities
A. The activity level of our relationships will vary:
While active relationships with all Sister Cities would be ideal, the reality is that some relationships will become dormant. To deal with this situation, the Santa Cruz Sister Cities Committee needs a mechanism for distinguishing between active and inactive relationships. Sister Cities International has such a mechanism: inactive sister cities can be formally transitioned to an emeritus status or Sister City status can be terminated.
B. “Inactive” Status.
For our Committee’s purposes, an intermediate step between active and emeritus is added: “Inactive” status. This step would be an informal inactive status which Sister Cities International would not be informed about. It would be for our Committee’s use only. In practice, the Committee should deem those Sister Cities for which there have been no or very limited interactions for 3 years to be Inactive. The Committee may also deem a city to be Inactive if there are other extenuating circumstances that make Inactive status advisable or necessary. All cities that are deemed Inactive can be managed by one Committee member who will report on the status of the relationship at least once per year or more frequently if significant interactions are restarted or the extenuating circumstances no longer apply. Once made Inactive, a city can return to active status, but until then, they will be less of an administrative burden on the Committee.
C. Website.
In distinguishing between active and Inactive Sister Cities, the Committee’s online presence (City website, Facebook page) can list the active relationships as our Sister Cities and include a section mentioning our Inactive Sister Cities. By doing so, the Committee can identify its active relationships while also ensuring that Inactive cities remain visible to the community for those who might be inspired to help us restore these dormant relationships. The website also may, but is not required to, list cities that are in Friendship City or Emeritus status.
D. Emeritus Status.
Sister Cities for which there have not been any significant interaction for a total of five years, or which have been in Inactive status for at least two years, or if there are other extenuating circumstances that make Emeritus status advisable, can be considered for formal emeritus status. The Committee periodically should evaluate whether to recommend to the City Council to place any Sister City which meets such criteria into Emeritus status.
1. In the event the Committee votes to recommend to the City Council to place a Sister City into Emeritus status, the Committee Chair or subcommittee chair (or other designated Committee member) will notify the City Council of such vote and will be responsible for working with the City Council to place such Sister City into Emeritus status, including obtaining a letter from the mayor or highest elected official of Santa Cruz to the Sister City indicating that Santa Cruz considers the relationship dormant and wishes to change its status to Emeritus. In such case, a copy of such letter will be sent to Sister Cities International to inform of this change in status.
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27 A Policy of the Sister Cities Committee of the City of Santa Cruz Friendship and Sister City Adoption Policy
2. In the event the Committee or City Council votes not to place such Sister City into Emeritus status, the Sister City will continue to be a Sister City.
E. Re-Evaluation of Emeritus Status.
While a Sister City is in Emeritus status, the Committee periodically may evaluate whether that Sister City should remain in Emeritus status or alternatively should be removed from Emeritus status because either (1) the Committee votes to revive the Sister City relationship or (2) the Committee votes to terminate the Sister Cities status entirely.
1. In the event the Committee votes either to revive or terminate the relationship, the Committee will designate a Committee member to work with the City Council either to revive such relationship or to terminate it respectively, including obtaining a letter from the mayor or highest elected official of Santa Cruz to the Sister City indicating that Santa Cruz wishes to end the emeritus relationship and either revive the Sister City relationship or terminate it respectively. In either event, the Chair or subcommittee chair shall notify Sister Cities International of the revival or termination (if required to so notify) of the Emeritus Sister City status.
2. In the event the Committee or City Council votes not to change a city’s Emeritus status, the city will continue to be an Emeritus Sister City.
Last revised by City Council:
April 26, 2022
March 22, 2016
ATTEST:
X
Tremain Hedden-Jones
Secretary to the Committee
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28 Reso No. 161-18 (CM)
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1 RESOLUTION NO.__________ (CM)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WATSONVILLE ESTABLISHING COUNCIL SISTER CITY POLICY IN
THE CITY OF WATSONVILLE
WHEREAS, it is in the best interest of the residents of the City of Watsonville to promote peace, understanding, and prosperity through people-to-people relationships, cultural understanding, cultural exchange, and sharing arts, education, trade, agricultural practices and customs.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATSONVILLE, CALIFORNIA, AS FOLLOWS:
That the Council hereby establishes the following Sister-City Policy to be followed by staff and members of the Council until changed or terminated.
That the Council will consider requests to establish new sister city relationships only when such requests from another United States or foreign city are sponsored by a local, organized group which demonstrates an interest and ability to establish and maintain an active relationship with the proposed sister city over a substantial period of time by regular communication and bi-lateral visits by Watsonville and the proposed sister city.
BE IT FURTHER RESOLVED:
That the Council hereby adopts the following policies about participation in City recognized sister city activities.
1. That a sister city relationships shall be established and may be terminated only by Council resolution.
161-18
5151
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29 Reso No. 161-18 (CM)
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2 2. That a sister city relationship may be established only when the Council finds that an identified local, organized sponsoring group of individuals agree to promote and manage the relationship, demonstrate the capacity to be and remains the primary means of communication and remain financially responsible throughout the period of the sister city relationship.
3. That the sister city relationship shall be terminated by Council action unless a sponsoring group satisfies Policy 2 above.
4. That the sponsoring group shall organize and actively participate in bi- lateral meaningful mutual meetings or exchange visits with the sister city.
5. That a request for sister city relationship shall be approved only upon demonstrated good cause supported by a written document describing the benefits to such a relationship, any duties of the sister city and the City of Watsonville, and a request from the proposed sister city.
6. That each sponsoring group shall be responsible for all costs of a visit to the sister city, but not limited to accommodations, meals, tours, and travel.
7. That City staff and elected or appointed officials may participate in a sister city program providing it shall be at no expense to the City.
8. That no City funds shall be used for sister city expenses, including but not limited to transportation, lodging, or travel related meals.
9. That all sister city funds from the City shall require an application from the sponsoring sister city committee and appropriation in the City budget process. No such funds may be used for transportation, meals or lodging.
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3 10. That the Council encourages sister city activities and that funding occur through a 501(c)3 non-profit charitable corporation and that the public be encouraged to participate in and contribute to promote cultural and economic relationships with sister cities.
11. That each member of a sister city delegation shall comply, to the extent applicable, with the Political Reform Act and regulations promulgated thereunder, particularly Chapter 9.5 (Ethics) of Division 6
1 and in particular, Section 18944
“Payments Made to an Agency for Use by Agency Officials.”
12. That each member of a sister city delegation shall comply, to the extent applicable, with the Political Reform Act and regulations promulgated thereunder, particularly Chapter 9.5 (Ethics) of Division 6
2 and in particular, Section 18950.1
“Exception: Payments for Travel Made in Conjunction with Official Agency Business.”
13. That each member shall also comply, to the extent applicable, with Watsonville’s Election Campaign Contribution Control Ordinance found in Chapter 6 of Title 1 of the Watsonville Municipal Code.
14. That travel with family members or partners shall be paid by the family members.
15. That the City Clerk shall be notified at least two months in advance of any planned visit to Watsonville to best accommodate visitors and travelers. The sponsoring committee shall submit to the City Clerk within fifteen (15) days an itemized report of all expenses incurred and source of payment related to the sister city event. 1 2 California Code of Regulations 18930 et seq
2 ibid
EXHIBIT A
31 Reso No. 161-18 (CM)
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4 16. That sister city visits by City officials in their capacity as mayor, mayor pro tem or members of the Council shall be limited so as to include the Mayor and no more than two Council members so as to not burden any sister city and to encourage participation by members of the community.
17. That the Mayor (or if the Mayor declines, then the Mayor pro tem) have first-priority in the City’s delegation. Two additional Council members may be designated as part of the delegation, in order of seniority (time served on Council and if there is a tie, then in alphabetical order by last name). If the Mayor (or Mayor pro tem) or Council member is unable or otherwise declines to attend, then the next senior Council member (determined in the same manner) becomes eligible. It is the policy of the Council that a Council member who has visited a sister city within the last twelve months (measured back from the date of the proposed new visit) not be included in a second visit to a sister city until twelve months have passed since the return.
18. That members of the official sister-city delegation shall be designated only in this way.
19. That the formation of a sister city relationship shall not imply or express approval or disapproval of the politics or government practices of elected or appointed officials, policies, cultural practices, or conduct of the sister community, which may run contrary to the politics, policies, cultural practices, or actions of the City of Watsonville or the Council.
20. That participants in sister city exchanges may express their personal First Amendment political, cultural, religious, or other beliefs while participating in sister city
EXHIBIT A
32 Reso No. 161-18 (CM)
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5 programs, however sister city relationships and activities are intended to be nonpartisan, non-denominational, and inclusive of all races, cultures and ethnicities.
21. That the members of an official City of Watsonville delegation are encouraged to have robust, informed discussions while travelling and participating as part of the sister city program however no member of the delegation may speak for the City or the Council unless and except through resolution or motion at a noticed public meeting.
22. That the City Clerk shall be responsible for the direction, management, or administration of sister city activities.
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EXHIBIT A
33 The foregoing resolution was introduced at a regular meeting of the Council of the City of Watsonville, held on the~ day of October, 2018, by Member Hernandez , who moved its adoption, which motion being duly seconded by Member Coffman- Gomez , was upon roll call carried and the resolution adopted by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
COUNCIL MEMBERS:
Bilicich, Coffman -Gomez, Dutra,
Garcia, Gonzalez, Hernandez, Hurst
#fi~
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I, Beatriz Vazquez Flores, City Clerk of the City of Watsonville , do hereby certify that the foregoing Resolution No. 161-18 (CM) was duly and regularly passed and adopted by the Watsonville City Council at a meeting thereof held on the ~ day of October , 2018, and that the foregoing is a full, true a d correct copy of said Resolution.
Reso No. 161-18 (CM)
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Date
ez lares, City Clerk
tfa ~~ ~o1r
J
6 EXHIBIT A
34 CITY OF MARINA
SISTER CITIES POLICY
DEFINITION:
A Sister City is a broad -based, long -term partnership between two communities from two countries. A relationship is officially recognized after the elected bodies from both communities sign off on an agreement to become Sister Cities. A city can have any n umber of Sister City relationships, with community involvement ranging from volunteers and representatives from municipal governments, civic, and nonprofit organizations. Each Sister City organization is independent and can pursue activities and areas impo rtant to both communities, including municipal, business, trade, educational, cultural exchanges, and projects with their Sister City.
PURPOSE:
To establish a policy governing the City of Marina’s (“City”) responsibilities relating to Sister City activities. Sister City relationships are effective when organizations of interested residents in one community work with interested residents in another city to promote communication and understanding among people of different cultures.
The City is committed to promoting Sister City relationships between the City and its Sister Cities by hosting Sister City delegations ; promoting international understanding a s a member of Sister Cities International, Inc. (“SCI”) , the non -profit membership organizati on which registers and coordinates Sister City relationships between communities in the U.S. and cities worldwide ; and advancing educational, cultural, and artistic awareness.
POLICY:
1. A Sister City proposal will require recommendation by a member of the City Council.
2. Establishing a Sister City relationship requires approval by the City Council, a signed Memorandum of Understanding (“MOU”) between the City and the proposed Sister City, and recognition by SCI.
The City will evaluate proposals for a new Sister City affiliation and Council approval based on, but not limited to, the following guidelines:
a. A city chosen for a Sister City affiliation should be from a country that has established diplomatic relations with the United States. There should be the potential for genuine people to-people contact; communication and visitation should be able to occur freely in both directions.
b. The proposed Sister City shou ld be similar in population size, and/or role in the region, and/or have cultural, educational, socio-economic, governmental, or other tangible features in common with Marina, making it an appropriate Sister City.
EXHIBIT B
35 Sister Cities Policy
c. There should exist in the City an identifiable resident group or association, which favors the proposed affiliation and intends to pursue a meaningful program after the relationship is established. The group should be in a position to be the primary organizer and finance its own activities.
d. A similar identifiable resident group or association should exist in the proposed Sister City, with a clear indication of intent to carry out active mutual programs.
e. The municipal government of the proposed Sister City should demonstrate support for establishing and developing a Sister City affiliation with the City.
3. The City will support Sister City activities as follows:
a. The City Manager shall designate a City staff member to serve as the City’s liaison regarding Sister City activities.
b. The City staff liaison will act in a support capacity to the affiliation as it assumes pr imary responsibility for the planning and execution of activities and events for visits of other delegations.
c. The City will provide reasonable postage, facsimile, copying and/or pr inting support for Sister City events in which the City is participating.
d. The City will provide set-up and complimentary access to City facilities for Sister City events. Sister City delegations and community sponsoring organizations must contact City staff at least sixty (60) days in advance for any formal visits, events, and meetings.
e. A budget request may be submitted by the City staff liaison detailing proposed Sister City- related expenditures. No City funds shall be directly provided to the affiliation to support their general operating expenses.
f. City funds may be expended for Sister City-related expenses such as:
(1) Annual membership dues to SCI.
(2) Light refreshments for meetings and activities when deemed appropriate.
(3) Exchange of promotional and formal gifts are typical of Sister City visits between both delegations. Modest City promotional gifts may be funded by the City.
(4) Gifts and/or memorabilia presented to the City from a Sister City delegation and intended for the City becomes the property of the City and shall be displayed at a City facility or distributed at the City’s discreti on. Gifts or memorabilia intended for and received by individual City Councilmembers or City employees are subject to applicable Fair Political Practices Commission and Government Code reporting requirements.
(5) When a Councilmember initiates a request to visit a Sister City, such a request will be made in writing to the City Council, outlining the proposed itinerary, how travel and
EXHIBIT B
36 Sister Cities Policy
expenses will be funded, and other assistance City staff will be asked to provide (i.e., gifts to be presented to officials of the Sister City).
(6) Travel accommodations and expenses for Sister City delegation visits will be paid by the individual participant(s), or any sponsoring community organization. The City will not fund travel nor reimburse travel or lodging expenses for Sister City visitors to the City.
(7) Any other expenses as approved by the City Manager or their designee.
4. If a Sister City affiliation is inactive for a period of five years or longer, or if there is a lack of community sup port through the community sponsoring organization for the Sister City to continue, the City may initiate the process to place the relationship into emeritus status ( an inactive Sister City relationship) or terminate the Sister City affiliation with the Sister City.
EXHIBIT B
37 MEMORANDUM OF UNDERSTANDING
AGREEMENT FOR A SISTER CITY RELATIONSHIP BETWEEN THE CITY OF MARINA AND _______________________
WHEREAS, the City of Marina, California, United States of America, and __________________, established a Sister City relationship on __________________, and; WHEREAS, both cities seek to enrich cultural understanding, create adult and student exchange opportunities, and broaden cooperation to encourage goodwill between the Cities, and; WHEREAS, the City of Marina and ___ _______________ support the promotion of mutual understanding, expansion of official and non-governmental exchanges, and friendship through the promotion of peace, stability and prosperity in their respective region and the world at large, and; WHEREAS, in order to develop a Sister City relationship with cooperation between the City of Marina and __________________, both cities agree to a Memorandum of Understanding (“MOU”) to support a Sister City relationship on the following terms :
1. To promote common prosperity and development, both Cities will organize, on the basis of equality, mutual benefit and goodwill, cultural exchanges and other information sharing that may include art, business and commerce, culture, governmental administration, health and sports interests, history, science, technology and other information sharing.
2. Citizens, civic and business groups of each city are recognized as ambassadors of goodwill to organize cultural exchanges that may include the above topics.
3. Each city will have an identifiable resident group or association that should exist in the proposed Sister City, with a clear indication of intent to carry out active mutual programs and is in a position to be the primary organizer and finance its own activities , including accommodations, meals, tours and visits, and event expenses unless agreed upon in advance by the City Council of the City of Marina.
4. Each city shall organize cultural exchanges, to the extent possible, involving adults and students within the duration of this MOU. Each exchange or visit shall be reviewed in advance between the City of Marina’s resident association and representatives of __________________.
5. Cultural exchange visit details and activities shall be cooperatively agreed upon by the sponsoring organizations. Activities shall be provided with the objective to deepen cultural awareness and friendship between citizens, business leaders, and government leaders.
EXHIBIT C
38 6. Both Sister Cities will agree that all elements of the Sister City relationship are to remain noncontroversial and will maintain that historically controversial political issues play no part in this Sister City relationship
7. The effective term for this MOU shall be for three years following the date of execution.
Prior to expiration of the MOU the Sister City relationship shall be renewed by the City Council of the City of Marina and representatives of __________________ to evaluate the progress of the relationship and recommend whether the relationship shall continue.
8. This MOU represents the entire agreement between the cities. It may not be changed or modified without a resolution signed by City officials from both participating Cities.
These two Cities hereby execute the MOU to expire within three years from the noted date(s).
__________________,
On its behalf
City of Marina,
On its behalf
____________________________
(City official)
Date signed:
____________________________
Bruce C. Delgado, Mayor
Date signed:
EXHIBIT C
39