3 EXHIBIT A
STREETS SELECTED FOR TREATMENT - FY 23/24
Scenario: FY 23/24
Streets Selected for Treatment
Street Name Begin Location End Location Area PCI Before PCI After Cost Treatment AARON WAY CARDOZA AVE ABDY WY 26580 82 89 11,146.75 Slurry Seal ALPHA ST IMJIN RD END 6270 67 76 2,629.42 Slurry Seal BAYER DR MELVILLE RD END 15688 85 92 6,579.01 Slurry Seal BRAVO ST IMJIN RD END 6192 69 78 2,596.71 Slurry Seal CHARLIE ST IMJIN RD EAST END 9450 63 73 3,963.01 Slurry Seal COSTA DEL MAR RD DE FOREST RD CRESCENT AVE 31746 83 90 13,313.19 Slurry Seal COSTA DEL MAR RD CRESCENT AVE END 7161 82 89 3,003.08 Slurry Seal DIANA PL Lynscott Dr END 7975 85 92 3,344.44 Slurry Seal ELEVENTH ST Twelfth St Thirteen St 16244 63 73 6,812.18 Slurry Seal ELM AVE Palm Ave Carmel Ave 12448 63 73 5,220.27 Slurry Seal ESTRELLA DEL MAR WAY Quebrada Del Mar Rd END 25086 82 89 10,520.21 Slurry Seal FERRIS AVE Sunrise Cir Jean St 20739 84 91 8,697.23 Slurry Seal GARY CIR Ferris Ave END 3800 82 89 1,593.59 Slurry Seal GEORGE WY Vista Del Camino Cir De Forest Rd 9889 83 90 4,147.11 Slurry Seal GRANT ST Seeno Cir Owen Ave 8835 84 91 3,705.10 Slurry Seal HARRIS CT Owen Ave END 8125 84 91 3,407.35 Slurry Seal HILO AVE Lake Dr Ninol Dr 36408 64 74 15,268.27 Slurry Seal ISLA DEL SOL WY Quebrada Del Mar Rd Estrella Del Mar Way 13912 83 90 5,834.22 Slurry Seal LYNSCOTT DR Carmel Ave Reservation Rd 60125 82 90 25,214.38 Slurry Seal MARINA DR Palm Ave SOUTH END 29760 63 73 12,480.33 Slurry Seal MARINA DR BEACH RD 125 S/O LILLIAN PL 28315 82 89 11,874.35 Slurry Seal MARTIN CIR S CDS VISTA DEL CAMINO 12741 85 92 5,343.14 Slurry Seal MELVILLE AVE Jean St Bayer Dr 16275 85 91 6,825.18 Slurry Seal MICHAEL DR E END @ MICHELLE CT 137' N/O SEAN CT 17390 85 91 7,292.77 Slurry Seal MICHELLE CT Michael Dr END 14477 81 89 6,071.16 Slurry Seal NEESON RD IMJIN PARKWAY 163 W/O ELM ST 12818 61 71 5,375.43 Slurry Seal OWEN AVE Grant St Reindollar Ave 16988 86 92 7,124.19 Slurry Seal SAN PABLO CT Marina Dr END 6831 85 92 2,864.69 Slurry Seal SEASIDE CIR Reservation Rd END 36960 63 73 15,499.76 Slurry Seal SEENO CIR Grant St END 7325 83 90 3,071.86 Slurry Seal Slurry Seal Subtotal: 220,818.39
Program Year 23/24 Total: 10,328,408.39
4 EXHIBIT A
STREETS SELECTED FOR TREATMENT - FY 24/25
Scenario: FY 24/25
Streets Selected for Treatment
Street Name Begin Location End Location Area PCI Before PCI After Cost Treatment BEACH RD RESERVATION RD 436' W/O MARINA DR 24492 42 100 134,706.00 2" OVERLAY BELLE DR CARDOZA AVE END 22537 40 100 93,904.17 2" OVERLAY CALIFORNIA AVE CARMEL AVE RESERVATION RD 75264 63 100 317,781.33 2" OVERLAY CARMEL AVE SEACREST AVE ZANETTA DR 40040 44 100 220,220.00 2" OVERLAY CRESCENT ST Patton Parkway Reindollar Ave 26862 46 100 111,925.00 2" OVERLAY DE FOREST RD Reservation Rd 304 N/O OAK CIR 65712 50 100 361,416.00 2" OVERLAY DE FOREST RD 304 N/O OAK CIR Beach Rd 38776 45 100 213,268.00 2" OVERLAY DUNES CT Reservation Rd North City Limit 94826 46 100 395,108.33 2" OVERLAY EDDY ST CONCORD CT SOUTH CDS 7272 46 100 30,300.00 2" OVERLAY EXETER PL California Ave END 13826 47 100 57,608.33 2" OVERLAY FEHRING PL Messinger Dr END 7192 45 100 29,966.67 2" OVERLAY FITZGERALD CIR Beach Rd END 21421 40 100 89,254.17 2" OVERLAY FOREST CIR Bayer St END 14849 48 100 61,870.83 2" OVERLAY GREENBROOK PL Lakewood Dr END 7695 46 100 32,062.50 2" OVERLAY HILLCREST AVE WEST END 138' W/O OWEN AVE 29341 70 100 123,884.22 2" OVERLAY HILLCREST AVE VAUGHNAN AVE 120 E/O OTTO DR 36852 50 100 202,686.00 2" OVERLAY JOHNSON PL Tallmon St END 6825 48 100 28,437.50 2" OVERLAY KAILUA CR Ninole Dr END 9455 45 100 39,395.83 2" OVERLAY LAKE DR MESSINGER DR RESERVOIR RD 43993 45 100 241,961.50 2" OVERLAY LAKEWOOD DR DREW ST CARDOZA AVE 24640 43 100 102,666.67 2" OVERLAY LAKEWOOD DR CARDOZA AVE ABDY WY 24320 44 100 101,333.33 2" OVERLAY LAVELL CT Salinas Ave END 5925 48 100 24,687.50 2" OVERLAY LEWIS PL Barrett Ln END 29605 44 100 123,354.17 2" OVERLAY LIBERTY CT INDEPENDENCE AVE LIBERTY CT 7223 46 100 30,095.83 2" OVERLAY LIEVRY WAY Parson Cir END 21793 49 100 90,804.17 2" OVERLAY MAGYAR PL Messinger Dr END 11501 44 100 47,920.83 2" OVERLAY MESSINGER DR SHOEMAKER PL LAKE DR (N) 28120 41 100 117,166.67 2" OVERLAY PENINSULA DR VISTA DEL CAMINO EUCALYPTUS ST 14477 41 100 60,320.83 2" OVERLAY REDWOOD DR Reindollar Ave Hillcrest Ave 18828 47 100 78,450.00 2" OVERLAY SILVERWOOD PL Cardoza Ave END 8964 45 100 37,350.00 2" OVERLAY SUNRISE PL Sunrise Ave END 17760 45 100 74,000.00 2" OVERLAY TAMARA CT California Ave END 3052 50 100 12,716.67 2" OVERLAY TWELFTH ST Eleventh St Fourth Ave 57913 46 100 318,521.50 2" OVERLAY VISTA DEL CAMINO Reservation Rd PENINSULA DR 37820 47 100 208,010.00 2" OVERLAY WEBER CIR Zanetta Dr END 9450 49 100 39,375.00 2" OVERLAY WINDSOR CT California Ave END 13981 46 100 58,254.17 2" OVERLAY HAYES CIR Third Ave Booker St 36477 50 100 156,547.12 2" OVERLAY KENNEDY CT Reindollar Ave SOUTH END 26505 50 100 113,750.62 2" OVERLAY NEESON RD INDIA ST W END 32700 48 100 140,337.50 2" OVERLAY ORA CT Cardoza Ave END 8910 50 100 38,238.75 2" OVERLAY REINDOLLAR AVE MAX CIR VAUGHN AVE 42550 47 100 241,045.75 2" OVERLAY 2" Overlay Subtotal: 5,000,703.46
5 EXHIBIT A
STREETS SELECTED FOR TREATMENT - FY 24/25
Scenario: FY 24/25
Streets Selected for Treatment
Street Name Begin Location End Location Area PCI Before PCI After Cost Treatment PARK CIR De Forest Rd END 14175 23 100 167,091.75 Full Reconstruction INDEPENDENCE AVE Reindollar Ave SOUTH END 27094 24 100 319,378.05 Full Reconstruction EDDY CIR Reindollar Ave NORTH END 7975 24 100 91,269.44 Full Reconstruction EIGHTH ST CUTOFF Sixth Ave INTERGARRISON RD 36204 0 100 414,334.67 Full Reconstruction FOURTH AVE Imjin Parkway Twelfth St 21375 10 100 244,625.00 Full Reconstruction MacARTHUR DR Abrams Dr 17th Reg Ct Including Kwajalein Ct 39192 1 100 448,530.67 Full Reconstruction MILRAY CT Redwood Dr END 5184 25 100 59,328.00 Full Reconstruction REAMS CT Belle Dr END 4320 24 100 49,440.00 Full Reconstruction Full Reconstruction Subtotal: 1,793,997.58
Street Name Begin Location End Location Area PCI Before PCI After Cost Treatment HILLCREST AVE 120 E/O OTTO DR REDWOOD DR 17242 68 77 9,866.26 MICROSURFACING IMJIN PARKWAY SR 1 SECOND AVE 46398 84 91 18,584.98 MICROSURFACING IMJIN PARKWAY SECOND AVE THIRD AVE 39900 84 91 15,982.17 MICROSURFACING IMJIN PARKWAY THIRD AVE FOURTH AVE 35790 84 91 14,335.88 MICROSURFACING IMJIN PARKWAY FOURTH AVE CALIFORNIA AVE 34620 84 91 13,867.23 MICROSURFACING IMJIN PARKWAY CALIFORNIA AVE ABRAMS DR (W) 40440 84 91 16,198.47 MICROSURFACING IMJIN PARKWAY ABRAMS DR (W) IMJIN RD 31200 84 91 12,497.33 MICROSURFACING IMJIN PARKWAY IMJIN RD ABRAMS DR (W) 29120 84 91 11,664.18 MICROSURFACING IMJIN PARKWAY ABRAMS DR (W) CALIFORNIA AVE 40440 86 92 16,198.47 MICROSURFACING IMJIN PARKWAY THIRD AVE SECOND AVE 39900 82 90 16,461.63 MICROSURFACING IMJIN PARKWAY SECOND AVE SR 1 36630 78 86 15,112.52 MICROSURFACING IMJIN RD RESERVATION RD UNIVERSITY DR 56000 62 72 31,111.11 MICROSURFACING LAKE DR LAKE CT 270 S/O PALM AVE 25110 80 87 10,057.95 MICROSURFACING PATTON PARKWAY W END CRESCENT AVE 20160 85 92 8,075.20 MICROSURFACING PATTON PARKWAY CRESCENT AVE 1165' W/O CALIFORNIA AVE 38425 85 92 15,391.35 MICROSURFACING PATTON PARKWAY 1165' W/O CALIFORNIA AVE CALIFORNIA AVE 25630 85 92 10,266.24 MICROSURFACING PAUL DAVIS DR Healy Ave Marina Greens Dr 42365 80 87 16,969.54 MICROSURFACING REINDOLLAR AVE SUNSET AVE MAX CIR 47730 64 74 26,516.67 MICROSURFACING RESERVATON RD STATE BEACH LOT DUNES DR 15714 66 75 8,730.00 MICROSURFACING RESERVATON RD BEACH RD SEASIDE CT 85360 64 74 47,422.22 MICROSURFACING RESERVATON RD 630' E/O CRESCENT AVE CALIFORNIA AVE 76604 65 75 42,557.78 MICROSURFACING RESERVATON RD SALINAS AVE CALIFORNIA AVE 101640 66 75 56,466.67 MICROSURFACING RESERVATON RD CALIFORNIA AVE 630' E/O CRESCENT AVE 76604 69 78 42,557.78 MICROSURFACING RESERVATON RD MBEST DR IMJIN PKWY 80040 66 75 44,466.67 MICROSURFACING RESERVATON RD ROBIN DR SEASIDE CT 31084 85 92 12,450.87 MICROSURFACING RESERVATON RD 630' E/O CRESCENT AVE CRESCENT AVE 23940 82 89 9,589.30 MICROSURFACING SECOND AVE GENERAL STILLWELL DR 415 S/O GENERAL STILLWELL DR 9130 64 74 5,072.22 MICROSURFACING THIRD AVE TENTH ST IMJIN PKWY 40936 68 77 22,742.22 MICROSURFACING Microsurfacing Subtotal: 571,212.91
Program Year 24/25 Total: 7,365,913.95
6 EXHIBIT A
STREETS SELECTED FOR TREATMENT - FY 25/26
Scenario: FY 25/26
Streets Selected for Treatment
Street Name Begin Location End Location Area PCI Before PCI After Cost Treatment BAYER ST CARMEL AVE RESERVATION RD 55648 19 100 721,562.88 Full Reconstruction CARMEL AVE DEL MONTE BLVD SUNSET AVE 34600 8 100 448,642.82 Full Reconstruction CARMEL AVE SUNSET AVE SEACREST AVE 28400 6 100 368,250.18 Full Reconstruction CARMEL AVE ZANETTA DR CRESCENT AVE 45660 8 100 592,052.93 Full Reconstruction PALM AVE DEL MONTE BLVD ELM AVE 14560 21 100 188,793.05 Full Reconstruction Full Reconstruction Subtotal: 2,319,301.86
Street Name Begin Location End Location Area PCI Before PCI After Treatment BEACH RD 347' E/O MELANIE RD DEFOREST RD 23730 70 100 106,295.11 2" OVERLAY CARMELO CIR CARMEL AVE END 18197 50 100 80,438.32 2" OVERLAY DEL MONTE BLVD 518' N/O BEACH RD BEACH RD 12950 62 100 60,297.43 2" OVERLAY ECHO ST Neeson Rd Delta St 8358 48 100 36,945.84 2" OVERLAY LAKE DR 270 S/O PALM AVE PALM AVE 10260 49 100 59,866.59 2" OVERLAY NEESON RD 163 W/O ELM ST INDIA ST 30075 49 100 132,944.03 2" OVERLAY RESERVATON RD Del Monte Blvd Seacrest Ave 43200 63 100 201,146.64 2" OVERLAY 2" Overlay Subtotal: 677,933.96
Street Name Begin Location End Location Area PCI Before PCI After Treatment BARRETT LN CARMEL AVE END 12025 66 76 26,722.22 CAPE SEAL WITH DIGOUTS FREDRICK CIR Hillcrest Ave END 7575 61 72 17,858.48 CAPE SEAL WITH DIGOUTS Cape Seal Subtotal: 44,580.70
Street Name Begin Location End Location Area PCI Before PCI After Treatment BEACH RD DEL MONTE BLVD 347' E/O MELANIE RD 72261 90 95 29,812.88 MICROSURFACING CALIFORNIA AVE IMJIN PKWY MARINA HEIGHTS DR 51376 88 94 21,196.31 MICROSURFACING CALIFORNIA AVE MARINA HEIGHTS DR PATTON PKWY 44712 88 94 18,446.93 MICROSURFACING CALIFORNIA AVE PATTON PKWY REINDOLLAR AVE 35122 88 94 14,490.36 MICROSURFACING CARMEL AVE CRESCENT AVE VAUGHAN AVE 17131 88 94 7,067.77 MICROSURFACING CARMEL AVE CALIFORNIA AVE 316 E/O CALIFORNIA AVE 11692 89 95 4,823.79 MICROSURFACING CRESCENT AVE CARMEL AVE RESERVATION RD 68625 88 94 28,312.77 MICROSURFACING CRESCENT AVE RESERVATION RD 141 FT S/O SIRENA DEL MAR 113948 88 94 47,011.78 MICROSURFACING CRESCENT AVE 141 FT S/O SIRENA DEL MAR NORTH END 44896 88 94 18,522.84 MICROSURFACING FIFTH AVE S END EIGHTH ST 37440 72 81 15,446.70 MICROSURFACING HILLCREST AVE Zanetta Dr Vaughan Ave 64565 86 92 26,637.73 MICROSURFACING REINDOLLAR AVE Vaughan Ave Ellen Ct 20192 88 94 8,330.66 MICROSURFACING REINDOLLAR AVE Ellen Ct California Ave 48507 88 94 20,012.64 MICROSURFACING RESERVATON RD DEL MONTE BLVD SEACREST AVE 43200 76 84 17,823.12 MICROSURFACING RESERVATON RD CRESCENT AVE 630' E/O CRESCENT AVE 20790 75 84 8,577.38 MICROSURFACING SECOND AVE INTER-GARRISON RD SOUTH CITY LIMIT 19248 70 79 7,941.19 MICROSURFACING VAUGHAN AVE Reindollar Ave Hillcrest Ave 23374 88 94 9,643.46 MICROSURFACING Microsurfacing Subtotal: 304,098.31
Cost
Cost
Cost
7 EXHIBIT A
STREETS SELECTED FOR TREATMENT - FY 25/26
Scenario: FY 25/26
Streets Selected for Treatment
Street Name Begin Location End Location Area PCI Before PCI After Treatment ALEXIS CT REINDOLLAR AVE END 9585 61 71 4,019.62 SLURRY SEAL BEGONIA CIR MICHAEL DR END 14787 60 71 6,201.16 SLURRY SEAL BOSTICK AVE 113' N/O LARSON CT ALEXIS CT 18352 62 72 7,696.20 SLURRY SEAL BOSTICK AVE ALEXIS CT CARMEL AVE 16095 83 90 6,749.69 SLURRY SEAL DOLPHIN CIR Cardoza Ave LOOP END 59052 83 90 24,764.40 SLURRY SEAL HARBEN CIR Michael Dr END 15469 68 77 6,487.17 SLURRY SEAL KING CIR Reindollar Ave SOUTH END 27125 83 90 11,375.30 SLURRY SEAL NINOLE DR SOUTH END Hilo Ave NORTH 25419 69 78 10,659.86 SLURRY SEAL PACIFIC CT Abdy Way END 12028 82 89 5,044.13 SLURRY SEAL SEAL CT Cove Way END 9984 62 72 4,186.95 SLURRY SEAL SELLS CT Michael Dr END 4590 70 79 1,924.89 SLURRY SEAL STEVEN CT Belle Dr END 15407 60 71 6,461.17 SLURRY SEAL TRACY CT Aaron Way END 8621 61 71 3,615.35 SLURRY SEAL VAUGHAN AVE Hillcrest Ave Carmel Ave 23126 84 91 9,698.26 SLURRY SEAL Slurry Seal Subtotal: 108,884.17
Program Year 25/26 Total: 3,454,799.00
Cost
8 June 13, 2023 Item No. 13b
Honorable Mayor and Members City Council Meeting of
of the Marina City Council June 20, 2023
CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 20 23-,
ADOPTING A N UPDATED LIST OF PROJECTS FOR FISCAL YEAR
2023-24 FUNDED BY SB 1: THE RO AD REPAIR AND
ACCOUNTABILITY ACT OF 2017
RECOMMENDATION:
It is rec ommended that the City Council c onsider adopting Resolution No. 2023-, adopting an updated list of projects for Fiscal Year 2023-24 funded by SB 1: The Road Repair and Accountability Act of 2017.
BACKGROUND:
On April 28, 2017 the Governor signed Senate Bill 1 (Beall, Chapter 5, Statutes of 2017), which is known as the Road Repair and Accountability Act of 2017. To address basic road maintenance, rehabilitation and critical safety n eeds on both the state hi ghway and local streets and road system, Senate Bill 1 (SB 1): increases per gallon fuel excise taxes; increases diesel fuel sales taxes and vehicle registration fees; and provides for inflationary adjustments to tax rates in future years.
The Road Repair and Accountability Act of 2017 provides $5.2 billion annually and is a significant investment in California’s transportation infrastructure. The bill provides $15 billion for local streets and roads over the next ten years. Monterey County's share of the local streets and roads funding is approximately $16.2 million in fiscal year 2022/23.
Beginning November 1, 2017, the State Controller deposits various portions of this new funding into the newly created Road Maintenance and Reha bilitation Account (RMRA). A percentage of this new RMRA funding is apportioned by formula to eligible cities and counties for basic road maintenance, rehabilitation, and critical safety projects on the local streets and roads system.
Prior to receiving an apportionment of RMRA funds from the State Controller in a fiscal year, a city or county must submit to the California Transportation Commission a list of projects proposed to be funded with these funds. All projects proposed to receive funding must be adopted by resolution by t he applicable city council or county board of supervisors at a regular public meeting. The list of projects must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the es timated useful lif e of the improvement. This report is due to the California Transportation Commission by July 1st of each year.
In addition to the project list report, for each fiscal year in which RMRA funds are received and expended, cities and co unties must submit docum entation to the California Transportation Commission that details the expenditure of all RMRA funds, including a description and location of each completed project, the amount of funds expended on the project, the completion date, and th e estimated useful life of the improvement. This report on expenditures is due to the California Transportation Commission by October 1st of each year. 1 ANALYSIS:
As part of the City’s Pavement Management Program’s annual street maintenance project budget, the City has deve loped a fiscal year project list that will utilize the RMRA funds to supplement the financing of project administration and construction. This project list is substantially consistent with funding appropriations previously approved by the Council for Capital Improvement Program (CIP) Annual Street Resurfacing. The City Council can add more streets to the Annual Street Resurfacing street segment list at a later date as a result of the budget approval process for Fiscal Year 23/24.
The proposed list (“EXHIBIT A ”) is a representation of the City’s intent for roadway maintenance projects to the California Transp ortation Commission to fulfill its annual reporting requirements and can be amended after submission . This action onl y pertains to the p roposed expenditure of RMRA funds for the fiscal year 202 3-2024. Once adopted, staff will enter the project list into the State SB1 Programs Project Intake website prior to the July 1st deadline.
FISCAL IMPACT:
Should the City Council a pprove this request, the entry of the City’s proposed project list wil l allow the City to receive an estimated $527,812 of SB 1 revenue. The submission of the project list is a declaration of intent to the California Transporta tion Commission that the City will dedicate the RMRA funds towards roadway maintenance.
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
ADOPTING A LIST OF PROJECTS FOR FISCAL YEAR 2023-24 FUNDED BY SB 1: THE ROAD REPAIR AND ACCOUNTABILITY ACT OF 2017
WHEREAS, Senate Bill 1 (SB 1), the Road Repair and Accountability Act of 2017 ( Chapter 5, Statutes of 2017) was passed by the Legislature and Signed into law by the Governor in April 2017 to address the significant multi-modal transportation funding shortfalls statewide; and
WHEREAS, SB 1 includes accoun tability and transparency pr ovisions that will ensure the residents of our City are aware of the projects proposed for funding in our community and which projects have been completed each fiscal year; and
WHEREAS, the City must adopt by resolution a list of projects proposed to rece ive fiscal year funding from the Road Maintenance and Rehabilitation Account (RMRA), created by SB 1, which must include a description and the location of each proposed project, a proposed schedule for the project’s completion, and the estimated useful life of the improvement; and
WHEREAS, the City, will receive an estimated $527,812 in RMRA funding in Fiscal Year 2023-24 from SB 1; and
WHEREAS, this is the seventh year in which the City is receiving SB 1 funding and will enable the City to continue essential road maintenance and rehabilitation projects, safety improvements, repairing and replacing aging bridges, and increasing access and mobi lity options for the traveling public that would not have otherwise been possible without SB 1; and
WHEREAS, the City has p resented pavement rehabilitation scenarios at public meetings to ensure public input into our community’s project list; and
WHEREAS, the City used a Pavement Management System to develop the SB 1 project list to ensure revenues are being used on the most high-priority and cost -effective projects that also meet the communities priorities for transportation investment; and
WHEREAS, the funding from SB 1 will help the City maintain and rehabilitate 20 lane miles throughout the City this year and similar projects into the future; and
WHEREAS, the 2018 California Statewide Local Streets and Roads Needs Asses sment found that the City ’s s treets and roads are in an “at -risk” condition and this revenue will help us increase the overall quality of our road system and over the next decade will bring our streets and roads into a “good” condition; and
WHEREAS, the SB 1 project list and overall investment in our local streets and roads infrastructure with a focus on basic maintenance and safety, investing i n c omplete streets infrastructure, and using cutting -edge technology, materials and practices, will have significant positive co-benefits statewide.
3 Resolution No. 2023-
Page Two
NOW, THEREFORE IT IS HEREBY RESOLVED, ORDERED AND FOUND by the City Council of the City of Marina, State of California, as follows:
1. The foregoing recitals are true and correct.
2. The following list of newly proposed projects will be funded in-part or solely with Fiscal Year 2023-24 Road Maintenance and Rehabilitation Account revenues:
Project Title: APR1801 Annual Street Resurfacing, Phase 1 Project Description: Phase 1 – Full Reconstruction
Project Location: Various Locations (See Exhibit A)
Estimated Project Schedule: Start (04/24)– Completion (08/24) based on the component being funded with RMRA funds
Estimated Project Useful Life: 25yrs
Project Title: APR1801 Annual Street Resurfacing, Phase 2 Project Description: Phase 2 – Slurry Sealing
Project Location: Various Locations (See Exhibit A)
Estimated Project Schedule: Start (05/24)– Completion (07/24) based on the component being funded with RMRA funds
Estimated Project Useful Life: 10yrs
PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting held on the 20th day of June 2023 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
_____________________________
Bruce C. Delgado, Mayor
ATTEST:
___________________________
Anita Sharp, Deputy City Clerk
4 EXHIBIT A
SB 1 PROJECT LIST FOR CTC
Scenario: FY 23/24
St
reets Selected for Treatment
Project Description:
Location:
Usefull Life: Reconstruction, 20 to 25 years; Microsurfacing and Slurry Seal, 5 to 10 years Completion: Project Phase 1: April through August 2024 Project Phase 2: May through July 2024 RoadName BegLocation EndLocation Treatment Useful Life (Yrs) PCI Prior PCI Treated TreatmentCost Cost
ABDY WAY SW END CARDOZA AVE Full Reconstruction 25 1 100 117 211,640.00 ABDY WAY CARDOZA AVE HEALY AVE Full Reconstruction 25 21 100 117 697,080.00 ANDREW CIR LYNSCOTT DR END Full Reconstruction 25 0 100 117 164,250.00 COSKY DR DEL MONTE BLVD MICHAEL DR Full Reconstruction 25 0 100 117 529,470.00 COSKY DR MICHAEL DR COSKY DR Full Reconstruction 25 7 100 117 772,200.00 CRIVELLO RD Lynscott Dr END Full Reconstruction 25 0 100 117 355,725.00 DREW ST WEST ABDY WY 480' N/O ADBY WY F ull Reconstruction 25 11 100 117 172,800.00 ELBA CIR Everett Cir END Full Reconstruction 25 2 100 117 125,250.00 ELLEN CT Reservation Rd END Full Reconstruction 25 0 100 117 369,210.00 EUCALYPTUS ST Reservation Rd Private Road Full Reconstruction 25 19 100 117 182,250.00 EVERETT CIR Carmel Ave END Full Reconstruction 25 16 100 117 282,255.00 EVERETT DR Carmel Ave Vaughan Ave Full Reconstruction 25 0 100 117 495,225.00 GLORIA CIR Sunrise Cir END Full Reconstruction 25 0 100 117 173,625.00 GRANT ST Owen Ave Talcott Ave Full Reconstruction 25 21 100 117 268,770.00 HIBBING CIR Zanetta Dr END Full Reconstruction 25 6 100 117 282,720.00 JEAN CIR Jean St END Full Reconstruction 25 5 100 117 101,625.00 JERRY CT California Ave END Full Reconstruction 25 8 100 117 58,725.00 LARSON CT Reindollar Ave END Full Reconstruction 25 20 100 117 162,750.00 MARINA DR Paddon Pl Palm Ave Full Reconstruction 25 6 100 117 810,810.00 MARSAN CT Salinas Ave WEST END Full Reconstruction 25 0 100 117 66,000.00 MICHAEL DR BEACH RD BEG0NIA CIR Full Reconstruction 25 21 100 117 133,200.00 O'SULLIVAN CT California Ave END Full Reconstruction 25 2 100 117 58,320.00 PEPPERTREE PL Cardoza Ave END Full Reconstruction 25 17 100 117 100,440.00 WHITE CIR Whitney Pl END Full Reconstruction 25 11 100 117 131,250.00 MICHAEL DR BEGONIA CIR 141'N/O HARBEN CIR F ull Reconstruction 25 10 100 117 756,465.00 MORTIMER LN Del Monte Blvd END Full Reconstruction 25 0 100 117 554,925.00 PADDON PL Lake Dr Marina Dr Full Reconstruction 25 0 100 117 403,155.00 PLEASANT CIR Carmel Ave END Full Reconstruction 25 1 100 117 280,395.00 REDWOOD CIR Carmel Ave NORTH END Full Reconstruction 25 9 100 117 293,415.00 RIDGEVIEW AVE Bostick Ave Bayer Dr Full Reconstruction 25 8 100 117 238,650.00 WHITNEY PL CRESCENT AVE WHITE CIR Full Reconstruction 25 18 100 117 120,435.00 WHITNEY PL WHITE CIR END Full Reconstruction 25 8 100 117 124,020.00 ZANETTA DR Hillcrest Ave Carmel Ave Full Reconstruction 25 0 100 117 630,540.00 Project/Phase 1 - Reconstruction Total: 10,107,590.00
The Annual Street Resurfacing Projects will be c onstructed in two project phases, to include:
(1) Full Reconstruction of Failed Streets, and (2) Slurry Treatment of existing pavement.
Several locations throughout the City have been identified as in need of these improvements. Segments from Abdy Way, Peppertree Circle, and Barrett Lane are being considered to receive the proposed treatments in the annual projects.
5 EXHIBIT A
SB 1 PROJECT LIST FOR CTC
Scenario: FY 23/24
Streets Selected for Treatment
RoadName BegLocation EndLocation Treatment Useful Life (Yrs) PCI Prior PCI Treated TreatmentCost Cost
AARON WAY CARDOZA AVE ABDY WY Slurry Seal 10 82 89 4 11,146.75 ALPHA ST IMJIN RD END Slurry Seal 10 67 76 4 2,629.42
BAYER DR MELVILLE RD END Slurry Seal 10 85 92 4 6,579.01 BRAVO ST IMJIN RD END Slurry Seal 10 69 78 4 2,596.71
CHARLIE ST IMJIN RD EAST END Slurry Seal 10 63 73 4 3,963.01 COSTA DEL MAR RD DE FOREST RD CRESCENT AVE Slurry Seal 10 83 90 4 13,313.19 COSTA DEL MAR RD CRESCENT AVE END Slurry Seal 10 82 89 4 3,003.08 DIANA PL Lynscott Dr END Slurry Seal 10 85 92 4 3,344.44 ELEVENTH ST Twelfth St Thirteen St Slurry Seal 10 63 73 4 6,812.18 ELM AVE Palm Ave Carmel Ave Slurry Seal 10 63 73 4 5,220.27 ESTRELLA DEL MAR WAY Quebrada Del Mar Rd END Slurry Seal 10 82 89 4 10,520.21 FERRIS AVE Sunrise Cir Jean St Slurry Seal 10 84 91 4 8,697.23 GARY CIR Ferris Ave END Slurry Seal 10 82 89 4 1,593.59 GEORGE WY Vista Del Camino Cir De Forest Rd Slurry Seal 10 83 90 4 4,147.11 GRANT ST Seeno Cir Owen Ave Slurry Seal 10 84 91 4 3,705.10 HARRIS CT Owen Ave END Slurry Seal 10 84 91 4 3,407.35
HILO AVE Lake Dr Ninol Dr Slurry Seal 10 64 74 4 15,268.27 ISLA DEL SOL WY Quebrada Del Mar Rd Estrella Del Mar Way Slurry Seal 10 83 90 4 5,834.22 LYNSCOTT DR Carmel Ave Reservation Rd Slurry Seal 10 82 90 4 25,214.38 MARINA DR Palm Ave SOUTH END Slurry Seal 10 63 73 4 12,480.33 MARINA DR BEACH RD 125 S/O LILLIAN PL Slurry Seal 10 82 89 4 11,874.35 MARTIN CIR S CDS VISTA DEL CAMINO Slurry Seal 10 85 92 4 5,343.14 MBEST DR Reservation Rd NORTH END Slurry Seal 10 82 89 4 13,645.33 MELVILLE AVE Jean St Bayer Dr Slurry Seal 10 85 91 4 6,825.18 MICHAEL DR E END @ MICHELLE CT 137' N/O SEAN CT Slurry Seal 10 85 91 4 7,292.77 MICHELLE CT Michael Dr END Slurry Seal 10 81 89 4 6,071.16 NEESON RD IMJIN PARKWAY 163 W/O ELM ST Slurry Seal 10 61 71 4 5,375.43 OWEN AVE Grant St Reindollar Ave Slurry Seal 10 86 92 4 7,124.19 SAN PABLO CT Marina Dr END Slurry Seal 10 85 92 4 2,864.69 SEASIDE CIR Reservation Rd END Slurry Seal 10 63 73 4 15,499.76 SEENO CIR Grant St END Slurry Seal 10 83 90 4 3,071.86
WILSON CT Abrams Dr SOUTH END Slurry Seal 10 78 86 4 10,105.04 Project/Phase 2 - Slurry Seal Total: 244,568.76
FY 23/24 Program (Phase 1 & 2) Total: 10,352,158.76
6 May 31, 2023 Item No. 13c
Honorable Mayor and Members
of the Marina City Council
City Council Meeting
of June 20, 2023
CITY COUNCIL CONSIDER ADOPTING RESOLUTION 2023- ,
AMENDING THE CITY’S RULES AND PROCEDURES FOR THE
CONDUCT OF MEETINGS
REQUEST:
It is requested the City Council consider:
1. Adopting Resolution No. 2023- , which further amends the Rules and Procedures for the Conduct of Meetings (EXHIBIT 1).
BACKGROUND:
On December 12, 1980, the City Council adopted Resolution No. 80-71, “Establishing the Rules and Procedures for the Conduct of Meetings of the City Council” (“Rules and Procedures”). The Rules and Procedures govern Council conduct, and include provisions for setting meetings, order of the agendas, Council debate, and conflicts of interest. Council directed staff to bring forward proposals regarding the Rules and Procedures to increase public engagement and improve meeting efficiency. At its meeting on November 15, 2022, the Council approved Resolution 2022-138, authorizing revisions to the Rules and Procedures. A link to the staff report can be found at: https://www.cityofmarina.org/AgendaCenter/ViewFile/Agenda/_11152022-377.
DISCUSSION:
The City Council has been successfully implementing the new Rules and Procedures, and some additional changes have been proposed to increase meeting efficiency, and address new concerns.
A. Paragraph 7 – Council Correspondence
From time to time, Council Members have prepared written comments or presentations in regard to meeting agenda items. Providing materials in advance of the meeting would allow City staff the opportunity to make copies, review and/or respond if needed, and ensure any technical difficulties are addressed. Proposed language regarding such a policy is shown in italicized text as follows:
7. Council Correspondence.
c) Council members providing written comments or materials regarding agenda items must provide such materials to the City Clerk no later than 10:00 a.m. the day of the Council meeting.
Council Members must keep in mind that their written comments should not be distributed to other Council Members outside of the public meeting.
1 Paragraph 8 - Consideration and Sequence of Agenda Items In November, Council also approved changes to 8 c) regarding the sequence of an agenda item.
Once the agenda item is presented by staff and the applicant/proponent, if any, the matter should be referred to the public for comment. Prior to public comment, the Council agreed that the only questions from Council would be “technical questions” that are imperative to understanding of the presentation and matter before Council, e.g., “Is the contract for two or three years?” or “Is the not-to-exceed amount of $50,000 correct?” All other questions (and discussion) by Council should be deferred until after the public has had the opportunity to provide input. In practice, the questions typically segue into extended discussion prior to soliciting the public comment.
Proposed modifications to the sequence are shown in strike-out text below:
c) The following shall be the procedure for consideration and sequence of each Agenda Item, including Public Hearings:
1. Mayor Introduces the Agenda Item
2. City Manager/Executive Director (or designee/Council Member) Presents Staff Report
3. Applicant/proponent, when appropriate, up to ten (10) minutes (at Presiding Officer’s discretion)
4. City Council Clarifying Technical Questions of Staff and Applicant/Proponent
4. Public Comments
5. Mayor Closes Public Hearing/Public Comments
6. Council Discussion
7. Council Motion and Brief Comment (1 minute each)
8. Council Vote
B. Paragraph 9 – Preparation of the Minutes
Council approved “action” minutes, which is recommended by Robert’s Rules of Order. Action minutes will reduce staff time and effort required to prepare detailed minutes, which are no longer needed given current Council meetings are recorded and available through AMP and YouTube. Paragraph 9 of the Rules was modified accordingly. Council directed staff to come back with guidelines and samples for action minutes. A sample is attached as EXHIBIT 2.
Guidelines can be developed as experience is gained in creating action minutes.
C. Paragraph 13 – Debate
To enhance equitable debate, and manage time more efficiently, Council approved a modification to the Rules to limit the initial comment period by Councilmembers to five (5) minutes. However, Council may have intended the five (5)-minute limit to apply to those Councilmembers participating in additional rounds of discussion. Proposed deletions are noted in strikeout font; proposed additions are in italicized, underlined text:
13. Rules of Debate.
g) Limitation of Debate. No Council Member shall be allowed to speak more than once upon any particular subject until every other Council Member desiring to do so shall have spoken. During each the initial round of discussion, each Council Member shall be allowed to speak for up to five (5) minutes. 2 D. New Rule – Ex Parte Disclosure
Rules regulating disclosure of ex parte communications to decision makers have arisen from concerns regarding fairness and due process rights. An ex parte communication is any material or substantive oral or written communication with a Council Member that is relevant to an adjudicatory or quasi-judicial proceeding (such as a public hearing) that takes place outside of a noticed proceeding open to all parties. The same concerns do not apply with purely legislative proceedings such as adopting an ordinance.
Generally, quasi-judicial proceedings are identified by whether a) the matter requires advance notice and hearing; b) the decision must be based upon specific findings of fact; and c) the decision applies law to specific facts to make a determination of a specific person’s rights or interests.
Ex parte communications include oral and written information, but can also include other input, such as information obtained during a site visit. Non-substantive communications that do not include factual information to influence a Council Member do not violate due process.
Case law makes clear that pre-hearing disclosure of ex parte communications protects the due process rights of the non-present parties to the matter. The disclosure should be complete and detailed. Ex parte communications between the Council’s closure of public hearing and decision should be prohibited, i.e., the decision is delayed to a future meeting for example.
Language could be added to the Rules as a stand-alone rule, following conflicts of interest, and in regards to public hearings.
Proposed additions are shown in italicized text:
21. Ex Parte Communications for Quasi-Judicial Matters. On quasi-judicial matters, Councilmembers shall verbally disclose off the record contacts relating to the item, after the item is called and before Council consideration of the matter. Disclosure shall include the identity of an individual(s) with whom the Council Member had contact, and the nature of the contact. Written ex parte communications must be forwarded to the City Clerk so they can be provided to the entire Council and to the public. 301. Public Hearings. The following rules shall apply to all public hearings, except when proceedings are held under general laws of the State of California that require different procedures
a) The Mayor shall state the subject matter of the hearing and declare the public hearing open. Before doing so, they may determine whether or not there are proponents or opponents who wish to make presentations, how many persons wish to be heard, or other matters which may affect the conduct of the proceedings. The Mayor may impose and announce reasonable time limits on presentations or oral arguments by the public.
b) The City Manager or appropriate staff member shall give a factual summary of the matter.
c) Council Members shall disclose any ex parte communications. . . .
3 CEQA:
Adoption of Resolution 2023- , which amends the City’s Rules and is not subject to California Environmental Quality Act (CEQA) as it is not a “project” pursuant to Section 15378 of the CEQA Guidelines.
FISCAL IMPACT:
None identified.
CONCLUSION:
This request is submitted for City Council consideration and potential action.
Respectfully submitted,
Heidi A. Quinn
___________________________
Heidi Quinn
Interim City Attorney
City of Marina
4 RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA
AMENDING THE RULES AND PROCEDURES FOR THE CONDUCT OF
MEETINGS
WHEREAS, at the regular meeting of December 12, 1980, the City Council adopted Resolution No. 80-71 Establishing the Rules and Procedures for the Conduct of Meetings of the City Council (“Rules and Procedures”);
WHEREAS, the City Council previously amended the Rules and Procedures by adopting Resolution Nos. 85-1, 90-09, 91-17, 92-30, 94-15, 98-03, 99-01, 2001-106, 2009-41, 2011-32, 2011-33, 2011- 65, and 2019-107 (collectively, “Amendments”);
WHEREAS, at its meeting on November 15, 2022, the Council approved Resolution 2022-138 authorizing revisions to the Rules and Procedures;
WHEREAS, staff proposes further modifications to Rules and Procedures, as provided in Exhibit A attached hereto, specifically to Paragraph 7 regarding Council Correspondence, Paragra ph 8 regarding the Consideration and Sequence of Agenda Items, Paragraph 13 regarding Debate, and new Paragraph 21 regarding Ex Parte Disclosures; and
WHEREAS, amendment of the Rules and Procedures is not subject to California Environmental Quality Act (CEQA) as it is not a “project” pursuant to Section 15378 of the CEQA Guidelines.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARINA DOES HEREBY RESOLVE AS FOLLOWS:
Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.
Section 2. Rules and Procedures. The Rules and Procedures shall be modified as set forth in Exhibit A, RULES AND PROCEDURES FOR THE CONDUCT OF THE MEETINGS OF THE MARINA CITY COUNCIL AND AMENDMENTS, attached hereto and incorporated by reference.
Section 3. Effective Date of Resolution. This Resolution shall take effect on immediately upon its passage and adoption.
PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting held this 20th day of June 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
Exhibit 1
5 Adopted by Resolution No. 2023-
~ 1 ~
PROPOSED RULES AND PROCEDURES FOR
THE CONDUCT OF THE MEETINGS OF THE MARINA CITY COUNCIL
AND AMENDMENTS
1. Purpose. The purpose of these Rules is to establish the procedure for the presentation and determination of matters coming before the Marina City Council, to provide for the fair and efficient consideration of said matters, and to insure that the public is fully informed of the matters coming before the City Council and has an opportunity to witness the deliberations of the members thereof in the conduct of public business, and that proper public invo lvement in the deliberations of the council be encouraged.
2. Regular Meetings. The City Cou ncil shall hold regular meetings on the first and third Tuesday of each month convening at the hour of 5:00 p.m. if there is to be a closed session and convening in open session at the hour of 6:30 p.m. in the Council Chambers of City Hall, 211 Hillcrest Avenue in the City, or such other place within the City limits to which said meeting may be adjourned. If by reason of fire, flood or other emergency it shall be unsafe to meet in City Hall, the meetings may be held for the duration of the emergency at su ch other place and at such hour as is designated by the Mayor or, if he should fail to act, by three members of the City Council.
When the day for any regular meeting falls on a legal holiday, no meeting shall be held on such holiday, but a regular meeting shall be held at the same hour on the following business day.
3. Study Sessions . The City Council shall meet in a study session on the first and third Tuesdays of each month at the hour of 7:00 o’clock p.m. in the Council Chamber of the City Hall, or at su ch other place as may be determined by the Council, for the purpose of hearing reports from the staff and reviewing, discussing and debating matters of interest to the City. Such sessions shall be open to the public and press. No official action shall be taken at a study session; provided, however, that nothing herein shall be deemed to prevent the taking of an informal vote on any matter under discussion. The participation of the public in such sessions shall be subject to the discretion of the presiding officer.
4. Special Meetings. Special meetings may be called at any time by the mayor, or by three members of the City Council, by delivering personally or by mail written notice to each Council Member and to each local newspaper of general circulation, radio or television station requesting notice in writing. Such notice must be delivered personally or by mail at least twenty -four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the s pecial meeting and the business to be transacted. No other business shall be considered at such meetings. Such written notice may be dispensed with as to any Council Member who at or prior to the time the meeting convenes files with the City Clerk a written waiver of notice. Such waiver may be given by telegram. Such written notice may also be dispensed with as to any Council Member who is actually present at the meeting at the time it convenes.
5. Meetings to be Public - Exception for Executive Sessions. All regular and special meetings of the City Council shall be publ ic; provided, however, the City Council may hold executive sessions during a regular or special meeting, from which the public may be excluded, for the purpose of considering the matters referred to in §§54957-54957.6 of the Government Code of the State of California, as may be amended.
Exhibit A to Resolution
6 Adopted by Resolution No. 2023-
~ 2 ~
No member of the City Council, employee of the City, or any other person present during an executive session of the Council shall disclose to any person the content or substance of any discussion which took place during said executive session unless the City Council shall authorize the disclosure of such information by majority vote.
6. Agenda. All reports, communications, ordinances, resolutions, contract documents or other matters to be submitted to the Council at a regular meeting shall be delivered to the City Clerk not later than 12:00 o ’clock noon on the Wednesday preceding the meeting. The City Clerk shall prepare an agenda of all such matters according to the order of business (paragraph 8 herein below). The agenda shall be delivered or otherwise made available to the Council Members on the Friday preceding the Tuesday Council meeting to which it pertains, and shall be made available to the public no later than 10:00 o ’clock a.m. on the Monday preceding the meeting. All matters shall be considered by the Council in the order listed on the agenda, to the extent of time available; provided, however, that the order of the agenda may be changed at any time by the unanimous consent of all Council Members th en present at a mee ting. Agenda items not considered or completed for lack of time shall become agenda items at the following meeting in accordance with the foregoing policies. No matters other than those on the agenda shall be finally acted upon by the Council; provided, however, that a matter deemed to be an emergency by any Council Member, the City Manager or the City Attorney, or a matter which would become moot if not acted upon at the council meeting at which it is brought up, with an explanation of the emergency or o ther necessity for bringing it up state d in open council meeting, may be plac ed upon the agenda by a motion, seconded and carried, and then may be considered and acted upon by the Council.
7. Council Correspondence.
a) Availability to the Public. Correspondence addressed to the City Council which is received by the City Clerk or any other officer or employee of the City becomes a disclosable public record, unless subject to an exemptions under the California Public Records Act, as soon as it is received. Correspondence received in the City Clerk ’s office or other offices after 12:00 o’clock noon on the Wednesday preceding a regular meeting shall not be placed on the agenda unless it concerns a matter to be considered by the Council at the next r egular meeting or is determined by the Mayor or the City Manager to be an urgent matter which should be brought to the immediate attention of the Council. Correspondence shall not be read aloud at a Council meeting unless requested by a majority vote of the Council.
b) Authority of City Manager. The City Manager is authorize d to open and examine all mail or other written communications addressed to the City Council and to give it immediate attention to the end that all administrative business referred to in said communications and not necessarily requiring Council action may be acted upon between Council meetings.
c) Council members providing written comments or materials regarding agenda items must provide such materials to the City Clerk no later than 10:0 0 a.m. the day of the Council meeting.
Exhibit A to Resolution
7 Adopted by Resolution No. 2023-
~ 3 ~
8. Order of Business and Consideration and Sequence of Agenda Items.
a) The business of the Council shall be taken up for consideration and disposition in the following order:
1. Call to Order 5:00 p.m. (if there is to be a Closed Session)
2. Roll Call and Establishment of Quorum
3. Closed Session (if any)
4. Open Regular Session (6:30 p.m.) - Report Any Action taken in Closed Session
5. Moment of Silence & Pledge of Allegiance
6. Special Presentations
7. Council and Staff Announcements
8. Public Comment – up to a maximum of three (3) minutes
9. Consent Agenda
10. Public Hearings
11. Other Council Action Items
12. Council & Staff Informational Reports
13. Adjournment
b) The Mayor, at their discretion and subject to majority vote overruling them, may re-arrange agenda items, provided that any items `pulled’ from Item 9, `Consent Agenda’ shall be considered following the last item of Item 11, `Other Council Action Items’.
c) The following shall be the procedure for consideration and sequence of each Agenda Item, including Public Hearings:
1. Mayor Introduces the Agenda Item
2. City Manager/Executive Director (or designee/Council Member) Presents Staff Report
3. Applicant/proponent, when appropriate, up to 10 minutes (at Presiding Officer’s discretion)
4. Public Comments
5. Mayor Closes Public Hearing/Public Comments
6. Council Discussion
7. Council Motion and Brief Comment (1 minute each)
8. Council Vote
9. Preparation of Minutes. The City Clerk shall have exclusive responsibility for preparation of action minutes, and any directions for changes in the minutes shall be made only by majority action of the City Council.
10. Reading of Minutes. Unless the reading of the minutes of a Council meeting is ordered by a majority vote of the Council , such minutes may be approved w ithout reading if the City Clerk has previously furnished each Council Member with a copy.
Exhibit A to Resolution
8 Adopted by Resolution No. 2023-
~ 4 ~
11. Presiding Officer. The Mayor shall be the Presiding Officer at all meeti ngs of the City Council. In the absence of the Mayor, the Mayor Pro Tempore shall preside. In the absence of both the Mayor and Mayor Pro Tempore, the City Clerk shall call the Council to order, whereupon a temporary Presiding Officer shall be elected by the Council Members present to serve until the arrival of the Mayor or Mayor Pro Tempore or until adjournment. Wherever in these Rules the term Mayor is used, it shall apply equally to the Presiding Officer as defined in this section.
12. Powers and Duties of Presiding Officer.
a) Participation. The Presiding Officer may move, second, debate and vote from the Chair.
b) Question to be Stated. The Presiding Officer or such member of the City staff as they may designate shall verbally restate each question immediatel y prior to calling for the vote.
Following the vote the City Clerk shall announce whether the question carried or was defeated.
The Presiding Officer in their discretion may publicly explain the effect of a vote for the audience, or may direct a member of the City staff to do so, before proceeding to the next item of business.
c) Signing of Documents. The Presiding Officer shall sign all ordinances, resolutions, contracts, and other documents necessitating their signature which were adopted in their presence, unless they are unavailable, in which case the signature of an alternate Presiding Officer may be used.
d) Sworn Testimony. The Presiding Officer may require any person addressing the City Council to be sworn as a witness and to testify under oath, and the Presiding Officer shall so require if directed to do so by a majority vote of the Council.
13. Rules of Debate.
a) Getting the Floor. Every Council Member desiring to speak shall first address the Chair, gain recognition by the Presiding Officer, and shall confine themselves to the question under debate, avoiding personalities and indecorous language.
b) Questions to Staff. Every Council Member desiring to question the City staff shall, after recognition by the Presiding Officer, a ddress their questions to the City Manager, the City Attorney, or to such other department head or member of the City staff as may be appropriate.
c) Interruptions. A Council Member, once recognized, shall not be interrupted when speaking unless called to or der by the Presiding Officer, unless a point of order or personal privilege is raised by another Council Member, or unless the speaker chooses to yield to a question by another Council Member. If a Council Member while speaking is called to order, they shall cease speaking until the question of order is determined and, if determined to be in order, may then proceed. Members of the City staff, after recognition by the Presiding Officer, shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer.
d) Points of Order. The Presiding Officer shall determine all points of order subject to the right of any Council Member to appeal to the Council. The Presiding Officer may consult with Exhibit A to Resolution
9 Adopted by Resolution No. 2023-
~ 5 ~
the City Manager or the Ci ty Attorney in connection with deter mining a point of order, or may refer the question involved to either one for determination. If an appeal is taken, the question shall be, “Shall the decision of the Presiding Officer be sustained?” A majority vote shall conclusively determine such question of order.
e) Point of Personal Privilege. The right of a Council Member to address the Council on a question of personal privilege shall be limited to cases in which their integrity, character or motives are questioned or where th e welfare of the Coun cil is con cerned. A Council Member raising a point of personal privilege may interrupt another Council Member who has the floor only if the Presiding Officer recognizes the privilege.
f) Privilege of Closing Debate . The Council Member moving the adoption of an ordinance, resolution or motion shall have the privilege of closing debate.
g) Limitation of Debate . No Council Member shall be allowed to speak more than once upon any particular subject until every other Council Mem ber desiring to do so shall have spoken. During each round of discussion, each Council Member shall be allowed to speak for up to five (5) minutes.
14. Ordinances, Resolution and Motions --Precedents. When an ordinance, resolution or motion is properly brought before the Council and seconded by another Council Member, no other action shall be considered except a point of order, or a motion to adjourn to table, to table to a certain time, to close debate, to refer or to amend. Such items shall have precedence in the order stated in the preceding sentence. Points of order shall be ruled upon by the Presiding Officer, provided that such ruling may be overridden by a majority of the Council. All of such motions, except motions to amend, shall be put to a vote without debate and decided by a majority.
Any of the foregoing motions shall be in order at any time the speaker is duly recognized, except when repeated without intervening business or discussion, or if made when the motion to close debate has been adopted or while a vote is being taken.
a) Motion to Table. If a motion to table (without time certain) passes, consideration of the matter may be resumed only upon the motion of a member voting with the majority on the motion to table.
b) Motion to Close Debate. When a motion to close debate is duly made and seconded, there shall be no further debate. If the question carries, the Presiding Officer shall put pending amendment to a vote, without debate, in the inverse order of their introduction before put ting the main question. If the question is decided negatively, the main question and its amendments remain before the council
c) Reconsideration. Providing that no intervening rights will be prejudiced, any Council Member who voted with the majority on a question may move the reconsideration of that question at the same meeting in which the original decision was made or at the next following meeting. After a motion for reconsideration has been acted upon, no other similar motion shall be made without unanimous consent.
Exhibit A to Resolution
10 Adopted by Resolution No. 2023-
~ 6 ~
15. Voting. Three affirmative votes are required to enact an ordinance or to adopt a resolution or motion granting a franchise or authorizing the payment or expenditure of money or incurring of a debt. The majority of a quorum is required to adopt other resolutions or motions. A “majority” refers to a majority of the quorum present.
Every ordinance shall be adopted by a roll call vote. All other matters may be referred to a vote unless a roll call is requested by any Council Member. On all matters for which a voice vote is authorized, the Presiding Officer may ask for, “objections to the question?” If no objection is expressed, the Presiding Officer shall, “so order,” and the minutes shall record a unanimous vote in favor. If any Council Member objects to the procedure, a roll call vote shall be call in the normal manner.
After a vote has been announced , and except for comments purs uant to Rule 22, no Council member shall comment or continue to debate the vote.
16. Failure to Vote . Every Council Member should vote unles s disqualified by reason of a conflict of interest. A Council Member who abstains from voting in effect consents that a majority of the quorum may decide the question voted upon.
17. Silence Constitutes Affirmative Vote. Unless a member of the Council states that they are not voting, their silence shall be recorded as an affirmative vote.
18. Tie Vote. Tie votes shall be lost motions and may be reconsidered.
19. Changing Vote. A member may change their vote only if they make a timely request to do so immediately following the announcement of the vote by the City Clerk and prior to the time that the next item in the order of business is taken up. A Council Member who publicly announces that they are abstaining from voting on a particular matter shall not subsequently be all owed to withdraw their abstention.
20. Disqualification for Conflict of Interest . Any Council Member who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Presiding Officer state the nature of such disqualification in open meeting. Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Council Member affected, be decided by the other Council Members or the City Attorney. A Council Member who is disqualified by reason of a conflict in interest in any mat ter shall not remain in their seat during the debate and vote on such matter, but shall request and be given the permission of the Presiding Officer to step down from the Council table. The Council Member stating such disqualification shall not be counted as a part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter.
21. Ex Parte Communications for Quasi -Judicial Matters . On quasi -judicial matters, Councilmembers shall verbally disclose off the record contacts relating to the item, after the item is called and before Council consideration of the matter. Disclosure shall include the identity of an individual(s) with whom the Council Member had contact, and the nature of the contact. Written Exhibit A to Resolution
11 Adopted by Resolution No. 2023-
~ 7 ~
ex parte communications must be forwarded to the City Clerk so they can be provided to the entire Council and to the public.
22. Remarks of Council Member and Synopsis of Debate . A Council Member may request through the Presiding Officer the privilege of having an abstract of their statement on any subject under consideration by the Council entered in the minutes. If the Council consents thereto, such statement shall be entered in the minutes.
23. Protest a gainst Council Action . Any Council Member shall have the right to have the reasons for their dissent from, or protest against, any action of the Council entered in the minutes.
Such dissent or protest to be entered in the minutes shall be made in the following manner: “I would like the minutes to show that I am opposed to this action for the following reasons...”.
24. Rules of Order . Except as otherwise provided in these Rules, other rules adopted by the City Council or applicable provisions of State law, the procedures of the Council shall be governed, to the extent applicable, by the latest revised edition of Robert’s Rules of Order.
25. Failure to Observe Rules of Order. Rules adopted to expedite the transaction of the business of the Council in an orderly fashion are deemed to be procedural only and the failure to str ictly observe such rules shall not affect the jurisdiction of the Council or invalidate any action taken at a meeting that is otherwise held in conformity with law.
26. Ordinances, Resolutions and Contracts.
a) All ordinances Shall be P repared by the City Attor ney. No ordinance shall be prepared for presentation to the Council unless ordered by a majority vote of the Council, or requested by the Mayor, or City Manager, or prepared by the City Attorney on their own initiative.
b) Prior Approval by Administrative St aff. All ordinances, resolutions and contract documents shall, before presentation to th e Council, have been approved as to form and legality by the City Attorney and shall have been examined and approved for administra tion by the City Manager or their authorized representative.
27. Reading of Ordinances and Resolutions . At the time of adoption of an ordinance or a resolution, it shall be read in full unless, after the reading of the title thereof, the further reading thereof is waived by unanimous consent of the Council Members present. Such consent may be expressed by a statement by the Presiding Officer that “if there is no objection, the further reading of the ordinance or resolution shall be waived.” If any Council Member so requests, the ordinance or resolution shall be read in full.
28. Addressing the Council.
a) Manner of Addressing Council. Each person desiring to address the Council shall, unless time is limited or otherwise specifically provided for in these rules or is granted by majority vote of the Council, limit their remarks to three (3) minutes, which may be limited at the discretion Exhibit A to Resolution
12 Adopted by Resolution No. 2023-
~ 8 ~
of the Mayor depending on time available and the number of speakers . All remarks shall be addressed to the Council as a whole and not to any member thereof.
b) Spokesman for Group of Persons . In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the Council on the same subject matter, it shall be proper for the Presiding Officer to request that a spokesperson be chosen by the group to address the Council and, in case additional information or matters are to be presented by any other member of said group, to limit the number of such persons addressing the Council.
c) After Motion. After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing permission to do so by the City Council.
29. Rules of Decorum.
a) Council Members. While the Council is in session, the Members must preserve order and decorum, and a Member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council nor disturb any Member while speaking or refuse to obey the orders of the Presiding Officer.
b) Employees. Members of the City staff and employees shall observe the same rules of order and decorum as are applicable to the City Council.
c) Persons Addressing the Council . Any person making impe rtinent, slanderous or profane remarks, or who becomes boisterous while addressing the Council, shall be called to order by the Presiding Officer and, if such conduct continues, may at the discretion of the Presiding Officer be barred from further audience before the Council during that meeting, unless permission to continue be granted by a majority of the Council.
d) Members of the Audience. Any person in the audience who engages in disorderly conduct such as hand clapping, stamping of feet, whistling, using profane language, yelling, and similar demonstrations, which conduct disturbs the peace and good order of the meeting, or who refuses to comply with the lawful orders of th e Presiding Officer, shall be guilty of an infraction, and upon instructions from the Presi ding Officer, it shall be the duty of th e Sergeant at Arms to remove any such person from the Council Chamber and to place him under arrest or otherwise cause him to be prosecute under the law.
30. Enforcement of Decorum. The Director of Public Safety or such member or members of the Public Safety Department as they may designate, shall be Sergeant at Arms of the City Council and shall carry out all orders given by the Presiding Officer for the purpose of maintaining order and decorum at the Council meetings. Any Council Member may move to require the Presiding Officer to enforce the rules, and the affirmative vote of a majority of the Council shall require him to do so.
Exhibit A to Resolution
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31. Public Hearings . The foll owing rules shall apply to all public hearings, except when proceedings are held under general laws of the State of California which req uire different procedures
a) The Mayor shall state the subject matter of the hearing and declare the public hearing open. Before doing so, they may determine whether or not there are pr oponents or opponents who wish to make presentations, how many persons wish to be heard or other matter s which may affect the conduct of the proceedings. The Mayor may impose and announce reasonable time limits on presentations or oral arguments by the public.
b) The City Manager or appropriate staff member shall give a factual summary of the matter.
c) Council Members shall disclose any ex parte communications.
d) The proponents shall be h eard. (Written correspondence shall be summarized by the Clerk.)
e) The opponents shall be heard. (Written correspondence shall be summarized by the Clerk.
f) Each side shall be given a reasonable time for rebuttal. Additional speakers must limit their remarks to providing new information that was not already covered by other speakers.
g) Prior to the close of the public hearing, the Mayor shall give those persons wishing to place their names on the record as being for or against, without presenting an oral argument, an opportunity to do so.
h) The public hearing shall be declared closed.
i) The Council shall discuss and determine the matter.
j) After the public hearing is closed, the public shall not be recognized to speak except to answer any question not covered in the public hearing, and provided that whenever any such answer is given, the opposing side shall be given an opportunity to present fact s in rebuttal of the answer given.
32. Policy on Public Input. It is the declared policy of the City Council that any member of the public wishing to be heard on a matter under consideration by the City Council shall be given a reasonable opportunity to do so. Prior to the vote on any issue, the Mayor shall determine whether or not anyone present wishes to be heard. The Mayor may establish reasonable time limits for oral presentations and shall limit the presentation to the matter before the City Council at that time.
33. Absences from Council Meetings. Pursuant to Government Code §36513, if a City Council Member is absent without permission from all regular Council meetings for 60 days consecutively from the last regular meeting he attended, their office becomes vacant an d shall be filled by the Exhibit A to Resolution
14 Adopted by Resolution No. 2023-
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Council as any other vacancy. In addition, should any Council Member be absent from two (2) consecutive regular Council meetings, or from three (3) regular Council meetings in any six-month period, without permission from (i.e., not excuse d for good cause) the Council, the Council may determine that the best interests of the City would be served by said Council Member’s resignation, and may request such resignation in a letter authorized by vote of the Council.
34. Automatic Adjournment. Unless otherwise adjourned, all meetings of the City Council shall automatically be adjourned at 10:00 o’clock p.m., except that a majority may by one or more motions act to extend the automatic adjournment to not later than a specified time, or for completion of a particular item or items, as specified in the motion to extend the time of adjournment.
35. Amendment of Rules. These rules may be amended by an affirmative vote of a majority of a quorum; provided, however, that except as to rules relating to adjournment, where a provision of these rules requires action by a specific affirmative vote which is greater than a maj ority of a quorum, then amendment to that rule requires the same vote required for the rule proposed to be amended.
Exhibit A to Resolution
15 Exhibit 2 - Proposed Guidelines for Action Minutes
Action minutes record what is done, not what is said. Detailed minutes of discussion can be subjective and aren’t necessary given meetings are recorded.
Public hearings, Council study sessions and committee meeting minutes may include more detail.
What to Include:
▪ Each main motion and its disposition (passed, failed, referred, postponed, etc.). ▪ Include all points of order, appeals, and the result. If a motion does not receive a second, it need not be noted.
▪ Reasons for the decision can be included in the “whereas” clauses of Resolutions and Ordinances rather than stated on the record.
▪ Amendments to a motion must be tracked but each amendment does not need to be included; rather the final text of the motion can provide, “After discussion and amendment, the following motion was approved . . .”
▪ The final vote must be recorded and indicate how each Council Member voted.
What Doesn’t Need to be Included:
▪ Minor procedural motions such as approving the agenda or calling the question ▪ Withdrawn motions
▪ Written summaries of oral reports.
▪ Detailed public comment. It is sufficient to say that “public comment was provided.” Notes:
A person does not have to have been present at a meeting in participate in approval of the minutes
Minutes should not be approved at a special meeting but held until the next regular meeting.
Approved minutes may be changed at any time using the motion “to amend something previously adopted.” The changes are noted on the minutes being changed, and signed. 16