AMENDMENT TO AGREEMENT WITH
CITY OF MARINA
AND TEAM CIVX
THIS AMENDMENT ("First Amendment") to the Agreement for professional services pertaining to City to assist in evaluating the electoral feasibility of a Revenue me asure, develop a measure for the ballot, and implement a public outreach and communications program is made this ___ day of __________________ 2024, by and between the City of Marina, a California charter city ("CITY") and Team CivX ("CONTRACTOR"). CITY and CONTRACTOR are sometimes referred to herein collectively as the "Parties."
Recitals
A. On May 10, 2023, CITY and CONTRACTOR entered into the Agreement to provide assist in evaluating the electoral feasibility of a Revenue measure, develop a measure for the ballot, and implement a public outreach and communications program (the "Agreement") .
Compensation to the CONTRACTOR under the Agreement was provided on a time and materials basis not to exceed $75,000.
B. At the time of the agreement, the goal of CITY and CONTRACTOR was to develop a measure for the March 2024 Presidential Primary Election and was budgeted accordingly.
Due to various logistics and anticipated reduced voter turnout, CITY and CONTRACTOR focused efforts instead to plan for a measure to be brought forth for the November 2024 Presidential Election; the deadline for the CITY to file a local measure being Friday, August 9th, 2024.
C. With the extension, CONTRACTOR provided estimates for additional outreach by way of two (2) additional resident mailers, monthly consulting fees for service in April through July, and survey research polling conducted by FM3 Research , with total estimated additional costs amounting to $86,000.
D. Parties now desire to amend the Agreement through a First Amendment to: (1) amend Exhibit A (“Scope of Work”) ; (2) amend section (b) of Article 2 “Term of Agreement & Commencement of Work” ; and (3) replace Section (a) of the Article 3 "Compensation" of the Agreement to increase the compensation cap not to exceed $161,000.
C. The Agreement provides that it may only be amended or modified by written agreement of the Parties. Both Parties now desire to amend the Agreement to increase the scope of work and estimated additional costs as outlined in “Exhibit A” of this amendment.
E. Only the numbered Articles of the Agreement which are being amended are set forth in this First Amendment.
EXHIBIT A
4
Terms & Conditions Amended
Now, therefore, the Parties agree to amend the Agreement as follows:
1. Exhibit A (“Scope of Work”) as amended herein, replaces the original Exhibit A of the Agreement, and is made a part thereof.
2. Article 2 "Term of Agreement & Commencement of Work" Section (b) is deleted and replaced to read in its entirely:
(b) Contractor shall commence work on the Project on or by May 15, 2023, and shall expire on August 9, 2024. 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.
2. Article 3 "Compensation" Section (a) is amended to read in its entirety:
(a) "City liability for compensation to Contractor under this Agreement shall only be to the extent of the present appropriation to fund this Agreement. For services to be provided under this Agreement, City shall compensate Contractor on a time and materials basis in an amount not to exceed One hundred sixty-one dollars ($161,000) in accordance with the provisions of this Section and the attached hereto as "Exhibit B" and incorporated herein by this reference."
All other terms and conditions of the Agreement shall remain in full force and effect.
This Amendment may be executed in two (2) counterparts, each of which shall be deemed an original, but both of which together shall constitute one and the same instrument. Counterpart may be delivered by facsimile, electronic mail (including pdf. or any electronic signature complying with the U.S.ESIGN Act of 2000, California's Uniform Electronic Transactions Act (Cal. Civil Code 1633. 1 et seq.) or other applicable law) or other transmission method and any counterpart so delivered shall be deemed to have been validly delivered and be valid and effective for all purposes. This Amendment consists of three (3) pages. 5 IN WITNESS WHEREOF, the Parties hereto have executed this Amendment to the Agreement for CONTRACTOR to provide assistance in evaluating the electoral feasibility of a Revenue measure, develop a measure for the ballot, and implement a public outreach and communications program for the CITY.
CITY OF MARINA TEAM CIVX
By:
Layne Long
City
Manager
By:
Name:
Its:
Date: 2024 Date:
2024 (Attestation &
Approval follow)
Council Authorization (date):
Resolution No. 2024-
ATTEST:
By: Deputy City Clerk
APPROVED AS TO FORM:
By: City Attorney
6 EXHIBIT A
SCOPE OF SERVICES
I. Feasibility Assessment. Consultant shall perform the following Services as needed and requested by Client to assess the electoral feasibility of a ballot measure for Client:
A. Develop potential strategies to meet Client’s funding needs to be tested in polling; B. Collaborate with FM3 Research to design, conduct and analyze an opinion survey of voters to assess feasibility of Client’s ballot measure;
C. Research other local tax proposals that may be heading to an upcoming ballot that could compete with Client’s ballot measure; and
D. Make specific recommendations regarding the optimal election date, bond amount, tax rate, tax structure, and other important ballot measure features.
II. Ballot Measure Development. Consultant shall perform the following Services as needed and requested by Client to assist Client in preparing Client’s measure for the ballot:
A. Recommend a final bond amount, tax rate and duration; B. Recommend the final list of projects to be funded by Client’s ballot measure; C. Work with the City Attorney to develop the 75-word ballot question; D. Work with the City Attorney to develop and refine the full text of Client’s ballot measure, and other materials that will appear in the ballot pamphlet mailed to all voters; and E. Present recommendations, documents and resolutions to the City Council for approval.
III. Public Information. Consultant shall perform the following Services as needed and requested by Client regarding Client’s funding needs and potential ballot measure:
A. Develop informational messaging and fact sheets to be distributed at community events; B. Provide informational talking points, frequently asked questions and a message training for Client;
C. Provide content related to Client’s funding needs and ballot measure to be added to Client’s website, used in social media, included in email updates and added to newsletters; D. Prepare PowerPoint presentation for public and community meetings; E. Write, design, and produce mailings and advertising to inform local residents (priced separately, not included in fees, see Exhibit B);
F. Develop strategies and plans around information that may be provided to community groups including elected leaders, business leaders, ethnic community leaders, faith community leaders, taxpayer groups and others.
7 FEES
I. Base Consulting Fee. As compensation for the Services, Consultant shall be paid a “Base Consulting Fee” of $6,500 per month. The Base Consulting Fee shall be payable within thirty (30) days of receipt of invoice. The Base Consulting Fee shall be calculated on a pro-rata basis for the initial and/or final month of Services if less than a full calendar month.
II. Media and advertising goods and services shall be purchased or rented from Consultant by Client according to the agreed upon schedule of prices, which summarized below. The schedule of prices lists the entire cost of purchasing or renting media goods and services from Consultant. Consultant shall in turn subcontract the work to third party vendors. Payment for such items shall be made in advance by Client to Consultant, or to the third party vendor at the discretion of Consultant. Consultant shall submit to Client a monthly report of such expenses and within thirty (30) days thereafter Client shall reimburse Consultant in full for such expenses.
Cost of Public Opinion Polling (Provided by FM3 Research) 20 Minute Hybrid Survey of 300 City of Marina Likely November 2024 Voters Conducted by Telephone Calls, Email Invitations and Text Invitations: $30,000 Cost of Informational Brochure Mailing
Estimated Number of Registered Voter Households: 6,750
Estimated Total Cost: $8,000 per mailing
Price is per unique mailing to the universe of households estimated above. Price includes design, prepress, printing, address data, addressing, sorting, post office delivery, bulk postage and sales tax. Additional pricing available upon request.
III. Reimbursable Expenses. Client shall reimburse Consultant for expenses incurred by Consultant in connection with the performance of the Services including, but not limited to, automobile mileage at the established IRS reimbursement rate at the time at the time of travel, parking fees, copying fees, and other out-of-pocket expenses. Consultant shall submit to Client a monthly report of such reimbursable expenses and within thirty (30) days thereafter Client shall reimburse Consultant in full for such expenses. Consultant shall not incur any expenditure on Client’s behalf in excess of $1,000 without verbal or written approval from Client. Client may designate in writing an individual(s) with authority to approve expenditures on Client’s behalf.
IV. Interest For Late Payments. In addition to all other rights and remedies under this Agreement or applicable law, any amount not paid when due will accrue interest at the lesser of 1% per month or the maximum legal rate until paid in full.
8 May 3, 2024 Item No. 10g(3)
Honorable Mayor and Members City Council Meeting of the Marina City Council of May 7, 2024
CITY COUNCIL TO CONSIDER ADOPTING RESOLUTION 2024 -,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF
MARINA AND ROESLING NAKAMURA TERADA ARCHITECTS, INC.
FOR IDENTIFYING COMMUNITY CENTER SITES, DEVELOPMENT
OF CONCEPTUAL PLANS AND ESTIMATED COSTS FOR
COMMUNITY FACILITIES
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt Resolution No. 2024 -, a uthorize the City Manager to execute an amendment increasing the amount of the agreement between the City of Marina and Roesling Nakamura Terada Architects, Inc. by $17,000 for identifying community center sites, development of conceptual plans and estimated costs for community facilities ; subject to final review and approval by the City Attorney; and
2. Authorize the Finance Director to make appropriate budget adjustments.
BACKGROUND:
At the regular meeting of February 2, 2024, the City Council adopted Resolution No. 2024 -11 approving an Agreement for Consulting Services with Roesling Nakamura Terada (RNT) Architects, Inc., totaling $70,000.00 to work with city staff in identifying community center sites, development of conceptual plans and estimated costs for community facilities. The work done by the consultants would aid in informing the public on the feasibility for a potential ballot measure, by identifying a site(s) for community facilities and developing conceptual plans and estimated costs for such facilities.
ANALYSIS:
As part of their efforts, project consultants from RNT Architects held meetings with City departments to gather input on current and future organizational needs. The consultants also conducted several site visits during the months of February and March, to identify potential sites in which community and public needs could be addressed in a cost-effective way to the City. The identification of sites and development of conceptual plans is still on-going.
At the April 2, 2024 City Council meeting during the presentation with TeamCivX consultants regarding the potential ballot measure, the City Council discussed the need to have an assessment of the existing condition of city facilities and having a better estimate of the cost to rehabilitate or renovate existing facilities. Staff discussed with council that RNT would be able to do this assessment and that we would bring an amendment for this work back to the Council at the next Council meeting..
RNT Architects conducted on -site inspections and an assessment of the council chambers, city hall, community development annex, and the public safety building and provided a facility condition index of these buildings evaluating repair vs. replacement. Th is was presented at the April 30, 2024 City Council special meeting study session. 1 The scope of the contract with RNT needs to be increased by $17,000 to cover the cost for the site assessment and inspections and complete the facility condition index report. This will increase the total contract with RNT to $87,000.
FISCAL IMPACT:
The additional $17,000 is proposed to come from unallocated fund balance.
CONCLUSION:
This request is submitted for City Council consideration and possible action.
Respectfully submitted,
____________________________
Cyrah Caburian
Executive Assistant
City of Marina
REVIEWED/CONCUR:
_____________________________
Layne P. Long
City Manager
City of Marina
2 RESOLUTION NO. 2024-XX
A RESOLUTION OF CITY COUNCIL OF THE CITY OF MARINA AUTHORIZING
THE CITY MANAGER TO EXECUTE AN AMENDMENT TO THE AGREEMENT
BETWEEN THE CITY OF MARINA AND ROESLING NAKAMURA TERADA ARCHITECTS, INC. FOR IDENTIFYING COMMUNITY CENTER SITES ,
DEVELOPMENT OF CONCEPTUAL PLANS AND ESTIMATED COSTS FOR
COMMUNITY FACILITIES
WHEREAS, At the regular meeting of February 2, 2024, the City Council adopted Resolution No. 2024-11, approving an Agreement for Consulting Services with Roesling Nakamura Terada (RNT) Architects, Inc., totaling $70,000.00 to identify community center sites, development of conceptual plans and estimated costs for community facilities; and
WHEREAS, The work done by the consultants would aid in informing the public on the feasibility for a potential ballot measure, by identifying a site(s) for community facilities, and developing conceptual plans and estimated costs for such facilities; and
WHEREAS, At the April 2, 2024 City Council meeting, staff received direction to have RNT conduct an assessment of the existing condition of city facilities to assist with having a better estimate of the cost to rehabilitate or renovate existing facilities in comparison to new construction; and
WHEREAS, To conduct the facilities assessment requires an increase in the contract with RNT in the amount of $17,000.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Marina does hereby:
3. Authorize the City Manager to execute an amendment to the agreement between the City of Marina and Roesling Nakamura Terada Architects, Inc. increasing the amount of the contract by $17,000 for conducting a site assessment and inspection and a facility condition index report for city facilities; subject to final review and approval by the City Attorney; and
4. Authorize the Finance Director to make appropriate budget adjustments.
PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 7th day of May, 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 May 3, 2024 Item No. 10g(4)
Honorable Mayor and Members City Council Meeting of the Marina City Council of May 7, 2024
CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO . 2024 -,
APPROVING AGREEMENT BETWEEN CITY OF MARINA AND
FIELDMAN ROLAPP & ASSOCIATES FOR FISCAL ADVISORY
SERVICES, AUTHORIZE THE CITY MANAGER TO EXECUTE
AGREEMENT SUBJECT TO FINAL REVIEW AND APPROVAL BY THE
CITY ATTORNEY.
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt Resol ution No. 2024 -, approving agreement between the City of Marina and Fieldman Rolapp & Associates for fiscal advisory services, and;
2. Authorize City Manager to execute agreement subject to final review and approval by the City Attorney.
BACKGROUND:
The City has a need for a Fiscal Advisor to assist the City with specific municipal fiscal advisory services such as formation of a community facilities district, enhanced infrastructure financing district, bond issuances, continuing debt disclosures, refinancing debt etc. These financial transactions are complex and involve a team of technical specialists ( i.e., fiscal advisor, bond counsel, underwriters, etc.). The Fiscal Advisor is the main person who will coordinate the team of experts, understand the available financing, and will help and advise the City on these complex financing decisions.
Previously the City has contracted with the firm of Fieldman Rolapp & Associates because of their prior participation in City debt issuance; their firms staffing and research resources and depth of knowledge about the types of financing transactions that the City is considering in the future.
ANALYSIS:
The City will have need for assistance immediately in the formation of an enhanced infrastructure financing district related to the Joby Aviation activities at the Marina Municipal Airport and in the formation of a community services district for both the Dunes and Marina Station developments .
Additionally, there is a potential general obligation bond and other future bond issuances. The City also has a need for services for continuing disclosures.
The compensation for bond transactions is $60,000 per transaction, these costs are typically built into the cost of the bond. The hourly rates for their other services vary between $395 for executive officers to $95 for administrative assistants. These rates are specified in the contract. It is estimated that the hourly cost to form a CFD or EIFD will be approximately $40,000.
1 FISCAL IMPACT:
The impact to the General Fund will depend on the scope of services needed regarding, formation of districts, bond refinancing, or issuing new debt. Formation of community facilities districts are paid by the developer . Formation of an enhanced infrastructure financing district will require funding from the General Fund . Costs associated with issuance of debt are built into the cost of the debt.
CONCLUSION:
This request is submitted for City Council consideration and possible action.
Respectfully submitted,
_________________________
Layne P. Long
City Manager
City of Marina
2 RESOLUTION NO. 2024-
A RESOLUTION OF CITY COUNCIL OF THE CITY OF MARINA APPROVING AN
AGREEMENT BETWEEN CITY OF MARINA AND FIELDMAN ROLAPP & ASSOCIATES
FOR FISCAL ADVISORY SERVICES AND AUTHORIZING THE CITY MANAGER TO
EXECUTE AN AGREEMENT SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY.
WHEREAS, the City has a need for a Fiscal Advisor to assist the City with specific municipal advisory services such as formation of a community facilities district, enhanced infrastructure financing district, bond issuances, continuing debt disclosures, refinancing debt etc.; and
WHEREAS, Fieldman Rolapp & Associates is qualified to provide these services and has previously provided these services to the City.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Marina does hereby:
1. Approve an agreement between the City of Marina and Fieldman Rolapp & Associates for municipal advisory services; and
2. Authorize the City Manager to execute the agreement on behalf of the City subject to final review and approval by the City Attorney.
PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 7th day of May, 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
4 EXHIBIT A
5 EXHIBIT A
6 EXHIBIT A
7 EXHIBIT A
8 EXHIBIT A
9 EXHIBIT A
10 EXHIBIT A
11 EXHIBIT A
12 EXHIBIT A
13 EXHIBIT A
14 EXHIBIT A
15 EXHIBIT A
16 EXHIBIT A
17 EXHIBIT A
18 EXHIBIT A
19 EXHIBIT A
20 EXHIBIT A
21 EXHIBIT A
22 EXHIBIT A
23 EXHIBIT A
24 EXHIBIT A
25 EXHIBIT A
26 EXHIBIT A
27 EXHIBIT A
28 EXHIBIT A
29 EXHIBIT A
30 April 24, 2024 Item No. 10j(1)
Mayor and Members of the City Council Meeting
City Council of May 7, 2024
CITY COUNCIL TO RECEIVE AN INFORMATIONAL UPDATE ON THE
MOBILE VENDING ORDINANCE. THE UPDATE IS NOT A PROJECT
UNDER CEQA PER SECTION 15378 OF THE CEQA GUIDELINES.
REQUEST:
That the City Council receive a brief informational update on the status of the Mobile Vending Ordinance adopted on December 5, 2023. No action is required at this time.
BACKGROUND:
On December 5, 2023, the City Council adopted Ordinance No. 2023 -15 to the Marina Municipal Code (MMC) adding Chapter 10.46 1 – Mobile Food Vending and Sidewalk Vending to Title 10 of the MMC. The Council directed staff to bring an update back to the Council in six months.
DISCSUSION:
The City has not received any applications for a Mobile Food or Sidewalk Vending license and very few inquiries since adopting . There are, from time to time, unlicensed sidewalk vendors operating in parking lots and on sidewalks throughout the City. They are contacted by our Code Enforcement Officer and notified that a license is required for them to operate, but none have endeavored to obtain the required license. Per the Code, unlicensed operators are subject to enforcement under MMC Chapters 1.08, 1.10 and 1.12.
As a result of not having issued any licenses, there is no update on the specific items that the Council wished to track:
- Require mobile vendors to put a “No Smoking Sign” on their trucks - Notify all brick-and-mortar restaurants of this new ordinance (done) - Monitor if there is an over concentration of the vendors in one section of the community - Conduct outreach to interested vendors (ongoing through web/social media posts) - Examine impact of regulations on brick and mortar businesses - Allow mobile vendors in the south park area of the Dunes Staff will also continue to advertise on the City’s website and social media platforms that mobile food vending is allowed in the City of Marina.
1 https://marina.municipal.codes/Code/10.46
1 Respectfully submitted,
____________________
Alyson Hunter, AICP
Planning Services Manager
City of Marina
REVIEWED/CONCUR:
______________________
Guido Persicone, AICP
Community Development Director
City of Marina
Layne Long
City Manager
City of Marina
2 May 7, 2024 Item No. 10j(2)
Honorable Mayor and Members City Council Meeting
of the Marina City Council of May 7, 2024
Honorable Chairperson and Members Successor Agency Meeting of the Successor Agency to Marina Redevelopment Agency of May 7, 2024
Chair and Board Members of Corporation Meeting
Preston Park Sustainable Community Non-Profit Corporation of May 7, 2024
CITY COUNCIL OF THE CITY OF MARINA, SUCCESSOR AGENCY TO THE
REDEVELOPMENT AGENCY BOARD, AND PRESTON PARK SUSTAINABLE
COMMUNITY NPC BOARD TO RECEIVE INVESTMENT REPORTS FOR THE
CITY OF MARINA , CITY OF MARINA AS SUCCESSOR AGENCY TO THE
MARINA REDEVELOPMENT AGENCY , AND PRESTON PARK
SUSTAINABLE COMMUNITY NON -PROFIT CORPORATION AND ABRAMS B NON-PROFIT CORPORATION FOR THE QUARTER ENDED MARCH 2024
REQUEST:
It is requested that the City Council and Boards:
1. Consider receiving Investment Reports for the City of Marina , City of Marina as Successor Agency to the Marina Redevelopment Agency , and Preston Park Sustainable Community Non -Profit Corporation (PPSC -NPC) and Abrams B Non - Profit Corporation for the quarter ended March 31, 2024.
BACKGROUND:
Cash Management. The City’s aggregate cash and investments closed down by $5.6MM at the end of the quarter, primarily due to a $3.1MM conservation easement that was required to begin the Imjin Widening Project. The Successor Agency closed up by $2MM due to the receipts of $2.8MM ROPS distribution from the Redevelopment Property Tax Trust. The Preston & Abrams Non-Profit Corporations closed up $3MM due to inclusion of the Abrams capital reserve funds that were previously included. Consistent with the City’s investment strategy of capital preservation, the City has continued to maintain significant cash with the Local Agency Investment Fund (LAIF), where the yields have improved to 4.12% but are still lagging behind returns from US Treasury Bills that remain north of 5%. To optimize investment yields and further diversify into other financial institutions per the city’s investment policy, a new investments account was opened in the first quarter of 2024, where all funds have been deployed in US Treasury Bills . Efforts to reposition investments from LAIF to other financial institutions are still underway. Changes to the City’s investment portfolio for the last quarter are shown in Table I, Cash and Investments.
1 Table I – Cash and Investments
The quarter ly LAIF interest rate was 4.12%, which represents a 0. 31% increase from the previous quarter, as seen in Table I. Chart I, Treasury Yield Curve shows the treasury yield curve and its recent shift from March 2023 to March 2024. The Treasury Yield captures yield at various investment horizons. The chart demonstrates that short -term investments currently command higher yields than longer term investments.
Chart I, Treasury Yield Curve
2 Interest revenue is expected to outperform the previous year’s revenue precisely due to this non - LAIF investment option, with has yielded above 5%. Interest revenue is allocated to all city funds, based on each funds respective fund balance. Nearly half of the city’s interest revenue is allocated to the General Fund . Other significant funds, such as Fund 215 – Public Facilities Impact Fees, Fund 223 – FORA Dissolution Fund and Fund 422 – Measure X Capital Projects receive most of the remaining interest revenue. The city operates under an investment policy which can be found at: http://www.cityofmarina.org/26/Finance .
Interest Rate / Economy. The Federal Open Committee (FOMC) is the monetary policy making body of the Federal Reserve. They met two times during the 1st calendar quarter of 202 4 (from January 1 to March 31st) but have maintained interest rates steady between 5.25% and 5.50% for the 4th consecutive time. Economists had widely predicted a series of four to five 25 basis point cuts in 2024, however, progress towards achieving a target rate of 2% inflation has stalled and the data has not supported the much -anticipated rate decrease. The Fed continues to closely monitor economic data. Staff will also continue to monitor the yield curve and stay informed of economic forces and market conditions to maximize returns on investment.
Economically, the city is in a healthy position. Property tax revenues continue to experience a slight growth trajectory due to new development and increases in property values due to ownership transfers (real estate sales). Transient occupancy and sales tax revenues have recovered from the pandemic and continue to demonstrate reliable cash flow to the city that is consistent with expectations.
Portfolio Strategy. Staff’s goal is to match or outperform LAIF. LAIF’s quarterly performance was an ROI of 4.12%, whereas US Treasury Bills commanded above 5%, a s shown in Chart I.
City staff has established another investment account to shift funds from LAIF to higher performing securities.
ANALYSIS:
The attached investment reports include the City of Marina's and the City of Marina as Successor Agency to the Marina Redevelopment Agency's and Preston & Abrams Non -Profit Corporation reports (“EXHIBIT A ”). These include unreconciled balances of City , Successor Agency and Preston Park / Abrams Park investments held by financial institutions as reported in their monthly statements.
FISCAL IMPACT:
Investing the City’s in accordance with the City’s primary investment objective of safety, liquidity and yield can earn respectable interest earnings for the City , City of Marina's and the City of Marina as Successor Agency to the Marina Redevelopment Agency.
CONCLUSION:
This request is submitted for City Council consideration and possible action.
__________________________
Roger Sattoof
Financial Analyst
City of Marina
3 __________________________
Laura Pruneda
Finance Director
City of Marina
REVIEWED/CONCUR:
____________________________
Layne P. Long
City Manager
City of Marina
4 EXHIBIT A-1
To: Honorable Mayor and City Council Members
From: Roger Sattoof, Financial Analyst
RE: Investment Report for City of Marina Funds
Quarter Ended March 31, 2024
INVESTMENT SUMMARY:
Institution Market Value
Imprest Cash 2,000$
Chase Checking/Savings Account/Certificate of Deposit 2,030,395$ Local Agency Investment Fund (LAIF) 62,274,152$
JP Morgan Investments 64,473,178$
US Bank Investments 10,843,199$
Citizen Bank / LPL Investments 19,016,161$
Total 158,639,086$
Cash not earning interest 2,032,395$
Non earning cash as a percentage of total cash 1%
I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City of Marina's anticipated expenditure requirements for the next six (6) months. (California Government Code Section 53646)
Laura Pruneda, Finance Director
Roger Sattoof, Financial Analyst
CITY OF MARINA
INVESTMENT REPORT
Quarter Ended March 31, 2024 City of Marina
Pg. 1 of 2
5 EXHIBIT A-1
INVESTMENT DETAIL:
Institution Cusip
Purchase
Date Maturity Coupon Rate (%) Face Market Value
Book Value/ Cost
Basis
Unrealized
Gain/(Loss)
Imprest Cash N/A N/A 0.00% 2,000 2,000 2,000 -
Chase Checking - x2905 N/A N/A 0.00% 2,030,395 2,030,395 2,030,395 -
Local Agency Investment Fund (LAIF) - x7509 N/A N/A 4.12% 62,274,152 62,274,152 62,274,152 - JP Morgan Investments - x4617
US Treasury Bill 912796CX5 10/18/2023 4/18/2024 0.00% 5.40% 9,000,000 8,977,629 8,760,670 216,959 US Treasury Bill 912796ZW2 12/21/2023 6/20/2024 0.00% 5.15% 10,000,000 9,884,078 9,746,413 137,664 US Treasury Bill 912796Y45 1/3/2024 6/27/2024 0.00% 5.11% 2,370,000 2,340,117 2,312,269 27,847 US Treasury Bill 912796Y52 1/9/2024 7/5/2024 0.00% 5.10% 2,357,000 2,324,736 2,299,015 25,720 US Treasury Bill 912797JU2 2/1/2024 8/1/2024 0.00% 5.00% 5,000,000 4,912,414 4,877,322 35,092 US Treasury Bill 912797JY4 2/1/2024 5/28/2024 0.00% 5.15% 5,000,000 4,958,443 4,918,397 40,046 US Treasury Bill 912797GK7 2/7/2024 8/8/2024 0.00% 5.09% 11,000,000 10,798,039 10,723,807 74,231 US Treasury Bill 912797KLO 3/21/2024 9/19/2024 0.00% 5.17% 20,783,000 20,277,722 20,253,449 24,273 65,510,000 64,473,178 63,891,344 581,834 US Bank Investments Marina Abrams B 2006 11/15/2006 11/15/2036 N/A 4.92% 450,897 450,897 450,897 - US Bank COPS 2022 5/1/2022 5/1/2047 N/A 4.76% 10,392,302 10,392,302 10,392,302 - 10,843,199 10,843,199 10,843,199 -
Citizens Bank LPL - x1647 US Treasury Bill - 912797KK2 3/14/2024 9/12/2024 0.00% 5.24% 2,052,000 2,004,231 1,999,785 4,446 US Treasury Bill - 912797KA4 3/12/2024 2/20/2025 0.00% 4.96% 2,094,000 2,002,785 1,999,636 3,150 US Treasury Bill - 912797KA4 3/15/2024 2/20/2025 0.00% 4.94% 5,000,000 4,782,200 4,778,622 3,578 US Treasury Bill - 912797KA4 3/20/2024 2/20/2025 0.00% 5.03% 5,233,000 5,005,051 4,999,358 5,693 US Treasury Bill - 912797KA4 3/21/2024 2/20/2025 0.00% 4.98% 232,000 221,894 221,772 122 5,000,000 5,000,000
19,611,000 19,016,161 13,999,172 16,989 TOTAL INVESTE 160,270,747 158,639,086 153,040,263 598,823 Checking and LAIF accounts for the City of Marina and the Successor Agency are registered and accounted for in the separate names. City of Marina Pg. 2 of 2
Transfer in transit - to purchase an investment
6 EXHIBIT A-2
To: Honorable Mayor and City Council Members
From: Roger Sattoof, Financial Analyst
RE: Investment Report for Successor Agency Funds
Quarter Ended March 31, 2024
INVESTMENT SUMMARY:
Institution Market Value
Chase Checking Account 134,076$
Local Agency Investment Fund (LAIF) 4,926,332 $
US Bank Successor Agency Bonds 3,487,338 $
Total 8,547,746$
Cash not earning interest 134,076 $
Non earning cash as a percentage of total cash 2%
I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the Successor Agency's anticipated expenditure requirements for the next six (6) months. (California Government Code Section 53646)
Laura Pruneda, Finance Director
Roger Sattoof, Financial Analyst
Successor Agency
Pg. 1 of 2
CITY OF MARINA AS SUCCESSOR AGENCY TO THE MARINA REDEVELOPMENT AGENCY
INVESTMENT REPORT
Quarter Ended March 31, 2024
7 EXHIBIT A-2
INVESTMENT DETAIL:
Institution Description Purchase
Date Maturity Coupon Rate (%) Face Book Value Market Value Local Agency Investment Fund (LAIF) 65-27-003 N/A N/A N/A 4.12% 4,926,332 4,926,332 4,926,332 Chase Checking 273582921 N/A N/A N/A 0.00% 134,076 134,076 134,076 US Bank - x0817 2018 Series A&B Bonds 9/1/2018 9/1/2038 N/A 4.96% 1,124,103 1,124,103 1,124,103 US Bank - x0508 2020 Series A&B Bonds 9/1/2020 9/1/2040 N/A 4.95% 1,019,167 1,019,167 1,019,167 US Bank - x0006 2023 Series A&B Bonds 9/1/2023 9/1/2043 N/A 4.75% 1,344,068 1,344,068 1,344,068 3,487,338 3,487,338 3,487,338
TOTAL INVESTED 8,547,746 8,547,746 8,547,746
Checking and LAIF accounts for the City of Marina and the Successor Agency are registered and accounted for in the separate names.
Successor Agency
Pg. 2 of 2
Total Trustee Accounts
8 EXHIBIT A-3
To: Honorable Mayor and City Council Members
From: Roger Sattoof, Financial Analyst
RE: Investment Report for Enterprise Funds
Preston Park Sustainable Community Non-Profit Corporation & Abrams B Non-Profit Corporation Quarter Ended March 31, 2024
INVESTMENT SUMMARY:
Institution Description Maturity Coupon Rate (%) Face Book Value Market Value Bridge Bank Preston Park - Capital Reserve Account x9858 N/A N/A N/A 4.85% 10,938,336 $ 10,938,336$ 10,938,336$ Bridge Bank Abrams Park - Trust Account Reserve - x7070 N/A N/A N/A 1.00% 1,766,335 $ 1,766,335$ 1,766,335$ Bridge Bank Abrams Park - Trust Account Reserve - SD x3061 N/A N/A N/A 1.00% 1,017,949 $ 1,017,949$ 1,017,949$ 13,722,620$ 13,722,620$ 13,722,620$
Cash not earning interest N/A
Non earning cash as a percentage of total cash N/A
Laura Pruneda, Finance Director
Roger Sattoof, Financial Analyst
Enterprise Funds
Pg. 1 of 1
Purchase
Date
9 Agenda Item: 10 l(1)
City Council Meeting of
May 7, 2024
ORDINANCE NO. 2024-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MARINA
AMENDING MARINA MUNICIPAL CODE (MMC) SECTION 17.62.090.A
TO ALLOW A TERM OF TWO YEARS FOR TREE COMMITTEE
MEMBERS.
1. During the COVID-19 pandemic, the City temporarily discontinued or combined certain City committees and boards, including transferring the duties and obligations of the Tree Committee to the Planning Commission.
2. On August 16, 2022, the City Council adopted Resolution No. 2022-11, directing staff to reconstitute the Tree Committee. On February 7, 2023, the City Council adopted Resolution No. 2023-11 appointing the membership of the Tree Committee for a one-year term. On November 21, 2023, the City Council adopted Resolution No. 2023-126 extending the term of the sitting Tree Committee for another year, expiring on January 1, 2025.
3. The proposed amendment will codify a two-year term for the Tree Committee beginning January 1, 2025, and allow for a more reliable, efficient, and effective process for the review of Tree Removal permits and other Committee tasks as needed.
4. The City Council reviewed the proposed amendments and considered the recommendations of the Planning Commission and held a duly noticed public hearing on April 16, 2024.
5. In accordance with the California Environmental Quality Act (CEQA), this ordinance is not subject to CEQA pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Article 5, Section 15378 because the proposed ordinance will not, either directly or indirectly, result in a significant effect on the environment. Therefore, the adoption of this ordinance is exempt from CEQA and no further environmental review is necessary.
NOW, THE CITY COUNCIL OF THE CITY OF MARINA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The foregoing recitals are adopted as findings of the City Council as though set forth fully herein.
1 SECTION 2. The City Council of the City of Marina determines the proposed ordinance amendment is exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15378.
SECTION 3. The City Council hereby adopts the ordinance amendments as follows noting that strikethrough and underlined sections refer to those that are recommended for deletion or addition, respectively:
Chapter 17.62
TREE REMOVAL, PRESERVATION AND PROTECTION
17.62.010 Purpose and intent.
A. The city recognizes that the maintenance and new growth of healthy trees facilitates drainage, combats soil erosion, reduces global warming, adds real property and aesthetic values, and provides habitat for wildlife. To enhance the beauty of the city, while at the same time recognizing individual rights to develop private property, the city council adopts this chapter, establishing basic standards and measures to preserve and maintain existing trees and to encourage new tree planting.
B. It is the intent of the city by the adoption of these regulations to limit and restrict the removal of healthy and desirable trees in the city. However, regarding single-family residential properties which cannot be further subdivided, the intent is to limit and restrict only the removal of landmark trees.
…
17.62.090 Tree committee.
The committee members shall be appointed and the committee shall operate according to Chapter 2.12 and in the following prescribed manner:
A. The committee shall be established and appointed by the city council for a term of two years on an annual basis by a majority vote of the city council upon a recommendation from the planning commission.
B. The committee shall consist of five members plus one alternate as follows:
1. Members 1 through 3. At least three committee members shall be members of the public - at-large. One public -at-large member may reside outside the city. All other public -at-large members shall be residents of the city. All public -at-large members should preferably have a background, or some knowledge, of planning, landscaping, and/or trees, or any related field. …
2 SECTION 5. Severability. If any portion of this Ordinance is found to be unconstitutional or invalid the City Council hereby declares that it would have enacted the remainder of this Ordinance regardless of the absence of any such invalid part.
SECTION 6. The City Manager is directed to execute all documents and to perform all other necessary acts to implement this Ordinance.
SECTION 7. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its final passage and adoption.
I HEREBY CERTIFY that the foregoing is a true and correct copy of an Ordinance introduced at a regular city council meeting held on April 16, 2024, and passed and adopted by the City Council of the City of Marina at a regular meeting duly held on May 7, 2024, 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 Agenda Item: 10 l(2)
City Council Meeting of
May 7, 2024
ORDINANCE NO. 2024-05
AN ORDINANCE OF THE CITY OF MARINA TO AMEND TITLE 8,
ARTICLE OF THE MARINA MUNICIPAL CODE TO ADD CHAPTER 8.70 PUBLIC NUISANCE.
-oOo-
1. The Community Development Department (CDD) for the City of Marina (City), through its regular use and implementation of the Marina Municipal Code (MMC), discovered that Public Nuisance Ordinance (PNO) has not been established.
2. Through this amendment, the City seeks to modernize the MMC and create a process to abate blighted properties and nuisance conditions on public and private properties that is in common with other California municipalities.
3. The amendment will give staff, including the new Code Enforcement Officer , an enforcement tool to address blighted properties and nuisances in the City.
4. The proposed PNO will use the administrative citations in Section 1. 12.050 for properties in violation of the code and cost recovery will be provided for abatement actions. No change to the adopted fee schedule is required to accommodate this amendment to the MMC.
5. The City Council desires to amend the MMC to promote the health, safety, and general welfare of the public by requiring a level of maintenance of private and public property that is not currently in the MMC.
6. The proposed ordinance adds new Chapter 8.70 (Public Nuisance), to MMC Title 8, Health and Safety of the MMC.
7. The Planning Commission held a duly noticed informational item on the Ordinance amendment on January 25, 2024.
8. The City Council held a duly noticed public hearing on the Ordinance amendment on April 16, 2024.
9. This Ordinance is not subject to environmental review pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Article 5, Sections 15060(c)(2) and 15061(b)(3) because the activity would not result in a direct or reasonably foreseeable indirect physical change in the environment and the proposed ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Because the proposed action merely updates the Municipal Code to provide additional methods for the City to abate public nuisances, there is no possibility that the activity 1 in question may have a significant effect on the environment. Therefore, the adoption of this ordinance is exempt from CEQA, and no further environmental review is necessary.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MARINA DOES ORDAIN AS FOLLOWS:
SECTION 1. The foregoing recitals are adopted as findings of the City Council as though set forth fully herein.
SECTION 2. The City Council hereby amends the MMC to add Chapter 8.70, as follows:
Chapter 8.70
PUBLIC NUISANCE
Sections:
8.70.010 Purpose.
8.70.020 Definitions.
8.70.030 Property owner duty to abate nuisance.
8.70.040 Enforcement responsibility – Delegation of authority.
8.70.050 Nuisance defined.
8.70.060 Unlawful nuisance on public property.
8.70.070 Right of entry.
8.70.080 Declaration of public nuisance.
8.70.090 Notice to property owner of abatement of nuisance.
8.70.100 Appeal procedure--Administrative hearing.
8.70.110 Abatement by city manager upon default of property owner.
8.70.120 Hearing Officer’s decision final -- Judicial review.
8.70.130 Summary specific abatement – Imminent danger.
2 8.70.010 Purpose.
The purpose of this Chapter is to promote the health, safety, and general welfare of the public by requiring a level of maintenance of residential, commercial, and industrial property which will protect and preserve the livability, appearance, and social and economic stability of the city and which will also protect the public from the health and safety hazards and the impairment of property values which results from the neglect and deterioration of property.
This chapter is not intended to be applied, construed, or given effect in a manner that imposes upon the city, or upon any officer or employee thereof, any duty towards persons or property within the city or outside of the city that creates a basis for civil liability for damages, except as otherwise imposed by law.
8.70.020 Definitions.
For the purpose of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section:
A. “Abatement costs” means all specific abatement costs, including reasonable reinspection fees prescribed by city council resolution, administrative and incidental expenses. “Incidental expenses” includes, but is not limited to, personnel costs, both direct and indirect, costs incurred in inspecting the property, in documenting the nuisance, the actual expense to the city for the preparation of notices, preparation of specifications and contracts for abatement and the inspection of the work, the costs of printing and mailings required hereunder, and attorneys’ fees pursuant to Cal. Gov’t Code § 38773.5.
B. “Administrative order” means specific conditions imposed on the property owner by the city manager as a condition of continued operation or occupancy of the property.
Administrative orders shall be reasonably calculated to resolve the nuisance condition and may include, but are not limited to, modification of management practices and the physical character of the property.
C. “Attractive nuisance” means property which is in an unsecured state to potentially constitute an attraction to children or other unauthorized persons, or to enable persons to resort there for the purpose of committing a nuisance or unlawful act.
D. “Building/structure” means any structure, including but not limited to any house, garage, duplex, apartment, condominium, stock cooperative, mobile home, fence, wall, temporary structures, or other residential structure, and any commercial, industrial, or 3 other establishment, warehouse, kiosk, or other structures affixed to or upon real property used for the purpose of dwelling, business, storage, or other activity.
E. “City manager” shall mean, for the purposes of this code, the City manager and as necessary in consultation with the Community Development Director, Fire Chief, the Building Official, and / or the Chief of Police.
F. “Commercial establishment” means a for -profit, nonprofit, or not -for-profit organization or institution offering goods or services to the public on a retail, wholesale or charitable basis including mail order, television, radio, Internet and other electronic or light beam impulse device, merchandiser, or service provider.
G. “Common area” means an entire common interest development as defined in Cal. Civ.
Code § 1351, except the separate interests therein.
H. “Homeowners’ association” means any California corporation, nonprofit mutual benefit corporation or unincorporated association created for the purposes of controlling, managing, or maintaining the common areas of a common interest development defined in Cal. Civ. Code § 1351.
I. “Person” means any individual, firm, partnership, corporation, association or any other organization or entity, however formed. “Person” also includes any public entity or agency that acts as a property owner in the city, other than the City of Marina.
J. “Property” means all residential, industrial, commercial, and other real property, including but not limited to front yards, side yards, rear yards, driveways, walkways, alleys, private parks, private parklets, common areas and sidewalks, and shall include any building, wall, fence, or other structure, whether fixed or moveable, located on such property.
K. “Property owner” means any person, whether individual(s) or legal entity(ies) , having legal record ownership of the subject property, or effective possession or control of the property, or the person(s) having responsibility for maintenance or management of the subject property, including but not limited to fee owners, lessees, occupants and homeowners’ associations. A homeowners’ association or a property management company which exercises control or management over a common area shall be deemed a property owner of such common area.
4 L. “Specific abatement” includes, but is not limited to, closure of all business activity, vacating of the premises, imposition of administrative orders, revocation of business application and occupancy permits, demolition, removal, repair, maintenance, construction, reconstruction, replacement or reconditioning of structures, appliances or equipment; removal, transportation, disposal and treatment of waste and abandoned materials and equipment capable of attracting or harboring rodents or insects or producing odors or blight.
M. “Substantial abatement” means continuous and consistent progress made by, or caused by, the property owner toward abatement of the conditions described in the abatement notice, which is commenced within the time for abatement stated in the notice and which is reasonably calculated to achieve full abatement in the near future.
8.70.030 Property owner duty to abate nuisance.
A. Every owner of real property within the city shall manage their property in a manner to avoid violation of this code. The property owner shall be liable for violations thereof regardless of any contract or agreement with any third party regarding the property.
When there are multiple property owners, the property owners shall have joint and several liability.
B. Every property owner in the city is required to conduct all activities in a manner to avoid violation of this code and to correct any nuisance condition.
C. It shall be the duty of every property owner to keep all parcels of land under the property owner’s possession or control, free of nuisance conditions.
8.70.040 Enforcement responsibility – Delegation of authority.
The city manager or their designee is charged with the responsibility for the enforcement of this chapter. All city employees with enforcement responsibilities are authorized to make such inspections and take any actions on behalf of the city manager as may be required to enforce the provisions of this chapter.
8.70.050 Nuisance defined.
The existence of any one or more of the following conditions or activities on any property is a public nuisance for the purposes of this chapter. In addition to the conditions and activities identified herein, any condition or activity defined as a public nuisance in the Marina Municipal 5 Code is a nuisance for the purpose of this chapter and may be abated pursuant to the provisions of this chapter.
A. Abandoned Building or Structure.
1. A building or structure which is not being inhabited, occupied or used and which is unsecured. For the purposes of this chapter, a building or structure is unsecured when the public can gain entry without the consent of the owner.
2. A partially constructed, reconstructed, burned, or demolished building or structure upon which work is abandoned. Work is deemed abandoned when there is no valid and current building or demolition permit or when there has not been any substantial work on the project for a period of six (6) months or more.
B. Attractive Nuisance. Property which is in an unsecured state so as to potentially constitute an attraction to children or other unauthorized persons, or so as to enable persons to resort thereto for the purpose of committing a nuisance or unlawful act.
C. A building or structure which is in a state of disrepair such that any one or more of the following conditions is found to exist thereon:
1. Exterior wall and/or roof coverings which have become deteriorated and do not provide adequate weather protection, resulting in termite infestation and/or dry rot.
2. Broken or missing windows or doors which constitute a hazardous condition or a potential attraction to trespassers.
3. Building exteriors, walls, fences, signs, retaining walls, driveways, walkways, sidewalks, or other structures on the property which are burned by at least 25% of the gross floor area, broken, deteriorated, or substantially defaced, to the extent that the disrepair is visible from any public right of way or visually impacts neighboring public or private property or presents an endangerment to public safety.
4. Occupied buildings whose doors or windows are boarded up or covered with tarps or similar opaque material, except as otherwise directed or approved by the city manager or designee.
5. Materials such as tarps or similar nonpermanent articles on roofs for more than 30 days, except as otherwise directed or approved by the city’s city manager or designee. 6 6. Unoccupied buildings which are unsecured.
7. Any violations of California Health & Safety Code § 17920.3 (Substandard building; conditions).
D. Property Inadequately Maintained.
1. Overgrown, diseased, dead, or decayed trees, weeds , vegetation, or dilapidated structures that:
a. Harbors rats, vermin, or other vectors for disease; or b. Substantially detract from the aesthetic and property values of neighboring properties; or
c. Obstruct public right-of-way or sidewalk or obscure the necessary view of drivers or pedestrians on public streets or private driveways; or d. Constitute a fire hazard or other condition that is dangerous to the public health, safety, or welfare.
2. Solid waste, which includes “garbage,” “refuse” and “rubbish” and all “solid waste” as additionally may be defined in this Code, constitutes blight and blighted property in the following situations:
a. The accumulation of solid waste is visible from a street or public right -of-way, is not enclosed in a city -approved container, and is present for more than seventy - two (72) consecutive hours; or
b. The accumulation of solid waste is being stored or disposed of in a manner that would allow the material to be transported by wind, into the ground or groundwater system, or otherwise onto or upon any public street, public right -of- way, or neighboring property, unless the method of storage or disposal is specifically allowed by this Code; or
c. Accumulation of garbage, litter, bins, boxes, construction debris, bags, dirt, used motor oil, or other debris; or
d. Broken or discarded furniture, household furnishings, appliances, equipment, or other items intended for inside use; or
7 e. Washers, dryers, refrigerators, freezers or other appliances or similar items on the property that is viewable from the public right-of-way; or f. Junk, trash, shopping carts, salvage materials, scrap metal, bottles, cans, wire, paint cans, or other debris kept on the property except recycling materials contained in an enclosed non habitable structure or appropriate container; or g. Fuel tanks, storage tanks or cylinders for any type of liquid, vapor, or gas, or other such containers which are not in an approved and enclosed structure, connected to a gas appliance or attached to a recreational vehicle, camper, or camping trailer; or
h. Attractive nuisances or any dangerous machinery or conditions including, but not limited to, abandoned, broken or neglected equipment, tools, and vehicle repair equipment; or
i. The storage of construction materials on a construction site for more than 30 days where there is no ongoing construction activity.
3. Any swimming pool, pond or other body of water which is abandoned, unattended, unfiltered, or not otherwise maintained, resulting in the water becoming polluted or becoming a breeding ground for mosquitos . Polluted water is defined for the purpose of this chapter, as water which contains organic growth, including algae, remains of rubbish, refuse, debris, papers, and any other foreign matter or materials, which, because of its nature or locations, constitutes an unhealthy or unsafe condition.
E. Any fire hazard as defined in California Code of Regulations Title 19, Division 1.
8.70.060 Unlawful nuisance on public property.
It shall be unlawful for any property owner to maintain or to allow to be maintained property for any purpose so as to create any of the following conditions on adjacent or contiguous public property:
A. The discarding of furniture, appliances, containers of used motor oil, car batteries, tires and other household waste upon a public street, right-of-way or other public property; B. The depositing or spilling of debris, including trash, paper, wood, plant cuttings and other vegetation onto the public right-of-way or other public property; F. The depositing of mud, dirt, sand, gravel, or concrete onto the public right-of-way; 8 G. The existence of any condition or use which unlawfully obstructs the free passage or use of any public right-of-way, street, or sidewalk; and
H. Newspaper and magazine racks, stands or boxes that are in disrepair with broken or missing doors, or broken glass, deteriorated exterior, or defaced with graffiti, or stickers.
8.70.070 Right of entry.
In the event that the property owner fails to consent to the City entering their property for the purposes of inspecting and/or abating a nuisance under this chapter, the City may obtain a warrant, to the extent legally required, from any court having jurisdiction if cause exists pursuant to Code of Civil Procedure Section 1822.52 to issue said warrants.
8.70.080 Declaration of public nuisance – Remedy by civil penalty or infraction citation A. Any property found to be maintained in violation of Section Sections 8.70.050 or
8.70.060 is hereby declared to be a public nuisance and may be abated pursuant to the procedures set forth in this chapter. The procedures for abatement set forth in this chapter shall not be exclusive and shall not in any manner limit or restrict the city from enforcing other city ordinances or abating public nuisances in any other manner provided by law including citations for infractions or civil penalties.
B. Property nuisances determined pursuant to this chapter may be remedied by an infraction citation as provided in Chapter 1.08 (Code Violations – Penalties) or by civil penalties as provided in Chapter 1.12 (Administrative Fines). Whenever civil penalty citations are used to remedy nuisances, the procedures of Section 1.12.050 shall apply. This includes the administrative hearing procedures in Section 1.12.090.
8.70.090 Notice to property owner of abatement of nuisance.
Whenever the city manager or their designee determines that property in the City is maintained as a nuisance as provided for in this chapter and that abatement of such nuisance is to be required, the city manager or their designee may:
A. Provide written notice to abate to the property owner in the manner and in the form provided in this chapter.
B. The notice shall state the proper street address of the subject property and should be served personally to the property owner or by certified mail, postage prepaid , return 9 receipt requested. Additionally, one copy of the notice shall be conspicuously posted on the property.
C. The notice shall advise the property owner of a reasonable time limit in which the property owner shall take corrective action to remedy the nuisance. In no event shall the property owner be given less than seven (7) days, and no more than 60 days to take corrective action, except where there is an immediate threat to public health or safety when shorter notice may be prescribed pursuant to Section 8.70.1 30. The property owner must commence the corrective action requested in the notice within 30 days of the date of the notice. The City may waive the time limits of this subsection if a natural disaster, such as, fire, flood o r earthquake interferes with the owner’s ability to complete the corrective action within the specified time, or the work to be performed is inherently of a nature which cannot reasonably be completed within the time limits.
D. The notice shall specify the section of law violated and state all the facts constituting the nuisance.
E. The notice shall specify the corrective action required, including temporary corrective action when appropriate, and inform the property owner of City programs if available.
The corrective action shall be such that it eliminates the adverse impact of the property on the neighborhood and /or eliminates the contribution of that property to the dilapidated or deteriorated appearance of the neighborhood as determined by the city manager or their designee.
F. The notice shall advise the property owner that failure to correct the violation may result in the City’s correcting the violation and collecting the charges by billing or by lien on the property.
G. The notice shall advise the property owner of the right to file an appeal within 15 working days if the owner seeks to challenge the charge that a nuisance exists. Appeals shall be conducted in the manner provided for appeal of administrative fines in Chapter 1.12.
H. The notice shall advise the owner they must either correct the violation or request an appeal in order to avoid City abatement and liability for cost of abatement.
I. The notice shall advise the owner that failure to appeal shall constitute waiver of the right to an administrative hearing to contest the charge of nuisance. 10 J. The notice shall indicate whether the city has elected to seek, as a part of abatement costs, reasonable attorneys' fees incurred in abating the nuisance. Such notice shall also state that if the city elects to seek reasonable attorneys' fees, the prevailing party may be entitled to seek reimbursement of reasonable and necessarily incurred attorneys' fees, provided any such fees awarded against the city shall not exceed the amount of reasonable attorneys' fees incurred by the city.
8.70.100 Appeal procedure--Administrative hearing.
The property owner may appeal the nuisance determination to the City by filing an appeal within 15 working days of the date of mailing of the notice to abate. The appeal shall identify the property and state the objections together with all material facts in support thereof. Nuisance determination appeals shall be conducted in the manner provided for appeal of administrative fines in in Chapter 1.12.
8.70.110 Abatement by city manager upon default of property owner.
If abatement of the nuisance has not been commenced and prosecuted to completion with due diligence as required by the written hearing decision, the city manager, or their designee, shall forthwith abate or cause to be abated the nuisance upon the premises and the abatement cost thereof shall be billed to the property owner. Payment of the abatement cost shall be due within 30 days of the mailing date . A property owner has the right to appeal the cost of abatement within 15 working days, in the manner provided for appeal of administrative fines in Chapter
1.12. The full payment of the abatement must be paid prior to the appeal hearing. If the costs are lowered after appeal, then the City shall refund those amounts within 30 days of the decision.
8.70.120 Hearing Officer’s decision final -- Judicial review.
The hearing officer’s decision shall be final and shall only be subject to judicial review in the manner provided for judicial review of administrative fines in Section 1.12.100 and the Code of Civil Procedure Sections 1094.5 and 1094.6.
8.70.130 Summary specific abatement – Imminent danger.
A. If the city manager or their designee determines that a ny nuisance constitutes an immediate threat of serious injury or harm to persons or property that is likely to occur during the pendency of abatement proceedings, such official may cause the condition to be summarily abated in accordance with the procedures set forth in this section. 11 1. Actions taken to specifically abate imminently dangerous property nuisances may include, but are not limited to, any specific abatement action determined by the city manager to be necessary.
2. Summary specific abatement actions taken by the city manager shall be fully documented prior to or contemporaneously with specific abatement. Documentation may include photographs or drawings of the condition, and a written statement by city staff, and/or other firsthand witnesses as to the circumstance, condition or occurrence constituting the nuisance.
3. Whenever the city manager determines that summary specific abatement is justified by an imminently dangerous condition, circumstance, or occurrence, the city manager shall, if practicable, give immediate written notice to the property owner and personal or written notice to the occupant of the premises as to the nuisance. If the property owner cannot be located or fails to take prompt appropriate action to abate the nuisance, the city manager may proceed to take abatement action authorized in this chapter to the extent necessary to remedy the immediate danger without further notice or right to a prior hearing.
4. No imminently dangerous building or property shall be abated by demolition unless the order is based on a competent declaration under penalty of perjury by the city manager or the building official, describing the specific conditions existing in the structure which justify the demolition.
5. Prior to any demolition as provided for in this chapter, the property owner may submit engineering or other information supporting preservation of the building rather than demolition. Such data or information shall be submitted to the city manager within five (5) working days after the declaration of substandard building is received by the property owner. The city manager shall have no duty to withhold demolition in an emergency situation.
6. Once summary specific abatement action has been completed, the property owner may appeal the need for abatement action, and/or the abatement cost, in the manner provided for appeal of administrative fines in Sections 1.12.090 and 1.12.100 , within 15 working days after service, by certified mail, postage prepaid, of the statement of abatement cost. No abatement cost shall be assessed against a property owner under this section if the city hearing officer makes a finding, based on the objections and 12 protests, that the property owner did not create, acquiesce in, or allow to continue the nuisance which created the need for summary specific abatement or was otherwise not at fault.
7. The procedures provided in this section shall not apply in the circumstances of a disaster event as described in Section 2.20.020.
B. Nothing in this chapter shall prevent public safety officials from taking any and all actions in emergency situations they deem necessary or appropriate in order to protect the public health, safety and general welfare.
8.70.140 Collection of abatement costs.
Upon completion of the abatement work and appeal proceedings related to the report of costs served, if the property owner does not pay the abatement costs within the specified time, the city manager or their designee may either:
A. Pursuant to and in accordance with Government Code § 38773.1, cause a lien to be charged against the parcel. Once payment in full is received by the city, the city shall provide the record owner with a notice of satisfaction so they may record the notice with the County Recorder. Recordation of the notice of satisfaction shall cancel the city's lien; or
B. Pursuant to and in accordance with Government Code § 38773.5(a), cause a copy of the report of costs to be transmitted, together with a copy of the final decision (if applicable) confirming the same, to the County Treasurer-Tax Collector, who shall add the amount of abatement costs, or unpaid portion thereof, to the next regular tax bill as a special assessment, for the municipal purposes, against such parcel. The amount of the assessment shall be collected at the time and in the manner as ordinary municipal taxes. If such assessment is delinquent, the amount shall be subject to the same interest and penalties and procedure of foreclosure and sale provided for ordinary municipal taxes and the property may be sold after three years by the County Treasurer -Tax Collector for unpaid delinquent assessments. Notice shall be provided, by certified mail, to the property owner and shall be given at the time of imposing the assessment and shall specify that the property may be sold after three years by the County Treasurer -Tax Collector for unpaid delinquent assessments.
13 SECTION 6. The City Manager is directed to execute all documents and to perform all other necessary acts to implement this Ordinance.
SECTION 7. Effective Date. This Ordinance shall be in full force and effect thirty (30) days after its final passage and adoption.
I HEREBY CERTIFY that the foregoing is a true and correct copy of an Ordinance introduced at a regular city council meeting held on April 16, 2024, and passed and adopted by the City Council of the City of Marina at a regular meeting duly held on May 7, 2024, by the following vote:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
ABSTAIN: COUNCIL MEMBERS:
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Bruce C. Delgado, Mayor
ATTEST:
______________________
Anita Sharp, Deputy City Clerk
14 ORDINANCE FINDINGS
General Plan Compliance
1) Consistency with General Plan Policy 2.3, paragraph 4: Housing and Neighborhoods.
Policies pertaining to the use of land for residential purposes are found in this section.
Here can be found the policies and recommendations for accommodating projected population growth, providing housing to meet the needs of all income levels and of residents with special needs, and protecting and enhancing the quality of neighborhoods.
Evidence: The addition of the proposed Public Nuisance Ordinance (PNO) will ensure that all property owners must keep a level of maintenance, which will protect the livability, appearance, and socioeconomic stability of the city as it grows.
2) Consistency with General Plan Policy 2.22: The General Plan’s housing and neighborhood policies and related programs have a dual function : to protect and enhance the quality of the City’s existing housing stock and neighborhoods; and to accommodate a fair and reasonable share of the region’s growth over the next 20 years.
The latter function should take place in a manner which responsibly addresses a full range of concerns, among which are: […] (3) concerns related to qualify of life, including community appearance and housing and neighborhood stability; and (4) socio - economic concerns related to affordability of housing, community diversity, a balance of housing with local jobs, and the maintenance of a sound fiscal base for the community. […]
Evidence: The addition of an PNO will protect the current and future neighborhoods from health and safety hazards and the impairment of property values which results from the neglect and deterioration of property.
Marina Municipal Code (MMC) Compliance
1) Consistency with MMC Chapter 8.22 (Parking and Storage of Vehicles, Boats and Parts in Residential Areas ), Finding and purpose: It is found and determined that the parking and storage of vehicles, motor vehicles, trailers and boats and the parts thereof within the front and side yards of premises in residential areas within the city creates a condition which detracts from the appearance of residential neighborhoods and reduces the value of private property, promotes blight and deterioration, creates fire hazards, constitutes an attractive nuisance which creates a hazard to the health and safety of minors, and is injurious to the health, safety and general welfare.
Evidence: The proposed ordinance will support this chapter that specifically addresses the blight and nuisance of parking and storage of vehicles in a way that detracts from the appearance of a residential neighborhood. The PNO expands the definition of blight and nuisance to include abandoned buildings or structure s, other attractive nuisance s on properties , buildings, or structure s in a state of disrepair, propert ies inadequately maintained, and fire hazard s. Further, the PNO also includes nuisance 15 conditions on public property such as dumping household items and obstructing the public right-of-way.
2) Consistency with MMC Chapter 12.28 (Graffiti): The existence of graffiti tends to encourage other acts of malicious vandalism and may breed community discontent leading to other forms of criminal activity. The council finds and determines the graffiti is obnoxious and a public nuisance and that unless it is removed expeditiously from public and private property, it tends to remain. Other properties then become the target of graffiti with the result that entire neighborhoods are affected, and the entire community depreciates in value and becomes a less desirable place to live.
Evidence: The proposed ordinance is consistent with this chapter’s definition of a nuisance condition. Therefore, the proposed ordinance will expand the tools to abate it. Therefore, both the Graffiti chapter and the proposed ordinance protect the livability, appearance, and soc ioeconomic stability of the city.
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