AGENCY STIPEND MEMBERS
1) City of Marina Mayor Pro Tem Liesbeth Visscher
SPECIAL DISTRICTS
1) Monterey Regional Waste Management District $100/Mtg Member: Bruce C. Delgado (MRWMD) 4-year term through 2026
3rd Friday, 9:00 a.m., 14201 Del Monte Blvd, Marina
Tim Flanagan, General Manager
PO Box 609
Marina, CA 93933
Ph: 384-5313; Fax: 384-3567
Web Site: www.mrwmd.org
2) Northern Salinas Valley Mosquito Abatement District $100/Mtg Member: Nancy Amadeo (NSVMAD) 4-year term through 2026
2nd Tuesday, 12 noon,
Board of Trustees
342 Airport Blvd
Salinas, CA 93905
Ph: 422-6438 (Salinas Office) 373-2483 (Marina Residents); Fax: 422-3337 3) Monterey-Salinas Transit (MST) $100/Mtg Member: Liesbeth Visscher 2nd Monday, 10 a.m., Alternate: Bruce C. Delgado
One Ryan Ranch Rd, Monterey
Carl Sedoryk, General Manager
Monterey CA 93940
Ph: 393-8192; Fax: 899-3954
Web Site: www.mst.org
EXHIBIT A
3 CITY COUNCIL COMMISSION, COMMITTEE AND BOARD ASSIGNMENTS For Period of January 1, 2024 – December 31, 2024
JOINT POWERS AUTHORITIES
1) Community Human Services Project (CHS) No compensation Member: Brian McCarthy 3rd Thursday, 11 a.m. Alternate: Kathy Biala
Sand City, City Hall, One Sylvan Park
Robin McCrae, Executive Director
PO Box 3076
Monterey, CA 93942-3076
Ph: 658-3811; Fax: 658-3815
Web Site: www.chservices.org
2) Association of Monterey Bay Area Governments $50Mtg Member: Brian McCarthy (AMBAG) Alternate: Kathy Biala
2nd Wednesday, 7 p.m., Various Locations Alternate: Bruce Delgado Maura Twomey, Executive Director
PO Box 838
Marina, CA 93933
Ph: 883-3750; Fax: 883-9155
E-Mail: [email protected]
3) Monterey County Regional Taxi Authority $50Mtg Member: Liesbeth Visscher July 2021
One Lower Ragsdale Court
Monterey, CA 93940
Ph: 831-899-2558
Website: www.mryrta.org
SPECIALLY CONSTRUCTED ORGANIZATIONS
1) Monterey County Mayors Select Committee No Compensation Member: Bruce C. Delgado And Mayors’ Association
1st Friday, 12 noon, Various Locations
Office of the Mayor
Monterey City Hall
Monterey, CA 93940
Ph: 646-3760; Fax: 646-3702
EXHIBIT A
4 CITY COUNCIL COMMISSION, COMMITTEE AND BOARD ASSIGNMENTS For Period of January 1, 2024 – December 31, 2024
2) Transportation Agency of Monterey County (TAMC) No Compensation Member: Cristina Medina Dirksen 4th Wednesday, 9 a.m. (December: 1st Wednesday) Alternate: Bruce C. Delgado Salinas Community Center, 940 N Main St
Todd Muck, Executive Director
55-B Plaza Cr
Salinas, CA 93901-2902
Ph: 775-0903; Fax: 775-0897
3) Transportation Agency of Monterey County (TAMC) Willian Greenbaum Bicycle & Pedestrian Facilities Advisory Committee 2-year term 55-B Plaza Cir, Salinas, CA 93901-2902
Ph: 647-7777
1st Wednesday 6:00 – 8:00 PM
4) Monterey County Convention & Visitors Bureau No Compensation Member: Liesbeth Visscher 3rd Wednesday, 4:00 p.m., various locations Alternate: Matt Mogensen Wave Street 2-year term
Monterey, CA 93940
Ph: 657-6400
Fax: 648-5373
PARTICIPATION WITH OTHER AGENCIES
1) Joint City/Marina Coast Water District No Compensation Member: Kathy Biala Coordination Committee Member: Liesbeth Visscher
1st Wednesday, 5 p.m., Marina City Hall Conference Room Alternate: Bruce Delgado Remleh Scherzinger, General Manager
11 Reservation Road
Marina, CA 93933
Ph: 384-6131; Fax: 384-2479
E-Mail: [email protected]
2) Access Monterey Peninsula (AMP) No Compensation Member: Brian McCarthy 3rd Monday, 12:00 p.m.
Sarah Pierce, Executive Director
465 Tyler Street
Monterey, CA 93940
Ph: 333-1267; Fax: 333-0386
E-Mail: [email protected]
EXHIBIT A
5 CITY COUNCIL COMMISSION, COMMITTEE AND BOARD ASSIGNMENTS For Period of January 1, 2024 – December 31, 2024
LIAISON TO CITY COMMISSIONS & COMMITTEES No Compensation 1) Economic Development Commission (EDC) Council Member: Brian McCarthy 3rd Thursday, 4:00 p.m., Council Chambers
2) Planning Commission (PC) Council Member: Kathy Biala 2nd & 4th Thursday, 6:30 p.m., Council Chambers
4) Public Works Commission Council Member: Liesbeth Visscher 3rd Thursday, 6:30 p.m., Council Chambers
5) Recreation & Community Services Commission Council Member: Cristina Medina Dirksen 1st Wednesday, 6:15 p.m., Council Chambers
AMENDMENT APPROVED at a Regular Meeting of the City Council duly held on December 19, 2023 Bruce C. Delgado, Mayor
ATTEST:
__________________________
Anita Sharp, Deputy City Clerk
EXHIBIT A
6 November 7, 2023 Item No. 13b
Honorable Mayor and Members
of the Marina City Council
City Council Meeting
of December 19, 2023
CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 20 23-,
APPROVING REGULAR CITY COUNCIL MEETING SCHEDULE FOR
2024 CALENDAR YEAR.
REQUEST:
It is requested that the City Council consider:
1. Adopting Resolution No. 2023-, approving regular City Council meeting schedule for 2024 Calendar Year.
BACKGROUND:
The City Council meets regularly on the first and third Tuesdays of each month.
Historically, City Council meetings scheduled for the T uesday after a holiday have been rescheduled to the Wednesday following the holiday. This change to the regular schedule allows City Council members and the public an opportunity to ask ques tions from staff sufficiently in advance of attendance at a regular City Council meeting.
In 20 24, the holidays and special events t hat may affe ct agenda packet rev iew include: New Year’s Day (Monday, January 2nd Observed) Martin Luther King Jr, Birthday (Monday, January 15th), Presidents Day (Monday, February 19th); National Night Out (Tuesday, August 6th); Labor Day (Monday, September 2nd); and Election Day (Tuesday, November 5th).
ANALYSIS:
Staff is proposing that the City Council consider a modification to our meeting schedule that cancels one of the council meetings in each of June, July, and August. This would make it easier for the council and staff to schedule time for vacation during the summer months when school is out and when people typically take vacations and not have to miss a council meeting to take a vacation. This would also assist in helping staff maintain a better work/life balance.
Many cities and counties schedule a summer break for staff and council. Some will not schedule any meetings during one particular summer month, others will do a schedule as staff is proposing. This change will require more efficiency in the remaining meetings for June, July, and August, however, since we will be in the second year of our two-year budget cycle, we will not be scheduling any budget meetings during the summer whi ch will make the transition to the proposed schedule easier.
We are proposing that we cancel the 2nd council meeting of the summer months, which would be the June 18th , July 16th , and August 20th city council meetings.
The 2024 Calendar is proposed which includes rescheduling nine (9) meeting dates (“EXHIBIT A”).
1. Regular meeting of Tuesday, January 2, 2024 (Cancelled) due to New Year’s Day
2. Regular meeting of Tuesday, January 16, 2024, to Wednesday, January 17, 2024
3. Regular meeting of Tuesday, February 20, 2024, to Wednesday, February 21, 2024 1 4. Regular meeting of Tuesday, June 18, 2024 (Cancelled) due to summer vacation.
5. Regular meeting of Tuesday, July 15, 2024 (Cancelled) due to summer vacation.
6. Regular meeting of Tuesday, August 6, 2024, to Wednesday, August 7, 2024
7. Regular meeting of Tuesday, August 20, 2024 (Cancelled) due to summer vacation.
8. Regular meeting of Tuesday, September 3, 2024, to Wednesday, September 4, 2024
9. Regular meeting of Tuesday, November 5, 2024, to Wednesday, November 6, 2024 Rescheduling these mee ting dates will allow the time necessary for questio ns and clarifications from the City Council and any interested parties.
As a matter of governance, the City holds City Counc il meetings and establishing the 2024 calendar in advance provides the City Cou ncil, staff and public advanced notice in regard to when the regular business of the City will be discussed.
FISCAL IMPACT:
None
CONCLUSION:
This request is submitted for City Council consideration and possible action.
Respectfully submitted,
Anita Sharp
Deputy City Clerk
City of Marina
REVIEW AND CONCUR
_____________________
Layne P. Long
City Manager
City of Marina
2 RESOLUTION NO. 2023
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA
APPROVING REGULAR MEETING SCHEDULE FOR 2024 CALENDAR YEAR WHEREAS, In 20 24, the holidays and special events t hat may affe ct agenda packet review include: New Year’s Day (Monday, January 2 nd Observed) Martin Luther King Jr, Birthday (Monday, January 15th), Presidents Day (Monday, February 19th); National Night Out (Tuesday, August 6th); Labor Day (Monday, September 2nd); and Election Day (Tuesday, November 5th).
WHEREAS, the 2024 Calendar is proposed which includes rescheduling the regular meetings of:
1. Regular meeting of Tuesday, January 2, 2024 (Cancelled) due to New Year’s Day
2. Regular meeting of Tuesday, January 16, 2024, to Wednesday, January 17, 2024
3. Regular meeting of Tuesday, February 20, 2024, to Wednesday, February 21, 2024
4. Regular meeting of Tuesday, June 18, 2024 (Cancelled) due to summer vacation.
5. Regular meeting of Tuesday, July 16, 2024 (Cancelled) due to summer vacation.
6. Regular meeting of Tuesday, August 6, 2024, to Wednesday, August 7, 2024
7. Regular meeting of Tuesday, August 20, 2024 (Cancelled) due to summer vacation.
8. Regular meeting of Tuesday, September 3, 2024, to Wednesday, September 4, 2024
9. Regular meeting of Tuesday, November 5, 2024, to Wednesday, November 6, 2024 NOW, THEREFORE B E IT RESOLVE D tha t the Cit y Council of the Cit y of Marina hereby approves the Regular Meeting schedule for 2024 Calendar Year (“Exhibit A”).
PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 19th day of December 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
_____________________________
Bruce C. Delgado, Mayor
ATTEST:
___________________________
Anita Sharp, Deputy City Clerk
3 EXHIBIT A
M A R I N A C I T Y C O U N C I L
R E G U L A R M E E T I N G S C H E D U L E 20 2 4
Tuesday, January 2, 2024 (Cancelled)
*Wednesday, January 17, 2024
Tuesday, July 2, 2024
Tuesday, July 16, 2024 (Cancelled)
Tuesday, February 6, 2024
*Wednesday, February 21, 2024
**Wednesday, August 7, 2023
Tuesday, August 20, 2024 (Cancelled)
Tuesday, March 5, 2024
Tuesday, March 19, 2024
*Wednesday, September 4, 2024
Tuesday, September 17, 2024
Tuesday, April 2, 2024
Tuesday, April 16, 2024
Tuesday, October 1, 2024
Tuesday, October 15, 2024
Tuesday, May 7, 2024
Tuesday, May 21, 2024
***Wednesday, November 6, 2024
Tuesday, November 19, 2024
Tuesday, June 4, 2024
Tuesday, June 18, 2024 (Cancelled)
Tuesday, December 3, 2024
Tuesday, December 17, 2024
* Regular Meeting rescheduled due to Monday Holiday
** Regular Meeting rescheduled due to National Night Out *** Regular Meeting rescheduled due to Election Day
City of Marina
211 HILLCREST AVENUE
MARINA, CA 93933
PH. 831. 884.1278; FAX 831.384.9148
www.cityofmarina.org
4 December 5, 2023 Item No. 13c
Honorable Mayor and Members
Of the Marina City Council
City Council Meeting
of December 19, 2023
CITY COUNCIL TO CONSIDER ADOPTING RESOLUTION NO. 2023-,
APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH
EMC PLANNING GROUP, INC. TOTALING $33,647.50, FOR THE
PREPARATION OF A GRANT APPLICATION TO THE CALIFORNIA
COASTAL CONSERVANCY FOR FUNDING COASTAL ACCESS
TRAIL IMPROVEMENTS AT THE FORT ORD DUNES STATE PARK
AND LAKE COURT.
RECOMMENDATION:
It is requested that the City Council:
1. Consider adopting Resolution No. 20 23-, approving a Professional Services Agreement with EMC Planning Group, Inc. totaling $33,647.50, for the preparation of a grant application to the California Coastal Conservancy for funding coastal access trail improvements at the Fort Ord Dunes State Park and Lake Court.
BACKGROUND:
Earlier this year, staff became aware of possible grants available from the California State Coastal Conservancy for improving access to the coast and beaches. In October, city staff met with officials from the California State Coastal Conservancy (SCC) and toured the four primary beach access points in Marina: Fort Ord Dunes State Park, Lake Drive and Lake Court, Marina State Beach, North Marina Beach at Dunes Drive.
SCC felt that Marina could qualify for these grants and encouraged City staff to apply for a Coastal Conservancy grant with a focus on beach access improvements at the Fort Ord Dunes State Park and Lake Court and Lake Drive. SCC is working on a similar beach access project with City of Sand City and is working with Esme Wahl, Associate Planner at EMC Planning Group.
The intent of this grant is to improve access at these sites for everyone, but also specifically to help those with mobility, physical, and ADA limitations.
ANALYSIS:
The agreement, as outlined in (EXHIBIT A) lists EMC’s full scope and role in working with both the City and staff from both SCC and the Coastal Conservancy Project . EMC will be the lead agency to facilitate the project initiation, administration, coordination, meeting and site visits, pre- application and full application submittal prior to the January 26, 2024 SCC Coastal Conservancy Grant deadline. The scope of improvements will be focused on coastal access trails and the beach at Fort Ord Dunes State Park, and improvements to coastal access trails and beach behind Lake Ct., which would connect Central Marina to the beach.
FISCAL IMPACT:
This project will be funded from Unallocated Fund Balance. 1 CONCLUSION:
This request is submitted for City Council consideration and action.
Respectfully submitted,
____________________________
Cyrah Caburian
Executive Assistant
City of Marina
REVIEWED/CONCUR:
_____________________________
Layne P. Long
City Manager
City of Marina
2 RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY OF MARINA APPROVING A PROFESSIONAL SERVICES AGREEMENT WITH EMC PLANNING GROUP, INC. TOTALING $33,647.50, FOR THE PREPARATION OF A GRANT APPLICATION TO THE
CALIFORNIA COASTAL CONSERVANCY FOR COASTAL ACCESS TRAIL
IMPROVEMENTS AT THE FORT ORD DUNES STATE PARK AND LAKE
COURT DRIVE.
WHEREAS, Marina has limited access points to the coast due to the coastal dunes; and WHEREAS, the Fort Ord Dunes Park and Lake Court access points are deteriorating and do not provide access by those with limited mobility and the California Coastal Conservancy has funds available to make improvements to access the coast.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Marina as follows:
1. Approve the agreement with EMC Planning Group, Inc . totaling $33,647.50 , for the preparation of a grant application to the California Coastal Conservancy for funding coastal access trail improvements at the Fort Ord Dunes State Park and Lake Court; and
2. Authorize the City Manager to execute the agreement on behalf of the City subject to final review and approval by the City Attorney.
PASSED AND ADOPTED by the Marina City Council at a regular meeting duly held on the 19th day of December 2023 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
__________________________________
Bruce C. Delgado, Mayor
ATTEST:
________________________________
Anita Sharp, Deputy City Clerk
3 November, 30, 2023
Cyrah Caburian
Executive Assistant
City of Marina
211 Hillcrest Avenue
Marina, CA 93933
Re: Proposal for Services: Coastal Conservancy Grant Application Assistance Dear Cyrah,
Thank you for reaching out to EMC Planning Group to prepare a scope and budget for the preparation of a grant application to the California Coastal Conservancy. EMC Planning Group is currently assisting Sand City with a grant application to the Coastal Conservancy for a similar trail and coastal access improvement project involving State Parks land in Sand City. For Sand City, we helped the City define their project scope (including working with technical subconsultants), prepared a pre-application which was approved by Conservancy staff, have continued to meet and coordinate with Coastal Conservancy staff and State Parks staff, and anticipate grant approval in February, per recommendation from Conservancy staff to their board. During this process we have developed a strong working relationship with Coastal Conservancy staff and State Parks staff, and we look forward to continuing these relationships and assisting the City of Marina with their coastal conservancy grant project.
It is our understanding, based on conversations with Andrea Willer, Recreation & Cultural Services Director and Tim Duff, Coastal Conservancy Project Specialist, that the City of Marina would like to apply for grant funding for improvements to coastal access trails and beach access at Fort Ord Dunes State Park and improvements to coastal access trails and beach access from Lake Court which would help connect central Marina to the beach. We will continue to define the project description once under contract with City of Marina staff.
EMC Planning Group proposes to conduct the following services:
EXHIBIT A
4 Cyrah Caburian
City of Marina
November 30, 2023, Page 2
Task 1. Project Initiation, Administration, and Coordination This includes preparing schedules and budgets, contract execution, preparing project and contract files, preparing and monitoring budgets, processing invoices and payments, EMC Planning Group staff administration, overall project administration, and coordination with the City.
Deliverables: Invoices; Progress Reports
Task 1 Costs: $3,025
Task 2. Meetings and Site Visits
Task 2.1 Site Visits
EMC Planning Group plans to attend up to two (2) site visits with City staff, State Parks staff, and Coastal Conservancy staff to walk the project site, discuss project ideas, constraints, and opportunities and take photographs for application graphics.
Task 2.2 Meetings with Marina staff
EMC Planning Group anticipates ongoing coordination with City of Marina staff. This task assumes up to five (5) meetings with City staff.
Task 2.3 Meetings with State Parks Staff
EMC Planning Group anticipates ongoing coordination with State Parks staff. This task assumes up to three (3) meetings with State Parks staff.
Task 2.4 Meetings with Coastal Conservancy Staff
EMC Planning Group anticipates ongoing coordination with Coastal Conservancy staff.
This task assumes up to two (2) meetings with Conservancy staff.
Deliverables: Meeting notes.
Task 2 Costs: $7,535
Task 3. Pre-Application Submittal
The coastal conservancy grant pre-application is a preliminary application that is required before a full application can be submitted. The pre-application requests short answers and is a high-level overview of the project. Conservancy staff review the pre-application and notify applicant’s if they have been invited to submit the full application.
EXHIBIT A
5 Cyrah Caburian
City of Marina
November 30, 2023, Page 3
Task 3.1 Refine Project Scope
EMC Planning Group will work with City of Marina staff to refine the project description.
This may require working with a landscape architect or civil engineer to refine project specifics, including producing high-level maps of the proposed project concept for the pre- application.
Task 3.2 Prepare and Submit Pre-application
EMC Planning Group will prepare the pre-application, including producing graphics and a written narrative.
Deliverable: Project description; identify necessary technical consultants; preliminary project concept map; pre-application submittal.
Task 3 Costs: $6,210
Task 4. Full Application
After review of the pre-application, Conservancy staff will notify the City if they are invited to submit a full application. The full application is much more in-depth and requires a full task breakdown and budget spreadsheet.
Task 4.1 Meet with Coastal Conservancy Staff
Once the preapplication is approved by Coastal Conservancy staff, EMC Planning Group will attend a zoom meeting with Coastal Conservancy staff to discuss the project, including any further deliverables or needs from conservancy staff in the full application.
Task 4.2 Prepare Full Application
Based on feedback from Conservancy staff, EMC Planning Group will prepare a full application in which a detailed project description, including project tasks and budget, will need to be provided. At this time, technical studies and subconsultants will be identified. For example, land and public right-of-way surveying, sea-level rise analysis, biological assessments, and 30% design plans will be required to be developed as part of the planning for the parking lot and trail improvements. In order to have a scope and budget for these tasks, EMC Planning Group will coordinate with technical subconsultants, as needed, for scope and budgets. EMC Planning Group will submit the full application.
EXHIBIT A
6 Cyrah Caburian
City of Marina
November 30, 2023, Page 4
Task 4.3 Coordinate with Conservancy Staff in Advance of Hearing After the full application is submitted and Coastal Conservancy staff review the application, they will likely have requests for more information. Examples of this include: letters of support from Senator Laird and Assembly Member Dawn Addis’ Office; additions to the project scope of work or budget; letters of support from State Parks; and ongoing email coordination. EMC Planning Group will handle all requests from Conservancy staff leading up to the hearing and will track it’s progress to get on a hearing agenda.
Deliverables: Meeting notes; proposal from technical subconsultants; and full application submittal.
Task 4 Costs: $16,820
Summary
EMC Planning Group will provide planning services for the coastal conservancy grant application outlined herein and will charge on a time and materials basis to complete these tasks, in accordance with EMC Planning Groups’ fee schedule (see Exhibit A). The total cost for the tasks outlined above is $33,647.5. This cost was determined based on our estimated hours for each task (see Exhibit B) and from our experience of the time required to prepare the Sand City Coastal Conservancy Grant Application. We will not exceed this amount without authorization from you and will only charge for our actual work effort.
Please contact Michael Groves at [email protected] or Esme Wahl at [email protected] if you have any questions regarding this scope and budget.
We are very excited to work with the City of Marina on this project.
Sincerely,
Mich
ael J. Groves, AICP Esme Wahl
President/Senior Principal Associate Planner
EXHIBIT A
7 EMC Planning Group Fee Schedule
A
EXHIBIT
EXHIBIT A
8 FEE SCHEDULE
(Effective January 1, 2023)
Principals Hourly Billing Rate
Senior Principal .............................................................. $2 75.00 Principal .......................................................................... $250.00 Planners
Principal Planner ........................................................... $220.00 Senior Planner ................................................................ $195.00 Associate Planner .......................................................... $165.00 Assistant Planner ........................................................... $140.00 Biologists Monitoring Rate
Principal Biologist .......................................................... $210.00 ($150.00) Senior Biologist ............................................................... $170.00 ($130.00) Associate Biologist ......................................................... $145.00 ($120.00) Assistant Biologist .......................................................... $125.00 ($100.00) Archaeologist
Registered Professional Archaeologist ....................... $145.00 Support Staff
Desktop Publisher ......................................................... $150.00 Executive Assistant/Production Manager .................. $125.00 Administrative Assistant .............................................. $115.00 GIS/Graphics Technician .............................................. $140.00
This fee schedule is exclusive of direct reimbursable expenses, such as word processing, editing, printing, copying, travel, lodging, dining, communications, suppli es, equipment rental, etc. All expenses are billed at cost plus fifteen percent (1 5%) for administration. All outside services are billed at cost plus fifteen percent (15%) for administration. This fee schedule is subject to revision at any time.
A retainer of up to fifty percent (50%) of the approved contract amount may be required for new clients or projects. Invoices are due and payable within 30 days. Past due balances are subject to a service charge o f one and one -half perc ent (1.5%) per month. Service c harges are in addition to approved contract amount.
Expert witness services are provided at a fifty percent (50%) mark-up.
EMC PLANNING GROUP INC.
601 ABREGO STREET, MONTEREY, CA 93940
(831) 649-1799 / [email protected]
www.emcplanning.com
EXHIBIT A
9 Project Budget
B
EXHIBIT
EXHIBIT A
10 Task
Staff Senior
Principal
Associate
Planner
(Esme Wahl)
Principal
Biologist Graphics Production
Manager
Admin./
Production
Billing Rate (Per Hour) $275.00 $165.00 $210.00 $140.00 $125.00 $115.00 Task 1. Project Initiation, Adminsitration, and Coordination 4 8 0 0 3 2 17 $3,025.00 Task 2. Meetings and Site Visits
Task 2.1 Site Visits 6 8 0 0 0 0 14 $2,970.00
Task 2.2 Meetings with Marina Staff 3 8 0 0 0 0 11 $2,145.00 Task 2.3 Meetings with State Parks Staff 2 4 0 0 0 0 6 $1,210.00 Task 2.4 Meetings with Coastal Conservancy Staff 2 4 0 0 0 0 6 $1,210.00 Task 3. Pre-Application
Task 3.1 Refine Project Scope 3 14 0 0 0 0 17 $3,135.00 Task 3.2 Prepare and Submit Pre-Application 2 12 0 3 1 0 18 $3,075.00 Task 4. Full Application Preparation and Submitall
Task 4.1. Meet with Coastal Conservancy Staff 1 1 0 0 0 0 2 $440.00 Task 4.2 Prepare and Submit Full Application 5 75 2 4 0 0 86 $14,730.00 Task 4.3 Coordinate with Conservancy Staff in Advance of Heari 0 10 0 0 0 0 10 $1,650.00 Subtotal (Hours) 28 144 2 7 4 2 Total Hours Total Cost
Subtotal (Cost) $7,700.00 $23,760.00 $420.00 $980.00 $500.00 $230.00 187 $33,590.00 Additional Costs
Production Costs
Travel Costs @ 66 cents/mile
Postal/Deliverables
Miscellaneous
Administrative Overhead 15%
Total
Total Costs
NOTE: This proposed budget is valid for 90 days
City of Marina - Fort Ord Dunes Improvements, Coastal Conservancy Grant Application EMC Planning Group Inc.
Total
Hours Total Cost
$33,647.50
$0.00
$57.50
$7.50
$0.00
$50.00
$0.00
EXHIBIT A
11 November 29, 2023 Item No. 13d
Honorable Mayor and Members
of the Marina City Council
City Council Meeting
of December 19, 2023
CITY COUNCIL TO ADOPT RESOLUTION NO. 2023-, APPROVING A
PROFESSIONAL SERVICES AGREEMENTS BETWEEN THE CITY OF
MARINA AND BEK COLLECTIVE FOR PROFESSIONAL SERVICES
FOR THE MARINA GATEWAY SIGNS AND AUTHORIZING THE CITY
MANAGER TO EXECUTE THE AGREEMENTS ON BEHALF OF THE
CITY SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY
ATTORNEY.
REQUEST:
It is requested that the City Council:
1. Adopt Resolution No. 2023-, approving a professional services agreement between the City of Marina and BEK Collective Inc., EXHIBIT A, for preparing conceptual designs for the primary points of entry into the City and the Airport, and;
2. Authorizing the City Manager to execute the agreement on behalf of the City subject to final review and approval by the City Attorney.
BACKGROUND:
The City Council approved a two -year CIP on October 5, 2021 (Resolution 2021 -108). The City’s Gateway Entry Sign Capital Program EDP 1809 budget is $250,000 . This funding is being provided by PG&E as mitigation fees for tree removal performed near their gas and electric facilities. The Airport’s Gateway Entry Sign Capital Program 2103 is $35,045. This funding is being provided by the Airport Enterprise Fund.
The proposed gateway signage provides a unique identity for the City and helps directs motorists to the Airport. Gateway sign locations include four (4) primary entry points into the City as well as the entry to the airport for a total of five (5) signage locations. The four City entry points will be similar in style materials, but the airport may have some unique attribute o r feature specific to the airport. The possible gateway sign locations are at or near the following intersections:
1. Blanco Road at Reservation Road
2. Reservation Road at Highway 1
3. Del Monte Boulevard at Reindollar Avenue
4. Imjin Parkway at Highway 1
5. Reservation Road and Imjin Road (Airport Entry Sign) To facilitate the design process, t he City issued a Request for Qualifications (RFQ) to design professionals to submit qualifications for the gateway signage design services. Ultimately the envisioned services would support construction contracts to be awarded by the City Council for furnishing and construction of gateway signage. The City regularly enters into various professional services contracts during the course of business to support delivery of capital improvements.
1 On August 17, 2022, city staff released a Request for Qualifications to provide professional services for the design of City of Marina Gateway Entry Signs.
ANALYSIS:
On October 19, 2022 staff received Statements of Qualifications from five firms shown in the table below. A review panel of three city staff members and one staff member from Program Management Services firm Wallace Group reviewed and ranked the qualifications of the five firms. The firms were ranked on the ir qualifications for 1) Understanding of the City’s Goals; 2) Project Manager; 3) Familiarity with Locality; 4) Specific Management Approach; 5) Experience; 6) Organization; and 7) Reputation.
Proposer Final
Ranking
BEK Collective Inc. 1
Verde Design 2
Graphic Solutions 3
Wald, Ruhnke & Dost Architects, LLP 4
EMC Planning Group 5
As shown in the table above, BEK Collective Inc. (BEK) was determined to be the most qualified proposer. BEK is able to provide the professional services requested . Bianca Koenig , the Project Manager from BEK, has performed similar work for the Sea Haven Development and a sub-consultant to for the City of Marina Dr. Martin Luther King Jr Sculpture Garde n and is currently working on the landscape design for the Del Monte Boulevard medians. BEK’s team includes partnering with Whitson Engineers, SSG Structural Engineers, Gray Electrical Consulting + Engineering, and Russell D. Mitchell & Associates for the proposed project design outlined in the RFQ.
Upon discussion with BEK, City staff agreed to refine the scope of work by removing items such as preparing construction documents for this project delivery phase. The refore, the proposed revised scope of work being considered here would include the following:
1. Performing early public engagement, and
2. Preparing preliminary designs to bring to a community outreach meeting, and
3. Topographic mapping of the preferred locations, and
4. Preparing three schematic design options for both the City and Airport, and
5. Engage in a second phase of community outreach meeting, and
6. Presentation at Planning Commission and City Council meetings.
On January 26, 2023, BEK submitted a revised proposal for performing the work outlined above.
Staff is recommending that the City enter into an agreement with BEK Collective to provide preliminary design and community outreach services.
ENVIRONMENTAL COMPLIANCE:
The approval of professional services agreement for the City of Marina Gateway Entry is not a project as defined by the California Environmental Quality Act (CEQA) per Article 20 Section 15378 and under General Rule Article 5 Section 15061.
2 FISCAL IMPACT:
The gateway entry sign design project to be delivered under the recommended contract is funded within the Capital Improvement Program (City Project No. EDP1809 and Airport Project No. 2103). The estimated cost to provide schematic designs for entry signs to the City and to the Airport is a not-to-exceed amount of $74,032 which is 30 percent of the project budget.
The combining of the city and airport gateway entry signs design effort is deemed mutually beneficial to both entities since many of the activities, such as community outreach, could be performed simultaneously. Since four out of five of the design sites would be for the City, i t is recommended that incurred project costs be shared between the City and Airport so that the City assumes 80 percent of the costs and 20 percent of the costs be assumed by the Airport.
CONCLUSION:
This request is submitted for City Council consideration and possible action.
Respectfully submitted,
Elvira Morla-Camacho, P.E., QSD
Project Management Services
Wallace Group
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
3 RESOLUTION NO. 2023-
A RESOLUTION OF CITY COUNCIL OF THE CITY OF MARINA APPROVING
PROFESSIONAL SERVICES AGREEMENTS BETWEEN THE CITY OF MARINA AND
BEK COLLECTIVE FOR PROFESSIONAL SERVICES FOR THE MARINA GATEWAY
SIGNS AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE
AGREEMENTS ON BEHALF OF THE CITY SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY.
WHEREAS, the City Council approved a two-year CIP on October 5, 2021 (Resolution 2021-108).
The City’s Gateway Entry Sign Capital Program EDP 1809 budget is $250,000. This funding is being provided by PG&E as mitigation fees for tree removal performed near their gas and electric facilities. The Airport’s Gateway Entry Sign Capital Program 2103 budget is $35,045. This funding is being provided by the Airport Enterprise Fund; and WHEREAS, on August 17, 2022, city staff released a Request for Qualifications to provide design services for the Gateway Signs; and
WHEREAS, on October 19, 2022 , staff received Statements of Qualifications from five firms. A review panel of three city staff members and one staff member from Program Management Services firm Wallace Group reviewed and ranked the qualifications of the five firms; and WHEREAS, the proposing firms were ranked on their qualifications for 1) Understanding of the City’s Goals; 2) Project Manager; 3) Familiarity with Locality; 4) Specific Management Approach; 5) Experience; 6) Organization; and 7) Reputation; and
WHEREAS, BEK Collective Inc. (BEK) was determined to be the most qualified proposer; and WHEREAS, city staff in consultation with BEK agreed to refine the scope of work by removing items such as preparing construction documents for this project delivery phase; and WHEREAS, on January 26, 2023, BEK submitted a revised proposal for performing public outreach and topographic mapping; preparing three schematic design options for both the City and Airport, engage in a second phase of community outreach meeting, and presentation at Planning Commission and City Council meetings; and
WHEREAS, approval of professional services agreement for the City of Marina Gateway Entry is not a project as defined by the California Environmental Quality Act (CEQA) per Article 20 Section 15378 and under General Rule Article 5 Section 15061.
WHEREAS, a draft agreement to retain BEK for the professional services in a not-to-exceed amount of $74,032 is attached as “EXHIBIT A”; and
WHEREAS, the gateway entry sign design project to be delivered under the recommended contract is funded within the Capital Improvement Program (City Project No. EDP1809 and Airport Project No. 2103); and
4 Resolution 2023-
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Marina does hereby:
1. Approve a professional services agreements between the City of Marina and BEK Collective Inc. for preparing a conceptual design for the primary points of entry into the City, and;
2. Authorize the City Manager to execute the agreement on behalf of the City and the Airport subject to final review and approval by the City Attorney.
PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 19th day of December 2023, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
Bruce C. Delgado, Mayor
ATTEST:
Anita Sharp, Deputy City Clerk
5 CITY
OF MARINA
AGREEMENT FOR GATEWAY SIGNAGE DESIGN SERVICES
THIS AGREEMENT is made and entered into on , 2023, by and between the City of Marina, a California charter city, hereinafter referred to as the "City," and BEK Collective Inc., a California S Corporation, hereinafter referred to as the "Contractor." City and Contractor are sometimes individually referred to as "party" and collectively as "parties" in this Agreement.
Recitals
A. Ci
ty desires to retain Contractor for gateway signage design services for the four gateways to the City and the one entry point to the Airport, hereinafter referred to as the "Project."
B. Contractor represents and warrants that it has the qualifications, experience and personnel necessary to properly perform the services as set forth herein.
C. Consultant represents that it has the degree of specialized expertise contemplated within California Government Codes §§37103 and 53060 and holds all necessary licenses to practice and perform the services herein contemplated.
D. City desires to retain Contractor to provide such services.
Terms and Conditions
For
of good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged and in consideration of the mutual promises contained herein, City and Contractor agree to the following terms and conditions:
1. Scope of Work.
(a
) Contractor is hereby hired and retained by the City to work in a cooperative manner with the City to fully and adequately perform those services set forth in Exhibit “A” attached hereto (“Scope of Work”) and by this reference made a part hereof. With prior written notice to Contractor, City may elect to delete certain tasks of the Scope of Work at its sole discretion. (b) Contractor shall perform all such work with skill and diligence and pursuant to generally accepted standards of practice in effect at the time of performance. Contractor shall provide corrective services without charge to the City for work which fails to meet these standards and which is reported to Contractor in writing within sixty days of discovery. Should Contractor fail or refuse to perform promptly its obligations under this Agreement, the City may render or undertake the performance thereof and the Contractor shall be liable for any expenses thereby incurred.
(c) If services under this Agreement are to be performed by a design professional, as that term is defined in California Civil Code §2782.8(b)(2), design professional certifies that all design professional services shall be provided by a person or persons duly licensed by the State of California to provide the type of services described in Section 1(a). By delivery of completed work, design professional certifies that the work conforms to the requirements of this Agreement and all applicable federal, state and local laws, and the professional standard of care in California.
EXHIBIT A
6 AGREEMENT FOR GATEWAY SIGNAGE DESIGN SERVICES
2 (d) Contractor is responsible for making an independent evaluation and judgment of all relevant conditions affecting performance of the work, including without limitation site conditions, existing facilities, soils, hydrologic, geographic, climatic conditions, applicable federal, state and local laws and regulations and all other contingencies or considerations.
(e) City shall cooperate with Contractor and will furnish all information data, records and reports existing and available to City to enable Contractor to carry out work outlined in Exhibit “A." Contractor shall be entitled to reasonably rely on information, data, records and reports furnished by the City, however, the City makes no warranty as to the accuracy or completeness of any such information, data, records or reports available to it and provided to Contractor which were furnished to the City by a third party. Contractor shall have a duty to bring to the City's attention any deficiency or error it may discover in any information provided to the Contractor by the City or a third party.
2. Term of Agreement & Commencement of Work.
(a) Unless otherwise provided, the term of this Agreement shall begin on the date of its full execution and shall expire on December 31, 2024, unless extended by amendment or terminated earlier as provided herein. The date of full execution is defined as the date when all of the following events have occurred:
(i) This Agreement has been approved by the City's Council or by the board, officer or employee authorized to give such approval, and;
(ii) The office of the City Attorney has indicated in writing its approval of this Agreement as to form, and;
(iii) This Agreement has been signed on behalf of Contractor by the person or persons authorized to bind the Contractor hereto, and;
(iv) This Agreement has been signed on behalf of the City by the person designated to so sign by the City's Council or by the officer or employee authorized to enter into this Contract and is attested to by the Marina City Clerk.
(b) Contractor shall commence work on the Project on or by the date this contract is fully executed. This Agreement may be extended upon written agreement of both parties. Contractor may be required to prepare a written schedule for the work to be performed, which schedule shall be approved by the City and made a part of Exhibit A, and to perform the work in accordance with the approved schedule.
3. Compensation.
(a) City liability for compensation to Contractor under this Agreement shall only be to the extent of the present appropriation to fund this Agreement. For services to be provided under this Agreement City shall compensate Contractor on a time and materials basis in an amount not to exceed Seventy-Four Thousand and Thirty Two Dollars ($74,032) in accordance with the provisions of this Section and the Cost Estimate attached hereto as Exhibit B and incorporated herein by this reference
(b) Invoice(s) in a format and on a schedule acceptable to the City shall be submitted to and be reviewed and verified by the Project Administrator (see Section 5(a)) and forwarded to the City's Finance Department for payment. City shall notify Contractor of exceptions or dispute items and their dollar value within fifteen days of receipt. Payment of the undisputed amount of the invoice will typically be made approximately thirty days after the invoice is submitted to the
EXHIBIT A
7 AGREEMENT FOR GATEWAY SIGNAGE DESIGN SERVICES
3 Finance Department.
(c) Contractor will maintain clearly identifiable, complete and accurate records with respect to all costs incurred under this Agreement on an industry recognized accounting basis. Contractor shall make available to the representative of City all such books and records related to this Agreement, and the right to examine, copy and audit the same during regular business hours upon 24-hour's notice for a period of four years from the date of final payment under this Agreement.
(d) Contractor shall not receive any compensation for Extra Work without the prior written authorization of City. As used herein, "Extra Work" means any work that is determined by the City to be necessary for the proper completion of the Project but which is not included within the Scope of Work and which the parties did not reasonably anticipate would be necessary at the execution of this Agreement. Compensation for any authorized Extra Work shall be paid in accordance with the prior written authorization.
(e) Expenses not otherwise addressed in the Scope of Services or the Fee Schedule incurred by Contractor in performing services under this Agreement shall be reviewed and approved in advance by the Project Administrator (Section 5(a)), be charged at cost and reimbursed to Contractor.
4. Termination or Suspension .
(a) This Agreement may be terminated in whole or in part in writing by either party in the event of a substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given (1) not less than ten days written notice of intent to terminate, and (2) provided an opportunity for consultation with the terminating party prior to termination.
(b) If termination for default is effected by the City, an equitable adjustment in the price provided for in this Agreement shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due the Contractor at the time of termination may be adjusted to cover any additional costs to the City because of the Contractor's default. If after the termination for failure of Contractor to fulfill its contractual obligations, it is determined that the Contractor had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the City.
(c) The City may terminate or suspend this Agreement at any time for its convenience upon not less than thirty days prior written notice to Contractor. Not later than the effective date of such termination or suspension, Contractor shall discontinue all affected work and deliver all work product and other documents, whether completed or in progress, to the City.
(d) If termination for default is effected by the Contractor or if termination for convenience is effected by the City, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for termination shall provide for payment to the Contractor for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by Contractor relating to written commitments that were executed prior to the termination.
5. Project Administrator, Project Manager & Key Personnel.
(a) City designates as its Project Administrator Public Works Director/City Engineer Mr.
Brian McMinn who shall have the authority to act for the City under this Agreement. The Project Administrator or his/her authorized representative shall represent the City in all matters pertaining to the work to be performed pursuant to this Agreement.
EXHIBIT A
8 AGREEMENT FOR GATEWAY SIGNAGE DESIGN SERVICES
4 (b) Contractor designates Bianca E. Koenig as its Project Manager who shall coordinate all phases of the Project. The Project manager shall be available to City at all reasonable times during the Agreement term.
(c) Contractor warrants that it will continuously furnish the necessary personnel to complete the Project on a timely basis as contemplated by this Agreement. Contractor, at the sole discretion of City, shall remove from the Project any of its personnel assigned to the performance of services upon written request of City. Contractor has represented to City that certain key personnel will perform and coordinate the work under this Agreement. Should one or more of such personnel become unavailable, Contractor may substitute other personnel of at least equal competence upon written approval of the City. In the event that City and Contractor cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: Bianca E. Koenig.
6. Delegation of Work.
(a) If Contractor utilizes any subcontractors other than those set forth in Exhibit A section 2, consultants, persons, employees or firms having applicable expertise to assist Contractor in performing the services under this Agreement, Contractor shall obtain City's prior written approval to such employment. Contractor's contract with any subcontractor shall contain a provision making the subcontract subject to all provisions of this Agreement. Contractor will be fully responsible and liable for the p a y m e n t , administration, completion, presentation and quality of all work performed. City reserves its right to employ other contractors in connection with this Project.
(b) If the work hereunder is performed by a design professional, design professional shall be directly involved with performing the work or shall work through his, her or its employees.
The design professional's responsibilities under this Agreement shall not be delegated. The design professional shall be responsible to the City for acts, errors or omissions of his, her or its subcontractors. Negligence of subcontractors or agents retained by the design professional is conclusively deemed to be the negligence of the design professional if not adequately corrected by the design professional. Use of the term subcontractor in any other provision of this Agreement shall not be construed to imply authorization for a design professional to use subcontractors for performance of any professional service under this Agreement.
(c) The City is an intended beneficiary of any work performed by a subcontractor for purposes of establishing a duty of care between the subcontractor and the City.
7. Skill of Employees . Contractor shall ensure that any employees or agents providing services under this Agreement possess the requisite skill, training and experience to properly perform such services.
8. Confidential and Proprietary Information. In the course of performing services under this Agreement Contractor may obtain, receive, and review confidential or proprietary documents, information or materials that are and shall remain the exclusive property of the City. Should Contractor undertake the work on behalf of other agencies, entities, firms or persons relating to the matters described in the Scope of Work, it is expressly agreed by Contractor that any such confidential or proprietary information or materials shall not be provided or disclosed in any manner to any of Contractor’s other clients, or to any other third party, without the City’s prior express written consent.
9. Ownership of Data . Unless otherwise provided for herein, all documents, material, data, drawings, plans, specifications, computer data files, basis for design calculations, engineering
EXHIBIT A
9 AGREEMENT FOR GATEWAY SIGNAGE DESIGN SERVICES
5 notes, and reports originated and prepared by Contractor, or any subcontractor of any tier, under this Agreement shall be and remain the property of the City for its use in any manner it deems appropriate. Contractor agrees that all copyrights which arise from creation of the work pursuant to this Agreement shall be vested in the City and waives and relinquishes all claims to copyright or intellectual property rights in favor of the City. Contractor shall provide two (2) sets of reproducible of the above-cited items, except for the computer data files which shall consist of one (1) set. Contractor shall use all reasonable efforts to ensure that any electronic files provided to the City will be compatible with the City's computer hardware and software. Contractor makes no representation as to long-term compatibility, usability or readability of the format resulting from the use of software application packages, operating systems or computer hardware differing from those in use by the City at the commencement of this Agreement. Contractor shall be permitted to maintain copies of all such data for its files. City acknowledges that its use of the work product is limited to the purposes contemplated by the Scope of Work and, should City use these products or data in connection with additions to the work required under this Agreement or for new work without consultation with and without additional compensation to Contractor, Contractor makes no representation as to the suitability of the work product for use in or application to circumstances not contemplated by the Scope of Work and shall have no liability or responsibility whatsoever in connection with such use which shall be at the City's sole risk. Any and all liability arising out of changes made by the City to Contractor's deliverables is waived against Contractor unless City has given Contractor prior written notice of the changes and has received Contractor's written consent to such changes.
10. Conflict of Interest.
(a) Contractor covenants that neither it, nor any officer or principal of its firm has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of the City or which would in any way hinder Contractor’s performance of services under this Agreement. Contractor further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the City Manager. Contractor agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of the City in the performance of this Agreement. Contractor shall represent the interest of the City in any discussion or negotiation.
(b) City understands and acknowledges that Contractor may be, as of the date of commencement of services under this Agreement, independently involved in the performance of non-related services for other governmental agencies and private parties. Contractor is unaware of any stated position of the City relative to such projects. Any future position of the City on such projects may result in a conflict of interest for purposes of this section.
(c) No official or employee of the City who is authorized in such capacity on behalf of the City to negotiate, make, accept, or approve, or take part in negotiating, making accepting or approving this Agreement, during the term of his or her tenure or service with City and for one year thereafter, shall have any interest, direct or indirect, in this Agreement or the proceeds thereof or obtain any present or anticipated material benefit arising therefrom.
11. Disclosure. Contractor may be subject to the appropriate disclosure requirements of the California Fair Political Practices Act, as determined by the City Manager.
12. Non-Discrimination.
(a) During the performance of this Agreement the Contractor shall comply with the applicable nondiscrimination and affirmative action provisions of the laws of the United States of America, the State of California and the City. In performing this Agreement, Contractor shall not
EXHIBIT A
10 AGREEMENT FOR GATEWAY SIGNAGE DESIGN SERVICES
6 discriminate, harass, or allow harassment, against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), medical condition (including cancer), age, marital status, denial of family and medical care leave and denial of pregnancy disability leave. Contractor shall give written notice of its obligations under this clause to labor organizations with which it has a collective bargaining or other agreement.
(b) Contractor shall include the nondiscrimination and compliance provisions of this Section in all subcontracts.
13. Indemnification & Hold Harmless .
(a) Other than in the performance of professional services by a design professional, which shall be solely as addressed by subsection (b) below, and to the full extent permitted by law, Contractor shall indemnify, defend (with independent counsel reasonably acceptable to the City) and hold harmless City, its Council, boards, commissions, employees, officials and agents ("Indemnified Parties" or in the singular "Indemnified Party") from and against any claims, losses, damages, penalties, fines and judgments, associated investigation and administrative expenses, and defense costs including but not limited to reasonable attorney’s fees, court costs, expert witness fees and costs of alternate dispute resolution (collectively "Liabilities“), where same arise out of the performance of this Agreement by Contractor, its officers, employees, agents and sub-contractors. The Contractor’s obligation to indemnify applies unless it is adjudicated that its liability was caused by the sole active negligence or sole willful misconduct of an indemnified party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified party, the Contractor’s obligation shall be reduced in proportion to the established comparative liability of the indemnified party.
(b) To the fullest extent permitted by law (including without limitation California Civil Code Sections 2782.8), when the services to be provided under this Agreement are design professional services to be performed by a design professional, as that term is defined under said section 2782.8, Contractor shall indemnify, protect, defend (with independent counsel reasonably acceptable to the City) and hold harmless City and any Indemnified Party for all Liabilities regardless of nature or type that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Contractor, or the acts or omissions of an officer, employee, agent or subcontractor of the Contractor. The Contractor’s obligation to indemnify applies unless it is adjudicated that its liability was caused by the sole active negligence or sole willful misconduct of an indemnified party. If it is finally adjudicated that liability is caused by the comparative active negligence or willful misconduct of an indemnified party, the Contractor’s obligation shall be reduced in proportion to the established comparative liability of the indemnified party.
(c) All obligations under this section are to be paid by Contractor as incurred by City.
The provisions of this Section are not limited by the provisions of sections relating to insurance including provisions of any worker's compensation act or similar act. Contractor expressly waives its statutory immunity under such statues or laws as to City, its employees and officials.
Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this section from each and every subcontractor, sub tier contractor or any other person or entity involved by, for, with or on behalf of Contractor in the performance or subject matter of this Agreement. In the event Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.
(d) If any action or proceeding is brought against any Indemnified Party by reason of any of the matters against which the Contractor has agreed to defend the Indemnified Party, as provided
EXHIBIT A
11 AGREEMENT FOR GATEWAY SIGNAGE DESIGN SERVICES
7 above, Contractor, upon notice from the City, shall defend any Indemnified Party at Contractor's expense by counsel reasonably acceptable to the City. An Indemnified Party need not have first paid for any of the matters to which it is entitled to indemnification in order to be so defended.
(e) This obligation to indemnify and defend City, as set forth herein, is binding on the successors, assigns, or heirs of Contractor and shall survive the termination of this Agreement or this Section.
14. Insurance .
(a) As a condition precedent to the effectiveness of this Agreement and without limiting Contractor's indemnification of the City, Contractor agrees to obtain and maintain in full force and effect at its own expense the insurance policies set forth in Exhibit “C” “Insurance” attached hereto and made a part hereof. Contractor shall furnish the City with original certificates of insurance, manually autographed in ink by a person authorized by that insurer to bind coverage on its behalf, along with copies of all required endorsements. All certificates and endorsements must be received and approved by the City before any work commences. All insurance policies shall be subject to approval by the City Attorney and Risk Manager as to form and content.
Specifically, such insurance shall: (1) protect City as an additional insured for commercial general and business auto liability; (2) provide City at least thirty days written notice of cancellation, material reduction in coverage or reduction in limits and ten days written notice for non-payment of premium; and (3) be primary with respect to City's insurance program. Contractor's insurance is not expected to respond to claims that may arise from the acts or omissions of the City.
(b) City reserves the right at any time during the term of this Agreement to change the amounts and types of insurance required herein by giving Contractor ninety days advance written notice of such change. If such change should result in substantial additional cost of the Contractor, City agrees to negotiate additional compensation proportional to the increased benefit to City.
(c) All required insurance must be submitted and approved the City Attorney and Risk Manager prior to the inception of any operations by Contractor.
(d) The required coverage and limits are subject to availability on the open market at reasonable cost as determined by the City. Non availability or non affordability must be documented by a letter from Contractor's insurance broker or agency indicating a good faith effort to place the required insurance and showing as a minimum the names of the insurance carriers and the declinations or quotations received from each. Within the foregoing constraints, Contractor's failure to procure or maintain required insurance during the entire term of this Agreement shall constitute a material breach of this Agreement under which City may immediately suspend or terminate this Agreement or, at its discretion, procure or renew such insurance to protect City's interests and pay any and all premium in connection therewith and recover all monies so paid from Contractor.
(e) By signing this Agreement, Contractor hereby certifies that it is aware of the provisions of Section 3700 et seq., of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provision of that Code, and that it will comply with such provisions at all such times as they may apply during the performance of the work pursuant to this Contract. Unless otherwise agreed, a waiver of subrogation in favor of the City is required.
15. Independent Contractor . The parties agree that Contractor, its officers, employees and agents, if any, shall be independent contractors with regard to the providing of services under this Agreement, and that Contractor's employees or agents shall not be considered to be employees or agents of the City for any purpose and will not be entitled to any of the benefits City provides for its employees. City shall make no deductions for payroll taxes or Social Security from amounts
EXHIBIT A
12 AGREEMENT FOR GATEWAY SIGNAGE DESIGN SERVICES
8 due Contractor for work or services provided under this Agreement.
16. Claims for Labor and Materials . Contractor shall promptly pay when due all amounts payable for labor and materials furnished in the performance of this Agreement, so as to prevent any lien or other claim under any provision of law from arising against any City property (including reports, documents, and other tangible matter produced by the Contractor hereunder), against the Contractor's rights to payments hereunder, or against the City, and shall pay all amounts due under the Unemployment Insurance Act with respect to such labor.
17. Discounts . Contractor agrees to offer the City any discount terms that are offered to its best customers for the goods and services to be provided herein, and apply such discounts to payment made under this Agreement which meet the discount terms.
18. Cooperation; Further Acts . The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement.
19. Dispute Resolution . If any dispute arises between the parties as to proper interpretation or application of this Agreement, the parties shall first meet and confer in a good faith attempt to resolve the matter between themselves. If the dispute is not resolved by meeting and conferring, the matter shall be submitted for formal mediation to a mediator selected mutually by the parties.
The expenses of such mediation shall be shared equally between the parties. If the dispute is not or cannot be resolved by mediation, the parties may mutually agree (but only as to those issues of the matter not resolved by mediation) to submit their dispute to arbitration. Before commencement of the arbitration, the parties may elect to have the arbitration proceed on an informal basis; however, if the parties are unable so to agree, then the arbitration shall be conducted in accordance with the rules of the American Arbitration Association. The decision of the arbitrator shall be binding, unless within thirty days after issuance of the arbitrator’s written decision, any party files an action in court. Venue and jurisdiction for any such action between the parties shall lie in the Superior Court for the County of Monterey.
20. Compliance With Laws.
(a) Each party's performance hereunder shall comply with all applicable laws of the United States of America, the State of California and the City including but not limited to laws regarding health and safety, labor and employment, wage and hours and licensing laws which affect employees. This Agreement shall be governed by, enforced and interpreted under the laws of the State of California. Contractor shall comply with new, amended or revised laws, regulations or procedures that apply to the performance of this Agreement.
(b) If the Project is a "public work," or prevailing wages are otherwise required, Contractor shall comply with all provision of California Labor Code section 1720 et seq., as applicable, and laws dealing with prevailing wages, apprentices and hours of work., etc.
(c) Contractor represents that it has obtained and presently holds all permits and licenses necessary for performance hereunder, including a Business License required by the City's Business License Ordinance. For the term covered by this Agreement, the Contractor shall maintain or obtain as necessary, such permits and licenses and shall not allow them to lapse, be revoked or suspended.
21. Assignment or Transfer . This Agreement or any interest herein may not be assigned, hypothecated or transferred, either directly or by operation of law, without the prior written consent of the City. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation
EXHIBIT A
13 AGREEMENT FOR GATEWAY SIGNAGE DESIGN SERVICES
9 or transfer.
22. Notices . All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, sent by facsimile ("fax") or certified mail, postage prepaid with return receipt requested, addressed as follows:
To City: City Manager
City of Marina City Hall
211 Hillcrest Avenue
Marina, California 93933
Fax: (831) 384-9148
To Contractor: Bianca E. Koenig
BEK Collective Inc.
PO Box 708
Cayucos, CA 93430
Email: [email protected]
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three days after deposit in the custody of the U.S. Postal Service. A copy of any notice sent as provided herein shall also be delivered to the Project Administrator and Project Manager.
23. Amendments, Changes or Modifications . This Agreement is not subject to amendment, change or modification except by a writing signed by the authorized representatives of City and Contractor.
24. Force Majeure . Notwithstanding any other provisions hereof, neither Contractor nor City shall be held responsible or liable for failure to meet their respective obligations under this Agreement if such failure shall be due to causes beyond Contractor's or the City's control. It is understood and agreed to by the Contractor and the City that they cannot, and will not, claim Force Majeure based on an economic downturn of any type. Such causes include but are not limited to:
strike, fire, flood, civil disorder, act of God or of the public enemy, act of the federal government, or any unit of state of local government in either sovereign or contractual capacity, epidemic, quarantine restriction, or delay in transportation to the extent that they are not caused by the party's willful or negligent acts or omissions, and to the extent that they are beyond the party's reasonable control.
25. Attorney's Fees . In the event of any controversy, claim or dispute relating to this Agreement, or the breach thereof, the prevailing party shall be entitled to recover from the losing party reasonable expenses, attorney's fees and costs.
26. Successors and Assigns . All of the terms, conditions and provisions of this Agreement shall apply to and bind the respective heirs, executors, administrators, successors, and assigns of the parties. Nothing in this paragraph is intended to affect the limitation on assignment.
27. Authority to Enter Agreement . Contractor has all requisite power and authority to conduct its business and to execute, deliver and perform the Agreement. Each party warrants that the individuals who have signed this Agreement have the legal power, right and authority to make this Agreement and bind each respective party.
28. Waiver . A waiver of a default of any term of this Agreement shall not be construed as a waiver of any succeeding default or as a waiver of the provision itself. A party's performance after the other party's default shall not be construed as a waiver of that default.
EXHIBIT A
14 AGREEMENT FOR GATEWAY SIGNAGE DESIGN SERVICES
10 29. Severability . Should any portion of this Agreement be determined to be void or unenforceable, such shall be severed from the whole and the Agreement will continue as modified.
30. Construction, References, Captions . Since the parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any party. Any term referencing time, days or period for performance shall be deemed calendar days and not workdays. The captions of the various sections are for convenience and ease of reference only, and do not define, limit, augment or describe the scope, content or intent of this Agreement.
31. Advice of Counsel. The parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this Agreement, and that the decision of whether or not to seek the advice of counsel with respect to this Agreement is a
decision which is the sole responsibility of each of the parties hereto. This Agreement shall not be construed in favor or against either party by reason of the extent to which each party participated in the drafting of this Agreement.
32. Counterparts . This Agreement may be signed in counterparts, each of which shall constitute an original.
33. Time . Time is of the essence in this contract.
34. Entire Agreement . This Agreement contains the entire agreement of the parties with respect to the matters as set forth in this Agreement, and no other agreement, statement or promise made by or to any party or by or to any employee, officer or agent of any party, which is not contained in this Agreement shall be binding or valid.
EXHIBIT A
15 AGREEMENT FOR GATEWAY SIGNAGE DESIGN SERVICES
11 IN WITNESS WHEREOF , Contractor and the City by their duly authorized representatives, have executed this Agreement, on the date first set forth above, at Marina, California.
CITY OF MARINA CONTRACTOR
By:
By:
Name: Layne Long Name: Bianca E. Koenig
Its: City Manager Its: Principal Landscape Architect
Date:
Date:
Approved as to form:
By:
City Attorney
EXHIBIT A
16 EXHIBIT A
17 BEK
January 26, 2023
Proposal for Professional Services for
Brian McMinn, P.E., P.L.S.
Public Works Director/City Engineer
City of Marina, Public Works Department
211 Hillcrest Avenue
Marina, CA 93933
[email protected]
Re: Marina Gateway Signs
Project Understanding
The Gateway Entry Signs project provides an opportunity to establish a welcoming signal for visitors and pride of place for residents. The City of Marina has a lot to be proud of- surrounded by the beauty of the natural environment, from oak woodlands to the sea, and brought to life with passionate and active citizen groups. The diverse and committed City leadership exemplifies great clarity of values and the courage to voice objecting opinions, but with grace and compassion.
The City of Marina (City) is seeking Consultant services for facilitating community engagement, public meetings/presentations, and conceptual design of primary entry points into the City.
Gateway Sign locations include four (4) primary entry points into the City as well as the entry to the airport for a total of five (5) signage locations (See Exhibit A). The four City entry points will be similar in style materials, but the airport may have some unique attribute or feature specific to the airport. The gateway signs are located at or near the following intersections:
Blanco Road at Reservation Road
Reservation Road at Highway 1
Del Monte Boulevard at Reindollar Avenue
Imjin Parkway at Highway
Reservation Road and Imjin Road (Airport Entry Sign)
1. 2.
3. 4.
5. Scope of Work
TASK1-PUBLIC ENGAGEMENT AND PRE-DESIGN
1.1 - Pre-design Meeting and Site Visit
Consultant to plan and coordinate site walk and design kick-off meeting with the City. The pre design meeting is an opportunity to:
Connect with City staff and key stakeholders for an overview of the project.
BELONGING
ENGAGEMENT
KINDNESS
BEK COLLECTIVE INC
bekcollective.com 805 550-7448
PO BOX 708, CAYUCOS, CA 93430
EXHIBIT A
EXHIBIT A
18 Marina Gateway Signs Proposal 2
Assess and document visible site conditions in more detail.
Attend a City tour to confirm understanding of regional character, unique sense of place, and design preferences.
Clearly communicate and confirm understanding of project goals and priorities.
Prepare a project schedule to help keep team accountable and on track.
Consultant will document the meeting in the form of site photos, aerial plan mark-ups, meeting minutes, and as applicable, include action items with responsible party and target due dates.
1.2 - Preliminary Sign Design
Based on currently available base maps and Google Earth imagery, and notes from site meeting, Consultant will prepare preliminary base maps, curate sample imagery for signs and materials, and prepare preliminary design boards to help envision potential design theme, style, and size options for Gateway sign design.
1.3 - Public Engagement
Based on preliminary design sketches, sample imagery, and conceptual-level base plans, Consultant to facilitate a public community outreach event to obtain preliminary feedback and preferences from key stakeholders and the local community. This could be a pop-up tent/booth at a large community gathering or coordinated with a scheduled, special event. Final location and timing to be determined.
Consultant to coordinate with City for preparation of public engagement event with one (1) flier/invitation, two (2] presentation boards, and materials to help advertise and facilitate feedback.
Presentation boards to include photos of existing signs and materials/elements representative of the City of Marina, to receive feedback from the community.
Keys to success for Public Engagement:
Work with City representatives to determine goals for public participation and intended level of impact on decision making.
Meet people where they are. Utilize existing platforms and connector organizations found on Facebook and Next Door. Design non-permanent pop-ups at plazas, businesses and/or community events.
Maintain consistent, transparent, authentic, and sustained communication.
Plan, prepare, and conduct the work expeditiously, but not hastily. Public projects find success when they move at the speed of trust.
BELONGING
ENGAGEMENT
KINDNESS
BEK COLLECTIVE INC
bekcollective.com 805 550-7448
PO BOX 708, CAYUCOS, CA 93430
EXHIBIT A
EXHIBIT A
19 Marina Gateway Signs Proposal 3
TASK1 - DELIVERABLES:
One (1) Site Visit/Meeting and Minutes
Project Schedule
Two (2] 24" x 36” Presentation Boards with Design/Matenal/Theme Options One (1) Public Engagement Flier, Facilitation & Meeting TASK 2-SCHEMATIC DESIGN
2.1 - Topographic Mapping and Data Procurement
Based on feedback and information gathered from Phase 1, Consultant to identify the limit of work and necessary survey area for each of the five (5] gateway signage locations. Detailed field survey data to be obtained for all Gateway Sign locations. Quality base information provides a necessary foundation for design. Consultant will retain the services of Gray Electrical Consulting + Engineering, CORP to provide professional electrical engineering services for conceptual planning of electrical service requirements to support signage locations. Services include dry utility provider facility verification (i.e. map request), consulting, and review. Consultant will retain the services of Whitson Engineers to provide a field survey to determine existing conditions, available Right-of- Way boundary references, and project control. This task may include some or all of the following ground features:
Locating of record Right-of-Way monumentation to relate boundary to improvements.
Locating existing signs or improvements, tree trunks, grade breaks and hardscape improvements.
Surface evidence of utilities or other underground lines (sewer, storm drain water, electric, cable TV, telephone)
Plot underground alignments of utilities if plans are available.
2.2 - Schematic Design
Based on updated base and data procurement information, Consultant to prepare three (3) schematic design options for City Gateway signs and three (3) schematic design options for the Airport sign location for a total of six (6) conceptual, full color sign elevations, and imagery to depict material/finish options. Sign elevation options may vary in scale and style. In coordination with three (3) elevation options, fifteen (15) schematic design plans will be prepared to identify approximate limit of work, proposed improvements, and opportunities/constraints with existing trees, structures, setbacks to travel lanes, line of sight restrictions, and/or utilities as they relate to each sign option. Understanding the City’s commitment to water savings and preservation of native
BELONGING
ENGAGEMENT
KINDNESS
BEK COLLECTIVE INC
bekcollective.com 805 550-7448
PO BOX 708, CAYUCOS, CA 93430
EXHIBIT A
EXHIBIT A
20 Marina Gateway Signs Proposal 4
trees and landscaping, plans will include areas for tree protection, supplemental planting, irrigation, and preliminary plant palette only where appropriate.
2.3 - Public Engagement
Based on outreach and feedback from Task 1, up-to-date survey information, and three (3] concept options, Consultant to engage in the second phase of community meetings/events for public review and feedback. This will include a second, public and interactive community meeting, as well as formal presentations at scheduled Planning Commission and City Council meetings.
TASK 2 - DELIVERABLES:
Topographic Survey, Preliminary Utility Coordination & Right-of-Way Determination Six (6) Gateway Sign Elevation Options (with two (2] revisions included) Fifteen (15) Gateway Sign Schematic Plans (with two (2) revisions included) Five (5) 24" x 36" Presentation Boards with Design Options One (1) Public Engagement Flier, Facilitation & Meeting Attend/Present Public Agency Meetings (Planning Commission and City Council; Two (2) Total)
Additional Services
The following professional services are not included in this proposal but can be coordinated or included as a sub-consultant, pending further discussion and agreement with the City.
Traffic Control
Website Hosting, Design, and Development
Arborist Services
Agency Application/Permit Processing/Fees
Site Specific, Three-Dimensional Renderings/Photo Simulations Marking Utility Locations On-Site
BELONGING
ENGAGEMENT
KINDNESS
BEK COLLECTIVE INC
bekcollective.com 805 550-7448
PO BOX 708, CAYUCOS, CA 93430
EXHIBIT A
EXHIBIT A
21 Marina Gateway Signs Proposal 5
BELONGING
ENGAGEMENT
KINDNESS
BEK COLLECTIVE INC
bekcollective.com 805 550-7448
PO BOX 708, CAYUCOS, CA 93430
Fees
Fees for Professional Services outlined above shall be billed monthly on a time and materials basis, not to exceed the amount of $74,032. Should we reach this amount, approval, in advance, must be given by Client for additional fees.
Billing
Billing shall be on a monthly basis. Direct costs such as printing, travel over 50 miles, materials, photography, sub-consultants, and other non-wage expenses are considered reimbursable and are billed at cost plus 10%.
Signature
_______________________________________________________________ _______________________ Name Date
_______________________________________________________________ 01/26/2023__________ Bianca E. Koenig, PLA, CA Lic. No. 5081 Date
BEK COLLECTIVE INC
Landscape Architects are licensed by the State of California
EXHIBIT A
EXHIBIT A
22 Marina Gateway Signs Proposal 7
EXHIBIT A
Sign Locations (approximate)
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BELONGING
ENGAGEMENT
KINDNESS
BEK COLLECTIVE INC
bekcollective.com 805 550-7448
PO BOX 708, CAYUCOS, CA 93430
EXHIBIT A
EXHIBIT A
23 1/26/2023FEE SCHEDULE
BUDGET SUMMARY
MARINA GATEWAY SIGNAGE DESIGN SERVICES
Professional Consulting Services
City of Marina, CA
Landscape Architecture & Design Services Civil Engineering and Surveying Services Structural Electrical Engineering Services BEK COLLECTIVE INC RMA (Irrigation) WHITSON ENGINEERS SSG,LLP GECECORP PM/Owner PM/Owner
Michael Parolini
PM/Owner
Heather Gray
PM/Owner
B.Koenig/B.Maran
Sr. Designer
J. Koenig/Feld
Designer Principal
Andy Hunter
Land Surveyor.
Chuck Pugh
1-Person
Field Crew
Utility Coordinator
Direct
Reimb.
Costs
Chris Mitchell
Service Fee
$165 $125 $95 $150 $240 $175 $210 $210 $200 $152 (10%) TOTAL Task Description hours hours hours hours hours hours hours hours hours hourscost cost cost cost cost cost cost cost cost cost cost cost TASK 1 PUBLIC ENGAGEMENT AND PRE-DESIGN
$990 $0 $380 $0 $0 $0 $0 $0 $0 $0 $250 $25.00 $1,6451.1Pre-Design Meeting and Site Visit 6 0 4 0 0 0 0 0 0 0 10 $1,980 $4,000 $1,140 $600 $960 $700 $0 $840 $1,600 $1,824 $0 $652.40 $14,2961.2Preliminary Sign Design 12 32 12 4 4 4 0 4 8 12 92 $3,960 $1,500 $1,140 $0 $0 $0 $0 $0 $0 $0 $500 $50.00 $7,1501.3 Public Engagement 24 12 12 0 0 0 0 0 0 0 48 $6,930 $5,500 $2,660 $600 $960 $700 $0 $840 $1,600 $1,824 $750 $727 $23,091TASK 1 Subtotal 42 44 28 4 4 4 0 4 8 12 150 TASK 2 SCHEMATIC DESIGN
$165 $0 $0 $0 $480 $5,250 $6,720 $0 $0 $0 $150 $1,260.00 $14,0252.1Topographic Mapping and Data Procurement1 0 0 0 2 30 32 0 0 0 65 $7,920 $9,000 $8,550 $0 $480 $875 $0 $0 $0 $0 $150 $150.50 $27,1262.2Schematic Design 48 72 90 0 2 5 0 0 0 0 217 $3,960 $3,000 $2,280 $0 $0 $0 $0 $0 $0 $0 $500 $50.00 $9,7902.3Public Engagement 24 24 24 0 0 0 0 0 0 0 72 $12,045 $12,000 $10,830 $0 $960 $6,125 $6,720 $0 $0 $0 $800 $1,461 $50,941TASK 2 Subtotal 73 96 114 0 4 35 32 0 0 0 354 $18,975 $17,500 $13,490 $600 $1,920 $6,825 $6,720 $840 $1,600 $1,824 $1,550 $2,188 $74,032Project Subtotal115 140 142 4 8 39 32 4 8 12 504 $74,032GRAND TOTAL
Notes:
E£K
1) Fees quoted in this proposal will remain valid for 90 days from the submittal date. 2) Reimbursable costs service fee at 10%.
3) Subconsultant service fee at 10%.
4) Survey Field Crew Rate based on Prevailing Wage Rates. 5) Fees do not include drilling permits, encroachment permits, or traffic control.
EXHIBIT A
24 CITY OF MARINA
PO BOX 708, CAYUCOS, CA bekcollective.com 805 550-7448 BEK COLLECTIVE
GATEWAY ENTRY SIGNS
FEE SCHEDULE
SUBMITTED BY
OCTOBER 19, 2022
EXHIBIT B
EXHIBIT A
25 CITY OF MARINA - Gateway Entry Signs
HOURLY RATE SCHEDULES
FORMS OF AGREEMENT
CONTENTS
1 11
EXHIBIT B
EXHIBIT A
26 HOURLY RATE
SCHEDULES
EXHIBIT B
EXHIBIT A
27 CITY OF MARINA - Gateway Entry Signs
p. 4
HOURLY RATE SCHEDULE
CATEGORY H OURLY RATE
Landscape Architect or Principal $165.00/hr
Senior Designer/Technician $125.00/hr
Designer/Technician $95.00/hr
Administrator $85.00/hr
REIMBURSABLES
Professional Services by Others Cost Plus 10%
Material, Postage, Reproduction, Phone Cost Plus 10%
Mileage Current Federal Rate
Bianca E. Koenig, ASLA, RLA, Lic. No. 5081
[email protected]
Landscape Architecture
P.O Box 708, Cayucos, Ca 93430
bekcollective..com
EXHIBIT B
EXHIBIT A
28 CITY OF MARINA - Gateway Entry Signs
p. 5
/rpw | feesch41-10.docx
HOURLY RATE SCHEDULE
Category Hourly Rate
Principal Engineer $ 240.00
Senior Civil Engineer $ 195.00
Senior Land Surveyor $ 195.00
Civil Engineer $ 175.00
Land Surveyor $ 175.00
Senior Associate Engineer / Surveyor $ 165.00
Associate Engineer / Surveyor $ 150.00
Assistant Engineer / Surveyor $ 130.00
Senior Engineering / Survey Technician $ 125.00
Engineering / Survey Technician $ 120.00
Administrative Support $ 75.00
Engineering Aide $ 70.00
Expert Witness / Court Hearing $ 325.00
Field Surveying*
One Person Survey Crew (Prevailing Wage) $ 210.00
Two Person Survey Crew (Prevailing Wage) $ 350.00
Reimbursables
Professional Services by Others Cost Plus 10%
In-House Large Format Plotting / Copies (Black & White) $0.54 / S.F.
In-House Plots, Prints, Copies (Color/Special Media) Rates vary, available upon request In-House Prints / Copies (Black & White) $0.10/sheet for 8.5x11, $0.54/sheet for 11x17 Materials, Postage, Reproduction, Telephone Cost Plus 10% Mileage Per Current Federal Rate
*Survey Crew rates are Prevailing Wage #41
Rates effective January 1, 2020
EXHIBIT B
EXHIBIT A
29 CITY OF MARINA - Gateway Entry Signs
p. 6
Michael E. Parolini, PE,, SE
SSG Structural Engineers, LLP
[email protected]
M| 805.391.7819
O | 805.439.211
Structural Engineering
811 El Capitan Way, Suite 240, San Luis Obispo, CA 93401 ssgse.com
Page | 1
EMPLOYEE HOURLY RATE SHEET
Effective January 1, 2022
Position Rate
Principal Structural Engineer $210 / hr
Principal Engineer $200 / hr
Senior Structural Engineer $160 / hr
Structural Engineer $145 / hr
Senior Project Engineer $135 / hr
Project Engineer $125 / hr
Staff Engineer $115 / hr
Production (CAD) Operator $90 / hr
Production (CAD) Technician $75 / hr
Administrative Professional $50 / hr
Reimbursable Expenses shall be billed at a rate of 1.1 times direct cost (Mileage, Travel, Printing, Shipping, Etc.)
HOURLY RATE SCHEDULE
EXHIBIT B
EXHIBIT A
30 CITY OF MARINA - Gateway Entry Signs
p. 7
Chris Mitchell, Irrigation Consultant, Vice President
Russell D. Mitchell & Associates, Inc. (RMA)
[email protected]
925.939.3985
Irrigation Consulting
2760 Camino Diablo, Walnut Creek, CA 94597
rmairrigation.com
HOURLY RATE SCHEDULE
CATEGORY H OURLY RATE
Principal Designer
Design Assistant
Draftsman
Fieldwork
Clerical
$150.00
$125.00
$100.00
$ 75.00
$150.00
$ 75.00
EXHIBIT B
EXHIBIT A
31 CITY OF MARINA - Gateway Entry Signs
p. 8
Heather A. Gray, Electrical Engineer, Owner, Principal
Gray Electrical Consulting+ Engineering
805.361.0525
Electrical Consulting + Engineering
2529 Professional Parkway, Suite A
P.O Box 368, Santa Maria, CA 93456
gececorp.com
GECE Rate Schedule - Engineering Services
Engineering
Professional Electrical Engineer $174
Expedited Professional Electrical Engineering Services $190 Sr. Electrical Designer $150.00
Electrical Designer $126.50
Drafting
Sr. Electrical Drafting Technician (3-D Modeling for Electrical Systems) $110 Electrical Drafting Technician $95
Project Management / Project Controls / Administrative
Utility Coordinator $131.75
Electrical Project Manager $126.50
Secretarial $68.50
Equipment / Services
Reproduction, Postage, and Shipping Cost + 10%
Airfare, Lodging, and Travel Expenses Cost + 15%
Mileage $0.56 / mile
AutoCAD File Issuance (As Built Purposes), < 30 sheets $75 / sheet AutoCAD File Issuance (As Built Purposes), > 30 sheets $55 / sheet Overtime rates are 1.5 times the hourly rate, when services are provided beyond 8 hours in a given workday. These rates are subject to change by GECE every 12-month period on the anniversary of the execution of this proposal.
EXHIBIT B
EXHIBIT A
32 EXHIBIT A
33 C-1
EXHIBIT C - INSURANCE
Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives, or employees.
MINIMUM SCOPE AND LIMIT OF INSURANCE
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Consultant has no owned autos, Code 8 (hired) and 9 (non- owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. (Not required if consultant provides written verification it has no employees)
4. Professional Liability (Errors and Omissions): Insurance appropriates to Consultant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate.
If Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of Consultant including materials, parts, or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available,
EXHIBIT A
34 C-2
through the addition of both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).
Primary Coverage
For any claims related to this contract, Consultant’s insurance coverage shall be primary and non-contributory and at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance and shall not contribute with it. This requirement shall also apply to any Excess or Umbrella liability policies.
Umbrella or Excess Policy
Consultant may use Umbrella or Excess Policies to provide the liability limits as required in this agreement. This form of insurance will be acceptable provided that all of the Primary and Umbrella or Excess Policies shall provide all of the insurance coverages herein required, including, but not limited to, primary and non-contributory, additional insured, Self-Insured Retentions (SIRs), indemnity, and defense requirements. The Umbrella or Excess policies shall be provided on a true “following form” or broader coverage basis, with coverage at least as broad as provided on the underlying Commercial General Liability insurance. No insurance policies maintained by the Additional Insureds, whether primary or excess, and which also apply to a loss covered hereunder, shall be called upon to contribute to a loss until Consultant’s primary and excess liability policies are exhausted.
Notice of Cancellation
Each insurance policy required above shall provide that coverage shall not be canceled, except with notice to the City.
Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acquire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City. The City may require Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the named insured or City. The CGL and any policies, including Excess
EXHIBIT A
35 C-3
liability policies, may not be subject to a self-insured retention (SIR) or deductible that exceeds $25,000 unless approved in writing by City. Any and all deductibles and SIRs shall be the sole responsibility of Consultant or subcontractor who procured such insurance and shall not apply to the Indemnified Additional Insured Parties. City may deduct from any amounts otherwise due Consultant to fund the SIR/deductible. Policies shall NOT contain any self-insured retention (SIR) provision that limits the satisfaction of the SIR to the City. The policy must also provide that Defense costs, including the Allocated Loss Adjustment Expenses, will satisfy the SIR or deductible. City reserves the right to obtain a copy of any policies and endorsements for verification.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Claims Made Policies
If any of the required policies provide claims-made coverage:
1. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the contract effective date, Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
Verification of Coverage
Consultant shall furnish the City with original certificates and amendatory endorsements or copies of the applicable policy language effecting coverage required by this clause and a copy of the Declarations and Endorsements Pages of the CGL and any Excess policies listing all policy endorsements. All certificates and endorsements and copies of the Declarations & Endorsements pages are to be received and approved by the City before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive Consultant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
EXHIBIT A
36 C-4
Subcontractors
Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure that City is an additional insured on insurance required from subcontractors.
Duration of Coverage
CGL & Excess liability policies for any construction related work, including, but not limited to, maintenance, service, or repair work, shall continue coverage for a minimum of five (5) years for Completed Operations liability coverage. Such Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
Special Risks or Circumstances
City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other
EXHIBIT A
37 December 19, 2023 Item No. 13(e)
Honorable Mayor and Members City Council Meeting
Of the Marina City Council of December 19, 2023
CITY COUNCIL TO CONSIDER ADOPTING RESOLUTION NO. 2023-,
APPROVING THE MARINA LIBRARY BUTTERFLY GARDEN
PROJECT AND AN ACCESS AGREEMENT WITH RESOURCE
CONSERVATION DISTRICT OF MONTEREY COUNTY
RECOMMENDATION:
It is requested that the City Council:
1. Consider adopting Resolution No. 20 23-, approving the Marina Library Butterfly Garden project and
2. Authorizing the city manager to enter into an access agreement with the Resource Conservation District of Monterey County subject to final review and approval by the City Attorney.
BACKGROUND:
Earlier this year Citizens for Sustainable Marina (C4SM) and other volunteers removed some of the invasive grasses that were planted in the medians at the library parking . The intent was to replant the area with more native and sustainable plants.
The attached letter from RCDMC (EXHIBIT A) gives an overview of the proposed project to partner with the City of Marina to establish a butterfly garden in the medians of the library parking lot.
The Resource Conservation District of Monterey County (RCD MC) is a non -regulatory special district governed by a board of directors (appointed by County Supervisors) specializing in natural resources management.
ANALYSIS:
Staff has reviewed the concept plan for the proposed project and supports the partnership with RCDMC and C4SM to establish a butterfly/pollinator habitat in the parking lot medians. This project would also support educational opportunities for all library visitors on local native plants and species. Earlier this year, the City Council approved in the FY 23/24 budget $50,000 for irrigation system upgrades to the library park area.
RCDMC recently secured funding via a block grant from the California Association of Resource Conservation Districts from the Wildlife Conservation Board . This grant aims to address critical loss of habitat for Monarch butterflies. RCDMC has been working in partnership with Citizen for Sustainable Marina (C4SM) to develop a project plan for an educational butterfly garden in the medians with the Marina Library parking lot and adjacent to the library. RCDMC has received approximately $12,500 to provide technical assistance for planning, installation and maintenance, and funding for supplies and materials including plants, irrigation infrastructure, mulch, etc.
1 Before RCDMC can proceed with project implementation, RCDMC must secure a ten-year access agreement from the city which establishes that the proposed habitat at the Marina Library can be accessed and can be inspected by the RCDMC, the California Department of Fish and Wildlife, and the Wildlife Conservation Board for the duration of the agreement. Partners must develop a plan for long-term maintenance of the site. RCDMC plans to support an Americorps intern who would work primarily with C4SM on this project along with other RCDMC projects within Marina.
FISCAL IMPACT:
There should not be any additional impact on General Fund revenues for the project. Between the $50,000 CIP funding for the project, the approximately $12,500 in grant funding from RCDMC and the volunteer labor for installation of the project from C4SM and RCDMC, the project should be able to be completed. It is anticipated to begin in early 2024.
CONCLUSION:
This request is submitted for City Council consideration and action.
Respectfully submitted,
____________________________
Cyrah Caburian
Executive Assistant
City of Marina
REVIEWED/CONCUR:
_____________________________
Layne P. Long
City Manager
City of Marina
2 RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA
APPROVING MARINA LIBRARY BUTTERFLY GARDEN CONCEPT PLAN
AND AUTHORIZING AN ACCESS AGREEMENT WITH RESOURCE
CONSERVATION DISTRICT OF MONTEREY COUNTY
WHEREAS, the Resource Conservation District of Monterey County (RCDMC)is a non- regulatory special district specializing in natural resources management; and
WHEREAS, the RCDMC secured funding via block grant from the California Association of Resource Conservation Districts and Wildlife Conservation Boards to identify sites to implement a butterfly garden in the medians within the Marina Library parking lot; and
WHEREAS, to implement the project, RCDMC must secure a ten -year access agreement establishing maintenance of the butterfly garden , which would support educational opportunities for all library visitors on local plants and species and Marina’s support of conservation efforts.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Marina as follows:
1. Approve the Marina Library Butterfly Garden Project partnering with RCDMC and C4SM; and
2. Authorize the City Manager to execute an access agreement between the City of Marina and the Resource Conservation District of Monterey County subject to final review and approval by the City Attorney.
PASSED AND ADOPTED by the Marina City Council at a regular meeting duly held on the 19th day of December 2023 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
_______________________________
Bruce C. Delgado, Mayor
ATTEST:
________________________________
Anita Sharp, Deputy City Clerk
3 744 La Guardia Street, Building A, Salinas, CA 93905 (831) 975-7775 “Conserving and improving natural resources, integrating the public interest in environmental protection with the needs of agricultural and urban users” Resource Conservation District of Monterey County
Overview of Partnership Opportunity for Marina Library Butterfly Garden About the RCD
The Resource Conservation District of Monterey County (RCD) is a non-regulatory special district whose mission is “to conserve and improve our natural resources, integrating the public interest in environmental protection with the needs of agricultural and urban users.” We are governed by a board of directors appointed by the County Supervisors who serve on a voluntary basis to provide leadership and direction to the work we do. We have a staff of 14 permanent employees and up to five seasonal employees with a wide diversity of experiences and skills in the field of natural resources management.
The RCD works collaboratively with public and private entities on resource conservation and environmental restoration projects throughout Monterey County. Program areas include wildlife/pollinator habitat creation and enhancement, forest health and fuels management, watershed restoration, floodplain management and invasive plant control, and agricultural technical assistance. We are funded by local, state, and federal grants, contracts, and donations (no tax base). The California Association of RCDs provides support and organization to the 97 RCDs in California.
About the Funding Opportunity
The RCD recently secured funding to assist local partners with establishing butterfly/pollinator habitat in public spaces. Funding comes from a block grant to the California Association of RCDs from the California Wildlife Conservation Board. The funding aims to address the critical loss of habitat for pollinators throughout California, with a particular focus on monarch butterflies. We are looking for partners with project ideas for small gardens on public property.
Through the CARCD/WCB grant, RCD can provide technical assistance for project planning, assistance with project installation and maintenance, and funding for supplies and materials (apx. $12,500 per project), including plants, irrigation infrastructure, mulch, etc.
Before proceeding with project implementation, we must secure a ten-year access agreement promising that installed habitat will be maintained and the property can be inspected by RCDMC, the Department of Fish and Wildlife, and the Wildlife Conservation Board for the duration of the agreement. Partners must develop a plan for long-term maintenance of the site.
Marina Library Butterfly Garden
The RCD has been working with Citizens for Sustainable Marina (C4SM) to develop a project plan for an educational butterfly garden in areas within the Marina Library parking lot and adjacent to the library. We are excited about this collaboration opportunity and have confidence that the leadership and established
EXHIBIT A
4 12/14/2023 2/2
volunteer base of C4SM will lead to successful project completion. The RCD is planning to support an Americorps intern who would work primarily with C4SM on this and other projects in Marina.
We believe this project will provide important educational opportunities for all library visitors about our local native plants and the unique creatures that depend on them, and will inspire and empower individual community members to take steps to protect our natural resources, like planting native plants at their own homes. The RCD sees this project as an opportunity to begin a lasting partnership with the City of Marina to enhance the value of Marina’s land for our local flora and fauna and our community members.
EXHIBIT A
5 November 27, 2023 Item No. 13f
Honorable Mayor and Members
of the Marina City Council
City Council Meeting
of December 17, 2023
Honorable Chair and Members
of the Abrams B and Preston Park
Abrams B NPC Meeting of
December 17, 2023
Sustainable Community Non-Profit Corporation Boards Preston Park Sustainable Community NPC Meeting of
December 17, 2023
APPROVAL OF AMENDMENT NO. 5 EXTENDING THE AMENDED
MANAGEMENT AGREEMENT BETWEEN THE CITY OF MARINA, CITY OF
MARINA ABRAMS B NON-PROFIT CORPORATION , AND GREYSTAR
CALIFORNIA, INC. UNTIL DECEMBER 31, 202 4 FOR ABRAMS B HOUSING AREA; AND APPROVAL O F AMENDMENT NO. 5 EXTENDING THE AMENDED
MANAGEMENT AGREEMENT BETWEEN THE CITY OF MARINA , CITY OF
MARINA PRESTON PARK SUSTAINABLE COMMUNITY NON -PROFIT, AND GREYSTAR CALIFORNIA, INC. UNTIL DECEMBER 31, 202 4 FOR PRESTON
PARK HOUSING AREA
REQUEST:
It is requested that the City Cou ncil, Board of Directors Abrams B Non-Profit Corporation, and Board of Directors Preston Park Sustainable Community Non-Profit Corporation consider:
(1) Adopting Resolution No. 2023- and Resolution No. 2023- (NPC), approving Amendment No. 5 to the Amended Management Agreement Between City of Marina, City of Marina Abrams B Non-Profit Corporation, and Greystar California, Inc. for Abrams B Housing Area, and (2) Authorizing City Manager/Executive Director to execute Amendment No. 5 to the Amended Management Agreement on Behalf of the City and the Non-Profit Corporation subject to final review and approval by the City Attorney/Non-Profit Corporation Legal Counsel. (3) Adopting Resolution No. 20 23- and Resolu tion No. 20 23- (PPSC-NPC), approving Amendment No. 5 to the Amended Management Agreement Between City of Marina, City of Marina Preston Park Sustainable Community Non-Profit Corporation, and Greystar California, Inc. for Preston Park Housing Area, and
(4) Authorizing City Man ager/Executive Director to e xecute Amendment No. 5 to the Amended Management Agreement on Beh alf of the City and the Non -Profit Corporation subject to final review and approval by the City Attorney/Non-Profit Corporation Legal Counsel.
BACKGROUND:
Abrams Park
The City is the o wner of the Abram s B housing area, and the Abrams B Non-Profit Corporation is the lessee of the property. At a regular meeting of October 1 6, 2007, the City Counc il adopted Resolution No. 2007-249 and the Non-Profit Corporation Board adopted Resolution No. 2007 -01 (NPC) approving the Management Agreement with Alliance Residential LLC (which became Alliance Communities Inc. in May 2009 ) for management of the Abrams housing area . The agreement remained in eff ect through December 31, 2018.
1 At a regular meetin g of December 4, 2018, the City Counc il adopted Resolution No. 2018-143 and the Abrams B Non -Profit Corporation Board adopted R esolution No. 2018-08 (NPC) which approved an Amended Management Agreement with Alliance Communities, Inc (which became Greystar California, Inc. on June 1, 2020).
The Amended Management Agreement has been extended annually through four (4) Amendments. The current term will expire on December 31, 202 3. As proposed, Amendment No. 5 to the Amended Management Agreement would extend the term of the Managemen t Agreement from January 1, 202 4, to December 31, 2024 (“EXHIBIT A”).
Preston Park
The City of Marina purchased Preston Park from the Fort Ord Reuse Authority in September 2015 and approved a Management Agreement between the City of Marina , Preston Park Sustainable Community Non-Profit Corpo ration and Alliance Communities In c., for the Preston P ark Housing Are a. This Agreement expired December 31, 2018.
At a regular meeting of December 4, 2018, the City Council adopted Resol ution No. 2018-144 and the Preston Park Sustainable Community Non-Profit Corporation Board adopted Resolution No. 2018-08 (NPC) which approved an Amended Management Agreement with Alliance Commun ities, In c (which became Greystar California, Inc. on June 1, 2020).
The Amended Management Agreement has been extended annually through four (4) Amendments. The current term will expire on December 31, 202 3. As proposed, Amendment No. 5 to the Amended Management Agreement would extend the term of the Managemen t Agreement from January 1, 202 4, to December 31, 2023 (“EXHIBIT B”).
ANALYSIS:
The proposed Amendment No. 5 to the Amended Management Agreement s found in EXHIBIT A and EXHIBIT B extend the terms of the Agreements from January 1, 2024, to December 31, 2024.
Historically, the City Council has requested that a review of Greystar’s performance be conducted prior to consideration of an extension of their a greement for th e next year. The following p erformance measurements continue to be monitored and reviewed with the Preston and Abrams Parks and Tenant’s Association representa tives and Greystar during the budget p rocess and throughout the year . The measures include.
• Revenue vs. expenses vs. budget performance
• Maintenance of the property
• Relationship/communication with residents
• Community appearance
• Capital improvement project status
• Resident complaints
• Responses to service requests
• Suggestions from tenant’s association
Staff is recommending that the agreement with Greystar be extended for another year, through December 31, 2024.
FISCAL IMPACT:
Should the City Council, Abrams B Non-Profit Corporation Boar d, and Preston Park Sustainable Community Non-Profit Corporation Board approve the request, the Amendment No. 5 to the Amended Management Agreements do not change the compensation to Greystar and rental revenue would continue to be collected on and after January 1, 2024, until December 31, 2024. 2 CONCLUSION:
This request is submitted for City Council and Non -Profit Corporation Boards consideration and possible action.
Respectfully submitted,
___________________________
Matt Mogensen
Assistant City Manager
City of Marina
REVIEWED/CONCUR:
____________________________
Layne P. Long
City Manager
City of Marina
3 RESOLUTION NO. 2023-
RESOLUTION NO. 2023- (NPC)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA APPROVING AMENDMENT NO. 5 TO AN AMENDED MANAGEMENT AGREEMENT BETWEEN THE
CITY OF MARINA, CITY OF MARINA ABRAMS B NON-PROFIT CORPORATION AND GREYSTAR CALIFORNIA, INC. FOR ABRAMS B HOUSING AREA, AUTHORIZING CITY MANAGER TO EXECUTE THE AMENDMENT NO. 5 TO THE AMENDED
MANAGEMENT AGREEMENT ON BEHALF OF THE CITY SUBJECT TO FINAL
REVIEW AND APPROVAL BY THE CITY ATTORNEY
WHEREAS, at a regular meeting of October 16, 2007, the City Council adopt ed Resolution No . 2007-249 and the Non -Profit Corporation Board adopted Resolution No. 2007 -01 (NPC) approving the Management Agreement w ith Alliance Resid ential LLC (which b ecame Alliance Communities Inc. in May 2009) for management of the Abrams housing area, which expired on December 31, 2018; and,
WHEREAS, at a regular meeting of December 4, 2018, the C ity Council adop ted Resolution No. 2018-143 and the Abrams B Non -Profit Corporation Board adopted Resolution No. 2018 -08 (NPC) which appr oved an Amended Management Agreement with Alliance Commun ities, In c (which became Greystar California, Inc. on June 1, 2020); and, WHEREAS, the Amended Management Agreement has been extended annual through four (4) Amendments, the latest term will expire on December 31, 2023; and, WHEREAS, the proposed, Amendment No. 5 to the Amended Management Agreement would extend the term of the Management Agreement from January 1, 2 024 to December 31, 202 4 (“EXHIBIT A”); and,
WHEREAS, pursuant to the Assignment Agreement, th e Mana gement Agreement may not be terminated without the prior written c onsent of the Federal National Mortgag e Association (“Fannie Mae”); and,
WHEREAS, Amendment N o. 5 to the Amended Man agement Ag reement does not change the compensation to Greystar under the Management Agreement and rental revenue would continue to be collected on and after January 1, 2024 until December 31, 2024.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Marina does hereby:
1. Approve Amendment No. 5 to the Amended Management Agreement between the City of Marina, the City of Marina Abrams B Non-Profit Corporation and Greystar California, Inc. for Abrams B Housing Area ( EXHIBIT A) extending the term of the Management Agreement from January 1, 2024 to December 31, 2024; and,
2. Authorize the City Manager to execute Amendment No. 5 to the Amended Management Agreement for Abrams B on behalf of the City, subject to final review and approv al by the City Attorney.
4 Resolution No. 2023-
Resolution No. 2023- (NPC)
Page Two
PASSED AND ADOPTED by the City Council at a regular meeting duly held on the 17 th day of December 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 RESOLUTION NO. 2023-
RESOLUTION NO. 2023- (PPSC-NPC)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA AND THE BOARD OF
DIRECTORS OF THE PRESTON PARK SUSTAINABLE COMMUNITY NON-PROFIT CORPORATION APPROVING AMENDMENT NO. 5 TO THE AMENDED MANAGEMENT AGREEMENT BETWEEN THE CITY OF MARINA AND GREYSTAR CALIFORNIA, INC.
FOR PRESTON PARK AND AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 5 TO THE AMENDED MANAGMENT AGREEMENT SUBJECT TO
FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY
WHEREAS, the City of Marina purcha sed Preston Park from the Fort Ord Reuse Authority in September 2015 and approved a Management Agre ement between the City of Marina , Preston Park Sustainable Community Non -Profit Corpo ration and Alliance Communities In c. (which becam e Alliance Communities Inc. in May 2009) , for the Preston P ark Housing Are a, which expired on December 31, 2018; and,
WHEREAS, at a regular meeting of December 4, 2018, the City Co uncil adopted Resolution No. 2018- 144 and the Preston Park Sustainable Community Non-Profit Corporation Board adopted Resolution No. 2018-08 (NPC) which approved an Amended Manag ement Agreement with Alliance Communities, Inc (which became Greystar California, Inc. on June 1, 2020); and, WHEREAS, WHEREAS, the Amended Management Agreement has been extended annual through four (4) Amendments, the latest term will expire on December 31, 2023; and, WHEREAS, the proposed, Amendment No. 5 to the Amended Manag ement Agreement would extend the term of the Management Agreement from January 1, 202 4 to December 31, 202 4 (“EXHIBIT B”); and,
WHEREAS, pursuant to the Assignment A greement, the Management Agreement may not be terminated without the pri or written cons ent o f the Federal National Mortgage Association (“Fannie Mae”); and,
WHEREAS, Amendment N o. 5 to the Amended Management Agreement does not change the compensation to Greystar under the Management Agreement and rental revenu e would continu e to be collected on and after January 1, 2024 until December 31, 2024.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Marina does hereby:
1. Approve Amendment No. 5 to the Amended Management Agreement between the City of Marina, the City of Marina Preston Park Sustainabl e Community Non-Profit Corporation and Greystar California, Inc. for the Preston Park Housing Area (EXHIBIT B) extending the term of the Management Agreement from January 1, 2024 to December 31, 2024; and,
2. Authorize the City Manage r to execute Amendment No. 5 to the Amended Management Agreement for Preston Park Sustainable Community Non-Profit Corporation Board on behalf of the City, subject to final review and approval by the City Attorney. 6 Resolution No. 2023-
Resolution No. 2023- (PPSC-NPC)
Page Two
PASSED AND ADOPTED by the City Council at a regular meeting duly held on the 17 th day of December 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
7 AMENDMENT NO. 5 TO THE
AMENDED MANAGEMENT AGREEMENT
FOR
ABRAMS PARK
THIS AMENDMENT NO. 5 TO THE AMENDED MANAGEMENT
AGREEMENT (“Amendment No. 5”) is made and entered into on December __, 2023, by and between the City of Marina, a California municip ality, and Abrams B Non-Profit Corporation, a California nonprofit public benefit corporation , (collectively referred to as “Owner,”) and Greystar California, Inc., a Delaware corporation, (hereinafter referred to as “Operator”), as assignee of Alliance Communities II, LLC, a Delaware limited liability company formerly known as Alliance Communities, Inc. (formerly a Delaware corporation),” as follows:
RECITALS
1. On October 16, 2007 , Owner and Operator’s predecessor in interest entered into a Management Agreement for day-to-day property management services of the Abrams Park multifamily residential apartment project (“Abrams Park”); and
2. On dates subsequent to October 16, 2007, Owner and Operator’s predecessor(s) entered into various amendments of the agreement; and
3. On November 28, 2019, the City Council approved an Amended Management Agreement for Abrams Park (“Agreement”), which has received four (4) annual amendments to extend the term, the most recent of which was approved on December 6, 2022; and
4. Owner and Operator, as the Owner’s managing agent wish to extend the services contained in the Agreement.
Terms & Conditions
The above recitals are true, correct and incorporated herein by this reference.
Now, therefore, for valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree to enter into this Amendment No. 5, and to amend the Agreement effective as of the date first written above as follows:
1. Section 2.1 of the Agreement is hereby amended and restated to read in its entirety as follows:
“2.1 TERM. The term of this Agreement shall commence on January 1, 2024, unless an earlier date is agreed to by City, the current operator and Operator, and shall continue to and include December 31, 2024, unless terminated as provided herein or extended in writing by mutual agreement thereto.”
2. Only the numbered paragraphs of the Agreement that are being amended are set forth in this Amendme nt No. 5. All references in this Amendment No. 5 to a
EXHIBIT A
8 separate instrument or agreement shall include such instrume nt or agreement as the same may have been amended or supplemented from time to time pursuant to the applicable provisions thereof.
3. Capitalized terms used but not defined in this Amendment No. 5 shall have the meanings given to them in the Agreement.
4. Integration. This Amendment No. 5 and the Agreement represent the entire agreement concerning this subject matter and supersedes prior negotiations or agreements. All prior agreements, understandings, representations, warranties, and negotiations between the parties about the subject matter of this Amendment No. 5 and the Agreement merge into this Amendment No. 5 and the Agreement.
5. Counterparts. This Amendment No. 5 may be executed in any number of counterparts and all of counterparts taken together shall be deemed to constitute one and the same instrument.
6. Authority. Each individual executing this Amendment No. 5 represents and warrants that they are duly authorized to execute and deliver this Amendment No. 5 and that this Amendment No. 5 is binding in accordance with its terms.
Except as provided above, the Agreement is in all other respects in full force and effect.
[Signature Pages Immediately Follow]
EXHIBIT A
9 IN WITNESS WHEREOF , the parties hereto have executed this Amendment No. 5 on the date and year first written above.
OWNER:
CITY OF MARINA
By:
Name: Layne Long
Title: City Manager
Date:
CITY OF MARINA ABRAMS B NON-PROFIT CORPORATION
By:
Name: Layne Long
Title: Executive Officer
Date:
Approved pursuant to City Council Resolutio n No. 20 23-__________ and Abrams B Non-Profit Corporation Resolution No. 2023-__________
Attest:
By:
City Clerk
Approved as to Form
By:
City Attorney
EXHIBIT A
10 OPERATOR:
GREYSTAR CALIFORNIA, INC.,
a Delaware corporation
By:
Name: Gerard Stephen Donohue, Jr.
Title: Vice President
Designated Broker – Officer
DRE License # 12655072
Date:
EXHIBIT A
11 EXHIBIT “B”
Abrams Park Management Agreement
GREYSTAR CALIFORNIA, INC.
MANAGEMENT STRUCTURE
The Senior Management Team for Preston Park and Abrams Park:
Regional Property Manager
Regional Maintenance Manager
Manager of Performance and Strategy
Regional Marketing Manager
Director of Real Estate
Regional Property Manager has an office at Schoonover Park. She will be at the communities at least two days a week and will have the capacity to spend additional time as needed. She will be responsible for all compliance training related to the approved below market rate rental program.
Regional Maintenance Manager will perform monthly site inspections in addition to overseeing any capital projects that require completion. He will spend no less than two days per month at the community and possibly more depending on the capital project requirements.
Manager of Performance & Strategy and Regional Marketing Manager will spend no less than one day each month at the site providing leasing and customer service training and marketing resources. They are also available on an as needed basis for one-on-one training.
Director of Real Estate will be at the site no less than once per month.
The team above is available to meet with the Owner as needed. Owner is to provide operator with an annual calendar of expected meetings during transition period.
EXHIBIT A
12 AMENDMENT NO. 5 TO THE
AMENDED MANAGEMENT AGREEMENT
FOR
PRESTON PARK
THIS AMENDMENT NO. 5 TO THE AMENDED MANAGEMENT
AGREEMENT (“Amendment No. 5”) is made and entered into on December __, 2023, by and between the City of Marina, a California munici pality, and Preston Park Sustainable Nonprofit Corporation , a California nonprofit public benefit corporation , (collectively referred to as “Owner,”) and Greystar California, Inc., a Delaware corporation (hereinafter referred to as “Operator”) , as assignee of Alliance Communities II, LLC, a Delaware limited liability company formerly known as Alliance Communities, Inc. (formerly a Delaware corporation) as follows:
RECITALS
1. On October 16, 2007 , Owner and Operator’s predecessor in interest entered into a Management Agreement for day-to-day property management services of the Preston Park multifamily residential apartment project (“Preston Park”); and
2. On dates subsequent to October 16, 2007, Owner and Operator ’s predecessor(s) entered into various amendments of the agreement; and
3. On November 28, 2019, the City Council approved an Amended Management Agreement for Preston Park (“Agreement”), which has received four (4) annual amendments to extend the term, the most recent of which was appro ved on December 6, 2022; and
4. Owner and Operator, as the Owner’s managing agent, wish to extend the services contained in the Agreement.
Terms & Conditions
The above recitals are true, correct and incorporated herein by this reference.
Now, therefore, for valuable consideration, the receipt and suf ficiency of which are hereby acknowledged, the parties agree to enter into this Amendment No. 5, and to amend the Agreement effective as of the date first written above as follows:
1. Section 2.1 of the Agreement is hereby amended and restated to read in its entirety as follows:
“2.1 TERM. The term of this Agreement shall commence on January 1, 2024, unless an earlier date is agreed to by City, the current operator and Operator, and shall continue to and include December 31, 202 4 unless terminated as provided herein or extended in writing by mutual agreement thereto.”
2. Only the numbered paragraphs of the Agreement that are being amended are set forth in this Amendment No. 5. All references in this Amendment No. 5 to a
EXHIBIT B
13 separate instrument or agreement shall incl ude such instrument or agreement as the same may have been amended or supplemented from time to time pursuant to the applicable provisions thereof.
3. Capitalized terms used but not defined in this Amendment No. 5 shall have the meanings given to them in the Agreement.
4. Integration. This Amendment No. 5 and the Agreement represent the entire agreement concerning this subject matter and supersedes prior negotiations or agreements. All prior agreements, understandings, representations, warranties, and negotiations between the parties about the subject matter of this Amendment No. 5 and the Agreement merge into this Amendment No. 5 and the Agreement.
5. Counterparts. This Amendment No. 5 may be executed in any number of counterparts and all of counterparts take n together shall be deemed to constitute one and the same instrument.
6. Authority. Each individual executing this Amendment No. 5 represents and warrants that they are duly authorized to execute and deliver this Amendment No. 5 and that this Amendment No. 5 is binding in accordance with its terms.
Except as provided above, the Agreement is in all other respects in full force and effect.
[Signature Pages Immediately Follow]
EXHIBIT B
14 IN WITNESS WHEREOF , the parties hereto have executed this Amendment No. 5 on the date and year first written above.
OWNER:
CITY OF MARINA
By:
Name: Layne Long
Title: City Manager
Date:
PRESTON PARK SUSTAINABLE COMMUNITY NONPROFIT
CORPORATION
By:
Name: Layne Long
Title: Executive Officer
Date:
Approved pursuant to City Council Resolution No. 20 23-__________ and Preston Park Sustainable Nonprofit Corporation Resolution No. 2023-__________ Attest:
By:
City Clerk
Approved as to Form
By:
City Attorney
EXHIBIT B
15 OPERATOR:
GREYSTAR CALIFORNIA, INC.,
a Delaware corporation
By:
Name: Gerard Stephen Donohue, Jr.
Title: Vice President
Designated Broker – Officer
DRE License # 12655072
Date:
EXHIBIT B
16 EXHIBIT “B”
Preston Park Management Agreement
GREYSTAR CALIFORNIA, INC.
MANAGEMENT STRUCTURE
The Senior Management Team for Preston Park and Abrams Park:
Regional Property Manager
Regional Maintenance Manager
Manager of Performance & Strategy
Regional Marketing Manager
Director of Real Estate
Regional Property Manager, has an office at Schoonover Park. She will be at the communities at least two days a week and will have the capacity to spend additional time as needed. She will be responsible for all compliance training related to the approved below market rate rental program.
Regional Maintenance Manager, will perform monthly site inspections in addition to overseeing any capital projects that require completion. He will spend no less than two days per month at the community and possibly more depending on the capital project requirements.
Manager of Performance & Strategy and Regional Marketing Manager, will spend no less than one day each month at the site providing leasing and customer service training and marketing resources. They are also available on an as needed basis for one-on-one training.
Director of Real Estate, will be at the site no less than once per month.
The team above is available to meet with the Owner as needed. Owner is to provide operator with an annual calendar of expected meetings during transition period.
EXHIBIT B
17 December 19, 2023 Item No. 13g
Honorable Mayor and Members City Council Meeting
of the Marina City Council of December 19, 2023
CITY COUNCI CONSIDER ADOPTING RESOLUTION NO. 2023-,
APPROVING AN AGREEMENT WITH SHUTE, MIHALY AND
WEINBERGER FOR MUNICIPAL LEGAL SERVICES AND CITY
ATTORNEY SERVICES
REQUEST:
It is recommended that the City Council consider:
1. Adopting Resolution No. 2023- approving an agreement with Shute, Mihaly and Weinberger to provide municipal legal services to the City of Marina; and approve a waiver of conflict of interest and consent to represent the City of Marina; and
2. Authorizing the City Manager to execute the agreement.
BACKGROUND:
In early 2022, Rob Wellington retired, and Wellington Law Offices terminated their contract with City of Marina (City) for City Attorney services. Rob Wellington had been serving as Marina’s City Attorney since the City was incorporated in November 1975. The firm had four attorneys that were able to provide the legal services needed by the City.
In July 2022, the City entered into a contract with Noland, Hamerly, Etienne & Hoss (NHEH) to provide Interim City Attorney Services for the City, with Heidi Quinn, as the designated Interim City Attorney. The contract with NHEH was set up only as a short-term agreement, as the firm did not have the resources to provide the legal effort needed for the service demands of the City in the long-term. During this period of time as the Interim City Attorney, Heidi has become an integral part of the City operations and has provided outstanding support to the City Council and City staff and has provided the complex legal services needed for the City to continue to move forward in an extremely busy time for the City. While the initial agreement was for a short-term duration, NHEH has been able to allocate resources to allow Heidi Quinn to continue serving as the Interim City Attorney for the City for the past eighteen (18) months.
Over this period of time, the City’s demands and needs for additional time from Heidi Quinn have increased. This summer NHEH notified the City they were not able to meet these continuing demands and agreed to assist the City in preparing a Request for Proposals (RFP) for City Attorney services, and to assist the City in the recruitment for a new firm to provide City Attorney services.
On September 5, 2023, the City released an RFP for City Attorney services. The RFP was posted on the City Website and publicized on several advertising boards, as well as sent directly to local firms and larger firms that provide City Attorney services in both San Francisco and Los Angeles. The City also contracted with the recruitment firm Peckham and McKenney to assist with outreach, screening applicants, and assisting with the interview process.
1 The Timeline for the RFP is reflected in the table below:
RFP Estimated Schedule of Events Date
1 City Issues RFP September 5, 2023
2 Deadline to Submit Questions and/or Comments October 25, 2023 3 City Issues Responses to Written Questions/Comments October 27, 2023 4 Deadline for Receipt of Proposal October 30, 2023
5 City Determines Finalists for Interviews – Notifications Sent November 7, 2023 6 Tentative Finalist Interviews and Presentations Nov. 17 & 18, 2023 7 City Determines Finalist for Contract Negotiations November 21, 2023 8 Tentative Award of Contract December 19, 2023
9 Targeted Contract Start Date *January 1, 2024
*Contract Start Date adjusted to the date reflected in the contract.
A copy of the RFP (EXHIBIT A) is attached to this staff report and includes the qualifications and scope of services.
ANALYSIS:
Five proposals were received in response to the City’s RFP for City Attorney services. City staff in collaboration with the recruitment firm Peckham and McKenney reviewed and evaluated all proposals and provided a summary to the City Council. The evaluation included reviewing the firm size, ability to meet the needs of the city, experience, fee schedule, and references. Four firms were selected and interviewed by the City Council.
Under the recommended and proposed agreement, the City Attorney will provide to, or on behalf of the City, day-to-day advice, legal services, written opinions, legal document review and meet with the City Council and City staff as needed. The full scope of services is listed in the RFP. The City Attorney is hired and may be terminated by the City Council and will work closely with the City Manager in providing the daily legal services needed by the City.
Through the interview process with the City Council, Shute, Mihaly and Weinberger (SMW) was selected as the top firm. SMW was founded in 1980 and represents public and non-profit clients.
They serve as city/town attorney to four cities and counsel to dozens of other cities and special districts. They have 41 lawyers and two urban planners.
The contract with SMW proposes:
City Attorney: René Alejandro Ortega is a Partner. He has over 20 years of experience practicing law. Primary practice areas include City Attorney & General Counsel Services, Housing, Land Use Planning & Zoning, Public Works Labor Compliance, Litigation & Appeals. He joined the Firm as a Partner to complement the Firm’s City Attorney & General Counsel Services, having served as Chief Deputy City Attorney in the San José City Attorney’s Office.
Assistant City Attorney: Seph Petta is a Partner. Primary practice areas include City Attorney & General Counsel Services, Municipal Law, Land Use Planning & Zoning, CEQA Compliance & Litigation. He joined the Firm in 2012 after graduating from the University of California, Berkeley, School of Law where he earned a certificate in environmental law. Mr. 2 Petta’s practice focuses on representation of public agencies and environmental groups in municipal, real estate and land use law, and CEQA compliance and litigation.
The City Attorney services will be performed principally by René Ortega. Other attorneys, clerks and paralegals may be assigned to represent the City. Included in the staff report is a copy of the proposal submitted by SMW (EXHIBIT B) and bios for René Ortega and the team that will be working with the City.
The financial terms of the agreement include the hourly rate for services at $330, the City anticipates 80 hours a month initially through the transition of legal services. A complete description of fees for services is set forth in the agreement (EXHIBIT C).
If the agreement is approved by the Council, staff will begin working on the transition of legal services from NHEH to SMW.
FISCAL IMPACT
The current budget for Fiscal Year 2023/25 includes funding for city attorney and legal services and no additional budget adjustments are needed.
CONCLUSION:
This request is submitted for City Council consideration and approval.
Respectfully submitted,
____________________________
Belinda Varela, Director,
Human Resources & Risk Management
City of Marina
REVIEWED/CONUR:
____________________________
Layne Long
City Manager
City of Marina
Attachments:
Exhibit A – Request for Proposal (RFP)
Exhibit B – Proposal Submitted by Shute, Mihaly & Weinberger
3 RESOLUTION NO. 2023-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA APPROVING
CORRECTIONS TO THE EXECUTIVE DIRECTORS SALARY ADJUSTMENTS
WHEREAS, in March 2022, the contract with the Wellington Law Offices, who had served the City of Marina (City) since it was incorporated in 1975, ended;
WHEREAS, in July 2022 the City entered into a contract with Noland, Hamerly, Etienne & Hoss (NHEH) to provide Interim City Attorney Services for the City, with Heidi Quinn as the designated Interim City Attorney;
WHEREAS, on September 5, 2023, the City released a Request for Proposals (RFP) for City Attorney services; and,
WHEREAS, the City received five proposals in response to the City’s RFP;
WHEREAS, City Staff in collaboration with the Council, reviewed and evaluated all proposals and the City Council selected a firm to begin negotiating an agreement; and;
WHEREAS, under the recommended and proposed agreement, the City Attorney will provide to, or on behalf of the City, day-to-day advice, written opinions, legal document review and appearances at meeting, litigation services, upon request and subject to the direction of the City Council;
WHEREAS, the contract with Shute, Mihaly and Weinberger proposes René Ortega as the City Attorney and Joseph “Seph” Petta as the Assistant City Attorney; and
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Marina do hereby:
1. Adopt Resolution No. 2023- approving an agreement with Shute, Mihaly and Weinberger to provide municipal legal services to the City; and approve a waiver of conflict of interest and consent to represent the City of Marina; and
2. Authorizing the City Manager to execute the agreement.
PASSED AND ADOPTED, by the City Council of the City of Marina at a regular meeting duly held on the 19th day of December 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
REQUEST FOR PROPOSAL
City Attorney Services
CITY OF MARINA
RF
P Issue Date:
Am
ended Proposal Submission Deadline:
September 5, 2023
O
ctober 30, 2023
5:00PM (PST)
EXHIBIT A
5
Table of Contents
1. RFP OVERVIEW .......................................................................................................................... 3
1.1. Background ......................................................................................................................... 3
1.2. Purpose of RFP ................................................................................................................... 3
1.3. City Objectives ................................................................................................................... 3
1.4. Selection Process ................................................................................................................ 4
1.5. RFP Schedule of Event ....................................................................................................... 4
1.6. RFP Coordinator ................................................................................................................. 4
1.7. RFP Amendment and Cancellation ..................................................................................... 5
1.8. Questions Pertaining to the RFP ......................................................................................... 5
2. SCOPE OF WORK........................................................................................................................ 5
3. QUALIFICATIONS ...................................................................................................................... 6
4. PROPOSAL SUBMISSION REQUIREMENTS ........................................................................ 7
4.1. Proposal Submittal .............................................................................................................. 7
4.2. General Instructions ............................................................................................................ 7
4.3. Proposal Format .................................................................................................................. 7
4.3.1. Cover Letter ........................................................................................................................ 8
4.3.2. Executive Summary ............................................................................................................ 8
4.3.3. Firm Information ................................................................................................................. 8
4.3.4. Firm Background ................................................................................................................ 8
4.3.5. Firm Qualifications ............................................................................................................. 8
4.3.6. References ........................................................................................................................... 9
4.3.7. Pricing & Fee Structure ...................................................................................................... 9
4.3.8. Additional Information ....................................................................................................... 9
5. PROPOSAL EVALUATION ...................................................................................................... 10
6. GENERAL REQUIREMENTS .................................................................................................. 10
6.1. Collusion ........................................................................................................................... 10
6.2. Gratuities ........................................................................................................................... 10
6.3. R
equired Review and Waive of Objections by Applicant ................................................ 10
6.4. Proposal Withdrawal ......................................................................................................... 11
6.5. Proposal Errors ................................................................................................................. 11
6.6. Incorrect Proposal Information ......................................................................................... 11
6.7. Proposal of Additional Services ........................................................................................ 11
6.8. Licensure ........................................................................................................................... 11
6.9. Conflict of Interest and Proposal Restrictions .................................................................. 11
6.10. Contract Negotiations ....................................................................................................... 12
6.11. Right of Rejection ............................................................................................................. 12
6.12. Disclosure of Proposal Contents ....................................................................................... 12
6.13. Severability ....................................................................................................................... 12
6.14. RFP and Proposal Incorporated into Final Contract ......................................................... 13
6.15. Proposal Amendment ........................................................................................................ 13
6.16. Firm Participation ............................................................................................................. 13
6.17. Warranty ........................................................................................................................... 13
6.18. Rights of the City .............................................................................................................. 13
7. INSURANCE AND INDEMNIFICATION REQUIREMENTS ............................................. 14
EXHIBIT A
6
1. RFP OVERVIEW
1.1. Background
Incorporated in 1975, the City of Marina (City) (pop. 22,781) is the youngest city on the Monterey Peninsula along California’s Central Coast with some of the most affordable housing in the area.
Home to a vibrant, culturally diverse and dynamic community, Marina is a highly desirable small city offering attractive residential and business communities in a gorgeous natural setting. Ideally suited for recreational and cultural opportunities as well as admirers of Mother Nature, Marina residents and visitors enjoy miles of coastline, scenic trails, Marina State Beach, Marina Dunes Natural Preserves along with an abundance of activit ies such as golf, biking, kayaking, hang- gliding, paragliding, and whale watching. Numerous options for dining and shopping are also available in this beautiful City. In addition to being safe and friendly, Marina is home to a diverse and engaged community that is proud of its roots. The community developed historically in connection with Fort Ord, providing off base housing and commercial services and retail sales. In 1994, Fort Ord was closed as part of the Base Realignment and Closure (BRAC) and approximately five square mile s of former base land was annexed to the City, doubling the geographic area of Marina to almost 10 square miles. The City includes part of the California State University, Monterey Bay campus, UC Santa Cruz UC MBEST center, and the Veterans Transition Center (VTC). In 2012, Marina was named one of the 100 Best Communities for Young People by America’s Promise Alliance.
Marina is a charter City, comprised of a Council -Manager form of government. As of the 2018 general municipal election, the directly-elected Mayor serves a four-year term and voters elect the other Council Members to four-year terms from their respective districts to the City Council. The City Council ha s appointed a professional City Manager to serve as the Chief Administrative Officer. Under the direction of the City Council, the City Manager is responsible for the day- to- day functions of the City and the administration of City s ervices. The City Council meets on the first and third Tuesday of each month at 6:30 pm in the Marina City Council Chambers at City Hall, often preceded by a closed session meeting at 5:00 pm. The selected City Attorney should anticipate attendance at all City Council meetings.
Marina provides services to its residents either directly or by working with other agencies or consulting services. It is through these partnerships that Marina is able to provide high- quality services that are economically efficient. City services include Police and Fire departments; Public Works, including parks and street maintenance, facilities, and engineering ; Community Development, which includes housing, building permits/inspections, planning and design review; Administrative Services, including Finance, Human Resources and Risk Management ; Airport, City Clerk and Election services; and Recreation and Cultural Services.
1.2. Purpose of RFP
The purpose of this Request for Proposal (RFP) is to identify and select an experienced attorney or legal services firm to provide City Attorney Services for the City. The Scope of Work in Section 2 further details required services and performance conditions. The Qualifications in Section 3 provide prerequisites for application.
1.3. City Objectives
The City seeks to obtain quality legal counsel on a contract basis. The City Attorney will serve at the pleasure of the City Council as a directly appointed position. The City intends to select an attorney or firm that specializes in municipal law, with specific experience in land use, zoning and serving as City Attorney in other jurisdictions.
EXHIBIT A
7
1.4. Selection Process
The evaluation of proposals will allow the City to identify a list of qualified applicants. Section 4 of this RFP provides the criteria that serve as the basis for review of qualified applicants. Qualified applicants that best meet the needs of the City will be invited to an on- site interview and presentation.
After all evaluation of proposals and on-site interviews are complete, the City Council will select the finalist in its sole discretion. The City and the finalist Applicant will enter into final contract negotiations. In the event the City determines, in its sole discretion, that a satisfactory agreement cannot be reached, the City reserves the right to enter into contract negotiations with an alternate applicant.
1.5. Amended - RFP Estimated Schedule of Event
RFP Estimated Schedule of Events Date
1 City Issues RFP September 5, 2023
2 Deadline to Submit Questions and/or Comments October 25, 2023 3 City Issues Responses to Written Questions/Comments October 27, 2023 4 Deadline for Receipt of Proposal October 30, 2023
5 City Determines Finalists for Interviews – Notifications Sent November 7, 2023 6 Tentative Finalist Interviews and Presentations Nov. 17 & 18, 2023 7 City Determines Finalist for Contract Negotiations November 21, 2023 8 Tentative Award of Contract December 5, 2023
9 Targeted Contract Start Date December 11, 2023
The City reserves the right, in its sole discretion, to adjust this schedule as it deems necessary.
Notification of any adjustment to the RFP Schedule of Events will be provided to all applicants that submitted a Letter of Intent to Propose.
1.6. RFP Coordinator
All communications, requests of additional information or clarification concerning this RFP should be via email to Belinda Varela, Director, Human Resources & Risk Management. The RFP Coordinator will be the sole point of contact for this RFP. The coordinator can be reached via email at:
Coordinator Email Phone
Belinda Varela [email protected] (831) 884-1246
The City is not responsible for delayed or lost e -mail, regardless of the cause. From the date that this RFP is issued until a firm or entity is selected and the selection is announced, firms or public entities are not allowed to communicate outside the process set forth in this RFP with any City employee other than the RFP Coordinator above regarding this RFP. The City reserves the right to reject any applicant for violation of this provision. No questions other than written will be accepted, and no response other than written will be binding upon the City.
EXHIBIT A
8
1.7. RFP Amendment and Cancellation
The City reserves the unilateral right to amend this RFP in writing at any time. In no event shall the City have any liability for the cancellation of a contract award. The City also reserves the right to cancel or reissue all or any part of the RFP at its sole discretion.
If clarification or interpretation of this RFP is considered necessary by City, a written add endum shall be issued, and the information will be posted on the City’s website at https://www.cityofmarina.org/bids.aspx. Any interpretation of, or correction to, this solicitation will be made only by addendum issued by the City’s RFP Coordinator. It is the responsibility of each applicant to periodically check the City’s website to ensure that they have received and reviewed any and all addenda to this RFP. The City will not be responsible for any other explanations, corrections to, or interpretations of the documents, including any oral information.
Applicants are required to respond to the final written RFP including any exhibits, attachments, and amendments issued by the City.
1.8. Questions Pertaining to the RFP
Specific questions and/or comments concerning the RFP should be submitted via email to the RFP Coordinator not later than the Deadline for Receipt of Questions and/or Comments identified in Section 1.5 RFP Schedule of Events. Applicant questions should clearly identify the relevant section of the RFP and page number(s) related to the question being asked. All questions and/or comments and the City’s responses will be emailed to any applicants who submit a Notice of Intent to Propose.
2. SCOPE OF WORK
The City Attorney reports to, and serves at the pleasure of, the City Council. The City Attorney will work directly with the City Manager and City Staff in performance of daily duties in the operation of City business. The general responsibilities of the City Attorney include, but are not limited to, the following:
• Provide clear and concise legal advice and consultation on a daily basis as requested or required to members of the City Council, the City Manager, and City Staff. Contacts are usually made via telephone and email, and generally same or next day response is expected. Preferred office hours are half a day four times a month and may be negotiated as part of any contract. During office hours, the City Attorney will be available to meet with Councilmembers, City Manager, Commissions and City Staff.
• Attend City Council meetings and be prepared to advise the Council and Staff on matters on the agenda, as well as parliamentary procedure and substantive issues that arise during the meeting. Attend various weekly staff meetings, at least ½ day each week . Attendance at City Council subcommittee meetings or Site and Architectural Commission or other Committee meetings may be requested from time to time.
• Provide guidance and training concerning requirements of the Brown Act, Conflict of Interest (AB1234), the Political Reform Act, the Public Records Act, California Environmental Quality Act (CEQA), tort liability and risk, due process, land use and other legal requirements imposed by statute and common law. Review compliance for public records requests, retention policy, contract and procurement process.
• Prepare, review, and revise staff documents, including, but not limited to, initiation of
EXHIBIT A
9
memoranda concerning legal issues, employme nt and risk management issues, contracts, agreements, ordinances, resolutions, land use decisions including appeals, public improvements, easements, dedications, rights -of-way, and City Council Staff reports. Clear, concise, well-organized writing in plain English is a pre-requisite. • Represent and/or advise the City in litigation not covered by the Monterey Bay Area Self Insurance Authority or otherwise handled by outside counsel. • Represent the City in inter-agency projects and other legal matters. • Provide status reports regarding all matters, at least two times per year, (February and October).
Report should include all litigation, employment and risk management matters and any special projects.
• Oversee coordination with special legal counsel on all City litigation including oversight of the City’s risk management program and general liability claims. • Provide legal advice and assistance to operating departments. • Counsel the City regarding taxes, assessments, fees, Proposition 218, and other financial advice.
• Designing, drafting, and updating the City’ s Municipal Code and Zoning Code, including regulations for state and federal housing legislation.
• Monitor pending and current state and federal legislation and court decisions, as appropriate, and provide written updates on those that have the potential to affect the City and its operations.
Provide suggested action or changes in operations or procedures to assure compliance.
The City may propose additional tasks as deemed necessary to complete the assignment. Any additional work shall be compensated, as agreed upon in the Legal Services Agreement between the successful applicant and the City. The City may request estimated costs prior to assigning additional tasks or special projects.
3. QUALIFICATIONS
Applicant must be a licensed and active member in good standing of the California State Bar. Qualified applicants will preferably have five (5) or more years of municipal legal experience in California as a City Attorney. Further, it is desirable for the City Attorney to hold experience in the following areas:
• Designing, drafting, and updating Municipal Code sections and regulations. • Providing support to Staff and the Council during land use appeals to the Council; and in code enforcement actions.
• Experience with and knowledge of the law governing general law. • Experience with land use regulations related to public land use and planning, environmental law including the CEQA, general plans, municipal aviation and airport administration, development agreements, code enforcements and other related areas of law, administrative law, personnel law, and other areas of municipal law.
• Experience with public sector employment, pension law, and general personnel matters. • The City Attorney should have litigation experience and experience monitoring or supervising litigation activity within a firm.
• The City Attorney must demonstrate the ability to speak clearly and effectively in public with the diverse population of the city. Spanish speaking is desirable. • The City Attorney must have the ability to relate easily and effectively with all members of the City Council, Staff, and the public.
• The City Attorney must have experience with cities who have a commitment to equitable access and opportunity, along with a focus on promoting structures and processes to enhance diversity, equity and inclusion.
EXHIBIT A
10
4. PROPOSAL SUBMISSION REQUIREMENTS
4.1. Amended Proposal Submittal
Proposals must be delivered in person, by U.S. Postal Service, or by a courier service such as Federal Express, UPS, etc. and must be received no later than October 30, 2023, 5:00 p.m. PST, at the address listed below. All Proposals that are not received by the RFP Due Date will not be considered and will not be returned to applicant. This includes Proposals that are emailed. Delays due to mail and/or delivery handling, including but not limited to delays within the City’s internal distribution systems, do not excuse applicant’s responsibility for submitting the Proposal to the correct location by the RFP Due Date.
Applicants must submit one (1) completed hard copy of the proposal and one (1) electronic copy in PDF format (email or flash drive). All proposals must be submitted in a sealed envelope clearly marked on lower left hand corner “City Attorney Services - RFP”.
Mailing Address:
Belinda Varela
Director, Human Resources & Risk Management
211 Hillcrest Avenue
Marina, CA 93933
4.2. General Instructions
Proposals should be prepared simply and economically and provide a straightforward, concise description of the applicant’s firm, background, qualifications, proposed legal services, and capabilities to satisfy the requirements of this RFP. Emphasis should be on completeness and clarity of content. Glossy sales and marketing brochures are not necessary or desired. Proposing parties are responsible for all costs incurred in preparation and submittal of proposals. Finalists invited to participate in interview evaluations are responsible for scheduling and paying for their own travel arrangements. The City is not liable for any cost incurred by an applicant in protesting any portion of the RFP documents or the City’s selection decision. Proposals should be organized consistent with the outline provided below under Proposal Format.
4.3. Proposal Format
Proposal must be structured, presented, and labeled in the following manner:
1. Cover Letter
2. Executive Summary
3. Firm information
4. Firm Background
5. Firm Qualifications
6. Principal Attorneys
7. References
8. Pricing/Fee Structure
9. Additional Information
Failure to follow the specific format, to label the responses correctly, or to address all of the subsections may, at the City’s sole discretion, result in the rejection of the Proposal.
Proposal shall not contain extraneous information. All information presented in the Proposal must be relevant in response to a requirement of this RFP, must be clearly labeled, and, if not
EXHIBIT A
11
incorporated into the body of the proposal itself, must be referenced to the appropriate place within the body of the proposal.
4.3.1. Cover Letter
The proposal must include a cover letter which references and responds to each of the following bulleted items:
• Signature of a firm officer empowered to bind the applicant to the provisions of this RFP and any contract awarded pursuant to it.
• A high-level statement of credentials qualifying for delivery of the services sought under the RFP.
• A statement indicating the proposal remains valid for at least 90 days from the Deadline for Receipt of Proposal.
• A statement that the applicant, or any individual who will perform work, is free of any conflict of interest (e.g., employment by the City or a competing corporate interest).
Please limit the Cover Letter to three pages.
4.3.2. Executive Summary
This section of the proposal should provide a concise synopsis of applicant’s proposal and credentials to deliver the services sought under the RFP. Provide a general overview of the applicant’s philosophy for City Attorney services and approach to mitigating risk to cities.
4.3.3. Firm Information
This section of the proposal must include the following company Information:
• Provide the legal entity name, Federal Employer Identification Number (EIN), and form of business (i.e. Corporation, LLP, etc.).
• Identify if the applicant is a subsidiary of a larger company. If so, whom? Provide the proposal contact name, address, phone number, and email address. • Identify the principal attorney that will serve as the City Attorney and any other functions requested under Scope of Services in Section 2. • Identify the location of firm headquarters and office which will support the project.
4.3.4. Firm Background
This section should identify the following:
• A description of the applicant’ s background, nature of business, and organizational history.
• A statement of how long the applicant has been providing legal services to government/municipal agencies.
• A description of available staff services (clerical support, paralegals, other non - attorney staff), who may assist the City Attorney on matters.
4.3.5. Firm Qualifications
In this section of the proposal, the a pplicant should identify firm and staff qualifications and experience in the scope of work. More specifically, this section should identify the following:
• Describe applicant’s experience in government/municipal /special district legal services.
• Describe applicant’s experience working with California local government agencies.
EXHIBIT A
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• List all public clients for whom applicant currently provide services under a fee for service or retainer basis. Indicate the meeting dates and schedules for any public bodies for the prospective lead attorney.
4.3.6. References
The applicant must provide three to five (3-5) references. At least two of the references should be for similar services provided in the last three years. The City prefers references from local government agencies with popula tions similar in size and operation to the City of Marina, if possible. For each reference, applicant should provide the following information and permission to contact each reference:
• Agency name
• Agency contact information (name, title, phone, and email) • Scope of work performed, identifying the services provided • Start date
• Summary of any problems and solutions to those problems
4.3.7. Pricing & Fee Structure
This section should include services provided under retainer fee (City Council Meetings, Committee meetings, Subcommittee meetings or Site and Architectural Design Review Board meetings, Executive meetings, office hours on site at City Hall, communications, and general legal work, advice or counsel. .
Pricing should include:
• Hourly bill rates for general City Attorney services. • Hourly rates for specialized services, with descr iptions of what may be considered a specialized service.
• Hourly rate for individuals from the firm, including staff attorneys, paralegal services and clerical staff.
• Minimum monthly retainer amount and basis of calculation (i.e. minimum hours at general hourly rate, approximately 200 hours per month, with ½ days on site each week) and identify all services provided that are included in the retainer.
4.3.8. Additional Information
• The applicant may provide additional information relevant to the information requested, that may assist the City in the selection process. • The applicant should identify any other public agency or private representation that may have a conflict of interest with the City of Marina.
EXHIBIT A
13
5. PROPOSAL EVALUATION
The City shall review all proposals to determine which a pplicants have qualified for consideration. The initial review will evaluate all submissions for conformance to stated specifications to eliminate all responses that deviate substantially from the basic intent and/or fail to satisfy the mandatory requirements.
Following the initial review, the City will complete a detailed review of applicant proposals. Proposals will be evaluated based on the following evaluation criteria:
• Applicant’s legal knowledge and experience in matters identified in the Scope of Work • Demonstrated understanding of City’s needs
• Quality, clarity, and responsiveness of proposal
• Anticipated value and price
• Results of interviews, presentations, and site visits • References
• Ability to prepare and execute a contract in a timely manner
The City reserves the right, at its sole discretion, to request clarifications of proposals or to conduct discussions for the purpose of clarification with any or all Applicants. The purpose of any such discussions shall be to ensure full understanding of the proposal. Discussions shall be limited to specific sections of the proposal identified by the City and, if held, shall be after initial evaluation of proposals is complete. If clarifications are made as a result of such discussion, the a pplicant agrees to put such clarifications in writing.
6. GENERAL REQUIREMENTS
6.1. Collusion
By submitting a response to the RFP, each a pplicant represents and warrants that its response is genuine and is not made in the interest of or on behalf of any person not named therein; that the applicant has not directly induced or solicited any other person to submit a sham response or any other person to refrain from submitting a response; and that the a pplicant has not in any manner sought collusion to secure any improper advantage over any other person submitting a response.
6.2. Gratuities
No person will offer, give or agree to give any City employee or its representatives any gratuity, discount or offer of employment in connection with the award of contract by the City. No City official, employee, agent, or its representatives will solicit, demand, accept or agree to accept from any other person a gratuity, discount or offer of employment in connection with a City contract.
6.3. Required Review and Waive of Objections by Applicant
Applicants should carefully review this RFP for comments, questions, defects, objections, or any other matter requiring c larification or correction (collectively called “comments”). Comments concerning RFP objections must be made in writing and received by the City no later than the “Deadline for Written Questions and/or Comments ” detailed in the Table 1, RFP Schedule of Events. This will allow issuance of any necessary amendments and help prevent the opening of defective proposals upon which contract award could not be made.
Protests based on any objection will be considered waived and invalid if these faults have not been brought to the attention of the City, in writing, by the Deadline for Written Questions and/or Comments.
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6.4. Proposal Withdrawal
To withdraw a proposal, any applicant must submit a written request, signed by an authorized representative, to the RFP Coordinator (Section 1 .6) not later than 24 hours before the Deadline for Receipt of Proposals. After withdrawing a previously submitted proposal, the a pplicant may submit another proposal at any time up to the Deadline for Receipt of Proposals.
6.5. Proposal Errors
Applicants are liable for all errors or omissions contained in their proposals. Applicants will not be allowed to alter proposal documents after the Deadline for Receipt of Proposals.
6.6. Incorrect Proposal Information
If the City determines that an applicant has provided, for consideration in the evaluation process or contract negotiations, incorrect information which the applicant knew or should have known was materially incorrect, that proposal will be determined non-responsive, and the proposal will be rejected.
6.7. Proposal of Additional Services
If an applicant indicates an offer of services in addition to those required by and described in this RFP, these additional services may be added to the contract before contract signing at the sole discretion of the City.
6.8. Licensure
Before a contract pursuant to this RFP is signed, the applicant must hold all necessary, applicable business and professional licenses, including, but not limited to, certification of licensure in good standing with the State Bar of California. The City may require any applicants to submit evidence of proper licensure upon selection for negotiation of a services agreement.
6.9. Conflict of Interest and Proposal Restrictions
Applicants should identify any other public agency or private representation that may have a conflict of interest with the City.
By submitting a response to the RFP, the applicant certifies that no amount will be paid directly or indirectly to an employee or official of the City as wages, compensation, o r gifts in exchange for acting as an officer, agent, employee, subcontractor, or firm to the applicant in connection with the procurement under this RFP.
Notwithstanding this restriction, nothing in this RFP will be construed to prohibit another governmental entity from making a proposal, being considered for award, or being awarded a contract under this RFP. Any individual, company, or other entity involved in assisting the City in the development, formulation, or drafting of this RFP or its scope of services will be considered to have been given information that would afford an unfair advantage over other applicants, and said individual, company, or other entity may not submit a proposal in response to this RFP.
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6.10. Contract Negotiations
After a review of the proposals and completion of the reference checks, interviews, and demonstration, the City intends to enter into contract negotiations with the selected a pplicant.
These negotiations could include all aspects of services and fees. If a contract is not finalized in a reasonable period of time, the City will open negotiations with the next ranked applicant.
6.11. Right of Rejection
The City reserves the right, at its sole discretion, to reject any and all proposals or to cancel this RFP in its entirety. Any proposal received that does not meet the requirements of this RFP may be considered to be nonresponsive, and the proposal may be rejected. Applicants must comply with all of the terms of this RFP and all applicable state laws and regulations.
Applicants may not restrict the rights of the City or otherwise qualify their proposals. If an Applicant does so, the City may determine the proposal to be a nonresponsive counteroffer, and the proposal may be rejected.
The City reserves the right, at its sole discretion, to waive variances in proposals provided such action is in the best interest of the City. Where the City waives minor variances in proposals, such waiver does not modify the RFP requirements or excuse the applicant from full compliance with the RFP. Notwithstanding any minor variance, the City may hold any applicant to strict compliance with the RFP.
6.12. Disclosure of Proposal Contents
All proposals and other materials submitted in response to this RFP procurement process become the property of the City. Selection or rejection of a proposal does not affect this right. All proposal information, including detailed price and cost information, will be held in confidence during the evaluation process. Upon the completion of the evaluation of proposals, the proposals and associated materials will be open for review by the public to the extent allowed by the California Public Records Act, (Government Code Sections 6250-6270 and 6275-6276.48). By submitting a proposal, the applicant acknowledges and accepts that the contents of the proposal and associated documents will become open to public inspection.
Each applicant should be aware that although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City is not in a position to establish that the information, which an applicant submits, is a trade secret. If a request is made for information marked “confidential”, the City will provide the applicant who submitted such information with reasonable notice to allow the Applicant to seek protection from disclosure by a court of competent jurisdiction.
The City shall not in any way be liable or responsible for the disclosure of any such records including, without limitation, those so marked if disclosure is deemed to be required by law or by an order of the Court. Applicants who indiscriminately identify all or most of their Proposal as exempt from disclosure without justification may be deemed non-responsive.
6.13. Severability
If any provision of this RFP is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions will not be affected; and, the rights and obligations of the City and applicants will be construed and enforced as if the RFP did not contain the particular provision held to be invalid.
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6.14. RFP and Proposal Incorporated into Final Contract
This RFP and the successful proposal may be incorporated into the final contract.
6.15. Proposal Amendment
The City will not accept any amendments, revisions, or alterations to proposals after the Deadline for Receipt of Proposals unless such is formally requested, in writing, by the City.
6.16. Firm Participation
The City reserves the right to share with any firm of its choosing this RFP and proposal responses in order to secure a second opinion. The City may also invite said firm to participate in the Proposal Evaluation process.
6.17. Warranty
The selected applicant will warrant that the proposed solution will conform in all material respects to the requirements and specifications as stated in this RFP and as demonstrated during the evaluation process. In addition, t he requirements as stated in this RFP will become part of the subsequent agreements.
6.18. Rights of the City
The City reserves the right to:
• Make the selection based on its sole discretion.
• Reject any and all proposals.
• Issue subsequent Requests for Proposals.
• Postpone opening proposals for any reason.
• Remedy errors in the Request for Proposal process.
• Approve or disapprove the use of particular subcontractors. • Negotiate with any, all, or none of the applicants.
• Accept other than the lowest monetary offer.
• Waive informalities and irregularities in the proposals. • Enter into an agreement with another a pplicant in the event the originally selected applicant defaults or fails to execute an agreement with the City. • Include provisions in the contract allowing the City Council to terminate the agreement at its sole and entire discretion upon the provision of thirty day (30) written notice.
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7. INSURANCE AND INDEMNIFICATION REQUIREMENTS
The firm shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Applicant, its firm, its agents, representatives, or employees.
Minimum Scope and Limit of Insurance
Coverage shall be at least as broad as:
1. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $1,000,000 per occurrence. If a general aggregate limit applies, either the general aggregate limit shall apply s eparately to this project/location (ISO CG 25 03 or 25 04) or the general aggregate limit shall be twice the required occurrence limit.
2. Automobile Liability: Insurance Services Office Form Number CA 0001 covering, Code 1 (any auto), or if Applicant has no owned autos, Code 8 (hired) and 9 (non- owned), with limit no less than $1,000,000 per accident for bodily injury and property damage.
3. Workers’ Compensation: insurance as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease.
(Not required if Applicant provides written verification it has no employees)
4. Professional Liability (Errors and Omissions): Insurance appropriates to the applicant’s profession, with limit no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If the Firm maintains broader coverage and/or higher limits than the minimums shown above, the Entity requires and shall be entitled to the broader coverage and/or the higher limits maintained by the contractor. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the Entity.
Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions:
Additional Insured Status
The City, its officers, officials, employees, and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the firm including materials, parts, or equipment furnished in connection with such work or operations. General liability c overage can be provided in the form of an endorsement to the applicant’s insurance (at least as broad as ISO Form CG 20 10 11 85 or both CG 20 10, CG 20 26, CG 20 33, or CG 20 38; and CG 20 37 forms if later revisions used).
Primary Coverage
For any claims related to this contract, the f irm’s insurance coverage shall be primary insurance primary coverage at least as broad as ISO CG 20 01 04 13 as respects the City, its officers, officials, employees, and volunteers. Any insurance or self -insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Applican t’s insurance and shall not contribute with it.
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Notice of Cancellation
Each insurance policy required above shall state that coverage shall not be canceled, except with notice to the City.
Waiver of Subrogation
Consultant hereby grants to City a waiver of any right to subrogation which any insurer of said Consultant may acqu ire against the City by virtue of the payment of any loss under such insurance. Consultant agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer.
Self-Insured Retentions
Self-insured retentions must be declared to and approved by the City . The City may require the Consultant to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. The policy language shall provide, or be endorsed to provide, that the self -insured retention may be satisfied by either the named insured or City.
Acceptability of Insurers
Insurance is to be placed with insurers authorized to conduct business in the state with a current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to the City.
Claims Made Policies
If any of the required policies provide coverage on a claims-made basis:
1. The Retroactive Date must be shown and must be before the date of the contract or the beginning of contract work.
2. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work.
3. If coverage is canceled or non- renewed, and not replaced with another claims- made policy form with a Retroactive Date prior to the contract effective date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of contract work.
Verification of Coverage
Applicant shall furnish the City with original Certificates of Insurance including all required mandatory endorsements (or copies of the applicable policy language effecting coverage required by this clause) and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements to the City before work begins. However, failure to obtain the required documents prior to the work beginning shall not waive the applicant’s obligation to provide them. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements required by these specifications, at any time.
Subcontractors
Applicant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and applicant shall ensure that City is an additional insured on insurance required from subcontractors.
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Special Risks or Circumstances
The City reserves the right to modify these requirements, including limits, based on the nature of the risk, prior experience, insurer, coverage, or other special circumstances.
During the performance of this contract, contractor and its subcontractors shall not unlawfully discriminate against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gende r identity, gender expression, age, sexual orientation, or military and veteran status. Contractors and subcontractors shall insure that the evaluation and treatment of their employees and applicants for employment are free of such discrimination.
Contractors and subcontractors shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code, § 12900 et seq.) and the applicable regulations under (Cal. Code Regs., tit. 2, § 11000 et seq.). The applicable regulations of the Fair Employment and Housing Council implementing Government Code section 12990, set forth in Subchapter 5 of Division 4.1 of Title 2 of the California Code of Regulations are incorporated into this contract by reference and made a part hereof as if set forth in full. Contractor shall include the nondiscrimination and compliance provisions of this clause in all subcontracts to perform work under the contract.
By the act of submitting a Proposal in response to this RFP, applicant certifies, under penalty of perjury, that applicant has not discriminated against minorities, women, or emerging small business enterprises, or a business enterprise that is owned or controlled by or that employs a disabled veteran, in obtaining any required subcontracts.
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City Attorney Services
October 30, 2023
René Alejandro Ortega
City Attorney
Joseph (“Seph”) Petta
Assistant City Attorney
Vaneeta Chintamaneni
Deputy City Attorney
Shute, Mihaly & Weinberger LLP
396 Hayes Street
San Francisco, CA 94102
Phone: (415) 552-7272
Fax: (415) 552-5816
[email protected]
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TABLE OF CONTENTS
4.3.1. Cover Letter 3
4.3.2. Executive Summary 5
4.3.3. Firm Information 7
4.3.4. Firm Background 11
4.3.5. Firm Qualifications 12
4.3.6. References 21
4.3.7. Pricing and Fee Structure 23
4.3.8. Additional Information – Urban Planning Services 25
Appendix/Biographies 26
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4.3.1. COVER LETTER
René Alejandro Ortega Partner [email protected]
396 Hayes Street San Francisco, California 94102
T: (415) 552-7272 F: (415) 552-5816 smwlaw.com
October 30, 2023
City of Marina
Attn: Belinda Varela
Director of Human Resources and Risk Management
211 Hillcrest Avenue
Marina, CA 93933
Re: City Attorney Services - Response to Request for Proposals Dear Ms. Varela:
As a native of Northern California and having spent my undergraduate career in and around Monterey Bay, including work with several communities in the neighboring City of Watsonville, it would be a great honor to be of service to the City of Marina.
Shute, Mihaly, & Weinberger, LLP is ideally suited to serve as City Attorney for the City of Marina. Since the Firm’s founding in 1980, we have represented public and non-profit clients on virtually all areas of municipal and public agency law. We bring unparalleled public agency expertise to the table, and we propose to do so at affordable rates.
Under this proposal, I would serve as City Attorney. I am an experienced government attorney who has previously served as Chief Deputy City Attorney for the City of San José and currently serve as Assistant Interim Town Attorney for the Town of Portola Valley and Deputy City Attorney for the City of Half Moon Bay. I also serve as Special Counsel for the City of Cupertino and the County of Stanislaus. Through my experience representing these public agencies as well as my experience in the City Attorney’s Office in San José, I have gained deep knowledge of municipal governance gained by advising staff and Council on various aspects of legal compliance, ethics, liability, and risk avoidance as well as in substantive areas, including housing, public works, public contracting, code enforcement, real property, land use, and historic preservation issues.
Additionally, prior to serving in the City Attorney’s Office for the City of San Jose, I served as land use counsel for an ivy league university in New Haven, Connecticut, working alongside my city government counterparts as well as city staff to facilitate the development of a new school of management facility as well as two new residential colleges. I have also represented clients on cleanup and redevelopment of formerly environmentally contaminated sites. The City of Marina, with a university
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planning for expansion, and lands formerly occupied by the military, could benefit from this experience.
SMW Partner Joseph “Seph” Petta and Counsel Vaneeta Chintamaneni would serve as primary backup for myself. Seph and Vaneeta have extensive experience representing public agencies. Their areas of expertise are additional and complementary to mine, and together we would provide the City with expertise in virtually all areas requested in the RFP. Additionally, the Firm has traditionally subcontracted with a labor/employment law firm to advise on personnel issues as well as on labor and employment concerns.
The Firm also has extensive experience in specialized litigation, land use, housing, and environmental law, complex transactions, public works, water law, and code enforcement. Additionally, through its close working relationship with Christopher Boucher of Boucher Law, the Firm is able to provide comprehensive services in the areas of employment, bargaining and other personnel matters.
SMW will provide prompt responses to day‐to‐day legal issues that arise in the course of the City’s business; stay on or below budget by carefully avoiding overstaffing and duplicative work, and adjusting work assignments to take advantage of attorneys with lower billing rates whenever possible; and utilize the fact that we represent, as general or special counsel, many public agencies and can spread the cost of preparing legislative and other reports over many clients.
In the following RFP response, we describe the Firm’s background and scope of practice; the team of attorneys and staff we propose to directly serve the City’s legal needs; and the Firm’s extensive experience in the areas in which the City seeks legal support. We provide references who can speak to the Firm’s work and expertise; discuss our proposed rate structure and a potential alternative billing structure; and confirm that the Firm is not aware of any existing conflicts of interest. 1
The enclosed proposal and fee schedule are valid and binding for 90 days from the date of this letter.
Very truly yours,
SHUTE, MIHALY & WEINBERGER LLP
René Alejandro Ortega
1 The Firm previously represented a private nonprofit entity in a lawsuit related to enactment of the City’s Urban Growth Boundary (UGB) previously set to expire on December 31, 2020. Our understanding is that the City Council enacted Resolution 2020-75 authorizing a measure to be placed on the ballot for the November 3, 2020 general election extending the UGB provisions until December 31, 2040. That measure, Measure Q, was passed by the voters 80.66 % to 19.34%. The private nonprofit entity involved in that litigation is not a current client of the Firm.
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4.3.2. EXECUTIVE SUMMARY
Since the Firm’s founding in 1980, SMW has represented public and non-profit clients on governance, regulatory, environmental law, and land use issues. As city/town attorney to four cities and counsel to dozens of other cities and special districts, SMW’s 41 lawyers and two urban planners have considerable experience with the issues the City confronts daily. We provide advice, requested research, and written documents on time and in a budget conscious way. We enjoy working with our clients, and structure our representation to meet client needs and desires.
The City will benefit from our Firm’s in-house store of knowledge and experience gained through years of representing public agencies. In other words, we will not be “reinventing the wheel” — and we can thus provide services efficiently and cost- effectively.
The proposed City Attorney, René Alejandro Ortega, will work closely with the City Manager and City Council to ensure the City’s legal needs are met. René will serve as the City’s primary contact, and will coordinate with the City to assign the most appropriate attorneys to different projects. René will ensure that the City gets the full benefit of the Firm’s attorneys’ expertise by ensuring that projects are assigned to attorneys with established knowledge in the relevant subject area.
The size of the Firm provides particular benefits to the City. With 41 attorneys including 26 partners and of counsel, the Firm will be able to provide the City with attorneys with the appropriate expertise in a wide range of subject areas in a way smaller firms cannot.
SMW and René Alejandro Ortega understand the role of the City Attorney within the City’s organizational structure. First, René has served in the City Attorney’s Office in San José as Chief Deputy City Attorney, a member of the leadership team in that Office. Second, SMW serves as City Attorney and General Counsel to a long list of public agencies, including the Cities of Orinda, Half Moon Bay, and Saratoga, and serves as Interim Town Attorney for the Town of Portola Valley. It serves as General Counsel to various transportation, waste management, water and park districts, including the Transbay Joint Powers Association (responsible for building the connecting tunnel from the Caltrain terminus in San Francisco to the recently completed Transbay Transit Center), the Alameda County Waste Management Authority, the Contra Costa Water District, and the Pleasant Hill Recreation and Park District, among others. For a list of agencies the Firm represents and has represented, see Section 4.3.5 (Current and Former Firm Clients), below.
PROPOSAL FOR CITY ATTORNEY SERVICES
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Our Firm’s general approach to completing the work and fulfilling the requirements of the role of City Attorney is to:
• Evaluate the most efficient method of completing the work by understanding how we complement the work done by staff and other officials.
• Provide prompt responses to day ‐to‐day legal issues that arise in the course of the City’s business.
• Constantly evaluate new methods to achieve efficiencies, including the development of forms, contracts, and training for the City on how to effectively use City Attorney services.
• Stay on or below budget. Carefully avoid overstaffing cases, avoid duplicative work, and adjust work assignments to take advantage of attorneys with lower billing rates whenever possible. We will work with City staff to identify tasks that may be more efficiently performed by staff.
• Utilize lawyers in our Firm who are specialized and therefore efficient in their areas of practice, such as ballot measures and real estate law. • Utilize the fact that we represent, as general or special counsel, many public agencies and can spread the cost of preparing legislative and other reports over many clients.
• Maintain an inventory of legal opinions provided to the City to assure eliminating redundancies and consistent direction of recurrent issues. • Seek to resolve litigation when possible and in the best interests of the City; and when it is not, develop an effective strategy with the City Manager, the City Council, and staff.
Beyond our legal expertise, we will work with the City to provide practical solutions by using our Firm’s experience representing many other public agencies.
Additionally, the Firm maintains several internal systems to address quality assurance and quality control. For example, the Firm distributes a weekly litigation calendar that consists of a chronological list of all litigation-related events and deadlines. The calendar lists all responsible attorneys for each matter/deadline/event so that if a team member is unavailable for any reason, there is an up-to-date database of all substantive deadlines. In addition, the Firm maintains a system for running conflict checks and a system for ensuring that any potential conflicts are addressed. If there are conflicts or potential conflicts, the matter is brought to the Firm’s Ethics Committee, which discusses the matter and makes a recommendation on whether a conflict can be waived, and if so, the administrative actions that need to be put in place to safeguard client confidences.
The Firm also maintains an electronic document management system for all client files, a shared system that provides access to all members of the Firm. In addition, the
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Firm utilizes an email archiving and filtering service which stores all internal and external email for a period of 10 years. Finally, the Firm also maintains several other systems including an accounting program, records management system (for hard copy documents), a records retention policy, and an electronic file backup where all firm electronic data is backed up, replicated, and stored at an off-site storage facility.
Our Firm uses billing software that tracks time billed to the tenth of an hour in real time, which allows the contract staff to remain aware of progress on the budget and avoid overruns. We will coordinate with City staff to identify milestones where we will notify the City of budget consumption for a given time period (for example, providing notification that we have consumed a certain percentage of a monthly budget) or project.
4.3.3. FIRM INFORMATION
Legal Name: Shute, Mihaly & Weinberger LLP
FEIN: 94-2647744
Form of Business: Limited Liability Partnership
Subsidiary: SMW is not a subsidiary of a larger company Office Address: 396 Hayes Street, San Francisco, CA 94102
Principal Attorney: René Alejandro Ortega
We propose that René Alejandro Ortega serve as City Attorney, with Seph Petta serving as primary backup attorney providing City Attorney Services. René would attend City Council, other deliberative body, and staff meetings at the City’s offices (as necessary) or virtually, as appropriate. We would also be readily available by phone and email.
René Alejandro Ortega joined the Firm in June 2022 as a partner. Previously, he served on the leadership team of the City Attorney’s Office in San José. As Chief Deputy, René oversaw the work of a dozen attorneys which covered a wide range of disciplines ranging from public works, parks and recreation law to public financing. In this position, René also served several city departments including the Housing, Parks, Planning, and the Office of Equality Assurance in the Public Works Department.
René worked closely with the City of San José Housing Department on various housing programs, including the development of the City’s “tiny home” communities, which required working collaboratively with the City’s Public Works Department. He advised the Parks Department as they expanded the encampment management team from a 2-person team to a team of over two dozen dedicated professionals in various disciplines to address homeless encampments in the city’s public areas. René also helped negotiate several agreements with state agencies for implementing recreational and beautification public works projects throughout the City.
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René has worked with and advised several municipal agencies both as in-house counsel as well as representing clients coming before municipal boards and commissions since 2003.
As City Attorney, René is prepared to attend all regular and special meetings of the City Council, the Planning Commission as well as other meetings as requested by the Mayor, City Manager, or Council. René would maintain weekly office hours and attend weekly Executive Team meetings. René has the experience and is prepared to provide the following services, including:
Preparing ordinances, resolutions, contracts, development agreements concerning City business and review of City Council agenda items.
Preparing written legal opinions on matters concerning City business at the request of the City Council, City Manager or designee.
Analyze proposed and enacted legislation, published legal opinions, and other matters that may have an impact on the operations of the City upon request.
Review contracts, bid specifications, and purchasing documents for the purposes of legal and policy compliance, appropriate risk transfer, and risk analysis and avoidance as requested.
Advise City Council concerning whether to file claims or commence litigation; and represent the City in connection with certain claims and litigation filed by or against it.
Provide advice and assistance to City Manager and the City Council on matters of law including, the Brown Act, Government Code, Health and Safety Code, conflict of interest and Political Reform Act and assisting them in seeking advice from regulatory agencies such as the Fair Political Practices Commission.
Provide legal advice and consultation to the City Council Manager on matters of environmental compliance, including, NPDES, CEQA, and NEPA, as they pertain to actions by the Staff and Council.
Provide legal advice and assistance to the City Council and City Manager on matters of Public Works bid and contract award, California Public Contract Code and DIR Regulations.
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Provide legal assistance and consultation to City Manager on matters of property rights and property management.
Provide routine legal opinions, advice, assistance and consultation to the City Council, City Manager, and City staff in written or oral form via personal consultations or telephone/email correspondence as needed. Generally, same or next day response is expected.
Collaborate, draft, and/or update the City’s Municipal Code and Zoning Code, including regulations for land use and housing, as needed.
Represent and/or advise the City in litigation not covered by the City’s risk pool, the Monterey Bay Area Self Insurance Authority, or other outside counsel. Oversee coordination with special legal counsel on all City litigation, including oversight of the City’s risk management program and general liability claims.
Review, approve and/or prepare legal opinions, staff reports, ordinances, resolutions, agreements, contracts, forms, notices, certificates, deeds, leases/licenses, and other documents as required by the City.
Provide training and/or advice to the City Council, appointed Commissioners, and City staff related to the Brown Act, AB 1234, conflict of interest, Political Reform Act, meeting parliamentary procedures, and other legal requirements imposed by statute.
Communicate with the press regarding City legal matters when authorized to do so by the City Manager or City Council.
Provide status reports regarding all matters, at least two times per year, February and October, including all litigation, employment and risk management matters as well as any special projects. And, provide written updates to new state or federal legislation or judicial decisions and suggest action or procedures to ensure compliance.
Perform all duties of the City Attorney in the Marina Municipal Code and such other activities as directed by the Mayor, the City Council, and the City Manager, or other designee.
Consult with City’s labor counsel (if such counsel has been so designated) regarding personnel matters, labor relations matters, and corresponding litigation, or consult outside labor and employment counsel with whom SMW has existing relationships. Services provided by SMW’s outside labor and employment counsel shall be included in the proposed minimum
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monthly retainer, or under the public agency discounted rates set forth in Section 4.3.7, below, as applicable. These services may be billed separately or, if subcontracted by SMW, billed in the normal course.
Primary Backup Attorney: Seph Petta – Assistant City Attorney
Seph Petta joined the Firm in 2012. His practice focuses on representation of public agencies and environmental groups in CEQA litigation and municipal, real estate, and land use law. During the past eleven years with SMW, Seph has regularly advised and provided transactional services to the Firm’s municipal clients including the cities of Cupertino, Half Moon Bay, Orinda, and El Segundo, as well as the Firm’s other public agency clients, including the Alameda County Waste Management Authority and the San Francisco Office of Community Investment and Infrastructure. Seph serves as general counsel to the Ladera Recreation District in San Mateo County.
Seph’s practice includes litigation under state planning and zoning law, land assembly and entitlement processes, and easement drafting and enforcement. He has also represented clients in proceedings before multiple state public utility commissions. He is accustomed to working with outside attorneys separately retained by public agencies as needed on issues such as employment law.
Additional Backup Attorney: Vaneeta Chintamaneni – Deputy City Attorney
Vaneeta Chintamaneni joined the Firm in 2023. Prior to the Firm, Vaneeta worked at national and regional mid-size firms in San Francisco, where she provided a wide range of litigation and counseling services to businesses, individuals, and public agencies. She has litigated in federal and state court, and has a wealth of experience with environmental litigation and regulatory compliance counseling.
In 2020, Vaneeta joined the State Water Board’s Office of Enforcement, where she prosecuted violations of state and federal water quality laws and permits, and provided strategic advice to Regional Water Quality Control Boards (Regional Boards). In her work at the Office of Enforcement, she regularly opposed cities and public agencies, successfully negotiating settlements and representing the Regional Board at administrative hearings. She also coordinated with counsel representing other state agencies, including the Attorney General’s Office, District Attorneys, and County Counsel.
See Biographies in the Appendix for additional qualifications.
Additional Support
Other SMW attorneys and staff would also be available assist as needed to provide the requested legal services. SMW prides itself on providing its clients with a “deep bench” of experienced and responsive attorneys available as needed.
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4.3.4. FIRM BACKGROUND
SMW is California’s preeminent public agency, land use, environmental law, and renewable energy law firm. The Firm was founded in 1980 by three former members of the state Attorney General’s office. Our first case was a unanimous decision from the U.S. Supreme Court in Agins v. Tiburon, 447 U.S. 255 (1980), which upheld the ability of cities and counties to protect open space. Since that time, the Firm has achieved an exceptional record of victories in the U.S. and California Supreme Courts, in lower federal and state courts, and before a wide range of state and federal administrative agencies. Outside of court, we have brought our clients success in a variety of complex, and often highly controversial, matters.
This track record, along with our focus on providing well-reasoned, clear, and practical advice to our clients, has garnered the Firm a well-deserved reputation as the “go to” firm for public agencies, environmental organizations, and community groups alike. We believe that this mix of clients gives us a unique perspective on the constraints and opportunities that laws regulating local governments create for parties on opposite sides of frequently contentious issues. In many situations, it also gives us the experience, contacts, respect, and relationships to develop, negotiate, and implement creative solutions to seemingly insoluble problems. We take pride in the fact that we frequently are able to achieve these solutions without the need for any court proceedings, even where litigation was initially thought to be inevitable. We also take pride in the number of referrals and accolades we receive not only from our current and past clients, but also from our colleagues and opposing counsel.
SMW currently has 41 attorneys: 15 junior attorneys (fellows and associates) with one to seven years of experience; five “of counsel” attorneys; and 21 partners with 10 years to over 30 years of experience. SMW also has two full-time urban planners on staff who provide assistance to our clients. Key to the Firm’s success is also our excellent staff, which includes six legal secretaries and two paralegals. SMW has ample capacity to provide the City with timely, responsive, and high quality legal services.
SMW’s certifications and qualifications include:
The Firm is majority women-owned and it is certified as both a green business and a small business enterprise.
The Firm's attorneys have won ten prestigious "California Lawyer Attorney of the Year" (CLAY) Awards, including three in 2020.
All attorneys proposed to provide services pursuant to this proposal are licensed to practice law in the State of California. State Bar Numbers and
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license status can be accessed at:
https://apps.calbar.ca.gov/attorney/LicenseeSearch/QuickSearch.
4.3.5. FIRM QUALIFICATIONS
The Firm’s relevant experience and qualifications are below. For René’s and other proposed Firm members’ resume/curriculum vitae, please see Biographies in the Appendix.
Areas of Expertise
Since 1980, SMW has specialized in government, land use, renewable energy, and environmental law in California. We provide California public agencies, non-profits, tribes, and community groups with the highest quality legal representation, offering an array of litigation, regulatory, counseling, and planning services, including the following:
A. Public Law. SMW serves as general counsel and city attorney for many California jurisdictions. Currently, we are city attorney for three Bay Area cities (Saratoga, Orinda, and Half Moon Bay). We are also general counsel to the Alameda County Waste Management Authority, a joint powers agency consisting of Alameda County, every city in Alameda County, and two sanitary districts; to the Contra Costa County Solid Waste Authority, a joint powers agency with membership consisting of the Town of Danville, City of Lafayette, Town of Moraga, City of Orinda, City of Walnut Creek, and portions of unincorporated Contra Costa County; and to the Transbay Joint Powers Authority, the joint powers authority established to develop the new Transbay Terminal in San Francisco. Additionally, the Firm serves as general counsel and special counsel to various other cities and counties, joint powers authorities, and special districts (see below for a list of public agency and special district clients).
In these capacities, as well as in our representation of other public agencies across the state, we regularly advise clients on the California Tort Claims Act, Brown Act, Bagley-Keene Act, California Public Records Act, ethics and conflict-of-interest requirements, and general liability issues. In particular, the Firm has extensive experience with public works contracting, labor compliance, and state and federal grant compliance. When requested, we provide engaging and highly relevant training tailored to our public agency clients. We also regularly draft, review, and prepare for adoption legal opinions, contracts, memoranda of understanding and other agreements, resolutions, policies/procedures, and code updates.
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B. Land Use Planning & Development Applications. SMW advises several former redevelopment agencies regarding major housing/mixed-use projects on former military bases in the Bay Area. In addition to land assembly (described in connection Real Estate Development and Complex Transactions ), the Firm assists these agencies in initial entitlements by negotiating land exchange agreements and needed authorizing legislation with State agencies in order to remove and reconfigure Statute-level land use controls. In these early entitlement stages, SMW also advises on permitting from State and regional agencies and on disposition and development agreements. SMW attorneys then lead agency teams in the complex subdivision mapping processes for these long-term developments, which generally include public improvement agreements, major encroachment permits, street vacations and dedications, grants of easements, and further local land use actions. For this comprehensive approach, SMW draws on an integrated expertise in land use and real property law and practice.
C. Housing Law. The Firm has experience advising past clients on housing and housing programs, including providing advice related to programs funded by the U.S. Department of Housing and Urban Development, the California Department of Housing and Community Development, and programs supported by local funds. This included providing legal advice to the City of San Jose's Housing Department on rental subsidy programs, affordable housing project developments, and contracts and grant agreements funded by federal, state, and local sources.
Most recently, Firm partner, René Ortega, advised the Housing Department on using federal and state grant funding to provide rental subsidies and rental assistance to families in Santa Clara County by working with the San Jose Housing Department and the Office of Supportive Housing for the County of Santa Clara to set up a local rental assistance program in compliance with federal and state requirements, including the use of pandemic-related HUD waivers. The Firm also has experience with providing advice related to the use of project-based vouchers, tax credits, and federal and state grant funding for affordable housing developments. Finally, the Firm has experience in establishing and advising housing trusts, a relatively new type of organization formed for the specific purpose of funding and developing affordable housing.
Housing trusts can fill the gap for the type of housing that is not typically funded by the current affordable housing infrastructure – “missing middle” affordable housing.
D. Environmental Law. Environmental law, including California Environmental Quality Act (CEQA) and the National Environmental Policy Act (NEPA), has been at the core of SMW’s practice since it was founded in 1980. SMW has
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been involved in major updates to and litigation under CEQA, enabling the Firm to provide in-depth advice regarding CEQA compliance and litigation.
SMW assists public agencies in all aspects of the administrative process, including determining the proper scope of environmental review, reviewing drafts of CEQA and NEPA documents, preparing and reviewing responses to comments, and advising agencies on the approval process. The Firm also regularly engages in CEQA/NEPA litigation on behalf of public agencies, including CEQA defense and prosecution.
E. Real Estate Development and Complex Transactions. The Firm provides comprehensive representation related to service agreements, including preparing new template documents, advising on revisions to existing templates, and reviewing and advising on contractor-provided agreements.
Our experience includes advising on procurement, extensions, amendments, and risk and appropriate insurance and indemnity requirements.
SMW guides several public agencies in large development projects of different types. The Firm’s work often begins with land assembly, generally either through negotiating complex agreements with state and local agencies or through leading eminent domain processes and the subsequent litigation or purchase negotiations. Both of these paths involve extensive work on appraisal, title issues, and the negotiation of purchase or exchange agreements. SMW attorneys also implement such agreements through complex closings, often involving clearing difficult title exceptions. These projects frequently involve construction-period leases and licenses and long- term ground leases for development; the Firm advises on such leases and has additionally negotiated leases for many other landowner public agencies, and provides advice to such lessors on ongoing tenant and land-management issues.
As general and outside counsel to the Transbay Joint Powers Authority (TJPA) since 2005, the Firm has drafted and negotiated numerous real estate agreements, including leases, easements, and purchase agreements for the acquisition of right‐of‐way, construction and operation of a new multi‐modal Transit Center in Downtown San Francisco and the extension of Caltrain from its current terminus to the new Transit Center. Our work for the TJPA has included assisting with legal issues related to the 5.4‐acre rooftop park at the Transit Center.
F. Public Contracting and Construction. As city attorneys for several Bay Area cities and general and special counsel to other public agencies, SMW has experience with ensuring compliance with both state and federal requirements related to public contracting. The Firm also has experience advising
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community organizations who receive federal and state grants on procurement requirements.
SMW adopts a pragmatic, problem‐solving approach and works with agency staff in a proactive manner to streamline legal review and risk management.
The Firm regularly updates public agency documents such as model contracts for services and construction, waivers/releases, insurance requirements, and indemnity agreements. We advise our clients on legal issues related to insurance coverage, and we are frequently called on to help clients supervise counsel retained by public agency insurance pools to ensure the representation provided is appropriate.
SMW has represented public agencies in contract disputes including litigation to enforce public contracts. This experience includes advising agencies on:
Bid protest procedures and successful resolution of bid protests.
Specifically, the Firm routinely advises clients with respect to implementation and refinement of bid protest procedures to ensure best practices and minimize litigation risk. The Firm has successfully resolved numerous bid protests without litigation.
Bid relief, changes to subcontractors, and change orders. Public works projects undertaken in cooperation with other agencies.
Related to its practice in advising public agencies and community organizations on public contracting, the Firm provides advice related to complying with State and Federal labor standards. The Firm also has experience with serving as counsel to investigatory bodies conducting contractor compliance investigations after receiving complaints of labor code violations related to prevailing wage.
G. Water and Wastewater Law. The Firm has advised the Contra Costa Water District and the Monterey Peninsula Water District in matters involving easement agreements and interpretation and application of the state Water Code. The Firm also has experience negotiating and implementing improvement and operating agreements for wastewater (sanitary and storm) infrastructure, plus the accompanying property/access agreements (licenses, easements, etc.).
The Firm advises the City of Half Moon Bay on numerous issues arising from its municipal sewer collections system and the treatment plant operated by Sewer Authority Mid-Coastside (SAM), of which Half Moon Bay is a member. The Firm has drafted collections agreements; negotiated easements for sewer infrastructure; drafted ordinances regarding sewer collections and the City’s
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fats, oils, and grease (FOG) program; and collaborated with SAM on its nondomestic source control program.
Following sanitary sewer overflow (SSO) events, the Firm managed outside counsel to negotiate a successful Settlement Agreement and Stipulation for Entry of Administrative Civil Liability Order with the California Regional Water Quality Control Board, San Francisco Bay Region, and the City of Half Moon Bay.
H. Code Enforcement. SMW regularly assists its public agency clients in code enforcement. This work has included advising on enforcement avenues (e.g., administrative fines versus criminal enforcement versus abatement) and responding to administrative appeals. The Firm has assisted its clients in obtaining inspection and abatement warrants. SMW also assists public agencies in revising their codes to improve the code enforcement process and ensure compliance with the latest changes in applicable State law.
I. Legislative Advocacy. The Firm assists its clients in identifying legislative priorities, drafting proposed legislation, and identifying desired revisions to proposed legislation. Firm attorneys work both directly with clients in identifying legislative goals and supervise consultants doing the same. The Firm also has experience monitoring proposed legislation on behalf of clients to alert them when issues arise that the client may want to respond to..
J. Municipal Finance. SMW advises public agencies on mechanisms for bridging the public funding gap resulting from Propositions 13, 218, and 26 and a sharp decline in financial assistance to local agencies. The Firm has broad expertise in studies to demonstrate the need for development impact fees and regulatory fees, drafting fee and tax legislation, defending challenges to these programs in the courts, and establishing assessment and Mello-Roos Community Facilities Districts.
For example, the Firm recently assisted the City of Half Moon Bay with its Proposition 218 process for its 2020 sewer rate adjustments and has helped other clients including ACWMA adopt and defend property-related fees under Proposition 2018. The Firm also provides its clients with analysis of the scope of various exceptions to the definition of “taxes” in Proposition 26 to facilitates those agencies’ adoption of new fees.
The Firm has successfully defended litigation against ACWMA, challenging its annual Household Hazardous Waste fee as an illegal assessment under Proposition 218. Crawley v. Alameda Cty. Waste Mgmt. Auth. (2015) 243 Cal.App.4th 396.
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K. Election Law. The Firm is well versed in the requirements of the Elections Code and advises both community group clients and cities on election law matters, including:
Drafting tax and other revenue measures to help finance a range of important governmental purposes.
Advising regarding redistricting.
Advising cities and special districts on complying with restrictions on the use of public funds during elections.
Representing community group clients as proponents of initiative and referenda petitions.
Advising cities on processing referendum and initiative petitions.
L. Asset and Facilities Management. The Firm represents public agency clients in connection with complex property and facilities management. As City Attorney for the Cities of Saratoga, Orinda, and Half Moon Bay, the Firm advises on matters affecting real property and facilities owned by the cities. These include drafting and reviewing leases, easements, and other property related agreements with private parties and other government agencies as well as representing the cities in disputes concerning public property. We also advise regarding compliance with the Americans with Disabilities Act (ADA).
M. Landlord-Tenant Law. SMW has past experience in landlord-tenant law Issues, including providing advice to clients related to the eviction process, as well as representing clients in eviction proceedings in court. Advice includes drafting and reviewing lease agreements, drafting lease compliance letters, as well as notices of termination. Additionally, the Firm has experience with various moratoria related to the pandemic and just cause requirements.
N. Historic Preservation. The Firm has extensive experience representing public agencies, community groups, and preservation organizations in matters regarding historic or cultural resources, including compliance with the National Historic Preservation Act, the California Environmental Quality Act, and local historic preservation laws and regulations. The Firm has also drafted and helped implement ordinances and general plan changes regarding historic preservation. Examples of the Firm’s historic preservation work include representing Heritage Orange County in its successful efforts to preserve several historic buildings in downtown Santa Ana, including a railway station and a portion of a federal courthouse complex.
O. Takings Law. Property owners often allege that land use and environmental regulations give rise to an unconstitutional “taking” of their property, requiring the regulating entity to pay monetary compensation. SMW is California’s premier firm in defending public entities in regulatory takings litigation. We
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have successfully litigated dozens of cases involving takings and related challenges, including equal protection and due process challenges. The Firm also advises public entities on how to minimize takings exposure in regulatory and permitting decisions and assists public entities with nexus studies to support proposed regulations and exactions.
P. Risk Management. The Firm helps its public agency clients identify, assess, and prioritize risks to guard against accidents, legal liability, and other problems.
SMW adopts a pragmatic, problem‐solving approach and works with staff in a proactive manner to streamline legal review and risk management. The Firm regularly updates public agency documents such as model contracts for services and construction, waivers/releases, insurance requirements, and indemnity agreements. We advise our clients on legal issues related to insurance coverage, and we are frequently called on to help clients supervise counsel retained by public agency insurance pools to ensure the representation provided is appropriate.
Q. Specialty Litigation. The Firm takes pride in the fact that we frequently are able to achieve excellent outcomes for our clients without the need for any court proceedings, even where litigation was initially thought to be inevitable.
Where litigation is unavoidable, the Firm has frequently represented public agencies in a range of practice areas in both state and federal courts. SMW attorneys are experienced and effective litigators, both bringing and defending lawsuits on behalf of public agencies, and supervising outside counsel. The Firm is known for cutting-edge litigation to implement critical public policy objectives. Representative examples of the Firm’s litigation experience include:
The Firm defended the East Bay Regional Park District in a lawsuit challenging its approval of an MOU allowing safety-related tree removal for gas pipelines. The Park District prevailed on demurrer at the trial court and on appeal against multiple arguments. In a question of first impression, the Firm successfully argued that the Park District’s enabling legislation granted it the authority to independently manage its resources on park property.
The appellate action resulted in the published decision of Save Lafayette Trees v. East Bay Regional Park District (2021) 66 Cal.App.5th 21.
The firm successfully defended ACWMA against a CEQA lawsuit challenging an amendment to its Waste Management Plan on grounds that a recycling and composting project addressed in the amendment had changed since it was first approved. The court held that the project had not significantly changed in a manner that required additional environmental
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review. Stein v. Alameda Cty. Waste Mgmt. Auth., 2020 WL 4745561 (unpublished).
The Firm represents public agencies in a wide variety of eminent domain actions to conserve natural areas, provide flood control, create parks, and acquire rights-of-way for public transit and public utilities. In its role as agency counsel, the Firm also has experience overseeing special counsel from other firms.
R. Employment, Bargaining and Other Personnel Matters. Through its close working relationship with Christopher Boucher of Boucher Law, the Firm is able to provide comprehensive services in the areas of employment, bargaining and other personnel matters. The Firm has worked closely with Boucher Law to provide expertise in labor and employment matters to client cities, including the cities of Half Moon Bay and Cupertino as well as the Town of Portola Valley
Prior to entering private practice, Christopher Boucher spent over a decade as a seasoned human resources executive with a broad spectrum of industry experience, including municipalities, public utilities, aviation, maritime, special districts, school districts, as well as higher education. Most notably, Christopher served as the Port of Oakland's Director of Human Resources from 2014 to 2018, where he directed the Port's human resources, labor relations, benefits, equal employment opportunity, leaves management and disability compliance, occupational health and safety, and workers' compensation functions. Christopher also led two successful negotiations for successor memoranda of understanding with the Port’s labor unions during this time.
As an experienced workplace investigator, Christopher has conducted investigations related to workplace misconduct, sexual harassment, race discrimination, retaliation, sexual orientation harassment, theft, fraud, favoritism, misconduct, and abusive conduct. Christopher completed extensive training from the Association of Workplace Investigators and passed the rigorous examination to earn the Certificate Holder (AWI-CH) credential, in addition to serving as part-time faculty for the Association's Training Institute for Workplace Investigators.
Additionally, Marc Zafferano, of Boucher Law is a seasoned and accomplished attorney with nearly four decades of experience in all aspects of municipal law for cities and special districts, as well as representing public and private employers in labor and employment law issues. Prior to joining our firm, Marc served as City Attorney for the cities of San Bruno and Belmont, Deputy City Attorney for the cities of San Carlos, Foster City and Woodside, and District
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Counsel for the West Bay Sanitary District and San Mateo County Harbor District.
See biographies of Christopher Boucher and Marc Zafferano in Appendix of Proposal for City Attorney Services.
Current and Former Firm Clients
SMW has also advised and represented the following public agencies:
Alameda County Waste
Management Authority
Band of Wintun Indians of the
Cortina Rancheria
Bay Area Air Quality Management
District
Beach Cities Health District
California Coastal Commission
California High-Speed Rail
Authority
Central Coast Community Energy
City and County of San Francisco
City Attorney's Office
City of Alameda
City of Berkeley
City of Beverly Hills
City of Brentwood
City of Burbank
City of Carson
City of Cupertino
City of East Palo Alto
City of El Segundo
City of Encinitas
City of Federal Way, WA
City of Half Moon Bay
City of Hayward
City of Inglewood
City of Laguna Hills
City of Las Vegas
City of Livermore
City of Long Beach
City of Los Altos
City of Marysville
County of Humboldt
County of Marin
County of Sacramento
County of Stanislaus
County of Stanislaus
County of Yolo
Delta Stewardship Council
East Bay Regional Park District
Environmental Science Associates
Feather River Resource
Conservation District
Highlands Recreation District
Ladera Recreation District
Marin County Transit District
Midpeninsula Regional Open
Space District
Montague Water Conservation
District
Monterey Bay Aquarium
Monterey Peninsula Water District
Mountains Recreation &
Conservation Authority
Peninsula Clean Energy
Pleasant Hill Recreation & Park
District
Port of San Francisco
RecycleSmart
Richardson's Bay Regional
Agency
Sacramento Area Flood Control
Agency
San Benito County
San Bruno Community
Foundation
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City of Monte Sereno
City of Mountain View
City of Oakdale
City of Oakland
City of Orinda
City of Oxnard
City of Pacific Grove
City of Redondo Beach
City of Richmond
City of Roseville
City of San Jose
City of Saratoga
City of South Pasadena
Clean Power Alliance of Southern
California
Contra Costa Water District
Cordelia Fire Protection District
County of Alameda
County of Butte
San Francisco City Attorney
San Francisco Redevelopment
Agency
Santa Cruz County Farm Bureau
Silicon Valley Clean Energy
Solano County Airport Land Use
Commission
Sonoma Clean Power Authority
Sonoma County Ag and Open
Space District
South Coast Air Quality
Management District
State Water Resources Control
Board
Town of Danville
Town of Los Gatos
Town of Portola Valley
Transbay Joint Powers Authority
4.3.6. REFERENCES
References for René Alejandro Ortega
Company Name: City of San Jose Contact Person: Samuel Liccardo, Former Mayor of the City of San Jose
Contact Address: Stanford Law School/City
of San Jose Telephone Number: (408) 674-3952 (cell)
City, State, Zip: TBD Email Address: TBD
Services Provided: City attorney legal services provided.
Company Name: Town of Portola Valley Contact Person: Howard Young, Interim City Manager
Address: 765 Portola Road Telephone Number: (650) 333-9635 City, State, Zip: Portola Valley, CA 94028 Email Address: [email protected] Services Provided: Town attorney legal services provided.
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Company Name: City of San Jose Public
Works Department
Contact Person: Matthew Cano, former Public
Works Director2
Contact Address: City of Milpitas, 455 E.
Calaveras Blvd. Telephone Number: (408) 893-2322 (cell) City, State, Zip: Milpitas, CA 95035 Email Address: [email protected] Services Provided: City attorney legal services provided.
Company Name: City of San Jose Housing
Department
Contact Person: Jacky Morales-Ferrand,
Director
Address: 200 E. Santa Clara Street Telephone Number: (408) 535-3855 (408) 750-4551 (cell)
City, State, Zip: San Jose, CA 95113 Email Address: jacky.morales- [email protected]
Services Provided: City attorney legal services provided.
Company Name: City of San Jose Parks,
Recreation and Neighborhood Services
Department
Contact Person: Jon Cicirelli, Director
Address: 200 E. Santa Clara Street Telephone Number: (408) 793-5553 City, State, Zip: San Jose, CA 95113 Email Address: [email protected] Services Provided: City attorney legal services provided.
Company Name: Stanislaus County Contact Person: Tom Boze, County Counsel Address: 1010 10th Street, #6400 Telephone Number: (209) 525-6376 City, State, Zip: Modesto, CA 95354 Email Address: [email protected] Services Provided: Litigation and local agency legal services provided.
2 Matthew Cano was the former Director of Public Works for the City of San José. Currently, he is Deputy City Manager for the City of Milpitas. Prior to joining SMW, René advised several City departments, including Public Works, Housing, Code Enforcement, Environmental Services, Airport (SJC), and Parks Departments.
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Firm References
Company Name: City of Half Moon Bay
Contact Person: Matthew Chidester, City
Mgr./Jill Ekas, Director of Community
Development
Address: 501 Main Street Telephone Number: (650) 726-8272 (Chidester) (650) 726-8264 (Ekas)
City, State, Zip: Half Moon Bay, CA 94109 Email Address: [email protected] [email protected]
Services Provided / Date(s) of Service: City attorney legal services currently being provided.
Company Name: City of Orinda Contact Person: David Biggs, City Manager Address: 22 Orinda Way Telephone Number: (925) 253-4220 City, State, Zip: Orinda, CA 94563 Email Address: [email protected] Services Provided / Date(s) of Service: City attorney legal services currently being provided.
Company Name: City of Saratoga Contact Person: James Lindsay, City Manager Address: 13777 Fruitvale Avenue Telephone Number: (408) 868-1213 City, State, Zip: Saratoga, CA 95070 Email Address: [email protected] Services Provided / Date(s) of Service: City attorney legal services currently being provided.
4.3.7. PRICING AND FEE STRUCTURE
Minimum Monthly Retainer:
Shute, Mihaly & Weinberger, LLP (SMW) proposes the following minimum monthly retainer of two hundred (200) hours per month at a blended rate of $340 per hour.
All city attorney services3, other than litigation, would be billed at the blended rate of $340 an hour until the monthly retainer of two hundred (200) hours is reached. Hours in excess of the minimum monthly retainer, as well as litigation services, would be billed hourly at the following discounted rates for municipal and public agency clients:
3 City attorney services include attending City Council meetings, Committee meetings, Subcommittee meetings or Site and Architectural Design Review Board meetings, Executive meetings, office hours at City Hall, communications, and general legal work, advice or counsel.
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Timekeeper General (Non-
Litigation) Services
Litigation Services
Partner $360 $400
Associate III $330 $370
Associate II $320 $355
Associate I $300 $335
Planner $300 $335
Paralegal $230 $255
Law Clerk $180 $200
These rates are valid for ninety (90) days.
The Firm occasionally splits costs between clients whom the Firm is representing on the same matter. We would consider this approach if a similar situation were to arise.
Travel Time:
The Firm proposes to charge one (1) hour total of travel time for attendance at each City Council meeting, or other meeting requiring onsite, in-person attendance, and (1) hour total of travel time for each day of onsite office hours. The Firm is open to scheduling onsite office hours one ½ day per week.
Direct Costs:
The Firm would charge the following direct costs to the City at cost to the Firm, unless otherwise indicated:
• Messenger Services
• Postage and Overnight Delivery Services
• Large Photocopying or Color Copies ($0.10/page)
• Pro-rata share of Firm’s flat-rate online legal research subscription, Westlaw (charged based on actual usage for City projects)
• Litigation Costs
The Firm would bear all expenses related to support staff, general overhead, continuing legal education and attendance at public agency/municipal-law functions.
We would provide monthly billing statements that describe in detail the services provided, including the number of hours worked by each attorney. Fees would be calculated in increments of one-tenth of an hour. Beginning in January 2024, the Firm would annually increase these billing rates consistent with any annual increase in the Consumer Price Index.
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4.3.8. ADDITIONAL INFORMATION – FULL-TIME URBAN PLANNERS ON STAFF
Beyond the scope of services in the RFP, the Firm could also provide the City with urban planning assistance from the Firm’s two full-time urban planners. The hourly rate for planning assistance is set forth above.
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APPENDIX
Biographies
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René Alejandro Ortega is a Partner with Shute, Mihaly & Weinberger, LLP. He has over 20 years of experience practicing law. He joined the Firm as a Partner to complement the Firm’s City Attorney & General Counsel Services, having served as Chief Deputy City Attorney in the San José City Attorney’s Office.
Beginning in 2003, Mr. Ortega first practiced at a Northeast regional law Firm providing advice to a diverse client base of developers, manufacturers, utilities, power-generating companies, municipalities, and individuals on a range of land use and environmental transactions as well as complex litigation involving real estate, contract, property tax, administrative, enforcement, public utility, and environmental matters.
Mr. Ortega then relocated to California and joined Community Legal Services in East Palo Alto to represent clients in eviction proceedings and affirmative habitability lawsuits. He also worked on housing policy issues related to the ongoing housing crisis on the Peninsula and in the Bay Area in general.
In 2019, he joined the City Attorney’s Office in San Jose to assist the City on housing, homelessness, public works, labor compliance, planning, and historic preservation issues, where he served as Chief Deputy in the Transactional Division of that Office.
Served as Chief Deputy City Attorney for City of San José; member of management/leadership team in City Attorney’s Office supervising the legal work of 12 Senior Deputy and Deputy City Attorneys; reported directly to City Attorney.
Advised San José Housing, Parks, Public Works, Airport, Police, Environmental Services, and Transportation Departments as well as City Manager’s Office on all aspects related to homeless encampment response, including expansion of outreach and hygiene programs, prioritization of abatements and potential program for “sanctioned” encampments:
o Advised Housing and Public Works Departments on development and operation of Emergency Interim Housing (“tiny homes”) communities, initially used as non-congregate for isolation and quarantine, and to be subsequently used as interim housing
René Alejandro Ortega
Partner Joined SMW in 2022 He/Him/His
PRIMARY PRACTICE AREAS:
City Attorney & General Counsel Services, Housing, Land Use Planning & Zoning, Public Works Labor Compliance,
Litigation & Appeals
CAREER HIGHLIGHTS / REPRESENTATIVE EXPERIENCE
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o Reviewed agreements, memoranda and other documents under extreme time pressure and many moving parts to open shelters, both congregate and non-congregate types.
o Advised Housing Department and Emergency Operations Center on contracting over $100M (almost 4 times typical amount received annually) of federal and state aid for services to city residents, including job training, legal services, emergency rental assistance, homelessness outreach, and shelter operations; negotiate cost-sharing agreements with County of Santa Clara o Advised Planning Division on developments with potential impacts on historic resources, including very high-profile projects such as Downtown West (Google development project), St. James Park revitalization (currently subject to litigation)
o Served as attorney for city’s Historic Landmarks Commission; worked with Historic Preservation Officer on updating Historic Preservation Ordinance o Advised Public Works Department on labor and wage compliance issues; review and advise on safety and wage complaint investigations o Advise city staff from various departments referenced above on Brown Act, Political Reform Act and Public Records Act issues.
Serve as Assistant Town Attorney for the Town of Portola. Advise the Town’s Manager on status of claims and litigation, and Development Director on development applications for affordable housing. Supervise litigation involving the Town.
Bring litigation on behalf of Bay Area city to recover funds embezzled by former city accountant.
Defend County of Stanislaus against claims related to mapped road. Draft municipal ordinances. Review staff reports, resolutions, and findings for agency actions on housing, homelessness programs, land use applications, public works, and various other city matters; draft closed session memoranda related to legal issues involving homelessness, historic preservation, labor compliance and enforcement, and airport operations.
Advise and prepare memoranda for nonprofit organizations related to adoption of decarbonization/electrification ordinances.
Advise nonprofit organization in its negotiation and awarding of a $50M plus grant for habitat restoration work in the State of California; advise on various subcontracts/subgrants related to implementing the grant-funded work including compliance with California Labor Code and prevailing wage requirements.
Former land use counsel for a Northeast Ivy League university; facilitated the development of a new school of management facility as well as two new residential colleges; successfully defended appeal of zone change and special permit approval Ivy League university. Tagliarini v. New Haven Bd. of Aldermen (Conn. Super. Ct., Mar. 11, 2011, No. CV106010699S) 2011 WL 1288638, at *1.
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Former environmental counsel for various regulated entities, including utility companies, manufacturers, and developers. See, e.g., Tilcon Connecticut, Inc. v.
Commissioner of Environmental Protection (2015) 317 Conn. 628. Defended challenge to operations of nuclear power generating facility regulated pursuant to a National Pollutant Discharge Elimination System (NPDES) permit. Burton v. Dominion Nuclear Connecticut, Inc. (2011) 300 Conn. 542; Burton v. Dominion Nuclear Connecticut, Inc. (Conn. App. Ct. 2011) 129 Conn. App. 203.
Represented owner of small local airport in its challenge to its operations under local environmental laws before the federal district court and the Second Circuit Court of Appeals. Goodspeed Airport LLC v. East Haddam Inland Wetlands & Watercourses Com'n (2d Cir. 2011) 634 F.3d 206;Goodspeed Airport, LLC v. East Haddam Inland Wetlands and Watercourses Com'n (D. Conn. 2010) 681 F.Supp.2d 182, aff'd (2d Cir. 2011) 634 F.3d 206; Ventres v. Goodspeed Airport, LLC (2011) 301 Conn. 194.
Experience in landlord-tenant law issues; defended evictions and worked on housing policy issues in the San Francisco Bay Area.
Appellate litigation experience in state and federal courts.
Planning Commissioner, City of Redwood City, 2019 – 2020; review appeals of Planning Director decisions; attend public hearings and provide recommendations to City Council on planned developments, environmental impact reports and other land use approvals.
Vice President, Executive Board, Santa Clara County La Raza Lawyers Bar Association, 2016 to 2017; served on executive board to carry out the mission of the organization.
Connecticut Super Lawyer in Environmental Law, Land Use/Zoning, Appellate. Region I President, Hispanic National Bar Association, 2011 – 2013; represented constituent members in the New England Region.
Past President (2009-2010), past Vice President, Treasurer and Secretary, Connecticut Hispanic Bar Association (“CHBA”), 2003 – 2014; serve in various executive and board positions to carry out the mission of the organization. Commission Member, Town of Wethersfield Economic Development and Improvement Commission, 2009 – 2012; implemented and evaluated Town programs addressing economic development including a façade improvement program and working with other Town commissions to address and promote economic development in town.
PUBLICATIONS, PRESENTATIONS AND RECOGNITIONS
COMMUNITY SERVICE / RECOGNITIONS
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Panelist, “Strategic Career Management, Career Planning, and Balancing Our Culture and Career”, Hispanic National Bar Association Convention, Washington, D.C., September 2023.
Panelist, “Homeless Encampments in our Communities: Navigating Constitutional and Practical Concerns”, California League of Cities, Annual City Attorney Spring Conference, Monterey, CA, May 2023.
Panelist, “Homeless Encampments en Nuestras Comunidades: Navigating Constitutional and Practical Concerns”, Hispanic National Bar Association Convention, Washington, D.C., September 2022.
Co-author, “Injunctive Relief Under the Connecticut Environmental Protection Act,” Connecticut Lawyer, April 2013.
Co-author, “Federal Preemption in the Environmental Law Context,” Connecticut Lawyer, January 2012.
Co-author, “Federal District Courts Begin to Apply the Lessons of Burlington but Questions Remain Unanswered,” Connecticut Lawyer, November 2009. Co-author, “Supreme Court Confirms Decades-Old Purpose of Pillar of Environmental Law,” Connecticut Lawyer, February 2008.
Co-author, “Application of Daubert in Environmental Cost Recovery and Toxic Tort Cases,” ABA Environmental Litigation and Toxic Torts Committee Newsletter, Winter 2007/2008.
Co-author, “A Split in the Circuits Will Force the Supreme Court to Decide Whether PRPs Have Additional Remedies Under CERCLA,” Environmental Commentary, Andrews Litigation Reporter, Vol. 27, Issue 12, January 10, 2007. Co-author, “Obstacles Exist to Grid Upgrading,” The National Law Journal, March 15, 2004.
BAR MEMBERSHIPS
Member, States of California (2016), New York (2004), and Connecticut (2003); Second Circuit Court of Appeals; Various Federal District Courts
EDUCATION
Boston College Law School, JD, 2003
University of California, Santa Cruz, BA, 1996
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Joseph “Seph” Petta
Partner Joined SMW in 2012 He/Him/His
PRIMARY PRACTICE AREAS:
City Attorney & General Counsel Services, Municipal Law, Land Use Planning & Zoning, CEQA Compliance & Litigation
Seph Petta is a partner with Shute, Mihaly & Weinberger LLP. He joined the Firm in 2012 after graduating from the University of California, Berkeley, School of Law where he earned a certificate in environmental law. Mr. Petta’s practice focuses on representation of public agencies and environmental groups in municipal, real estate and land use law, and CEQA compliance and litigation.
Mr. Petta has regularly advised and provided transactional services to the Firms’ municipal clients including the cities of Cupertino, Half Moon Bay, Orinda, and El Segundo, as well as the Firm’s other public agency clients, including the Alameda County Waste Management Authority and the San Francisco Office of Community Investment and Infrastructure. Mr. Petta serves as general counsel to the Ladera Recreation District in San Mateo County. Mr. Petta advises clients on open government laws, including the Brown Act and Public Records Act. He also advises elected and appointed officials on conflict of interest laws.
Mr. Petta also represents environmental groups in their efforts to protect open space, quality of life, and public health. His practice includes litigation under CEQA, state planning and zoning law, land assembly and entitlement processes, and conservation easement drafting and enforcement. He has also represented clients in proceedings before state public utility commissions.
Serves as general counsel to the Ladera Recreation District, a special district providing pool, tennis, and other recreational facilities in San Mateo County. Served as Assistant City Attorney for the City of Cupertino. Advised the City’s Planning Commission on development applications, land use regulations, open meeting laws, public contracts, and conflicts of interest. Drafted general plan and zoning code amendments and municipal ordinances for Cupertino.
As Deputy City Attorney to the City of Half Moon Bay, advised the City in connection with temporary and permanent sewer easements to provide City wastewater transport beneath a private golf course property. Successfully defended litigation against the Alameda County Waste Management Authority (ACWMA), challenging its annual Household Hazardous Waste fee as an
CAREER HIGHLIGHTS / REPRESENTATIVE EXPERIENCE
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illegal assessment under Proposition 218. Crawley v. Alameda Cty. Waste Mgmt.
Auth. (2015) 243 Cal.App.4th 396.
Successfully defended a landfill corporation’s challenge to ACWMA’s demand for landfill weight tickets associated with the unreported hauling of solid waste originating in Alameda County. The ruling facilitates recovery of millions of dollars in unpaid landfill fees. Alameda Cty. Waste Mgmt. Auth. v. Waste Connections US, Inc. (2021) 67 Cal.App.5th 1162.
Advised on real estate and public trust matters to further a multi-agency project at the site of former Candlestick Park in San Francisco, which will include substantial affordable housing and redevelop the Candlestick Point State Recreation Area. Advises public agency decisionmakers on potential conflicts of interest under the Political Reform Act and common law, and compliance with Brown Act requirements for public meetings and closed sessions.
Reviews staff reports, resolutions, and findings for agency actions on land use applications.
Advises municipal and special district clients on CEQA, real estate, and land use matters, and on the imposition of taxes and fees.
Northern California Super Lawyer Rising Star, 2022.
Member, League of California Cities’ Committee on Attorney Development and Succession.
Author, Cal. Bar Environmental Law Section’s Environmental Law Update.
Presenter, “’…And Other Duties as Required:’ Talking to Non-Clients,” League of California Cities, City Attorney Spring Conference, Monterey, CA, May 2023. Presenter, “Staffing a Public Meeting: From War Stories to Your Story,” League of California Cities, City Attorney Spring Conference, Carlsbad, CA, May 2022. Seph Petta, Remote Meetings under Brown Act, SMW In the Public Interest (Feb. 21, 2023).
Mindy Jian and Seph Petta, Planning for Environmental Justice: Implementing SB 1000, SMW In the Public Interest (Jul. 26, 2022).
Benjamin Gonzalez and Seph Petta, When Does Civic Discourse Cross the Line to Harassment? SMW in the Public Interest (Apr. 7 2021).
Seph Petta, Processing Housing Construction Projects Under State and Local Shelter-in-Place Orders, SMW in the Public Interest (May 20, 2020). Katrina Tomas and Seph Petta, 5 Considerations for Preparation of Administrative Record, SMW in the Public Interest (Dec. 15, 2020).
COMMUNITY SERVICE / RECOGNITIONS
PUBLICATIONS / PRESENTATIONS
EXHIBIT B
52 33
Sky Stanfield, Erica McConnell, and Seph Petta, “A New Frontier: The Interconnection of Energy Storage,” Greentech Media (Jan. 4, 2018). Sky Stanfield, Seph Petta, et al., Interstate Renewable Energy Council, Inc., Charging Ahead: An Energy Storage Guide for Policymakers (Apr. 2017). Seph Petta and Catherine Engberg, GIS Maps Are Fair Game Under State Public Records Law, Recorder (Apr. 15, 2014).
Seph Petta, “Funding Public Transit in California After Proposition 26,” Public Law Journal (Vol. 36, No. 1, Winter 2013).
BAR MEMBERSHIPS
Member of the Bar of the State of California, the U.S. Court of Appeals for the Ninth Circuit, and the U.S. District Courts for the Eastern District and Northern District of California.
EDUCATION
UC Berkeley School of Law, JD, 2012
Georgetown University, BA in English, 2002
EXHIBIT B
53 34
VANEETA CHINTAMANENI
Attorney Joined SMW in 2023 She/Her/Hers
PRIMARY PRACTICE AREAS:
City Attorney & General Counsel Services, Municipal Law, Environmental Law
Ms. Chintamaneni joined the Firm in 2023 as Of Counsel. Prior to joining the Firm, Ms. Chintamaneni was an attorney at national and regional mid-size firms in San Francisco, where she litigated on behalf of and provided guidance to corporations, utilities, individuals, and public entities. Her environmental and natural resource work has involved the Porter-Cologne Water Quality Control Act, Clean Water Act, CERCLA, the Resource Conservation and Recovery Act, California Environmental Quality Act, state and federal Safe Drinking Water Acts, Clean Air Act, California Fish and Game Code, California Hazardous Waste Control Act, and Proposition 65.
Among other things, her civil litigation included real estate disputes, defending against and filing environmental contamination claims in state and federal court, arbitration regarding the cleanup of hazardous waste sites, and defending against administrative enforcement actions brought by state agencies. Ms. Chintamaneni also has experience analyzing environmental issues in connection with real estate acquisitions.
Beginning in 2020, Ms. Chintamaneni was an attorney at the State Water Resources Control Board’s Office of Enforcement, where she prosecuted violations of state and federal water quality laws including the Porter-Cologne Water Quality Control Act, Clean Water Act, and related federal and state permits. There, Ms. Chintamaneni led enforcement actions against public entities, businesses, and individuals.
Representative experience includes:
Represented Regional Water Quality Control Boards (Regional Boards) across the state in administrative enforcement proceedings against public entities, individuals, and businesses for water quality violations under the Porter-Cologne Water Quality Control Act, Clean Water Act, and related federal and state permits.
Enforcement work included investigation and analysis of potential violations, negotiation of settlements, preparation of evidence and legal briefs for administrative proceedings, and representation of Regional Boards at hearings. Negotiated a settlement agreement with Desert Water Agency to resolve violations of the Clean Water Act and Sanitary Sewer Systems Waste Discharge Requirements stemming from a sanitary sewer overflow. The violation was resolved for a penalty of $181,947 and included a supplemental environmental project to improve water quality through installation of a flow meter monitoring
CAREER HIGHLIGHTS / REPRESENTATIVE EXPERIENCE
EXHIBIT B
54 35
and sampling box. (In the Matter of: Desert Water Agency, Administrative Civil Liability Order R7-2022-0012.)
Successfully appealed Zone 7 Water Agency’s denial of well permit on behalf of vineyard, ensuring economic viability of $8 million vineyard, by providing scientific support for well location and asserting due process and constitutional claims. Successfully represented buyer in real estate litigation at trial, obtaining trial court judgment for specific performance and damages for breach of purchase and sale agreement. (Pyramid Design LLC et al v. Gerald R. Lowe et al. (Super. Ct. S.F. City and County, No. CGC14543375).)
Represented chemical manufacturer in arbitration proceedings to allocate cleanup and remediation costs arising from contamination from plastic manufacturing plants.
Assisted in defense of large utility company in federal litigation asserting federal environmental and state common law claims arising from the utility’s historic manufactured gas plants.
Conducted environmental due diligence on behalf of corporations in potential real estate transactions, examining environmental assessments and regulatory documents.
Endorsements Committee, South Asian Bar Association of Northern California. State Water Board Announces Plan to Investigate PFAS, Global St. (2019). How Owners Should Prepare for PFAS Investigation, Global St. (2019). Co-author, Recent Developments in Toxic Torts and Environmental Law, Tort Trial and Insurance Practice Law Journal (Winter 2016 and Winter 2017). The Unraveling of the American City: Pensions, Municipal Debt & Chapter 9 Bankruptcy, University of Illinois Elder Law Journal (Jan. 2015).
BAR MEMBERSHIPS
Member of the Bars of the State of California, and the U.S. District Court for the Northern District of California.
EDUCATION
University of Illinois College of Law, J.D., Order of the Coif, summa cum laude University of Illinois, Master of Urban Planning
University of California, Berkeley, B.A. Urban Studies, Minor, Architecture
1696285.4
COMMUNITY SERVICE / RECOGNITIONS/PUBLICATIONS / PRESENTATIONS
EXHIBIT B
55 Northern California
2081 Center St.
Berkeley, CA 94704
Southern California
321 S Brand Blvd.
Glendale, CA 91204
CHRISTOPHER K. BOUCHER
Founding Attorney
ABOUT CHRISTOPHER
Christopher’s practice focuses on labor and employment law, and his expertise includes representing employers in a union environment, including labor negotiations, changes to existing terms and conditions of employment and/or the effects of those changes, and the meaning and application of labor contract provisions. He also serves as trusted counsel to employers regarding workplace investigations, employee discipline, due process, grievance procedure issues, reasonable accommodation and interactive process issues, and other labor and employment law matters.
Prior to entering private practice , Christopher spent over a decade as a seasoned human resources executive with a broad spectrum of industry experience, including municipalities, public utilities, aviation, maritime, special districts, school districts, as well as higher education. Most notably, Christopher served as the Port of Oakland's Director of Human Resources from 2014 to 2018, where he directed the Port's human resources, labor relations, benefits, equal employment opportunity, leaves management and disability compliance, occupational health and safety, and workers' compensation functions. Christopher also led two successful negotiations for successor memoranda of understanding with the Port’s labor unions during this time.
Christopher was featured as one of 2016’s national “Top Five Rising Stars” by Human Resource Executive magazine, and he received prominent recognition s for his accomplishments as an attorney from America's Top 50 Lawyers as well as Elite Lawyer, and he was also named Top Lawyer by the American Institute of Legal Advocates, which identify and highlight the accomplishments of the nation’s most distinguished and skilled attorneys in all fields of practice of law . His clients greatly value his extensive practical human resources and labor negotiations experience, in addition to his legal skills.
Workplace Investigations
As an experienced workplace investigator, Christopher has conducted investigations related to workplace misconduct, sexual harassment, race discrimination, retaliation, sexual orientation harassment, theft, fraud, favoritism, misconduct, and abusive conduct. Christopher completed extensive training from the Association of Workplace Investigators and passed the rigorous examination to earn the Certificate Holder (AWI- CH) credential, in addition to serving as part-time faculty for the Association's Training Institute for Workplace Investigators.
(510) 838-1000
[email protected]
CHRISTOPHER K. BOUCHER
EXHIBIT B
56 Offices in Northern & Southern California
Mediation
In addition to his advocacy skills, Christopher has completed successfully the requisite training to serve as a mediator in compliance with Sections 466 - 471.5 of the Business and Professions Code. Christopher has successfully utilized his mediation training to achieve settlements on labor and employment matters.
Training
A highly sought -after trainer with a broad spectrum of public sector and industry experiences, Christopher has provided training and keynote speaking engagements on a variety of labor and employment law topics including labor relations, collective bargaining, workplace investigations, required sexual harassment/abusive conduct training, leaves of absence, disability accommodation and the interactive process, employee misconduct and discipline, the legalization of recreational marijuana and its impact to employers, violence in the workplace, workers’ compensation fraud, and unconscious bias.
Published Articles
Christopher has written articles on topics such as workplace bullying, the legalization of recreational marijuana and its impact to the workplace, and general labor and employment law updates, which have been published by professional organization s throughout California.
Education
Christopher was graduated with a Bachelor of Arts degree from the University of California, Berkeley. He received his legal education from the Abraham Lincoln University School of Law where he was also a member of Delta Theta Phi, graduating cum laude. In addition, he received a professional certificate from Cornell University's School of Industrial and Labor Relations, and attended the Harvard Negotiation Institute at Harvard Law School.
Professional Affiliations
Christopher is a member of the State Bar of California and a member of the Labor and Employment Law Section of the California Lawyers Association. He also holds memberships to the Alameda County Bar Association, the Association of Workplace Investigators, and the Society for Human Resource Management.
Firm Recognition
We are honored that, in 2022, Manage HR Magazine named Boucher Law as America’s Top 10 Emerging Employment Law Firms, and featured our firm in its cover story.
EXHIBIT B
57 Northern California
2081 Center St.
Berkeley, CA 94704
Southern California
321 S Brand Blvd.
Glendale, CA 91204
MARC L. ZAFFERANO
Senior Counsel
ABOUT MARC
Marc is a seasoned and accomplished attorney with nearly four decades of experience in all aspects of municipal law for cities and special districts, as well as representing public and private employers in labor and employment law issues. Prior to joining our firm, Marc served as City Attorney for the cities of San Bruno and Belmont, Deputy City Attorney for the cities of San Carlos, Foster City and Woodside, and District Counsel for the West Bay Sanitary District and San Mateo County Harbor District.
In recognition of his professional contributions, Marc was elected Chair of the League of California Cities Emergency Services Committee and served on Legal Advocacy Committee, and he was also elected President of a 26-member self-insurance JPA for five consecutive years. Marc has delivered papers about a wide variety of municipal law topics at various conferences and webinars for the International Municipal Lawyers Association, League of California Cities, California Association of Joint Powers Authorities, and National Association of Administrative Law Judges.
Municipal Law
As a former City Attorney and General Counsel for a number of California cities and special districts, Marc is well versed in a broad range of municipal law issues, including:
Brown Act and open meetings law compliance, conflicts of interest, business licensing, code enforcement, elections and redistricting, CEQA compliance, land use, real estate, planning and zoning (including General plan and specific plan adoption, amendment, and implementation and the Subdivision Map Act), government policy and public integrity, Joint Powers Authorities (JPAs), public finance, contracts and bidding, Public Records Act, public safety, records retention and destruction, subpoenas, telecommunications, and trial and appellate advocacy.
As San Bruno’s city attorney, Marc managed the legal aspects of the city’s recovery from the September 2010 PG&E gas pipeline explosion, including recovery from PG&E to rebuild and improve public infrastructure in affect ed neighborhood, provide compensation to the City, and fund future fire mitigation. He created and launched the San Bruno Community Foundation, a public entity nonprofit, to manage expenditure of settlement funds received from PG&E, resulting in over $56 million in community grants, strategic initiatives, and college scholarships that directly benefit City residents, including funding a new aquatic and recreation center. (510) 838-1000
[email protected]
MARC L. ZAFFERANO
EXHIBIT B
58 Offices in Northern & Southern California
His other accomplishments as City Attorney for San Bruno and Belmont include revising the City's Municipal Code for consistency with state statutory and case law, directing and managing legal work for dozens of major residential and commercial developments, bringing successful development, tax, open space, and other initiative measures to ballot, and negotiating complex franchise agreements for garbage and cable services.
Litigation Experience
Marc is experienced in municipal and general litigation including torts, employment law, probate, real estate, contracts, writs and appeals. As C ity Attorney, Marc has obtained a 100% litigation success record in City writ cases and appeals, and represented the City in a published case, San Bruno Committee for Economic Justice v.
City of San Bruno, holding that City's sale of property for commercial use is not subject to referendum. Marc has successfully litigated cases at trial and on appeal involving First Amendment claims, employee discrimination, and breach of commercial lease, and won inverse condemnation and writ cases at trial and on appeal. He has tried to verdict over a dozen jury and non -jury cases, and established a 100% success record for public entity trials, appeals, and Law and Motion matters over a 10-year period.
Between 1998 – 2011, Marc also served as Judge Pro Tempore and arbitrator for the San Mateo County Municipal and Superior Court.
Workplace Investigations
As an experienced workplace investigator, Marc has conducted investigations related to workplace misconduct, sexual harassment, race discrimination, retaliation, sexual orientation harassment, theft, fraud, favoritism, misconduct, and abusive conduct.
Education & Professional Affiliations
Marc graduated with a Bachelor of Arts degree with Distinction from Stanford University. He received his legal education from the Hastings College of the Law. Marc is a member of the California State Bar Association and San Mateo County Bar Association.
Firm Recognition
We are honored that, in 2022, Manage HR Magazine named Boucher Law as America’s Top 10 Emerging Employment Law Firms, and featured our firm in its cover story. In 2023, Boucher Law was named “5 Best Employment Law Firms in America” by CIO Bulletin, and “30 Fastest Growing Private Companies to Watch” By The Silicon Review.
EXHIBIT B
59 396 HAYES STREET, SAN FRANCISCO, CA 94102
T: (415) 552-7272 F: (415) 552-5816
www.smwlaw.com
RENÉ ALEJANDRO ORTEGA
Attorney
[email protected]
November 29, 2023
Mayor Bruce Delgado and Members
of the Marina City Council
City of Marina
211 Hillcrest Avenue
Marina, CA 93933
Re: Legal Retainer Agreement
De
ar Mayor Delgado and City Council:
This letter sets forth the terms under which Shute, Mihaly & Weinberger LLP (“Firm”) will provide legal services to the City of Marina (“Client”) as described below. If you agree to the terms of this retainer agreement (“Agreement”), please sign a copy of this letter and return it to me at your earliest convenience. Please retain a fully-executed copy for your files.
1. Legal Services to Be Provided
The Firm is retained to serve as City Attorney for the City of Marina as set forth herein.
The primary City Attorney responsible for representing the City will be Firm Partner René Alejandro Ortega. René will attend and provide advice at City Council meetings. René will hold office hours at City Hall, 211 Hillcrest Avenue, Marina, two times per month for approximately four (4) hours per day. Office hours will be determined in consultation with the City Manager with notice provided accordingly, and are anticipated to include attendance at executive team meetings. Hours on-site will be made known to all members of the City Council and to all Department heads so as to facilitate informal direct access to legal counsel as necessary. Only time devoted to City of Marina matters during office hours will be billed to the City of Marina.
Firm Partner Joseph “Seph” Petta will attend City Council and executive team meetings if René is unavailable. René and/or Seph will attend City Commission and Committee meetings upon request. Other members of the Firm may provide services to the City as directed by René.
EXHIBIT C
60 Mayor and City Council
December 19, 2023
A. The Firm will perform all functions of the City Attorney, including, but not be limited to, the following services:
1. Representation of and advice to the City Council, Committees and Commissions, and all City officials in legal matters of municipal government;
2. Prepare or review ordinances, resolutions, leases, contracts, staff reports, or other documents, as requested by the City;
3. Prepare or review all findings, decisions or other documents pertaining to legislative or quasi-judicial actions or decisions made by the Council, boards, commissions or officers, as requested by the City;
4. Review Public Record Act requests and assist in responses, as necessary;
5. Available to assist with (a) personnel issues (excluding collective bargaining) in coordination with outside employment law counsel, and (b) general liability claims and litigation in coordination with outside insurance legal counsel;
6. Provide trainings as needed, such as on the Brown Act and Public Records Act;
7. Render legal advice to members of the City Council and to the City Manager, executive staff and employees with respect to City matters. This advice will include, but not be limited to, issues related to the Brown Act, conflict of interest law, real estate transactions, due process requirements, the Permit Streamlining Act, California Environmental Quality Act, state Planning and Zoning law, the Mitigation Fee Act, election law, assessment districts, and constitutional restrictions on fees and taxes;
8. Provide advice regarding all claims and complaints by or against the City;
9. Represent the City in litigation, arbitration, mediation, code enforcement, an d administrative proceedings before other agencies. If litigation is being handled by o utside legal counsel, manage and coordinate with outside legal counsel;
EXHIBIT C
61 Mayor and City Council
December 19, 2023
10. Negotiate and/or render advice with respect to negotiations pertaining to City contracts, real estate transactions, and memoranda of understanding; and
11. Generally oversee and manage the City's legal affairs and endeavor to insure that its policies, programs, and activities are carried out in compliance with all applicable law.
The Firm will provide these services in a timely manner. It will work closely with the City Manager and be available for consultation with staff. The Firm will promptly respond to staff and City Council members.
B. If the Firm determines that the best interests of the City would be served by retaining outside counsel to represent the City on a particular matter, the Firm shall inform the City and request authorization to retain such outside counsel. Specifically, the Firm's duties under this Agreement do not include the following services, which the Firm expects will be primarily handled by outside legal counsel:
1. Administration and legal representation of workers' compensation claims and litigation, except for general legal advice in the area of workers' compensation and review of recommended settlements;
2. Negotiation and interpretation of M.O.U.'s with represented employees, disciplinary proceedings, and other matters related to labor and employment law, except to provide general legal advice on personnel matters related to the City's rules and regulations, and to review the recommendations of outside counsel;
3. Legal services related to the issuance of municipal bonds;
4. Legal services related to liability claims and litigation tendered to the City's insurer, except to provide general legal advice on matters related to the City's processing of such claims and tenders, and to review the recommendations of outside counsel; and
5. Those matters, if any, as described in Section 7 below.
EXHIBIT C
62 Ma
yor and City Council
City of Marina
December 19, 2023
C. Insurance. The Firm agrees to maintain insurance in the following amounts:
1. Comprehensive General Liability Insurance with coverage limits of not less than One Million Dollars ($1,000,000) including products and operations hazard, contractual insurance, broad form property damage, independent consultants, personal injury, underground hazard, a nd explosion and collapse hazard where applicable.
2. Automobile Liability Insurance for vehicles used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per claimant and One Million Dollars ($1,000,000) per incident.
3. Worker's Compensation insurance as required by the laws of the State of C alifornia.
4. Professional Errors and Omissions Insurance with coverage limits of not less than One Million Dollars ($1,000,000).
The policy or policies required by this Agreement sh all be issued b y an insurer admitted in the State of California a nd with a rating of at least A: VII in the latest edition of Best's Insurance Guide, o r a California approved S urplus Lin es carrier (e .g,. Lloyd's of London).
2. Legal Fees, Costs and Billing Practices
The Firm’s hourly billing rates for these services will be as follows: $330 blended attorney rate for services described above. No later than December 13, 2024, Client and Firm will meet to review their performance and discuss the hourly billing data for 2024 and consider whether to change the billing rate to an agreed upon retainer. In the event the Firm represents the City in litigation matters, the Firm’s billing rates would be as follows:
Timekeeper Litigation
Partner $400
Associate III $370
Associate II $355
Associate I $335
EXHIBIT C
63 Mayor and City Council
City of Marina
December 19, 2023
Planner $335
Paralegal $255
Law Clerk $200
The Associate I category may include law school graduates who have not yet been admitted to a State Bar. Some Firm attorneys are only licensed to practice in states other than California; bar information for each attorney is available on the Firm’s website (www.smwlaw.com).
Fees will be charged in increments of one-tenth of an hour.
The Firm will annually increase these billing rates consistent with any annual increase in the Consumer Price Index (October over October time period) for All Urban Consumers (not seasonally adjusted) San Francisco-Oakland-Hayward area (1982- 1984 = 100) as published by the Bureau of Labor Statistics, U.S. Department of Labor, rounded to the nearest whole $1. The Firm will implement the increase each year on January 1st beginning in 2025 or as soon thereafter as the CPI information is published.
The Firm may otherwise increase these rates periodically to reflect the advancing experience, capability, and seniority of Firm members as well as general economic factors. If Client declines to pay for the Firm’s services at any increased rates, the Firm will have the right to withdraw as Client’s attorneys.
The Firm will bear all expenses related to support staff, general overhead, continuing legal education, and attendance at public agency-law functions.
Client will also reimburse Firm for costs incurred in the course of representation, including filing fees, fees fixed by law or assessed by public agencies, messenger and overnight delivery services, postage, photocopying, and charges for electronic legal research.
Travel: In the event of out of town travel (unrelated to travel to City of Marina, which will be billed as provided below), Client agrees to pay all transportation costs, lodging, parking, and meals, as well as the hourly rates for attorney travel time. For travel from Firm’s office to the City of Marina for attendance at executive team meetings and City Council meetings, the Firm will bill one ½ hour of travel time at the agreed- upon rate above. Firm will not bill Client for hotel costs related to City Council and City meeting days.
EXHIBIT C
64 Mayor and City Council
City of Marina
December 19, 2023
The Firm will provide detailed monthly billing statements for fees and costs incurred. Client agrees to pay the Firm’s billed fees and costs within thirty days following billing.
3. Authorized Representative of Client
The City Council as a whole shall direct the Firm's provision of services under this Agreement. Client designates its City Manager as the authorized representative to direct the Firm and to be the primary person to communicate with the Firm regarding the subject matter of this Agreement. This designation is intended to establish a clear line of authority and to minimize potential uncertainty, but not to preclude communication between the Firm and other representative of Client. Unless directed otherwise by Client, all correspondence and bills will be directed to the designated authorized representative.
4. Conclusion of Services, Discharge, and Withdrawal
Unless otherwise agreed in writing, our representation of Client under this Agreement will automatically terminate at the time we complete the legal services we have agreed to perform.
Client may discharge the Firm at any time by providing written notice to the Firm, which is effective upon receipt by the Firm. In the event of such discharge, if the Firm is Client’s attorney of record in any proceeding, the Firm will promptly provide Client with a substitution of attorney form. Client will execute and return the substitution of attorney form immediately upon receipt from the Firm.
The Firm may withdraw at any time as permitted under the Rules of Professional Conduct of the State Bar of California. A valid reason for withdrawal by the Firm would include, but not be limited to, Client’s consent, Client’s breach of this Agreement, Client’s failure to pay fees and costs as provided in this Agreement, Client’s conduct renders it unreasonably difficult for the Firm to carry out the representation effectively, or any fact or circumstances that would render the Firm’s continuing representation unlawful or unethical.
At such time as the Firm’s services conclude, all unpaid fees and costs will immediately become due and payable.
EXHIBIT C
65 Mayor and City Council
City of Marina
December 19, 2023
5. Client File
After the Firm’s services conclude, the Firm will, upon Client’s request, deliver to Client the file for this matter with the exception of attorney notes, correspondence, or memoranda not previously sent to Client if such material constitute attorney work product. Client agrees to pay copying and delivery costs as well as the reasonable hourly rates associated with locating, preparing, and transmitting the file (whether in paper or electronic form).
If Client does not request the file for this matter at the conclusion of representation, the Firm will retain the file for a period of five years after the matter is closed. If Client does not request delivery of the file for this matter before the end of the five-year period, the Firm will have no further obligation to retain the file and may, at the Firm’s discretion, destroy it without further notice to Client.
6. No Guarantee
Nothing in this Agreement and nothing in the Firm’s statements to Client will be construed as a promise or guarantee about the outcome of this matter. The Firm makes no such promises or guarantees.
7. Conflicts Waiver and Consent
Please be advised that our Firm represents public agencies, private organizations, and individuals in a range of matters throughout California and on energy law matters throughout the United States. Accordingly, it is agreed, and Client hereby consents, that our attorney-client relationship with Client in this matter will not serve as a basis for the Firm’s disqualification from representing other clients or parties in any legal proceedings, cases, controversies, or matters, other than those in which we represent Client, except if and to the extent absolutely non-waivable as required by the Rules of Professional Conduct.
Except as described herein, the Firm does not believe it had, and shall not acquire, any interest not disclosed to Client that creates a legal conflict with its performance of services under this Agreement, unless the City consents in writing to such conflict.
EXHIBIT C
66 Mayor and City Council
City of Marina
December 19, 2023
8. Electronic Communication Tools and Devices
In order to maximize efficiency and responsiveness in representing Client and preserve natural resources, we intend to use electronic communications tools and devices (such as email, electronic transfer and storage of documents, cellular telephones, and “smart phones”) to a significant extent during our representation. The use of such devices under current technology may place Client’s confidential information and privileges at risk. However, we believe the effectiveness and efficiency involved in use of these devices outweighs the risk of accidental disclosure, malicious access, or corruption or loss. By executing this Agreement, Client acknowledges Client’s consent to the use of these tools and devices without any encryption or other special protections or backups.
9. Execution of Agreement
If this Agreement is satisfactory, please execute a copy and return it to me.
This Agreement will be effective when it is signed by you. However, this Agreement will apply to any services we may provide in connection with the engagement before the execution date.
The undersigned represents and warrants that it is authorized to execute this Agreement and bind Client to its terms and conditions.
Unless otherwise prohibited by law, the Firm and Client agree that an electronic signature to this Agreement and an electronic copy of this Agreement have the same force and legal effect as an
original ink signature transmitted in hard copy (e.g.,
transmission via email of a .pdf file containing a scanned or digitally applied signature).
We look forward to serving as City Attorney for the City of Marina.
Very truly yours,
SHUTE, MIHALY & WEINBERGER LLP
RENÉ ALEJANDRO ORTEGA
EXHIBIT C
67 Mayor and City Council
City of Marina
December 19, 2023
ACCEPTED AND AGREED:
City of Marina
__________________________________
Name: ____________________________
Title: ____________________________
Date: ____________________________
EXHIBIT C
68 December 15, 2023 Item No. 13h
Honorable Mayor and Members City Council Meeting
of the Marina City Council of December 19, 2023
CITY COUNCIL TO RECEIVE CITY GENERAL FACILITY BONDS
UPDATE AND PROVIDE FURTHER DIRECTION
REQUEST:
It is recommended that the City Council:
1. Receive presentation from Team CivX regarding a proposed City General Facility Bond measure and receive direction from Council.
ANALYSIS:
Attached are the following materials to be presented by Charles Heath of Tean CivX:
(EXHIBIT A) is a PowerPoint explaining the nature of the proposed bond measure; (EXHIBIT B) and (EXHIBIT C) are draft copies of the fact sheet and mailer that will be distributed to Marina residents once feedback and direction is approved and finalized by Council.
Respectfully submitted,
____________________________
Cyrah Caburian
Executive Assistant
City of Marina
REVIEWED/CONUR:
____________________________
Layne Long
City Manager
City of Marina
1 Vision 50
Planning for a Stronger
& Safer Marina
EXHIBIT A
2 Paid for by the Arizona Democratic Party - not
authorized by any candidate or candidate’s
committee. www.azdem.org
New Opportunities & Challenges
● The City at almost 50 years old is at a
crossroads.
● While development of new homes and
businesses is growing rapidly in the
former Fort Ord area, resulting in
many parks and new facilities, the
City's core facilities and other
infrastructure have critical unmet
needs that must be addressed.
EXHIBIT A
3 Aging Public
Safety &
Facilities
● Marina’s population has more
than doubled in the past 50
years
o Larger population relies
on:
▪ Fire stations, police
stations, and city
facilities - built for a
much smaller city
o City is operated from
portable buildings
▪ Originally envisioned
as a temporary
solution
•
EXHIBIT A
4 ● In the last 8 years, 9-1-1 calls to the
Marina Fire Department have
increased by over 50%
○~80% of 9-1-1 calls are for
medical emergencies requiring
the quick response of an EMT
from a local fire station
● Because Marina’s aging fire
stations were built for a much
smaller population, they are not
located near many Marina
residents and delay response
times
● Average response time of 8-10
minutes
○National Standard is 5 minutes
Maintaining Rapid
9-1-1 Emergency
Response
EXHIBIT A
5 Critical City
Services Impacted
● Programs & services
operating in outdating, aging
facilities:
○ Emergency planning &
operations
○ Disaster preparedness
○ Law Enforcement
○ Programs for children, youth,
and seniors
● Aging facilities pose hazards
to city operations
● Hinder employees’ ability to
serve residents and provide
emergency services
EXHIBIT A
6 Making the Most
of What We Have
● Fort Ord Army Base
Closure
○ Marina inherited
53,000 square feet of
indoor recreation &
swimming facilities
○ Currently unsafe &
dilapidated
● With renovations, Fort Ord
facilities could be exciting
recreational spaces for
residents
○ Without renovations,
they will likely need to
be demolished
EXHIBIT A
7 Planning for
the Future ● Renovations proposed for
Fort Ord facilities could
include a new sports complex
and aquatic center
● New facilities for firefighters,
emergency operations, city
program administration &
services could be located
next to the Marina Library
EXHIBIT A
8 Paid for by the Arizona Democratic Party - not
authorized by any candidate or candidate’s
committee. www.azdem.org
How is Marina planning to address
these issues?
The City is developing plans for safe and modern
facilities to:
● Provide safe, modern, and up-to-date fire and police stations located close to key population centers, ensuring rapid 9-1-1 response to emergencies
● Replace outdated and failing city facilities with seismically safe facilities for emergency operations, disaster preparedness, and other city programs and operations
● Renovate existing unused city facilities to provide year-round recreation, swimming, and other safe activities for children, teens, families, and seniors
EXHIBIT A
9 How is Marina
planning to
address these
issues?
The only realistic mechanism
available to build city
facilities is through issuing a
general obligation bond
measure, which must be
approved by the citizens of
Marina.
EXHIBIT A
10 Fiscal
Accountability
If approved, funds from the
local funding measure would
be subject to strict fiscal
accountability protections:
• Required disclosure of all
spending
• An independent oversight
committee and mandatory
annual audits
• A requirement that all funds
must stay local to improve
facilities in Marina only
EXHIBIT A
11 Share Your Ideas
and Priorities!
We want your feedback!
To learn more and share your
feedback, please visit:
CityofMarina.org/Vision50Survey
EXHIBIT A
12 In 2025 Marina will celebrate its 50th anniversary of becoming a city. As we look ahead to the next 50 years and plan for a stronger and safer future for local residents, your input is needed.
New Opportunities and New Challenges
Thanks to careful budgeting, state and federal grant
funding and revenue from new development, Marina
is opening new parks, upgrading playgrounds and
embarking on an exciting revitalization of the downtown area. However, much of this funding is restricted for
specific uses leaving other critical needs unmet.
Aging Public Safety and City Facilities
When the City of Marina incorporated in 1975, the population was approximately 10,000. The current population exceeds 23,000 and yet the city still relies on the fire stations, police station and city facilities that were built for a much smaller city. In fact, the city is operated from portable buildings that are as old as the city itself; these were originally envisioned as temporary when first installed and have far exceeded their intended lifespan.
Maintaining Rapid 9-1-1 Emergency Response
Over the last 8 years, 9-1-1 calls to the Marina Fire Department have increased by more than 50% and approximately 80% of those calls were for medical emergencies requiring the quick response of a paramedic responding from a local fire station. Because Marina’s aging fire stations were built for a much smaller population, they are not located near many Marina residents, resulting in average response times of eight to ten minutes while the national
standard for rapid
emergency response times is five minutes. In the event of a heart attack, stroke, accident or other emergency, seconds can be the difference between life and death.
Critical City Services Impacted
Emergency planning, operations, disaster preparedness, law enforcement, and programs and services for children, youth and seniors are operated in outdated and aging facilities.
In the event of a critical incident, such as a major earthquake, many facilities are not seismically safe and may not remain operational. Aging facilities pose hazards to city operations and may hinder the ability of city employees to serve local residents and city emergency operations safely and efficiently.
Vision 50 Planning for a Stronger and Safer Marina
City facilities were built over 40 years ago for temporary use. Structures are decaying and plastic tarps are used to prevent roof leaks.
Aging city facilities need significant repairs or replacement to remain safe and functioning.
Marina’s public safety facilities were built to protect a much smaller city, resulting in slower emergency response times.
Marina is opening new parks and planning for a revitalized downtown.
DRAFT
EXHIBIT B
13 New city facilities for firefighters, 9-1-1 response, emergency operations, administration of city programs and services could be located next to the Marina Library.
Vision 50 Planning for a Stronger and Safer Marina
Making the Most of What We Have
When the Fort Ord Army Base closed thirty years ago, Marina inherited 53,000-square feet of indoor recreation and swimming facilities once used by the military. While unsafe and dilapidated in their current state, with significant renovations these facilities can be re-imagined into functional facilities that could offer exciting recreational opportunities for local residents of all ages. Without renovation, these facilities will likely need to be demolished.
Planning for the Future
As it continues its forward momentum, The City of Marina is developing plans to maintain rapid 9-1-1 emergency response times, ensure city facilities remain functional and operational and provide quality city programs and services to residents. The cost to upgrade Marina’s aging facilities is beyond what the City’s current budget can support and voters may need to consider a local ballot measure to fund high priority improvements, including:
• Provide safe, modern and up-to-date fire and police stations located close to key population centers to ensure rapid 9-1-1 response to emergencies
• Replace outdated and failing city facilities with seismically safe facilities for emergency operations, disaster preparedness, and other city programs and operations
• Renovate existing unused city facilities to provide year-round recreation, swimming and other safe activities for children, teens, families and seniors
Share Your Ideas and Priorities for Upgrading City Facilities! The City of Marina is excited to celebrate a landmark 50 years of cityhood and welcome all to contribute to the City’s vision for the next 50 years and beyond. Please share your ideas, priorities and questions to help shape the future of Marina. • Please visit CityofMarina.org/Vision50Survey to complete a short survey • If you have questions, please contact [email protected] or (831) 884-1211 • Visit CityofMarina.org/Vision50 for more information
Recreation and aquatics facilities inherited from Fort Ord must be upgraded or demolished.
This rendering shows how the aging and dilapidated facilities could become modern, indoor recreation space for Marina residents of all ages.
DRAFT
EXHIBIT B
14 City of Marina
211 Hillcrest Avenue
Marina, CA 93933
XXX
XXXXX
XXX
XXX
The City of Marina is excited to celebrate a landmark 50 years of cityhood and welcome all to contribute to the City’s vision for the next 50 years and beyond. Please share your ideas, priorities and questions to help shape the future of Marina.
Please visit CityofMarina.org/Vision50Survey to complete a short survey
If you have questions, please contact
[email protected] or (831) 884-1211
Visit CityofMarina.org/Vision50 for more information
VISION
What challenges is the City of Marina facing?
Marina’s population has more than doubled since
the City incorporated in 1975, yet we still rely on the same fire stations, police station and city facilities that were built for a much smaller population. These aging
facilities are impacting Marina’s ability to maintain
rapid emergency response times, disaster and
emergency preparedness and other city services that
are essential for keeping Marina residents safe.
How is the City planning to address these issues?
The City has developed plans for safe and modern
facilities to:
Ensure firefighters, paramedics and police
officers can respond quickly in a disaster
or emergency
Improve 9-1-1 emergency response times to
medical emergencies, fires and accidents
Provide seismically safe facilities for emergency
operations, disaster preparedness and other
city operations
Provide a community center and aquatics center
for children, teens, families and seniors to safely
access city programs and services
How might these improvements be funded?
The City Council is considering placing a local funding measure on the ballot for local voters to consider.
If approved, funds from a local funding measure
would be subject to strict fiscal accountability
protections, including:
Required public disclosure of all spending
An independent oversight committee and
mandatory annual audits
A requirement that all funds must stay local
to improve facilities in Marina only
Stronger and Safer Marina: Questions & AnswersStronger and Safer Marina: Questions & Answers Share Your
Ideas and Priorities!
Upgrading Aging Essential
City Facilities
A STRONGER AND SAFER A STRONGER AND SAFER
FUTURE FOR MARINAFUTURE FOR MARINA
A A STRONGERSTRONGER AND AND SAFER SAFER
FUTURE FOR MARINAFUTURE FOR MARINA
VISION
DRAFT
EXHIBIT C
15 Making the Most of What We Have
When the Fort Ord Army Base closed thirty years ago, Marina inherited 53,000-square feet of indoor recreation and swimming facilities. Former Water City Roller Rink was also forced to close due to safety and code issues.
While unsafe and dilapidated in their current state, with significant renovations these facilities can be re- imagined into functional facilities that could offer exciting local recreational opportunities for residents.
Planning for the Future
As it continues its forward momentum, the City of Marina is developing plans to maintain rapid 9-1-1 emergency response times, ensure city facilities remain functional and operational and provide quality city programs and services to residents. A local ballot measure cloud fund high priority improvements, including:
Providing safe, modern and updated fire and police stations located close to key population centers to ensure rapid emergency services Replacing outdated and structures city facilities with seismically safe facilities for emergency operations, disaster preparedness, and additional programs and operations
Renovating existing unused city facilities to provide year-round recreation, swimming and other safe activities for residents Dear Neighbor,
I am honored to have served as Marina’s City Manager for the past 10 years.
We are fortunate to have a beautiful coastal community with an excellent quality of life and safe neighborhoods. I’m writing today about an urgent issue we must address to keep Marina safe.
When the City of Marina incorporated in 1975, the population was approximately 10,000. The current population exceeds 23,000 and yet the city still relies on the fire stations, police station and city facilities that were built for a much smaller city. In fact, the city is operated from portable buildings that are over 45 years old and were intended to be temporary when they were installed.
Aging city facilities are impacting Marina’s ability to maintain rapid 9-1-1 emergency response times, disaster and emergency preparedness and other city services that are essential for keeping Marina residents safe.
Maintaining Rapid 9-1-1 Emergency Response
Over the last 8 years, 9-1-1 calls to the Marina Fire Department have increased by more than 50%with a majority of these calls requiring an Emergency Medical Technician from a local fire station. Marina’s aging fire stations were built for a much smaller population, are not located near Marina residents’ homes, resulting in average response times of eight to ten minutes while the national standard for rapid emergency response times is five minutes. In the event of a life threatening emergency, seconds can be the difference between life and death.
Aging Public Safety and City Facilities
Emergency planning, operations, disaster preparedness, law enforcement and other vital services currently occur in outdated and failing facilities.
The temporary modular buildings, which we have been using for 45 years, have a service life of 25-30 years. City facilities may pose future risks to City services and the accessibility to all residents.
The City has developed plans for safe and modern facilities but the cost to make these upgrades is beyond what the City’s current budget can support.
The City Council is considering placing a funding measure on the ballot for local voters to consider which would provide funding to make Marina safer.
Enclosed is more information about the City’s planning for safe and modern city facilities. As part of this planning process, please share your ideas and ask questions. Please email [email protected], call (831) 884-1211, or visit CityofMarina.org for more information.
Sincerely,
Layne Long
City Manager
Locally Controlled Funding for a Safer Marina
The City Council is considering placing a local funding measure on the ballot for local voters to consider. If approved, funds from the measure would be subject to strict fiscal accountability protections, including:
Required public disclosure of all spending
An independent oversight committee and mandatory annual audits A requirement that all funds must stay local to improve facilities in Marina only VISION
This rendering shows how the aging and dilapidated facilities could become modern, indoor recreation space for Marina residents of all ages.
Recreation and aquatics facilities inherited from Fort Ord must be upgraded or demolished Marina’s public safety facilities were built to protect a much smaller city, resulting in slower emergency
response times.
Aging city facilities need significant
repairs or replacement to remain
safe and functioning.
DRAFT
EXHIBIT C
16 December 11, 2023 Item No. 13j
Honorable Mayor and Members City Council Meeting
of the Marina City Council of December 19, 2023
CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 20 23-,
AUTHORIZING AMENDMENT TO THE STAFFING ALLOCATION PLAN
ADDING TWO DIVISION FIRE CHIEF POSITIONS AND THREE FIREFIGHTER POSITIONS AND AUTHORIZE STAFF TO APPLY FOR A 2023 SAFER GRANT FOR TWO FIREFIGHTER POSITIONS.
RECOMMENDATION:
It is requested that the City Council:
1. Consider adopting Resolution No: 2023- amending the Staffing Allocation Plan to add two (2) Division Fire Chief positions and three (3) Firefighter positions, and;
2. Authorize staff to apply for a 2023 SAFER grant application to fill two additional firefighter positions, and;
3. Authorize the Finance Director to make necessary accounting and budgetary entries to fund two (2) Division Fire Chief positions and one (1) Firefighter position.
BACKGROUND:
In 2020, Emergency Services Consulting International (ESCI) conducted a comprehensive Standards of Cover and Deployment analysis for the Marina Fire Department. The ESCI study analyzed the community and the associated risk. The Study identified the need f or two staffed engine companies, one station to cover the south end of the city and one to cover the north with overlapping coverage throughout central Marina.
In 2021, City Gate Associates conducted a Fire Station Location Study in conjunction with the City of Seaside to explore the possibility of a joint station to serve both Cities. The study identified the need for a second staffed Marina Fire station being that a joint station would not provide the necessary coverage for the City of Marina.
The Marina Fire department operates on a three-shift schedule to provide coverage twenty -four hours a day, seven days a week. These shifts consist of three personnel at Station One and two personnel at Station Two. Staffing at Station One is sufficient for a “fully staffed engine company” while the limited staffing at Station Two constitutes “staffing for a squad”. This staffing model does not allow the Marina Fire Department to meet the OSHA Respiratory standard 29 CFR 1910.134 until automatic aid or mutual aid is received. In addition, the staffing is needed to help meet the minimum staffing as defined in National Fire Protection Agency (NFPA) 1710 and 1720.
ANALYSIS:
To provide adequate protection from fire and fire-related hazards , fire departments depend on adequate staffing and deployment capabilities to respond to emergencies effectively and safely .
With adequate staffing levels, the citizens and residents of our community will experience a reduction in response times and trained personnel assembled at the incident scene.
Over the years t he Fire Department has experienced a steady increase in calls for service. Over the past 10 years the calls for service have increased 72% and have doubled since 2008. As development comes to fruition the calls for service will only increase more rapidly . The Department has also experienced a steady increase in overlapping calls (calls in which an engine company is committed, and a second call comes in.) As the call volume increases, so does the number of our overlapping calls increase at an exponential rate. In the last 10 years we have seen a 305% increase in the number of overlapping calls.
The statistical data shows the yearly increase in calls for service and the correlating extended response times. The standard response times for a medical aid is 5 minutes and 5 minutes and 20 seconds for a fire. We are also experiencing an increased demand for Inspections, Prevention Activities, Community Safety, School Education and Safety, Community Risk Reduction, Pre- Fire Planning, Training and Maintenance. Consequently, these are areas where we are falling behind.
The requested positions are shown in yellow on the organizational chart below.
The proposed positions would help fill gaps in our Fire department’s ability to provide essential services. The three firefighters would staff the 2 nd engine company which will provide the city with two fully staffed engine companies. The two additional Division Chief positions will fill the needed emergency response and shift supervision duties along with necessary administrative roles to include a dedicated Fire Mashal and EMS/Administrative Chief.
Fire Chief
B SHIFT C SHIFT
Captain Captain Captain Captain Captain Captain
Engineer
Engineer Engineer
Firefighter
Engineer
Firefighter
Engineer
Administrative Assistant
Selai Lesu
Engineer
Firefighter
A SHIFT
Division Chief Needed
Shift-Admin/EMS
Division Chief Needed
Shift-Fire Marshal
Engine Company
Station One
Squad
Station Two
Squad
Station Two
Squad
Station Two
Engine Company
Station One
Engine Company
Station One
Fire Fighter needed
for Engine Company
Fire Fighter needed
for Engine Company
Fire Fighter needed
for Engine Company
Division Chief
Shift-OPS & Training
Successful delivery of fire protection services involves two major elements, Fire Prevention and Fire Suppression. Fire prevention can be defined as those “pre-fire activities that reduce the probability of fires occurring and help limit the loss of property and life in the fires that do occur.” Fire prevention is vital to protecting the community and to help prevent loss of lives.
Fire Suppression with proper staffing allows Firefighters to provide proper lifesaving services and engage in fire suppression efforts to extinguish fires with a minimum loss of life, damage to the environment and to minimize property damage.
Adding the two (2) Division Fire Chief positions and three (3) Firefighter positions is necessary to support our Fire Suppression and Fire Prevention efforts. The increased staffing will support our deployment capabilities so that when we respond to emergencies, our communities have adequate protection from Fire, Fire related hazards and to provide Lifesaving services.
In the adopted two year budget for fiscal years 2023/24 and 2024/25 the City Council approved the submission of a SAFER grant for two Division Fire Chief positions and three Firefighter positions. Unfortunately, the City did not receive the grant.
Financial Analysis
The cost to fund a Division Fire Chief is approximately $230,000 annually. The cost to fund a Firefighter position is $130,000 annually. The total for a ll five positions is approximately $850,000 annually. Council has already approved $200,000 in the current budget for these positions, so the actual cost is $650,000 annually.
Staff is proposing that the Council approve funding for two Division Fire Chief positions and one Firefighter position. Staff will submit a SAFER grant to fund the additional two Firefighter positions. If the city does not receive the SAFER grant, staff will come back to the Council after the mid budget cycle review with a proposal to authorize funding for the remaining two Firefighter positions. Even though the City did not receive the SAFER grant last year, staff is strategically proposing a small amount with the hope of getting funded. This grant could save the city up to $780,000.
The current budget is structurally balanced (ongoing revenues exceed ongoing expenditures). Net revenues exceed expenditures by $294,418 for FY 2023/24 and by $471,310 for FY 2024/25.
Funding the two Division Fire Chief and one Firefighter positions will make the budget potentially structurally imbalanced. Staff anticipates at our mid-cycle budget review that revenues will increase and this can possibly help offset the additional expenditure increase from these positions.
In the current fiscal year budget, there is $3.9 million in unallocated one-time funds. Typically, these should only be used to fund one-time expenditures. However, the council can direct these funds to fund the ongoing expenditures for these positions for the next couple years. The city is funding $2.5 million annually in ongoing revenues to fund the current litigation with the protection of the city ’s groundwater aquifer. We anticipate this litigation to start resolving in the 2024/25 budget year which will free up these funds for ongoing expenditures which can be used to fund the firefighter positions.
FISCAL IMPACT:
The annual cost impacts are:
Two Division Fire Chiefs $460,000
One Firefighter $130,000
Total $590,000
Less $200,000
Net impact $390,000
Unallocated Fund balance $3.9 million
Less $390,000 each year
Remaining unallocated Fund Balance $3.12 million
CONCLUSION:
This request is submitted for City Council consideration and possible action.
Respectfully submitted,
____________________________
Doug McCoun
Fire Chief
City of Marina
REVIEWED/CONCUR:
____________________________
Laura Pruneda
Finance Director
City of Marina
_____________________________
Layne P. Long
City Manager
City of Marina
RESOLUTION NO. 2023-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA AUTHORIZING
AMENDING THE STAFFING ALLOCATION PLAN ADDING TWO DIVISION FIRE
CHIEF POSITIONS AND THREE FIREFIGHTER POSITIONS AND AUTHORIZE STAFF TO APPLY FOR A 2023 SAFER GRANT FOR TWO FIREFIGHTER POSITIONS.
WHEREAS, the City of Marina has a critical staffing shortage necessary to provide basic fire protection services, and;
WHEREAS, the hiring the five additional Firefighters is necessary to assist with staffing and deployment capabilities in order to respond to emergencies, assuring that our communities have adequate protection from fire and fire related hazards, and;
WHEREAS, the staffing will assist our departments efforts to meet the minimum staffing as defined in National Fire Protection Agency (NFPA) 1710 and 1720, as well as OSHA Respiratory standard 29 CFR 1910.134(g)(4)(ii), and;
WHEREAS, the fire department is requesting that Staffing Allocation Plan be amended to add two additional Division Fire Chief and 3 additional Firefighter positions, and;
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Marina does hereby:
1. Adopt Resolution No: 2023- amending the Staffing Allocation Plan to add two (2) Division Fire Chief positions and three (3) Firefighter positions, and;
2. Authorize staff to apply for a 2023 SAFER grant application to fill two additional firefighter positions, and;
3. Authorize the Finance Director to make necessary accounting and budgetary entries to fund two (2) Division Fire Chief positions and one (1) Firefighter position.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Marina duly held on the 19th day of December 2023 by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
________________________
Bruce C. Delgado, Mayor
ATTEST:
_______________________________
Anita Sharp, Deputy City Clerk