Marina City Council
May 19, 2026

5 EXHIBIT A-1

CITY OF MARINA

INVESTMENT REPORT
Quarter Ended March 31, 2026
Institution/Type of Investment Additional Identifiers CUSIP # Purchase
Date Maturity Rate (%) Face Value Market Value Cost Basis Unrealized
Gain/Loss
Cash
Petty Cash - - - 3,700$ 3,700$ 3,700$ - Chase Checking Account - - - 3,683,868 3,683,868 3,683,868 - Total Cash 3,687,568$ 3,687,568$ 3,687,568$ - Investments
Local Agency Investment Fund (LAIF)
Pooled money investment - - 3.88% $ 64,015,334 64,015,334$ 64,015,334$ -$ JP Morgan Investments
US Treasury Bill US Treasury Bill 912797TN7 01/21/26 07/16/26 3.57% 5,085,000$ 5,031,266$ 4,999,059$ 32,207 $ US Treasury Bill US Treasury Bill 912797UD7 03/19/26 03/18/27 3.59% 10,360,000$ 10,003,783$ 9,998,923$ 4,860 $ US Treasury Bill US Treasury Bill 912797RG4 08/08/25 08/06/26 3.85% 3,000,000$ 2,962,008$ 2,889,081$ 72,928 $ US Treasury Bill US Treasury Bill 912797SA6 10/14/25 10/01/26 3.51% 3,102,000$ 3,045,391$ 2,999,290$ 46,101 $ US Treasury Bill US Treasury Bill 91282CMH1 02/03/25 01/31/27 4.20% 5,000,000$ 5,015,430$ 4,992,383$ 23,047 $ US Treasury Bill US Treasury Bill 91282CLY5 12/20/24 11/30/26 4.26% 2,500,000$ 2,508,325$ 2,499,414$ 8,911 $ US Treasury Bill US Treasury Bill 91282CMB4 12/20/24 12/15/27 4.26% 2,500,000$ 2,506,738$ 2,489,370$ 17,368 $ Total JP Morgan Investments 31,547,000$ 31,072,942$ 30,867,520$ 205,422 $ Citizens Bank LPL
Cash - - - - 1.74% 1,694$ 1,694$ 1,694$ - $ US Treasury Bill US Treasury Bill 912797SA6 10/02/25 10/01/26 3.61% 5,554,000$ 5,452,501$ 5,362,016$ 90,484 $ US Treasury Bill US Treasury Bill 912797TV9 03/03/26 02/18/27 3.50% 5,435,000$ 5,262,618$ 5,255,947$ 6,671 $ US Agency Bond Federal Home Loan Banks 3133EWFR6 03/02/26 03/02/28 3.57% 5,250,000$ 5,211,812$ 5,250,005$ (38,193) $ Total Citizens Bank LPL 16,240,694$ 15,928,624$ 15,869,662$ 58,962 $ -
-
-
City of Marina

6 EXHIBIT A-1

CITY OF MARINA

INVESTMENT REPORT
Quarter Ended March 31, 2026
Institution/Type of Investment Additional Identifiers CUSIP # Purchase
Date Maturity Rate (%) Face Value Market Value Cost Basis Unrealized
Gain/Loss
Time Value Investments
Cash - Bank Deposits - - - - NA -$ -$ -$ - $ Money Market - - - - NA 118,811$ 118,811$ 118,811$ - $ Ally Bank Sandy Utah CTF Certificate of Deposit 02007QAC5 11/28/2025 11/27/2026 3.70% 240,000$ 239,678$ 240,000$ (322) $ American Comm Bank CTF Certificate of Deposit 02519TBQ8 2/24/2026 2/24/2028 3.60% 249,000$ 247,633$ 249,000$ (1,367) $ Anderson Bros Bank CTF Certificate of Deposit 033537CH2 2/27/2026 2/28/2028 3.65% 249,000$ 247,877$ 249,000$ (1,123) $ Austin Telco Federal Credit Certificate of Deposit 052392EY9 11/28/2025 11/27/2026 3.90% 249,000$ 248,988$ 249,000$ (12) $ BMW Bank of North America Certificate of Deposit 05612LFR8 8/15/2025 8/16/2027 3.85% 245,000$ 244,873$ 245,000$ (127) $ Bank of California Certificate of Deposit 05890QFD1 8/13/2025 8/13/2027 3.85% 245,000$ 244,848$ 245,000$ (152) $ Bank of America NA/Charlotte NC Certificate of Deposit 06051XS94 12/3/2025 12/3/2026 3.75% 240,000$ 239,755$ 240,000$ (245) $ Bank of Deerfield - Wisconsin Certificate of Deposit 061785GE5 10/16/2025 10/18/2027 3.50% 249,000$ 247,523$ 249,000$ (1,477) $ Cadence Bank Certificate of Deposit 12739UCS3 9/11/2025 1/11/2027 3.90% 245,000$ 245,002$ 245,000$ 2 $ Carson Bank Certificate of Deposit 14575YAE1 9/25/2025 9/27/2027 3.65% 245,000$ 244,152$ 245,000$ (848) $ Enterprise Bank and Trust Certificate of Deposit 29367SMM3 8/20/2025 2/22/2027 3.85% 249,000$ 248,955$ 249,000$ (45) $ First Bank of the Lake - Osage Beach Certificate of Deposit 31925YDP4 11/28/2025 11/27/2026 3.70% 249,000$ 248,666$ 249,000$ (334) $ First Commercial Bank Certificate of Deposit 31986HAJ4 8/15/2025 5/17/2027 3.85% 249,000$ 248,885$ 249,000$ (115) $ Goldman Sachs Bank - New York Certificate of Deposit 38151PBA8 10/21/2025 10/21/2027 3.65% 245,000$ 244,069$ 245,000$ (931) $ Hope Federal Credit Union Certificate of Deposit 43942MAQ5 8/21/2025 8/23/2027 3.85% 245,000$ 244,870$ 245,000$ (130) $ Institution for Savings - Newbury Port Certificate of Deposit 45780PDJ1 10/28/2025 10/28/2027 3.60% 249,000$ 247,875$ 249,000$ (1,125) $ Investar Bank Website Baton Rouge Certificate of Deposit 46091MDT8 12/5/2025 12/4/2026 3.65% 249,000$ 248,582$ 249,000$ (418) $ Kemba Gahanna Credit Union Certificate of Deposit 48836LCV2 10/23/2025 10/25/2027 3.65% 249,000$ 248,071$ 249,000$ (929) $ Luana SVGS Bank CTF Certificate of Deposit 549104U39 2/25/2026 2/25/2028 3.50% 245,000$ 243,209$ 245,000$ (1,791) $ M1 Bank Certificate of Deposit 55316CDT0 9/10/2025 9/10/2027 3.70% 245,000$ 244,253$ 245,000$ (747) $ Manufacturers & Traders CTF Certificate of Deposit 564759SZ2 3/31/2026 3/31/2028 3.90% 245,000$ 245,017$ 245,000$ 17$ Merrick Bank Certificate of Deposit 59013LDK7 9/17/2025 3/17/2027 3.75% 249,000$ 248,679$ 249,000$ (321) $ Morgan Stanley Bank Certificate of Deposit 61690D7H5 6/30/2025 6/30/2028 4.25% 244,000$ 245,715$ 244,000$ 1,715 $ Morgan Stanley Bank Certificate of Deposit 61776NTS2 6/30/2025 6/30/2028 4.25% 244,000$ 245,715$ 244,000$ 1,715 $ Pilgrim Bank - Pittsburg, Texas Certificate of Deposit 72143HAM1 10/22/2025 10/22/2027 3.55% 249,000$ 247,698$ 249,000$ (1,302) $ The Pioneer Savings Bank Cleveland Certificate of Deposit 72387JAU4 12/2/2025 12/2/2026 3.75% 249,000$ 248,746$ 249,000$ (254) $ Tompkins Community Bank CTF Certificate of Deposit 88990AAR5 2/27/2026 2/28/2028 3.65% 249,000$ 247,877$ 249,000$ (1,123) $ Toyota Financial Savings Bank Certificate of Deposit 89235MSU6 8/14/2025 8/16/2027 3.85% 245,000$ 244,873$ 245,000$ (127) $ Tucson Federal Credit Union Certificate of Deposit 898812AP7 7/11/2025 7/12/2027 4.00% 249,000$ 249,331$ 249,000$ 331$ United Bankers' Bank - Bloomington Certificate of Deposit 909557LY4 10/31/2025 10/29/2027 3.55% 249,000$ 247,730$ 249,000$ (1,270) $ Veridian Credit Union Certificate of Deposit 92348DAG4 7/18/2025 10/18/2027 4.00% 249,000$ 249,403$ 249,000$ 403$ Vibrant Credit Union Certificate of Deposit 92559TAT5 10/27/2025 10/27/2027 3.65% 249,000$ 248,066$ 249,000$ (934) $ Wells Fargo Bank CTF Certificate of Deposit 949764VB7 3/31/2026 3/31/2028 3.95% 249,000$ 249,256$ 249,000$ 256$ City of Marina

7 EXHIBIT A-1
Institution/Type of Investment Additional Identifiers CUSIP # Purchase
Date Maturity Rate (%) Face Value Market Value Cost Basis Unrealized
Gain/Loss
US Treasury Bill US Treasury Bill 912797SL2 10/9/2025 4/9/2026 3.70% 1,250,000$ 1,249,000$ 1,228,213$ 20,788$ US Treasury Bill US Treasury Bill 912797TS6 1/20/2026 5/19/2026 3.55% 2,500,000$ 2,487,875$ 2,471,625$ 16,250$ US Treasury Bill US Treasury Bill 91282CFZ9 11/12/2024 11/30/2027 4.15% 1,500,000$ 1,500,765$ 1,488,272$ 12,494$ US Treasury Bill US Treasury Bill 91282CGT2 12/15/2025 3/31/2028 3.40% 3,000,000$ 2,988,990$ 3,012,867$ (23,877)$ US Treasury Bill US Treasury Bill 91282CGT2 2/18/2026 3/31/2028 3.32% 1,100,000$ 1,095,963$ 1,106,408$ (10,445)$ US Treasury Bill US Treasury Bill 91282CHA2 3/31/2026 4/30/2028 3.88% 5,000,000$ 4,968,350$ 4,962,250$ 6,100$ US Treasury Bill US Treasury Bill 91282CJR3 1/13/2025 12/31/2028 4.43% 2,610,000$ 2,604,597$ 2,546,073$ 58,524$ US Treasury Bill US Treasury Bill 91282CMP3 3/31/2026 2/28/2027 3.70% 3,200,000$ 3,210,560$ 3,212,000$ (1,440)$ US Treasury Bill US Treasury Bill 912828YQ7 3/31/2026 10/31/2026 3.70% 5,000,000$ 4,938,200$ 4,940,650$ (2,450)$ US Treasury Bill US Treasury Bill 9128285M8 11/12/2024 11/15/2028 4.16% 1,500,000$ 1,473,750$ 1,443,222$ 30,528$ US Agency Bond Federal Home Loan Banks 3133ETGB7 5/30/2025 5/12/2027 4.00% 2,000,000$ 1,998,540$ 1,999,220$ (680)$ US Agency Bond Federal Home Loan Banks 3133ETVK0 9/9/2025 8/25/2026 3.60% 1,075,000$ 1,075,398$ 1,076,170$ (772)$ US Agency Bond Federal Home Loan Banks 3133ETW52 11/28/2025 1/19/2026 3.54% 1,500,000$ 1,498,380$ 1,500,788$ (2,408)$ US Agency Bond Federal Home Loan Banks 3133ET4Y0 1/21/2026 9/22/2028 3.55% 2,192,256$ 2,177,660$ 2,192,256$ (14,597)$ US Agency Bond Federal Home Loan Banks 3133ET5R4 1/21/2026 3/26/2027 3.50% 2,500,000$ 2,493,800$ 2,500,000$ (6,200)$ Municipal Bonds California State GO Bonds 13063EGT7 11/07/24 08/01/29 4.24% 4,000,000$ 4,070,520$ 4,031,856$ 38,664$ Municipal Bonds California State GO Const. Bonds 13063EHU3 11/10/25 09/01/30 3.77% 4,000,000$ 4,132,160$ 4,178,177$ (46,017)$ Total Time Value Investments 52,195,068$ 52,219,192$ 52,157,857$ 61,334$ Institution/Type of Investment Additional Identifiers CUSIP # Purchase Date Maturity Rate (%) Face Value Market Value Cost Basis Unrealized
Gain/Loss
Restricted Bond Reserve Accounts
US Bank
Money Market Abrams B Debt Service - - 3.30% 500,071$ 500,071$ 500,071$ - Money Market 2022 COPS - Transportation Improvements - - 3.12% 3,898,894$ 3,898,894$ 3,898,894$ - Total Bond Reserve Accounts 4,398,966$ 4,398,966$ 4,398,966$ - City of Marina

8 EXHIBIT A-2
To: Honorable Mayor and City Council Members
From: Roger Sattoof, Financial Analyst
RE: Investment Report for Fiduciary Funds: Successor Agency and the FORA Bond Reserve Account Quarter Ended March 31, 2026
Cash and Investment Summery:

Market Value
Cash 44,243$
Local Agency Investment Fund (LAIF) 4,935,572$
6,078,809$
Total 11,058,624$
44,243$ Cash not earning interest
Non interest earning cash as a percentage of total cash 0% 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)
Tori Hannah, Finance Director
Roger Sattoof, Financial Analyst
Restricted Money Market - Bond Proceeds/Bond
Fiduciary Funds
1 of 2
9 EXHIBIT A-2
City of Marina
Investment Report for Fiduciary Funds
Quarter Ended March 31, 2026
Successor Agency
Institution/Type of Investment Additional Identifiers/CUSIP# Purchase Date Maturity Rate (%) Face Value Market Value Cost Basis Unrealized
Gain /Loss
Cash
Checking Account Chase Bank - 0.00% 44,243$ 44,243$ 44,243$ - Investments
Local Agency Investment Fund (LAIF)

3.88% 4,935,572$ 4,935,572$ 4,935,572$ -
Restricted Bond Reserve Accounts
US Bank
Money Market 2018 Housing Tax Allocation Bonds Series A&B- - 3.32% 1,087,682$ 1,087,682$ 1,087,682$ - Money Market 2020 Housing Tax Allocation Bonds Series A&B- - 3.34% 975,033$ 975,033$ 975,033$ - Money Market 2023 Housing Tax Allocation Bonds Series A&B- - 3.14% 1,308,000$ 1,308,000$ 1,308,000$ - Total Bond Reserve Accounts 3,370,715$ 3,370,715$ 3,370,715$ - Total Successor Agency 8,350,530$ 8,350,530$ 8,350,530$ - FORA
Institution/Type of Investment Additional Identifiers/CUSIP# Purchase Date Maturity Rate (%) Face Value Market Value Cost Basis Unrealized
Gain/Loss
Restricted Bond Reserve Accounts
US Bank
Money Market 2020 Tax Allocation Bonds - - 3.12% 2,708,094$ 2,708,094$ 2,708,094$ - Total Cash and Investments 11,058,624$
Pooled money investment
Fiduciary Funds
2 of 2
10 EXHIBIT A-3
To: Honorable Mayor and City Council Members
From: Roger Sattoof, Financial Analyst
RE: Investment Report for Abrams and Preston Funds
Preston Park Sustainable Community Non-Profit Corporation & Abrams B Non-Profit Corporation Quarter Ended March 31, 2026
Cash and Investment Summery: Market Value
Cash 10,276,359$
Money Market 3,279,932
Total 13,556,291$
802,970$
6%
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)
Tori Hannah, Finance Director
Roger Sattoof, Financial Analyst
Non earning interest cash as a percentage of total cash Cash not earning interest
Preston and Abrams

11 EXHIBIT A-3

CITY OF MARINA

INVESTMENT REPORT
Quarter Ended March 31, 2026
Preston Park
Additional Identifiers
/CUSIP#
Purchase
Date Maturity Rate (%) Face Value Market Value Cost Basis Unrealized
Gain /Loss
Cash
Chase Bank
Checking Account Operations - - 1.72% 651,899$ 651,899$ 651,899$ - Checking Account Security Deposit - - 0.00% 583,076$ 583,076$ 583,076$ - Western Alliance Bank
High-Yield Checking Account Capital Reserve Account - - 2.90% 8,821,490$ 8,821,490$ 8,821,490$ - Total Cash 10,056,465$ 10,056,465$ 10,056,465$ - Investments
Western Alliance Bank
Money Market Capital Reserve Account - - 0.65% 250,138$ 250,138$ 250,138$ - Total Investments 250,138$ 250,138$ 250,138$ - Total Cash and Investments - Preston Park 10,306,603$ 10,306,603$ 10,306,603$ - Abrams Park
Additional Identifiers
/CUSIP#
Purchase
Date Maturity Rate (%) Face Value Market Value Cost Basis Unrealized
Gain /Loss
Cash
Western Alliance Bank
Checking Account Operations - - 0.00% 219,894$ 219,894$ 219,894$ - Total Cash 219,894$ 219,894$ 219,894$ - Investments
Western Alliance Bank
Money Market Trust - Securty Deposits - - 0.65% 278,401$ 278,401$ 278,401$ - Money Market Trust - Reserves - - 1.00% 2,751,393$ 2,751,393$ 2,751,393$ - Total Investments 3,029,794$ 3,029,794$ 3,029,794$ - Total Cash and Investments - Abrams Park 3,249,688$ 3,249,688$ 3,249,688$ - Total Cash and Investments 13,556,291$
Institution/Type of Investment
Institution/Type of Investment
Preston and Abrams

12 May 8, 2026 Item No. 10j(2)

Honorable Mayor and Members City Council Meeting
of the Marina City Council of May 19, 2026

Honorable Chairperson and Members Successor Agency Meeting of the Successor Agency to Marina Redevelopment Agency of May 19, 2026

Chair and Board Members of Corporation Meeting
Preston Park Sustainable Community Non-Profit Corporation of May 19, 2026

CITY COUNCIL OF THE CITY OF MARINA RECEIVE THE THIRD QUARTER BUDGET REPORT FOR FISCAL YEAR 2025-26 AND THE HDL CITY OF MARINA

SALES TAX UPDATE

REQUEST:

It is requested that the City Council and Boards:

1. Consider receiving the City of Marina Third Quarter Budget Report – Fiscal Year 2025- 26, which represents the quarter ended March 31, 2026.

2. Consider receiving the HdL City of Marina Sales Tax Update for the period from October – December 2025.

BACKGROUND:

In February 2025, the Finance Department introduced interim budget reporting to provide updates on the City’s fiscal condition and assist with financial planning. This included a Quarterly Budget Report and a City of Marina HdL Sales Tax Update. The Quarterly Budget Report provides information on the City’s General Fund, Municipal Airport Fund, FORA Dissolution Fund, and the Public Facilities Impact Fee Fund. The HdL report includes information on local and state sales tax performance; the top 25 sales tax producers in the City, and sales tax activity by business type.

ANALYSIS:

The City’s Third Quarter Budget Report and the most recent HdL Sales Tax Update are included in EXHIBITS A and B. The reporting intervals on the HdL report differ from the City’s records due to the City’s use of accrual accounting; however, the information is a good indicator of the current local economic environment and sales tax performance.

Detailed information can be found within each report.

FISCAL IMPACT:

There is no fiscal impact. This report is for informational purposes.

CONCLUSION:

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

__________________________
Tori Hannah
Finance Director
City of Marina

REVIEWED/CONCUR:

____________________________
Layne P. Long
City Manager
City of Marina

1 The following sections provide an overview of current revenues and expenditures for the General Fund, Airport Fund, and two key funds that relate to capital project allocations . These funds include the FORA Dissolution Fund and Public Impact Fees Fund.

When reviewing this report, it should be noted that there could be variances between the percentage of the year elapsed and the amount expended or received. This results from some revenues having uneven receipting patterns, and expenditures that may vary with the procurement of goods and services. The City continually monitors the budget on a regular basis. If any significant budgetary variances are identified, a budget amendment will be requested as part of the mid-cycle budget process; or through a separate budget amendment during the year.

An overview of each fund is presented in the subsequent sections.

General Fund Overview
General fund revenues and expenditures were $27.8 million and $40.0 million, respectively at the close of the third quarter. While expenditures exceeded revenues by approximately $12.2 million, this trend is consistent with the prior year. Factors that contribute to this temporary deficit include receipting patterns associated with property tax, sales tax, and transient occupancy tax ; and the transfer of $11.5 million in capital project funding that takes place at the beginning of the year. These capital improvements are funded through an appropriation of the unallocated General Fund balance, rather than supported through on-going revenues.

Revenues
The overall General Fund revenues are trending relatively consistent with the budget and prior year receipting trends. The chart below provides a comparative overview of the revenues received to date with prior year amounts, as well as a budgetary comparison. In the Fiscal Year 2025-26 Adopted Budget, it was projected that the combined General Fund revenues would be $38.5 million. Through the third quarter, the City has received $27.8 million or 72.1% the budgeted amount. This is approximately $1.2 million or 4.5% greater than the prior year.
$26.6
$27.8
$0 $10 $20 $30 $40
Fiscal Year 24/25
Fiscal Year 25/26
Millions
General Fund Revenues
(Through Third Quarter)
Remaining Budget
City of Marina
Third Quarter Budget Report – Fiscal Year 2025-26

EXHIBIT A
2 An overview of revenues by major categories is provided in the following table, with a brief narrative describing any key variances.

Prior Year Annual
Amended Qtr to Date % Received Qtr to Date Difference Revenues
Property tax 10,790,000$ 5,983,978$ 55.5% 5,391,797$ 592,181$ Sales tax 10,355,000 6,528,601 63.0% 6,142,193 386,408 Transient occupancy tax 6,490,000 3,948,509 60.8% 3,901,155 47,353 Other taxes 3,671,000 2,892,721 78.8% 2,372,650 520,071 - Subtotal Taxes 31,306,000$ 19,353,809$ 61.8% 17,807,796$ 1,546,014$ Licenses, permits, and fees 832,000 1,106,335 133.0% 682,622 423,713 Fines and penalties 83,000 62,153 74.9% 64,181 (2,028) Intergovernmental 488,500 338,565 69.3% 533,979 (195,414) Charges for services 1,420,654 1,285,123 90.5% 1,519,067 (233,944) Use of money and property 3,766,600 4,790,914 127.2% 5,122,354 (331,440) Other revenues 88,000 288,601 328.0% 207,656 80,946 Subtotal Operating 37,984,754$ 27,225,501$ 71.7% 25,937,655$ 1,287,846$ Non-Operating Revenes
Land Sales - - - - - Transfers 550,166 550,166 100.0% 633,337 (83,171) Total Revenues 38,534,920$ 27,775,667$ 72.1% 26,570,992$ 1,204,675$ Fiscal Year 25/26

Property Taxes
The City primarily receives property tax in April and December, with a minor payment in June. The revenues to date include a $259,952 payment for Fort Ord Reuse Authority (FORA) surplus property taxes.

Sales Tax
The City records sales tax in the period in which it is earned. Due to receipting patterns, the amount of the year elapsed is not reflective of the performance. The Fiscal Year 2025-26 revenues were $6.5 million at the end of third quarter. This is $386,408 greater than the prior year. The amount received in both fiscal years reflects the receipt of seven payments. The current year totals include three quarters of revenues from Trader Joe’s and Ross for Dress for Less, while the prior year includes only one quarter of receipts from these two new businesses.

Transient Occupancy Tax (TOT)
At the close of the third quarter, transient occupancy tax receipts were $4.0 million or 60.8% of the budget.

Due to timing of revenue accruals, there are only seven payments recorded in each fiscal year.

Other Tax
This revenue category includes business license, franchise, cardroom, and cannabis taxes. At the end of the third quarter, these revenues contributed $2.9 million to the General Fund, which represents 78.8% of their annual budgeted amount. The majority of the year-to-date receipts can be attributed to business license taxes that were paid in the first quarter, with other taxes and minor business license receipts contributing to the current and future periods. The annual difference is related to changing accrual patterns for business licenses.

EXHIBIT A
3 Licenses, Permits, and Fees
Revenues within this category were $1.1 million or 133.0% of the budgeted amount. This was also $423,713 greater than the prior year. The budgetary and annual variance can be largely attributed to an increase of $398,374 in residential construction permits and engineering permits.

Intergovernmental Revenues
This revenue category includes grant s, Supplemental Law Enforcement Services Fund (SLESF), and fire mutual reimbursements. This amount may vary annually based on the amount of grants awarded and the timing of grant expenditures; as well as the number of mutual aid calls.

Charges for Services
The Fiscal Year 2025-26 year-to-date revenues were $1.3 million or 90.5% of the annual budget; however this was $233,944 less than the prior year. This annual difference is primarily related to a reduction in engineering inspection fees ; and engineering and planning reimbursements funded through developer agreements. These revenues vary with development activities.

Use of Money and Property
Revenues were $ 4.8 million or 127.2% of the budgeted amount . This variance reflects greater than anticipated interest earnings. While there was a projected decline in interest rates, the Federal Reserve lowered interest rates a t a slower pace. This allowed the City to continue receiving higher investment returns. This gradual reduction primarily accounts for the $331,440 annual decline within this category.

Other Revenues
Revenues within this category are likely to vary with each year. In the first three quarters of Fiscal Year 2025- 26, Other Revenues exceeded the annual budget by $200,601. This includes one-time receipts of $34,733 from an opioid settlement, $65,600 for a utility easement at Glorya Jean Tate Park; $50,000 in in-lieu tree revenues; and $97,000 in insurance reimbursements
Expenditures
At the end of the third quarter, the City expended approximately $40.0 million or 77.6% of the budgeted amount. This includes $ 11.8 million in capital outlay expenditures and capital project transfers. The total amount of expenditures that are applicable to on-going operations was $28.2 million or 74.8% of the budgeted amount.

The chart below provides a comparative overview of the operating costs for the first three quarters of each fiscal year, as well as the Fiscal Year 2025-26 percentage of budgetary funds expended.

$25.3
$28.2
$0 $10 $20 $30 $40
Fiscal Year 24/25
Fiscal Year 25/26
Millions
General Fund Operating Expenditures
(Through Third Quarter - Excludes capital outlay and capital project transfers) Remaining Budget

EXHIBIT A
4 An overview of expenditures by department is provided in the following table, with a brief narrative describing any significant variances.

General Fund Expenditures Amended Qtr to Date % Received Prior Year
Qtr to Date
Annual
Difference
Departments
City Council 182,689$ 122,437$ 67.0% 40,299$ 82,138 City Manager 2,907,893 2,884,149 99.2% 1,632,638 1,251,511 HR/Risk Management 670,545 500,897 74.7% - 500,897 Information Technology 583,241 459,808 78.8% 182,240 277,568 Finance 1,201,758 794,011 66.1% 874,763 (80,752) City Attorney 824,000 776,928 94.3% 776,300 628 Police 10,727,741 7,337,578 68.4% 7,146,118 191,460 Fire 6,096,812 4,355,794 71.4% 4,396,959 (41,165) Public Works/Engineering 5,012,863 3,754,096 74.9% 3,085,080 669,016 Community Development 2,167,401 1,370,241 63.2% 1,404,157 (33,916) Economic Development 345,364 125,074 36.2% 101,061 24,013 Recreation & Culture 1,692,037 1,039,669 61.4% 1,102,861 (63,191) Citywide Non-Department 5,296,187 4,668,841 88.2% 4,557,650 111,191 Subtotal Operating 37,708,531$ 28,189,524$ 74.8% 25,300,126$ 2,889,398$ Non-Operating Expenditures
Capital Outlay 2,292,482$ 289,763$ 12.6% 825,486$ (535,723)$ Citywide Transfers Out 11,524,246 11,506,068 99.8% 3,408,768 8,097,300 Subtotal Non-Operating 13,816,728$ 11,795,831$ 85.4% 4,234,254$ 7,561,577$ - Total Expenditures 51,525,259$ 39,985,355$ 77.6% 29,534,380$ 10,450,975$ Fiscal Year 25/26

City Manager
The expenditures through the third quarter reached $2.9 million or 99.2% of the budgeted amount. This includes $2.2 million in groundwater stabilization litigation costs, which were in excess of the ir projected amount by approximately $690,000. At this same time last year, these specialized litigation costs were approximately $795,738, or $1. 4 million less than the current year . These increased costs, along with planned additional professional services; net of a reallocation of HR and Risk Management expenditures to a new department, contribute to the $1.3 million annual difference.

Human Resources/Risk Management
In Fiscal Year 2024-25, the costs associated with HR and Risk Management functions were included in the City Manager Department budget. In Fiscal Year 2025-26, a new department was established to support these expenditures. At the close of the third quarter, this department incurred $500,897 in expenditures, which represented 74.7% of the budget amount.

Information Technology
Operating expenditures through the third quarter were $459,808 or 78.8% of the budgeted amount. The annual increase of $277,568 can be primarily attributed to unique one-time costs of $168,933, with most of these expenditures subject to reimbursement.

EXHIBIT A
5 Police Department
The Police Department expenditures were $7.3 million, which is just below the percentage of the year that has elapsed. The annual increase of $191,460 includes $160,300 in additional salary and benefit costs due to increased staffing levels; and $31,160 in various other expenditures.

Public Works/Engineering
The Public Works /Engineering department expenditures were $3.8 million or 74.9% of the budgeted amount. The annual difference of $669,016 can primarily be attributed to a $221,000 increase in salary and benefit costs associated with fill ing vacant positions in the public works and engineering functions; a $289,016 in additional facility maintenance, small tools and equipment, and $159,000 in rising utility costs.

Citywide Non-Department
The Citywide non -department costs were $4.7 million at the end of the third quarter, which represents

88.2% of the annual budget . This was also $111,191 greater than the prior year. Costs within this department include annual property, workers compensation, and liability insurance premiums ; and the PERS unfunded liability which are typically paid in the first half of the fiscal year. The annual net difference primarily reflects a $355,047 increase in the PERS unfunded liability payment, net of a reduction in claims , judgement, and damages expenditures; as well as other costs.

Other Funds
Municipal Airport
In Fiscal Year 2025-26, the Airport budget projected $2.5 million in revenues. During the first three quarters of the fiscal year, $1.8 million or 69.9% of the budgeted revenues were received. While the revenues were $31,886 less than the prior year, the Fiscal Year 2024-25 revenues included a $81,898 interfund transfer. If this one-time transfer is excluded, the year-to-date increase in on-going revenues would be $50,012.

The expenditures through the third quarter were $801,357 or 47.0% of the annual budget. This budgetary difference reflects salary savings from the partially vacant Assistant City Manager position, reductions in fuel expenditures, and spending patterns that may not align with the percentage of the year elapsed. In Fiscal Year 2024-25, the expenditures through the third quarter included non-operating and capital transfers of $279,940. This expenditure, net of an i ncrease in various operational costs, contributes to the difference between the two fiscal years.

$1.0
$0.8
$1.8
$1.8
$0.0 $0.5 $1.0 $1.5 $2.0 $2.5 $3.0
FY 24/25 Expenses
FY 25/26 Expenses
FY 24/25 Revenues
FY 25/26 Revenues
Millions
Airport Revenues and Expenditures
(Through Third Quarter)
Remaining Budget

EXHIBIT A
6 FORA Dissolution Fund
The FORA Dissolution Fund includes bond proceeds and on-going development fees for residential and commercial projects within the former Fort Ord area. Funds can only be spent on blight removal, capital projects, or habitat management in the stated FORA boundaries.

As part of the Fiscal Year 2025-26 budget, the City conservatively projected revenue receipts of $2.0 million.

In the first three quarters of the fiscal year, development activities were strong. The FORA revenues of $3.5 million exceeded the annual budget amount by $1.5 million. These receipts included $3.3 million in FORA fees and $157,793 in interest earnings. In Fiscal Year 2024-25, the FORA Fund received $7.8 million, which included a one-time receipt of $4.4 million for development-related fees that were held in escrow . The comparative prior year on-going revenues included approximately $2.5 million in FORA fees and $918,059 in interest earnings. The interest earnings in Fiscal Year 2025-26, will continue to be less than the prior year due to a significant transfer of the unallocated fund balance to support capital improvements.

The expenditures within this fund reflect capital transfers, as well as capital projects and habit management activities. The Fiscal Year 2 025-26 expenditures include a $20.7 million contribution towards the construction of a new $41.7 million Aquatic and Sports Center.

Public Impact Fees
The City receives public impact fees from new developments. The related receipts can only be spent on capital projects or purchases that align with the impact from the new growth.

Through the third quarter of the fiscal year, development activities were strong. This resulted in the receipt of $6.1 million in revenues or 150.1% of the budgeted amount. This included approximately $4.6 million in development impact fees , $686,701 in interest earnings ; and an $800,000 transfer related to a project reconciliation. This can be contrasted with the prior year, which included approximately $3.1 million in development impact fees and $671,113 in interest earnings.

Development impact fees vary with construction activity over different periods of time. Over the last five years, the annual impact fees have averaged $5.9 million. In Fiscal Year 2024 -25, the annual impact fee revenues were $4.4 million. Based on current performance, it is anticipated that the Fiscal Year 2025-26 impact fee receipts may meet or exceed the five-year average.

$4.3
$20.7
$7.8
$3.5
$0.0 $5.0 $10.0 $15.0 $20.0 $25.0
FY 24/25 Expenditures
FY 25/26 Expenditures
FY 24/25 Revenues
FY 25/26 Revenues
Millions
FORA Revenues and Expenditures
(Through Third Quarter)
Remaining Budget
$8.0

EXHIBIT A
7 The expenditures within this fund reflect transfers to the capital improvement fund. The Fiscal Year 2025-26 transfers included funding for approximately $3.2 million in park-related projects and $500,000 for street intersection improvements.

An overview of the annual and comparative budgets is provided in the following table.

Annual
Amended
Quarter to
Date
%
Received
Quarter to
Date Difference
Revenues
Interest Income 450,000$ 686,701$ 152.6% 671,113$ 15,588$ Intersections Fee 406,000 531,420 130.9% 351,613 179,807 Roadways Fee 827,000 1,599,541 193.4% 1,005,479 594,062 Public Safety Fee 123,000 258,912 210.5% 126,211 132,701 Public Building Fee 387,000 583,216 150.7% 454,190 129,026 Parks Fee 1,086,000 1,661,312 153.0% 1,180,982 480,330 Transfers In-Parks Fee 800,000 800,000 100.0% - 800,000 Total Revenues 4,079,000$ 6,121,102$ 150.1% 3,789,589$ 2,331,513$ Expenditures
Capital Transfers 3,680,530$ 3,680,530$ 100.0% 5,000,000$ (1,319,470)$ Total expenditures 3,680,530 3,680,530 100.00% 5,000,000 (1,319,470)- Net operating difference 398,470$ 2,440,572$ 612.49% (1,210,411) $ (3,650,983)$ Fiscal Year 25/26

EXHIBIT A
8 www.hdlcompanies.com | 888.861.0220
Q4 2024*
Q4 2025*
Legend
$0
$50,000
$100,000
$150,000
$200,000
$250,000
$300,000
$350,000
$400,000
SALES TAX BY MAJOR BUSINESS GROUP*Allocation aberrations have been adjusted to reflect sales activity General
Consumer
Goods
County
and State
Pools
Restaurants
and
Hotels
Food
and
Drugs
Fuel and
Service
Stations
Building
and
Construction
Autos
and
Transportation
Business
and
Industry
TOP 25 PRODUCERSCITY OF MARINA HIGHLIGHTS
Published by HdL Companies in Spring 2026
7 Eleven
Best Buy
Brass Tap
Catalyst
Chipotle
Five Below
Grocery Outlet
Jack in the Box
Kohls
Las Animas Concrete
Marina
Luckys
Marina Chevron
Marina Fast Fill Market
McDonald’s
Michaels Arts & Crafts
Old Navy
REI
Ross
Sanctuary Beach Resort
Shell
Stiizy
Taco Bell
Target
Trader Joe’s
Walmart Supercenter

SALES TAX UPDATE

CITY OF MARINA
4Q 2025 (OCTOBER - DECEMBER)
Marina’s receipts from October through
December were 8.6% above the fourth
sales period in 2024. Excluding reporting
issues, including late payments, total
receipts for the period were up 2.8%.

The growth this period came from
the change in the use tax pool which
grew nearly 9%. This came from higher
demand for supplies and equipment
needed to complete several building and
infrastructure projects.

Total tax receipts from local retail and
industry were 0.2% lower this period.

Construction was the one group which
showed resilience this quarter as it
turned in its 4th straight period of
growth. Fortunately for the rest of the
retailers any loss of sales tended to be
minor.

Measure N saw the same 0.2% drop
in receipts despite having the volume
of new cars purchased by residents
increase by 6% and taxes generated from
e-commerce rising 11%. B-T-B sales of
supplies and equipment were down this
period, however.

Net of aberrations, taxable sales for all
of Monterey County grew 0.9% over the
comparable period while those of the
Central Coast region were flat.

TOTAL:
-0.2%
$1,996,597
Measure N
TOTAL: $ 910,653

2.8% 0.9% 1.1%

COUNTY STATE
MARINA
4Q2025

EXHIBIT B
9 TOP NON-CONFIDENTIAL BUSINESS TYPES
Q4 '25
Marina
Business Type Change Change Change
County HdL State
-2.1%-4.2%-2.4% 68,432 Service Stations

2.3%0.1%8.2% 50,862 Casual Dining

0.1%1.5%1.5% 49,907 Quick-Service Restaurants

6.5%3.5%-13.5% 35,892 Family Apparel
-0.8%-0.7%13.8% 34,853 Contractors

0.7%-1.6%-5.4% 34,347 Grocery Stores

0.7%12.9%1.0% 24,424 Fast-Casual Restaurants
-2.2%-3.3%-11.2% 12,834 Convenience Stores/Liquor
-0.7%4.8%59.8% 6,584 Leisure/Entertainment
-6.1%38.5%-1.6% 5,415 Light Industrial/Printers
*Allocation aberrations have been adjusted to reflect sales activity

REVENUE BY BUSINESS GROUP
Marina This Calendar Year*
3%
Others
17%
Pools
17%
Restaurants
5%
Building
38%
Cons.Goods
10%
Food/Drug
10%
Fuel
*ADJUSTED FOR

ECONOMIC DATA
SALES TAX UPDATECITY OF MARINA4Q 2025

STATEWIDE RESULTS
California’s local one cent sales and use tax
receipts posted moderate growth during the
fourth quarter, reflecting resilient consumer
behavior despite persistent economic
headwinds. For the months of October
through December, revenues increased 1.2%
from the year ago quarter after adjusting
for accounting anomalies. This performance
capped an overall improvement for calendar
year 2025 of 1.2%, marking a welcomed
annual increase after two consecutive years
of decline.

Consumer spending patterns during the
holiday season played a central role in the
fourth-quarter results. Fulfillment centers and
countywide use tax pools generated strong
returns, driven by sustained demand for
online shopping as cost-conscious consumers
prioritized convenience and price comparison.

This e-commerce momentum persisted
throughout the 2025 year. Traditional brick-
and-mortar retailers, particularly apparel and
jewelry stores, also realized modest seasonal
gains, benefiting from holiday purchasing
activity.

Restaurant sales taxes rose again, although
operators reported continual pressure
from rising costs that influenced customer
behavior. Diners reduced visit frequency
and alcohol purchases, reflecting heightened
price sensitivity. While upcoming national
and global sporting events in California could
support localized growth, broader restaurant
sector expansion is expected to remain
constrained and concentrated primarily in
tourism-heavy and event-focused regions.

Energy-related initiatives produced solid
returns; however, revenue allocation
mechanisms shifted, with proceeds previously
reported directly to local agencies now
distributed through county pools during the
current period.

In contrast, the autos-transportation and
building-construction sectors remained
subdued. Elevated interest rates, seasonal
purchasing patterns, and winter weather limited
activity, particularly in high-value purchases
such as vehicles and home improvement
projects. Contractors in roofing and concrete
experienced reduced productivity, reinforcing
expectations of continued stagnation in these
industries. With minimal interest rate relief
projected for 2026, significant near-term
recovery remains unlikely.

Looking ahead, emerging global risks present
growing uncertainty. While not reflected
in current results, escalating tensions in
the Middle East have driven West Texas
Intermediate crude oil prices above $100 per
barrel, translating into sharply higher gasoline
prices exceeding $6 per gallon locally. Refinery
closures across Northern and Southern
California further amplify supply pressures.

Prolonged energy price volatility could force
consumers to redirect spending toward fuel
costs, reducing discretionary expenditures in
other sectors.

Prior to these developments, short-term
economic expectations were cautiously
optimistic. However, renewed inflationary
pressure has led the Federal Reserve to delay
anticipated interest rate reductions, limiting
consumer flexibility. Stubbornly high fuel
prices may also dampen travel and tourism
through summer, leaving little room for broad-
based sales tax growth in the year.

EXHIBIT B
10 May 12, 2026 Item No. 10j(3)

Honorable Mayor and Members City Council Meeting
of the Marina City Council of May 19, 2026

Chair and Board Members of Abrams B NPC Meeting
Abrams B Non-Profit Corporation (NPC) of May 19, 2026

Chair and Board Members of Preston Park SCNPC Meeting
Preston Park Sustainable Community Non-Profit Corporation (SCNPC) of May 19, 2026

CITY COUNCIL OF THE CITY OF MARINA; AND THE BOARD MEMBERS OF

THE ABRAMS B NON -PROFIT CORPORATION AND THE PRESTON PARK

SUSTAINABLE COMMUNITY NON -PROFIT CORPORATION RECEIVE THE

ABRAMS PARK AND PRESTON PARK THIRD QUARTER INFORMATIONAL REPORT FOR FISCAL YEAR 2025-26

REQUEST:

It is requested that the City Council and Boards:

1. Consider receiving the Abrams Park and Preston Park Third Quarter Informational Report for Fiscal Year 2025-26, which represents the quarter ended March 31, 2026.

BACKGROUND:

The attached report represents the Third Quarter Information Report for both housing units.

This report may be modified based on feedback from the City Council and Board Members .

Additional enhancements may be implemented once the new Assistant City Manager becomes more familiar with the properties.

ANALYSIS:

The attached report presents the activities of the Abrams Park and Preston Park housing units through the third quarter (EXHIBIT A).

Detailed information can be found in the attached report.

FISCAL IMPACT:

There is no fiscal impact. This report is for informational purposes.

CONCLUSION:

This report is submitted for City Council and Board Member consideration and possible action.

Respectfully Submitted, REVIEWED/CONCUR:

______________________ _____________________
Tori Hannah Layne Long
Finance Director City Manager
City of Marina City of Marina

CITY OF MARINA – PRESTON PARK / ABRAMS PARK

Third Quarter Informational Report: Fiscal Year 2025-26

1. Occupancy Overview
Occupancy & Leasing
The lease and occupancy rates provide details on the percentage of units within each property that are occupied and those that have active lease agreements. These amounts may vary based on the timing of make-ready improvements and the signing of new lease agreements.

Overall: Portfolio achieved an overall high quarterly occupancy with 99.8% leased and 0.2% availability.

2. Renovation & Unit Status
Status Abrams Preston Notes
Units on Hold for Renovations 2 1 Units renovated during the quarter.

Fire Damaged Units - 3
Units down due to 10/28/25 fire. The insurance
claim, final scope, and contract were in progress
at quarter end.

EXHIBIT A

CITY OF MARINA – PRESTON PARK / ABRAMS PARK

3. Risk Management, Administrative, and Legal Activities • The following table represents the number of actions taken by Greystar to prevent rental revenue loss.

Property Initiated In Process Resolved/Completed
Abrams - - 1
Preston - - -
• Greystar has i mplemented a requirement for all new tenants to purchase renter’s insurance. A draft letter to initiate this same requirement for in- place tenants was provided to the City Manager. A suggested revision to the letter is pending review.

• Nationwide Insurance estimated that the rental loss from the three fire-damaged units at Preston Park is $79,809. Greystar and City staff agree that this estimate represents the estimated loss and offsetting expenses through October 30, 2026. These payments commenced in the third quarter.

Nationwide initially estimated the building repairs at $ 523,000; however, the construction bids came in at just over $1.1 million due to prevailing wage and other factors . This information was submitted to Nationwide for further review and approval; however, they provided w ritten confirmation that they will provide reimbursements at the higher amount. Greystar has selected a contractor and is in the final stages of the permitting process.

4. Preventive Maintenance (PM) & Inspections
PM Projects (FY 25/26 – Ongoing all quarter)

• Tree trimming (completed)
• Roof preventative planned maintenance (completed)
• Termite inspections (pending in Q4)
• Dryer vent cleaning (pending in Q4)
• Gutter cleaning (completed)

Unit-by-Unit Inspections

• Abrams Park: 2026 cycle began March 1 2026 and is targeted for completion by end of June. • Preston Park: 2026 cycle began March 1 2026 and is targeted for completion by end of June.

SB721 Balcony Inspections

• Completed for Abrams Park through 2029; no issues (all months) •

EXHIBIT A

CITY OF MARINA – PRESTON PARK / ABRAMS PARK

5. Capital Projects
Completed
• Abrams Park Exterior Painting – Completed by October 2025 • Concrete Walkways & Driveways – Completed by December 2025 In Progress
• HVAC replacements (ongoing)
• Irrigation Valve & routine irrigation repairs and replacements (ongoing) • Abrams Park Project Capital Needs Assessment (PCNA) Subpanel Replacement Project - This new project was approved by the City. Bids have been collected, and permits are now pending.

6. Fiscal Information
Abrams Park
The year-to-date operating revenues for Abrams Park were $3.0 million, which represents 73.9% of the budgeted amount. This was $33,334 or 1.1 % greater than the prior year. These revenues are trending just below the percentage of the year that elapsed due to unanticipated vacancies during the period. A one-time transfer from capital reserves of $316,737 was also initiated in the third quarter. The remaining $755,855 in reserve transfers is anticipated to occur prior to year end and align with capital improvement costs. In Fiscal Year 2025-26, overall expenses were $3.4 million or 78.2% of the annual budgeted amount. The annual increase in expenses of approximately $686,126 can largely be attributed to $507,750 in additional capital/renovation projects; planned insurance increases of $80,735; and $97,641 in additional costs, including m ake ready/decorating expenditures associated with unit turnovers.

$2.7
$3.4
$3.2
$3.3
$0.0 $1.0 $2.0 $3.0 $4.0 $5.0 $6.0
FY 24/25 Expenses
FY 25/26 Expenses
FY 24/25 Revenues
FY 25/26 Revenues
Millions
Abrams Park Revenues and Expenditures
(Through Third Quarter)
Remaining Budget

EXHIBIT A

CITY OF MARINA – PRESTON PARK / ABRAMS PARK

Preston Park
The year-to-date revenues for Preston Park were $6.5 million or 75.6% of the budgeted amount. Rental income increased by approximately $203,430 or 3.5% when compared to the prior year; however, this was offset by a $22,577 reduction in investment earnings due to lower interest rates. In Fiscal Year 2025-26, overall expenses were $4.9 million or 71.3% of the annual budgeted amount. This included a $1.5 million ownership distribution to the City, which is on par with the prior year. The annual increase in expenses of approximately $242,265 or

5.2% can largely be attributed to $ 334,532 in additional capital/renovation projects; $69,763 in increased operating expenses, net of debt service refinancing costs that may be adjusted as part of the year-end merger of the City and Greystar accounting records.

6. Community Engagement
Community engagement momentum continues with seasonal events and strong participation.

Events Held
• October 31: Halloween treats at Leasing Office
• December 5: Toys for Tots Toy Drive with Coffee and Pastries at the Community Center Upcoming
• April 30: Coffee and Donuts in our Office.
• May 8: Free Plant Pickup, donations courtesy of Colorscapes. • June 15: Spring Cleaning, free Curbside pick-up/hauling event. $4.6
$4.9
$6.3
$6.5
$0.0 $2.0 $4.0 $6.0 $8.0 $10.0
FY 24/25 Expenses
FY 25/26 Expenses
FY 24/25 Revenues
FY 25/26 Revenues
Millions
Preston Park Revenues and Expenses
(Through Third Quarter)
Remaining Budget

EXHIBIT A
M

ST HIGHLIGHTS
Board of Directors Meeting
May 11, 2026

RECOGNIZED MAY MST EMPLOYEE OF THE MONTH
The MST Board adopted Resolution 2026-17 recognizing Greg Burchell, Operations Supervisor as Employee of the Month for May 2026 and for his outstanding contribution to MST and the entire community.

ADOPTED MOBILITY ADVIOSRY COMMIITTEE SB707 TELECONFERENCE

EXEMPTION
The MST Board adopted Resolution 2026-18 making findings pursuant to Senate Bill 707 authorizing the Mobility Advisory Committee (MAC) to pursue remote participation.

ADOPTED FREE FARE DAY ON JUNE 2, 2026
The MST Board of Directors adopted a free fare day on June 2, 2026 for the Statewide Direct Primary Election Day to ensure equitable access to polling locations per a request by Monterey County Elections.

RECEIVED UPDATE ON THE STATUS OF MST VACANT BUDGETED POSTIONS The MST Board received an update on the status of vacant budgeted positions at the Monterey-Salinas Transit District, conducted a public hearing to receive Union comments on open positions within their bargaining units. The ATU Local 1225 president praised the collaborative working relationship between MST and the ATU.

RECEIVED UPDATE ON PROPOSED MST OPEPRATIONS AND MAINTENANCE FACILITY AT 139 SUN STREET
The MST Board received a presentation on planning and design of the proposed MST Operations and Maintenance Facility at 139 Sun Street, Salinas

ADHOC NOMINATING COMMITTEE
The Adhoc Nominating Committee in-person meeting convened following the adjournment of the regular board meeting.

NEXT MST BOARD MEETING
The next regular MST Board meeting is scheduled for June 8, 2026.

Agenda Item: 10j(4)
ORDINANCE NO. 2026-05

AN ORDINANCE AMENDING THE MARINA MUNICIPAL CODE
(MMC), CHAPTER 17, ARTICLE 4, BY AMENDING SECTION 17.42.170 SHORT-TERM RENTALS. THE PROPOSED ORDINANCE IS EXEMPT

FROM ENVIRONMENTAL REVIEW PURSUANT TO SECTION
15061(b)(3) OF THE CEQA GUIDELINES.
-oOo-
THE CITY COUNCIL OF THE CITY OF MARINA DOES HEREBY ORDAIN AS FOLLOWS:

1. On November 5, 2019, the City Council of the City of Marina (City) adopted Ordinance 2019-02 amending to the Zoning Ordinance to include 17.42.170 entitled “Short-term rentals” which establishes a permitting process and appropriate standards for whole dwelling units or portions of the same for a period of 29 consecutive days or less, along with associated regulations to mitigate negative impacts.

2. On August 6, 2025, the City Council initiated a discussion on strengthening the City’s Short-Term Rental Program to better protect neighborhood integrity and directed Community Development Dept. (CDD) to identify ordinance amendments that would improve the effectiveness of the program.

3. On October 23, 2025, the Marina Planning Commission held a public hearing at which staff presented and received input from the Commission on the proposed amendments to Title 17, Article 4, by amending Section 17.42.170 Short-term rentals.

4. On December 18, 2025, the Marina Planning Commission held a public hearing at which staff presented a study session for short-term rentals and received input from the Commission on the proposed amendments.

5. On February 12, 2026, the Planning Commission held a public hearing and recommended approval of the draft Ordinance with changes that have been incorporated below.

6. The proposed amendments include:
a. Clarifying acceptable forms of documentation demonstrating that a property owner resides at the property to verify “Primary Residence”;
b. Defining “Advertising” to include all forms of representation, such as signage, print media, digital communications, and mobile applications, and prohibiting the advertising of unpermitted short-term rental units;
c. Establishing parking requirements consistent with the capacity of the property; Agenda Item: 10L(1)
City Council Meeting of
May 19, 2026
1 d. Clarifying permit application requirements to ensure that plot plans and floor plans are submitted in a timely manner and that permit numbers are displayed on all short- term rental listing platforms;
e. Implementing the requirements of Senate Bill SB 346 by requiring short-term rental facilitators to submit quarterly reporting information, including local license and tax certification numbers on listings, and to comply with City enforcement measures; f. Establishing enforcement provisions to hold owners, agents, property managers, and other responsible parties accountable for violations, including the issuance of daily infractions and escalating civil penalties;
g. Establishing a two-year period of ineligibility for short-term rental operations if a permit holder is found to be in violation of the ordinance; h. Establishing a 55-foot separation requirement for new short-term rental permits, measured from parcel boundaries, with implementation for existing permit holders beginning June 30, 2027;
i. Requiring the preparation of a nuisance response plan and the installation of decibel monitoring devices to address noise and neighborhood compatibility concerns; and j. Requiring review of the short-term rental program three years after adoption, including a staff evaluation and report to the Planning Commission to assess effectiveness and consider potential amendments.

7. The proposed amendments to Chapter 17 of the MMC are consistent with Section 17.72 (Amendments) in that the amendments are consistent with public necessity and convenience and the general welfare requires such amendments.

8. Environmental. The proposed Ordinance amendments are not subject to environmental review pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Article 5, Section 15061(b)(3) because the proposed procedural changes would not result in a direct or a 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 potential for causing significant effect on the environment. Therefore, the adoption of this ordinance is exempt from CEQA, and no further environmental review is necessary.

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

10. 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.
2 11. Posting of Ordinance. Within fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause it to be posted in the three (3) public places designated by resolution of the City Council.

The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Marina duly held on May 5, 2026, and was passed and adopted at a regular meeting duly held on May 19, 2026, 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
(New text is indicated with underlining, and deleted text is indicated with strikethrough , items added by the City Council on April 21, 2026 are identified in red) …
Chapter 17.42.170

SHORT-TERM RENTALS
Sections:
…

17.42.170 Short-term rentals.
…

17.42.170 Short-term rentals.

A. Purpose. The purpose of this section is to establish a permitting process and appropriate standards for the short-term rental of a whole dwelling unit, or portion of the same, for a period of twenty-nine consecutive days or less.

B. Definitions. For the purposes of this section, the following definitions shall apply:

1. “Hosting platform” means a marketplace in whatever form or format which facilitates home- sharing or vacation rental, through advertising or other means, using any medium of facilitation, and from which the operator of the housing platform derives revenues, including booking fees or advertising revenues, from providing or maintaining the marketplace.

2. “Primary residence” means an owner’s permanent residence or usual place of return for housing as documented by evidence of a Monterey County Assessor’s Homeowners Exemption and at least two forms of identification in the owner's name: motor vehicle registration, driver's license, state and federal tax returns, a bank account statement, voter registration, or a utility bill from within the past sixty (60) days. An owner may only have one (1) primary residence at any given time. A primary residence is a “one-family may be a duplex or dwelling” as defined in Section 17.04.260, 17.04.265, 17.04.270, 17.04.280, or 17.04.290.

3. “Registry” or “city registry” is the list of STR permits issued in a calendar year. The city shall bear responsibility for keeping the registry up to date with current permits.

4. “STR guest(s)” or “guest(s)” means any person or group of persons staying at an STR for no more than twenty-nine consecutive days.

5. “STR owner” or “owner” means the person, or persons, individually, jointly, in common, or a living trust whereby the trustor and trustee are the same person whereby such property is under single or unified control holding fee title which rents a dwelling operated and used as an STR.

6. “Short-term rental” or “STR” means a primary residence, or any portion thereof, rented for occupancy for lodging or sleeping purposes for a period of twenty-nine consecutive days or less.

7. “Transient occupancy tax” or “TOT” means local transient tax as set forth in Chapter 3.12.

The tax is paid by the guest when paying for their rental. The collected TOT is then remitted to the city.
4 8. “Advertising” means signs, circulars, cards, telephone books, newspapers, magazines, posters, email, mobile applications, television, radio, or any other representation implying or stating the property is available for short-term rental use.

C. Short-Term Rental Requirements and Conditions.

1. Compliance with Applicable Laws. The owner must comply with all applicable laws, rules, and regulations pertaining to the use and occupancy of the STR.

2. Short-Term Rental Permit Required. A permit from the city (hereinafter referred to as an “STR permit”) is required for all STRs. No person shall rent, offer to rent, or advertise for rent any STR for a term shorter than twenty-nine consecutive days. without a valid STR permit, which may be issued by the city in the manner provided for by this section.

3. Validity Period. An STR permit shall expire on June 30th of each calendar year and may be renewed upon reissuance of a business license and proof of timely payment of transient occupancy tax (TOT) during the time period of operation of the STR. An STR permit is only valid for up to one year, subject to renewal, and does not run with the land. Therefore, the issuance of an STR permit for a period of up to one year does not create a fundamentally vested right. As such, the city reserves the right to deny renewal of an STR permit for any reason, without the applicant having a right to hearing or other due process rights. During the application renewal submission, the owner must resubmit proof of “primary residence” as listed in section (B)(2) of this section.

4. Change in Ownership. The STR permit shall be invalidated by a change in owner of an STR, except when a spouse or domestic partner is added to the title of the property or the property is converted to a trust, which is principally under the same ownership. If the STR permit is invalidated by a change in ownership, the owner must complete the reapplication process within forty days or the right to the STR permit will be lost.

5. Noise and Disturbances. Guests are subject to the requirements of Chapter 9.24, Noise Regulations.

6. Revocation of STR Permit. An STR permit may be revoked by the city due to the failure to meet the requirements set forth in this code and state law, subject to the discretion of the city.

Any applicant or permit holder whose request for permit has been denied, or whose permit has been revoked, shall be ineligible for a two-year period from applying for a new permit. Such period shall run from the date of any final determination of denial or revocation. No person whose permit has been revoked shall continue to engage in, or carry on, the activity for which the permit was granted unless and until such permit has been reinstated or reissued.

7. Appeal Process. Revocation of an STR permit may be appealed pursuant to Section 17.70.020. The appeal shall be accompanied by a filing fee, if any, as established by city council resolution.

8. Good Neighbor Brochure. A good neighbor brochure, the contents of which shall be set by resolution of the planning commission, shall be required on the premises of any STR.

9. Occupancy Limitations. The maximum number of guests permitted in an STR is two per bedroom, plus two additional guests per unit (as shown in the following table). No more than twelve guests shall be permitted to stay in an STR.
5 Number of Bedrooms Number of Guests Allowed
0 (studio) 2
1 4
2 6
3 8
4 10
5+ 12

10. Transient Occupancy Tax. Transient occupancy tax (TOT) shall be collected on all short- term rentals. STR owners are solely responsible for the collection of all applicable TOT and remittance of the collected tax to the city on a monthly basis. If a hosting platform collects payment for short-term rentals, then it and the STR owner shall both have legal responsibility for the collection and remittance of TOT.

11. Advertising STR without STR permit. No owner, owner representative, responsible tenant, person acting as agent, real estate broker, real estate sales agent, property manager, reservation service or otherwise shall post, publish, circulate, broadcast or maintain any advertisement of an STR property if that property does not operate pursuant to a valid STR permit.

12. Parking. Each designated on-site parking space at a transient use site shall be made available for use by overnight occupants of that site and any on-site driveway must be available for the use of the guests of the site. Each private contract or tenancy shall specify what the maximum number of tenant vehicles to be parked at or in proximity to a transient use site (whether on street or off street), which shall not exceed the number of bedrooms included in the contract or tenancy.

13. Contact Information. The owner shall maintain a clearly visible on-site placard, accessible from the public right-of-way, displaying the name and 24-hour contact information of the owner or designated local contact person authorized to respond to complaints. The owner shall include the property address and contact information in all advertisements and online listings for the short-term rental.

14. Specific prohibitions. The owner is responsible for ensuring the property does not become a nuisance due to any short-term rental occupant activities. The activities prohibited for short-term rentals are examples that include, but are not limited to, the following:
a. Senior housing units and below market rate units may not be used for short-term rental purposes.
b. An owner may not have a short-term rental permit on more than one (1) parcel for short-term rental use in the City's jurisdiction. In addition, the parcel listed on the permit must be owner occupied as defined by primary residence.
c. Commercial or assembly uses, such as weddings, corporate events, and parties, are prohibited in short-term rentals.
6 d. Short-term rental to unaccompanied minors is prohibited. e. Short-term rentals are prohibited in Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) that received approval on or after January 1, 2020. ADUs and JADUs that received approval prior to January 1, 2020 are exempt from this prohibition and may be used as short-term rentals, provided the owner obtains a valid STR permit.

f. Parcels that have an ADU or JADU that received approval on or after January 1, 2020 are prohibited from obtaining a short-term rental permit. Parcels with an ADU or JADU that received approval prior to January 1, 2020 are exempt from this prohibition g. Short-term rentals are prohibited in recreational vehicles (RVs), tents, and other non- permanent structures.

15. Density limits. Upon the effective date of the ordinance codified in this chapter, all new STR permits shall be subject to a 55-foot zone of exclusion. The 55-foot zone of exclusion shall be drawn from the STR parcel boundary. A property shall be ineligible to hold an STR license if any part of its parcel boundary is within the 55-foot zone of exclusion of an existing STR. Subject to the city manager or his/her designee’s discretion, a property may be eligible for an STR permit if its parcel boundary is outside the zone of exclusion but an associated legal easement is within the 55-foot range (i.e., a reverse ingress or egress easement creates a flag lot). Implementation of this section for existing permit holders will be deferred until June 30, 2027, and will take effect upon issuance of an STR permit during the renewal process. STR permit holders within a 55-foot zone of exclusion will not be allowed to operate a STR after June 30, 2027.

16. Permit Cap. The total number of short-term rental permits issued and active within the City shall not exceed fifty (50) at any time. No new permit shall be issued once the cap has been reached, unless an existing permit is revoked or terminated.

17. Duration. The number of nights that the property can be used for short-term rental purposes shall be limited to one hundred eighty (180) nights per calendar year. During the submission of a new application, the owner must submit a proposed rental calendar not to exceed one hundred eighty (180) nights and upon a renewal application, the owner must submit proof they have not exceeded the one hundred eighty (180) nights.

D. Permit Application Procedures. An application for an STR permit shall be filed with the community development department upon forms, the content of which shall be set by resolution of the planning commission and shall, at a minimum, request:

1. The name, address, assessor’s parcel number (APN) for the STR owner’s property, and telephone number of the owner of the STR for which the STR permit is to be issued.

2. A statement of the anticipated daily rental charge for the STR and written acknowledgment of the responsibility to pay TOT associated with the rental of the STR.

3. A valid business license issued by the city for the STR, with the stipulation that the actual business license number must be included in any solicitation for an STR.

4. An STR permit application non-refundable fee. The fee will cover the estimated costs of reviewing the application.

5. Plans, which do not need to be drawn up by a professional, but drawn to scale including the following:
7 (a) Plot plan showing location of all property lines, location of all existing buildings, and location of dimensioned on-site parking spaces.
(b) Floor plan showing all rooms with each room labeled as to room type. Floor plan modifications must be submitted within seventy-two hours of updating STR platform listings.

6. The rental/lease agreement to be used, or house rules/requirements, which shall include, but not necessarily be limited to, the following:
(a) Number of guests allowed, which shall not exceed two per legal bedroom plus two additional guests.
(b) Number of vehicles a guest is allowed to park on site and off site per Section

17.42.170(C)(12).
(c) A nuisance management plan that includes maintaining a decibel reader on-site at all times to monitor noise levels.

7. Once the STR permit is issued, the STR permit number must be listed on all platform listing headlines and the platform weblinks provided to the City.

E. Hosting Platform Requirements.

1. Hosting platforms together with STR owners shall be responsible for collecting all applicable TOTs and remitting the same to the city. The hosting platform shall be considered an agent of the owner for purposes of TOT collections and remittance responsibilities as set forth in Chapter 3.12.

2. Subject to applicable laws, hosting platforms shall disclose to the city on a regular basis each home-sharing and vacation rental listing located in the city, the names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing, and the price paid for each stay. Hosting platforms that fail to comply will be subject to fines and penalties pursuant to Section 1.12.080.

3. Hosting platforms shall not complete any booking transaction for any residential property or unit unless it is listed on the city’s registry at the time the hosting platform receives a fee for the booking transaction.

4. A hosting platform operating exclusively on the internet, which operates in compliance with subsections (E)(1), (2), and (3) of this section, shall be presumed to be in compliance with this section, except that the hosting platform remains responsible for compliance with the administrative subpoena provisions of this code.

5. The provisions of this section shall be interpreted in accordance with otherwise applicable state and federal laws and will not apply if determined by the city to be in violation of, or preempted by, any such laws. (Ord. 2019-02 § 1 (Exh. A), 2019)

6. Pursuant to the City’s adoption of SB 346 (Durazo, 2025), short-term rental facilitators shall report the physical address, including the 9-digit ZIP Code, of each short-term rental located within the City every three months. Failure to submit the required report may result in administrative fines, penalties, or an audit initiated by the City. Facilitators shall provide additional information requested by the City, as authorized by SB 346, if the City deems such information necessary to identify a specific short-term rental. Short-term rental facilitators shall 8 include in each listing any applicable local business license number and transient occupancy tax certification issued by the City.

F. Liability and Enforcement.

1. Any owner, owner representative, responsible tenant, person acting as agent, real estate broker, real estate sales agent, property manager, reservation service or otherwise who uses, arranges, or negotiates for the use of residential property in violation of the provisions of this section is guilty of an infraction for each violation, and for each day in which such residential property is used, or allowed to be used, in violation of this chapter.

2. Violations of this chapter may be prosecuted pursuant to Section 1.12.080 and issued a civil penalty not exceeding the amounts set forth in California Government Code Section 36900(d).

G. Review of Ordinance

1. This ordinance shall be reviewed three years after its adoption. At that time, City staff shall evaluate the implementation of the Short-Term Rental (STR) ordinance and present their findings to the Planning Commission.

2058658.1

9 May 12, 2026 Item No. 11a

Honorable Mayor and Members City Council Meeting
of the Marina City Council of May 19, 2026

CITY COUNCIL TO CONDUCT A PUBLIC HEARING AND EXTEND
URGENCY ORDINANCE NO. 2026 -03 ESTABLISHING A TEMPORARY

MORATORIUM ON THE ESTABLISHMENT AND OPERATION OF NEW

SHORT-TERM RENTALS PURSUANT TO GOVERNMENT CODE SECTION
65858.

REQUEST
It is requested that the City Council:

1. Conduct a public hearing on the proposed extension of Urgency Ordinance No. 2026 -03, as required by Government Code sections 65858(a) and 65090; and

2. Adopt an ordinance extending the temporary moratorium on the establishment and operation of new short-term rentals for twenty-six (26) days, from May 22, 2026, through and including June 17, 2026, by a minimum 4/5 vote as required by Government Code section 65858(a); and

3. Find the extension exempt from the California Environmental Quality Act (CEQA) per Section 15061(b)(3) of the CEQA Guidelines..

BACKGROUND
On April 7, 2026, the City Council adopted Urgency Ordinance No. 2026 -03 pursuant to Government Code section 65858(a), temporarily prohibiting the establishment and operation of new short-term rentals in all zoning districts for a period of 45 days. The moratorium t ook effect immediately upon adoption and is set to expire on May 22, 2026.

The urgency ordinance was adopted in response to the Council's direction at its March 17, 2026, meeting to incorporate further changes into a comprehensive set of amendments to the City's short- term rental ordinance (Marina Municipal Code section 17.42.170 ). Those amendments were initially recommended by the Planning Commission on February 12, 2026, and address ed issues including clearer definitions for primary residency and advertising, updated parking requirements, enhanced permit application procedures, a two-year ban on STR operations for permit violations, a 55-foot exclusion zone for new permits, and mandatory decibel monitoring devices and nuisance response plans. On May 5, 2026, the Council approved those STAR amendments, which become effective on June 18, 2026.

The moratorium is intended to prevent new STR applications from being submitted and processed under the existing regulatory framework and prevent confusion.

ANALYSIS
Need for Extension. Council has adopted a revised STR ordinance but such ordinance does not become effective until June 18, 2026. The proposed 26-day extension through June 17, 2026, will protect the community from the impacts associated with having overlapping regulatory schemes for new short-term rentals.

Continuing Conditions. The conditions that necessitated the original moratorium continue to exist:

• Housing supply. Short-term rentals continue to reduce the availability of long -term housing by removing units from the rental market, increasing housing costs, and displacing working families who must then compete with tourists for limited housing stock. • Neighborhood compatibility. Without updated regulations governing the location and density of STRs, new permits could result in concentrations that commercialize residential neighborhoods and create land use conflicts with established residents. • Regulatory gap. The current code does not contain sufficient protections, such as owner- occupancy requirements, permit caps, ADU/JADU restrictions, or enhanced complaint procedures, to adequately address the impacts of STR operations. Allowing new permits to be issued under the existing framework could undermine the purpose of the forthcoming amendments and create confusion about which regulatory requirements apply.

Consistent with Urgency Ordinance No. 2026-03, the extension applies only to the establishment and operation of new short-term rentals. STRs that were legally established and operating under active permits as of the date of the original ordinance's adoption are not affected.

Government Code section 65858(a) authorizes the City Council to extend an interim ordinance adopted under that section for up to ten (10) months and fifteen (15) days following the initial 45- day period. The extension requires a noticed public hearing pursuant to Government Code section 65090 and approval by a 4/5 vote of the City Council. The proposed 26 -day extension from May 22, 2026, through June 17, 2026, falls well within the maximum period allowed by statute.

FISCAL IMPACT
No significant fiscal impact is anticipated.

ENVIRONMENTAL REVIEW
The proposed ordinance is exempt from the California Environmental Quality Act (CEQA) under the general rule set forth in CEQA Guidelines section 15061(b)(3), as the procedural and regulatory changes would not result in a direct or reasonably foreseeable indirect physical change in the environment.

CONCLUSION
This request is submitted for City Council consideration.

Guido Persicone
Community Development Director
City of Marina

REVIEWED/CONCUR

René Alejandro Ortega
City Attorney

ORDINANCE NO. 2026-

AN URGENCY ORDINANCE OF THE COUNCIL OF THE CITY OF MARINA

TEMPORARILY EXTENDING PROHIBITION ON THE ESTABLISHMENT

AND OPERATION OF NEW SHORT-TERM RENTALS PURSUANT TO
GOVERNMENT CODE SECTION 65858(a)
-oOo-
THE CITY COUNCIL OF THE CITY OF MARINA DOES HEREBY ORDAIN AS FOLLOWS:

1. On April 7, 2026, the City Council adopted Urgency Ordinance No. 2026-03 pursuant to Government Code section 65858(a), temporarily prohibiting the establishment and operation of new short-term rentals in all zoning districts of the City for a period of forty-five (45) days. Urgency Ordinance No. 2026-03 took effect immediately upon adoption and is set to expire on May 22, 2026.

2. Government Code section 65858(a) provides that, after notice pursuant to Government Code section 65090 and a public hearing, the City Council may extend an interim ordinance adopted under section 65858 for a period of ten (10) months and fifteen (15) days by a four-fifths (4/5) vote of the City Council.

3. Notice of a public hearing on the proposed extension was duly published in accordance with Government Code section 65090, and a public hearing was held on May 19, 2026, at which time all interested persons were given an opportunity to be heard.

4. The City Council finds that it is necessary to adopt this ordinance pursuant to Government Code section 65858(a) to protect the public health, safety, and welfare of the residents of Marina. This ordinance is intended to temporarily prohibit the establishment and operation of new short-term rentals in the City pending the effective date of amendments to the City’s current short-term rental ordinance, Marina Municipal Code (“MMC”) section 17.42.170.

5. Per MMC section 17.42.170(B), “short-term rental” means a primary residence, or any portion thereof, rented for occupancy for lodging or sleeping purposes for a period of twenty- nine consecutive days or less.

6. The Council adopted an ordinance amending short-term rental ordinance, Marina Municipal Code (“MMC”) section 17.42.170, which takes effect June 18, 2026 such that the Council finds that an urgency ordinance temporarily prohibiting the establishment and operation of new short-term rentals in the City is necessary to protect the public health, safety, and welfare

of the residents of Marina, until amendments to the City’s current short-term rental ordinance take effect.

7. The Council finds that short-term rentals are impacting the City’s and County’s ability to provide adequate affordable housing by pulling units out of the long-term rental market, forcing working families to compete with tourists for housing, and driving up prices. Displaced residents who can no longer afford to live near their jobs face costly long commutes, while residential neighborhoods are effectively being commercialized into informal hotel districts, undermining zoning laws and burdening long-term neighbors. STRs also compete unfairly with established local hospitality businesses.

8. This matter is urgent, and the subject of a temporary moratorium, because a potentially unrestricted number of short-term rental applications could be submitted before the proposed amendments take effect, thus undermining the intended purpose of the amendments and potentially causing confusion about which regulatory regime applies to applications submitted, but not yet approved at the time of the amendments’ effective date.

9. Without a temporary moratorium, and absent zoning regulations that adequately govern the location and conduct of short-term rentals, new short-term rentals may be established in areas that result in compatibility conflicts. Locating short-term rentals near or within areas already heavily impacted by short-term rental operations puts the City at risk of impairing its substantial interests in community health, the community’s perceptions of safety, and ensuring economically sustainable development in Marina.

10. A temporary moratorium on this use is necessary to preserve the health, safety, and welfare of the residents of Marina by preventing a proliferation of short-term rentals in the City without regard to the appropriateness of their location.

11. Maintaining the current zoning regulations related to short-term rentals has the potential to result in new short-term rentals without the proper analysis of any potential impacts to public health, safety, and welfare.

12. A temporary moratorium on this use is necessary to prevent short-term rentals from locating almost anywhere in the City. Allowing a short-term rental to establish without sufficient protective measures in the code would provide these businesses a temporary entitlement to operate in a location that could have a detrimental effect on the health, safety and welfare of the community. Without this temporary moratorium, the potential exists that establishment of new

short-term rentals within the City, without addressing appropriate regulation, could result in land use incompatibility and create adverse impacts on residents, businesses and neighborhoods that present a current and immediate threat to the public health, safety, and welfare.

13. This temporary moratorium will not impact any short-term rentals in Marina that are already legally established and that have active short-term rental permits.

14. The City Council finds that the foregoing conditions exist, which require the immediate preservation of the public health, safety, and welfare or the community pursuant to California Government Code section 65858. This ordinance establishes a moratorium for an additional twenty-six (26) days prohibiting the establishment and operation of new short-term rentals in all zoning districts.

15. Environmental. The proposed Ordinance amendments are not subject to environmental review pursuant to the State CEQA Guidelines, California Code of Regulations, Title 14, Article 5, section 15061(b)(3) because the proposed procedural changes would not result in a direct or a 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 potential for causing significant effect on the environment. Therefore, the adoption of this ordinance is exempt from CEQA, and no further environmental review is necessary.

16. Effective Date. This Ordinance is declared to be an urgency measure adopted pursuant to Government Code section 65858. As set forth in the findings above, this Ordinance is necessary for preserving the public safety, health, and welfare. Pursuant to Government Code section 65858, this Ordinance is effective immediately by a 4/5 vote of the City Council and shall be in full force and effect for twenty-six ( 26) days from the date of its adoption. This 26-day period may be extended by the City Council in acco rdance with the provisions of Government Code section 65858.

17. 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.

18. Posting of Ordinance. Within fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause it to be posted in the three (3) public places designated by resolution of the City Council.

The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Marina duly held on May 19, 2026, and was passed and adopted at a regular meeting duly held on May ___, 2026, 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

2064957.1
May 14, 2026 Item No.11b
Honorable Mayor and Members City Council Meeting
of the Marina City Council of May 19, 2026

CITY COUNCIL TO OPEN A PUBLIC HEARING TO CONSIDER ADOPTING RESOLUTION 2026-, APPROVING A DESIGN REVIEW PERMIT AND A TREE

REMOVAL PERMIT FOR A NEW MERCEDES -BENZ CAR DEALERSHIP AT OPPORTUNITY AREA 3.2 OF THE DUNES DEVELOPMENT (2101 FIRST

AVENUE), AND FIND THIS ACTION WAS ADEQUATELY ADDRESSED IN EIR NO. 2004091167, CERTIFIED FOR THE UNIVERSITY VILLAGES SPECIFIC PLAN.

SUMMARY
The matter before the City Council is for site and architectural design review per Chapter 17.56 of the Marina Municipal Code (“MMC”) and a tree removal permit per MMC Chapter 17.62 to establish a new Mercedes -Benz dealership by the applicant, Unstoppable Automotive MBMCA, LLC, a California limited liability company dba Mercedes-Benz of Monterey, at Opportunity Area

3.2 of the Dunes Development (formerly University Villages), located at 2101 First Avenue. These types of permits are typically reviewed by the Planning Commission, but a condition of approval of the Sales Tax Revenue Sharing Agreement by City Council on May 20, 2025 (“Incentive Package”), was that the Council would review and approve said permits.1

RECOMMENDATION

1. That City Council open a public hearing and adopt City Council Resolution 2026- approving a Tree Removal Permit for the removal of 44 trees and approval of a Design Review Permit in support of a new car dealership on the property located at 2101 First Avenue (Opportunity Area 3.2 of the Dunes Development).

2. Find that any environmental impacts from the recommended action have been previously reviewed in the environmental impact report for the University Village Specific Plan EIR (EIR NO. 2004091167).

DESIGN REVIEW PERMIT
Marina Municipal Code Standards for Design Review
MMC Chapter 17.56 (Site and Architectural Design Review) requires design review approval before construction of new commercial development. Its purpose is to ensure that buildings and improvements are not unsightly, undesirable, or obnoxious in appearance, and that they do not hinder the orderly development of the City, impair the desirability of residence or investment, or impair living conditions on adjacent sites. In acting on the application, the reviewing body considers:
1 See City Council Resolutions 2025 -49, 2025-83, and 2026 -45 for details . The City of Marina, through the implementation of the 2000 General Plan, desires to encourage private investment and economic development within the City’s commercial areas. The applicant is proposing the construction and operation of a $40 million invest ment in the City of Marina and as such requested an Incentive Package from the City to offset this investment in the project site. Because the Council has retained final approval authority pursuant to the Sales Tax Revenue Sharing Agreement, the design review and tree removal permits now before the Council come for the Council’s final action , rather than for action by the Planning Commission or the Community Development Director under the ordinary review procedures set forth in MMC Chapters 17.56 and 17.62. The Tree Committee and Planning Commission have made their respective recommendations to the Council, as described in further detail below. Please see Exhibit B, Condition of Approval #28 for details.
1 • Site planning and compatibility with surrounding development; • Architectural design, building mass, and scale;
• Exterior materials, colors, and fenestration;
• Landscaping and lighting; and
• Signage.

The analysis below demonstrates that the project satisfies these standards, the development standards of the University Village Specific Plan, and the 2000 General Plan. See also, EXHIBIT A, Findings of Fact.

Architecture. The proposed 57,000 square foot project consists of a contemporary, two -story commercial building designed in a modern corporate architectural style, consistent with current automotive dealership branding standards. The building massing is defined by a primary showroom volume expressed a s a taller, rectilinear form, complemented by lower adjoining elements. The front elevation is characterized by a prominent glazed showroom façade, extending approximately two stories in height, which provides transparency and visual connectivity between the interior display area and the public realm. The showroom volume is articulated with a defined fascia band, with the top of fascia reaching approximately 31 feet above grade and the bottom of fascia at appro ximately 28 feet. This creates a strong horizontal datum line and emphasizes the building’s primary frontage.

Secondary building components include a parts mezzanine level at approximately 12 feet and a second level at approximately 14 feet above grade. These elements are integrated within the overall massing and are visually subordinate to the main showroom volume.

The building elevations exhibit a clean and minimalist design language, utilizing a combination of smooth exterior wall panels, metal cladding, and extensive glazing. The façade composition emphasizes horizontal and vertical alignment, with large window expanses framed by metal panel systems to create a sleek, high -quality appearance. See EXHIBITS C and D, Project Narrative and Plans.

All elevations (north, south, east, and west) maintain consistent architectural treatment, with variations in glazing and solid wall areas responding to functional interior uses. The overall design conveys a contemporary aesthetic with an emphasis on transparency, precision detailing, and brand identity. The project has been designed by Gensler and reflects current trends in commercial and automotive retail architecture.2 The project meets all of the development standards as identified in the University Village Specific Plan, the Zoning Code and the 2000 General Plan. See Table 1.

2 Per the Incentive Package, the applicant agreed to provide an updated photo simulation of the project, which will be presented to the Council on May 19, 2026.
2 Development Standards.

Table 1-Development Standards
Standard Source Complies
Zoning Section 3.1.4 of the
Development Agreement.

Yes-Automotive Sales
allowed per City
interpretation of the Dunes
Development Agreement (see
Section 3.1.4 of the DA); see
also University Villages
Specific Plan at p.104;
Recreational Vehicle Sales
allowed per Specific Plan.

Westerly Setback along
Freeway-100 foot setback
Figure 4.15 of the 2000
General Plan
Yes-100 feet
North/South/East Setbacks-20
ft setback
Table 5.4 of the UVSP Yes-20 feet
Landscape Buffer-25-foot
landscape buffer along HWY 1
Highway 1 Design Corridor Yes-25 feet
Height-40 Feet Figure 4.15 of the General
Plan
Yes-28-31 feet
Floor Area Ratio - between
.25-.60
General Plan Table 2.43 Yes-.25 FAR
Parking
236 Required

UVSP-Section 5.7
Parking:
1:300 square feet (office
area)
1:275 square feet (retail
area)
Yes- 366 provided

Bike Parking- 1 rack per
building
UVSP-Section 5.7

Yes-with COA #17

Additional Considerations:

Zoning. The University Villages Specific Plan designates this parcel in the Specific Plan Area as Office/Research and Development/Light Industrial, including Opportunity Site 3. The Office/Research designation permits a variety of uses including boat sales and recreational vehicle sales. The Specific Plan did not expressly list automobile sales as a principally permitted use in the Office/Research and Development/Light Industrial land use areas but does allow automobile sales in other non-residential areas of the development including in the Multiple Use designation.

However, the University Villages Specific Plan expressly provides that the list of principally permitted uses “is not intended to prohibit an omitted but related use. [And, further, that] [a]ny uses not specifically regulated here shall be considered through administrative review.4”

The City of Marina (“City”) and Marina Community Partners, LLC (“MCP”) entered into a Development Agreement dated July 8, 2005 (“Development Agreement”) related to the Dunes Development Project. Section 3.1 of the Development Agreement addresses amendments to the Development Agreement and to the Project Approvals. Section 3.1.4 of the Development Agreement grants the Strategic Development Director authority to make minor modifications to

3 Floor Area Ratio is total square footage of a building, including first, second, third floor divided by the lot size.

Table 5.4 of the UV Specific Plan directs the city staff to Table 2.4 of the General Plan. 4 Development Regulations, University Village Specific Plan, pg 104. https://cityofmarina.org/1194/The-Dunes- University-Village
3 the Project Approvals as an administrative amendment. The City previously eliminated the position of Strategic Development Director and vested the City Manager with the authority and job duties previously assigned to the Strategic Development Director.

The proposed dealership will have both automobile and recreational vehicles sales as both Mercedez Benz automobiles and Sprinter Van vehicles will be sold on site. Since recreational vehicle sales are allowed in this zone and automobile sales is a related use and allowed in the Multiple Use designation of the specific plan, the City Manager, on December 1, 2023, designated automobile sales as a permitted use for this site based on the authority granted in University Villages Specific Plan (p. 104) and the Development Agreement Section 3.1.4 .

Landscaping. The Tree Committee requested that more California native species be incorporated into the final landscaping plans, that, to the extent feasible, trees #712 and #752 be preserved, and that native species be used more extensively within the landscaping .5 Both of these requests are included as Conditions of Approval (“COA”)6 #45 and #46-#47 in the project.

Parking. To ensure the project does not interfere with abutting properties, the City will require a parking plan that clearly denotes customer and employee parking, see Condition of Approval #21.

To minimize incongruity between the project and Phase 3 of the Dunes, Condition of Approval #42 has been placed on the permit requiring a parking study within one year of operation of the project.

Traffic Control Plan . The project will include a traffic control plan to coordinate construction activity and limit disruptions to neighboring properties , see Condition of Approval #30. The project is designed to have necessary deliveries and parking occur onsite so that there is no spillover of activity on the streets or neighboring properties.

Noise. Due to the project location adjacent to residential neighborhoods , a silent paging system throughout the project site shall be implemented. No loudspeakers shall be used as part of daily business operations , see Condition of Approval #22. While the applicant has stated that a loudspeaker is typically not used in their business model, it is important that this condition be kept on the project for future possible uses of the site.

Lighting. The goal of the site lighting for the property is to provide a comfortable level of illumination that meets the operation’s need for orientation and safety in a way that complements the aesthetic quality of project architecture and surrounding coastal environment.

The proposed lighting standards are intended to incorporate Dark Sky principles by reducing unnecessary glare, light spill, and skyglow while maintaining adequate safety and visibility. Dark Sky practices promote the use of fully shielded, downward -directed lighting fixtures, lower illumination levels where appropriate, and warmer color temperature lighting to minimize impacts on surrounding residential areas, wildlife, and nighttime visibility. These standards help preserve community character and views of the night sky, improve energy efficiency, and reduce light trespass onto adjacent properties and public rights -of-way. The intent is to balance public safety and functional lighting needs with environmental stewardship and neighborhood compatibility.

5 In discussing planting recommendation last year with the vice chair of the tree committee, suggestions were made to introduce some additional Coastal CA natives into the plant palette including but not limited to: Toyon, Rhamnus, Arctostaphylos, Ceanothus, Ribes, Berberis, Holodiscus, Baccharis, Myrica, Mimumlus, and many others. Our native plant selection ultimately to choose from include s Arctostaphylos, Artemisia, Baccharis, Ceanothus, Diplacus (Mimulus), Erigeron, Eriogonum, Frangula (Rhamnus), Fragaria, Heteromeles (Toyon), Leymus and Symphoricarpos, and are shown as such on the Preliminary Plant Legend. All are identified also as C.C.N. (CA Coastal Native). 6 The Project Conditions of Approval are identified on Exhibit B. 4 To reduce incompatibility between the car dealership and abutting residential properties , a Condition of Approval has been placed on the permit requiring submi ttal of a lighting plan ( see COA #25) for review and approval by the Community Development Director prior to the issuance of building permits.

The Conditions of Approval also include language that the City retains the right to ask for additional modifications in the future if said lighting is deemed a public nuisance. For reference, the lighting condition placed on this permit is similar in nature to the Mercedes -Benz dealership in Temecula, which staff used as a template for preparing these project Conditions of Approval.

DESIGN REVIEW GENERAL PLAN CONSISTENCY

General Plan Policy 4.79 To promote the City’s objective of creating a demographically and economically balanced community, a wide range of housing options shall be provided, the cost and mix of which shall be approximately proportional to the housing needs of existing and future employed people within the City. Housing shall be balanced with commercial uses, providing for retail and services and for office, research, commercial service and industrial uses.

By issuing a design review permit for the car dealership site, Opportunity Area 3.2 (2101 First Avenue) allows for the balanced land uses identified in General Plan Policy

4.79. General Plan Policy 2.38 The land use policies of this section serve to promote the development and location of retail and other commercial personal services which adhere to the General Plan’s principal goals. This entails providing locations for retail and service uses that will permit capture of a significant share of locally and regionally generated sales.

By approving a design review permit for the car dealership project, the City will be capturing local and regionally generated sales directly implementing General Plan Policy

2.38. PROPOSED SIGNAGE
Freeway signage for a commercial development is a key component of the overall marketing and viability of the site. The city needs to balance the economic development of the community with maintaining the character and vision of Marina. The proposed freeway -oriented commercial signage is intended to provide adequate visibility to passing motorists while remaining sensitive to the visual character of the surrounding community. Given the site’s proximity to the freeway, a certain degree of scale and prominenc e is necessary to ensure the sign functions effectively for wayfinding and business identification at highway speeds. However, the design has been carefully considered to balance this need with the City’s goal of preserving its clean, orderly, and visually cohesive environment. The sign’s height, proportions, materials, and illumination are designed to minimize visual clutter, avoid excessive brightness, and integrate with the broader architectural and landscape context. Through this approach, the project s eeks to achieve a functional level of visibility without detracting from the community’s valued aesthetic quality and overall sense of place.

The project has several sign requirements including but not limited to: Dunes Master Sign Program, the Highway 1 Design Guidelines adopted by the City of Marina and the Fort Ord Reuse Authority, and the Zoning Code. Under the Marina Zoning Code, highway signs require approval by the Planning Commission.7 The Dunes Master Sign Program originally had limited signage for

7 See MMC 17.46.170.F. Highway Signs. Commercially zoned properties having frontage on Highway 1 are declared to be sites of special significance and all signs and signing programs shall be approved by the planning commission.

In considering a sign or signing program for a site of special significance, the following items shall be considered: the 5 this property because the designation for the property envisioned office development, not the current commercial project. However, the Dunes Master Sign Program 8 envisions that signage that substantially deviates from the approved MSP would require Planning Commission review:

SUBSTITUTIONS/ VARIANCES Requests to establish signs that are not in substantial conformance and vary from the provisions of these sign criteria shall be submitted for Design Review Board and Planning Commission consideration.9

Considering this requirement, Condition of Approval #27 (see below) provides that, prior to occupying the building, the applicant shall submit a Master Sign Program (MSP) for review and approval by the Planning Commission. In this manner, the applicant can potentially proceed with building permit review while city staff works on the exact details of the permanent signage allowed on site.

In addition to the building signage, a s part of the Incentive Package the applicant has agreed to build and maintain a monument sign in perpetuity along the southerly border of the property facing Highway 1. Table 2 shows the conceptual drawing for this signage.

COA #27- a. Master Sign Program. Prior to the occupancy of the buildings on site, the applicant will submit a master sign program for review and approval by the Planning Commission. Separate from the Master Sign Program, per the Incentive Package, prior to occupying the building the City Council shall retain design approval for the monument sign on the westerly border of the property.

Table 2-Conceptual Car Dealership Signage

signing needs of the proposed use; the location of the site in relation to the freeway access; and the responsibility of the city to protect and preserve the natural beauty of Highway 1 while balancing the city’s need for a healthy highway- oriented visitor-serving industry. Any decision of the planning commission concerning a site of special significance may be appealed to the city council, in writing, within ten days of the decision of the planning commission. 8 See Dunes at Monterey Bay (University Villages) Master Sign Program at :
https://cityofmarina.org/DocumentCenter/View/12853.
9 See Dunes at Monterey Bay Master Sign Program. Sign Submittal Requirements, Page 32:
https://cityofmarina.org/DocumentCenter/View/12853 .
6 TREE REMOVAL PERMIT BACKGROUND
On March 7, 2025, an application was filed to remove trees within Phase 3 of the Dunes Development. The trees in question are located along the outer boundary of Opportunity Area 3.2 of the Dunes Development, with a few trees in Opportunity Areas 4.2 and 4.3. See Figure 1, below.

On April 30, 2025 , the Tree Committee visited the property identified as Opportunity Area 3.2 , generally located at the northwest corner of First Avenue and Divarty Street. The focus of the site visit was to educate the Committee on Opportunity Area 3.2 as well as to be briefed by the applicant, Marina Community Partners (MCP) , on how the tree removal permit aligns with the overall grading plan for Phase 3 of the Dunes Development. The Committee received public testimony and considered the merits of the project.

During production of the Tree Committee staff report , Vice Chair Greg Simmons of the Tree Committee inquired if trees #712, #741, and #752 could be saved. After the conclusion of the April 30, 2025 meeting, the Vice Chair also inquired if tree #743 could be saved. After speaking with the engineer of record (Andy Hunter) and the project arborist (Patrick Krabacher), it does not seem viable to save tree #743. There will be seven feet of fill installed where the tree sits, and the tree would likely not survive the grading operations as the root zone would be too damaged.

At the conclusion of the site visit the item was continued to the May 15, 2025 Tree Committee meeting. On May 15, 2025, the Tree Committee made a recommendation to the Planning Commission to approve the removal of approximately fifty-two trees within Phase 3 of the Dunes, including Opportunity Area 4.3 (Future Medical Use) and Opportunity Area 3.2 (Future Car Dealership Site), with Conditions of Approval that trees #712 and #752 be retained if feasible and, if not, that the applicant would document the reasons for removal to the Community Development Director. Additionally, the applicant was encouraged to plant more native species for the car dealership site.

Figure 1-Aerial Summary of Tree Removal Permit

After the May 15, 2025 Tree Committee meeting, on May 28, 2025, Marina Community Partners submitted a letter requesting that the City expedite the removal of some trees on the Medical Use site (Opportunity Area 4.3) so that grading work could be completed in an expeditious manner.

Specifically, Shea requested that the tree removal permit be bifurcated into two key components:
the first step would be to remove the trees from the Medical Use site , and the second step to temporarily stockpile the dirt associated with the proposed tree removals onto the Car Dealership property, Opportunity Area 3.2. The stockpiling of the dirt is depicted in Figure 2 below.

Medical Use
Car
Dealership
7 Figure 2-Car Dealership Site-Stockpile of dirt.

On June 12, 2025 the Planning Commission adopted resolution 2025-08 supporting this two-step process for the future Medical Use site to be graded and the temporary stockpiling of dirt on the Car Dealership site, Opportunity Area 3.2.

TREE REMOVAL SITE PLAN ANALYSIS
The public testimony received on April 30, 2025 from the engineer of record (Andy Hunter) and the project arborist (Patrick Krabacher) indicated that the additional 5-11 feet of fill to be added to the site makes the survival of many the trees on the site unlikely. The reason is the cut and fill of the dirt onto the lot necessities digging into the tree root system.

Grading on Opportunity Site 3.2 (Car Dealership site)
As set forth above, the Car Dealership site requires significant cuts and fill to be added to the property to make it level with First Avenue and the surrounding properties. Parts of the Car Dealership site have anywhere from seven to eleven-foot grade elevation change from the center of the property to First Avenue. See Figure 3, below. Currently, two large stockpiles of dirt are on the lot, which will be leveled as part of the overall mass grading of the site to make it level to First Avenue and the surrounding area.

8 Figure 3 – Elevation Changes on Opportunity Site 3.2 (Car Dealership site)

City of Marina Municipal Code-Tree Permits
City of Marina Municipal Code (MMC) Section 17.62.030 requires a tree removal permit to remove, damage, or relocate, or cause to be removed, damaged, or relocated , any tree on any property within City limits, unless exempted by MMC Sections 17.62.040 or 17.62.050. MMC Section 17.62.030 also prohibits construction activities within the dripline of any tree, unless these activities are conducted in compliance with tree protection guidelines adopted by resolution of the planning commission.

MMC defines “tree” as any living woody perennial plant having a single stem of six (6) inches or more diameter at breast height (DBH; measured at 4.5 feet above ground) or a multi -stemmed plant having an aggregate diameter of ten inches or more measured at DBH, and any living woody perennial plant which was planted in accordance with requirements of an approved compensation plan or was planted as part of a landscaping plan approved by the City. MMC defines “Dripline” as the greater of the outermost edge of the tree’s canopy, or fifteen times DBH measured from the center point of the tree.

University Village Specific Plan UVSP Tree Standards
UVSP Tree Standards call for the preservation of as many healthy Monterey cypress trees and oak trees as practicable. In accordance with the UVSP Tree Standards, Monterey cypress trees and oak trees that are in good or fair condition must be protected duri ng construction and preserved wherever practicable. If relocation is possible, Monterey cypress and oak trees shall be removed by machinery, be immediately replanted at a new site, and be watered and fertilized. Existing healthy trees determined to be in good or fair condition that are removed shall be replaced on-site 9 at a ratio of two (2) replacement trees for every one (1) removed (2:1). UVSP classifies tree health based on the following definitions:

• Good. Tree is healthy and vigorous as indicated by color of foliage and density, has no apparent
signs of insect, disease, structural defects or mechanical injury. Tree has good form and structure.
• Fair. Tree is in average condition and vigor for the area, but may show minor insect, disease, or
physiological problems. Trees rated as fair may be improved with correctional pruning. • Poor. Tree that is in a general state of decline and may show severe structural or mechanical
defects which may lead to failure, may have insect or disease damage, but is not dead. • Dead/Snag. Dead standing tree.

Tree Removal Details
DD&A identified 44 Monterey cypress ( Hesperocyparis macrocarpa ) trees within or directly adjacent to the project site. DD&A inventoried three (3) dead trees, 17 trees in poor health, and the remaining 24 in fair health with two for retention . A tree removal permit from the City is required to remove the 44 total trees, and tree replacement at a 2:1 ratio is required for removal of the 22 healthy trees. Therefore, the developer will replace the removal of healthy trees with up to 44 replacement plantings.

Tree Identified within Project Site 44
Dead Trees 44-3=41 remaining
Trees-Poor Health 41-17=24 remaining
Retaining two trees10 (Tree 732 and 730) 24-2=22 remaining City of Marina’s Tree Replacement Ratio
(2:1)
22X2=44 Trees To Be Replanted

Required Findings for Tree Removal Permit
Pursuant to MMC Section 17.62.060(C), the following findings, (i.e., any one of which is sufficient), are required prior to approval or conditional approval of a tree removal permit:

1. The tree is in poor condition and is in danger of falling within proximity to existing structures, high pedestrian traffic areas such as parking lots, playgrounds and pedestrian walkways, or interference with utility services that cannot be controlled or r emedied through reasonable preservation and/or preventive procedures and practices; or

2. The tree is host to a plant, or insect, or other parasitic organism which endangers other adjacent healthy trees; or

3. The location of more than three trees conflicts with the construction of street or sidewalk improvements, storm drain, traffic signals or signs; or

4. The number of trees on the site is in excess of the number of healthy trees the site is able to support, based on such considerations as tree species, growth characteristics, general health of the stand, tree age, solar orientation and soil condition; or

5. The applicant outlines other clearly documented and compelling reasons for the removal or relocation of a tree which do not include the elimination of falling leaves or shade, or improving a view; and

10 Tree 730 is just outside of the project area, but it will be retained. 10 6. The tree does not serve as part of a windbreak system, or assist in drainage or in the avoidance of soil erosion, or serve as a component of a wildlife habitat, or otherwise play a prominent role in maintaining the existing urban forest; and

7. Due to the tree’s contribution to the aesthetic beauty of the area, the removal would not have a substantial detrimental effect on neighboring property values; and

8. If the removal request is concurrent with development plans for the property and the development plans indicate that it is necessary to remove or relocate the tree to enable reasonable and conforming use of the property which is otherwise prevented by the location of the tree.

Staff finds that findings are satisfied here. See Exhibit A, Findings of Fact. Mitigation is addressed through Conditions of Approval, see Exhibit B, requiring tree replacement at a 2:1 ratio for healthy trees removed, consistent with both MMC Section 17.62.060(D) and the UVSP Tree Standards described above.

TREE REMOVAL GENERAL PLAN CONSISTENCY
General Plan Policy 2.74-Industrial and Commercial Services. Approximately 290 acres of land are reserved for industrial and commercial uses. Each of the designated areas has a distinctive role based on its respective locational characteristics. The intent is to accommodate a broad range of industrial and commercial-service activities within the City, thereby enhancing local opportunities for employment and economic development and providing for the service needs of other uses within the City.

By removing trees from Opportunity Area 3.2 and allowing commercial development on the property, General Plan Policy 2.74 will be implemented by the approval of this tree removal permit.

General Plan Policy 2.4.3 -Local-Serving Retail and Personal Services . At present, a major portion of Marina’s population purchases everyday items such as food, drugs, and other sundries outside the City. The result is both a loss of sales tax revenue in support of City services and the generation of a greater number of vehicular trips by residents. In general, vehicular trips would be decreased both in length and number if everyday goods and services were more available locally.

By removing trees from Opportunity Area 3.2 and making the property a viable commercial development, the tree removal permit will be implementing General Plan Policy 2.4.3.

CONFLICT OF INTEREST
Council members or Planning Commissioners are subject to the Political Reform Act. C ouncil Members or Planning Commissioners must not make, participate in making, or attempt to influence in any manner a governmental decision which they know, or should know, may have a material effect on a financial interest of a Council Member or Planning Commissioner.

EX PARTE COMMUNICATION DISCLOSURES
On quasi-judicial matters, City Councilmembers shall verbally disclose off the record contacts relating to the item, after the item is called and before C ity Council consideration of the matter.

Disclosure shall include the identity of an individual(s) with whom the C ity Council had contact, and the nature of the contact. Written ex parte communications must be forwarded to the Community Development Department so they can be provided to the entire Commission and to the public.

11 ENVIRONMENTAL DETERMINATION
The City of Marina Planning Division has determined that this project will not result in new significant environmental impacts or effects or a substantial increase in the severity of significant effects previously identified in EIR No. 2004091167, which was certified for the University Villages Specific Plan. See CEQA Guidelines § 15183; Cal. Pub. Resources Code § 21083.3(b).

The Specific Plan and its associated EIR contemplated that “recreational vehicle” sales and/or rentals would be a use permitted by right at the project location; passenger vehicle sales at this location is consistent with the originally anticipated permitted use and would not result in any previously unidentified impacts. The Specific Plan and EIR also anticipated that “hundreds” of trees would be removed as a result of the overall project, requiring mitigation pursuant to the City’s tree removal ordinance and University Village Specific Plan tree replacement standards.

CONCLUSION
This staff report, resolution, and associated exhibits are submitted for City Council consideration.

Respectfully submitted,

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

REVIEW/CONCUR

Layne Long
City Manager
City of Marina

ATTACHMENTS
Exhibit A-Findings of Fact
Exhibit B-Project Conditions of Approval
Exhibit C-Site Plan
Exhibit D-Project Narrative
Exhibit E-Arborist Reports
April 18, 2025
May 12, 2025
February 2026
Exhibit F-Project Comment Letters
Exhibit G-Sales Tax Revenue Sharing Agreement (with City Council Resolutions 2025-49, 2025-83, and 2026-45)

12 RESOLUTION NO. 2026-

A RESOLUTIN OF THE CITY COUNCIL OF THE CITY OF MARINA APPROVING

A DESIGN REVIEW PERMIT AND A TREE REMOVAL PERMIT FOR A NEW MERCEDES-BENZ CAR DEALERSHIP AT OPPORTUNITY AREA 3.2 OF THE DUNES DEVELOPMENT (2101 FIRST AVENUE) AND FIND THIS ACTION WAS ADEQUATELY ADDRESSED IN EIR NO. 2004091167, CERTIFIED FOR THE UNIVERSITY VILLAGES SPECIFIC PLAN.

WHEREAS, per a Sales Tax Revenue Sharing Agreement approved by Council on May 20, 2025 (“Incentive Agreement ”) the applicant , Unstoppable Automotive MBMCA, LLC, a California limited liability company dba Mercedes -Benz of Monterey (“Unstoppable Group”), and the City have agreed per Council Resolutions 2025-49, 2025-83, and 2026-45, that the City Council retains final decision -making authority over the Design Review and Tree Removal Permits for this project; and

WHEREAS, on April 30, 2025, at a duly noticed public hearing held on the property located at the northwest corner of First Avenue and Divarty Street, the Tree Committee of the City of Marina considered a tree removal permit request to remove trees within Phase 3 of the Dunes Development and specifically within Opportunity Areas 3.2, 4.2 , and 4.3 of the University Villages Specific Plan; and

WHEREAS, at the conclusion of the April 30, 2025, meeting the item was continued for further review to the May 15, 2025 Tree Committee meeting; and

WHEREAS removal of 44 trees is necessary to accommodate the completion of the Dunes Development Project (formerly the University Village Specific Plan); and

WHEREAS, by removing trees from the site and making it a viable commercial property, the tree removal permit will be implementing the 2000 General Plan via policies 2.74 and 2.4.3; and

WHEREAS, removal of trees is subject to a Tree Removal Permit and requires review by the Tree Committee for a recommendation to the Planning Commission per Marina Municipal Code (MMC) Sec. 17.62.060.B; and

WHEREAS, at the conclusion of May 15, 2025, Tree Committee meeting , a favorable recommendation was made to the Planning Commission; and

WHEREAS, the applicant shall replace all qualifying trees at a 2:1 ratio per MMC section

17.62.060.D.2 based upon the combined diameter at breast height (DBH) of the healthy trees to be removed; and

WHEREAS, at a duly noticed public hearing the Planning Commission recommended approval of the design review and tree removal permits to the City Council; and

WHEREAS, the proposed automobile dealership project is consistent with the City’s Design Review criteria and will not be detrimental to the public health, safety, or general welfare as set forth in the Staff Report and Findings of Fact; and

WHEREAS, the project has been designed to support attractive and functional commercial use while maintaining compatibility with the character of the City of Marina and the surrounding area; and
13 Resolution No. 2026-
Page Two

WHEREAS, the City of Marina is a lead agency under the California Environmental Quality Act (CEQA) and has determined that the project will not result in new significant environmental impacts or effects or a substantial increase in the severity of significant effects previously identified in EIR No. 2004091167, which was certified for the University Villages Specific Plan. See CEQA Guidelines § 15183; Cal. Pub. Resources Code § 21083.3(b). The Specific Plan and its associated EIR contemplated that “recreational vehicle” sales and/or rentals would be a use permitted by right at the project location; passenger vehicle sales at this location is consistent with the originally anticipated permitted use and would not result in any previously unidentified impacts. The Specific Plan and EIR also anticipated that “hundreds” of trees would be removed as a result of the overall project, requiring mitigation pursuant to the City’s tree removal ordinance and University Village Specific Plan tree replacement standards.

NOW THEREFORE BE IT RESOLVED that the City Council , based on Findings of Fact , Conditions of Approval, and the CEQA determination referenced hereto, does hereby:

1. Find that any environmental impacts from the recommended action have been previously reviewed in the environmental impact report for the University Village Specific Plan EIR (EIR NO. 2004091167).

2. Incorporate by reference the recitals listed above , the staff report accompanying this resolution, the Findings of Fact and the project revised Conditions of Approval as presented by City staff at May 19, 2026 City Council meeting. (Exhibits A and B to this Resolution).

3. Approve a Design Review Permit for a new car dealership on the property located at 2101 First Avenue (Opportunity Area 3.2 of the Dunes Development).

4. Approve the removal of forty-four (44) trees subject to Chapter 17.62 of the Marina Municipal Code and the University Villages Specific Plan tree replacement standards.

5. Direct the applicant ( Unstoppable Group) to replant replacement trees at a 2:1 ratio for every tree that is removed that are in fair or good condition which include twenty-two (22) trees.

6. Require the applicant (Unstoppable Group) to comply with the Conditions of Approval and the recommendation from the arborist reports submitted by Denise Duffy and Associates on April 18, 2025, May 12, 2025, and February 2026, incorporated by reference into this resolution.

7. Require the applicant (Unstoppable Group) to retain trees #712 and #752 to the extent feasible. If said trees cannot be retained the applicant shall submit documentation for review by the Community Development Director as to why removal is required.

8. Require the applicant (Unstoppable Group) to comply with the Incentive Agreement conditions of approval per City Council Resolutions 2025-49, 2025-83, 2026-45.

9. Require the applicant to file a Master Sign Program (MSP) for the project for Planning Commission consideration and approval prior to occupying the building.

10. To require the applicant to receive City Council approval for the monument sign along the westerly border of the property prior to occupying the building.

11. Direct staff to prepare and submit a Notice of Exemption (NOE) to the County Clerk within five days of approval by the City Council.

14 Resolution No. 2026-
Page Three

PASSED AND ADOPTED by the City Council of the City of Marina at a duly noticed special on the 19th day of May 2026, by the following vote:

AYES, COUNCIL MEMBERS:

NOES, COUNCIL MEMBERS:

ABSENT, COUNCIL MEMBERS:

ABSTAIN, COUNCIL MEMBER:

_________________________
Bruce Delgado, Mayor
ATTEST:

_____________________________
Anita Sharp, Deputy City Clerk

15 EXHIBIT A
Findings of Fact
Tree Removal Permit
MMC 17.62.060.C. Required Findings for Approval of Tree Removal Permit. The required finding is in standard font with Staff’s response following in italics.

1. The tree is in poor condition and is in danger of falling within proximity to existing structures, high pedestrian traffic areas such as parking lots, playgrounds and pedestrian walkways, or interference with utility services that cannot be controlled or remedied through reasonable preservation and/or preventive procedures and practices; or A qualified arborist assessed the 44 trees proposed for removal and found the majority to be in fair condition. When final grading plans are prepared, it may be possible to retain trees that are not needed for construction. In this event, these trees will be retained and protected. [Note that the Tree Committee is not required to make this finding because the Committee can instead make findings 5-8; see MCC § 17.62.060C.]

2. The tree is host to a plant, or insect, or other parasitic organism which endangers other adjacent healthy trees; or
A qualified arborist assessed the 44 trees proposed for removal and found the majority to be in fair condition. [Note that the Tree Committee is not required to make this finding because the Committee can instead make findings 5-8; see MCC § 17.62.060C.]

3. The location of more than three (3) trees conflicts with the construction of street or sidewalk improvements, storm drain, traffic signals or signs; or The location of multiple trees proposed for removal would interfere with the proposed infrastructure improvements and the development of Opportunity Area 3.2 with an additional five to seven feet of fill for a commercial development, as documented on the Site Plan and in the Arborist Report.

4. The number of trees on the site is in excess of the number of healthy trees the site is able to support, based on such considerations as tree species, growth characteristics, general health of the stand, tree age, solar orientation and soil condition; or A qualified arborist assessed the health of individual trees within the project area but did not offer an opinion on the number of healthy trees the site is able to support. [Note that the Tree Committee is not required to make this finding because the Committee can instead make findings 5-8; see MCC § 17.62.060C.]

5. The applicant outlines other clearly documented and compelling reasons for the removal or relocation of a tree which do not include the elimination of falling leaves or shade, or improving a view; and
16 All forty-four trees proposed for removal, including the three trees are dead and seventeen are in poor health directly impede the grading and construction of the site for commercial development.

6. The tree does not serve as part of a windbreak system, or assist in drainage or in the avoidance of soil erosion, or serve as a component of a wildlife habitat, or otherwise play a prominent role in maintaining the existing urban forest; and Most of the trees proposed for removal were found by an arborist to be in fair condition. The trees do not serve as part of a windbreak system. Mitigation measures described in the Arborist Report and in the Conditions of Approval above will reduce impacts of tree removal related to drainage, soil erosion, and wildlife habitat. Qualifying trees will be replaced at a 2:1 ratio ensuring preservation of the City’s urban forest.

7. Due to the tree’s contribution to the aesthetic beauty of the area, the removal would not have a substantial detrimental effect on neighboring property values; and Although aesthetic judgements are subjective, the City has established a process for designating aesthetically significant trees as landmark trees (MMC Section 17.62.070). None of the trees proposed for removal have been designated as a landmark tree. Because the majority of the trees are located within an existing transportation corridor and more than 200 feet away from residential properties, removal of the trees is unlikely to have a substantial detrimental effect on neighboring property values.

8. If the removal request is concurrent with development plans for the property and the development plans indicate that it is necessary to remove or relocate the tree to enable reasonable and conforming use of the property which is otherwise prevented by the location of the tree.

The applicant made an effort to protect as many trees within the project area as possible, reducing the number of trees proposed for removal to 44. To accommodate the required infrastructure, 44 trees must be removed. Qualifying trees will be replaced at a 2:1 ratio or an in-lieu fee provided consistent with the requirements of MMC Section 17.62.060.

Design Review Findings
The review authority shall consider all necessary plans, drawings and statements in an endeavor to encourage buildings, structures, or other improvements to be designed and constructed, and so located, that they will not be unsightly, undesirable or obnoxi ous in appearance to the extent that they will hinder the orderly and harmonious development of the city, impair the desirability of residence or investment or occupation in the city, limit the opportunity to obtain the optimum use and value of the land and improvements, impair the desirability of living conditions on or adjacent to the subject site, conform with the standards included in the local coastal land use plan and/or otherwise adversely affect the general welfare of the community.

The proposed automobile dealership project is consistent with the City’ s Design Review criteria and will not be detrimental to public health, safety, or general welfare. The project has been 17 designed to support attractive and functional commercial use while maintaining compatibility with the character of the City of Marina and the surrounding area. The site layout provides clear and efficient vehicular circulation, including customer access, vehicle display areas, and serv ice operations, while minimizing potential conflicts with pedestrian movement.

The architectural design incorporates contemporary forms, high -quality materials, and careful modulation of building mass to reduce visual bulk and create a cohesive and visually appealing development. Vehicle display areas, lighting, and signage have been thoughtfully integrated into the overall design to ensure visibility appropriate for a dealership use while avoiding excessive visual clutter or glare that could impact adjacent properties or public rights-of-way.

Landscaping has been incorporated along street frontages and throughout the site to soften the appearance of vehicle display areas, enhance the streetscape, and contribute to the City’ s coastal aesthetic. The project’ s lighting plan is designed to provide adequate illumination for safety and security while minimizing light spillover onto adjacent properties. All improvements are conditioned to comply with applicable City standards and design guidelines.

Based on the foregoing, the project achieves a high -quality design that is compatible with its surroundings and consistent with the intent of the City’ s Design Review requirements. Therefore, the findings to approve the Design Review Permit can be made.

California Environmental Quality Act Findings
Staff has assessed the proposed project in relation to the University Village Environmental Impact Report (EIR) prepared for the University Village Specific Plan and recommend that the Planning Commission and City Council determine that no further environmental review is required pursuant to Section 15162 (“Subsequent EIRs and Negative Declarations”) of the CEQA Guidelines.

The proposed automobile dealership project has been reviewed for consistency with the environmental analysis conducted in the certified Environmental Impact Report (EIR) for the University Village Specific Plan. The project site is located within the bound aries of the Specific Plan area and is consistent with the development assumptions, and intensity of development evaluated in the EIR. See CEQA Guidelines § 15183; Cal. Pub. Resources Code § 21083.3(b).

Pursuant to CEQA Guidelines Sections 15162 and 15168, the City has determined that the proposed project would not result in any new significant environmental impacts, nor would it substantially increase the severity of previously identified significant imp acts beyond those analyzed in the Specific Plan EIR. The project does not introduce new environmental effects or incorporate changes that would require major revisions to the prior environmental document.

All applicable mitigation measures identified in the University Village Specific Plan EIR that are relevant to the proposed development will be applied to the project through conditions of approval, as appropriate. Therefore, no subsequent or supplemental environmental review is required, and 18 the certified EIR for the University Village Specific Plan adequately addresses the environmental effects of the proposed project. Based on the foregoing, the City finds that the proposed project is within the scope of the previously certified EIR, and no additional environmental analysis is required under CEQA.

2049699.1
19 1

EXHIBIT B
Car Dealership Conditions of Approval
Conditions modified by the Planning Commission on April 23, 206 are underlined or have strikethroughs. Recommended conditions modified by city staff after the Planning Commission hearing are in yellow, subject to City Council approval.

The recitals from the project resolution are incorporated by reference into the attached conditions of approval.

1. Approved Use. The permittee shall execute, construct, and operate the project in accordance with the approved application materials and plans dated February 27, 2026, as amended by the following conditions of approval. Any deviation from approvals must be reviewed and approved by staff and may require separate approval from the approving authority and/or further environmental review.

2. Effective Date, Expiration, and Extensions. This approval shall become effective immediately, except when an appeal period applies pursuant to Marina Municipal Code (MMC) Chapter 17.70, in which case actions shall become effective ten (10) days after the approval date provided that no appeal is filed. Approval shall expire two years from the Approval date, or from the date of the final decision in the event of an appeal, unless within such period a complete building permit application has been filed with the Community Development Department, or the authorized activities have commenced in the case of a permit not involving construction. Upon written request and payment of appropriate fees submitted no later than the expiration date of this Approval, the Community Development Director or designee may grant a one-year extension of this date, with additional extensions subject to approval by the approving body. Expiration of any necessary building permit or other construction-related permit for this project may invalidate this Approval if said Approval has also expired. If litigation is filed challenging this Approval or its implementation, then the time period stated above for obtaining necessary permits for construction and/or commencement of authorized activities is automatically extended for the duration of the litigation.

3. Compliance with Other Requirements. The permittee shall comply with all other applicable federal, state, regional, and local laws, codes, requirements, regulations, and guidelines. Compliance with other applicable requirements may require changes to the approved use and/or plans. These changes shall be processed in accordance with the procedures contained in Condition #4.

4. Compliance with Specific Plan. This project and all subsequent projects within this site shall be consistent with the University Village Specific Plan. All applicable University Village Specific Plan Environmental Impact Report (EIR) Mitigation and Monitoring Program (MMRP) conditions shall be applicable and enforceable upon this project.

5. Modifications. Any modification to the approved project, site plan, conditions of approval, or use requires consistency review and approval by Community Development 20 2

Director. Major revisions may require review and approval by the original approving body.

6. Compliance with Conditions of Approval. The permittee shall be responsible for compliance with all Conditions of Approval. The City reserves the right at any time during construction to require certification by a licensed professional at the permittee’s expense that the as-built project conforms to all applicable requirements. Violation of any term, project description, or Condition of Approval is unlawful and prohibited. In the case of noncompliance with the requirements of a Use Permit, Marina Municipal Code (MMC) Section 17.58.060 allows for the revocation of said permit. The City reserves the right to initiate civil and/or criminal enforcement and/or abatement proceedings where violations are present, consistent with MMC Chapters 1.08, 1.10 and 1.12.

7. Revocation. Where one or more project Conditions of Approval are not met, or where a project was approved on the basis of false material information given willfully, intentionally or negligently by the permittee, the appropriate authority may revoke or modify the approval for the project.

8. Indemnification. To the extent allowable by law, the permittee agrees to hold the City harmless from costs and expenses, including attorney’s fees, incurred by the City or held to be the liability of the City in connection with the City’s defense of its actions in any proceeding brought in any state or federal court challenging the City’s actions with respect to the project. The permittee understands and acknowledges that the City is under no obligation to defend any legal actions challenging the City’s actions with respect to the project.

9. Record Retention. The permittee shall retain full and complete copies of all permits and other regulatory approvals issued in connection with the project, including but not limited to conditions of approval, approved plans, and resolutions. In the event the City cannot locate full and complete permits or other regulatory approvals in its official records, and the permittee fails to retain full and complete permits or other regulatory approvals, any ambiguities or uncertainties that would be resolved through an examination of the missing documents will be conclusively resolved against the permittee.

10. Violation of Code. Any person who does any work or uses, occupies or maintains any building or structure, or causes the same to be done, or does any grading, contrary to or in violation of Title 15, Buildings and Construction, or of any of the uniform codes adopted by Title 15 is guilty of an infraction pursuant to Marina Municipal Code (MMC) Section

15.04.060.

11. Grading Permit. Grading work disturbing at least 50 cubic yards or 2,500 square feet of a property within the City requires a grading permit meeting all requirements of Marina Municipal Code (MMC) Section 8.46.130 regarding stormwater retention. The permittee shall secure a grading permit before beginning grading work.

21 3

12. Notice of Exemption. That within five (5) days from the date of action upon the permit of this project by City Council the applicant shall submit to Planning staff a check payable to the “Monterey County Clerk” in the amount of $50.00 to pay for the fee for filing the notice of exemption.

13. Landscape Maintenance. Prior to the issuance of a building permit, the applicant shall provide a bond or other surety acceptable to the City to guarantee that the installed landscaping shall remain in a healthy and growing condition for a minimum of two years from the date of occupancy approval. The amount of the surety shall be a minimum of ten percent of the actual or estimated costs of the installation accepted by the Planning Services Division. An amount greater than ten percent may be required by the Planning Services Division if more exotic, less reliable plant material is specified in the approved planting plan. Two years after the approval of occupancy, the applicant shall contact the Planning Services Division to arrange for an inspection of the landscaping. If or when all landscaping shown on the approved plans is in place and is healthy and growing condition, the surety shall be returned to the entity that provided the surety or to another entity upon proof of transfer. If plant material is dead, dying or missing and the applicant does not take steps to restore the landscaping, the City shall have the authority to use the surety for the restoration of the landscaping.

14. Site Maintenance. The project site shall be kept in a nuisance-free condition, and healthy and well-kept landscaping shall be continuously maintained. Any existing blight or nuisance shall be abated within seventy-two hours of receiving a notice from the City of Marina.

15. Monterey Bay Air Resources District (Permit). Prior to issuance of construction permit(s), the Owner/Applicant shall submit evidence to the Building Division, that the appropriate permits have been obtained from Monterey Bay Air Resources District.

16. Monterey Bay Air Resources District (BMPs). The Owner/Applicant shall utilize Best Management Practices (BMPs) for fugitive dust control measures. Best Management Practices (BMPs) notes shall be included on all building and/or grading permits for construction activities that may result in soil/ground disturbance

17. Bicycle Facilities. Prior to the issuance of building permits the site plan shall be modified to show the placement of one bike rack per Section 5.7 of the University Village Specific Plan. Prior to occupancy, the bike rack shall be installed.

18. Trash Enclosures and Maintenance Building. Prior to the issuance of building permits the applicant submit shall coordinate with the waste hauler for the site and submit proof that adequate service will be accommodated/contracted for the project site. The applicant shall demonstrate the service provider approves of the size and final location of the trash enclosure.

22 4

19. Environmental Health Clearance. Prior to the issuance of building permits, clearance from the Monterey County Department of Environmental Health shall be obtained and provided to the Community Development Department.

20. Development Impact Fee (DIF). The developer shall comply with the provisions of Title 3, Chapter 3.26 of the Marina Municipal Code and all its resolutions by paying the appropriate City fee.

21. Parking Plan. Prior to the issuance of building permits the applicant shall provide a parking plan that denotes customer and employee parking. Additionally, the applicant shall submit revised construction drawings that identify the right of way in front of the project as “green curbed” or for short term limited parking of no more than twenty-thirty (20-30) minutes.

22. Silent Paging System. Due to the project location adjacent to residential neighborhoods a silent paging system throughout the project site shall be implemented. No loudspeakers shall be used as part of daily business operations.

23. Construction Noise. Unless otherwise authorized, construction activities shall be conducted in compliance with Marina Municipal Code (MMC) Section 15.04.055 and all non-emergency construction or repair work shall be limited to the following schedule:

Monday through Saturday: 7 a.m. to 7 p.m.

Sunday and holidays: 10 a.m. to 7 p.m. (For the purposes of this section, “holidays” shall include New Year’s Day, July 4th, Thanksgiving and Christmas) During daylight savings time, the hours of construction may be extended to 8 p.m.

No construction, tools, or equipment shall produce a decibel level of more than sixty (60) decibels for twenty-five (25) percent of an hour at any receiving property line.

24. Operational Noise. Noise levels from the project site after completion of the project (i.e., during project operation) shall comply with the performance standards of Marina Municipal Code (MMC) Chapter 9.24. If noise levels exceed these standards, the activity causing the noise shall be abated until appropriate noise reduction measures have been installed and compliance verified by the City

25. Lighting. Prior to the issuance of building permits, the applicant shall be required to submit a detailed lighting plan to ensure dark sky principles are incorporated into the final design of the building and light pollution does not occur. Exterior lighting fixtures shall be adequately shielded to a point below the light bulb and reflector prevent unnecessary glare onto adjacent properties. After installation, the Community Development Director or designee shall retain the right to require reduction in the intensity of illumination or change of light color if said illumination creates any undue public nuisance. The following shall be shown within the construction drawings:

a. The project shall provide step-down lighting as the project is adjacent to residential neighborhoods. The step-down lighting shall occur each evening between the following intervals: 6:00 P.M., 7:30 P.M, and 10:30 P.M. 23 5

b. Site lighting systems and showroom lighting shall be grouped into control zones to allow for open, closing, and night light/security lighting schemes. All control groups shall be controlled by an automatic lighting control system utilizing a time clock, photocell, and low voltage relays.

26. Hours of Operation. The car dealership will be operational Monday-Friday (830AM- 7PM); Saturday 830AM-6PM; Sunday 10AM-6PM. Monday-Friday 8AM-9PM; Saturday 830AM-8PM; Sunday 10AM-7PM. The service stations will be operational M- F 8AM-530PM; Saturday 8AM-2PM Monday-Friday 7AM-7PM; Saturday 8AM-4PM; Sunday-Closed. The service stations will be closed on Sundays. Significant modifications to the hours of operation will be subject to review and approval by the Community Development Director.

27. Signage
a. Master Sign Program. Prior to the occupancy of the buildings on site, the applicant will submit a master sign program for review and approval by the Planning Commission.

Separate from the Master Sign Program, per the Incentive Package, prior to occupying the building the City Council shall retain design approval for the monument sign on the westerly border of the property.
b. Illumination. The Community Development Director or designee shall retain the right to require reduction in the intensity of any illumination that creates undue public nuisance.
c. Maintenance of Signs. Signs shall be installed, maintained, and removal of signs shall be regulated in accordance with Marina Municipal Code (MMC) Chapter 17.46 including, but not limited to, the abatement of abandoned signs and the enforcement of violating signs.

28. Incentive Package Conditions of Approval (City Council Resolutions 2025-49, 2025-83, and 2026-45)

City Council Resolution 2025-49
a. The City Council shall have final approval after review from the Tree Committee and the Planning Commission for Site Plan and Architectural Design Review; b. That the dealership produces an accurate computer simulation video prior to Planning Commission review;
c. That any gateway sign be consistent with City monument design requirements and that any dealership signage refer to “Mercedes of Marina”; d. That the proposed lighting for the dealership site minimizes impact to the night sky; e. To consider future specific agreement amendments subject to mutual agreement by City and Developer; and
f. Implement preference for local hires when feasible.

City Council Resolution 2025-83
24 6

1. Approve amending the sales tax revenue sharing agreement between the City of Marina and Unstoppable Automotive MBMCA LLC to change the dealership name from Mercedes-Benz of Marina to Mercedes-Benz of Monterey

2. Clarification on the Gateway Sign:
a. Consistent with city monument design requirements to say “City of Marina”; b. Designed, constructed and maintenance to be paid for by developer; and c. To exist in perpetuity.

3. That the two parties discuss revenue sharing/contribution by developer to City at some future point in time, like the 10-year or 15-year mark, once Mercedes-Benz is established and doing well.

4. All other conditions of approval of May 20, 2025, to remain the same.

5. Authorize the City Manager to execute the agreement subject to final review by the City Attorney, and:

6. Authorize the Finance Director to make the necessary budgetary and accounting entries.

29. Encroachment Permit. Any improvements or staging within the City Right -of-Way will require an Encroachment Permit and a Public Improvement Agreement with the City.

Improvements in the right-of-way shall conform to the City Standard Details and the Dunes Specific Plan with Tentative Map Conditions (as amended).

30. Traffic Control Plan. If temporary closure of the public right -of-way is required for construction and/or staging, the permittee shall receive an encroachment permit from the Public Works Department, which includes a Traffic Control Plan to be approved by the City Engineer.

31. Road, Sidewalk, and Landscape Condition. All affected roads, sidewalks, and landscaped areas shall be restored to original or better condition following completion of work in the right(s)-of-way.

32. Grading Permit. Due to the scope of the project, a Grading Permit will be required.

Provide the following for the Permit Plan Review submittal:
a. Preliminary Title Report not more than 6 months old. b. Hydrology Report for the proposed on-site drainage system. c. Show all proposed spot elevations showing positive drainage away from all proposed structures and property lines. Hillsides shall be graded (e.g. drainage swales) to capture runoff before reaching the City right -of-way or adjacent properties.
d. Show the sediment capture/pre -treatment features (for parking lots) and retention systems for capturing on -site runoff with pipe sizing and invert elevations. If 25 7

driveways are sloped towards the City right -of-way, show a driveway catchment system preventing runoff from leaving the property.

33. Lighting Plan. A Photometric & Lighting Plan shall be submitted to the Public Works and Community Development Departments for review and approval prior to issuance of the Grading building permit. Special consideration shall be given to the project’s close proximity to residential development and Highway 1.

34. Off Site Improvements. For any offsite improvements not within the City’s right-of-way, the applicant shall obtain the necessary approvals from the Property Owner or Public Agency (e.g. Caltrans) prior to issuance of the Grading Permit.

35. MCWD Approval. The applicant shall coordinate with the adjacent Developer (Shea Homes) and the special water district (Marina Coast Water District) for approval of the project’s proposed sewer and water improvements.

36. Phase 3 Grading Plans. Proposed site grading shall conform to the previously approved Dune’s Phase 3 South opportunity site grading plans.

37. Spot Elevations. Upon submittal of grading/Site Plan additional Spot elevations will be necessary. These locations include all curb returns at parking islands, grade breaks at curbs, and defined flow lines in the paving. Exterior spot elevations may be necessary.

38. Geotechnical Review. A geotechnical soils investigation will be required to determine the infiltration rates and pavement sections as well as all standard structural requirements for a project of this size.

39. Delivery Routes. A Delivery Route shall be established in the plan set with turning templates for along City streets. This route shall follow existing collector and arterial roadways (e.g. 2nd Ave, Divarty St) and avoid residential roads (e.g. 3rd St).

40. Landscaping Plans. The preliminary landscape plans submitted on April 2, 2026 show trees are not planted over various existing Utility Easements along 1 st Ave. Consult with the owner of the facility to determine if trees will be acceptable within the easements.

41. Drainage. On site drainage to be designed to infiltrate 100-year storm events through water quality treatment systems. The system shall comply with City Standards (MMC Chapter

8.46) and the National Pollution Discharge Elimination System (NPDES) with its requirements.

42. Green Curb Parking Study. Due to proximity to adjacent Residential and Commercial developments, parking along 1st Avenue shall be restricted per Marina Municipal Code section 10.44 to 20-30 minutes min/hrs between the hours of 9am and 6pm on any day (except for Sundays and Holidays). Within one (1) year of operation of the business, the applicant shall enter into a reimbursement agreement with the City so a third-party vendor can prepare a parking study to ascertain the true parking patterns at the business. 26 8

The Public Works Director shall have the authority to modify the right of way parking based on said parking study.

43. Fire Prevention. The Marina Fire Department, under the authority of the Fire Chief or his/her designee, has reviewed the proposed project for compliance with applicable fire and life safety regulations. Approval of this project is contingent upon full compliance with the 2025 California Fire Code (CFC), and all locally adopted amendments as enforced by the City of Marina and Monterey County. The applicant is hereby notified that all fire protection systems, site improvements, and life safety features shall be installed, tested, and approved prior to the issuance of a Certificate of Occupancy. Failure to comply with these requirements may result in delays in project approval, withholding of the Certificate of Occupancy, or enforcement action as permitted by law. All fire protection features and systems shall be designed, submitted, reviewed, installed, and tested to the satisfaction of the Fire Chief or his/her designee and in accordance with the 2025 California Fire Code, including but not limited to the following:

1. Fire Apparatus Access and Site Access
a. The project shall provide and maintain fire apparatus access in accordance with CFC Chapter 5, including:
b. Fire apparatus access roads shall have a minimum unobstructed width of 20 feet and vertical clearance of 13 feet 6 inches (or as locally amended), per CFC 503.2.1 and 503.2.1.1.
c. Approved turnaround facilities shall be provided for dead-end access roads exceeding allowable lengths, per CFC 503.2.5.
d. Fire lanes shall be maintained free of obstruction at all times and shall be marked with approved signage and striping, per CFC 503.3 and 503.4. e. Security gates shall be approved by the Fire Department and equipped with approved emergency access (e.g., Knox Box system), per CFC 503.6 and 506.1.
f. Roadways shall provide adequate turning radius for fire apparatus, per CFC 503.2.4.

2. Water Supply and Fire Flow
An approved water supply for fire protection shall be provided in accordance with CFC Chapter 5 and Appendix B / MC as adopted by the City of Marina:
a. Fire flow shall be determined based on building size, construction type, and fire protection systems, per CFC 507.3. or Appendix B

27 9

b. Fire hydrants shall be located such that all portions of the building are within the required distance, per CFC 507.5.1 and Appendix C C102.1 (Number of Hydrants).

3. Fire Protection Systems (Sprinklers and Fire Department Connections) Fire protection systems shall be installed as required and approved by the Fire Department:
a. Automatic fire sprinkler systems shall be designed and installed in accordance with CFC 903.2 2025 Monterey County Fire Code Amendment (NFPA 13 standards).
b. Fire Department Connections (FDC) shall be located in an approved, accessible location, per CFC 912.2.
c. Underground fire service lines shall be reviewed and approved prior to installation.
d. Plans for all fire protection systems shall be submitted for review and approval prior to installation, per CFC 901.2, and systems shall be tested and accepted prior to occupancy, per CFC 901.4.

4. Hazardous Materials and Operations
The use, storage, and handling of hazardous materials shall comply with CFC Chapter 50 and applicable specialty chapters, including:
a. Flammable and combustible liquids, per CFC Chapter 57 b. Compressed gases, per CFC Chapter 53
c. Motor fuel storage and dispensing, per CFC Chapter 23 All systems shall be properly permitted, installed, and inspected prior to operation.

5. Emergency Responder Radio Coverage (ERCES)
Buildings shall provide adequate radio coverage for emergency responders in accordance with CFC 510:
a. All areas of the building shall maintain required radio signal strength, per CFC 510.4.1.1.
b. Where required, an Emergency Responder Communication Enhancement System (ERCES) shall be installed, including BDA systems and donor antennas, per CFC 510.4.
28 10

c. A radio coverage survey shall be conducted, and system design shall be approved prior to installation, per CFC 510.4.1.
d. Acceptance testing shall be completed by a qualified technician prior to issuance of the Certificate of Occupancy, per CFC 510.5.1.

6. Inspections, Testing, and Final Approval
a. All required fire and life safety systems shall be subject to inspection and approval by the Marina Fire Department.
b. Acceptance testing shall be completed for all applicable systems prior to occupancy.
c. No Certificate of Occupancy shall be issued until all fire department requirements have been satisfied and approved.

44. Tree Removal. The removal of forty four (44) trees, subject to Chapter 17.62 of the Marina Municipal Code and University Villages Specific Plan requirements, per the arborist reports submitted by Denise Duffy and Associates on April 18, 2025, May 12, 2025, and February 2026 incorporated by reference into this resolution is authorized with the approval of this project. Of the forty-four trees requested to be removed, twenty-two (22) are in good to fair condition and require replacement at a 2:1 ratio based upon the combined diameter at breast height (DBH) of the healthy trees to be removed. If said replacement trees will not be planted at Opportunity Area 3.2 (Car Dealership Site) the applicant (Mercedes Benz) shall submit a written plan for planting replacement trees within another property within University Village Specific Plan Dunes Development with written consent from Marina Community Partners for approval by the Community Development Director.

45. Replacement Planting. Replacement trees shall be fifteen-gallon trees in locations with the greatest openings to minimize competition and maximum sunlight. (If fifteen-gallon sizes are unavailable, smaller sizes may be substituted.) The spacing between trees shall be at least eight (8) feet. Watering for establishment within the first two (2) months shall be at least once (1) per week, then every two (2) weeks during the late spring, summer, and fall for two (2) years.

46. Trees #712/752. That trees #712 and #752 shall be retained to the extent feasible per the draft site plan provided by the applicant in the revised arborist report. If said trees cannot be retained the applicant shall submit documentation for review by the Community Development Director for why removal is required.

29 11

47. Native Species. Prior to the issuance of building permits the applicant shall demonstrate that a majority of the plants are native species per input from the Tree Committee on May 15, 2025.

48. Special Surveys. Prior to the removal of trees, a qualified biologist shall survey the trees for presence of roosting bats. If special -status bat species are present, the following measures shall be implemented:
a. Tree removal shall not occur if maternity bat roosts are present (between April 15 and August 1) in the trees to be removed.
b. No tree removal may occur within 300 feet of the maternity roost until all young bats have fledged, as determined by a qualified biologist. c. If special-status bats are present but there is not an active maternity roost, a Memorandum of Understanding (MOU) with the California Department of Fish and Wildlife (CDFW) must be obtained in order to remove the animals prior to tree removal. Alternate habitat may need to be provided if bats are to be excluded from maternity roosts. A roost with comparable spatial and thermal characteristics must be constructed as directed by a qualified biologist. In the event that adult bats need to be handled and relocated, a qualified biologist shall prepare and implement a relocation plan subject to approval by CDFW that includes relocating all bats found on-site to an alternate suitable habitat. A Mitigation and Monitoring Plan that mitigates for loss of bat roosting habitat must be prepared by a qualified biologist and approved by CDFW prior to tree removal.

49. Display of Tree Removal Permit. Prior to and during the removal of any tree approved for removal, a copy of the tree removal permit shall be displayed on site. If no tree removal permit is displayed, the City will issue a stop work order and commence the City’s administrative fine process.

50. Site Restoration Plan. The ground surface shall be restored in the vicinity of the tree removals. Restoration shall include but not be limited to the removal of tree stumps and filling of any holes left by the removal.

51. New Trees. Tree starts that are less than six inches in diameter and that grow larger than six inches in diameter prior to the grading of the site must be replaced at 2:1 ratio, subject to the approval of the Community Development Director.

52. Permit Authorization and Signature. The planning permits are not valid, and construction shall not commence until the below affidavit is signed and the approved Conditions are returned to the Community Development Department.

a. I attest to the truth and correctness of all the facts, exhibits, maps, and attachments presented with and made a part of the application for the [ Insert Project Description].
30 12

b. I understand and agree to implement all conditions throughout the duration of the project.
c. I acknowledge that any changes to the conditions of approval would require modification of the conditional use permit by the approval authority.

Permittee’s Name:

Permittee’s Signature: Date:

d. I am the owner of the property involved in this project, and I authorize the person named above to act on my behalf throughout the duration of the project.

Property Owner’s Name:

Property Owner’s Signature: Date:

53. Prior to occupying the building, Shea Homes shall demonstrate compliance with City standards for curb, gutter, paving and striping. The applicant (Unstoppable Group) is responsible for improvements behind the curb. These improvements shall include but are not to limited to be off street bicycle facilities (Class 1 Pathway) as shown on the Dunes Phase 3 Off Site Improvement Plans approved by the City on February 20, 2025 in conformance with the Dunes Specific Plan and plan check comments sent to the applicant (Unstoppable Group) on March 26, 2026.

31 LEVEL 02
14' - 0"
SHOWROOM - B.O. FASCIA
28' - 0"

PARTS MEZZANINE
12' - 0"
K QLGED FC JH H.7H.3E.9 F.9F.3 P
11' - 0"
SHOWROOM - T.O. FASCIA
31' - 0"
3' - 0"
4' - 0"
24' - 0"
28' - 0"
LEVEL 01
0' - 0"
LEVEL 02
14' - 0"
SHOWROOM - B.O. FASCIA
28' - 0"

PARTS MEZZANINE
12' - 0"
SHOWROOM - T.O. FASCIA
31' - 0"
LEVEL 02
14' - 0"
SHOWROOM - B.O. FASCIA
28' - 0"

PARTS MEZZANINE
12' - 0"
10 7 3 27.911 7.1 1899.2
SHOWROOM - T.O. FASCIA
31' - 0"
6 5.8 5
LEVEL 01
0' - 0"
LEVEL 02
14' - 0"
SHOWROOM - B.O. FASCIA
28' - 0"

PARTS MEZZANINE
12' - 0"
28' - 0"
B AA1.2A1.1
SHOWROOM - T.O. FASCIA
31' - 0"

THESE DOCUMENTS ARE INCOMPLETE AND NOT FOR REGULATORY

APPROVAL, PERMIT, OR CONSTRUCTION PURPOSES
CALIFORNIA REGISTERED ARCHITECT:

SHEET NOTES

GENERAL NOTES
© Gensler
Date Description
Project Name
Project Number
Description
Scale
Seal / Signature
2024
Tel 214.273.1500
Fax 214.273.1505
5005 Greenville Avenue
Dallas, TX 75206
United States
ERIC A. JAMES
LICENSE #
C-24187

P R E L I M I N A R Y
1/16" = 1'-0"
A2.00

OVERALL BUILDING ELEVATIONS

27.8360.000

MERCEDES-BENZ OF

MONTEREY

MERCEDES-BENZ

OF MONTEREY
xxxx
Marina, California
02/09/2024
SCALE: / REF: 1/16" = 1'-0"
OVERALL EXTERIOR ELEVATION - SOUTH01
SCALE: / REF: 1/16" = 1'-0" 01 A1.11A
OVERALL EXTERIOR ELEVATION - WEST02
SCALE: / REF: 1/16" = 1'-0"
OVERALL ELEVATION 05 - EAST04
SCALE: / REF: 1/16" = 1'-0" 01 A1.11A
OVERALL EXTERIOR ELEVATION - NORTH03

EXHIBIT C
32 LEVEL 02
14' - 0"
SHOWROOM - B.O. FASCIA
28' - 0"

PARTS MEZZANINE
12' - 0"
10 7
2' - 0"
GL10 CW01*

7.9 MT10* MT10*
MT10*
11 3' - 4 1/2" 4' - 0" 4' - 0" 4' - 0" 6' - 11" 6' - 2" 6' - 11" 4' - 0" 4' - 0" 4' - 0" 4' - 0" 4' - 0" 2' - 2 1/8" 4' - 0"
TYP.
4' - 0"

EQ EQ EQ EQ

89.2 SHOWROOM - T.O. FASCIA
31' - 0"
6 5.8 5
SHOWROOM - B.O. FASCIA
28' - 0"

PARTS MEZZANINE
12' - 0"
GL10 CW01*
GED
MT10*
GL10 CW01*
FC HE.9 F.9F.3
SHOWROOM - T.O. FASCIA
31' - 0"

EE DE CE AE
HE
TYP
2' - 0" 2' - 0" 1' - 5 1/2"
TYP
2' - 0"
3' - 1" 4' - 9 1/2"
TYP
4' - 9 1/2" 4' - 9 1/2" 4' - 9 1/2" 1' - 7 1/8"
TYP
4' - 9 1/2"4' - 9 1/2"
1' - 6"
2' - 0"
TYP
2' - 0"
1' - 0"
LEVEL 01
0' - 0"
LEVEL 02
14' - 0"
SHOWROOM - B.O. FASCIA
28' - 0"
GL10CW01*

7.2 9.1 10.1 11.311.17.47.3
SHOWROOM - T.O. FASCIA
31' - 0"
1' - 6"
TYP
2' - 6"

EQ EQ EQ
1'-9" MIN 7' - 0" 1'-9" MIN
TYP
2' - 6"1' - 6" EE DEFE
LEVEL 01
0' - 0"
LEVEL 02
14' - 0"
SHOWROOM - B.O. FASCIA
28' - 0"
GL10 CW01*
B
MT10*
AA1.2 A1.1
SHOWROOM - T.O. FASCIA
31' - 0"
IE FE
4' - 8 1/2"
TYP
4' - 8 1/2"
TYP
2' - 0"

THESE DOCUMENTS ARE INCOMPLETE AND NOT FOR REGULATORY

APPROVAL, PERMIT, OR CONSTRUCTION PURPOSES
CALIFORNIA REGISTERED ARCHITECT:

A

SHEET NOTES

GENERAL NOTES

KEY PLAN
© Gensler
Date Description
Project Name
Project Number
Description
Scale
Seal / Signature
2024
Tel 214.273.1500
Fax 214.273.1505
5005 Greenville Avenue
Dallas, TX 75206
United States
ERIC A. JAMES
LICENSE #
C-24187

P R E L I M I N A R Y
1/8" = 1'-0"
A2.01

BUILDING ELEVATIONS - AREA A

27.8360.000

MERCEDES-BENZ OF

MONTEREY

MERCEDES-BENZ

OF MONTEREY
xxxx
Marina, California
02/09/2024
SCALE: / REF: 1/8" = 1'-0" 01 A1.11A
EXTERIOR ELEVATION - AREA A EAST04
SCALE: / REF: 1/8" = 1'-0"
EXTERIOR ELEVATION - AREA A SOUTH01
SCALE: / REF: 1/8" = 1'-0" 01 A1.11A
EXTERIOR ELEVATION - AREA A WEST02
SCALE: / REF: 1/8" = 1'-0" 01 A1.11A
EXTERIOR ELEVATION - AREA A NORTH03

EXHIBIT C
33 LEVEL 02
14' - 0"
SHOWROOM - B.O. FASCIA
28' - 0"

PARTS MEZZANINE
12' - 0"
10732 7.97.1 9 9.2
SHOWROOM - T.O. FASCIA
31' - 0"

65.8 LEVEL 02
14' - 0"
SHOWROOM - B.O. FASCIA
28' - 0"

PARTS MEZZANINE
12' - 0"
K
Q
L
MT10*
EP01* SC01
JH H.7H.3 P
SHOWROOM - T.O. FASCIA
31' - 0"
LEVEL 02
14' - 0"
SHOWROOM - B.O. FASCIA
28' - 0"

PARTS MEZZANINE
12' - 0"
KL J H.7 H.3P
SHOWROOM - T.O. FASCIA
31' - 0"
LEVEL 02
14' - 0"
SHOWROOM - B.O. FASCIA
28' - 0"

PARTS MEZZANINE
12' - 0"
3 2
EP01*
MT10*
SC01

7.19 SHOWROOM - T.O. FASCIA
31' - 0"
SCALE: / REF: 1/8" = 1'-0" 01 A1.11A
EXTERIOR ELEVATION - AREA B WEST02

THESE DOCUMENTS ARE INCOMPLETE AND NOT FOR REGULATORY

APPROVAL, PERMIT, OR CONSTRUCTION PURPOSES
CALIFORNIA REGISTERED ARCHITECT:

B

SHEET NOTES

GENERAL NOTES

KEY PLAN
© Gensler
Date Description
Project Name
Project Number
Description
Scale
Seal / Signature
2024
Tel 214.273.1500
Fax 214.273.1505
5005 Greenville Avenue
Dallas, TX 75206
United States
ERIC A. JAMES
LICENSE #
C-24187

P R E L I M I N A R Y
1/8" = 1'-0"
A2.02

BUILDING ELEVATIONS - AREA B

27.8360.000

MERCEDES-BENZ OF

MONTEREY

MERCEDES-BENZ

OF MONTEREY
xxxx
Marina, California
02/09/2024
SCALE: / REF: 1/8" = 1'-0" 01 A1.11A
EXTERIOR ELEVATION - AREA B SOUTH01
SCALE: / REF: 1/8" = 1'-0" 01 A1.11B
EXTERIOR ELEVATION - AREA B NORTH03
SCALE: / REF: 1/8" = 1'-0"
EXTERIOR ELEVATION - AREA B EAST04

EXHIBIT C
34 unstoppablegroup.com 40910 Temecula Center Drive
Building Relationships One Guest at a Time Temecula, CA 92951 Submitted via Email and On-line Portal
February 27, 2026
Guido Persicone
Community Development Director
City of Marina
RE: Submittal of Site Plan and Design Review Application Mercedes-Benz of Monterey Dealership
Applicant/Owner: Unstoppable Automotive MBMCA, LLC , a California limited liability company dba Mercedes-Benz of Monterey
Architect: Gensler
Ass essor Parcel Number: A PN for parcel OP-3.2 is 031-221-025 Dear Mr. Persicone,
Attached to this letter is the submittal of a Site Plan and Design Review Application (SADRA) for development of the Mercedes-Benz dealership in the City of Marina. This application has been prepared by a team of architects, engineers, arborists and other consultants and is intended to be as responsive and complete relating to the City’s requirements. I ncluded in this submittal are 16 exhibits, including site plans, landscape plans, tree removal plans and other information necessary to support the application. This application does contain the arborist report and necessary findings for issuance of the tree removal permit as well.

It is our understanding that this application is subject to review and approval by the Planning Commi ssion, with review and final approval by the City Council, per their previous request last year. W e appreciate the timely review by staff and opportunity to clarify and provide additional information as necessary to present the application for approval to the Planning Commi ssion and City Coun cil in an expeditious manner. S eparate and apart

EXHIBIT D
35 unstoppablegroup.com 40910 Temecula Center Drive
Building Relationships One Guest at a Time Temecula, CA 92951

from this application, will be a submittal for the proposed south City monument or gateway sign, as the City Council had requested previously.

Thank you for the opportunity to present this application, and our team and I look forward to meeting with the City’s review team.

Unstoppable Automotive MBMCA, LLC.

By:

Name: Garth Blumenthal
Title: Owner
36 Mercedes SADRA Submittal Page 1

SITE PLAN AND DESIGN REVIEW APPLICATION (SADRA)

Project Summary
The project consists of site development for a new ground-up construction of a Mercedes- Benz of Monterey dealership (Project). The Project will include a sales showroom for vehicles and Sprinter vans, Service Shop with attached car wash, and a standalone detail building for the Sprinter Vans.

The Commercial Development Standards Worksheet (Exhibit 1), Project Description form (Exhibit 2), Environmental Setting form (Exhibit 3) are all attached for reference.

Project Team
Developer/Owner – Garth Blumenthal, [email protected], Ken Roycroft, [email protected], 949-521-0000

Building and Lead Architect – Gensler, Deeg Synder, [email protected] , Abbey Teeters, [email protected], 214-273-1543

Civil Engineer – Whitson Engineering, Andy Whitson,
[email protected] , Carrie Wright, [email protected] 831-649-5225

Landscape Architect – VTA, Byron Williams, [email protected] 707-224- 2299

Arborist – DDA, Patric Krabacher, [email protected] 831-373-4341x29

Entitlements/Planning – Doug Yount, [email protected], 831-277-3918

Site Plan
To illustrate the site design of the Project, please refer to the Preliminary Site Plan (Exhibit 4), Preliminary Drainage and Grading Plan (Exhibit 5), Preliminary Utility Plan (Exhibit 6).

Traffic/Circulation
Auto-turn analysis has been performed for a fire apparatus truck and a vehicle hauler, illustrating compatible turning radii throughout the Project site. Exhibits illustrating this access/turning have been included in the submission: Fire Vehicle Turning (Exhibit 7), Auto Carrier Turning (Exhibit 8). Project site design has been carefully planned so that no auto 37 Mercedes SADRA Submittal Page 2
carrier truck traffic will conflict with the Dunes neighborhoods to the north east, allowing trucks to enter and exit into the Project site for loading and unloading.

Off-site traffic to and from the site is assumed to follow patterns and volumes as anticipated within the traffic analyses of the certified EIR for the Specific Plan, as originally performed, and through subsequent addendums, as appropriate. Commute traffic to the Project for dealership workforce could be further mitigated by the forthcoming large MST transit center just to the north on First Avenue. As the Dunes master plan project is developing within the parameters of the Specific Plan, including the Project site, and that surrounding developments, including Campus Town, Sea Haven, etc, are developing within intensities and densities well within the Base Reuse Plan EIR and Specific Plan EIR cumulative analyses, no additional traffic analysis is anticipated to be needed or required.

Additionally, First Avenue has been recently redesigned and improved to the standards of the City of Marina for commercial and office development uses, particularly within the Specific Plan area surrounding the Project site. Ideally, First Avenue to the south of the Project site would remain two-way from Divarty to LIghtfighter, but this improvement is within the City of Seaside, and outside control of the Project developer, and possibly the City of Marina.

Landscaping
There is significant landscaping planned for the Project as illustrated on Exhibit 9 Preliminary Landscape Plan. Careful attention has been given to the planting palette to maximize the success of the plant and tree species in the marine climate of Marina. The preliminary concepts proposed for this Project include a variety of landscape features throughout, including 5 varieties of trees, 15 +/- species of shrubs and ground cover, all providing rich diversity, seasonal color and textural interest to the landscape design.

These landscaping features also front the facility along First Avenue, enhancing visual intrigue for public view, and are consistent with the modern, open format architectural design of the primary building.

Noise compliance
All noise compliance requirements will be met in accordance with the standards of the Specific Plan and City of Marina’s Municipal Code. There will be no outdoor speaker use on the site. Service of vehicles will be conducted in enclosed service bays, with access doors closed. Washing of vehicles will be on the north side of the Project site, facing future commercial uses, and away from the residential uses to the east. Site design allows for 38 Mercedes SADRA Submittal Page 3
the loading and unloading of vehicles on the Project site, not in the street, nor in adjacent streets (ie 3rd Street).

Lighting and Dark Sky Compliance
All dark sky’s regulations of the Specific Plan will be met. The lighting design is a compliment to the significant architectural quality of the Project, but also provides functionality of the property for both indoor and outdoor automotive sales. High efficiency fixtures and sophisticated optics are proposed which direct light where needed, without excessive glare. Dark sky principles are adhered to throughout the site, with uplighting of buildings and trees discouraged, and shielding of high intensity lighting fixtures. Particular attention is provided in lighting to minimize the effect of light dispersion to adjacent residential neighborhoods to the northeast. The lighting fixtures adhere to a consistent design theme throughout that compliments the high quality architecture of the buildings.

The specific lighting plan, photometrics, and fixture design to meet these requirements will be included in the building permit application.

Parking
Provided in Exhibit 4, Project Site Plan, is a parking analysis with all the relevant parking allocations identified. The table from this exhibit is replicated below:

39 Mercedes SADRA Submittal Page 4
As illustrated, the Project site exceeds the parking requirements as provided for in the Specific Plan and building code. All customer, service, delivery, and employee parking is conducted on-site. It is anticipated that some customers may park on First Avenue adjacent to the dealership, as is customary in any automobile dealership use. The site plan, however, allows for all anticipated customer parking on-site.

Building Design Elevations
Provided in Exhibit 10 are the Building Elevations for the Project. This exhibit includes four- sided elevations. Additionally, a video simulation flyby is provided in the following link:

https://vimeo.com/1168245102/6053e8e725?share=copy&fl=cl&fe=ci

As seen in the video and on the site plan, a significant amount of screening from Highway 1 will still exist on the site from the existing Cal Trans tree line adjacent to the Project.

Additionally, the landscape plan provides significant additional trees throughout the Project.

Sign concepts
Preliminary building signage has been identified on the building elevations, provided in Exhibit 10, Building Elevations. The specific site signage design will be addressed in a separate submission to the City, coordinating with the City’s signage requirements of the Specific Plan Master Sign Program, as amended.

General and Specific Plan Compatibility/Consistency
The Project is fully compliant and consistent with the University Villages Specific Plan (Specific Plan) and the City of Marina’s General Plan (General Plan), as it relates to land use and zoning designation, design principles relating to commercial landscaping, site design, architecture, and lighting.

Zoning/Land Use Compatibility
The Project, as an automobile sales and service facility is compatible with both the General Plan and Specific Plan use designations. Provided in Exhibit 11 is a letter from the City Manager, dated December 1, 2023, confirming the determination of specific zoning compatibility with the Specific Plan use categories.

On a broader sense, this Project meets many of the overall goals and objectives of the General Plan (GP), under Section 1.18, as follows:
40 Mercedes SADRA Submittal Page 5
• GP Goal D, creating significant jobs to help create a favorable jobs/housing balance to create opportunities to both work and live in Marina; • GP Goal I, by creating a diversified and sound economic base through creation of significant sales tax revenue to assist Marina in funding high -quality public services to residents and businesses;
• GP Goal O, creating an attractive and distinctive commercial district contributing to the overall vitality, image and identity of Marina.

Additionally, the Project as proposed conforms with goals from the Base Reuse Plan (BRP)for the former Fort Ord (as has been incorporated into the City’s General Plan and Specific Plan), examples as follows:
• BRP Community Design Vision, Chapter 3, General Development Character and Design Objectives, Objective 4, protecting the visual quality for the State Highway 1 scenic corridor through: 1) maintaining the minimum 100 ft development setback; 2) maintaining the maximum building height for the corridor aiding in the massing and orientation of the building; 3) maintaining the natural view from Highway 1 to the Project through preservation of the trees within the Caltrans right of way adjacent to the Project.
• BRP Community Design Vision, Chapter 3, General Development Character and Design Objectives, Objective 8, create uses which encourage the use and compliment the Fort Ord Transportation Center at First Avenue: the Project will create significant jobs within walking distance of the new MST transit facility on First Avenue within the overall Dunes master plan area.

Compatibility with Primary Specific Plan Design Principles The Project meets the intent of the primary Specific Plan design principles as noted below:

Commercial Landscaping
(Page 82)
The preliminary concepts proposed for this Project include a variety of landscape features throughout, including 5
varieties of trees, 15 +/- species of shrubs and ground cover, all providing rich diversity, seasonal color and textural interest to the landscape design. These landscaping
features also front the facility along First Avenue, enhancing visual intrigue for public view, and are consistent with the modern, open format architectural design of the primary building. Planting materials are highly adapted and
compatible with the marine environment in Marina.

Site Design (Page 65) The Site Plan for the Project is compatible with the Business Park design principles for the Specific Plan, namely,
providing a positive visual identity from the surrounding 41 Mercedes SADRA Submittal Page 6
properties, building entrances are clearly articulated with distinct architectural elements, with signage that create strong simple orientation for employees, visitors, and
deliveries. Landscape is positioned to screen loading and utilitarian portions of the site on the north and northwest end of the Project. Pedestrian paths fronting First Avenue and near the primary sales building are lined with trees to provide a comfortable walking environment.

Architecture (Page 65-66) The architecture of the buildings for the Project is both aesthetically pleasing and functionally efficient. The design quality of the sales and showroom facility is of significant aesthetic character, reflecting the quality stature of the automotive brand in the market, and likely will be a signature building for Marina. The design is a composition of distinct but related forms, without flat unarticulated wall planes, unique roof and glass panel construction. Rooftop
mechanical equipment is screened from ground level view.

Materials are of superior quality, including ample use of glass throughout.

Lighting Plan (Page 72) The lighting design is a compliment to the significant architectural quality of the Project, but also provides functionality of the property for both indoor and outdoor automotive sales. High efficiency fixtures and sophisticated optics are proposed which direct light where needed,
without excessive glare. Dark sky principles are adhered to throughout the site, with uplighting of buildings and trees discouraged, and shielding of high intensity lighting fixtures.

Particular attention is provided in lighting to minimize the effect of light dispersion to adjacent residential
neighborhoods to the north east. The lighting fixtures adhere to a consistent design theme throughout that
compliments the high quality architecture of the buildings.

Tree Preservation and Removal/Replacement Plan
Summary
Development of the Project site will entail the removal of 41 Monterey cypress (Hesperocyparis macrocarpa) trees under the approval of a tree removal permit specifically for this Project development. This removal will be mitigated by the replacement of these trees at the required mitigation of replacing every healthy (good or fair) tree at a 2:1 ratio per the UVSP , plus additional trees at the Project Applicant’s discretion, for a total of 44 replacement trees (3 trees surveyed are dead, and 16 are in poor condition, leaving 22 42 Mercedes SADRA Submittal Page 7
trees eligible for replacement mitigation). A total of 67 trees will be planted on the Project site overall.

Tree Survey/Arborist Report
The Project site was surveyed by a professional arborist/environmental scientist, Patric Krabacher, of Denise Duffey & Associates, Inc. The tree survey (Survey) is provided in Exhibit 12, along with the findings and detail, constituting the arborists report per the requirements of the UVSP and MMC. The Survey identified a total of 42 Monterey cypress trees, wherein, 52% are in healthy (good or fair) condition or better and eligible under the criteria for tree replacement. As a result of the proposed project, 41 Monterey cypress trees would require removal for the construction of the project pursuant to existing plans. Three (3) trees proposed for removal are dead; therefore, a tree removal permit is required for the remaining 38 live trees. Tree removal must incorporate the mitigation measures and regulatory requirements of the FEIR, the MMRP , and the UVSP Tree Standards.

Efforts were made to retain two (2) additional Monterey cypress trees (Tree Nos. 712 and 752) through design modifications; however, these efforts were determined to be infeasible. Meetings with the project’s Civil Engineer (Whitson Engineers) explored options to preserve Tree Nos. 712 and 752, but it was ultimately concluded that preservation would require the construction of extensive retaining walls. The retaining walls would significantly impact > 30% of the CRZ of these trees and the ultimate survival of the two (2) trees cannot be guaranteed.

Tree Committee and Planning Commission Direction
The Tree Committee initially met on April 30, 2025, for consideration of the tree removal application for Phase 3 commercial development areas of the Dunes, which incorporated the Project site (as to site delivery only, not development nor tree removal). The tree committee met for a tour of the site and affected trees specifically for the Project site as well. Subsequently, the Tree Committee reviewed the application at their meeting on May 15, 2025. In addition to the standard findings for tree removal permit application approval, the following specific recommendations were made by the Tree Committee regarding a future application for development of the Project Site (beyond the site delivery tree removal permit approved):

5. That trees #712 and #752 shall be retained to the extent feasible, per the draft site plan provided by the applicant in the revised arborist report. If said trees cannot be retained the applicant shall submit documentation for review by the Community Development Director for why removal is required.
43 Mercedes SADRA Submittal Page 8

Removal is required because the construction of retaining walls to preserve these two trees would impact >30% of the critical root zone of both trees, these impacts were discussed over multiple design changes/meetings, and it was determined that a more natural slope and planting is recommended. Additional information can be provided here from the engineering and site design analysis that concluded that it was infeasible to retain these two trees.

6. Staff to work with the applicant on the recommendation to the Planning Commission regarding incorporating more California native species on the site. (taken from the recommendation slide for the Tree Committee)

The Planning Commission, on June 12, 2025, approved resolution 2025-08 for the Dunes Phase 3 tree removal permit (but specifically not approving tree removal for the Project site), and in doing so, incorporated the above recommendations (See Exhibit 13 attached for a copy of the resolution). Attached to the resolution are standard conditions of approval for tree removal per the UVSP and MMC which will also be required for the application for this Project site development, specifically conditions: 1. Arborist Report, 2.

Special Surveys, 3. Display of Tree Removal Permit, 4. Replacement Trees, 5 Replacement planting, 6. Site Restoration Plan, 7. New Trees. The Applicant intends to meet those conditions in the development of the site.

The Applicant engineers and architects have reviewed this request from the Tree Committee/Planning Commission and have preliminarily concluded that Tree No. 732 could be saved by modifying the Site Plan parking on the west side. This conclusion is based on a preliminary determination of grading, slopes, and retaining walls, but final determination will come during the preparation of improvement plans specific for the civil improvements on the site, including final grading and preparation of the site paving and landscaping improvements.

Required Findings for Issuance of a Tree Removal Permit Per MMC 17.62.060 C, the following is the response to the required findings for a tree removal permit (response to findings in italics):

1. The tree is in poor condition and is in danger of falling within proximity to existing structures, high pedestrian traffic areas such as parking lots, playgrounds and pedestrian walkways, or interference with utility services that cannot be controlled 44 Mercedes SADRA Submittal Page 9
or remedies through reasonable preservation and/ or preventive procedures and practices: or

2. The tree is host to a plant, or insect, or other parasitic organism which endangers other adjacent healthy trees; or

A certified arborist assessed the 41 trees proposed for removal and did not find any invasive insects nor parasitic organisms which endanger other adjacent healthy trees.

3. The location of more than three (3) trees conflict with the construction of street or sidewalk improvements, storm drain, traffic signals or signs;

Infrastructure and development of the Project Site conflicts with the health of trees on the site. The location of multiple trees proposed for removal would interfere with these improvements, as documented on the Site Plan and in the Arborists Report. As a result of the proposed project, 41 Monterey cypress trees would require removal for the construction of the project pursuant to existing plans. The removal of the 41 trees would impact on the existing windbreak; however, a majority of the windbreak would be retained within the California Department of Transportation right-of-way adjacent to the western project boundary. Therefore, the removal of these trees is not anticipated to completely remove the windbreak. A tree removal permit from the City is required for all living trees.

Three (3) trees proposed for removal are dead; therefore, a tree removal permit is required for the remaining 38 live trees. Tree removal must incorporate the mitigation measures and regulatory requirements of the FEIR, the MMRP , and the UVSP Tree Standards.

4. The number of trees on the site is in excess of the number of health trees the site is able to support, based on such consideration as tree species, growth characteristics, general health of the stand, tree age, solar orientation and soil condition; or

A certified arborist assessed the health of individual trees within the project area and this does not apply.

5. The applicant outlines other clearly documented and compelling reasons for the removal or relocation of a tree which do not include the elimination of falling leaves or shade, or improving a view; and

45 Mercedes SADRA Submittal Page 10
Trees within contiguous forest are not recommended for transplanting due to the intertwining of roots with adjacent trees and lack of reaction wood. These trees are not typically capable of supporting themselves without the structural support of the surrounding forest. Mass damping is a natural mechanism where branches and foliage sway to absorb and dissipate wind energy, allowing trees to minimize structural loads on the trunk and roots and increase mechanical stability during storms. Mass damping is vital to the structural stability of trees and forests and when you have a contiguous forest like the one on the western portion of the project all these trees work together against the natural elements.

6. The tree does not serve as a windbreak system, or assist in drainage or in the avoidance of soil erosion, or serve as a component of wildlife habitat, or otherwise play a prominent role in maintaining the existing urban forest; and

The removal of the 41 trees would impact on the existing windbreak; however, a majority of the windbreak would be retained within the California Department of Transportation right- of-way adjacent to the western project boundary. Therefore, the removal of these trees is not anticipated to completely remove the windbreak.

7. Due to the tree’s aesthetic contribution to the area, the removal would not have a substantial detrimental effect on neighboring property values; and

The determination of a trees value to property is difficult to assess; however, removal of these trees would not interrupt adjacent property’s views of the substantial tree line on the Cal Trans property to the west of the Project site, as those trees remain. Trees to be removed on the western boundary abut the trees on the Cal Trans property to the west, and thus, that tree line would remain as an aesthetic buffer from adjacent properties to the Project site with views to the highway.

8. If the removal is concurrent with development plans for the property and the development plans indicate it is necessary to remove or relocate the tree to enable reasonable and conforming use of the property, which is otherwise prevented by the location of the tree.

This applies to all 41 trees proposed for removal. Please reference Exhibit 14 Tree Removal Plan, and the Site Plan, Exhibit 4.

46 Mercedes SADRA Submittal Page 11
Project Site Tree Removal Plan
Provided in Exhibit 14 is the tree removal plan prepared for the applicant by DD&A which illustrates the 41 trees to be removed.

Tree Replanting/Replacement Plan
Provided in Exhibit 9 is the Project preliminary tree planting plan (part of the Landscape Plan exhibit) prepared by VTA illustrating the variety of trees to be planted as part of the landscaping for the Project. As noted previously, the Applicant intends to plant approximately 44 total trees on the Project Site, replacing the 22 healthy trees required pursuant to MMC at a ratio of 2:1 mitigation (44 required plantings) plus an estimated additional 23 trees, for a total of approximately 67 onsite replacement plantings, pending preparation of Final Landscape Improvement Plans.

Exhibits

1. Project Description

2. Commercial Development Standards Worksheet

3. Environmental Information

4. Preliminary Site Plan

5. Preliminary Grading and Drainage plan

6. Preliminary Utility Plan

7. Fire Vehicle Turning

8. Auto Carrier Turning

9. Preliminary Landscaping Plan (and Tree Replacement Plan)

10. Building Elevations

11. Letter from the City Manager, dated December 1, 2003, Confirming the Determination of Specific Zoning Compatibility

12. Arborist Report and Tree Assessment Survey

13. June 12, 2025, Resolution 2025-08 of the Planning Commission

14. Tree Removal Plan
47 PROJECT DESCRIPTION FORM

Name of Project Applicant:

Mailing Address: _______________________
Phone: ___ Email:__________________________________________________ Name of the project:

Project location (address and/or Assessor’s Parcel Number(s):

Size of project site (acreage):

Existing General Plan Land Use Designation:

Existing Zoning Designation:

Describe the existing land use(s) of the site:

Describe the existing land use of properties surrounding the site:

Describe the proposed land use(s)/Project:

48 For residential uses, indicate the number, type, and size of the units, and the estimated range of the sale and rental prices:

For commercial uses, indicate the type (neighborhood, city, or regional orientation), the total square footage, the estimated number of employees, and the hours of operation:

For industrial uses, indicate the type, the total square footage, the estimated number of employees, and the hours of operation:

For other uses, indicate the major function, the total square footage, the estimated number of employees, and the hours of operation:

List and describe any other permits or public approvals required for this project, including those required by city, regional, state, and federal agencies:

Are there water, sewer, gas, electric, and telecommunication facilities available to the project site? ( ) Yes ( ) No If no, are connections to these facilities proposed?

49 Please describe any odor, noise, smoke, or dust which will result from the proposed development or use:

Will there be any potentially hazardous materials, toxic substances, or flammable materials used, stored, manufactured, or disposed of at the project site? ( ) yes ( ) no If yes, please explain:

Please describe the proposed scheduling and phasing of the project’s construction:

If the project involves demolition or removal through alteration of an existing dwelling unit or units; indicate if unit(s) have been rented in the past five (5) years and if they are occupied if the tenants are considered lower income households as defined by CA Health & Safety Code Section 50079.5:
___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________ ___________________________________________________________________________________

Please provide any additional relevant information that can assist in the processing of this application:

50 Community Development Department | 209 Cypress Ave | Mail: 211 Hillcrest Ave, Marina, CA 93933 Tel: 831.884.1220 | Email: [email protected]

COMMERCIAL DEVELOPMENT STANDARDS WORKSHEET

Applicant’s Name:

Zoning District:

Please fill in the following numerical information for your permit application:

Existing Proposed Permitted /
Require d
Units, & Parking Spaces
Number of Commercial Units (#)

Number of Dwelling Units (#)
Mixed-use projects only

Number of Parking Spaces (#)
Yards and Height
Front Yard Setback (Feet)

Side Yard Setbacks:
(facing property) Left: (Feet)

Right: (Feet)

Rear Yard Setback (Feet)
Building Height (# Stories)

Maximum Height (Feet)
Areas
Lot Area (Square-Feet)

Gross Floor Area (Square- Feet)
Total Area Covered by All Floors

Building Footprint (Square- Feet)
Total of All Structures

Floor Area Ratio

Project Address: Date:

51 PLANNING DIVISION  209 Cypress Avenue  Mail: 211 Hillcrest Ave. Marina CA 93933 Telephone (831) 884-1220  Fax (831) 884-9654  www.ci.marina.ca.us

ENVIRONMENTAL INFORMATION

ENVIRONMENTAL SETTING

Please provide the following information on a separate piece of paper:

 Describe the project site as it exists before the project, including information on topography, soil stability, plants and animals, cultural and historic resources, and any scenic aspects of the sites.

Describe any existing structures on the site and the uses of those structures.

 Describe the surrounding properties, including information on topography, soil stability, plants and animals, cultural and historic resources, and any scenic aspects of the area. Indicate the type and intensity of land uses, and the scale of the development.

ENVIRONMENTAL CHECKLIST:

Would the Project result in the following (provide a brief description for each item checked “yes”):

Change in existing features of any streams, creeks, lakes, or wetlands: ( )Yes ( ) No

Change in scenic views or vistas from existing residential areas or public land or roads: ( ) Yes ( ) No

Use or disposal of hazardous, toxic or flammable materials or explosives: ( ) Yes ( ) No

Change in ocean, bay, lake, stream, or ground water quality or quantity, or alteration of existing drainage patterns: ( ) Yes ( ) No

Change in pattern, scale, or character of surrounding area of project: ( ) Yes ( ) No

52 PLANNING DIVISION  209 Cypress Avenue  Mail: 211 Hillcrest Ave. Marina CA 93933 Telephone (831) 884-1220  Fax (831) 884-9654  www.ci.marina.ca.us

Significant amounts of solid waste or litter: ( ) Yes ( ) No

Substantial alteration to topography or ground contours: ( ) Yes ( ) No

Change in dust, ash, smoke, fumes, or odors in the vicinity of the project: ( ) Yes( ) No

Substantial change in existing noise or vibration levels in the vicinity: ( ) Yes ( ) No

Building on filled land or on a slope of 10 percent or more: ( ) Yes ( ) No

Substantial change in demand for municipal services (police, fire, water, sewer, etc.): ( ) Yes ( ) No

Substantial increase in fossil fuel consumption (electricity, oil, natural gas, etc): ( ) Yes ( ) No

Relationship to a larger project or a series of projects: ( ) Yes ( ) No

Substantial change or increase of traffic on surrounding roads and highways: ( ) Yes ( ) No

53 UP
OZONE
UNIT
FILTER
STAND

RECLAIM
UNIT
∅4'
1ST
TANK
∅4'
2ND
TANK
∅4'
3RD
TANK
30"
R.O. UNIT JET
PUMP
∅22"
BRINE
TANK
∅19"
∅3'
R.O.

TANK
∅3'
R.O.

TANK
10"
55"
DRYING
AGENT
∅2'
SOAP
BLOWER
PANEL

VEHICLE

RECOMMENDED

FLOOR DRAIN

RECOMMENDED

FLOOR DRAIN
3'X3'X3'

CATCH BASIN
R
L R
L L R
LR
CITY
IN
CITY
IN
REC
OUT
REC
OUT
01 11
24 8
8 8
3 19
12 CABRILLO HWY

DIVARTY ST
1ST AVENUE
________ ________02
A0.21
________ ________01
A0.25
R 52' - 0"
R 52' - 0"
08 9
9 24
24 24
24 16
6 12
88 12
12 18
12 10
7 8
412
10 3
1210
PARKING TOTAL: 366 SPACES
24' FIRELANE

CONCRETE

LANDSCAPE

THESE DOCUMENTS ARE INCOMPLETE AND NOT FOR REGULATORY

APPROVAL, PERMIT, OR CONSTRUCTION PURPOSES
CALIFORNIA REGISTERED ARCHITECT:

A
B

SHEET NOTES

GENERAL NOTES

KEY PLAN
© Gensler
Date Description
Project Name
Project Number
Description
Scale
Seal / Signature
2024
Tel 214.273.1500
Fax 214.273.1505
5005 Greenville Avenue
Dallas, TX 75206
United States
ERIC A. JAMES
LICENSE #
C-24187

P R E L I M I N A R Y
As indicated
A0.10

ARCHITECTURAL SITE PLAN

27.8360.000

MERCEDES-BENZ OF

MONTEREY

MERCEDES-BENZ

OF MONTEREY
xxxx
Marina, California
05/10/2024
SCALE: / REF: 1" = 30'-0" 02 A2.00
SITE PLAN - LEVEL 0101

PARKING CALCULATIONS

PARKING SUMMARY PROVIDED REQUIRED
STANDARD STALLS (9 X 19')* 227
ADA STALLS (9' X 19') 9
TOTAL 366 236
INVENTORY STALLS (8.5'X17')* 163 TBD BY OWNER
SERVICE STALLS 100 88
PUBLIC 100 100
*2.5' MAX LANDSCAPE OVERHANG WHERE APPLICABLE
01 PROPERTY LINE
02 CUSTOMER ENTRANCE
3 FUTURE EV CAPABLE PARKING (2 SHARED

SPACES)
03 ADA CROSS ACCESS STRIPING
4 EV CHARGING STATION (2 SHARED SPACES)
04 ROOF CANOPY OVERHEAD
05 DETECTABLE WARNING STRIP; CONTRACTOR TO

PROVIDE A DETECTABLE WARNING PRODUCT

SAMPLE TO THE BUILDING INSPECTOR FOR

APPROVAL OF COLOR CONTRAST WITH FINISH

SURFACE
6 EV CHARGING STATION (2 SHARED SPACES)
06 TRASH ENCLOSURE, REF ARCH DRAWINGS
7 EV CHARGING STATION (2 SHARED SPACES)
07 FLUSH MOUNTED KNOX BOX
8 <varies>
08 BENCH AS SPECIFIED
9 FUTURE EV CAPABLE PARKING (2 SHARED

SPACES)
09 ACCESSIBLE PATH OF TRAVEL
10 <varies>
11 <varies>
12 <varies>
13 ADA PARKING SPACE WITH PAVEMENT MARKING,

LOADING ZONE, WHEEL STOP, AND ADA

SIGNAGE
14 EV CHARGING STATION (2 SHARED SPACES)
15 FUTURE EV CAPABLE PARKING (2 SHARED

SPACES)
16 <varies>
17 RETACTABLE ROLLING SECTURITY GATE WITH

CONTROL BOX, REF ARCHITECTURAL DETAILS
18 <varies>
19 EXTERIOR RAMP WITH WALL MOUNTED
HANDRAILS; REF ARCHITECTURAL DRAWINGS
20 SECURITY FENCE
21 SCREEN WALL AS SPECIFIED
22 CONCRETE COLOR TRANSITION; CONFIRM

COLORS WITH ARCHITECT
24 <varies>
25 BIKE RACK
26 MAIN SWITCHBOARD; REF ELECTRICAL
27 MAIN SWITCHBOARD; REF ELECTRICAL
9 357

PARKING REQUIREMENTS
(PER MARINA MUNICIPAL ZONIG CODE, CHAPTER 10 & 17)
AUTOMOTIVE USERS:

SERVICE AND REPAIR - 4 SPACES/BAY
22 SERVICE BAYS X 4 = 88 SPACES
COMMERCIAL USERS - RETAIL AND SERVICE & BUSINESS PROFESSIONAL:
(PER CH. 17.44 PARKING REQUIREMENTS OF MARINA MUNICIPAL CODE) 1 SPACES / 275 GSF
62,300 / 275 = 227 SPACES
LOADING / INVENTORY SPACES REQUIRED:

ONE LOADING SPACE FOR EACH
FIVE THOUSAND SF OF STORE AREA (62.3K GSF) = 13 SPACES
ADA SPACES REQUIRED:
(PER CBC, TABLE 111B:208.2)
401 - 500 SPACES = MIN OF 9 SPACES = 9 SPACES
EV CAPABLE SPACES REQUIRED:
(PER CALGREEN, TABLE 5.106.5.3.1)
201 AND OVER = 20 PERCENT OF TOTAL
20% OF 200 (100 PUBLIC + 100 SERVICE) = 40 SPACES
EVCS FOR PUBLIC AND COMMON USE:
(PER CBC TABLE 11B-228.3.2.1)
TOTAL NUMBER OF EVCS (5-25) = 1 VAN ACCESSIBLE, 1 STANDARD ACCESSIBLE EVCS (ELECTRIC VEHICLE CHARGING STATIONS) SPACES REQUIRED:
(PER CALGREEN, TABLE 5.106.5.3.1)
25 PERCENT OF EV CAPABLE SPACES
25% OF 200 (100 PUBLIC + 100 SERVICE) = 50 SPACES
02 EV STALL 8 8
EV CAPABLE STALL 40 40
05/10/2024 PROGRESS PRINT
54 STOP
STOP
STOP
STOP
STATE HIGHWAY 1
1ST AVENUE
62' PUBLIC RIGHT-OF-WAY
(A CITY STREET)

DIVARTY STREET
PARCEL OP-3.2

6.168 AC
TRACT 1569
24-C&T-93

EARTHWORK SUMMARY
SHEET
OF
SCALE:

DRAWN:

JOB No.:

SUBMITTAL / REVISION

NOT VALID

WITHOUT

SIGNATURE
Civil Engineering
Land Surveying
6 Harris Court
Monterey, California
831.649.5225
whitsonengineers.com
1"=30'
CW
3140.62
XB 5 MERCEDES-BENZ OF MARINA

GROUND-UP CAR DEALERSHIP FACILITY
EXHIBIT 5

PRELIMINARY GRADING AND DRAINAGE PLAN
NW CORNER 1ST AVE AND DIVARTY STREET
Marina, California
APN

PRELIMINARY DESIGN
2/13/2026
CW

PLANNING SUBMITTAL COORDINATION SET

GENERAL NOTES

CONSTRUCTION KEYNOTES
E INE
S
ON
W
E
N
IT
H
S
GR

PROPOSEDLEGENDEXISTING

ABBREVIATIONS
55 STOP
STOP
STOP
STOP
STATE HIGHWAY 1
1ST AVENUE
62' PUBLIC RIGHT-OF-WAY
(A CITY STREET)

DIVARTY STREET
PARCEL OP-3.2

6.168 AC
TRACT 1569
24-C&T-93
SHEET
OF
SCALE:

DRAWN:

JOB No.:

SUBMITTAL / REVISION

NOT VALID

WITHOUT

SIGNATURE
Civil Engineering
Land Surveying
6 Harris Court
Monterey, California
831.649.5225
whitsonengineers.com
1"=30'
CW
3140.62
XB 6 MERCEDES-BENZ OF MARINA

GROUND-UP CAR DEALERSHIP FACILITY
EXHIBIT 6

PRELIMINARY UTILITY PLAN
NW CORNER 1ST AVE AND DIVARTY STREET
Marina, California
APN

PRELIMINARY DESIGN
2/13/2026
CW

PLANNING SUBMITTAL COORDINATION SET

UTILITY KEYNOTES
E INE
S
ON
W
E
N
IT
H
S
GR

STORMWATER INFORMATION
56 STOP
STOP
STOP
STOP
STATE HIGHWAY 1
1ST AVENUE
62' PUBLIC RIGHT-OF-WAY
(A CITY STREET)

DIVARTY STREET
PARCEL OP-3.2

6.168 AC
TRACT 1569
24-C&T-93
SHEET
OF
SCALE:

DRAWN:

JOB No.:

SUBMITTAL / REVISION

NOT VALID

WITHOUT

SIGNATURE
Civil Engineering
Land Surveying
6 Harris Court
Monterey, California
831.649.5225
whitsonengineers.com
1"=30'
CW
3140.62
XB 7 MERCEDES-BENZ OF MARINA

GROUND-UP CAR DEALERSHIP FACILITY
EXHIBIT 7

PRELIMINARY VEHICULAR TURNING
NW CORNER 1ST AVE AND DIVARTY STREET
Marina, California
APN

PRELIMINARY DESIGN
2/13/2026
CW

PLANNING SUBMITTAL COORDINATION SET
E INE
S
ON
W
E
N
IT
H
S
GR
LEGEND
57 STOP
STOP
STOP
STOP
STATE HIGHWAY 1
1ST AVENUE
62' PUBLIC RIGHT-OF-WAY
(A CITY STREET)

DIVARTY STREET
PARCEL OP-3.2

6.168 AC
TRACT 1569
24-C&T-93
SHEET
OF
SCALE:

DRAWN:

JOB No.:

SUBMITTAL / REVISION

NOT VALID

WITHOUT

SIGNATURE
Civil Engineering
Land Surveying
6 Harris Court
Monterey, California
831.649.5225
whitsonengineers.com
1"=30'
EPI
3140.62
XB 8 MERCEDES-BENZ OF MARINA

GROUND-UP CAR DEALERSHIP FACILITY
EXHIBIT 8

PRELIMINARY VEHICULAR TURNING
NW CORNER 1ST AVE AND DIVARTY STREET
Marina, California
APN

PRELIMINARY DESIGN
2/13/2026
CW

PLANNING SUBMITTAL COORDINATION SET
E INE
S
ON
W
E
N
IT
H
S
GR
LEGEND
58 STOP
STOP
STOP
STOP

DIVARTY
STREET
1ST AVENUE
THIRD
STREET
HIGHWAY 1
1ST AVENUE
OP-4.2MONTEREY
COUNTY
OP-4.1
OP-3.1

CITY OF

SEASIDE

CITY OF

SEASIDE
HIGHWAY 1
Copyright 2026 vanderToolen Associates. The drawings or written materials contained herein constitute the original and unpublished work of the landscape architect. Reproduction, use or alteration in any form is strictly prohibited without the written consent of vanderToolen Associates.

L-1
Project No. 01825 Marina, California OP-3.2

MERCEDES-BENZ OF MONTEREY
SCALE: 1" = 30'-0"NORTH
0'15'30'60'
vanderToolen Associates
855 Bordeaux Way
Suite 240
Napa, CA 94558
tel+ 707.224.2299
hhhvandertoolenco^
City of Marina
1ST AVENUE & DIVARTY STREET
MARINA, CALIFORNIA 93955

PRELIMINARY LANDSCAPE PLAN

CONCEPTUAL PLAN EXHIBIT
FEBRUARY 27, 2026

STREET TREE

LOPHOSTEMON CONFERTUS
(BRISBANE BOX)
PERIMETER TREE #1

HESPEROCYPARIS MACROCARPA
(MONTEREY CYPRESS)
ACCENT TREE #1

MAGNOLIA GRANDIFLORA 'LITTLE GEM'
(LITTLE GEM DWARF SOUTHERN MAGNOLIA)
ACCENT TREE #2

LYONOTHANMUS SPECIES
(SANTA CRUZ ISLAND IRONWOOD)

EXISTING CONDITIONS

NORTH EAST VIEW
LOOKING TOWARDS 1ST AVENUE
IMAGE (1)

REQUIRED MITIGATED REPLACEMENT TREES PER ARBORIST
REPORT DATED 1-28-2026 BY DENISE DUFFY & ASSOCIATES,
INC.

A TOTAL OF (44) REPLACEMENT TREES ARE REQUIRED TO
MITIGATE THE REMOVAL OF 22 HEALTHY TREES.

A PRELIMINARY TOTAL OF (67) TREES ARE PROPOSED.

TREE MITIGATION NARRATIVE
PERIMETER TREE #2

QUERCUS SUBER
(CORK OAK)

SYMBOLEXAMPLE IMAGE

PRELIMINARY PLANT LEGEND
C.C.N.-CALIFORNIA COASTAL NATIVE

BOTANICAL NAME & SIZE & WULCOLS

ACHILLEA MILLEFOLIUM
'SONOMA COAST'
(1'-2' HEIGHT)LOW

ARCTOSTAPHYLOS PUMILA
(2'-5' HEIGHT)LOW

ARCTOSTAPHYLOS TOMENTOSA
(3'-8' HEIGHT)LOW

ARCTOSTAPHYLOS
‘PACIFIC MIST’
(2'-3' HEIGHT)LOW

ARMERIA MARITIMA
'ALBA'
(6"-12" HEIGHT)MOD

ARTEMISIA PYCNOCEPHALA
‘DAVID’S CHOICE’
(6"-24" HEIGHT)LOW

BACCHARIS PILULARIS
‘PIGEON POINT’
(2'-3' HEIGHT)LOW

CARPENTERIA CALIFORNICA
‘ELIZABETH’
(5'-7' HEIGHT)LOW

CEANOTHUS DENTATUS
(2'-5' HEIGHT)LOW

CEANOTHUS RIGIDUS
(4'-6' HEIGHT)LOW
CEANOTHUS G. HORIZONTALIS
‘DIAMOND HEIGHTS’
(1'-2' HEIGHT)LOW

DIPLACUS AURANTIACUS
(4'-5' HEIGHT) V.LOW

DIPLACUS 'CHANGELING'
(2'-3' HEIGHT)LOW

ERIGERON GLAUCUS
‘SEA BREEZE’
(6"-12" HEIGHT)LOW

ERIOGONUM FASCICULATUM
(2'-4' HEIGHT) V.LOW

ERIOGONUM LATIFOLIUM
(1'-2' HEIGHT)LOW

ERIOGONUM PARVIFOLIUM
(2'-3' HEIGHT)LOW

FRANGULA CALIFORNICA
‘MOUND SAN BRUNO’
(3'-6' HEIGHT)LOW

FRAGARIA CHILOENSIS
(4"-8" HEIGHT)MOD

HETEROMELES ARBUTIFOLIA
(6'-10' HEIGHT)LOW

LEYMUS CONDENSATUS
'CANYON PRINCE’
(2'-3' HEIGHT)LOW

MUHLENBERGIA RIGENS
(3'-5' HEIGHT)LOW

SYMPHORICARPOS ALBUS

LAEVIGATUS
(3'-6' HEIGHT)LOW
(C.C.N)
(C.C.N)
(C.C.N)
(C.C.N)
(C.C.N)
(C.C.N)
(C.C.N)
(C.C.N)
(C.C.N)
(C.C.N)
(C.C.N)
(C.C.N)
(C.C.N)
(C.C.N)
(C.C.N)
(C.C.N)
(C.C.N)

IRRIGATION NOTES

1. THE IRRIGATION DESIGN WILL BE FROM

RECYCLED WATER FOR THE SITE AND

SHALL COMPLY WITH THE STATE

MANDATED MODEL WATER EFFICIENT
LANDSCAPE ORDINANCE (MWELO).

2. THE IRRIGATION SYSTEMS WILL BE

AUTOMATICALLY CONTROLLED BY AN

ET/'SMART' IRRIGATION CONTROLLER

CAPABLE OF MULTIPLE PROGRAMMING

AND INDEPENDENT TIMING OF INDIVIDUAL
IRRIGATION SYSTEMS. THE CONTROLLER
WILL HAVE A 24-HOUR CLOCK TO ALLOW

MULTIPLE START TIMES AND REPEAT

CYCLES TO ADJUST FOR SOIL
PERCOLATION RATES.

3. THE IRRIGATION SYSTEMS WILL CONSIST

PRIMARILY OF LOW VOLUME, LOW FLOW

BUBBLERS FOR TREES, AND POINT

SOURCE DRIP IRRIGATION FOR SHRUBS

AND SUBSURFACE DRIPLINE FOR
PARKROW GROUNDCOVERS.

4. PLANTS WILL BE GROUPED ONTO

SEPARATE VALVES ACCORDING TO SUN

EXPOSURE AND WATER USE TO ALLOW

FOR IRRIGATION APPLICATION BY
HYDROZONE. THE IRRIGATION

SCHEDULING WILL REFLECT THE
REGIONAL EVAPO-TRANSPIRATION RATES.

THE ENTIRE SITE WILL BE DESIGNED TO

RUN DURING NIGHTTIME HOURS WHEN
IRRIGATION IS MOST EFFICIENT.

5. ALL MWELO DOCUMENTATION INCLUDING

IRRIGATION PLANS, WATER USE

CALCULATIONS AND CERTIFICATES SHALL

BE SUBMITTED WITH THE LANDSCAPE

IMPROVEMENT PLANS FOR REVIEW AND
APPROVAL.

CALTRANS HIGHWAY 1 - R.O.W.

PRELIMINARY TREE LEGEND
SYMBOLBOTANICAL NAMECOMMON NAMEMIN. SIZEWULCOLSQTY
TREES

HESPEROCYPARIS MACROCARPA
(C.C.N)MONTEREY CYPRESS24" BOX MOD8
LOPHOSTEMON CONFERTUSBRISBANE BOX15 GAL MOD 17
LYONOTHANMUS FLORIBUNDUS SSP.

ASPLENIIFOLIUS
(C.C.N)
SANTA CRUZ ISLAND IRONWOOD 15 GAL LOW 22

MAGNOLIA GRANDIFLORA 'LITTLE GEM'LITTLE GEM DWARF SOUTHERN MAGNOLIA15 GAL MOD13
QUERCUS SUBERCORK OAK24" BOX LOW 7
TOTAL TREES: 24" BOX 15
15 GAL 52
67 C.C.N. - CALIFORNIA COASTAL NATIVE
EX. VEGETATION
30' O.C. STREET TREE:

LOPHOSTEMON CONFERTUS
(BRISBANE BOX)
PERIMETER TREE #1:

HESPEROCYPARIS MACROCARPA
(MONTEREY CYPRESS)

FRONT ENTRY DRIVEWAY

BOUNDARY

GAS EASEMENT
EX. CYPRESS
TREE #732
(PROTECT IN
PLACE)
PLANT AREA, TYP.

SLOPE PLANT AREA, TYP.

ACCENT TREE #1:

MAGNOLIA GRANDIFLORA 'LITTLE GEM'
(LITTE GEM DWARF SOUTHERN MAGNOLIA)

GRADING LIMIT

GRADING LIMIT

GRADING LIMIT

SCREENING HEDGE
PERIMETER TREE #2:

QUERCUS SUBER
(CORK OAK)
SIGHT VISION TRIANGLE, TYP.

FIRE LANE
PLANT AREA, TYP.

BIKE LANE

BIKE LANE
CENTER
LINE
R.O.W.

EASEMENT
IMAGE (1)VIEW ANGLE
EX. CYPRESS TREE
(CALTRANS R.O.W., TYP.)
EX. TREE
(REMOVE, TYP.)
ACCENT TREE #2:

LYONOTHAMNUS SPECIES
(SANTA CRUZ ISLAND IRONWOOD)

MONUMENT SIGN AT

RETAINING WALL,

PER ARCHITECT

NO PLANTING OR

DISTURBANCE WITHIN
12' CRZ ROOT ZONE
RECYCLE IRRIGATION P.O.C
59 LEVEL 02
14' - 0"
SHOWROOM - B.O. FASCIA
28' - 0"

PARTS MEZZANINE
12' - 0"
10 7
2' - 0"
GL10 CW01*

7.9 MT10* MT10*
MT10*
11 3' - 4 1/2" 4' - 0" 4' - 0" 4' - 0" 6' - 11" 6' - 2" 6' - 11" 4' - 0" 4' - 0" 4' - 0" 4' - 0" 4' - 0" 2' - 2 1/8" 4' - 0"
TYP.
4' - 0"

EQ EQ EQ EQ

89.2 SHOWROOM - T.O. FASCIA
31' - 0"
6 5.8 5
SHOWROOM - B.O. FASCIA
28' - 0"

PARTS MEZZANINE
12' - 0"
GL10 CW01*
GED
MT10*
GL10 CW01*
FC HE.9 F.9F.3
SHOWROOM - T.O. FASCIA
31' - 0"

EE DE CE AE
HE
TYP
2' - 0" 2' - 0" 1' - 5 1/2"
TYP
2' - 0"
3' - 1" 4' - 9 1/2"
TYP
4' - 9 1/2" 4' - 9 1/2" 4' - 9 1/2" 1' - 7 1/8"
TYP
4' - 9 1/2"4' - 9 1/2"
1' - 6"
2' - 0"
TYP
2' - 0"
1' - 0"
LEVEL 01
0' - 0"
LEVEL 02
14' - 0"
SHOWROOM - B.O. FASCIA
28' - 0"
GL10CW01*

7.2 9.1 10.1 11.311.17.47.3
SHOWROOM - T.O. FASCIA
31' - 0"
1' - 6"
TYP
2' - 6"

EQ EQ EQ
1'-9" MIN 7' - 0" 1'-9" MIN
TYP
2' - 6"1' - 6" EE DEFE
LEVEL 01
0' - 0"
LEVEL 02
14' - 0"
SHOWROOM - B.O. FASCIA
28' - 0"
GL10 CW01*
B
MT10*
AA1.2 A1.1
SHOWROOM - T.O. FASCIA
31' - 0"
IE FE
4' - 8 1/2"
TYP
4' - 8 1/2"
TYP
2' - 0"

THESE DOCUMENTS ARE INCOMPLETE AND NOT FOR REGULATORY

APPROVAL, PERMIT, OR CONSTRUCTION PURPOSES
CALIFORNIA REGISTERED ARCHITECT:

A
B

SHEET NOTES

GENERAL NOTES

KEY PLAN
© Gensler
Date Description
Project Name
Project Number
Description
Scale
Seal / Signature
2024
Tel 214.273.1500
Fax 214.273.1505
5005 Greenville Avenue
Dallas, TX 75206
United States
ERIC A. JAMES
LICENSE #
C-24187

P R E L I M I N A R Y
1/8" = 1'-0"
A2.01

BUILDING ELEVATIONS - AREA A

27.8360.000

MERCEDES-BENZ OF

MONTEREY

MERCEDES-BENZ

OF MONTEREY
xxxx
Marina, California
02/09/2024
SCALE: / REF: 1/8" = 1'-0" 01 A1.11A
EXTERIOR ELEVATION - AREA A EAST04
SCALE: / REF: 1/8" = 1'-0"
EXTERIOR ELEVATION - AREA A SOUTH01
SCALE: / REF: 1/8" = 1'-0" 01 A1.11A
EXTERIOR ELEVATION - AREA A WEST02
SCALE: / REF: 1/8" = 1'-0" 01 A1.11A
EXTERIOR ELEVATION - AREA A NORTH03
60 LEVEL 02
14' - 0"
SHOWROOM - B.O. FASCIA
28' - 0"

PARTS MEZZANINE
12' - 0"
10732 7.97.1 9 9.2
SHOWROOM - T.O. FASCIA
31' - 0"

65.8 LEVEL 02
14' - 0"
SHOWROOM - B.O. FASCIA
28' - 0"

PARTS MEZZANINE
12' - 0"
K
Q
L
MT10*
EP01* SC01
JH H.7H.3 P
SHOWROOM - T.O. FASCIA
31' - 0"
LEVEL 02
14' - 0"
SHOWROOM - B.O. FASCIA
28' - 0"

PARTS MEZZANINE
12' - 0"
KL J H.7 H.3P
SHOWROOM - T.O. FASCIA
31' - 0"
LEVEL 02
14' - 0"
SHOWROOM - B.O. FASCIA
28' - 0"

PARTS MEZZANINE
12' - 0"
3 2
EP01*
MT10*
SC01

7.1 19
SHOWROOM - T.O. FASCIA
31' - 0"
SCALE: / REF: 1/8" = 1'-0" 01 A1.11A
EXTERIOR ELEVATION - AREA B WEST02

THESE DOCUMENTS ARE INCOMPLETE AND NOT FOR REGULATORY

APPROVAL, PERMIT, OR CONSTRUCTION PURPOSES
CALIFORNIA REGISTERED ARCHITECT:

A
B

SHEET NOTES

GENERAL NOTES

KEY PLAN
© Gensler
Date Description
Project Name
Project Number
Description
Scale
Seal / Signature
2024
Tel 214.273.1500
Fax 214.273.1505
5005 Greenville Avenue
Dallas, TX 75206
United States
ERIC A. JAMES
LICENSE #
C-24187

P R E L I M I N A R Y
1/8" = 1'-0"
A2.02

BUILDING ELEVATIONS - AREA B

27.8360.000

MERCEDES-BENZ OF

MONTEREY

MERCEDES-BENZ

OF MONTEREY
xxxx
Marina, California
02/09/2024
SCALE: / REF: 1/8" = 1'-0" 01 A1.11A
EXTERIOR ELEVATION - AREA B SOUTH01
SCALE: / REF: 1/8" = 1'-0" 01 A1.11B
EXTERIOR ELEVATION - AREA B NORTH03
SCALE: / REF: 1/8" = 1'-0"
EXTERIOR ELEVATION - AREA B EAST04
61 Memorandum
To: Marina Community Partners, LLC
From: Layne Long, City Manager
Date: 12/1/2023
Re: Administrative Modifications to Project Approvals for The Dunes Development Project (formerly The University Villages Project)

The City of Marina (“City”) and Marina Community Partners, LLC (“MCP”) entered into a Development Agreement dated as of July 8, 2005 (“Development Agreement”) related to the Dunes Development Project (formerly The University Villages Project and referred to herein as the “Project”). Section 3.1 of the Development Agreement addresses amendments to the Development Agreement and to the Project Approvals. For purposes of the Development Agreement, Project Approvals means the permits and approvals granted or to be granted to MCP by the City for the Project including the University Villages Specific Plan approved by the City Council of Marina by Resolution No. 2005-130 adopted on May 31, 2005 (“Specific Plan”).

Section 3.1.4 of the Development Agreement grants the Strategic Development Director authority to make minor modifications to the Project Approvals as an administrative amendment, without notice, hearing, CEQA review or formal action by any commission or board or the City Council including lot line and parcel adjustments, changes in density, intensity, scale and scope of the Project. The City previously eliminated the position of Strategic Development Director and vested the City Manager with the authority and job duties previously assigned to the Strategic Development Director.

The Specific Plan designates certain parcels in the Specific Plan Area as Office/Research and Development/Light Industrial, including Opportunity Site 3.

The Office/Research designation permits a variety of uses including boat sales and recreational vehicle sales. However, the Specific Plan does not currently permit 62 December 1, 2023
2 automobile sales in the Office/Research and Development/Light Industrial land use areas but does allow automobile sales in other areas including the Multiple Use designation.

Based on the authority granted in Section 3.1.4 for the Strategic Development Director, now the City Manager, to approve minor modifications to Project Approvals, including the Specific Plan, I am approving a minor modification to the Specific Plan to designate automobile sales as a permitted use in areas designated as Office/Research and Development/Light Industrial.

63 Tree Assessment and
Arborist Report
for the
Mercedes Benz Project

February 2026

Prepared for

Ken Roycroft
Unstoppable Automotive Group, LLC
40910 Temecula Center Drive
Temecula, CA 92591

Prepared by

Patric Krabacher, ISA Certified Arborist #11759 TRAQ
ASCA Registered Consulting Arborist #887
400 Cass Street, Suite 5
Monterey, California 93940
Denise Duffy & Associates, Inc.
64 Mercedes Benz Tree Assessment and Arborist Report
February 2026

TABLE OF CONTENTS

1. Introduction ................................ ............................................................................................................ 2

1.1. Project Location ........................................................................................................................ 2

1.2. Project Description .................................................................................................................... 2

2. Methods .................................................................................................................................................. 2

2.1 Limitations .................................................................................................................................... 2

2.2 Regulatory Setting ........................................................................................................................ 4

2.2.1 City of Marina Municipal Code ........................................................................................ 4

2.2.2 UVSP Tree Standards ....................................................................................................... 4

2.3 Survey Methods ............................................................................................................................ 4

3. Results .................................................................................................................................................... 5

4. Discussion/Conclusion ........................................................................................................................... 8

4.1 Tree Preservation .......................................................................................................................... 8

4.2 Tree Removal ................................................................................................................................ 8

4.3 Transplanting ................................................................................................................................ 9

5. Tree Replacement Plan ......................................................................................................................... 10

5.1. Planting Locations................................................................................................................... 10

5.2. Planting Methods .................................................................................................................... 10

6. Tree Protection Plan ............................................................................................................................. 11

7. References ............................................................................................................................................ 13

8. Glossary ................................................................................................................................................ 13

ATTACHMENTS
ATTACHMENT A. Project Civil Plans and Landscaping Plans ATTACHMENT B. Tree Table

ATTACHMENT
C. Photo Log
65 Mercedes Benz Project Tree Assessment and Arborist Report

February 2026

1. INTRODUCTION
Denise Duffy & Associates, Inc. (DD&A) is contracted by Unstoppable Automotive Group, LLC (UAG) to provide environmental consulting services for the Mercedes Benz Project (project or proposed project), located in the City of Marina (City) in Monterey County, California. The project is located in the City of Marina (City) on Assessor ’s Parcel Number (APN) 031 -221-022-000 (Parcel OP 3.2, Figure 1 ). Tree removal within the project site is regulated by the University Villages Specific Plan (UVSP) Existing Tree Removal, Relocation, and Replacement Standards (Tree Standards), approved on May 31, 2005; the UVSP Final Environmental Impact Report (FEIR) and Resolution; the UVSP Mitigation Monitoring and Reporting Program (MMRP); and Marina Municipal Code (MMC or City Code) Chapter 17.62 (Tree Removal, Preservation, and Protection). Tree removal within the project site will require approval from the City prior to construction of the project.

This report was prepared to satisfy the requirements of MMC Chapter 17.62 and assist in the design phase to avoid as many healthy tree as practicable. This tree assessment and arborist report recommends trees for retention or removal pursuant to the proposed project. This report also outlines measures to protect all other trees within the vicinity of the project, identifies the amount of native trees to be removed, and the final number of recommended replacement trees. This report also recommends mitigation, where necessary, to avoid, reduce, or mitigate potential project impacts to trees and other biological resources (i.e., nesting birds) which may result from tree removal.

1.1. Project Location
The project is located within the southwestern corner of the City, directly northwest of the corner of 1 st
Avenue and Divarty Street, on APN 031-221-022-000, in the County of Monterey, California.

1.2. Project Description
The project consists of the construction of new dealership and automotive facilities , including parking, buildings, and associated utility infrastructure (Attachment A).

2. METHODS

2.1 Limitations
It is not the intent of this report to provide a monetary valuation of the trees or provide risk assessment for any tree, as any tree can fail at any time. The inspection of these trees consisted solely of a visual inspection from the ground. While more thorough techniques are available for inspection and evaluation, they were neither requested nor considered necessary or appropriate at this time. No clinical diagnosis was performed on any pest or pathogen that may or may not be present within the site. In addition to an inspection of the property, DD&A relied on information provided by the project proponent (e.g., survey boundaries, property boundaries, project description) to prepare this report, and must reasonably rely on the accuracy of the information provided. Trees can be managed but not controlled. To live near trees, regardless of their condition, is to accept some degree of risk. The only way to eliminate all risks associated with trees is to eliminate all trees. DD&A shall not be responsible for another's means, methods, techniques, schedules, or procedures, or for contractor safety or any other related programs, or for another's failure to complete work in accordance with approved plans and specifications.
66 67
Mercedes Benz Project Tree Assessment and Arborist Report

February 2026

2.2 Regulatory Setting

2.2.1 City of Marina Municipal Code
City of Marina Municipal Code (MMC) Section 17.62.030 requires a tree removal permit to remove, damage, or relocate, or cause to be removed, damaged, or relocated any tree on any property within City limits, unless exempted by MMC Sections 17.62.040 or 17.62.050. MMC Section 17.62.030 also prohibits construction activities within the dripline of any tree, unless these activities are conducted in compliance with tree protection guidelines adopted by resolution of the planning commission.

MMC defines “tree” as any living woody perennial plant having a single stem of six (6) inches or more diameter at breast height (DBH; measured at 4.5 feet above ground) or a multi -stemmed plant having an aggregate diameter of ten inches or more measured at DBH, and any living woody perennial plant which was planted in accordance with requirements of an approved compensation plan or was planted as part of a landscaping plan approved by the City. MMC defines “Dripline” as the greater of the outermost edge of the tree’s canopy, or fifteen times DBH measured from the center point of the tree.

2.2.2 UVSP Tree Standards
UVSP Tree Standards call for the preservation of as many healthy Monterey cypress trees and oak trees as practicable. In accordance with the UVSP Tree Standards, Monterey cypress trees and oak trees that are in good or fair condition must be protected duri ng construction and preserved wherever practicable. If relocation is possible, Monterey cypress and oak trees shall be removed by machinery, be immediately replanted at a new site, and be watered and fertilized. Existing healthy trees determined to be in g ood or fair condition that are removed shall be replaced on- site at a ratio of two (2) replacement trees for every one (1) removed (2:1).

2.3 Survey Methods
DD&A biologists, led by Certified Arborist Patric Krabacher, conducted a tree survey of the project site on January 27, 2025. The survey area encompassed the project’s construction limits. Protected trees (trees that require a tree removal permit from the City and/or are defined in the UVSP) were inventoried in accordance with the following protocol, which was designed to meet the requirements of both MMC Chapter 17.62 and USVP Tree Standards:
• Excluding acacias (Acacia sp.)
1, all trees (including dead snags) 6” DBH or greater were tagged with a GPS location and a numbered aluminum marker (on the most feasible/visible location possible). Tree diameter was recorded at breast height (54 inches or 4.5 feet above native grade) or (for multi-stemmed trees) at the most representable location. • Species, size, and health class were recorded for each tree. Tree health was recorded based on the UVSP health classifications, as follows:
o Good. Tree is healthy and vigorous as indicated by color of foliage and density, has no apparent signs of insect, disease, structural defects or mechanical injury. Tree has good form and structure.

1 Per UVSP Tree Standards, page 118, acacias (6” DBH or greater) were mapped with a GPS location but were not tagged or inventoried. 68 Mercedes Benz Project Tree Assessment and Arborist Report

February 2026
o Fair. Tree is in average condition and vigor for the area, but may show minor insect, disease, or physiological problems. Trees rated as fair may be improved with correctional pruning.
o Poor. Tree that is in a general state of decline and may show severe structural or mechanical defects which may lead to failure, may have insect or disease damage, but is not dead. o Dead/Snag. Dead standing tree.
• Multi-stemmed trees were recorded as one (1) tree if the root crown (the point where the trunk meets natural grade) was contiguous. Multi-stemmed tree DBH was calculated by taking the square root of the squared sum of all stems measured (√[Stem 1 DBH2+ Stem 2 DBH2+ Stem 3 DBH2...]).

This equation returns to the diameter at the base of the tree (Chojnacky, 1999). • Tree dripline (also known as the “tree protection zone” [TPZ]) was calculated as 1.5 feet for every one (1) inch DBH.
• Critical root zone (CRZ) was calculated as one (1) foot for every one (1) inch DBH in accordance with American National Standards Institute (ANSI) A300 Part 8 & Part 5 (ANSI, 2023).

3. RESULTS
DD&A inventoried 44 Monterey cypress (Hesperocyparis macrocarpa) trees within or directly adjacent to the project site (Figure 2; Appendix A) 2. DD&A inventoried three (3) dead trees, 17 trees in poor health, and the remaining 24 in fair health. Fifty-two percent of the trees inventoried are in fair condition; they are in average vigor for the area but are showing signs of diseases and insect infestations, including pitch canker, foamy bark canker, beetle evidence (i.e. saw dust and small symmetrical holes), sooty mold, and Phytophthora root and crown rot. (Figure 3). The remaining 48% of trees inventoried were determined to be either in a state of decline, in poor condition, or dead due to biotic and abiotic stressors including but not limited to neglect, fire (homeless encampments), sooty mold, and Phytophthora root and crown rot , or boring beetles. No symptoms of sudden oak death were observed.

2 Two (2) trees (Trees 728 and 730) were included in this calculation due to their proximity to the project site. 69 70
71 Mercedes Benz Project Tree Assessment and Arborist Report

February 2026

4. DISCUSSION/CONCLUSION

4.1 Tree Preservation
The project proposes to retain one (1) Monterey cypress (Tree No. 732). Efforts were made to retain two (2) additional Monterey cypress trees (Tree Nos. 712 and 752) through design modifications; however, these efforts were determined to be infeasible. Meetings with the project’s Civil Engineer (Whitson Engineers) explored options to preserve Tree Nos. 712 and 752, but it was ultimately concluded that preservation would require the construction of extensive retaining walls. T he retaining walls would significantly impact over 30% of the CRZ of these trees and the ultimate survival of the two (2) trees cannot be guaranteed.

Alternatively, DD&A, Whitson, as well as the project landscape architect (vanderToolen Associates Inc.) recommend the removal of Tree Nos. 712 and 752 in order to grade the area to a more natural slope. This would allow the area to be revegetated with native plant species which would provide long term beneficial erosion control and restoring and revegetating a more natural slope was determined to be the more feasible and sustainable approach.

4.2 Tree Removal
As a result of the proposed project, 41 Monterey cypress trees would require removal for the construction of the project pursuant to existing plans (Figure 2, Appendices C & D). The removal of the 41 trees would impact the existing windbreak; however, a majority of the windbreak would be retained within the California Department of Transportation right-of-way adjacent to the western project boundary. Therefore, the removal of these trees is not anticipated to completely remove the windbreak. A tree removal permit from the City is required for all living trees. Three (3) trees proposed for removal are dead; therefore, a tree removal permit is required for the remaining 38 live trees. Tree removal must incorporate the mitigation measures and regulatory requirements of the FEIR, the MMRP, and the UVSP Tree Standards, as follows:
• Pre-construction surveys for active [bird] nests shall be conducted by a qualified biologist within 250 feet of proposed construction activities no more than 30 days prior to construction. If active nests are found and the biologist determines that construction activities would adversely affect the nest or cause nest abandonment, then those activities shall be avoided in these areas until the young have fledged, as by the qualified biologist. Once the young have fledged, construction activities may resume in the vicinity and no further mitigation measures shall be required. • Prior to the removal of large trees, a qualified biologist shall survey the trees for presence of roosting bats. If special-status bat species are present, the following measures shall be implemented:
− Tree removal should not occur if maternity bat roosts are present (between April 15 and August 1) in the trees to be removed.
− No tree removal should occur within 300 feet of the maternity roost until all young bats have fledged, as determined by a qualified biologist.
− If special -status bats are present but there is not an active maternity roost, a Memorandum of Understanding (MOU) with the California Department of Fish and Wildlife (CDFW) should be obtained in order to remove the animals prior to tree removal. Alternate habitat may need to be provided if bats are to be excluded from 72 Mercedes Benz Project Tree Assessment and Arborist Report

February 2026
maternity roosts. A roost with comparable spatial and thermal characteristics should be constructed as directed by a qualified biologist. In the event that adult bats need to be handled and relocated, a qualified biologist shall prepare and implement a rel ocation plan subject to approval by CDFW that includes relocating all bats found on- site to an alternate suitable habitat. A Mitigation and Monitoring Plan that mitigates for loss of bat roosting habitat should be prepared by a qualified biologist and approved by CDFW prior to tree removal.
• Existing trees in good or fair condition which are removed shall be replaced on site at a ratio of two replacement trees for each tree removed (2:1) in compliance with MMC and UVSP Standards.

DD&A also recommends trees to be retained, and replanting’s follow the Tree Replacement Plan outlined in Section 5 and Tree Protection Plan outlined in Section 6 below.

4.3 Transplanting
Transplanting trees within this parcel was also explored and discussed. Tree No. 691 was relocated from this parcel to a roundabout located within the Dunes community at the intersection of 8 th Street and Ocean
Bluffs Ave; however, this was a free-standing tree. Free standing trees do not have the same transplanting limitations as those located within a contiguous forest environment. These limitations are described further below.

Transplanting several larger trees was considered to mitigate the loss of tree removal; however, this was determined to be infeasible due to the contiguous forest present along the western project boundary. Trees within a contiguous forest are not recommended for transplanting due to the intertwining of roots with adjacent trees and lack of reaction wood. These trees are not typically capable of supporting themse lves without the stru ctural support of the surrounding forest . Mass damping is a natural mechanism where branches and foliage sway to absorb and dissipate wind energy, allowing trees to minimize structural loads on the trunk and roots and increase mechanical stability during storms. Mass damping is vital to the structural stability of trees and forests and when you have a contiguous forest like the one on the western portion of the project all these trees work together against the natural elements.

Mass damping can be critically disrupted when trees are transplanted , causing the tree to sway more and increasing failure risk. Transplanted trees f rom a contiguous forest do not have the reaction wood and are not resistant to natural elements lik e single standing trees. Additionally, transplanting causes stress (transplant shock), often resulting from significant root mass reduction and associated water stress . Therefore, it is not recommended to transplant any trees from the survey area as they are located within a contiguous forest and are unlikely to survive.

73 Mercedes Benz Project Tree Assessment and Arborist Report

February 2026

5. TREE REPLACEMENT PLAN
Per UVSP Tree Standards, mitigation (i.e., tree replacement) is only required for the removal of healthy trees. Of the 38 living trees planned for removal, 22 are in fair condition and 16 are in poor condition (Appendix A). As a result, a total of 44 replacement plantings are required to mitigate for the removal of 22 healthy trees. Tree replacement shall follow the specifications outlined below.

5.1. Planting Locations
Planting locations for replacement trees shall be as follows:

1. Spacing replacement plantings shall be approximately ten (10) feet from any adjacent established tree or replacement planting or in the most appropriate offset feasible for the site. This spacing allows for efficient early growth and establishment.

2. Any compacted soil shall be scarified to an approximate depth of six (6) inches using hand tools, a rototiller, or similar equipment. Based on site observations , the need for soil decompaction is expected to be minimal. Soil decompaction shall not be performed within ten (10) feet of any existing tree to avoid impacting the root system or trunk.

5.2. Planting Methods
Planting methods for replacement trees shall be as follows:

1. Planting shall occur during the cool season after several winter rain events have moistened the soil to a depth of at least six (6) inches and shorter photoperiods and cooler daily temperatures reduce the stress on new plants (typically November – February). When feasible, planting will be scheduled during periods of cool weather when precipitation is forecasted. Installing container stock during the winter when soil is moist maximizes the odds of success.

2. Following the determination of tree location by the restoration practitioner or arborist, a planting pit shall be excavated at each location that is equal to the depth of the container and approximately twice the width of the container. Each tree shall be carefully removed from the container and placed upright in the planting pit so that the stem is vertical and the root crown is level with existing grade.

Each pit shall be backfilled with existing native soil. Soils shall be compressed around the rootball to remove air pockets, and a water retention basin of at least two (2) feet diameter shall be constructed around each tree. Following planting, each tree shall be watered with approximately five (5) gallons of water.

3. Mulch shall be placed approximately 2-4-inches deep around container stock plantings to improve retention of soil moisture and suppress weed growth around new plantings. Mulch shall be placed six (6) inches away from the base of the plantings to allow the tree to respire and avoid the propagation of root rot. Mulch products may include clean wood chips (placed to a thickness of two inches) from a known source, coir weed mats, or similar biodegradable natural products. Mulch with plastic or other non-biodegradable materials shall be prohibited.

4. Tree plantings shall be watered for at least one (1) year after planting to promote successful establishment. Irrigation may be completed by hand or by a drip irrigation system. Irrigation is expected to be required primarily during the dry months between May and early October and during periods of prolonged dry conditions (i.e., >2 weeks) during the winter. 74 Mercedes Benz Project Tree Assessment and Arborist Report

February 2026

5. A qualified arborist shall inspect replacement plantings for the first two (2) years to monitor survivability and growth progress. If the arborist determines replacement plantings are declining, they shall be replaced at a 1:1 ratio in compliance with measures outlined in this report, and the monitoring period will be reset.

6. TREE PROTECTION PLAN

6.1 Protective Fencing
All trees which will be retained during construction but whose Tree Protection Zone (TPZ) lies within or partially within the project site shall be protected prior to and during construction per the following specifications:

1. Fencing or barricades shall be installed along the entire perimeter of a tree’s TPZ to the extent feasible; generally, no less than 75 percent of a tree’s TPZ shall be within the fenced area. However, fencing location may be adjusted or omitted in coordination with a certified arborist.

2. Fencing shall consist of either chain link, supported snowdrift or plastic mesh, hay bales, or field fence. Fencing shall have cross bracing (typically 2x4 material) on both the top and lower edges of the fencing material to prevent sagging and provide lateral support. Fencing shall stand a minimum height of five (5) feet above grade.

3. Fenced areas and the trunk protection materials shall remain in place during the entire construction period. Torn or damaged roots shall be cleanly cut to sound wood wherever possible to minimize decay entry points. Any root found that must be cut should be cut by manually digging a trench and cutting exposed roots with a saw, vibrating knife, rock saw, narrow trencher with sharp blades, or other approved root pruning equipment. No tree seals shall be used as seal material promotes decay.

6.2 Soil Related Construction Activities
All activities within the CRZ shall be coordinated with the project arborist prior to entering if changes from this plan are proposed . All recommended measured below shall only be modified with coordination with the project arborist and/or the city.

Prohibited Activities within TPZ

4. No parking of vehicles or equipment, or storage of materials shall be permitted with.in the dripline of the trees designated to remain.

5. Staging areas and access routes shall be designed to avoid trees and tree canopies.

6. Soil compaction, parking of vehicles or heavy equipment, stockpiling of construction materials, and/or dumping of materials is not permitted within the CRZ for trees on the property.

Permitted Activities Under Direct Supervision of the Project Arborist

7. Soil disturbance (e.g., over excavation, sub excavation, grading, compaction or trenching) beyond a feature to be built within or near a TPZ shall be reduced to a maximum extent possible to reduce or avoid soil related impacts within TPZ. In no instance should disturbance exceed the following distances towards a tree's trunk: 12 inches for a curb, gutter, walkway or 24 inches for retaining walls, foundations and concrete pads.
75 Mercedes Benz Project Tree Assessment and Arborist Report

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8. For protected trees where the TPZ was reduced from the dripline at the direction of the project forester or arborist, a mulch layer up to approximately four (4) inches deep shall be applied to the ground following construction. Only one (1) to two (2) inches of mulch should be applied within one (1) to two (2) feet of the trunk, and under no circumstances should any soil or mulch be placed against the root crown (base) of trees. The best source of mulch would be from chipped material generated on-site.

9. All trenching, soil scraping, over excavation, and grading (soil cuts, over excavation, fill, and finish-grading) shall be avoided within the TPZ, as feasible or under the direct supervision of the project arborist.

6.3 Root Pruning and Protection
Pursuant to ANSI A300 Standards for Root Pruning and Tree Protection the following measures shall be implemented throughout construction:

10. If roots must be left exposed for more than eight (8) hours, cover them with wet burlap and mist with water to prevent them from drying out.

11. Roots greater than two (2) inch will be inspected and evaluated by the project arborist. If necessary, the root will be retained, wrapped in protective material (foam pipe wrap) and avoided.

12. Never cut roots over two (2) inches diameter without prior consultation from the project arborist, as these are typically structural roots and critical to the tree's health and stability.

13. Roots shall be cut clean with a sharp saw or loppers to encourage wound closure and discourage decay.

14. Fill the area where root was exposed or pruned with quality topsoil. A layer of mulch helps retain moisture and encourages new root growth.

15. Water the area thoroughly and monitor the tree for signs of stress or pests, especially if rainfall is inadequate.

16. All pruning shall be following the Tree Pruning Guidelines (International Society of Arboriculture) and/or the ANSI A300 Pruning Standard (American National Standard for Tree Care Operations) and adhere to the most recent edition of ANSI Z133.1.

76 Mercedes Benz Project Tree Assessment and Arborist Report

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7. REFERENCES
Chojnacky, David C. 1999. Converting Tree Diameter Measured at Root Collar to Diameter at Breast Height.

City of Marina Municipal Code, 2026. Chapter 17.62 – Tree Removal, Preservation, and Protection.

Dunster and Dunster, 1996. Dictionary of Natural Resource Management, Dunster and Dunster.

8. GLOSSARY
Definitions provided by Dunster and Dunster, 1996. Dictionary of Natural Resource Management Critical Root Zone (CRZ) – The area of soil around a tree's trunk that contains the majority of its important, fine, and absorbing roots—vital for water and nutrient uptake. This zone is essential for the tree's health and stability.

Mass Dampening – The process by which smaller, flexible branches sway at different frequencies than the main trunk, absorbing and dissipating wind energy rather than transferring it all to the trunk and roots.

Reaction Wood – Specialized wood produced by trees to correct structural imbalances caused by leaning, wind, or heavy snow, acting as a gravitational response to restore verticality.

Root Zone – refers to the area of soil surrounding a tree's roots that is critical for water and nutrient uptake.

This zone typically extends beyond the tree's drip line—the outermost edge of the canopy. The critical root zone, often defined as the area within the drip line, is vital for the tree's stability and health; damaging roots in this area can cause significant dieback or even death.

Tree Protection Zone (TPZ) – a designated area surrounding a tree, established during construction or development, that must be kept free from disturbance to protect the tree's health and structural stability.

77 Mercedes Benz Project Tree Assessment and Arborist Report February 2026

ATTACHMENT A
Project Civil Plans
and
Landscaping Plans
78 Mercedes Benz Project Tree Assessment and Arborist Report

February 2026

ATTACHMENT B
Tree Table

79 Mercedes Benz Project Appendix B

1 Appendix B – Tree Table for the Mercedes Benz Project Tree
Number
Species Common DBH per Stem Total
DBH
Dripline per
MMC (ft)
CRZ (ft) Health Status Comment
696 Hesperocyparis macrocarpa Monterey Cypress 9 9 11 3 Fair Remove 697 Hesperocyparis macrocarpa Monterey Cypress 8

8 10 3 Fair Remove

698 Hesperocyparis macrocarpa Monterey Cypress 58 30 29 18 74 92 25 Poor Remove Sooty mold, Structural 699 Hesperocyparis macrocarpa Monterey Cypress 12

12 15 4 Fair Remove

700 Hesperocyparis macrocarpa Monterey Cypress 11

11 14 4 Poor Remove

701 Hesperocyparis macrocarpa Monterey Cypress 14

14 18 5 Poor Remove

702 Hesperocyparis macrocarpa Monterey Cypress 30

30 38 10 Poor Remove Sooty mold, Structural
703 Hesperocyparis macrocarpa Monterey Cypress 7

7 9 2 Fair Remove

704 Hesperocyparis macrocarpa Monterey Cypress 22

22 28 7 Fair Remove

705 Hesperocyparis macrocarpa Monterey Cypress 18

18 23 6 Fair Remove

706 Hesperocyparis macrocarpa Monterey Cypress 16

16 20 5 Fair Remove

707 Hesperocyparis macrocarpa Monterey Cypress 30

30 38 10 Fair Remove

708 Hesperocyparis macrocarpa Monterey Cypress 10

10 13 3 Fair Remove

709 Hesperocyparis macrocarpa Monterey Cypress 16

16 20 5 Fair Remove

710 Hesperocyparis macrocarpa Monterey Cypress 19

19 24 6 Poor Remove Sooty mold, Structural
711 Hesperocyparis macrocarpa Monterey Cypress 20

20 25 7 Fair Remove

712 Hesperocyparis macrocarpa Monterey Cypress 68

68 85 23 Fair Remove

713 Hesperocyparis macrocarpa Monterey Cypress 20

20 25 7 Poor Remove Sooty mold
714 Hesperocyparis macrocarpa Monterey Cypress 12

12 15 4 Poor Remove Sooty mold
715 Hesperocyparis macrocarpa Monterey Cypress 14

14 18 5 Fair Remove

731 Hesperocyparis macrocarpa Monterey Cypress 17

17 21 6 Fair Remove

732 Hesperocyparis macrocarpa Monterey Cypress 36

36 45 12 Fair Retain

733 Hesperocyparis macrocarpa Monterey Cypress 18

18 23 6 Poor Remove Sooty mold, Structural
734 Hesperocyparis macrocarpa Monterey Cypress 12

12 15 4 Poor Remove Sooty mold
735 Hesperocyparis macrocarpa Monterey Cypress 29

29 36 10 Fair Remove

736 Hesperocyparis macrocarpa Monterey Cypress 21 21

30 37 10 Fair Remove

737 Hesperocyparis macrocarpa Monterey Cypress 30

30 38 10 Fair Remove

738 Hesperocyparis macrocarpa Monterey Cypress 31

31 39 10 Poor Remove Sooty mold, Structural
739 Hesperocyparis macrocarpa Monterey Cypress 33

33 41 11 Poor Remove Sooty mold, Structural
740 Hesperocyparis macrocarpa Monterey Cypress 28

28 35 9 Poor Remove Sooty mold, Structural
80 Mercedes Benz Project Appendix B

2 Tree
Number
Species Common DBH per Stem Total
DBH
Dripline per
MMC (ft)
CRZ (ft) Health Status Comment
741 Hesperocyparis macrocarpa Monterey Cypress 50

50 63 17 Fair Remove

742 Hesperocyparis macrocarpa Monterey Cypress 21

21 26 7 Poor Remove Sooty mold, Structural
743 Hesperocyparis macrocarpa Monterey Cypress 62

62 78 21 Fair Remove

744 Hesperocyparis macrocarpa Monterey Cypress 28

28 35 9 Poor Remove Sooty mold, Structural
746 Hesperocyparis macrocarpa Monterey Cypress 37

37 46 12 Poor Remove Sooty mold, Structural
747 Hesperocyparis macrocarpa Monterey Cypress 17

17 21 6 Dead Remove

748 Hesperocyparis macrocarpa Monterey Cypress 16

16 20 5 Dead Remove Burned
749 Hesperocyparis macrocarpa Monterey Cypress 19

19 24 6 Dead Remove Burned
750 Hesperocyparis macrocarpa Monterey Cypress 9

9 11 3 Poor Remove Canker
751 Hesperocyparis macrocarpa Monterey Cypress 18

18 23 6 Fair Remove

752 Hesperocyparis macrocarpa Monterey Cypress 60

60 75 20 Fair Remove

745b Hesperocyparis macrocarpa Monterey Cypress 20

20 25 7 Fair Remove

81 Mercedes Benz Project Tree Assessment and Arborist Report February 2026

ATTACHMENT C
Photo Log
82 Tree 696. Tree 697.

Tree 698. Tree 699.
83 Tree 700. Tree 701.

Tree 702. Tree 703 .
84 Tree 7 04 . Tree 705.

Tree 706. Tree 707.
85 Tree 708. Tree 709.

Tree 710 . Tree 711.
86 Tree 712 . Tree 713 .

Tree 714. Tree 715.
87 Tree 731. Tree 732.

Tree 733. Tree 734.
88 Tree 735. Tree 736.

Tree 737. Tree 738.
89 Tree 739. Tree 740.

Tree 741. Tree 742.
90 Tree 743. Tree 7 44 .

Tree 745b. Tree 746.
91 Tree 747. Tree 748.

Tree 749. Tree 750.
92 Tree 751. Tree 752.
93 94
95 96
97 98
99 100
Exhibit E-Car Dealership Arborist Reports:
https://www.cityofmarina.org/1198/Current-Development-Projects 101
April 23, 2026
Marina Planning Commission
211 Hillcrest Avenue
Marina, CA 93933
RE: Item 7A – 2101 1st Mercedes Benz Car Dealership
Dear Members of the Planning Commission:

Monterey-Salinas Transit District (MST) provides public transportation throughout Monterey County and provides an extensive transit network including at the Marina Transit Exchange in the City of Marina.

MST currently serves two (2) bus stops within the vicinity of the proposed Mercedes Benz Car Dealership along 2nd Avenue. These bus stops are served daily by Line 18, which provides hourly service between Sand City and Marina via Monterey Road and CSU Monterey Bay.

The proposed Mercedes Benz Car Dealership site is also located within close proximity to MST’s future SURF! Busway and Bus Rapid Transit Project at the 5th Street Station, currently under construction.

Previous coordination between the City of Marina and MST resulted in MST constructing a sidewalk and a Class I bike lane along the west side of 1st Avenue (Attachment 1). The intention is for future developments to connect to this Class I multiuse trail along 1st Avenue all the way from 8th Street to Divarty. The multiuse trail is an important connection to State Parks at the 8th Street bridge and at Divarty. MST is pleased to see the applicant has included an extension of the bike lane along its project frontage, so there will be a seamless connection to the infrastructure MST installed.

If at any point during construction, access to MST facilities must be temporarily blocked or modified, MST requests that City staff or contractors coordinate with MST prior to construction to ensure appropriate arrangements can be made for the temporary closure and restoration of MST facilities.

Advanced notification should be sent to [email protected]. If you have any questions about the above, please do not hesitate to contact me at [email protected] or 831-264-5877.

Sincerely,
Michelle Overmeyer
Director of Planning and Innovation
CC: Liesbeth Visscher, Mayor Pro-Tem & MST Board Member Guido F. Persicone, Marina Community Development Director

EXHIBIT F
102

Attachment 1: 1st Avenue West Class I Bikeway

EXHIBIT F
103
STOP

FIRST AVE
8TH ST
A
A
STOP

FIRST AVE

DIVARTY ST
A
A
1ST AVENUE WEST CLASS I BIKEWAY December 22
MST SURF! BRT PROJECT
NORTH
5TH STREET

TRANSIT
CENTER
DUNES

DEVELOPMENT

FIRST AVENUE

DIVARTY
STREET
5TH STREET

TRANSIT
CENTER
DUNES

DEVELOPMENT
DUNES

DEVELOPMENT
3RD
STREET
J
STREET
I
STREET
6TH
STREET
7TH
STREET
8TH
STREET

SECTION A-A
A
A

CITY OF MARINA PARCEL
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CLASS 1

BIKEWAY

PARKWAY STRIP

SIDEWALK

PARKWAY STRIP
CLASS 1

BIKEWAY

PARKWAY STRIP

SIDEWALK

PARKWAY STRIP

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RESOLUTION NO. 2026-45

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

AMENDMENT TO THE SALES TAX REVENUE SHARING AGREEMENT BETWEEN

THE CITY OF MARINA AND UNSTOPPABLE AUTOMOTIVE MBMCA LLC TO ASSIST

WITH THE CONSTRUCTION COSTS AND SITE DEVELOPMENT OF AN AUTOMOBILE

DEALERSHIP AND AUTHORIZING THE CITY MANAGER TO EX ECUTE THE AMENDMENT SUBJECT TO FINAL REVIEW BY THE CITY ATTORNEY.

WHEREAS, on May 20, 2025, the City Council approved a Sales Tax Revenue Sharing Agreement between the City of Marina and Unstoppable Automotive MBMCA LLC including an Economic Development Subsidy Report pursuant to Government Code Section 53803 (AB 562 Report); and, WHEREAS, on July 18, 2025, the City Council approved an amendment to the Sales Tax Revenue Sharing Agreement allowing the dealership signage to be changed from “Mercedes-Benz of Marina” to “Mercedes-Benz of Monterey; and,
WHEREAS, there is no change in subsidy amount to the approve d Sales Tax Revenue Sharing Agreement; and
WHEREAS, the amendment changes the commencement of construction date from January 1, 2026, to September 10, 2026, and changes the completion of construction from no later than fifteen (15) months after commencement of construction to no later than eighteen (18) months after comme
ncement of construction.

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

1. Adopting Resolution No. 2026- approving an amendment to the construction timelines in the approved Sales Tax Revenue Sharing Agreement between the City of Marina and Unstoppable Automotive MBMCA LLC to assist with the construction costs and site development of an automobile dealership; and

2. Authorizing the City Manager to execute the amendment subject to review by the City Attorney.

PASSED AND ADOPTED, by the City Council of the City of Marina at a regular meeting duly held on the 21st day of April 2026 by the following vote:

AYES: COUNCIL MEMBERS: McAdams, McCarthy, Biala, Delgado, Visscher NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None
__________________________
Liesbeth Visscher, Mayor Pro Tem
ATTEST:
___________________________
Anita Sharp, Deputy City Clerk

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SALES TAX REVENUE SHARING AGREEMENT
This Sales Tax Revenue Sharing Agreement (this “ Agreement”) is entered into on __________, 20 25 by and between the City of Marina, a California municipal corporation ( the “City”), and Unstoppable Automotive MBMCA LLC, a California limited liability company (“Developer”). The City and Developer are collectively referred to herein as the “ Parties” and individually as a Party.

RECITALS
A. The City and Marina Community Partners (“ MCP”) entered into that certain Development Agreement dated July 8, 2005 and recorded in the Official Records of Monterey County as Document No. 2005080655 on August 5, 2005 , as modified by that Administrative Modification to Development Agreement dated May 28, 2010 and that Second Administrative Modification to Development Agreement dated March 29, 2013 (collectively, the "Development Agreement") with regards to that certain development commonly referred to as the Dunes on Monterey Bay. The Dunes development is a mixed -use development including retail, office, hotel and residential uses.

B. MCP entered into a Disposition and Development Agreement with the former Redevelopment Agency of the City of Marina dated as of May 31, 2005 as modified by that certain Implementation Agreement Regarding University Village dated September 6, 2006 and that certain Second Implementation Agreement dated August 5, 2008, that certain Operating Agreement Clarifying and Modifying Certain Project Approvals for the Specific Plan for the Dunes on Monterey Bay dated December 17, 2019, that certain University Villages Settlement Agreement between MCP, the City of Marina and Save Our Peninsula Committee and that certain Order of The Court of Appeal dismissing appeal filed September 20, 2006 and that certain Stipulation Between Plaintiffs Monterey/Santa Cruz County Building And Construction Trades Council; International Brotherhood of Electrical Workers, Local 234; Mechanical Contractors Council of Central California and Ranae and William Gary Martin and Defendants Marina Community Partners, LLC ; Shea Properties LLC; W.L. Butler Construction, Inc.; City of Marina Redevelopment Agency and Board of the City of Marina Redevelopment Agency; Cypress Marina Heights LP and East Garrison Partners I LLC and Order of Approval filed October 9, 2008 (collectively, the “DDA”) setting forth rights, terms, conditions and requirements for the acquisition and development of certain real property described therein (the “Site”) and referred to originally as University Villages and currently referred to as the Dunes. The City has succeeded to the former Redevelopment Agency’s rights and obligations under the DDA.

C. Developer is proposing to acquire certain property consisting of a portion of the Site and more particularly described in Exhibit A attached hereto (“ Property”) upon which Developer proposes to develop and operate an approximately 60,000 square foot automobile dealership for the sale and service of Mercedes Benz automobiles and Sprinter Vans and AMG service department (“Development”). Developer, as a condition of acquiring the automobile dealership to be located in the Development is required by the car ma nufacturer to develop the Development consistent with the manufacturer’s standards resulting in development costs that exceed the amount Developer can reasonably be expected to recover from operation of the Development.

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D. The City has determined that the Development is an important catalyst for the continued development of the Dunes Project and that development of the Development will provide substantial direct and indirect benefits to the City and economic opportunities, including sales tax revenues, increased property tax revenues and increased jobs in the region , will enhance the City’s position as a regional retail and commercial destination and serve as a catalyst for additional retail and commercial development.

E. The City has determined that the development and operation of the Development in accordance with this Agreement is in the best interest of the City and will provide significant benefits to the City and the community and therefore is willing to enter into this Agreement to provide financial assistance to the Developer in accordance with the terms and conditions set forth below and in exchange for the Developer’s agreement to develop and operate the Development.

F. The City has determined that an economic development subsidy to the Developer as set forth in this Agreement is appropriate because of the costs associated with the construction of the Development, the sales tax and property tax benefits to the City, and the increased employment expecte d from the Development all as more specifically described in the Economic Impact Analysis attached as Exhibit C and incorporated herein.

G. City is a Charter City. The subject matter of this Agreement is a municipal affair and, therefore, except for those provisions of state law expressly adopted by City, the provisions of state law applicable to general law cities do not apply to this Agreement.

H. City Council of the City approved this Agreement on May 20, 2025 pursuant to Resolution No. 2025-48, as amended by Resolution No. 2025 -83 adopted on adopted on July 18, 2025 attached as Exhibit D and incorporated herein (collectively “City Resolutions”).

AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals, the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows:

ARTICLE 1.

DEFINITIONS
Section 1.1 Definitions. In addition to the terms defined elsewhere in this Agreement, the following capitalized words shall have the following meanings:
(a) "Agreement" means this Sales Tax Revenue Sharing Agreement. (b) “City” is defined in the preamble.
(c) “Conditions Precedent” means all of the following: (i) the Developer has completed the Development within the time set forth in Section 3.2 below; (ii) the Developer has submitted a cost certification pursuant to Section 3.3 below to the City that the Development Costs are not less than Forty Million Dollars ($40,000,000); and (iii) no Developer Event of Default shall have occurred.

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(d) “Developer” is defined in the preamble.
(e) “Developer Event of Default” is defined in Section 4.3. (f) “Developer Sales Tax Share” means fifty percent ( 50%) of the Sales Tax generated by the Development during the Term of this Agreement. (g) “Effective Date” is defined in Section 2.1.
(h) “Fiscal Year” means the fiscal year of City beginning on July 1 and ending on June 30 of each year.
(i) “Fiscal Year Quarter” means each three month period of a Fiscal Year commencing with July 1 of each Fiscal Year.
(j) “Force Majeure Event” is defined in Section 3.8.
(k) “Indemnitees” means City and its councilmembers, officers, officials, employees, volunteers, representatives, attorneys, and consultants. (l) “Opening” means the date that the Development opens for business for sales and services to Developer’s customers during normal business hours. (m) “Party” means either the City or Developer.
(n) “Parties” means collectively the City and Developer. (o) “Sales Tax Law” means the Bradley-Burns Uniform Local Sales and Use Tax Law (California Revenue and Taxation Code section 7200, et seq.). If the Bradley -Burns Uniform Local Sales and Use Tax Law is further amended, terminated or rescinded, and Sales Taxes are calculated in an alternate manner or are replaced by an alternate revenue stream (i) arising from the retail sale, use or other consumption of tangible personal property from or on the Property, or (ii) designated as being a replacement for Sales Tax es previously generated by the retail sale, use or other consumption of tangible personal property on or from the Property, then “Sales Taxes” shall also mean those revenues attributable to sales, services or consumption of tangible personal property on or from the Property, collected for City in the alternate manner of calculation, so long as City receives its portion of such revenues and has the legal right under California and/or federal Law to retain and control the disposition of all of its portion thereof. (p) “Sales Taxes ” means for each Fiscal Year Quarter during the Term, that portion of taxes actually received by City from the imposition of Sales Tax Law attributable to the sales, services or business activities of Developer at the Development to the extent allocated and paid by the State Board of Equalization to City for its use, in a particular Fiscal Year Quarter. The defined term “Sales Taxes” shall not include any of the following: (i) any sales tax levied by, collected for or allocated to the State of California, the County, or any district or entity (including an allocation to a statewide or Countywide pool) other than City; (ii) any administrative fee charged by the State Board of Equalization or the County; (iii) any sales tax subject to any sharing, rebate, offset or other charge imposed pursuant to any applicable Law; (iv) any sales tax (or other funds measured as sales tax) required by the State of California to be paid over to another public entity (including the State) or set aside and/or pledged to a specific use other than for deposit into City’s general fund; (v) the district sales tax imposed by the City of Marina currently set at 1.5%; (vi) any other sales tax that is imposed

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within the boundaries of City and which is intended to fund a specific activity or project, rather than to be used by City as general fund revenues, or which has specific voter approved limitations on its uses. No Sales Taxes shall be considered to have been received by City until City is able to confirm the amount of City’s actual receipt thereof from the State Board of Equalization. (q) “Term” is defined in Section 2.2.

ARTICLE 2.

EFFECTIVE DATE AND TERM
Section 2.1 Effective Date. This Agreement shall take effect the date this Agreement is signed by both Parties (the “Effective Date”).

Section 2.2 Term. The term of this Agreement begins on the Effective Date and ends on the later of (i) the October 1st immediately following the fifth (5th) anniversary of the Opening of the Development, subject to a year-for-year tolling in the event of a Force Majeure Event, or (ii) the date on which the Developer shall have received $5,000,000 in City Payments under this Agreement, unless terminated pursuant to the express provisions of this Agreement (the “Term”).

ARTICLE 3.

DEVELOPER REIMBURSEMENT
Section 3.1 Payment of Development Costs . Developer shall be responsible for the payment of all costs associated with the Development, including, but not limited to costs of construction, permit and impact fees, costs of any off -site improvements required as a condition of approval of the Development and any other costs.

Section 3.2 Development. Developer shall commence construction of the Development no later than September 1, 2026, and complete construction no later than eighteen (18) months after commencement as evidenced by a certificate of occupancy or final permit sign off by the City . The time frames for commencement and completion are subject to extension pursuant to Section 3.8. The Development shall be constructed consistent with the concept design plan submitted by the Developer to the City and attached hereto as Exhibit B and any City approvals including, but not limited to the City Resolutions.

Section 3.3 Development Costs. The City payments provided herein are being provided because the costs of the Development exceed the amounts that the Developer can reasonably expect to recover from the operation of the Development. In order to verify the costs of the Development, the Developer shall provide the City within thirty (30) days of completion of construction of the Development a cost certification showing all costs associated with the acquisition, entitlement, construction and marketing of the Development, together with fixtures, furnishings and equipment, including, but not limited to all land costs, design and engineering costs, hard and soft costs, permit and impact fees and all other costs to complete the Development and open for business (collectively, “Development Costs”). Upon receipt of the Developer’s cost certification, the City may request additional information and supporting documentation including but not limited to construction contracts, contractor payment applications, invoices and other evidence of payments. Submission of a cost certification along with such evidence as the City may require to verify costs documenting that at least Forty Million Dollars ($40,000,000) was spent on the Development Costs is a Condition Precedent to the City payments set forth in Section 3.6.

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Section 3.4 Developer Annual Report. No later than sixty (60) days following the end of each Fiscal Year, commencing upon the end of the first Fiscal Year after the Opening the Developer shall provide the City with a report on the performance of the Development, including, but not limited to, annual gross sales, total number of employees as well as the total full time equivalent employees with a breakdown of the job types and the number of employees that are Marina resi dents. The City may from time to time request additional information to be included in the annual reports. The City shall have the right by written notice to the Developer to review Developer’s books and records to confirm information provided in the annual report.

Section 3.5 City Business License. Developer shall maintain a City Business License at all times that the Development is open for business.

Section 3.6 City Payments.
(a) Subject to satisfaction of all Conditions Precedent, commencing on the date that is ninety (90) days following the end of the first full Fiscal Year Quarter after the Development Opening occurs and ninety (90) days following the end of each Fiscal Year Quarter thereafter throughout the Term, the City shall pay to Developer the Developer Sales Tax Share of the Sales Tax based on the Sales Tax actually received by the City during the immediately previous Fiscal Year Quarter, along with a certification by the City’s Finance Director specifying the total amount of Sales Tax received from the operation of the Development during the previous Fiscal Year Quarter (“City Payment(s)”).

Nothing contained in this Agreement shall obligate or otherwise commit the City to pay any amount to Developer unless and until the City receives the Sales Tax es attributable to sales, services or business activities of Developer at the Development.
(b) Developer shall, at the request of the City, provide the City with its Sales Tax reporting forms submitted to the State Board of Equalization to verify the Sales Tax reported to the Board of Equalization. Developer shall designate the Property as the point of sale for sales tax purposes for all goods and services sold or leased on the Property, whose sales or leases origina te from the Property.
(c) Following receipt of the City’s certification of the Sales Tax for the prior Fiscal Year Quarter, Developer shall review the amount of Sales Tax determined by the City’s Finance Director and shall either approve or disapprove the amount within thirty (30) days of receipt. Failure to notify the City of Developer’s disapproval within thirty (30) days of receipt shall be deemed Developer’s approval of the City Finance Director’s calculations. Any disapproval shall state in writing the reasons for disapprov al and the requested changes and shall provide any additional information or documentation available to Developer to support Developer’s determination of the Sales Tax. The City, upon receipt of a disapproval by Developer and the additional information, shall review all information provided by Developer and either re-determine the Sales Tax for the previous Fiscal Year Quarter or provide Developer with a statement of disagreement with regards to the Sales Tax received by the City. In the event the City an d Developer cannot agree on any item of the certification, the City and Developer shall submit the item mediation pursuant to Section 4.5 below.

Section 3.7 Failure to Operate. If the Development ceases to operate for a period of sixty (60) consecutive days absent a Force Majeure E vent, the City shall have the right to terminate this Agreement, and the City shall have no obligation to make any further payments to Developer. Any expansion, renovation, repair or restoration of damage by Developer shall not be deemed a discontinuance of operations under this Section.

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Section 3.8 Force Majeure . In addition to specific provisions of this Agreement, performance by any Party hereunder shall not be deemed to be in default where delays or defaults are due to war; insurrection; riots; pandemics, floods; earthquakes; fires; or casualties (a “Force Majeure Event”). An extension of time for Force Majeure Event shall only be for the period of the enforced delay, which period shall commence to run from the time of the notification of the delay by the Party requesting the extension to the ot her Party. The Party requesting an extension of time under this Section 3.8 shall give notice promptly following knowledge of the delay to the other Party. If, however, notice by the Party claiming such extension is sent to the other Party more than thirty (30) days after knowledge of the commencement of the delay, the period shall commence to run upon the earliest of (i) thirty (30) days prior to the giving of such notice ; (ii) the date that the other Party received knowledge of the events giving rise to the delay or (iii) if the Force Majeure Event is one that results in the temporary closure of the Developer Store, the date of such closure.

Section 3.9 Limited City Obligation. The obligations arising from this Agreement are not a debt of the City, nor a legal or equitable pledge, charge, lien, or encumbrance upon any of its property or upon any of its monies, income, receipts, or revenues, except the revenues from the Sales Tax as provided herein . Neither the general nor any other fund of the City shall be liable for the payment of any obligations arising from this Agreement. The credit or taxing power of the City is not pledged for the payment of any obligation arising from this Agreement. Nothing herein shall provide Developer any right to compel the forfeiture of any of the City's property to satisfy any obligations arising from this Agreement. The obligations created by this Agreement do not create an immediate indebtedness of the City, but rather create a liability only when a payment becomes due hereunder.

ARTICLE 4.

DEFAULT AND REMEDIES
Section 4.1 Application of Remedies . The provisions of this Article shall govern the Parties' remedies for breach of this Agreement.

Section 4.2 Fault of City.
(a) Event of Default . Following notice and opportunity to cure as set forth in subsection (b) below, each of the following events constitutes a "City Event of Default" and a basis for Developer to take action against the City:
(i) The City fails to make any payment to Developer when required under this Agreement.
(ii) The City breaches any other material provision of this Agreement. (b) Notice and Cure Procedure . Upon the occurrence of any of the above - described events, Developer shall first notify the City in writing of its purported breach or failure, giving the City thirty (30) days from receipt of such notice to cure such breach or failure. In the event the City does not then cure the default within such thirty (30) -day period (or, if the default is not reasonably susceptible of cure within such thirty (30)-day period, the City fails to commence the cure within such period and thereafter to prosecute the cure diligently to completion), then Developer shall be entitled to pursue any or both of the following remedies: (1) terminating this Agreement by written notice to the City; and (2) exercising its remedies as provided in Section 4.4. If Developer elects to terminate this Agreement, the provisions of this Agreement that are specified to survive such termination shall remain in full force and effect.

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Section 4.3 Fault of Developer.
(a) Event of Default . Following notice and opportunity to cure as set forth in subsection (b) below, each of the following events constitutes a "Developer Event of Default" and a basis for the City to take action against Developer:
(i) Developer fails to construct the Development or fails to Open the Development.
(ii) Developer fails to maintain a valid City Business License or fails to comply with any other material City laws or regulations. (iii) Developer: (1) files for bankruptcy, dissolutio n, or reorganization, or fails to obtain a full dismissal of any such involuntary filing brought by another party before the earlier of final relief or ninety (90) days after the filing; (2) makes a general assignment for the benefit of creditors; (3) applies for the appointment of a receiver, trustee, custodian, or liquidator, or fails to obtain a full dismissal of any such involuntary application brought by another party before the earlier of final relief or ninety (90) days after the filing; (4) becomes insolvent; or (5) fails, is unable or admits in writing to its inability to pay its debts as they become due. (iv) Developer breaches any other material provision of this Agreement. (b) Notice and Cure Procedure. Upon the happening of any of the above-described events the City shall first notify Developer in writing of its purported breach or failure, giving Developer thirty (30) days from receipt of such notice to cure such breach or failure. If Developer does not cure the default within such thirty (30) -day period (or if the default is not reasonably susceptible of being cured within such thirty (30)-day period, Developer fails to commence the cure within such period and thereafter to prosecute the cure diligently to completion), then the City shall be entitled to pursue any or both of the following remedies: (1) terminating this Agreement by written notice to Developer; (2) exercising its remedies pursuant to Section 4.4. If the City elects to terminate this Agreement, the provisions of this Agreement that are specified to survive such termination shall remain in full force and effect.

Section 4.4 Remedies.
(a) Either Party may, in addition to any other rights or remedies that it may have available in law or equity (excluding punitive damages and consequential damages) , institute legal action to cure, correct, or remedy any default by the other Party to this Agreement, to enforce any covenant or agreement herein, or to enjoin any threatened or attempted violation hereunder or to seek specific performance. For purposes o f instituting a legal action under this Agreement, any City Council determination under this Ag reement as it relates to an alleged default hereunder shall be deemed a final agency action. Developer acknowledges that it may not collect for future years based on a current or prior default, and that the City’s obligation to pay with respect to any Fiscal Year Quarter is contingent upon receipt of Sales Taxes for that Fiscal Year Quarter and dependent upon the amount of those Sales Taxes and fees for determination of the amount to be paid. (b) The Parties hereby acknowledge and agree that it is a material part of Developer’s consideration to City that Developer, on the one hand, and the City, on the other hand, for themselves, their successors and assignees, hereby release one another's officers, trustees, directors, agents and employees from any and all claims, demands, actions, or suits of any kind or

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nature arising out of any liability, known or unknown, present or future, including, but not limited to, any claim or liability, based or asserted, pursuant to Article I, Section 19 of the California Constitution, the Fifth and Fourteenth Amendments of the United States Constitution, or any other law or ordinance which seeks to impose any money damages, whatsoever because of the terms of this Agreement, or because of the manner of implementation or performance of this Agreement.

Section 4.5 Mediation. If Developer and City have any disputes relating to this Agreement, the Sales Tax amount, each Party’s respective performance or obligations hereunder or a notice of default has been issued, then, upon the written request of either Party given within ten (10) days after written notice of the dispute or the notice of default, as applicable, the issue shall be submitted to nonbinding mediation with a neutral mediator selected by mutual agreement of the Parties. Failure of either Party to timely request mediation shall be deemed a waiver of the mediation process. The mediator shall be selected and the mediation scheduled as soon as is reasonably practicable. The cost of mediation shall be borne equally by the Parties. At the mediation meeting, the mediator shall attempt to bring the Parties together to close the gap between their respective positions, in an effort to settle the dispute or claim, without deciding the matter for the Parties.

ARTICLE 5.

GENERAL PROVISIONS.

Section 5.1 General Indemnity . Developer shall indemnify, defend (with counsel approved by the City ) and hold harmless the City, Councilmembers, officials, employees, agents, consultants, and contractors (collectively, the “Indemnitees”) from and against any and all liabilities, losses, costs, expenses (including without limitation attorneys’ fees and costs of litigation), claims, demands, actions, suits, causes of action, writs, judicial or administrative proceedings, penalties, deficiencies, fines, orders, judgments and damages (all of the foregoing collectively “Claims”) which in any manner, directly or indirectly, in whole or in part, are caused by, arise in connection with, result from, relate to, or are alleged to be caused by, arise in connection with this Agreement, including the negligent or wrongful performance of this Agreement by Developer or any contractor or subcontractor of Developer. This indemnity includes the fees and costs reasonably incurred by the City by its own in-house or special counsel retained to protect the City's interests. Each Party is entitled to legal counsel of its choice, at Developer's expense. The Parties and their respective counsel shall cooperate with each other in the defense of any such actions, including in any settlement negotiations. If a court in any such action awards any form of money damages to such third party, or any attorneys' fees and costs to such third party, Developer shall bear full and complete responsibility to comply with the requirements of such award, and hereby agrees to timely pay all fees and costs on behalf of City. This indemnity obligation shall not extend to any claim to the extent arising solely from the City's gross negligence or the City's failure to perform its obligations under this Agreement, and shall survive termination of this Agreement.

Section 5.2 Challenges to Agreement . Developer hereby agrees to defend (with counsel approved by the City), indemnify, protect and hold harmless the Indemnitees from any costs, losses, damages, claims including reasonable attorneys' fees and costs, resulting from any challenges brought by any third parties to the C ity's authority to enter into this Agreement or to make the payments provided for herein. In the event of any such third-party challenge, the Parties shall meet and confer on the defense of such litigation; and Developer may elect, in Developer’s sole discretion, in lieu of defending (or continuing to defend) against such third-party challenge, to terminate this Agreement.

Section 5.3 Notices, Demands and Communications. Any approval, disapproval, demand, document or other notice to be provided under this Agreement shall be given in writing and shall be

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sent (i) for personal delivery by a delivery service that provides a record of the date of delivery, the individual to whom delivery was made, and the address where delivery was made; (ii) by first-class United States mail, postage prepaid, return receipt requested; or (iii) by a nationally recognized overnight courier service, marked for next day business delivery. All notices shall be addressed to the Party to whom such notice is to be given at the address stated in this Section 5.2 or to such other address as a Party may designate by written notice to the other; notices sent by a Party’s attorney on behalf of such Party shall be deemed delivered by such Party.

City Notice Address:

City of Marina
211 Hillcrest Avenue
Marina, CA 93933
Attn: City Manager
With copies to:

City of Marina
c/o Shute, Mihaly & Weinberger, LLP
550 California Street, Suite 1200
San Francisco, CA 94104
Attn: City Attorney

Developer Notice Address:

Unstoppable Automotive MBMCA LLC
40910 Temecula Center Dr
Temecula, CA 92591
Attn; Garth Blumenthal
Email: [email protected]

With a copy to:

Tribune Law Firm, LLP
601 University Ave, Suite 288
Sacramento, CA 95825
Attn: Sylvia Arostegui
Email: [email protected]

All notices shall be deemed effective on the earliest of (a) actual receipt; (b) rejection of delivery; (c) if sent by first class mail, the third day on which regular United States mail delivery service is provided after the day of mailing or; (d) if sent by overnight delivery service, on the next day on which such service makes next-business-day deliveries after the day of sending.

Section 5.4 No Assignment. Developer may not assign any of its rights or obligations under this Agreement without the prior written consent of the City, which may be withheld or granted in its sole discretion. Notwithstanding the foregoing, Developer shall have the right to assign its rights without the prior written consent of the City in connection with the following: (i) any assignment to an affiliate or related party, or (ii) any assignment for financing pur poses or for collateral purposes,

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provided that prior to any such assignment, the Developer shall provide the City with notice of such assignment and a signed assignment agreement.

Section 5.5 No Joint Venture. It is expressly agreed that City is not, in any way or for any purpose, a partner of Developer or any of Developer’s partners, officers, members, directors, shareholders, principals, agents, employees, contractors or subcontractors, or its or their successors or assigns (each, a “Developer Party”) in the conduct of its or their business or a member of a joint enterprise with Developer or any Developer Party. Neither City nor Developer shall be deemed or construed for any purpose to be t he agent of the other, and City does not assume any responsibility for Developer or any Developer Party’s conduct or performance of this Agreement.

Section 5.6 Counterparts. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument.

Section 5.7 No Waiver. A waiver by either Party of a breach of any of the covenants, conditions or agreements under this Agreement to be performed by the other Party shall not be construed as a waiver of any succeeding breach of the same or other covenants, agreements, restrictions or conditions of this Agreement.

Section 5.8 Modifications. Any alteration, change , amendment or modification of or to this Agreement, in order to become effective, shall be made in writing and in each instance signed on behalf of each Party.

Section 5.9 Severability. If any provision of this Agreement or the application thereof to any person, entity or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this Agreement, or the application of such provision to persons, entities or circumst ances other than those as to which it is invalid or unenforceable, shall not be affected thereby, and each other provision of this Agreement shall be valid and be enforceable to the full extent permitted by Law.

Section 5.10 Legal Advice. Each Party represents and warrants to the other the following:
they have carefully read this Agreement, and in signing this Agreement, they do so with full knowledge of any right which they may have; they have received independent legal advice from their respective legal counsel as to the matters set forth in this Agreement, or have knowingly chosen not to consult legal counsel as to the matters set forth in this Agreement; and, they have freely signed this Agreement without any reliance upon any agreement, promise, statement or representation by or on behalf of the other Party, or its officers, officials, agents, employees, volunteers, representatives, attorneys, or consultants, except as specifically set forth in this Agreement, and without duress or coercion, whether economic or otherwise.

Section 5.11 Cooperation. Each Party agrees to cooperate with the other in this transaction and, in that regard, shall execute any and all documents which may be reasonably necessary, helpful, or appropriate to carry out the purposes and intent of this Agreement.

Section 5.12 Conflicts of Interest. No member, official or employee of City shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official or employee participate in any decision relating to the Agreement which affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested.

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Section 5.13 Applicable Law. The laws of the State of California, without regard to conflict of laws principles, shall govern the interpretation and enforcement of this Agreement.

Section 5.14 No Third-party Beneficiaries. There are no third -party beneficiaries to this Agreement.

Section 5.15 Interpretation. The captions preceding the sections of this Agreement have been inserted for convenience of reference only and such captions shall in no way define or limit the scope or intent of any provision of this Agreement. This Agreement has been negotiated at a rm’s length and between persons sophisticated and knowledgeable in the matters dealt with herein and shall be interpreted to achieve the intents and purposes of the Parties, without any presumption against the Party responsible for drafting any part of this Agreement. Provisions in this Agreement relating to number of days shall be calendar days. Use of the word “including” means “including, without limitation.” As used in this Agreement, masculine, feminine or neuter gender and the singul ar or plural number shall each be deemed to include the others where and when the context so dictates.

The recitals to this Agreement and all exhibits attached hereto are incorporated by reference, as though fully restated herein.

Section 5.16 Time of Essence . Time is of the essence with respect to all obligations of Developer under this Agreement.

Section 5.17 City Approvals and Actions. Whenever a reference is made herein to an action or approval to be undertaken by City, the City Manager or his or her designee is authorized to act on behalf of City unless specifically provided otherwise or the context should require otherwise.

Section 5.18 Attorneys’ Fees. In the event that either Party to this Agreement brings an action or proceeding for a declaration of the rights of the parties under this Agreement, for injunctive relief or for an alleged breach or default of this Agreement, or in any other action arising out of this Agreement or the transactions contemplated by this Agreement, the predominantly prevailing party in any such action shall be entitled to an award of reasonable attorneys’ fees and any court costs incurred in such action or proceeding, in addition to any other damages or relief awarded, regardless of whether such action proceeds to final judgment.

Section 5.19 Land Use Entitlements and Permits. The execution of this Agreement does not constitute the grant of any required land use entitlement or permit, and all land use entitlements and permits contemplated by this Agreement and required from the City, shall be granted, denied, or conditionally granted in accordance with the City’s established procedures and in compliance with all applicable laws, rules, regulations and requirements including but not limited to the requirements of CEQA and the CEQA Guidelines. Notwithstanding any language in this Agreement that may be construed to the contrary, the City retains its full discretion to grant, deny or conditionally grant any and all entitlements or permits sought by Developer for the Development, and such discretion includes but is not limited to the discretion to exercise its independent judgment and impose on such approvals all mitigation measures and conditions that City determines are required or appropriate under CEQA and the CEQA Guidelines. No action by Developer or the City with reference to this Agreement shall be deemed a representation or warranty to Developer, or to any other person or entity, that the City will issue or approve any entitlements or permits, nor constitute a waiver of any state or City requirements that are applicable to the Development.

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IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the Effective Date.

CITY OF MARINA, a municipal corporation

By:

Layne Long, City Manager

Approved as to form:

By: ____________________________________
René Ortega, City Attorney

UNSTOPPABLE AUTOMOTIVE MBMCA LLC, a
California limited liability company
By:

Garth Blumenthal, Manager

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EXHIBIT A

PROPERTY DESCRIPTION

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EXHIBIT B

CONCEPT DESIGN

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EXHIBIT C

ECONOMIC IMPACT ANALYSIS

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C-5
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EXHIBIT D
CITY COUNCIL RESOUTION NO. 2025-48 and 2025-83

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2052427.1

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April 15, 2026 Item No. 13d

Honorable Mayor and Members City Council Meeting
of the Marina City Council of April 21, 2026

CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 2026- ,

APPROVING AN AMENDMENT TO THE SALES TAX REVENUE

SHARING AGREEMENT BETWEEN THE CITY OF MARINA AND

UNSTOPPABLE AUTOMOTIVE MBMCA LLC TO ASSIST WITH THE

CONSTRUCTION COSTS AND SITE DEVELOPMENT OF AN

AUTOMOBILE DEALERSHIP, AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AMENDMENT SUBJECT TO FINAL
REVIEW BY THE CITY ATTORNEY.

REQUEST:

It is recommended that the City Council consider adopting Resolution No. 2026 -:

1. Approving an amendment to the Sales Tax Revenue Sharing Agreement between the City of Marina and Unstoppable Automotive MBMCA LLC to assist in covering high site development and construction costs associated with developing a Mercedes-Benz automobile dealership in Marina, and;

2. Authorizing the City Manager to execute the amendment subject to review by the City Attorney.

BACKGROUND:

At the May 20,2025 City Council meeting, the City Council adopted Resolution No. 2025-48 approving with conditions a Sales Tax Revenue Sharing Agreement with the Unstoppable Automotive MBMCA LLC (“Agreement”) group to assist in covering the high site development and construction costs associated with developing a Mercedes-Benz automobile dealership in Marina. On July 18, 2025, the City Council adopted Resolution No. 2025-83, approving an amendment to the Agreement, with conditions.

The Agreement provides a $5 million dollar incentive achieved by a 50% rebate from the sales tax received by the City of Marina based on a 1 percent sales tax. It is estimated that it will take approximately seven years to meet the $5 million dollar incentive cap. The Economic Development Subsidy Report prepared by Keyser Marston, Exhibit C to the approved Agreement, shows that the dealership will generate significant annual tax revenue to the City of Marina and that the cumulative tax revenues generated during the dealership’s first seven operating years to the City of Marina net of the subsidy payments to the dealership are estimated to be approximately $11.64 million dollars.

Once the incentive sharing agreement cap is reached, the City’s estimated annual direct tax revenue will be approximately $3,195,000.

ANALYSIS:

The Sales Tax Revenue Sharing Agreement requires that the developer shall commence construction of the development no later than January 1, 2026, and complete construction no later than fifteen (15) months after commencement as evidenced by a certificate of occupancy or final permit sign off by the City.

EXHIBIT G
131
Due to delays in getting final approval from Mercedes-Benz USA, securing financing, impacts from tariffs and other economic changes and delays in getting final architectural designs completed, the dealership could not begin construction by January 1, 2026. The dealership is requesting a minor amendment to the Section 3.2 of the Agreement to amend the construction start date and completion.

That provision will be amended to state: “Developer shall commence construction of the Development no later than September 10, 2026, and complete construction no later than eighteen (18) months after commencement as evidenced by a certificate of occupancy or final permit sign off by the City.” There are no other changes to the Agreement, nor the amount of the subsidy.

The developers’ site plan and design review permit will be going before the Planning Commission on April 23, 2026, and as requested by the City Council final approval will come to the City Council which we expect will be at the May 5th or May 19th City Council meeting.

FISCAL IMPACT
There is no change in subsidy from the approved Sales Tax Revenue Sharing Agreement. First year direct new tax revenue is estimated to be $882,000. Cumulative tax revenue to the City over seven years, is estimated to be $11,635,000.

CONCLUSION:

This request is submitted for City Council consideration and approval.

Respectfully submitted,

____________________________
Layne Long
City Manager
City of Marina

Attachments:

Exhibit A – Amended Sales Tax Revenue Sharing Agreement

EXHIBIT G
132

EXHIBIT G
133

RESOLUTION NO. 2025-49

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA

APPROVING A SALES TAX REVENUE SHARING AGREEMENT

BETWEEN THE CITY OF MARINA AND UNSTOPPABLE AUTOMOTIVE

MBMCA LLC TO ASSIST WITH THE CONSTRUCTION COSTS AND SITE DEVELOPMENT OF AN AUTOMOBILE DEALERSHIP; AND

AUTHORIZING THE CITY MANAGER TO EXECUTE THE AGREEMENT,

SUBJECT TO FINAL REVIEW BY THE CITY ATTORNEY

WHEREAS, the City desires to encourage private investment and economic development within the City’s commercial areas; and

WHEREAS, the Unstoppable Automotive MBMCA LLC (Developer) proposes to construct and operate a new Mercedes-Benz automotive dealership located in the Dunes development within the City of Marina; and

WHEREAS the project involves a capital investment estimated at over $40 million dollars, which includes land purchase, site development, construction of facilities and equipment; and

WHEREAS, the dealership is anticipated to generate substantial local sales tax revenue and other direct tax revenue for the City and create quality jobs; and

WHEREAS, in consideration of the Developer’s significant capital investment and contribution to the City’s economic base, the City agrees to rebate 50% of its local (1%) sales tax revenue for five years to support the financial feasibility of the project.

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

1. Approve the sales tax revenue sharing agreement between the City of Marina and Unstoppable Automotive MBMCA LLC to assist in covering high site development and construction costs associated with developing a Mercedes -Benz automobile dealership in Marina , with the following conditions:
a. The City Council shall have final approval after review from the Tree Committee and the Planning Commission for Site Plan and Architectural Design Review; b. That the dealership produces an accurate computer simulation video prior to Planning Commission review;
c. That any gateway sign be consistent with City monument design requirements and that any dealership signage refer to “Mercedes of Marina”;
d. That the proposed lighting for the dealership site minimizes impact to the night sky; e. To consider future specific agreement amendments subject to mutual agreement by City and Developer; and
f. Implement preference for local hires when feasible.

2. Authorize the City Manager to execute the agreement subject to final review by the City Attorney, and:

3. Authorize the Finance Director to make the necessary budgetary and accounting entries.

EXHIBIT G
134

Resolution No. 2025-49
Page Two

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on May 20, 2025, by the following vote:

AYES: COUNCIL MEMBERS: McAdams, McCarthy, Biala Delgado, Visscher NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None

_____________________________
ATTEST: Liesbeth Visscher, Mayor Pro Tem

_______________________________
Anita Sharp, Deputy City Clerk

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135

May 20, 2025 Item No: 13a

Honorable Mayor and Members City Council Meeting
of the Marina City Council of May 20, 2025

SUPPLEMENTAL STAFF REPORT TO ITEM 13A: CITY COUNCIL
CONSIDER ADOPTING RESOLUTION NO. 2025-, APPROVING A SALES

TAX REVENUE SHARING AGREEMENT BETWEEN CITY OF MARINA

AND UNSTOPPABLE AUTOMOTIVE MBMCA LLC TO ASSIST WITH

THE CONSTRUCTION COSTS AND SITE DEVELOPMENT OF AN
AUTOMOBILE DEALERSHIP ; AND AUTHORIZING THE CITY

MANAGER TO EXECUTE THE AGREEMENT, SUBJECT TO FINAL
REVIEW BY THE CITY ATTORNEY.

ANALYSIS:

The Unstoppable Group, LLC has approached the City to revise the terms of the draft tax sharing agreement to provide for a firm incentive of $5 million dollars, rather than $5 million dollars over a 5-year period. The original discussions with staff revolv ed around providing an incentive of $5 million dollars within a 5-year period. However, there appears to have been an assumption by the Unstoppable Group that a $5 million dollar incentive would be achievable in 5-years, based on the assumption that there would be a 50% rebate from the sales tax received based on a 1 ½ percent sales tax. The 1 ½ percent sales tax they were looking at is the additional 1 ½ percent tax approved by the voters and would not be subject to the tax sharing agreement. The City’s b ase tax rate, which is 1 percent, would be applicable to the sharing agreement. Applying the City’s 1 percent sales tax to expected sales over the 5-year period as provided in the agreement resulted in a $3.48 million dollar estimated incentive, less than the $5 million initial incentive proposed by the Unstoppable Group.

As a result of this request, City staff worked with its consultant to determine whether extending the 5-year cap to a $5 million dollar cap would still make financial sense to the City. The attached revised Economic Development Subsidy Report shows that t o meet the $5 million cap, the cost - sharing time period would need to be extended from five to seven years. The report shows that the City will receive an estimated $11,635,000 over the 7-year period. Once the incentive sharing agreement is over in year seven, the city’s estimated annual direct tax revenue will be $3,195,000.

In addition to clarifying the original intent of staff and the Unstoppable Group with respect to the incentive in the tax sharing arrangement, a couple of other clarifications were requested, including by staff:

• Fixing title of the Agreement
• Providing for quarterly payments to the Unstoppable Group; and • Designating the property in the City of Marina as the point of sale for any internet sales.

A revised economic development subsidy report and agreement are attached to this supplemental report for Council consideration.

FISCAL IMPACT:

SUPPLEMENTAL REPORT

EXHIBIT G
136

First year direct new tax revenue to the City will be $882,000. Cumulative over seven years, the new direct tax annual revenue will be $11,635,000. The revenue will go to the General Fund.

Additionally, the City’s portion of the Monterey County pooled sales tax could increase an additional $100,000 to $400,000.

CONCLUSION
This request is submitted for City Council consideration and direction.

Respectfully submitted,

____________________________
Layne Long
City Manager
City of Marina

EXHIBIT G
137

May 15, 2025 Item No: 13a

Honorable Mayor and Members City Council Meeting
of the Marina City Council of May 20, 2025

CITY COUNCIL CONSIDER ADOPTING RESOLUTION NO. 202 5-,

APPROVING A SALES TAX REVENUE SHARING AGREEMENT

BETWEEN CITY OF MARINA AND UNSTOPPABLE AUTOMOTIVE

MBMCA LLC TO ASSIST WITH THE CONSTRUCTION COSTS AND
SITE DEVELOPMENT OF AN AUTOMOBILE DEALERSHIP, AND;

AUTHORIZING THE CITY MANAGER TO EXECUTE THE

AGREEMENT, SUBJECT TO FINAL REVIEW BY THE CITY
ATTORNEY.

REQUEST:

It is requested that the City Council consider:

1. Adopting Resolution No. 2025-, approving a sales tax revenue sharing agreement between the City of Marina and Unstoppable Automotive MBMCA LLC to assist in covering high site development and construction costs associated with developing a Mercedes -Benz automobile dealership in Marina, and;

2. Authorize the City Manager to execute the agreement subject to final review by the City Attorney, and:

3. Authorize the Finance Director to make the necessary budgetary and accounting entries.

BACKGROUND:

The City of Marina has actively sought to attract high -value commercial businesses that can stimulate economic development, create jobs, expand the tax base, and generate sustainable revenue for the City. This dealership provides a new revenue stream to help meet the public safety, service needs, infrastructure, and maintenance demands of Marina. In alignment with the City’s Mission and Vision Statement and the City Council’s goals and objectives, staff have been in discussions with the Unstoppable Automotive group who are interested in constructing a Mercedes-Benz dealership on a parcel within the Dunes development area.

The Dunes development is a mixed-use development that includes retail, commercial, office, hotel, residential and affordable housing uses. A Specific Plan adopted for the Dunes development guides the development and land use of this development.

The Unstoppable Automotive LLC is proposing to acquire land from the Dunes development (Marina Community Partners ) to develop a new Mercedes -Benz automobile dealership . The proposed dealership represents a significant capital investment estimated at over $40 million dollars that includes land acquisition, site development and construction of dealership facilities with a new showroom and service center . This dealership will generate substantial new sales tax revenue for the City and is expected to create ove r 80 full -time equivalent jobs, initially, and expanding to over 140 full-time equivalent jobs over five years. (“EXHIBIT A”)

EXHIBIT G
138

The dealership has requested a sales tax revenue sharing agreement to support the significant upfront capital investment costs that will enhance their long-term competitiveness in the regional automotive market area.

The dealership will serve as an important catalyst for the continued economic growth and development needs of the City. The project will provide substantial direct and indirect benefits to the City and economic opportunities, including sales tax revenues, increased property tax revenues, and increased jobs in the region . It will enhance the City’s position as a regional retail and commercial destination and serve as a catalyst for additional retail and commercial development opportunities.

In general, the City typically does not provide economic incentive agreements to businesses.

However, the former Fort Ord property area has some unique challenges due to constraints placed on the property when it was transferred from the Army to the Fort O rd Reuse Authority and then to the City of Marina. Some of the unique constraints of these properties include requirements for all first-generation construction to pay a prevailing wage for all new construction which in many cases can double the constructions costs verses other cities in the area or state. There are also blighted military housing units that have lead and asbestos which add a significant cost to remove; decaying water and sewer infrastructure to replace; various endangered species that must be mitigated; and housing and water allotment caps.

Other major developments in the former Fort Ord properties in Marina have needed an economic incentive to be able to move forward. Examples include the current Dunes development, Marina Heights development (now Sea Haven), Cinemark theatre, Marriott Springhill Suite, and most recently the 225,000 square foot manufacturing building constructed by Joby Aviation at the Marina Municipal Airport.

ANALYSIS:

Mercedes-Benz, as a premier luxury auto brand, is anticipated to bring notable economic and brand value to the City of Marina . The dealership is projected to generate substantial annual sales revenue, which in turn would increase the City’s share of local sales tax and the City’s share of the Monterey County pooled sales tax.

To help offset the upfront capital burden of the development, the dealership has requested a temporary sales tax revenue sharing agreement. The proposed agreement includes the following terms: (“EXHIBIT B”)

• The City will rebate fifty percent (50%) of the City’s portion of the one percent (1%) local share of sales tax revenue generated by the dealership for a period of up to five (5) years • Commence construction no later than January 1, 2026, and complete construction no later than fifteen (15) months after commencement.
• A high building design standard
• Annual report that includes annual gross sales, total number of employees, total full -time employees, breakdown of job types and number of employees that are Marina residents.

The firm Keyser Marston Associates was hired to evaluate the fiscal and economic benefits associated with the Mercedes-Benz automobile dealership. Included with their evaluation is a tax revenue analysis, an economic impact analysis, along with an assessment of the justification of the sales tax revenue sharing agreement. (“EXHIBIT C”
The new facility will be over 60.000 square feet, consisting of a showroom, service area, and detail bay. Sales will include new vehicles, used vehicles, parts and service sales.

EXHIBIT G
139

The sales tax generated by the dealership goes to the City’s General Fund for city -wide benefit and use and is not limited to the former Fort Ord area.

A premium brand like Mercedes-Benz will likely generate high sales volumes, particularly since this will be the only dealership in Santa Cruz County, San Benito County, South Santa Clara County and Monterey County. Significant short -term economic activity will occur from site development and construction of the dealership facility. When completed it is expected to attract regional shoppers. Visitors to the dealership may spend additional money at nearby restaurants, gas stations, and hotels.

Estimated Fiscal Impact
Year 2027 Year 2031
Annual Taxable Sales $93, 593,200 $194,074,694
Sales Tax Revenue (1%) $935,932 $1,940,747
50% Rebate to Dealership $467,966 $970,373
Annual Net to City $467,966 $970,373

Over five years, the cumulative total net sales revenue to City is approximately $3,482,411. In addition to sales tax revenue, the City will receive Measure N (1.5%) tax on parts, business license gross tax receipts, vehicle in lieu property tax revenues. The cumulative total new direct tax revenue the City will receive over the five -year rebate will be $6,420,000. After year five, 100% of the sales tax revenue will come to the City.

FISCAL IMPACT:

First year direct new tax revenue to the City will be $882,000. Cumulative over five years, the new direct tax annual revenue will be $6,420,000. The revenue will go to the General Fund.

Additionally, the City’s portion of the Monterey County pooled sales tax is expected to increase annually by an estimated additional $150,000.

CONCLUSION
This request is submitted for City Council consideration and direction.

Respectfully submitted,

____________________________
Layne Long
City Manager
City of Marina

1920056.3

EXHIBIT G
140
May 11, 2026 Item No. 13a

Honorable Mayor and Members City Council Meeting
of the Marina City Council of May 19, 2026

CITY COUNCIL TO CONSIDER ADOPTING RESOLUTION NO. 202 6-,

AWARDING THE CONSTRUCTION MANAGER -AT-RISK CONTRACT

FOR THE MARINA RECREATOIN AND AQUATIC CENTER TO OTTO
CONSTRUCTION, INC., OF MONTEREY, CA; AND AUTHORIZING THE

CITY MANAGER TO NEGOTIATE AND EXECUTE CONTRACT

DOCUMENTS AND ALL CHANGE ORDERS FOR THE

PRECONSTRUCTION SERVICES PHASE OF THE CMAR CONTRACT
WITH A NOT -TO-EXCEED FEE OF $175,000 SUBJECT TO FINAL
REVIEW AND APPROVAL BY THE CITY ATTORNEY ; AND

AUTHORIZING THE FINANCE DIRECTOR TO MAKE NECESSARY
ACCOUNTING AND BUDGETARY ENTRIES.

REQUEST:

It is requested City Council consider:

1. Adopting Resolution No. 2026-, awarding the Construction Manager-At-Risk contract for the Marina Recreation and Aquatic Center to the highest ranked proposer, Otto Construction, Inc., of Monterey, CA; and

2. Authorizing the City Manager to negotiate and execute contract documents and all change orders for the Preconstruction Services phase of the CMAR contract with a Not- to-Exceed fee of $175,000 subject to final review and approval by the City Attorney ; and

3. Authorizing the Finance Director to make necessary accounting and budgetary entries.

BACKGROUND:

The Recreation and Aquatics Center has been a priority project for several years with the City Council. Numerous open houses, community input sessions, surveys, and public hearings have been held that have influenced and refined the project scope and designs to ensure that the design and construction of the facility meets our community needs.

The new Recreation and Aquatics Center is designed and programmed to be as inclusive as possible to serve the broadest possible demographic of residents youth, and seniors, and to provide year-round health, fitness, and aquatics programs indoors. The plan ned facility is approximately 75,000 square feet, including indoor aquatics, fitness and gymnasium space, community meeting rooms, and supporting amenities.

On March 4, 2025, the City Council approved the previous final concept design and gave staff approval to work with COAR on preparing the 100% construction document design.

At the City Council Meeting of September 3 rd, 2025, and the Special Meeting on November 6, 2025, the City Council approved the use of the Construction Manager -At-Risk (CMAR) project delivery method and approved the release of a Request for Proposals (RFP), with modified language to include Labor Standards within the RFP.

1 On March 12, 2026 , City staff received five (5) proposals from qualified firms to perform the CMAR contract for the construction of the Marina Recreation and Aquatic Cener; Otto Construction, Inc., Swinerton Inc, Truebeck Construction, Inc., Ausonio Inc., and FLINT Builders.

After reviewing proposals City Staff moved forward to the interview stage with four of the five proposers; Otto Construction, Inc., Swinerton Inc, Truebeck Construction, Inc., and Ausonio Inc.

City staff conducted interviews, in partnership with COAR Design Group, on April 29th and April 30th, 2026.

At the end of the proposal review and interview stages, Otto Construction, Inc., was determined to be the highest ranked firm and best value proposer. Otto Construction, Inc. is a union contractor and met the labor standards requirements set forth in the RFP advertisement.

The next step in the project delivery and CMAR process is to begin preconstruction services including constructability reviews and value engineering reviews to ultimately prepare the final 100% Construction Documents for construction.

ANALYSIS:

Under the CMAR process, the City hires a construction manager during the final design phase, who works collaboratively with the architect and City to provide pre -construction services including cost estimating, value engineering construction plan review and scheduling. The CMAR ultimately provides a Guaranteed Maximum Price (GMP) for construction, assumes risk for cost and schedule, and manages subcontractors.

While the CMAR offers a GMP, it may not always yield the absolute lowest construction cost compared to traditional Design -Bid-Build, where the lowest bidder is usually selected . The CMAR delivery method is not expected to increase the project costs, and we anticipate it will reduce overall costs through early collaboration, design modification, improved scheduling, enhanced cost control, and reduced project risks.

Pre-construction services will be funded through the approved project budget, under Construction Expenditures. The Capital Improvement Project (CIP) Number for this project is QLF2004. The current CIP Project budget is shown in the table below:

Expenditures Prior Expenditures
to date
Estimated Expenditures

Total Budget
Preliminary Study $75,000 $ - $75,000
Design $1,107,574.20 $502,425.80 $1,610,000
Construction $ - $40,044,000 $40,044,000
Total $1,182,574.20 $40,546,425.80 $41,729,000

The anticipated Not to Exceed cost for Pre construction Services is $175,000. This includes the NTE fee of $121,500 pre-construction services Otto Construction, Inc. included in the proposal, and a 45% contingency for Optional Preconstruction Services pending coordination of the current and future design plans prepared by COAR design group.

The current estimate for the CMAR contractor’s Construction Phase Services includes a Fixed Price General Conditions cost for Otto Construction of $1,448,607 and a CMAR Fee of 5% of the Direct Cost of the Work. These services and fees are not included in this request. The cost for these services and fees will be determined after the 100% Construction Documents are completed and bids are received.

2 The final construction contract for the Recreation and Aquatic Center, which will include the final GMP, CMAR Construction Phase Services, and CMAR Fee , will be brought back to the City Council for approval before construction begins. The current opinion of probable construction cost for the GMP and associated CMAR contract fees for construction phase services of the Marina Recreation and Aquatic Center is $30 Million, per the table above the current CIP budget for Construction phase is $40 Million.

Yearly maintenance and operations costs are currently being analyzed and will be brought before the Council for discussion at a future date once initial cost estimates are coordinated by the Recreation and Cultural Services Department and Public Works Department.

FISCAL IMPACT:

There is sufficient budget in CIP Project No. QLF2004 to fund the Preconstruction phase services for Otto Construction, Inc. Staff anticipates sufficient remaining budget for the final GMP and associated CMAR fees for construction phase services and will come back to Council for the final award and approval of the GMP.

Respectfully submitted,

Scott Shepard, P.E.

City Engineer
City of Marina

REVIEWED/CONCUR:

______________________________
Ismael Hernandez
Public Works Director
City of Marina

__________________________
Layne P. Long
City Manager
City of Marina

Exhibits:

Exhibit A – Sample Contract

3 RESOLUTION NO. 2026-

A RESOLUTION OF THE CITY COUNCIL OF MARINA AWARDING THE

CONSTRUCTION MANAGER -AT-RISK CONTRACT FOR THE MARINA
RECREATOIN AND AQUATIC CENTER TO OTTO CONSTRUCTION, INC., OF MONTEREY, CA; AND AUTHORIZING THE CITY MANAGER TO NEGOTIATE

AND EXECUTE CONTRACT DOCUMENTS AND ALL CHANGE ORDERS FOR

THE PRECONSTRUCTION SERVICES PHASE OF THE CMAR CONTRACT WITH A NOT -TO-EXCEED FEE OF $175,000 SUBJECT TO FINAL REVIEW AND APPROVAL BY THE CITY ATTORNEY; AND A UTHORIZING THE FINANCE DIRECTOR TO MAKE NECESSARY ACCOUNTING AND BUDGETARY ENTRIES.

WHEREAS, the Recreation and Aquatics Center has been a priority project for years with the City Council; and

WHEREAS, numerous open houses, community input sessions, surveys, and public hearings have been held that have influenced the project scope and designs to ensure that the design and construction of the facility meets our community needs; and

WHEREAS, the new Recreation and Aquatics Center is designed and programmed to be as inclusive as possible to serve the broadest possible demographic of residents youth, and seniors, and to provide year -round health, fitness, and aquatics programs indoors ; the planned facility is approximately 75,000 square feet, including indoor aquatics, fitness and gymnasium space, community meeting rooms and supporting amenities; and

WHEREAS, on March 4, 2025, the City Council approved the previous final concept design and gave staff approval to work with COAR on preparing the 100% construction document design; and

WHEREAS, the process the City typically uses is the Design-Bid-Build (DBB) project delivery method; and

WHEREAS, due to the project’s complexity, cost constraints, scheduling concerns, and potential cost escalation, Staff is recommending utilizing the Construction Manager -At-Risk process (CMAR); and

WHEREAS, the construction manager hired pursuant to the CMAR project delivery process ultimately provides a Guaranteed Maximum Price (GMP) for construction, assumes risk for cost and schedule, and manages subcontractors; and

WHEREAS, the advantages of the CMAR process are: collaboration; cost control; time savings; risk management; and flexibility as more fully set in the Staff Report; and

WHEREAS, on November 6, 2025, the City Council approved the release of a Request for Proposals for the CMAR contract; and

WHEREAS, on March 12, 2026, City staff received five (5) proposals from qualified firms; and

WHEREAS, on April 29th and April 30th, 2026, City staff conducted interviews with selected firms; and

4 Resolution No. 2026-
Page Two

WHEREAS, after the proposal and interview phases Otto Construction, Inc. was determined as the highest ranking and best value proposer; and

WHEREAS, preconstruction services will be funded through the approved project budget, with a not-to-exceed fee of $175,000 and the final contract for construction, which will include the GMP and associated CMAR construction services fees, will be brought back to the City Council for approval.

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

1. Award the Construction Manager-At-Risk contract for the Marina Recreation and Aquatic Center to the highest ranked proposer, Otto Construction, Inc., of Monterey, CA; and

2. Authorize the City Manager to negotiate and execute contract documents and all change orders for the Preconstruction Services phase of the CMAR contract with a Not-to-Exceed fee of $175,000 subject to final review and approval by the City Attorney; and

3. Authorize the Finance Director to make necessary accounting and budgetary entries.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting duly held on the 19th Day of May 2026 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 CITY OF MARINA AGREEMENT
MARINA SPORTS AND AQUATIC CENTER DOCUMENT 00 52 13 - 1
DOCUMENT 00 52 13

AGREEMENT
This agreement is made and entered into on , 202_______, by and between the City of Marina (“City or “Owner””) and
(“Contractor” or “CMAR”) (“Agreement”). The City and the Contractor agree as follows:

1. The Work: Contractor shall furnish all tools, equipment, apparatus, facilities, labor, material ,and services (including preconstruction and construction and project delivery services) necessary to perform and complete in a good and workmanlike manner, the services and work of the following project:

City of Marina Sports And Aquatic Center Project (“Project” or “Contract” or “Work”) The Work shall be performed and completed as required in the Contract Documents as defined in the General Conditions including, without limitation, the Drawings and Specifications, under the direction and supervision of, and subject to, the approval of the City or its authorized representative.

The Work shall be performed in Phases identified as follows:

Phase 1 Pre-Construction Work
Phase 2- Construction

2. Option. The City may require the performance of the Work under Phase 2 by exercising its option in writing, directing the Contractor to proceed with performance under Phase 2. The option for Phase 2 may be exercised at any time after the Notice to Proceed is issued for Phase 1 but no later than _________. It is within the City’s sole distraction to exercise the Option to proceed with Phase 2.

3. The Contract Documents:

3.1. The complete Contract consists of all Contract Documents as defined in the General Conditions and incorporated herein by this reference. All obligations of the City and Contractor are fully set forth and described in the Contract Documents. The Contract Documents are intended to cooperate so that Work called for in one and not mentioned in the other or vice versa is to be performed the same as if mentioned in all Contract Documents.

3.2. Interpretation of Contract Documents/Order of Precedence: Questions concerning the intent, precedence, or meaning of the Contract Documents, including the Drawings or Specifications, shall be submitted to the City for interpretation. Inconsistencies in the Contract Documents shall be resolved by giving precedence in the following order:

3.2.1. City-approved modifications, beginning with the most recent (if any);

3.2.2. This Agreement and Exhibits attached thereto;

3.2.3. Supplementary Conditions;

3.2.4. General Conditions;

3.2.5. Remaining Division 0 documents (Documents beginning with “00”);

3.2.6. Division 1 Documents (Documents beginning with “01”);

3.2.7. Division 2 through Division 49 documents (Technical Specifications);

3.2.8. Figured dimensions;

3.2.9. Large-scale drawings;

EXHIBIT A
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3.2.10. Small-scale drawings.

In case of conflict, the greater quantity and/or higher standard of workmanship shall apply unless the City expressly in writing (e.g., via a Change Order) accepts a lesser quantity or lower quality of workmanship and the Contract Price is adjusted accordingly. The decision of the City in the matter shall be final.

2.3 By executing this Agreement. Contractor represents:

2.3.1 Contractor has examined all the Contract Documents and accepts all of the terms and conditions of the Contract Documents, Document 001116 (Invitation to Bid) and Document 002113 (Instructions to Bidders).

2.3.2 Contractor has visited the Project Site and performed all tasks, research, investigation, reviews, examinations, and analysis and given notices regarding the Project and Site.

2.3.3 Contractor has had adequate opportunity to and has given City prompt written notice of all conflicts, errors, ambiguities, or discrepancies, if any, that it has discovered in or among the Contract Documents, as-built drawings, and actual conditions, and the written resolution thereof through Addenda issued by City is acceptable to Contractor.

2.3.4 Contractor agrees that, in accordance with Document 007213 (General Conditions), liquidated damages for failure to complete work within the times specified in the Contract Documents shall be as set forth in this Agreement.

4. Scope - General

4.1. Contractor shall furnish and deliver to City, as authorized, preconstruction services and construction management-at-risk services for the Guaranteed Project Costs and Prices for the construction of the Project, in accordance with the covenants, conditions, agreements, and terms set forth in this Ag reement and the Exhibits attached hereto.

4.1.1. CMAR agrees to provide or perform the services and tasks set forth herein and in the Contract Documents and any other services that are necessary, normal, customary, or incidental to the performance of Contractor’s responsibilities for the Project and under a ny Phase. Accordingly, Contractor shall be responsible for providing or retaining sufficient number(s) of specialists, workers, and subcontractors with requisite skills and experience as appropriate for the successful completion of the Project.

5. Scope - Preconstruction Services

5.1. Preconstruction Services shall consist of general preconstruction services and conducting the Guaranteed Project Costs procurement for the Project.

5.2. The terms and conditions pertaining to the performance of said Services are set forth in Exhibit A to this Agreement.

5.3. The payment provisions for said Services are set forth in Exhibit B to this Agreement.

5.4. The Contractor shall perform the Preconstruction Services pursuant to the schedule indicated in Exhibit C to this Agreement.

5.5. The Preconstruction Services scope is not guaranteed and is subject to City’s sole discretion whether to proceed. City has the sole and unilateral right to authorize the Preconstruction Services and any phases thereof, if any. Said authorization shall be made in the form of a Notice to Proceed, which shall authorize the appropriate scopes and applicable payment terms in accordance with those set forth herein].

EXHIBIT A
7 CITY OF MARINA AGREEMENT – EXHIBIT A
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6. Scope – Construction Services and Project

6.1. Construction services shall consist of general contracting services as the prime contractor for the Project.

6.2. The terms and conditions pertaining to the performance of said Services are set forth in Exhibit A to this Agreement.

6.3. The payment provisions for said Services are set forth in Exhibit B to this Agreement.

6.4. The Construction Services scope is not guaranteed and is subject to City’s sole discretion whether to proceed. City has the sole and unilateral right to authorize the Construction Phase and any phases thereof, if any. Said authorization shall be made in the form of a Notice to Proceed, which shall authorize the appropriate phase and applicable payment terms in accordance with those set forth herein.

6.5. Notice(s) to Proceed. Should City issue a Notice to Proceed to Contractor pursuant to the Contract for each Phase of the Project, Contractor shall proceed with construction of the corresponding Project phase, pursuant to the Contract Documents. Upon issuance of such Notice to Proceed and as a condition of authorization of Construction Services, Contractor agrees to execute an Amendment and/or other instruments under this Agreement to complete all exhibits, prices, and amounts consistent with the terms set forth in this Agreement and each Exhibit. The City reserves the right to issue multiple Notices to Proceed, each for separate Phases of the Project. For each Notice to Proceed following the initial Notice to Proceed, the Parties may, if required, agree to adjust the Construction Schedule as provided herein.

6.6. Project Site Conditions and Contract Documents. Contractor acknowledges that it has and will perform certain special services (to be defined later) in preparation to construct the Project.

6.7. Construction of Project.

6.7.1. Contractor agrees to cause the Project to be developed, constructed, and installed in accordance with the terms hereof and the Contract Documents, including those things reasonably inferable in the Contract Documents as being within the scope of the Work and necessary to produce the stated result even though no mention is made in the Contract Documents.

6.7.2. Contract Time / Construction Schedule.

6.7.2.1. The Construction shall be performed pursuant to the construction schedule(s), attached hereto as Exhibit C (“Schedule(s)”). The time period between the initial Notice to Proceed and Completion shall be the total Contract time (“Contract Time”).

6.7.2.2. The Schedules for Construction phases shall be developed during the Preconstruction Services and amended to be included herein. Once approved, City and Contractor may, if agreed to in writing, approve changes in the construction Schedules.

6.7.3. Schedule of Values. The Contractor has provided a schedule of values, approved by the City, which is attached hereto as Exhibit D (“Schedule(s) of Values”). The Schedule of Values must be approved by the City prior to the City approval of the Contractor’s first Application for Payment.

6.7.4. Guaranteed Project Costs. Contractor will cause the Project to be constructed within the Guaranteed Project Costs applicable to the corresponding construction Phase, as set forth and defined in the Guaranteed Project Cost Provisions indicated in Exhibit B, and Contractor will not seek additional compensation from City in excess of that amount. The Guaranteed Project Cost may also be referred to herein and in the Contract Documents as the “Contract Price” with regard to the corresponding scope of the Contract.

7. Completion-Extension of Time: If Contractor fails to complete the Work within the Contract Time, due

EXHIBIT A
8 CITY OF MARINA AGREEMENT – EXHIBIT A
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allowance being made for the contingencies provided for herein, Contractor shall become liable to City for all loss and damage that City may suffer on account thereof. Contractor shall coordinate its Work with the work of all other contractors. The City shall not be liable for delays resulting from Contractor's failure to coordinate its Work with other contractors in a manner that allows for timely completion of Contractor's Work.

Contractor shall be liable for delays to other contractors caused by Contr actor's failure to coordinate its Work with the work of other contractors.

8. Liquidated Damages: Time is of the essence for all Work to be performed. It is hereby understood and agreed that it is and will be difficult and/or impossible to ascertain and determine the actual damage that City will sustain in the event of and by reason of Contractor's delay; therefore, pursuant to Government Code section 53069.85 and Public Contract Code section 7203, Contractor shall forfeit and pay to City the following sum(s) as liquidated damages (“Liquidated Damages”):

Submittal of any item on approved Submittal Schedule:

Milestone No. 1: $[ TBD – prior to signing Phase 2 GMP] per day as Liquidated Damages for each and every day's delay beyond the time herein prescribed in finishing the Work of Milestone No. 1.

Milestone No. 2: $[ TBD – prior to signing Phase 2 GMP ] per day as Liquidated Damages for each and every day's delay beyond the time herein prescribed in finishing the Work of Milestone No. 2.

• Project Substantial Completion: [TBD – prior to signing Phase 2 GMP] per day as Liquidated Damages for each and every day's delay beyond the Contract Time to complete all the Work.

8.1. Each portion of the Liquidated Damages shall be calculated cumulatively. For example, if Contractor is late in completing two milestones and the entire Project, Contractor will forfeit and pay three separate Liquidated Damages amounts. It is hereby understood and agreed that neither the total cumulative Liquidated Damages amount nor any portion of the Liquidated Damage amount are penalties.

8.2. City may deduct Liquidated Damages from money due or that may become due Contractor under this Agreement. Contractor’s forfeiture of Liquidated Damages to City, and City right to retain Liquidated Damages, are as indicated in Government Code section 53069.85 and as indicated herein and in the General Conditions. Liquidated Damages are automatically and without notice of any kind forfeited and payable by Contractor upon the accrual of each day of delay. Neither City’s failure or delay in deducting Liquidated Damages from payments otherwise due the Contractor, nor City’s failure or delay in notifying Contractor of the forfeiture and payment of Liquidated Damages, shall be d eemed a waiver of City’s right to Liquidated Damages and/or the City’s right to withhold Liquidated Damages from any amounts that would otherwise be payable to the Contractor.

8.3. Contractor and Surety shall be liable for and pay to City the entire amount of Liquidated Damages including any portion that exceeds the amount of the Contract Price then held, retained or controlled by City.

8.4. Liquidated Damages shall be in addition, and not in lieu of, City’s right to charge Contractor for the City’s cost of completing or correcting items of the Work.

9. Insurance and Bonds: Contractor shall provide all required certificates of insurance, and payment and performance bonds, in form as are provided in the Contract Documents. Payment and performance bonds shall be obtained for all construction phases of the Project, in amounts reflecting at least the determined GPCs.

10. Performance of Work: If Contractor fails to perform the Work properly or fails to perform any provisions of this Contract, the City, may, pursuant to the General Conditions and without prejudice to any other remedy it may have, cure the deficiencies and deduct the cost thereof from the payment then or thereafter due

EXHIBIT A
9 CITY OF MARINA AGREEMENT – EXHIBIT A
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Contractor.

11. Authority of Architect, Project Manager and/or Project Manager: Contractor hereby acknowledges that the Architect(s), the Project Manager, and local building inspectors have authority to approve and/or stop Work if Contractor’s Work does not comply with the requirements of the Contract Documents and all applicable laws.

Contractor shall be liable for any delay caused by its non-compliant Work.

12. Assignment of Contract: Neither the Contract, nor any part thereof, nor any moneys due or to become due thereunder, may be assigned by Contractor without the written approval of City, nor without the written consent of the Surety on Contractor's Performance Bond (the “Surety”), unless the Surety has waived in writing its right to notice of assignment.

13. Classification of Contractor’s License: Contractor hereby acknowledges that it currently holds valid Type “A” and/ or “B” Contractor's license(s) issued by the State of California, Contractor's State Licensing Board, in accordance with division 3, chapter 9, of the Business and Professions Code and in the classification called for in the Contract Documents.

14. Payment of Prevailing Wages: Contractor and all Subcontractors under Contractor shall pay all workers on Work performed pursuant to this Contract not less than the general prevailing rate of per diem wages and the general prevailing rate for holiday and overtime work as determined by the Director of the Department of Industrial Relations, State of California, for the type of work performed and the locality in which the work is to be performed within the boundaries of the City, pursuant to sections 1770 et seq. of the California Labor Code.

15. Contractor & Subcontractor Registration: Contractor shall comply with the registration and compliance monitoring provisions of Labor Code section 1771.4, including complying with any applicable enforcement by the Department of Industrial Relations.

16. Authority of Contractor’s Representative: Contractor hereby certifies that its legal representative as defined in the General Conditions and the person(s) it employes on the Project at or above the level of project superintendent, each have the authority to legally bind the Contractor.

17. Severability: If any term, covenant, condition, or provision of the Contract Documents is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remainder of the provisions in the Contract Documents shall remain in full force and effect and shall in no way be affected, impaired, or invalidated thereby.

IN WITNESS WHEREOF, accepted and agreed on the date indicated above:

Dated: , 20_______

City of Marina

By:

Print Name:

Print Title:

Dated: , 20_______

CONTRACTOR

By:

Print Name:

Print Title:

NOTE: If the Contractor is a corporation, Contractor must attach a certified copy of the corporation’s by -laws, or of the resolution of the Board of Directors of the corporation, authorizing the above person to

EXHIBIT A
10 CITY OF MARINA AGREEMENT – EXHIBIT A
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execute this Agreement and the bonds required by the Contract Documents .

END OF DOCUMENT

EXHIBIT A
11 May 15, 2026 Item No. 13b

Honorable Mayor and Members City Council Meeting
of the Marina City Council of May 19, 2026

Honorable Chairperson and Members Successor Agency Meeting of the Successor Agency to Marina Redevelopment Agency of May 19, 2026

Chair and Board Members of Corporation Meeting
Abrams B Non-Profit Corporation of May 19, 2026

Chair and Board Members of Corporation Meeting
Preston Park Sustainable Community Non-Profit Corporation of May 19, 2026

Chair and Board Members of Commission Meeting
Airport Commission of May 19, 2026

RECOMMENDATION TO ADOPT RESOLUTION 202 6-XX OF THE CITY

COUNCIL OF THE CITY OF MARINA, SUCCESSOR AGENCY TO THE

MARINA REDEVELOPMENT AGENCY BOARD, ABRAMS B NPC BOARD,

PRESTON PARK SUSTAINABLE COMMUNITY NPC BOARD AND AIRPORT COMMISSION ADOPTING FISCAL YEAR 202 6-27 MID-CYCLE BUDGET

ADJUSTMENTS, AND AUTHORIZING THE FINANCE DIRECTOR TO MAKE

ALL NECESSARY ACCOUNTING AND BUDGETARY ENTRIES

RECOMMENDATION:

It is recommended that the City Council, Boards, and Commission:

1) Consider adopting Resolution No. 2026-, approving the Fiscal Year 2026-27 mid-cycle budget adjustments as outlined in the staff report, and

2) Provide direction for any other Council desired adjustments, and 3) Authorizing the Finance Director to make all necessary accounting and budgetary entries

BACKGROUND:

The City operates on a two -year budget cycle. In June 2025, the City Council adopted a two-year budget for Fiscal Years 2025-26 and 2026-27. Between the two-year budget period, it is customary to provide a mid-cycle financial update to the City Council, including proposed adjustments to revenues and expenditures. The mid-cycle review also offers an opportunity for the City Council to provide direction to staff for other adjustments.

ANALYSIS:

The General Fund is the City’s main operating fund that supports Police, Fire, Public Works, Recreation and Cultural Services, Community Development, and administrative departments . The information presented in this report will primarily focus on the General Fund budget and any significant proposed changes. An overview of the General Fund fiscal year -end estimates and recommended budgetary changes for Fiscal Year 2026-27 are included in EXHIBIT A. Additional updates to other funds are included in EXHIBITS B and C. While the City’s fiscal year ends on June 30 th, the City accrues or applies revenues and expenditures that were incurred during the fiscal year through the end of August. In addition, accounting adjustments and reconciliations take place through September. The amounts listed for Fiscal Year 2025-26 are listed as “estimated”; however these amounts can change based on the year-end processes and actual receipts. The final year-end results will be provided in the Annual Comprehensive Financial Report (ACFR).
1 General Fund Revenues

Major Revenues

Staff continuously monitors the City’s budgetary performance. In Fiscal Year 2025-26, General Fund revenues are expected to be $42.5 million, which is $4.0 million greater than the original budgetary projections. This increase is primarily due to interest earnings that are projected to be approximately $2.6 million greater than the adopted budget; tax revenue performance that builds upon the prior year’s actual receipts, and strong revenue performance in other categories. Property tax, transient occupancy tax, and sales tax are considered major revenues and represent over 67.6% of the General Fund’s on- going receipts. In Fiscal Year 2025-26, these three revenues are projected to be $773,000 more than the adopted budget; however, this is only 1.1% greater than the prior year actual receipts.

An overview of the revenue performance as it relates to the budget is presented in Table I.

Tables I: Fiscal Year 2025-26 Major Revenues

FY 2025-26
Adopted
FY 2025-26
Estimated
Variance
Property Tax $10,790,000 $11,285,000 $495,000
Sales Tax 10,355,000 10,713,000 358,000
Transient Occupancy Tax 6,490,000 6,410,000 (80,000)
Combined Major Revenues $27,635,000 $28,408,000 $773,000

The Fiscal Year 2025-26 property tax revenues include a Fort Ord Reuse Authority (FORA) property tax surplus payment of $ 260,000 and a Recognized Obligation Payment Schedule ( ROPS) residual property tax distribution of $472,000. The City’s residual ROPS distribution has ranged from $84,000 to $863,000 over the last five years. Fiscal Year 2025-26 represents the third year, the City has received a FORA property tax surplus payment, with the annual receipts averaging $198,000.

The Fiscal Year 2026-27 projected on-going revenues build upon the prior years’ performance and are projected to be $40.6 million or $39.6 million, when a one-time transfer is excluded. While this may appear to be an overall decrease, when compared to the prior year , unique one -time revenues contribution to the variance. The City’s three primary revenue sources are anticipated to be $29.0 million, which is $466,000 greater than the original adopted budget; and $578,000 or 2.0% higher than the Fiscal Year 2025-26 year-end estimate. This includes a conservative ROPS residual property tax of $481,000 and a FORA property tax surplus payment of $198,000.

An overview of the proposed revision to the City’s three major revenue sources is provided in Table II.

Table II: Fiscal Year 2026-27 Major Revenues

FY 2026-27
Adopted
FY 2026-27
Proposed Revision
Variance
Property Tax $11,254,000 $11,568,000 $314,000
Sales Tax 10,614,000 10,880,000 266,000
Transient Occupancy Tax 6,652,000 6,538,000 (114,000)
Combined Major Revenues $28,520,000 $28,986,000 $466,000

2 Additional General Fund Revenues

Use of Money and Property – Interest

Interest returns increased substantially over the last three years as a result of Federal Reserve’s response to inflation. These rates were initially expected to decline as economic conditions improved. In Fiscal Year 2025-26, interest earnings are projected to reach $3.4 million, as compared to $4.1 million in the prior year. While this is a decrease when compared to the prior year, it is approximately $2.6 million greater than the budgetary estimate. The is the result of interest rates declining at a slower pace , as well as the General Fund’s cash position. In Fiscal Year 202 6-27, it is anticipated that the Federal Reserve will continue reduce the federal lending rate ; and more cash will be expended as approved capital projects will enter into the construction phase. This may bring the annual receipts closer to the previous five-year aver age of $516,000 . Based on these factors, the Fiscal Year 202 6-27 interest earnings are projected to be closer to $750,000.

Licenses, permits, and fees
In Fiscal Year 2025-26, licenses, permits, and fees are estimated to generate $1.2 million in revenues, which is $393,013 greater than the budgeted amount . This was primarily driven by an increase in residential construction permits and engineering permits. While development activities are expected to continue, these revenues are conservatively projected to be closer to the three-year average of $929,000.

Other Revenues

Revenues within this category are likely to vary with each year. In Fiscal Year 2025 -26, Other Revenues are anticipated to be approximately $314,000, which is $226,000 greater than amended budget. This is primarily due to one-time receipts of $34,733 from an opioid settlement, $65,600 for a utility easement at Glorya Jean Tate Park; $5 5,000 in in-lieu tree revenues; and $97,000 in insurance reimbursements. The Fiscal Year 2026-27 budget represents the average annual budgeted amount, as well as a confirmed opioid settlement payment of approximately $30,000.

Estimated year -end amounts, as well as proposed revisions to the Fiscal Year 202 6-27 budgeted amounts can be found in EXHIBIT A.

General Fund Expenditures

In Fiscal Year 202 5-26, it is estimated that the operating expenditures will be approximately $38.3 million or $585,385 greater than the amended budget. This is primarily due to a $2.1 million estimated increase groundwater stabilization litigation costs and related settlement costs. This increase is offset by approximately $2.6 million in salary savings from position vacancies; and $1.1 million in additional services, supplies, and materials. Th e additional services and materials include $536,000 in reimbursable or staffing augmentation costs ; $220,000 for additional facility, vehicle, and traffic - related maintenance, $151,000 in temporary additional irrigation costs for the new landscaping at the Imjin Parkway Widening Project; and various other costs.

The Fiscal Year 2025 -26 also includes additional capital outlay and capital transfer requests in the amount of $ 2.2 million. Additional details are included in the Capital Outlay and Capital Project section of this report.

The Fiscal Year 2026-27 Budget represents an increase of $1.8 million, when compared to the adopted budget. This includes $509 ,234 in on -going expenditures for the new Information Technology Manager and Senior HR Analyst positions; and compensation adjustments associated with employee agreements. The proposed additional adjustments of $ 1,247,105 include approximately $800,000 for additional groundwater stabilization litigation costs , $151,000 for miscellaneous one-time costs, $79,000 for new positions , a $67,105 change in estimate for on-going operating costs, and $150,000 for temporary increased water costs associated with the Imjin Parkway Widening Project. The increase in water costs are anticipated to decline after two years, once the landscaping becomes more 3 established. Detailed information relating to new position costs are provided within the additional budget recommendations section.

ADDITIONAL BUDGET RECOMMENDATIONS

In addition to revenue projections, staff have also analyzed current operational needs, as well administrative changes. Key changes to expenditures within the General Fund, Capital Improvement, Vehicle and Equipment, Airport Capital Improvement funds are listed below.

Authorized Positions

Delete two half-time non-benefitted Senior Management Analyst positions in the Police Department and add one full-time Senior Manager Analyst Estimated Annual Cost: $29,000

The Police Department is currently staffed with two half -time Senior Management Analysts. The individuals who occupy these positions are responsible for training compliance and internal technology administration. It is anticipated that either one or both of the individuals will leave the City within 6-8 months. The establishment of a regular full -time position will contribute to a more sustainable structure, as well as assist attracting a strong pool of candidates. The Fiscal Year 2026-27 budget also includes approximately $27,000 to allow for a three-month overlap of the part-time positions to assist with cross-training on these vital functions.

Addition of a 1.0 Accounting Tech Estimated Annual Cost: $100,000 Estimated Fiscal Year 2026-27 costs for half of a year: $50,000 The Finance Department staff recently assumed the responsibilities of a contract accountant . In addition there has been an increased demand for financial grant management, administration of community facility district finances, monitoring project accounting, and financial reporting. The City also has not formally implemented purchase orders to assist with financial control and contract management. There was a previous discussion of potentially adding an Accounting Technician position to provide additional support for the new Aquatic and Sports Center, as well as assist with increased demands. The Fiscal Year 2026-27 proposed amendments include a half year of funding for this position, which aligns with the projected initial set-up up of the Aquatics and Sports Center. It is anticipated that a portion of the Finance Department costs may be allocated through a direct or indirect formula to the Aquatics and Sports Center, and possibly the Airport to assist in offsetting the General Fund costs. This could be accomplished through an internal study or a formal cost allocation as part of a forthcoming budget cycle.

Capital Outlay
The Fiscal Year 202 6/27 Budget primarily includes additional funding for previously approved purchases. This includes costs of vehicle outfitting that were not included in the adopted budget, down payments on leased vehicles, and increased pricing. All capital outlay requests that are purchased through the V ehicle and Equipment Fund are funded through a previous allocation based on the estimated cost of replacing each fleet vehicle.

Fund and Description 2025-26 2026-27
General Fund
Additional funds for a Public Works backhoe and dump truck $ 22,210 $ -

Equipment Fund
Additional funds needed for two (2) Ford flatbed trucks $ 66,248 $ - Down payment for three Police Department leased vehicles 89,054 Additional annual lease costs for newly leased vehicles 64,340 49,887 Outfitting for a Police Department motorcycle, and two Caprices 79,352 Estimated appropriation from the Vehicle and Equipment Fund $ 219,642 $ 129,239

4 Capital Projects

The following capital projects are included for consideration in the Fiscal Year 2025-26 and Fiscal Year 2026-27 Budget. All projects listed are funded from the identified unallocated fund balance, unless an external funding source is identified.

Dunes Park Development (Project QLP2017) - Additional Fund Request, Option 2A Funding Sources:

Preston Park Reserves $4,400,000
Public Facility Impact Fees – Parks 2,686,400
General Fund 2,000,000
Combined Additional Resources $9,086,400

The Dunes Park Project is currently funded at $10.4 million, which includes an $8.6 million developer contribution. At a prior Council Meeting, staff was directed to review funding alternatives for the following two Dunes Park Project designs: Option 2A with costs from $18.5-$19.5 million; and Option 2B, with projected costs from $17 -$18 million. EXHIBIT D includes an overview of the amenities associated with these two options . Potential funding sources included appropriations from public facility impact fees, Preston Park reserves, General Fund emergency reserves, and the unallocated General Fund balance. Staff reviewed the projected year-end fund balances for each of the identified resources and determined there were sufficient funds to support a $9.1 million appropriation . This would support Option 2A, and bring the total project costs and resources to $19.5 million.

Glorya Jean Tate Park Improvements (Project QLP2119) – Additional Funding Request Funding Source: Public Facilities Impact Fees - Parks $725,000

The current budget for the Glorya Jean Tate Park is approximately $7 million. Additional funds are needed to complete the existing project scope, as well as support redesigned paths for Marina Coast Water District (MCWD) access.

Citywide Street Shaving to Avoid Trips Hazards Project – HSR2605 Funding Source: General Fund $155,000

The Fiscal Year 2025-26 Budget included $250,000 to fund a Sidewalk Shaving Project. On April 21, 2026, the Council received an update on the status of city sidewalks. During this presentation, it was identified that approximately 50% of the sidewalks within the city were completed; however additional funds were needed to correct the remaining defects or uneven sidewalks. The appropriation of an additional $155,000, along with remaining project funds, would allow this project to move forward.

Taxiway B Construction (EDR2613/2101)
Funding Sources:

Federal Aviation Association $721,525
State Grants 36,076
Airport Capital Improvement Fund 1,899
Combined Project Costs $759,500

This project was originally established as the Taxi way A Rehabilitation Project (2101). The total project costs were $1.4 million, with $77,000 funded through airport resources; and the remaining balance funded through FAA and State grants. Earlier in this fiscal year, the grant was adjusted for updated project costs, with a grant referencing a Taxiway B Construction Project. Staff learned that the actual name of the taxiway was incorrect in the first project; and that these were duplicate projects.

This adjustment consolidates and realigns the funding to reflect the updated costs under project Taxiway B Construction (EDR 2613); and adjusts the original grant funds. This leaves approximately $75,000 in Airport funding available to be allocated to the subsequent T-Hangar Roofing Project.

5 T-Hanger Roofing Project (Project APF2335)
Funding Sources:

Reallocation/closure of existing airport fund $100,000 Airport Capital Improvement Fund $52,000
Total additional costs and resource $152,000

The biennial budget includes $250,000 to re-roof and weatherproof the airport t -hangers. It was determined that additional funding was need to complete the project, as well as replace the aging gutters. Resources to support this project are proposed to come from closing the Airport Building 514 Improvement Project (2301), which were determined to be no longer needed; and the residual Airport funding from the taxiway projects (EDR2613/2101). The $52,000 in remaining funding will come from the unallocated Airport Capital Improvement Fund balance.

Airport Building 524 Gutter Replacement Project (New)
Funding Source: Airport Capital Improvement Fund $70,000 The gutters on this building have reached their end of useful life. The building is a hangar leased by Joby Aviation.

Airport Administrative Office Improvements, Building 520 (NEW) Funding Source: Airport Capital Improvement Fund $120,000 The airport administrative building’s interior is aging; and the exterior is weathered . T he proposed project includes painting the interior and exterior of the building; disposal of old radiator vent and piping, replacing doors, installing new carpet, updating countertops, and patching gutters.

Balanced Budget Formula
City Council policy (Resolution 2012 -46), requires the City to adopt a structurally balanced budget.

This structural balanced budget is defined as recurring annual expenses not exceeding recurring annual revenues and excludes one-time transfers. The Fiscal Year 2025-26 and 2026-27 Budget was adopted with a structural deficit. The Council approved the budget with the anticipation that the new Mercedes- Benz dealership would be open within a two-year timeframe, as well as additional retail. To assist in bridging this shortfall, the City conservatively set aside $1.2 million to cover the operating deficit over a three-year period. At the end of Fiscal Year 2026 -27, the remaining balance was initially projected to be $586,604.

The recommended General Fund adjustments result in a continued operating deficit; however the net difference is just $55,950 greater than the amount presented in the original budget . The table below shows the calculation of the Fiscal Year 202 6-2027 balanced budget formula before and after the recommended budget adjustments . The revised net difference of revenues as compared to on -going expenses is a deficit of $642,574. The Fiscal Year 2026-27 proposed budget amendments include an additional allocation of $55,950 to align with the prior Council action and the updated projected on- going deficit. Staff has also attached EXHIBIT E to reconcile the full budget with the balanced budget formula that excludes one-time transactions.

Table III: Structural Budgets (Balanced Budget Formula)

Fiscal Year 2026-27 Structural Budget Formula
Original Budget
Presentation
Amended Budget Proposed Revision
Revenues $38,745,620 $38,745,620 $39,390,187
On-going Expenses 39,332,424 39,841,658 40,032,941
Surplus (Deficit) ($586,604) ($1,096,038) ($642,754)

6 Emergency Reserve Policy
The City has a General Fund Emergency Reserve Policy that establishes a reserve level at 20% of operating revenues. The Fiscal Year 202 6-27 Budget was adopted at this target level. At an earlier Council Meeting there was some discussion of reducing the reserve percentage to allow for an additional drawdown from reserves to support the Dunes Park Development Project; however, there was sufficient unallocated fund balances to cover the project costs. Staff recommends retaining this reserve level to align with the original budget adoption. Based on the updated revenues, the emergency reserves would require an additional contribution of $146,053 to meet the 20% target. This additional contribution has been incorporated into the Fiscal Year 2026-27 proposed budget revisions.

Facility Reserve
The projected Fiscal Year 2026-27 Public Facility Building Fund balance was initially projected to be $4.1 million. At a previous Council Meeting, there was some discussion of potentially allocating a portion of the Preston Park Fund reserves to support the replacement of key City replacement facilities, such as a new City Hall, Council Chamber, and public safety buildings. The proposed budget amendments include a $2.1 million allocation from the Preston Park Fund reserves. This would bring the estimated Fiscal Year 2026-27 facility reserve balance to $6.2 million.

Unallocated Fund Balance
The General Fund was initially anticipated to end Fiscal Year 202 5-26 with an adjusted unassigned fund balance of $500,000; however, when the estimated performance is considered, as well as the proposed budget adjustments, the projected balance increases to $3.8 million. This is largely due to greater than anticipated revenue performance. Based on the proposed budgetary revisions, the General Fund ending unassigned fund balance for Fiscal Year 2026-27 is estimated to be $2.8 million.

OTHER FUNDS
Updates to other funds primarily focus on on -going revenues and expenditures with the exception of the proposed purchases listed in the capital outlay and capital project sections ; and appropriations for the new grant-supported Permanent Local Housing Allocation (PLHA ) Fund for housing programs; and the Marina Station Community Facilities District (CFD) . A brief overview of the proposed changes is included in EXHIBITS B and C.

Additional detailed information will be presented at the Council Meeting. This will include an update on the FORA Dissolution Fund, which serves as the primary resource for funding the Aquatic and Sports Center and the repayment of the corresponding interfund loan.

FISCAL IMPACT:

The actions recommended in the report will allow the City to function in a fiscally responsible manner.

All proposed changes are anticipated to result in a positive fund balance.

CONCLUSION:

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

Respectfully submitted,

Tori A. Hannah
Finance Director
City of Marina

REVIEWED/CONCUR:

Layne P. Long
City Manager
City of Marina

7 RESOLUTION NO. 2026-XX
RESOLUTION NO. 2026-XX (S/A MRA)
RESOLUTION NO. 2026-XX (NPC)
RESOLUTION NO. 2026-XX (PPSC-NPC)
RESOLUTION NO. 2026-XX (MAC)

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA, SUCCESSOR AGENCY TO THE

MARINA REDEVELOPMENT AGENCY BOARD, ABRAMS B NPC BOARD, PRESTON PARK

SUSTAINABLE COMMUNITY NPC BOARD AND AIRPORT COMMISSION ADOPTING THE FISCAL YEAR 202 6-27 MID-CYCLE BUDGET ADJUSTMENTS, AND AUTHORIZING THE

FINANCE DIRECTOR TO TAKE ALL NECESSARY ACCOUNTING AND BUDGETARY

ENTRIES

WHEREAS, the City and Agency budget is an estimation of resources, revenues and expenditures for a fiscal year period, which is July 1st through June 30th and;

WHEREAS, the City Council previously adopted the two -year budget for Fiscal Years 2025-26 and 2026-27, and;

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Marina , Boards, and Commission:

1. That the City Council, Boards, and Commission adopt the FY 2026-27 budget adjustments as detailed and recommended in the accompanying staff report and Exhibits A-E as adopted, and;

2. Authorize the Finance Director to make all necessary budgetary accounting entries, including the temporary transfer of cash due to timing of revenue payments.

PASSED AND ADOPTED by the City Council of the City of Marina at an adjourned regular meeting duly held on the 19th day of May 2026, 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
8 Tax Revenues FY25/26 Amended FY 25/26 Estimate Budget Variance A
c
t
FY 26/27 Adopted
Budget
FY 26/27
Amended
Change in
Estimate/New
Items
FY 26/27
Proposed
Revision
Property tax 10,790,000$ 11,285,000$ 495,000$ 11,254,000$ 11,254,000 314,000 11,568,000 Sales tax 10,355,000 10,713,000 358,000 10,614,000 10,614,000 266,000 10,880,000 Transient occupancy tax 6,490,000 6,410,000 (80,000) 6,652,000 6,652,000 (114,000) 6,538,000 Business License 1,910,000 1,966,000 56,000 1,956,000 1,956,000 - 1,956,000 Franchise tax 1,233,000 1,214,500 (18,500) 1,267,100 1,267,100 (22,600) 1,244,500 Cardroom 201,000 201,000 - 205,000 205,000 - 205,000 Cannabis 327,000 400,000 73,000 334,000 334,000 66,000 400,000 Subtotal Taxes 31,306,000$ 32,189,500 883,500$ 32,282,100$ 32,282,100$ 509,400$ 32,791,500 - - - - Licenses, permits, and fees 832,000$ 1,225,013$ 393,013$ 854,000$ 854,000$ 75,000 929,000$ Fines and penalties 83,000 78,000 (5,000) 84,000 84,000 - 84,000 Intergovernmental 488,500 500,153 11,653 496,500 496,500 (7,000) 489,500 Charges for services 1,420,654 1,336,654 (84,000) 1,440,754 1,440,754 (43,000) 1,397,754 Use of Money and Property 3,766,600 6,349,781 2,583,181 3,450,000 3,450,000 270,000 3,720,000 Other revenues 88,000 313,800 225,800 88,100 88,100 30,000 118,100 Subtotal Operating 37,984,754$ 41,992,900$ 4,008,146$ 38,695,454$ 38,695,454$ 834,400$ 39,529,854$ Transfers 550,166 550,166 - 1,050,166 1,050,166 46,167 1,096,333 Total Revenues 38,534,920$ 42,543,066$ 4,008,146$ 39,745,620$ 39,745,620$ 880,567$ 40,626,187$ - - - - - - Expenditures
City Council 182,689$ 178,509$ (4,180) 187,975$ 188,647$ -$ 188,647$ City Mgr/HR/Risk 2,907,893 4,580,177 1,672,284 1,907,204 1,899,923 924,000 2,823,923 HR/Risk 670,545 660,421 (10,124) 613,430 774,077 - 774,077 Information Technology 583,241 738,702 155,461 459,400 649,582 - 649,582 Finance 1,201,758 1,244,848 43,090 1,262,718 1,267,026 50,195 1,317,221 City Attorney 824,000 824,000 - 849,000 849,000 - 849,000 Police 10,727,741 10,108,241 (619,500) 11,127,011 11,205,171 55,910 11,261,081 Fire 6,096,812 5,920,425 (176,387) 6,345,191 6,391,707 - 6,391,707 Public Works / Engineering 5,012,863 5,017,705 4,842 5,107,694 5,120,007 217,000 5,337,007 Community Development 2,178,401 2,027,869 (150,532) 2,235,181 2,252,564 - 2,252,564 Economic Development 345,364 201,257 (144,107) 349,972 350,566 - 350,566 Recreation & Culture 1,692,037 1,483,996 (208,041) 1,772,685 1,778,421 - 1,778,421 Citywide Non-Department 5,296,187 5,318,764 22,577 5,476,038 5,476,042 - 5,476,042 Subtotal Operating 37,719,531$ 38,304,916$ 585,385$ 37,693,499$ 38,202,733$ 1,247,105$ 39,449,838$ Non-Operating -
Capital Outlay 2,292,482$ 2,314,692$ 22,210 -$ -$ - -$ Citywide Transfers Out 11,524,246 13,679,246 2,155,000 14,313,925 14,313,925 - 14,313,925$ Subtotal Non-Operating 13,816,728$ 15,993,938$ 2,177,210$ 14,313,925$ 14,313,925$ -$ 14,313,925$ Total Expenditures 51,536,259$ 54,298,854$ 2,762,595$ 52,007,424$ 52,516,658$ 1,247,105$ 53,763,763$

EXHIBIT A
General Fund Estimates
9 Fund Description Amended Budget
Year-End
Estimate Difference Adopted
Proposed
Adjustments
Proposed
Revision Additional Details
Public Facility Building Fund 3,401,831$ 5,501,831$ 2,100,000$ 721,000$ -$ 721,000$ Includes a $2.1 million transfer from the Preston Park Fund.

CDBG Urban County 150,000 - (150,000) 150,000 300,000 450,000 Adjusted to reflect the proposed revenues to be received in both fiscal years.

General Plan Maintenance Fee 1,259,739 1,310,739 51,000 89,000 14,000 103,000 FY 25/26 adjusted for interest and fee revenues, FY 26-27 adjusted interest Public Education Government (PEG) 101,000 88,000 (13,000) 104,000 (14,000) 90,000 Adjusted for declining revenues, with offsetting declines in expenditures Public Facilities Impact Fees 4,079,000 6,647,464 2,568,464 3,815,000 - 3,815,000 Adjusted for increased fees in Fiscal Year 25/26, as well as interest earnings.

Retained Fiscal Year 26/27 at conservative level.

Road Maintenance & Rehab Acct. 604,444 640,000 35,556 617,807 21,693 639,500 Adjustments for revenue increases.

Measure X Trans Sfty/Investment 1,035,000 1,102,500 67,500 1,065,900 37,100 1,103,000 Projected TAMC revenue increases.

FORA Dissolution 1,954,000 4,272,612 2,318,612 2,010,000 23,000 2,033,000 Adjusted FY 25/26 for revenues, primarily retained FY 26/27 for conservative low
CFD - Dunes Promenade 2024-1 - 652,000 652,000 - 682,000 682,000 FY 25/26 Based on actual levy, FY 26/27 based on preliminary estimate CFD - Marina Station 40,000 70,000 30,000 20,000 35,000 55,000 Adjust for rents and interest earnings.

Permanent Local Housing Allocation - 430,530 430,530 - 235,000 235,000 Addition of new grant-supported fund for housing programs. 2015 GO Refunding Bonds Library 604,000 637,000 33,000 600,500 45,000 645,500 Adjusted based on revised revenue estimates.

Measure-X C.O.P. Debt Service 799,575 775,575 (24,000) 799,575 (24,000) 775,575 Adjust for interest on debt proceeds that was moved to the Capital Projects - Measure X Fund.

Capital Projects - Measure X 2,550,000 3,162,000 612,000 2,636,000 158,000 2,794,000 Adjusted for interest earnings.

Airport Capital Projects 1,699,186 1,133,787 (565,399) 138,600 538,475 677,075 Adjustment for new projects and project consolidation. See agenda report for details.

City Capital Projects 37,659,996 47,626,396 9,966,400 1,000,000 - 1,000,000 Funds for Dunes Park Development, Sidewalk Shaving, and Glorya Jean Tate Park.

Marina Airport 2,511,401 2,444,301 (67,100) 2,567,882 (105,400) 2,462,482 Projected net reductions for tarmac, utility reimbursements, and fuel sales.

Preston Park NonProfit Corp 8,982,938 9,089,383 106,445 8,573,232 (9,198) 8,564,034 Adjusted Fiscal Year 25/26 for a $6.5 million transfer to the Dunes Park Project and Public Facility Building Fund; partial payment of debt principal on loan related financing costs; along with performance in FY 26/27.

Abrams B NonProfit Corp 4,028,480 3,996,129 (32,351) 4,028,480 81,945 4,110,425 Adjusted based on updated estimates.

Aquatic and Sports Center 27,571,418 28,404,418 833,000 14,301,050 - 14,301,050 Adjusted for interest earnings in Fiscal Year 2025-26.

Successor Agency Obligations 6,442,540 6,390,990 (51,550) 7,437,873 (343,755) 7,094,118 Adjusted based on most recent approved ROPS schedule.

Adjusted Totals 103,877,062$ 123,332,968$ 19,455,906$ 50,638,999$ 1,136,385$ 51,775,384$ Fiscal Year 2026-27Fiscal Year 2025-26
Other Funds - Proposed Fiscal Year 2025-26 Revenue Revisions and Fiscal Year 2026-27 Year-End Estimates

EXHIBIT B
10 Fund Description Amended
Year-End
Estimate Difference Adopted
Proposed
Adjustments`
Proposed
Revision
Vehicle and Equipment 2,071,883 2,291,525 219,642 740,668 129,239 869,907 Adjustments for changes in estimates on vehicle purchases and leases.

CDBG Urban County - - - - 450,000 450,000 Administrative adjustment for two grant-funded projects that were presented to Council; however didn't include a budget amendment.

Public Educ Govt PEG 101,000 88,000 (13,000) 104,000 (14,000) 90,000 Adjusted to reflect projected declining revenues.

Public Facilities Impact Fee 3,680,530 7,091,930 3,411,400 1,000,000 - 1,000,000 Fiscal Year 25/26 adjusted for transfers to the Capital Improvement Fund.

CFD - Dunes Promenade 2024-1 - 282,815 282,815 - 282,815 282,815 Based on current distribution to commercial association, with actual assessment pending.

Marina Station CFD - - - - 59,000 59,000 Establishes fund based on preliminary estimates, actual assessment pending.

Housing Assistance Fund 177,945 8,000 (169,945) 183,326 10,764 194,090 Adjusted for position vacancies in the current year, with updated estimates for FY 26.27.

Permanent Local Housing Allocation (PLHA) - 234,190 234,190 - 431,340 431,340 Projected housing program expenditures.

Airport Capital Projects 3,683,768 3,340,369 (343,399) 319,454 - 319,454 Adjusted for various projects. Details included in the agenda report.

City Capital Projects 80,218,497 90,184,897 9,966,400 7,656,076 - 7,656,076 Adjusted for the Dunes Park Improvement, Sidewalk Shaving, and Glorya Jean Tate projects.

Marina Airport 2,450,572 2,235,579 (214,993) 2,560,567 (147,872) 2,412,695 Adjusted for corrected insurance estimates, as well as other costs.

Preston Park NonProfit Corp 8,344,071 21,232,819 12,888,748 8,164,071 38,933 8,203,004 Fiscal Year 2025-26 adjusted for $6.5 million transfer; and $6.3 million to pay down a portion of the principal on the Preston Park loan, along with refinancing costs.

Aquatic and Sports Center 27,552,154 27,454,970 (97,184) 14,638,708 - 14,638,708 Reduced for non-operations in the current fiscal year. Retained at full budget for new fiscal year to allow for flexibility.
145,137,301$ 170,590,440$ 25,453,139$ 52,820,663$ 958,224$ 53,778,887$ Fiscal Year 2025-26 Fiscal Year 2026-27

EXHIBIT C
Other Funds - Proposed Fiscal Year 2025-26 Expenditure Revisions and Fiscal Year 2026-27 Year-End Estimates 11 MARINA

DUNES PARK
Budget and phasing discussion

EXHIBIT D
12 VE OPTION 2A
Amenities Not Included
• Demolish, grade & hydroseed overall
site
• Parking lot at Sand Dune Ave.
• Inclusive playground
• Main entry allée/connection to Sports
& Aquatic Center
• Central art courtyard
• Entrance plaza
• Great Lawn
• Phase one restroom
• Four group picnic areas
• National Fitness Court
• Family activity area
• Pickleball courts
• Tennis court
• Detention basins
• Dune gardens
• Multi-modal trail
Amenities Included
• Vine trellis
• Sand volleyball courts
• Multisport court
• Signage
• Walled garden
• Memorial trails
• Raised boardwalk
• Amphitheater
• Phase 2 restroom & concession
stand
$18.5M-$19.5M
Bid Alts – ($800k)
Future cost - $15M-$16M
13 VE OPTION 2B
Amenities Not Included
• Demolish, grade & hydroseed overall
site
• Parking lot at Sand Dune Ave.
• Inclusive playground
• Main entry allée/connection to Sports
& Aquatic Center
• Central art courtyard
• Entrance plaza
• Great Lawn
• Phase one restroom
• Three group picnic areas
• National Fitness Court
• Family activity area
• Detention basins
• Dune gardens
• Multi-modal trail
Amenities Included
• Pickleball courts
• Tennis court
• Vine trellis
• Sand volleyball courts
• Multisport court
• Signage
• Walled garden
• Memorial trails
• Raised boardwalk
• Amphitheater
• Phase 2 restroom & concession
stand
$17M-$18M
Bid Alts – ($600k)
Future cost - $15.5M-$16.5M
14 With Proposed
Adjustments
Proposed General Fund Budget FY 2026-27 FY 2026-27 (1) FY 2026-27 Revenues 39,745,620 39,745,620$ 40,626,187$ Adjustments for one-time resources
Transfer-in for special groundwater litigation (1,000,000) (1,000,000) (1,000,000) Interest adjustment - - (236,000)
Estimated on-going revenues 38,745,620$ 38,745,620$ 39,390,187$ Expenditures 52,007,424$ 53,316,658$ 53,763,763$ Adjustments for 0ne-time expenditures
Anticipated additional groundwater special litigation costs - - (800,000) Interfund Loan for the Aquatic and Sports Center (11,800,000) (11,800,000) (11,800,000) Two-year City Clerk / Deputy City Clerk transition (154,000) (154,000) (154,000) Funding overlap for the Police Sr. Mgmt. Analyst position - - (26,822) Transfer to the Facility Fund (721,000) (721,000) (721,000) Estimated reduction in costs with Imjin Road landscaping (105,000) Miscellaneous one-time costs - (124,000)
Estimated on-going expenses 39,332,424$ 40,641,658$ 40,032,941$ Net estimated on-going operating surplus/(deficit) (586,804)$ (1,896,038)$ (642,754)$ (1) The net estimated operating deficit between the adopted and amended budgets reflect the Fiscal Year 2025-26 addition of on-going expenditures. This includes an IT Manager, a Senior Human Resources Analyst; and compensation increases associated with employee agreements.

Adopted Amended

EXHIBIT E
Balanced Budget Calculation
15 April 30, 2026 Item No. 13c
Honorable Mayor and Members
of the Marina City Council
City Council Meeting
of May 19, 2026
CITY COUNCIL CONDISER RECIEVING A PRESENTATION ON (1) PAST AMENDMENTS TO THE COUNCIL RULES, (2) POTENTIAL FURTHER
AMENDMENTS AND REFINEMENTS TO SUCH RULES, AND (3)

PROVIDING DIRECTION ON OTHER REFINEMENTS OR
AMENDMENTS TO SUCH RULES.

REQUEST:

It is recommended that the City Council consider (1) receiving a presentation on past amendments to the Council Rules, (2) further amendments and refinements to such Rules; and (3) providing direction to City Attorney and Staff on other refinements or amendments to such Rules.

BACKGROUND
The City Council’s Rules and Procedures for the Conduct of Meetings were originally established by Resolution No. 80 -71 on December 12, 1980, and ha ve been amended multiple times over the decades to address meeting times and agenda ordering, among other issues. Beginning in 2022, the Council undertook a more substantive effort focused on two overarching goals: increasing public engagement and improving meeting efficiency. Council Resolution No. 2023 -68 established the Council’s current Rules and Procedures for the Conduct of the Meetings of the Marina City Council.

See Exhibit A.

Chronology of Amendments
August 16, 2022 — Initial Amendments Presented
At its August 16, 2022 regular meeting, the Council considered a staff report prepared by Interim City Attorney proposing targeted amendments to Resolution No. 80 -71 focused on public engagement and meeting efficiency. The proposed changes addressed Paragraphs 8, 9, 13, and 27 and included a redlined draft agenda as Exhibit B. In summary, the proposals restructured the per- item agenda sequence to place public comment before Council motion and discussion; reframed the minutes function as preparation of “action minutes”; allowed Councilmembers to speak twice on any subject; reduced public comment time from four to three minutes and eliminated the requirement that speakers state their name and address; and updated the agenda template to clarify public hearing procedures and Consent Agenda handling. The item was continued to September 20, 2022, but was not agendized until November 1, 2022. See Exhibit B.

November 1, 2022 — Direction to Staff; Integrated Resolution Ordered At its November 1, 2022 regular meeting, the Council directed staff to prepare an integrated resolution incorporating the following: encouraging written email comments as an alternative to verbal comment; capping general public comment at thirty minutes at the start of meetings with overflow deferred to the end; establishing a one-minute limit for Council comments after a motion; clarifying the scope of permissible technical or clarifying questions prior to public comment; establishing a five -minute per -member speaking limit with no cap on the number of rounds; preserving the per -item agenda sequence for public hearings; prohibiting further comment or discussion after a vote; directing staff to review more efficient use of the Consent Agenda; refining quasi-judicial disclosure language; making AB 1234 reporting more publicly understandable; restricting Consent Agenda pulls to Councilmembers only; directing staff to return with a two-step process for Council for placing items on the agenda; and adding a Land Acknowledgement to all future agendas. See Exhibit C.
1 CONTINUED FROM MAY 5, 2026
November 15, 2022 — Resolution 2022-138 Adopted; 5-0
At its November 15, 2022 regular council meeting, the Council considered the integrated rules resolution and adopted Resolution No. 2022-138, which repealed and replaced Resolution No. 80-71 and all prior amendments in their entirety. The resolution incorporated the changes directed on November1: separating Council and Staff Announcements from Public Comment, restructuring the per-item sequence to ensure public comment precedes Council discussion and motions, converting to action minutes, establishing per -member speaking time limits, prohibiting post -vote comment, reducing general public comment to three minutes at the Mayor ’s discretion with a thirty-minute overall cap, and adopting a new agenda template. See Exhibit D.

June 20, 2023 — Resolution 2023-68; Further Amendments Adopted; 5-0 At its June 20, 2023 regular council meeting , the Council considered further amendments to the Council rules and adopted the Resolution No. 2023-6 amending the Rules and Procedures by a unanimous vote, with the following modifications to the staff proposal: the proposed Paragraph 7 amendment addressing Council correspondence was deferred for future consideration; staff was directed to develop a video records retention policy; the public com ment section was revised to clarify that public comment is welcomed by any means not disruptive to the meeting; the adjournment extension mechanism was changed from time-based to item-based; action minutes were required to include the name and topic of discussion; and the Council speaking limit was set at five minutes per member with a non-interruptive timekeeping method to be determined. See Exhibit E.

ANALYSIS:

Based on a review of Council meetings, including application of the Rules as well as specific feedback during such meetings, certain refinements would be helpful to clarify the Rules and formalize such procedures as Council’s two-step process for Council-initiated agenda items. Below is a list of suggested new rules, refinements, and amendments, including to the Agenda Template:

I. Proposed New Rule: Two-Step Council-Initiated Agenda Items

Background
The current Rules and Procedures do not establish a formal process by which individual Councilmembers may place new items on a future agenda. In practice, this gap can result in items being agendized without adequate staff preparation, without a clear statement of purpose, or without the Council as a body having had an opportunity to weigh in on whether the item merits further attention. At the November 1, 2022 meeting, the Council recognized these concerns and directed staff to return with a proposed two-step process for Council-initiated agenda items, with reference to how other cities handle similar requests. A structured two -step process addresses the identified concerns while preserving each Councilmember’s ability to bring matters forward for consideration.

This proposed rule serves three objectives. First, it ensures that staff has adequate notice and context to prepare even a brief summary before an item reaches the Council, avoiding uninformed deliberation. Second, it gives the full Council, rather than a single member, the opportunity to assess whether an item warrants the investment of staff time and resources required for a complete action item report. Third, it creates a consistent, transparent record of how items originate and progress to the agenda, which supports public understanding of the Council’s legislative process.

Proposed Rule Language

Rule 36. Council-Initiated Agenda Items — Two-Step Process.

(a) Step One — Introduction and Direction. A Councilmember who wishes to place a new item on a future agenda shall first submit a written request to the City Manager describing the subject matter, the Councilmember’s proposed objective, and any background information 2 relevant to the request. The City Manager shall place the item on the next available regular meeting agenda under a designated section titled “Council-Initiated Items.” At that meeting, the Councilmember shall briefly introduce the item in no more than three (3) minutes. Staff shall provide a short summary of any known operational, fiscal, or legal considerations. The Council shall then have an opportunity to discuss the item and provide direction to City staff. No final action shall be taken at Step One.

(b) Step Two — Action Item. If the Council, by majority vote, directs staff to return with a full report, staff shall prepare a staff report and place the item on a future agenda as a regular action item in accordance with Paragraph 6 of these Rules. The staff report shall address the Council’s stated objectives, relevant background, options for Council consideration, fiscal impact, and a staff recommendation.

(c) Exceptions. A Councilmember may request that a matter bypass Step One and be placed directly on the agenda as a full action item if: (i) the matter involves a time-sensitive issue that cannot reasonably await the two -step process; (ii) staff has already prepared or possesses sufficient background to support a full report; or (iii) the subject matter has previously been considered by the Council within the prior twelve months. Any such exception shall require the concurrence of the Mayor or, in the Mayor’s absence, the Mayor Pro Tempore.

(d) Written Request Deadline. Written requests under subdivision (a) shall be submitted to the City Manager no later than 12:00 noon on the Wednesday preceding the meeting at which the Councilmember wishes the item to be introduced, consistent with the general agenda submission deadline established in Paragraph 6.

II. Proposed Rule Clarification: Public Comment on Pulled Consent Agenda Items Proposed addition to Rule 8 (Order of Business and Consideration and Sequence of Agenda Items) (Exhibit A):

(d) Public Comment on Consent Agenda Items Pulled for Separate Consideration. Public comment on all Consent Agenda items shall be heard during the general Public Comment period at the outset of the meeting. Any member of the public wishing to comment on a Consent Agenda item must do so at that time. If a Consent Agenda item is subsequently pulled by the Council for separate discussion and consideration, no additional public comment period shall be provided on that item, and Council deliberation shall procee d based upon the public input already received during general Public Comment. Notwithstanding the foregoing, the Council may, by majority vote, allow further public comment on a pulled item where the Council determines that additional input would materially assist its deliberation.

III. Proposed Agenda Template Revision: Standing Item 1.a: Councilmember Remote Attendance Announcements

It is recommended that the agenda template be revised to include a standing agenda item immediately following the Call to Order, designated as Item 1.a, with the following title and form:

1.a. Remote Attendance Announcement(s) by Councilmember(s) — Just Cause or Disability Accommodation (Gov. Code §§ 54953(c), 54953.8.3) Any Councilmember participating in this meeting remotely shall at this time announce the basis for remote attendance. A Councilmember attending remotely for just cause shall briefly identify the applicable just cause ground. A Councilmember attending remotely as a disability accommodation shall confirm participation under Government Code section 54953(c). The Council shall take no vote on remote attendance under either provision. The City Clerk shall record the member’s remote attendance and the stated basis in the minutes. 3 Statutory Background; Effect of SB 707: The prior authority for just cause remote attendance by individual Councilmembers, Assembly Bill 2449, was codified at Government Code section 54953(f) and sunsetted on January 1, 2026. Senate Bill 707, effective January 1, 2026, comprehensively reorganized and expanded the Brown Act’s teleconferencing framework. The just cause and emergency circumstances provisions formerly in section 54953(f) have been relocated and amended in new Government Code section 54953.8.3, and extended through December 31, 2029.

Just Cause Remote Attendance ; Gov. Code § 54953.8.3 : Under the successor provision, a Councilmember may attend a meeting remotely for just cause without triggering the traditional teleconferencing requirements, provided a quorum of the Council is physically present at the meeting location. SB 707 expanded the categories of qualifying just cause to include:

• Childcare or caregiving obligations for a child, parent, grandparent, grandchild, sibling, spouse, or domestic partner;
• A contagious illness that prevents in-person attendance; • A physical or mental health condition not separately covered by the disability accommodation provision;
• Travel on official business of the legislative body or another public agency; • The presence of an immunocompromised household or family member; • A physical or family medical emergency; and
• Military service under official written orders for active duty or drill.

Notably, under SB 707 a member invoking just cause is not required to disclose any medical diagnosis or personal medical information beyond identifying the applicable ground.

Unlike the AB 2449 framework, SB 707 does not require a majority vote of the Council to approve a just cause remote attendance request. Instead, the statute requires only that the member ’s remote attendance and the specific just cause basis be recorded in the minutes of the meeting. No advance agenda notice of the remote attendance is required, though the Council may, in its discretion, adopt a practice of requesting advance notice to facilitate orderly meeting management.

Frequency limits apply: a Councilmember may not attend remotely for just cause more than five times per year if the Council meets twice per month.

Disability Accommodation ; Gov. Code § 54953(c) : SB 707 also permanently amended Government Code section 54953 to expressly authorize members of a legislative body with a disability to participate in meetings remotely as a reasonable accommodation under applicable law, including the Americans with Disabilities Act. Remote participation under this provision is treated as in-person attendance for all purposes, including quorum. The member must participate using both audio and video technology unless their disa bility requires an exception. The member must also disclose whether any other adult is present at their remote location and the general nature of that person’s relationship to the member. Because th e basis of this statutory provision is grounded in disability accommodation law rather than the just cause framework, it is not subject to the frequency limits applicable under section 54953.8.3.

Staff and City Attorney can prepare a brief reference sheet for Councilmembers summarizing the qualifying just cause grounds, frequency limits, disclosure requirements, and the distinction between just cause and disability accommodation under SB 707, to accompany adoption of this template change.

4 IV. Proposed Agenda Template Revision: Remote Participation Notice It is recommended that the agenda template also be revised to include the following notice in a prominent location, such as immediately following the meeting access and participation information currently appearing at the top of each agenda:

PLEASE NOTE: IF ALL COUNCILMEMBERS ARE PRESENT IN PERSON,

PUBLIC PARTICIPATION BY ZOOM IS FOR CONVENIENCE ONLY AND IS NOT REQUIRED BY LAW. IF THE ZOOM FEED IS LOST FOR ANY REASON, THE

MEETING MAY BE PAUSED WHILE A FIX IS ATTEMPTED BUT THE MEETING MAY CONTINUE AT THE DISCRETION OF THE PRESIDING OFFICER.

This notice serves to clearly communicate to the public the legal status of remote participation access when all Councilmembers are physically present in Council chambers. Under the Brown Act, the City of Marina is not required to provide teleconference access to the public when members are present in person; remote access, when offered, is a courtesy.1 The notice addresses potential public confusion due to a disruption when technical difficulties interrupt the Zoom feed during an otherwise properly convened in-person meeting. By setting expectations in advance and on the face of the agenda itself, the notice allows the Presiding Member to exercise discretion to continue the meeting without the appearance of disenfranchising the public or acting inconsistently with prior practice. It also reduces pressure on staff to indefinitely delay or adjourn a meeting due to a technical failure that has no legal bearing on the validity of the proceedings.

V. Suggested Refinements Based on Rosenberg’s Rules of Order The City ’s Rules and Procedures reference Robert ’s Rules of Order as the default governing authority ( Exhibit A , Rule 24), but staff reports from the 2022 amendment process cited Rosenberg’s Rules of Order, Exhibit F, as a potential model for structured deliberation. Robert’s Rules of Order is a 714 page manual of parliamentary procedure originally published in the 19 th Century by Henry Robert III. Rosenberg’s Rules, published by the League of California Cities and designed specifically for small deliberative bodies like city councils, offer several refinements worth considering for further improving meeting efficiency. A simple comparison of the two sets rules is attached as Exhibit G.

1. Motion Before Discussion. Rosenberg’s Rules recommend that a motion be placed before the body prior to opening general discussion/deliberations on an agenda item, on the theory that having a concrete motion on the floor helps focus deliberation on a specific proposed action.

The City’s current sequence ( Exhibit A, Rule 8c) places the motion after public comment and Council discussion. The Council could consider clarifying that the Chair may invite a motion immediately after public comment closes and before Council discussion begins, consistent with Rosenberg’s recommended format. Rule 8c can be amended to incorporate this change.

2. Limiting Motions on the Floor. Rosenberg’s Rules establish a practical ceiling of three motions on the floor at any one time, with votes proceeding in reverse order of introduction.

The City’s current Rules ( Rule 14) address motions and precedence but do not set an explicit numerical limit. Adding such a limit would give the Chair clearer authority to manage complex or contentious items and reduce procedural confusion.

1 SB 707: Eligible Legislative Body Requirements Not Applicable: SB 707 introduced new Government Code section 54953.4, which imposes certain mandatory public remote access requirements, including provision of a two -way audiovisual platform and adoption of a written meeting disruption policy, on legislative bodies that qualify as an “eligible legislative body.” Eligibility is determined by population thresholds based on the most recent applicable federal decennial census or qualifying estimate. Based on Marina’s current population, the City does not meet the threshold required to qualify as an eligible legislative body under section 54953.4, and the mandatory public remote access requirements of that provision are therefore not applicable to the City Council. Accordingly, the provision of Zoom access to the public remains a discretionary courtesy rather than a statutory obligation. 5 3. Friendly Amendments. Rosenberg’s Rules recognize the “friendly amendment” as a practical, informal tool that allows motions to be refined during discussion without requiring a formal separate motion to amend — provided both the maker and the seconder of the original motion agree. Council currently uses this tool, but it is not expressly permitted in the Rules and Procedures, Exhibit A. Expressly permitting this practice in the Rules would streamline deliberation on items where minor wording adjustments emerge naturally during Council discussion.

4. Motion to Limit Debate. Rosenberg’s Rules provide for a formal “motion to limit debate” that, if seconded and passed by a two-thirds vote, cuts off further discussion and moves directly to a vote. Adding this mechanism would give the Council a formal parliamentary tool to manage unusually prolonged deliberation on any single item, beyond the existing per-speaker time caps.

If Council desi res, Staff and City Attorn ey can pre pare a brief referenc e sheet for handling of motions, including descriptions of motions not subject to debate.

FISCAL IMPACT
None.

CONCLUSION:

This request is submitted for City Council consideration.

Respectfully submitted,
____________________________
René Alejandro Ortega
City Attorney
City of Marina
REVIEWED/CONUR:
____________________________
Layne Long
City Manager
City of Marina
Attachments:

Exhibit A
– Resolution No. 2023-68, Rules and Procedure s for the Conduct of Meetings of the Marina City Council
Exhibit B
– Staff Report and Resolution No. 2023-, June 20, 2023
Exhibit C – Staff Report, November 15, 2022
Exhibit D – Staff Report and Resolution No. 2022-, November 1, 2022 Exhibit E – Staff Report, August 16, 2022
Exhibit F – Rosenberg’s Rules of Order
Exhibit G – Comparison of Rosenberg’s Rules to Robert’s Rules 2059382.1
6 RESOLUTION NO. 2023-68

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA

AMENDING THE RULES AND PROCEDURES FOR THE CONDUCT OF

MEETINGS
WHEREAS, at the regular meeting of December 12, 1980, the City Council adopted Resolution No. 80 -71 Establishing th e Rules and Procedures for the Conduct of Meetings of the City Council (“Rules and Procedures”);
WHEREAS, the City Council previously amended the Rules and Procedures by adopting Resolution Nos. 85-1, 90 -09, 91 -17, 92 -30, 94 -15, 98 -03, 99 -01, 2001 -106, 2009-41, 2011 -32, 2011-33, 2011-65, and 2019-107 (collectively, “Amendments”); WHEREAS, at its meeting on November 15, 2022, the Council approved Resolution 2022-138 authorizing revisions to the Rules and Procedures;
WHEREAS, staff proposes further modifications to Rules and Procedures, as provided in Exhibit A attached hereto, specifically to Paragraph 7 regarding Council Correspondence, Paragraph 8 regarding the Consideration and Sequence of Agenda Items, Paragraph 13 regarding Debate, and new Paragraph 21 regarding Ex Parte Disclosures; and
WHEREAS, amendment of the Rules and Procedures is not subject to California Environmental Quality Act (CEQA) as it is not a “project” pursuant to Section 15378 of the CEQA Guidelines.

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

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. Rules and Procedures. The Rules and Procedures shall be modified as set forth in Exhibit A, RULES AND PROCEDURES FOR THE CONDUCT OF THE MEETINGS OF THE MARINA CITY COUNCIL AND AMENDMENTS, attached hereto and incorporated by reference.

Section 3. Effective Date of Resolution. This Resolution shall take e ffect on immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting held this 20th day of June 2023, by the following vote:

AYES, COUNCIL MEMBERS: Visscher, McCarthy, Biala, Medina Dirksen, Delgado NOES, COUNCIL MEMBERS: None
ABSENT, COUNCIL MEMBERS: None
ABSTAIN, COUNCIL MEMBERS: None
___________________________
Bruce C. Delgado, Mayor
ATTEST:
_____________________
Anita Sharp, Deputy City Clerk

EXHIBIT A
7 Adopted by Resolution No. 2023-68
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RULES AND PROCEDURES FOR

THE CONDUCT OF THE MEETINGS OF THE MARINA CITY COUNCIL

AND AMENDMENTS

1. Purpose. The purpose of these Rules is to establish the procedure for the presentation and determination of matters coming before the Marina City Council, to provide for the fair and efficient consideration of said matters, and to insure that the public is fully informed of the matters coming before the City Council and has an opportunity to witness the deliberations of the members thereof in the conduct of public business, and that proper public involvement in the deliberations of the council be encouraged.

2. Regular Meetings. The City Council shall hold regular meetings on the first and third Tuesday of each month convening at the hour of 5:00 p.m. if there is to be a closed session and convening in open session at the hour of 6:30 p.m. in the Council Chambers of City Hall, 211 Hillcrest Avenue in the City, or such other place within the City limits to which said meeting may be adjourned. If by reason of fire, flood or other emergency it shall be unsafe to meet in City Hall, the meetings may be held for the duration of the emergency at such other place and at such hour as is designated by the Mayor or, if he should fail to act, by three members of the City Council. When the day for any regular meeting falls on a legal holiday, no meeting shall be held on such holiday, but a regular meeting shall be held at the same hour on the following business day.

3. Study Sessions. The City Council shall meet in a study session on the first and third Tuesdays of each month at the hour of 7:00 o’clock p.m. in the Council Chamber of the City Hall, or at such other place as may be determined by the Council, for the purpose of hearing reports from the staff and reviewing, discussing and debating matters of interest to the City. Such sessions shall be open to the public and press. No official action shall be taken at a study session; provided, however, that nothing herein shall be deemed to prevent the taking of an informal vote on any matter under discussion. The participation of the public in such sessions shall be subject to the discretion of the presiding officer.

4. Special Meetings. Special meetings may be called at any time by the mayor, or by three members of the City Council, by delivering personally or by mail written notice to each Council Member and to each local newspaper of general circulation, radio or television station requesting notice in writing. Such notice must be delivered personally or by mail at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meetings. Such written notice may be dispensed with as to any Council Member who at or prior to the time the meeting convenes files with the City Clerk a written waiver of notice. Such waiver may be given by telegram. Such written notice may also be dispensed with as to any Council Member who is actually present at the meeting at the time it convenes.

5. Meetings to be Public - Exception for Executive Sessions. All regular and special meetings of the City Council shall be public; provided, however, the City Council may hold executive sessions during a regular or special meeting, from which the public may be excluded, 8 Adopted by Resolution No. 2023-68
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for the purpose of considering the matters referred to in §§54957-54957.6 of the Government Code of the State of California, as may be amended.

No member of the City Council, employee of the City, or any other person present during an executive session of the Council shall disclose to any person the content or substance of any discussion which took place during said executive session unless the City Council shall authorize the disclosure of such information by majority vote.

6. Agenda. All reports, communications, ordinances, resolutions, contract documents or other matters to be submitted to the Council at a regular meeting shall be delivered to the City Clerk not later than 12:00 o’clock noon on the Wednesday preceding the meeting. The City Clerk shall prepare an agenda of all such matters according to the order of business (paragraph 8 herein below). The agenda shall be delivered or otherwise made available to the Council Members on the Friday preceding the Tuesday Council meeting to which it pertains, and shall be made available to the public no later than 10:00 o’clock a.m. on the Monday preceding the meeting. All matters shall be considered by the Council in the order listed on the agenda, to the extent of time available; provided, however, that the order of the agenda may be changed at any time by the unanimous consent of all Council Members then present at a meeting. Agenda items not considered or completed for lack of time shall become agenda items at the following meeting in accordance with the foregoing policies. No matters other than those on the agenda shall be finally acted upon by the Council; provided, however, that a matter deemed to be an emergency by any Council Member, the City Manager or the City Attorney, or a matter which would become moot if not acted upon at the council meeting at which it is brought up, with an explanation of the emergency or other necessity for bringing it up stated in open council meeting, may be placed upon the agenda by a motion, seconded and carried, and then may be considered and acted upon by the Council.

7. Council Correspondence.

a) Availability to the Public. Correspondence addressed to the City Council which is received by the City Clerk or any other officer or employee of the City becomes a disclosable public record, unless subject to an exemptions under the California Public Records Act, as soon as it is received. Correspondence received in the City Clerk’s office or other offices after 12:00 o’clock noon on the Wednesday preceding a regular meeting shall not be placed on the agenda unless it concerns a matter to be considered by the Council at the next regular meeting or is determined by the Mayor or the City Manager to be an urgent matter which should be brought to the immediate attention of the Council. Correspondence shall not be read aloud at a Council meeting unless requested by a majority vote of the Council.

Authority of City Manager. The City Manager is authorized to open and examine all mail or other written communications addressed to the City Council and to give it immediate attention to the end that all administrative business referred to in said communications and not necessarily requiring Council action may be acted upon between Council meetings.

8. Order of Business and Consideration and Sequence of Agenda Items. 9 Adopted by Resolution No. 2023-68
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a) The business of the Council shall be taken up for consideration and disposition in the following order:

1. Call to Order 5:00 p.m. (if there is to be a Closed Session)

2. Roll Call and Establishment of Quorum

3. Closed Session (if any)

4. Open Regular Session (6:30 p.m.) - Report Any Action taken in Closed Session

5. Moment of Silence & Pledge of Allegiance

6. Special Presentations

7. Council and Staff Announcements

8. Public Comment – up to a maximum of three (3) minutes

9. Consent Agenda

10. Public Hearings

11. Other Council Action Items

12. Council & Staff Informational Reports

13. Adjournment

b) The Mayor, at their discretion and subject to majority vote overruling them, may re-arrange agenda items, provided that any items `pulled’ from Item 9, `Consent Agenda’ shall be considered following the last item of Item 11, `Other Council Action Items’.

c) The following shall be the procedure for consideration and sequence of each Agenda Item, including Public Hearings:

1. Mayor Introduces the Agenda Item

2. City Manager/Executive Director (or designee/Council Member) Presents Staff Report

3. Applicant/proponent, when appropriate, up to 10 minutes (at Presiding Officer’s discretion)

4. Public Comments

5. Mayor Closes Public Hearing/Public Comments

6. Council Discussion

7. Council Motion and Brief Comment (1 minute each)

8. Council Vote

9. Preparation of Minutes. The City Clerk shall have exclusive responsibility for preparation of action minutes, and any directions for changes in the minutes shall be made only by majority action of the City Council.

10. Reading of Minutes. Unless the reading of the minutes of a Council meeting is ordered by a majority vote of the Council, such minutes may be approved without reading if the City Clerk has previously furnished each Council Member with a copy.

10 Adopted by Resolution No. 2023-68
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11. Presiding Officer. The Mayor shall be the Presiding Officer at all meetings of the City Council. In the absence of the Mayor, the Mayor Pro Tempore shall preside. In the absence of both the Mayor and Mayor Pro Tempore, the City Clerk shall call the Council to order, whereupon a temporary Presiding Officer shall be elected by the Council Members present to serve until the arrival of the Mayor or Mayor Pro Tempore or until adjournment. Wherever in these Rules the term Mayor is used, it shall apply equally to the Presiding Officer as defined in this section.

12. Powers and Duties of Presiding Officer.

a) Participation. The Presiding Officer may move, second, debate and vote from the Chair.
b) Question to be Stated. The Presiding Officer or such member of the City staff as they may designate shall verbally restate each question immediately prior to calling for the vote.

Following the vote the City Clerk shall announce whether the question carried or was defeated.

The Presiding Officer in their discretion may publicly explain the effect of a vote for the audience, or may direct a member of the City staff to do so, before proceeding to the next item of business.

c) Signing of Documents. The Presiding Officer shall sign all ordinances, resolutions, contracts, and other documents necessitating their signature which were adopted in their presence, unless they are unavailable, in which case the signature of an alternate Presiding Officer may be used.

d) Sworn Testimony. The Presiding Officer may require any person addressing the City Council to be sworn as a witness and to testify under oath, and the Presiding Officer shall so require if directed to do so by a majority vote of the Council.

13. Rules of Debate.

a) Getting the Floor. Every Council Member desiring to speak shall first address the Chair, gain recognition by the Presiding Officer, and shall confine themselves to the question under debate, avoiding personalities and indecorous language.

b) Questions to Staff. Every Council Member desiring to question the City staff shall, after recognition by the Presiding Officer, address their questions to the City Manager, the City Attorney, or to such other department head or member of the City staff as may be appropriate.

c) Interruptions. A Council Member, once recognized, shall not be interrupted when speaking unless called to order by the Presiding Officer, unless a point of order or personal privilege is raised by another Council Member, or unless the speaker chooses to yield to a question by another Council Member. If a Council Member while speaking is called to order, they shall cease speaking until the question of order is determined and, if determined to be in order, may then proceed. Members of the City staff, after recognition by the Presiding Officer, 11 Adopted by Resolution No. 2023-68
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shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer.

d) Points of Order. The Presiding Officer shall determine all points of order subject to the right of any Council Member to appeal to the Council. The Presiding Officer may consult with the City Manager or the City Attorney in connection with determining a point of order, or may refer the question involved to either one for determination. If an appeal is taken, the question shall be, “Shall the decision of the Presiding Officer be sustained?” A majority vote shall conclusively determine such question of order.

e) Point of Personal Privilege. The right of a Council Member to address the Council on a question of personal privilege shall be limited to cases in which their integrity, character or motives are questioned or where the welfare of the Council is concerned. A Council Member raising a point of personal privilege may interrupt another Council Member who has the floor only if the Presiding Officer recognizes the privilege.

f) Privilege of Closing Debate. The Council Member moving the adoption of an ordinance, resolution or motion shall have the privilege of closing debate.

g) Limitation of Debate. No Council Member shall be allowed to speak more than once upon any particular subject until every other Council Member desiring to do so shall have spoken. During each round of discussion, each Council Member shall be allowed to speak for up to five (5) minutes.

14. Ordinances, Resolution and Motions--Precedents. When an ordinance, resolution or motion is properly brought before the Council and seconded by another Council Member, no other action shall be considered except a point of order, or a motion to adjourn to table, to table to a certain time, to close debate, to refer or to amend. Such items shall have precedence in the order stated in the preceding sentence. Points of order shall be ruled upon by the Presiding Officer, provided that such ruling may be overridden by a majority of the Council. All of such motions, except motions to amend, shall be put to a vote without debate and decided by a majority.

Any of the foregoing motions shall be in order at any time the speaker is duly recognized, except when repeated without intervening business or discussion, or if made when the motion to close debate has been adopted or while a vote is being taken.

a) Motion to Table. If a motion to table (without time certain) passes, consideration of the matter may be resumed only upon the motion of a member voting with the majority on the motion to table.

b) Motion to Close Debate. When a motion to close debate is duly made and seconded, there shall be no further debate. If the question carries, the Presiding Officer shall put pending amendment to a vote, without debate, in the inverse order of their introduction before putting the main question. If the question is decided negatively, the main question and its amendments remain before the council
12 Adopted by Resolution No. 2023-68
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c) Reconsideration. Providing that no intervening rights will be prejudiced, any Council Member who voted with the majority on a question may move the reconsideration of that question at the same meeting in which the original decision was made or at the next following meeting. After a motion for reconsideration has been acted upon, no other similar motion shall be made without unanimous consent.

15. Voting. Three affirmative votes are required to enact an ordinance or to adopt a resolution or motion granting a franchise or authorizing the payment or expenditure of money or incurring of a debt. The majority of a quorum is required to adopt other resolutions or motions.

A “majority” refers to a majority of the quorum present.

Every ordinance shall be adopted by a roll call vote. All other matters may be referred to a vote unless a roll call is requested by any Council Member. On all matters for which a voice vote is authorized, the Presiding Officer may ask for, “objections to the question?” If no objection is expressed, the Presiding Officer shall, “so order,” and the minutes shall record a unanimous vote in favor. If any Council Member objects to the procedure, a roll call vote shall be call in the normal manner.

After a vote has been announced, and except for comments pursuant to Rule 22, no Council member shall comment or continue to debate the vote.

16. Failure to Vote. Every Council Member should vote unless disqualified by reason of a conflict of interest. A Council Member who abstains from voting in effect consents that a majority of the quorum may decide the question voted upon.

17. Silence Constitutes Affirmative Vote. Unless a member of the Council states that they are not voting, their silence shall be recorded as an affirmative vote.

18. Tie Vote. Tie votes shall be lost motions and may be reconsidered.

19. Changing Vote. A member may change their vote only if they make a timely request to do so immediately following the announcement of the vote by the City Clerk and prior to the time that the next item in the order of business is taken up. A Council Member who publicly announces that they are abstaining from voting on a particular matter shall not subsequently be allowed to withdraw their abstention.

20. Disqualification for Conflict of Interest. Any Council Member who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Presiding Officer state the nature of such disqualification in open meeting. Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Council Member affected, be decided by the other Council Members or the City Attorney. A Council Member who is disqualified by reason of a conflict in interest in any matter shall not remain in their seat during the debate and vote on such matter, but shall request and be given the permission of the Presiding Officer to step down from the Council table. The Council Member 13 Adopted by Resolution No. 2023-68
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stating such disqualification shall not be counted as a part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter.

21. Ex Parte Communications for Quasi-Judicial Matters. On quasi-judicial matters, Councilmembers shall verbally disclose off the record contacts relating to the item, after the item is called and before Council consideration of the matter. Disclosure shall include the identity of an individual(s) with whom the Council Member had contact, and the nature of the contact.

Written ex parte communications must be forwarded to the City Clerk so they can be provided to the entire Council and to the public.

22. Remarks of Council Member and Synopsis of Debate. A Council Member may request through the Presiding Officer the privilege of having an abstract of their statement on any subject under consideration by the Council entered in the minutes. If the Council consents thereto, such statement shall be entered in the minutes.

23. Protest against Council Action. Any Council Member shall have the right to have the reasons for their dissent from, or protest against, any action of the Council entered in the minutes. Such dissent or protest to be entered in the minutes shall be made in the following manner: “I would like the minutes to show that I am opposed to this action for the following reasons...”.

24. Rules of Order. Except as otherwise provided in these Rules, other rules adopted by the City Council or applicable provisions of State law, the procedures of the Council shall be governed, to the extent applicable, by the latest revised edition of Robert’s Rules of Order.

25. Failure to Observe Rules of Order. Rules adopted to expedite the transaction of the business of the Council in an orderly fashion are deemed to be procedural only and the failure to strictly observe such rules shall not affect the jurisdiction of the Council or invalidate any action taken at a meeting that is otherwise held in conformity with law.

26. Ordinances, Resolutions and Contracts.

a) All ordinances Shall be Prepared by the City Attorney. No ordinance shall be prepared for presentation to the Council unless ordered by a majority vote of the Council, or requested by the Mayor, or City Manager, or prepared by the City Attorney on their own initiative.

b) Prior Approval by Administrative Staff. All ordinances, resolutions and contract documents shall, before presentation to the Council, have been approved as to form and legality by the City Attorney and shall have been examined and approved for administration by the City Manager or their authorized representative.

27. Reading of Ordinances and Resolutions. At the time of adoption of an ordinance or a resolution, it shall be read in full unless, after the reading of the title thereof, the further reading thereof is waived by unanimous consent of the Council Members present. Such consent may be expressed by a statement by the Presiding Officer that “if there is no objection, the further 14 Adopted by Resolution No. 2023-68
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reading of the ordinance or resolution shall be waived.” If any Council Member so requests, the ordinance or resolution shall be read in full.

28. Addressing the Council.

a) Manner of Addressing Council. Each person desiring to address the Council shall, unless time is limited or otherwise specifically provided for in these rules or is granted by majority vote of the Council, limit their remarks to three (3) minutes, which may be limited at the discretion of the Mayor depending on time available and the number of speakers. All remarks shall be addressed to the Council as a whole and not to any member thereof.

b) Spokesman for Group of Persons. In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the Council on the same subject matter, it shall be proper for the Presiding Officer to request that a spokesperson be chosen by the group to address the Council and, in case additional information or matters are to be presented by any other member of said group, to limit the number of such persons addressing the Council.

c) After Motion. After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing permission to do so by the City Council.

29. Rules of Decorum.

a) Council Members. While the Council is in session, the Members must preserve order and decorum, and a Member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council nor disturb any Member while speaking or refuse to obey the orders of the Presiding Officer.

b) Employees. Members of the City staff and employees shall observe the same rules of order and decorum as are applicable to the City Council.

c) Persons Addressing the Council. Any person making impertinent, slanderous or profane remarks, or who becomes boisterous while addressing the Council, shall be called to order by the Presiding Officer and, if such conduct continues, may at the discretion of the Presiding Officer be barred from further audience before the Council during that meeting, unless permission to continue be granted by a majority of the Council.

d) Members of the Audience. Any person in the audience who engages in disorderly conduct such as hand clapping, stamping of feet, whistling, using profane language, yelling, and similar demonstrations, which conduct disturbs the peace and good order of the meeting, or who refuses to comply with the lawful orders of the Presiding Officer, shall be guilty of an infraction, and upon instructions from the Presiding Officer, it shall be the duty of the Sergeant at Arms to remove any such person from the Council Chamber and to place him under arrest or otherwise cause him to be prosecute under the law.

15 Adopted by Resolution No. 2023-68
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30. Enforcement of Decorum. The Director of Public Safety or such member or members of the Public Safety Department as they may designate, shall be Sergeant at Arms of the City Council and shall carry out all orders given by the Presiding Officer for the purpose of maintaining order and decorum at the Council meetings. Any Council Member may move to require the Presiding Officer to enforce the rules, and the affirmative vote of a majority of the Council shall require him to do so.

31. Public Hearings. The following rules shall apply to all public hearings, except when proceedings are held under general laws of the State of California which require different procedures

a) The Mayor shall state the subject matter of the hearing and declare the public hearing open. Before doing so, they may determine whether or not there are proponents or opponents who wish to make presentations, how many persons wish to be heard or other matters which may affect the conduct of the proceedings. The Mayor may impose and announce reasonable time limits on presentations or oral arguments by the public.

b) The City Manager or appropriate staff member shall give a factual summary of the matter.

c) Council Members shall disclose any ex parte communications.

d) The proponents shall be heard. (Written correspondence shall be summarized by the Clerk.)

e) The opponents shall be heard. (Written correspondence shall be summarized by the Clerk.

f) Each side shall be given a reasonable time for rebuttal. Additional speakers must limit their remarks to providing new information that was not already covered by other speakers.

g) Prior to the close of the public hearing, the Mayor shall give those persons wishing to place their names on the record as being for or against, without presenting an oral argument, an opportunity to do so.

h) The public hearing shall be declared closed.

i) The Council shall discuss and determine the matter.

j) After the public hearing is closed, the public shall not be recognized to speak except to answer any question not covered in the public hearing, and provided that whenever any such answer is given, the opposing side shall be given an opportunity to present facts in rebuttal of the answer given.

32. Policy on Public Input. It is the declared policy of the City Council that any member of the public wishing to be heard on a matter under consideration by the City Council shall be given 16 Adopted by Resolution No. 2023-68
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a reasonable opportunity to do so. Prior to the vote on any issue, the Mayor shall determine whether or not anyone present wishes to be heard. The Mayor may establish reasonable time limits for oral presentations and shall limit the presentation to the matter before the City Council at that time.

33. Absences from Council Meetings. Pursuant to Government Code §36513, if a City Council Member is absent without permission from all regular Council meetings for 60 days consecutively from the last regular meeting he attended, their office becomes vacant and shall be filled by the Council as any other vacancy. In addition, should any Council Member be absent from two (2) consecutive regular Council meetings, or from three (3) regular Council meetings in any six-month period, without permission from (i.e., not excused for good cause) the Council, the Council may determine that the best interests of the City would be served by said Council Member’s resignation, and may request such resignation in a letter authorized by vote of the Council.

34. Automatic Adjournment. Unless otherwise adjourned, all meetings of the City Council shall automatically be adjourned at 10:00 o’clock p.m., except that a majority may by one or more motions act to extend the automatic adjournment for completion of a particular item or items, as specified in the motion to extend the time of adjournment.

35. Amendment of Rules. These rules may be amended by an affirmative vote of a majority of a quorum; provided, however, that except as to rules relating to adjournment, where a provision of these rules requires action by a specific affirmative vote which is greater than a majority of a quorum, then amendment to that rule requires the same vote required for the rule proposed to be amended.

17 May 31, 2023 Item No. 13c
Honorable Mayor and Members
of the Marina City Council
City Council Meeting
of June 20, 2023
CITY COUNCIL CONSIDER ADOPTING RESOLUTION 2023- ,
AMENDING THE CITY’S RULES AND PROCEDURES FOR THE

CONDUCT OF MEETINGS
REQUEST:

It is requested the City Council consider:

1. Adopting Resolution No. 2023- , which further amends the Rules and Procedures for the Conduct of Meetings (EXHIBIT 1).

BACKGROUND:

On December 12, 1980, the City Council adopted Resolution No. 80-71, “Establishing the Rules and Procedures for the Conduct of Meetings of the City Council” (“Rules and Procedures”). The Rules and Procedures govern Council conduct, and include provisions for setting meetings, order of the agendas, Council debate, and conflicts of interest. Council directed staff to bring forward proposals regarding the Rules and Procedures to increase public engagement and improve meeting efficiency. At its meeting on November 15, 2022, the Council approved Resolution 2022-138, authorizing revisions to the Rules and Procedures. A link to the staff report can be found at: https://www.cityofmarina.org/AgendaCenter/ViewFile/Agenda/_11152022-377.

DISCUSSION:

The City Council has been successfully implementing the new Rules and Procedures, and some additional changes have been proposed to increase meeting efficiency, and address new concerns.

A. Paragraph 7 – Council Correspondence
From time to time, Council Members have prepared written comments or presentations in regard to meeting agenda items. Providing materials in advance of the meeting would allow City staff the opportunity to make copies, review and/or respond if needed, and ensure any technical difficulties are addressed. Proposed language regarding such a policy is shown in italicized text as follows:

7. Council Correspondence.
c) Council members providing written comments or materials regarding agenda items must provide such materials to the City Clerk no later than 10:00 a.m. the day of the Council meeting.

Council Members must keep in mind that their written comments should not be distributed to other Council Members outside of the public meeting.
1 EXHIBIT B
18 Paragraph 8 - Consideration and Sequence of Agenda Items In November, Council also approved changes to 8 c) regarding the sequence of an agenda item.

Once the agenda item is presented by staff and the applicant/proponent, if any, the matter should be referred to the public for comment. Prior to public comment, the Council agreed that the only questions from Council would be “technical questions” that are imperative to understanding of the presentation and matter before Council, e.g., “Is the contract for two or three years?” or “Is the not-to-exceed amount of $50,000 correct?” All other questions (and discussion) by Council should be deferred until after the public has had the opportunity to provide input. In practice, the questions typically segue into extended discussion prior to soliciting the public comment.

Proposed modifications to the sequence are shown in strike-out text below:
c) The following shall be the procedure for consideration and sequence of each Agenda Item, including Public Hearings:

1. Mayor Introduces the Agenda Item

2. City Manager/Executive Director (or designee/Council Member) Presents Staff Report

3. Applicant/proponent, when appropriate, up to ten (10) minutes (at Presiding Officer’s discretion)

4. City Council Clarifying Technical Questions of Staff and Applicant/Proponent

4. Public Comments

5. Mayor Closes Public Hearing/Public Comments

6. Council Discussion

7. Council Motion and Brief Comment (1 minute each)

8. Council Vote
B. Paragraph 9 – Preparation of the Minutes
Council approved “action” minutes, which is recommended by Robert’s Rules of Order. Action minutes will reduce staff time and effort required to prepare detailed minutes, which are no longer needed given current Council meetings are recorded and available through AMP and YouTube. Paragraph 9 of the Rules was modified accordingly. Council directed staff to come back with guidelines and samples for action minutes. A sample is attached as EXHIBIT 2.

Guidelines can be developed as experience is gained in creating action minutes.

C. Paragraph 13 – Debate
To enhance equitable debate, and manage time more efficiently, Council approved a modification to the Rules to limit the initial comment period by Councilmembers to five (5) minutes. However, Council may have intended the five (5)-minute limit to apply to those Councilmembers participating in additional rounds of discussion. Proposed deletions are noted in strikeout font; proposed additions are in italicized, underlined text:

13. Rules of Debate.
g) Limitation of Debate. No Council Member shall be allowed to speak more than once upon any particular subject until every other Council Member desiring to do so shall have spoken. During each the initial round of discussion, each Council Member shall be allowed to speak for up to five (5) minutes. 2 19
D. New Rule – Ex Parte Disclosure
Rules regulating disclosure of ex parte communications to decision makers have arisen from concerns regarding fairness and due process rights. An ex parte communication is any material or substantive oral or written communication with a Council Member that is relevant to an adjudicatory or quasi-judicial proceeding (such as a public hearing) that takes place outside of a noticed proceeding open to all parties. The same concerns do not apply with purely legislative proceedings such as adopting an ordinance.

Generally, quasi-judicial proceedings are identified by whether a) the matter requires advance notice and hearing; b) the decision must be based upon specific findings of fact; and c) the decision applies law to specific facts to make a determination of a specific person’s rights or interests.

Ex parte communications include oral and written information, but can also include other input, such as information obtained during a site visit. Non-substantive communications that do not include factual information to influence a Council Member do not violate due process.

Case law makes clear that pre-hearing disclosure of ex parte communications protects the due process rights of the non-present parties to the matter. The disclosure should be complete and detailed. Ex parte communications between the Council’s closure of public hearing and decision should be prohibited, i.e., the decision is delayed to a future meeting for example.

Language could be added to the Rules as a stand-alone rule, following conflicts of interest, and in regards to public hearings.

Proposed additions are shown in italicized text:

21. Ex Parte Communications for Quasi-Judicial Matters. On quasi-judicial matters, Councilmembers shall verbally disclose off the record contacts relating to the item, after the item is called and before Council consideration of the matter. Disclosure shall include the identity of an individual(s) with whom the Council Member had contact, and the nature of the contact. Written ex parte communications must be forwarded to the City Clerk so they can be provided to the entire Council and to the public. 301. Public Hearings. The following rules shall apply to all public hearings, except when proceedings are held under general laws of the State of California that require different procedures
a) The Mayor shall state the subject matter of the hearing and declare the public hearing open. Before doing so, they may determine whether or not there are proponents or opponents who wish to make presentations, how many persons wish to be heard, or other matters which may affect the conduct of the proceedings. The Mayor may impose and announce reasonable time limits on presentations or oral arguments by the public.
b) The City Manager or appropriate staff member shall give a factual summary of the matter.
c) Council Members shall disclose any ex parte communications. . . .
3 20
CEQA:

Adoption of Resolution 2023- , which amends the City’s Rules and is not subject to California Environmental Quality Act (CEQA) as it is not a “project” pursuant to Section 15378 of the CEQA Guidelines.

FISCAL IMPACT:

None identified.

CONCLUSION:

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

Respectfully submitted,
Heidi A. Quinn
___________________________
Heidi Quinn
Interim City Attorney
City of Marina
4 21
RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA

AMENDING THE RULES AND PROCEDURES FOR THE CONDUCT OF

MEETINGS
WHEREAS, at the regular meeting of December 12, 1980, the City Council adopted Resolution No. 80-71 Establishing the Rules and Procedures for the Conduct of Meetings of the City Council (“Rules and Procedures”);
WHEREAS, the City Council previously amended the Rules and Procedures by adopting Resolution Nos. 85-1, 90-09, 91-17, 92-30, 94-15, 98-03, 99-01, 2001-106, 2009-41, 2011-32, 2011-33, 2011- 65, and 2019-107 (collectively, “Amendments”);
WHEREAS, at its meeting on November 15, 2022, the Council approved Resolution 2022-138 authorizing revisions to the Rules and Procedures;
WHEREAS, staff proposes further modifications to Rules and Procedures, as provided in Exhibit A attached hereto, specifically to Paragraph 7 regarding Council Correspondence, Paragra ph 8 regarding the Consideration and Sequence of Agenda Items, Paragraph 13 regarding Debate, and new Paragraph 21 regarding Ex Parte Disclosures; and
WHEREAS, amendment of the Rules and Procedures is not subject to California Environmental Quality Act (CEQA) as it is not a “project” pursuant to Section 15378 of the CEQA Guidelines.

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

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. Rules and Procedures. The Rules and Procedures shall be modified as set forth in Exhibit A, RULES AND PROCEDURES FOR THE CONDUCT OF THE MEETINGS OF THE MARINA CITY COUNCIL AND AMENDMENTS, attached hereto and incorporated by reference.

Section 3. Effective Date of Resolution. This Resolution shall take effect on immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting held this 20th day of June 2023, by the following vote:

AYES, COUNCIL MEMBERS:

NOES, COUNCIL MEMBERS:

ABSENT, COUNCIL MEMBERS:

ABSTAIN, COUNCIL MEMBERS:
___________________________
Bruce C. Delgado, Mayor
ATTEST:
_____________________
Anita Sharp, Deputy City Clerk
Exhibit 1
5 22
Adopted by Resolution No. 2023-
~ 1 ~

PROPOSED RULES AND PROCEDURES FOR

THE CONDUCT OF THE MEETINGS OF THE MARINA CITY COUNCIL

AND AMENDMENTS

1. Purpose. The purpose of these Rules is to establish the procedure for the presentation and determination of matters coming before the Marina City Council, to provide for the fair and efficient consideration of said matters, and to insure that the public is fully informed of the matters coming before the City Council and has an opportunity to witness the deliberations of the members thereof in the conduct of public business, and that proper public invo lvement in the deliberations of the council be encouraged.

2. Regular Meetings. The City Cou ncil shall hold regular meetings on the first and third Tuesday of each month convening at the hour of 5:00 p.m. if there is to be a closed session and convening in open session at the hour of 6:30 p.m. in the Council Chambers of City Hall, 211 Hillcrest Avenue in the City, or such other place within the City limits to which said meeting may be adjourned. If by reason of fire, flood or other emergency it shall be unsafe to meet in City Hall, the meetings may be held for the duration of the emergency at su ch other place and at such hour as is designated by the Mayor or, if he should fail to act, by three members of the City Council.

When the day for any regular meeting falls on a legal holiday, no meeting shall be held on such holiday, but a regular meeting shall be held at the same hour on the following business day.

3. Study Sessions . The City Council shall meet in a study session on the first and third Tuesdays of each month at the hour of 7:00 o’clock p.m. in the Council Chamber of the City Hall, or at su ch other place as may be determined by the Council, for the purpose of hearing reports from the staff and reviewing, discussing and debating matters of interest to the City. Such sessions shall be open to the public and press. No official action shall be taken at a study session; provided, however, that nothing herein shall be deemed to prevent the taking of an informal vote on any matter under discussion. The participation of the public in such sessions shall be subject to the discretion of the presiding officer.

4. Special Meetings. Special meetings may be called at any time by the mayor, or by three members of the City Council, by delivering personally or by mail written notice to each Council Member and to each local newspaper of general circulation, radio or television station requesting notice in writing. Such notice must be delivered personally or by mail at least twenty -four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the s pecial meeting and the business to be transacted. No other business shall be considered at such meetings. Such written notice may be dispensed with as to any Council Member who at or prior to the time the meeting convenes files with the City Clerk a written waiver of notice. Such waiver may be given by telegram. Such written notice may also be dispensed with as to any Council Member who is actually present at the meeting at the time it convenes.

5. Meetings to be Public - Exception for Executive Sessions. All regular and special meetings of the City Council shall be publ ic; provided, however, the City Council may hold executive sessions during a regular or special meeting, from which the public may be excluded, for the purpose of considering the matters referred to in §§54957-54957.6 of the Government Code of the State of California, as may be amended.

Exhibit A to Resolution
6 23
Adopted by Resolution No. 2023-
~ 2 ~

No member of the City Council, employee of the City, or any other person present during an executive session of the Council shall disclose to any person the content or substance of any discussion which took place during said executive session unless the City Council shall authorize the disclosure of such information by majority vote.

6. Agenda. All reports, communications, ordinances, resolutions, contract documents or other matters to be submitted to the Council at a regular meeting shall be delivered to the City Clerk not later than 12:00 o ’clock noon on the Wednesday preceding the meeting. The City Clerk shall prepare an agenda of all such matters according to the order of business (paragraph 8 herein below). The agenda shall be delivered or otherwise made available to the Council Members on the Friday preceding the Tuesday Council meeting to which it pertains, and shall be made available to the public no later than 10:00 o ’clock a.m. on the Monday preceding the meeting. All matters shall be considered by the Council in the order listed on the agenda, to the extent of time available; provided, however, that the order of the agenda may be changed at any time by the unanimous consent of all Council Members th en present at a mee ting. Agenda items not considered or completed for lack of time shall become agenda items at the following meeting in accordance with the foregoing policies. No matters other than those on the agenda shall be finally acted upon by the Council; provided, however, that a matter deemed to be an emergency by any Council Member, the City Manager or the City Attorney, or a matter which would become moot if not acted upon at the council meeting at which it is brought up, with an explanation of the emergency or o ther necessity for bringing it up state d in open council meeting, may be plac ed upon the agenda by a motion, seconded and carried, and then may be considered and acted upon by the Council.

7. Council Correspondence.

a) Availability to the Public. Correspondence addressed to the City Council which is received by the City Clerk or any other officer or employee of the City becomes a disclosable public record, unless subject to an exemptions under the California Public Records Act, as soon as it is received. Correspondence received in the City Clerk ’s office or other offices after 12:00 o’clock noon on the Wednesday preceding a regular meeting shall not be placed on the agenda unless it concerns a matter to be considered by the Council at the next r egular meeting or is determined by the Mayor or the City Manager to be an urgent matter which should be brought to the immediate attention of the Council. Correspondence shall not be read aloud at a Council meeting unless requested by a majority vote of the Council.

b) Authority of City Manager. The City Manager is authorize d to open and examine all mail or other written communications addressed to the City Council and to give it immediate attention to the end that all administrative business referred to in said communications and not necessarily requiring Council action may be acted upon between Council meetings.

c) Council members providing written comments or materials regarding agenda items must provide such materials to the City Clerk no later than 10:0 0 a.m. the day of the Council meeting.

Exhibit A to Resolution
7 24
Adopted by Resolution No. 2023-
~ 3 ~

8. Order of Business and Consideration and Sequence of Agenda Items.

a) The business of the Council shall be taken up for consideration and disposition in the following order:

1. Call to Order 5:00 p.m. (if there is to be a Closed Session)

2. Roll Call and Establishment of Quorum

3. Closed Session (if any)

4. Open Regular Session (6:30 p.m.) - Report Any Action taken in Closed Session

5. Moment of Silence & Pledge of Allegiance

6. Special Presentations

7. Council and Staff Announcements

8. Public Comment – up to a maximum of three (3) minutes

9. Consent Agenda

10. Public Hearings

11. Other Council Action Items

12. Council & Staff Informational Reports

13. Adjournment

b) The Mayor, at their discretion and subject to majority vote overruling them, may re-arrange agenda items, provided that any items `pulled’ from Item 9, `Consent Agenda’ shall be considered following the last item of Item 11, `Other Council Action Items’.

c) The following shall be the procedure for consideration and sequence of each Agenda Item, including Public Hearings:

1. Mayor Introduces the Agenda Item

2. City Manager/Executive Director (or designee/Council Member) Presents Staff Report

3. Applicant/proponent, when appropriate, up to 10 minutes (at Presiding Officer’s discretion)

4. Public Comments

5. Mayor Closes Public Hearing/Public Comments

6. Council Discussion

7. Council Motion and Brief Comment (1 minute each)

8. Council Vote

9. Preparation of Minutes. The City Clerk shall have exclusive responsibility for preparation of action minutes, and any directions for changes in the minutes shall be made only by majority action of the City Council.

10. Reading of Minutes. Unless the reading of the minutes of a Council meeting is ordered by a majority vote of the Council , such minutes may be approved w ithout reading if the City Clerk has previously furnished each Council Member with a copy.

Exhibit A to Resolution
8 25
Adopted by Resolution No. 2023-
~ 4 ~

11. Presiding Officer. The Mayor shall be the Presiding Officer at all meeti ngs of the City Council. In the absence of the Mayor, the Mayor Pro Tempore shall preside. In the absence of both the Mayor and Mayor Pro Tempore, the City Clerk shall call the Council to order, whereupon a temporary Presiding Officer shall be elected by the Council Members present to serve until the arrival of the Mayor or Mayor Pro Tempore or until adjournment. Wherever in these Rules the term Mayor is used, it shall apply equally to the Presiding Officer as defined in this section.

12. Powers and Duties of Presiding Officer.

a) Participation. The Presiding Officer may move, second, debate and vote from the Chair.
b) Question to be Stated. The Presiding Officer or such member of the City staff as they may designate shall verbally restate each question immediatel y prior to calling for the vote.

Following the vote the City Clerk shall announce whether the question carried or was defeated.

The Presiding Officer in their discretion may publicly explain the effect of a vote for the audience, or may direct a member of the City staff to do so, before proceeding to the next item of business.

c) Signing of Documents. The Presiding Officer shall sign all ordinances, resolutions, contracts, and other documents necessitating their signature which were adopted in their presence, unless they are unavailable, in which case the signature of an alternate Presiding Officer may be used.

d) Sworn Testimony. The Presiding Officer may require any person addressing the City Council to be sworn as a witness and to testify under oath, and the Presiding Officer shall so require if directed to do so by a majority vote of the Council.

13. Rules of Debate.

a) Getting the Floor. Every Council Member desiring to speak shall first address the Chair, gain recognition by the Presiding Officer, and shall confine themselves to the question under debate, avoiding personalities and indecorous language.

b) Questions to Staff. Every Council Member desiring to question the City staff shall, after recognition by the Presiding Officer, a ddress their questions to the City Manager, the City Attorney, or to such other department head or member of the City staff as may be appropriate.

c) Interruptions. A Council Member, once recognized, shall not be interrupted when speaking unless called to or der by the Presiding Officer, unless a point of order or personal privilege is raised by another Council Member, or unless the speaker chooses to yield to a question by another Council Member. If a Council Member while speaking is called to order, they shall cease speaking until the question of order is determined and, if determined to be in order, may then proceed. Members of the City staff, after recognition by the Presiding Officer, shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer.

d) Points of Order. The Presiding Officer shall determine all points of order subject to the right of any Council Member to appeal to the Council. The Presiding Officer may consult with Exhibit A to Resolution
9 26
Adopted by Resolution No. 2023-
~ 5 ~

the City Manager or the Ci ty Attorney in connection with deter mining a point of order, or may refer the question involved to either one for determination. If an appeal is taken, the question shall be, “Shall the decision of the Presiding Officer be sustained?” A majority vote shall conclusively determine such question of order.

e) Point of Personal Privilege. The right of a Council Member to address the Council on a question of personal privilege shall be limited to cases in which their integrity, character or motives are questioned or where th e welfare of the Coun cil is con cerned. A Council Member raising a point of personal privilege may interrupt another Council Member who has the floor only if the Presiding Officer recognizes the privilege.

f) Privilege of Closing Debate . The Council Member moving the adoption of an ordinance, resolution or motion shall have the privilege of closing debate.

g) Limitation of Debate . No Council Member shall be allowed to speak more than once upon any particular subject until every other Council Mem ber desiring to do so shall have spoken. During each round of discussion, each Council Member shall be allowed to speak for up to five (5) minutes.

14. Ordinances, Resolution and Motions --Precedents. When an ordinance, resolution or motion is properly brought before the Council and seconded by another Council Member, no other action shall be considered except a point of order, or a motion to adjourn to table, to table to a certain time, to close debate, to refer or to amend. Such items shall have precedence in the order stated in the preceding sentence. Points of order shall be ruled upon by the Presiding Officer, provided that such ruling may be overridden by a majority of the Council. All of such motions, except motions to amend, shall be put to a vote without debate and decided by a majority.

Any of the foregoing motions shall be in order at any time the speaker is duly recognized, except when repeated without intervening business or discussion, or if made when the motion to close debate has been adopted or while a vote is being taken.

a) Motion to Table. If a motion to table (without time certain) passes, consideration of the matter may be resumed only upon the motion of a member voting with the majority on the motion to table.

b) Motion to Close Debate. When a motion to close debate is duly made and seconded, there shall be no further debate. If the question carries, the Presiding Officer shall put pending amendment to a vote, without debate, in the inverse order of their introduction before put ting the main question. If the question is decided negatively, the main question and its amendments remain before the council

c) Reconsideration. Providing that no intervening rights will be prejudiced, any Council Member who voted with the majority on a question may move the reconsideration of that question at the same meeting in which the original decision was made or at the next following meeting. After a motion for reconsideration has been acted upon, no other similar motion shall be made without unanimous consent.

Exhibit A to Resolution
10 27
Adopted by Resolution No. 2023-
~ 6 ~

15. Voting. Three affirmative votes are required to enact an ordinance or to adopt a resolution or motion granting a franchise or authorizing the payment or expenditure of money or incurring of a debt. The majority of a quorum is required to adopt other resolutions or motions. A “majority” refers to a majority of the quorum present.

Every ordinance shall be adopted by a roll call vote. All other matters may be referred to a vote unless a roll call is requested by any Council Member. On all matters for which a voice vote is authorized, the Presiding Officer may ask for, “objections to the question?” If no objection is expressed, the Presiding Officer shall, “so order,” and the minutes shall record a unanimous vote in favor. If any Council Member objects to the procedure, a roll call vote shall be call in the normal manner.

After a vote has been announced , and except for comments purs uant to Rule 22, no Council member shall comment or continue to debate the vote.

16. Failure to Vote . Every Council Member should vote unles s disqualified by reason of a conflict of interest. A Council Member who abstains from voting in effect consents that a majority of the quorum may decide the question voted upon.

17. Silence Constitutes Affirmative Vote. Unless a member of the Council states that they are not voting, their silence shall be recorded as an affirmative vote.

18. Tie Vote. Tie votes shall be lost motions and may be reconsidered.

19. Changing Vote. A member may change their vote only if they make a timely request to do so immediately following the announcement of the vote by the City Clerk and prior to the time that the next item in the order of business is taken up. A Council Member who publicly announces that they are abstaining from voting on a particular matter shall not subsequently be all owed to withdraw their abstention.

20. Disqualification for Conflict of Interest . Any Council Member who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Presiding Officer state the nature of such disqualification in open meeting. Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Council Member affected, be decided by the other Council Members or the City Attorney. A Council Member who is disqualified by reason of a conflict in interest in any mat ter shall not remain in their seat during the debate and vote on such matter, but shall request and be given the permission of the Presiding Officer to step down from the Council table. The Council Member stating such disqualification shall not be counted as a part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter.

21. Ex Parte Communications for Quasi -Judicial Matters . On quasi -judicial matters, Councilmembers shall verbally disclose off the record contacts relating to the item, after the item is called and before Council consideration of the matter. Disclosure shall include the identity of an individual(s) with whom the Council Member had contact, and the nature of the contact. Written Exhibit A to Resolution
11 28
Adopted by Resolution No. 2023-
~ 7 ~

ex parte communications must be forwarded to the City Clerk so they can be provided to the entire Council and to the public.

22. Remarks of Council Member and Synopsis of Debate . A Council Member may request through the Presiding Officer the privilege of having an abstract of their statement on any subject under consideration by the Council entered in the minutes. If the Council consents thereto, such statement shall be entered in the minutes.

23. Protest a gainst Council Action . Any Council Member shall have the right to have the reasons for their dissent from, or protest against, any action of the Council entered in the minutes.

Such dissent or protest to be entered in the minutes shall be made in the following manner: “I would like the minutes to show that I am opposed to this action for the following reasons...”.

24. Rules of Order . Except as otherwise provided in these Rules, other rules adopted by the City Council or applicable provisions of State law, the procedures of the Council shall be governed, to the extent applicable, by the latest revised edition of Robert’s Rules of Order.

25. Failure to Observe Rules of Order. Rules adopted to expedite the transaction of the business of the Council in an orderly fashion are deemed to be procedural only and the failure to str ictly observe such rules shall not affect the jurisdiction of the Council or invalidate any action taken at a meeting that is otherwise held in conformity with law.

26. Ordinances, Resolutions and Contracts.

a) All ordinances Shall be P repared by the City Attor ney. No ordinance shall be prepared for presentation to the Council unless ordered by a majority vote of the Council, or requested by the Mayor, or City Manager, or prepared by the City Attorney on their own initiative.

b) Prior Approval by Administrative St aff. All ordinances, resolutions and contract documents shall, before presentation to th e Council, have been approved as to form and legality by the City Attorney and shall have been examined and approved for administra tion by the City Manager or their authorized representative.

27. Reading of Ordinances and Resolutions . At the time of adoption of an ordinance or a resolution, it shall be read in full unless, after the reading of the title thereof, the further reading thereof is waived by unanimous consent of the Council Members present. Such consent may be expressed by a statement by the Presiding Officer that “if there is no objection, the further reading of the ordinance or resolution shall be waived.” If any Council Member so requests, the ordinance or resolution shall be read in full.

28. Addressing the Council.

a) Manner of Addressing Council. Each person desiring to address the Council shall, unless time is limited or otherwise specifically provided for in these rules or is granted by majority vote of the Council, limit their remarks to three (3) minutes, which may be limited at the discretion Exhibit A to Resolution
12 29
Adopted by Resolution No. 2023-
~ 8 ~

of the Mayor depending on time available and the number of speakers . All remarks shall be addressed to the Council as a whole and not to any member thereof.

b) Spokesman for Group of Persons . In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the Council on the same subject matter, it shall be proper for the Presiding Officer to request that a spokesperson be chosen by the group to address the Council and, in case additional information or matters are to be presented by any other member of said group, to limit the number of such persons addressing the Council.

c) After Motion. After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing permission to do so by the City Council.

29. Rules of Decorum.

a) Council Members. While the Council is in session, the Members must preserve order and decorum, and a Member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council nor disturb any Member while speaking or refuse to obey the orders of the Presiding Officer.

b) Employees. Members of the City staff and employees shall observe the same rules of order and decorum as are applicable to the City Council.

c) Persons Addressing the Council . Any person making impe rtinent, slanderous or profane remarks, or who becomes boisterous while addressing the Council, shall be called to order by the Presiding Officer and, if such conduct continues, may at the discretion of the Presiding Officer be barred from further audience before the Council during that meeting, unless permission to continue be granted by a majority of the Council.

d) Members of the Audience. Any person in the audience who engages in disorderly conduct such as hand clapping, stamping of feet, whistling, using profane language, yelling, and similar demonstrations, which conduct disturbs the peace and good order of the meeting, or who refuses to comply with the lawful orders of th e Presiding Officer, shall be guilty of an infraction, and upon instructions from the Presi ding Officer, it shall be the duty of th e Sergeant at Arms to remove any such person from the Council Chamber and to place him under arrest or otherwise cause him to be prosecute under the law.

30. Enforcement of Decorum. The Director of Public Safety or such member or members of the Public Safety Department as they may designate, shall be Sergeant at Arms of the City Council and shall carry out all orders given by the Presiding Officer for the purpose of maintaining order and decorum at the Council meetings. Any Council Member may move to require the Presiding Officer to enforce the rules, and the affirmative vote of a majority of the Council shall require him to do so.

Exhibit A to Resolution
13 30
Adopted by Resolution No. 2023-
~ 9 ~

31. Public Hearings . The foll owing rules shall apply to all public hearings, except when proceedings are held under general laws of the State of California which req uire different procedures

a) The Mayor shall state the subject matter of the hearing and declare the public hearing open. Before doing so, they may determine whether or not there are pr oponents or opponents who wish to make presentations, how many persons wish to be heard or other matter s which may affect the conduct of the proceedings. The Mayor may impose and announce reasonable time limits on presentations or oral arguments by the public.

b) The City Manager or appropriate staff member shall give a factual summary of the matter.

c) Council Members shall disclose any ex parte communications.

d) The proponents shall be h eard. (Written correspondence shall be summarized by the Clerk.)

e) The opponents shall be heard. (Written correspondence shall be summarized by the Clerk.

f) Each side shall be given a reasonable time for rebuttal. Additional speakers must limit their remarks to providing new information that was not already covered by other speakers.

g) Prior to the close of the public hearing, the Mayor shall give those persons wishing to place their names on the record as being for or against, without presenting an oral argument, an opportunity to do so.

h) The public hearing shall be declared closed.

i) The Council shall discuss and determine the matter.

j) After the public hearing is closed, the public shall not be recognized to speak except to answer any question not covered in the public hearing, and provided that whenever any such answer is given, the opposing side shall be given an opportunity to present fact s in rebuttal of the answer given.

32. Policy on Public Input. It is the declared policy of the City Council that any member of the public wishing to be heard on a matter under consideration by the City Council shall be given a reasonable opportunity to do so. Prior to the vote on any issue, the Mayor shall determine whether or not anyone present wishes to be heard. The Mayor may establish reasonable time limits for oral presentations and shall limit the presentation to the matter before the City Council at that time.

33. Absences from Council Meetings. Pursuant to Government Code §36513, if a City Council Member is absent without permission from all regular Council meetings for 60 days consecutively from the last regular meeting he attended, their office becomes vacant an d shall be filled by the Exhibit A to Resolution
14 31
Adopted by Resolution No. 2023-
~ 10 ~

Council as any other vacancy. In addition, should any Council Member be absent from two (2) consecutive regular Council meetings, or from three (3) regular Council meetings in any six-month period, without permission from (i.e., not excuse d for good cause) the Council, the Council may determine that the best interests of the City would be served by said Council Member’s resignation, and may request such resignation in a letter authorized by vote of the Council.

34. Automatic Adjournment. Unless otherwise adjourned, all meetings of the City Council shall automatically be adjourned at 10:00 o’clock p.m., except that a majority may by one or more motions act to extend the automatic adjournment to not later than a specified time, or for completion of a particular item or items, as specified in the motion to extend the time of adjournment.

35. Amendment of Rules. These rules may be amended by an affirmative vote of a majority of a quorum; provided, however, that except as to rules relating to adjournment, where a provision of these rules requires action by a specific affirmative vote which is greater than a maj ority of a quorum, then amendment to that rule requires the same vote required for the rule proposed to be amended.

Exhibit A to Resolution
15 32
Exhibit 2 - Proposed Guidelines for Action Minutes
Action minutes record what is done, not what is said. Detailed minutes of discussion can be subjective and aren’t necessary given meetings are recorded.

Public hearings, Council study sessions and committee meeting minutes may include more detail.

What to Include:
▪ Each main motion and its disposition (passed, failed, referred, postponed, etc.). ▪ Include all points of order, appeals, and the result. If a motion does not receive a second, it need not be noted.
▪ Reasons for the decision can be included in the “whereas” clauses of Resolutions and Ordinances rather than stated on the record.
▪ Amendments to a motion must be tracked but each amendment does not need to be included; rather the final text of the motion can provide, “After discussion and amendment, the following motion was approved . . .”
▪ The final vote must be recorded and indicate how each Council Member voted.

What Doesn’t Need to be Included:
▪ Minor procedural motions such as approving the agenda or calling the question ▪ Withdrawn motions
▪ Written summaries of oral reports.
▪ Detailed public comment. It is sufficient to say that “public comment was provided.” Notes:

A person does not have to have been present at a meeting in participate in approval of the minutes
Minutes should not be approved at a special meeting but held until the next regular meeting.

Approved minutes may be changed at any time using the motion “to amend something previously adopted.” The changes are noted on the minutes being changed, and signed. 16 33
November 9, 2022 Item No. 11b
Honorable Mayor and Members City Council Meeting
of the Marina City Council of November 15, 2022
CITY COUNCIL CONSIDER ADOPTING RESOLUTION 2022-, WHICH
REPEALS AND REPLACES RESOLUTION NO. 80-71, AS AMENDED,

REGARDING BEST PRACTICES FOR PUBLIC ENGAGEMENT AND

MEETING EFFICIENCY
REQUEST:

It is requested the City Council consider:

1. Adopting Resolution No. 2022-, which appeals and replaces Resolution No. 80-71, as amended, Establishing the Rules and Procedures for the Conduct of Meetings (Exhibit 1); and

2. Approving an Agenda format in substantially the same form as Exhibit 2.

BACKGROUND:

On December 12, 1980, the City Council adopted Resolution No. 80-71, “Establishing the Rules and Procedures for the Conduct of Meetings of the City Council” (“Rules and Procedures”). The Rules and Procedures have been amended over the years,1 and govern Council conduct, and include provisions for setting meetings, order of the agendas, Council debate, and conflicts of interest. Council recently directed staff to bring forward proposals regarding the Rules and Procedures to increase public engagement and improve meeting efficiency.

At its meeting on November 1, 2022, Council approved revisions to the Rules and Procedures and the meeting agenda template, as detailed below, and directed staff to prepare an integrated resolution and agenda template. A link to the November 1, 2022 staff report can be found at:
https://www.cityofmarina.org/AgendaCenter/ViewFile/Agenda/_11012022-374.

DISCUSSION:

Changes to the Rules and Procedures
A. Paragraph 8 - Order of Business and Consideration and Sequence of Agenda Items Council approved changes to the Rules and Procedures, Paragraph 8 a) pertaining to the order of business. “Council and Staff Announcements” have been separated from “Public Comment.” Changes were also made to adjust the numbering, and update the provisions with gender-neutral language (8 b)).

Council also approved changes to 8 c) regarding the sequence of an agenda item. Once the agenda item is presented by staff and the applicant/proponent, if any, the matter should be referred to the public for comment. The only questions posed by Council at this time should be “technical questions” that are imperative to understanding of the presentation and matter before Council, e.g., “Is the contract for two or three years?” or “Is the not-to-exceed amount of $50,000 correct?” All other questions (and discussion) by Council should be deferred until after the public has had the opportunity to provide input.
1 See Resolutions 85-1, 90-09, 91-17, 92-30, 94-15, 98-03, 99-01, 2001-106, 2009-41, 2011-32, 2011-33, 2011-65, and 2019-107 (collectively, “Amendments”).
1 EXHIBIT C
34 Once public comment is closed, Council will have “2 bites of the apple” during the “Council Discussion” and “Council Motion and Brief Comment” periods. Council approved a five-minute limitation during the initial round of discussion, which is addressed in Rule 13g). Council also approved a one-minute limitation on a Councilmember’s comment after a motion is made, which is addressed in the Agenda. Modifications are set forth in italicized font; deletions are noted in strikeout font:

8. Order of Business and Consideration and Sequence of Agenda Items.

a) The business of the City Council shall be taken up for consideration and disposition in the following order:

1. Call to Order 5:00p.m. (if there is to be a Closed Session)

2. Roll Call and Establishment of Quorum

3. Closed Session (if any)

4. Open Regular Session (6:30 p.m.) - Report Any Action taken in Closed Session

5. Moment of Silence & Pledge of Allegiance

6. Special Presentations - no action; no public comment

7. Special Council and Staff Announcements and Communications from the Floor

8. Public Comment – Up to a maximum of three (3) minutes per person

9. Consent Agenda

10. Public Hearings

11. Other Council Action Items

12. Council & Staff Informational Reports – no action taken, no public comment

13. Adjournment

b) The Mayor, at their his/her discretion and subject to majority vote overruling them him/her, may re-arrange agenda items, provided that any items ‘pulled’ from Item 98, ‘Consent Agenda’ shall be considered following the last item of ltem 1110, “Other Council Action Items.”

c) The following shall be the procedure for consideration and sequence of each Agenda Item, including Public Hearings:

1. Mayor Introduces the Agenda Item

2. City Manager/Executive Director (or designee/Council Member) Presents Staff Report

3. Applicant/proponent, when appropriate, up to ten (10) minutes (at Presiding Officer’s discretion)

4. City Council Clarifying Technical Questions of Staff and Applicant/Proponent

5. Brief Council Comments and Motion Public Comments – up to a maximum of four three (43) minutes per person

6. Mayor Closes Public Hearing/Public Comments

7. Council Discussion

8. Council Motion and Brief Comment (1 minute each)

9. Council Vote

2 35

B. Paragraph 9 - Preparation of the Minutes:

Council approved “action” minutes, which is the guideline of Robert’s Rules of Order.

This will reduce staff time and effort required to prepare detailed minutes, which are no longer needed given current Council meetings are recorded and available through AMP and YouTube.

The proposed modification to the Rules is set forth below (additions shown in italicized font; deletions in strikeout font):

9. Preparation of Minutes. The City Clerk shall have exclusive responsibility for preparation of the action minutes, and any directions for changes in the minutes shall be made only by majority action of the City Council.

Council directed staff to come back with guidelines and samples for action minutes.

C. Paragraphs 13 and 15 - Debate:

To enhance equitable debate, and manage time more efficiently, Council approved a modification to limit the initial comment period by Councilmembers to five (5) minutes. Additions are shown in italicized font:

13. Rules of Debate.

g) Limitation of Debate. No Council Member shall be allowed to speak more than once upon any particular subject until every other Council Member desiring to do so shall have spoken. During the initial round of discussion, each Council Member shall be allowed to speak for up to five (5) minutes.

Council also recommended that after a vote and majority approval on an agenda item, there shall not be continued comment or debate by Council.

15. Voting. Three affirmative votes are required to enact an ordinance or to adopt a resolution or motion granting a franchise or authorizing the payment or expenditure of money or incurring of a debt. The majority of a quorum is required to adopt other resolutions or motions. A “majority” refers to a majority of the quorum present.

Every ordinance shall be adopted by a roll call vote. All other matters may be referred to a vote unless a roll call is requested by any Council Member. On all matters for which a voice vote is authorized, the Presiding Officer may ask for, “objections to the question?” If no objection is expressed, the Presiding Officer shall, “so order,” and the minutes shall record a unanimous vote in favor. If any Council Member objects to the procedure, a roll call vote shall be call in the normal manner.

After a vote has been announced, and except for comments pursuant to Rule 22, no Council member shall comment or continue to debate the vote.

D. Paragraph 27 - Manner of Addressing Council

Paragraph 27 sets forth the allotted time for public comments. Council approved modifications to eliminate the requirement that members of the public provide their names as prerequisite to speaking, and limit public comment to up to three (3) minutes, at the discretion of the Mayor.

Proposed additions are shown in italicized font; deletions are in strikeout font:
3 36

27. Addressing the Council

a) Manner of Addressing Council. Each person desiring to address the Council shall step up to the speaker’s rostrum, state his name and address for the record, state the subject he wishes to discuss, state whom he is representing if he represents an organization or other persons, and, unless further time is otherwise specifically provided for in these rules or is granted by majority vote of the Council, shall limit his remarks may comment for up to four three (43) minutes, which may be limited at the discretion of the Mayor depending on time available and the number of speakers. All remarks shall be addressed to the Council as a whole and not to any member thereof. No question shall be asked a Council Member or a member of the City staff without the permission of the Presiding Officer.

Further, as Council re-ordered consideration of agenda items to entertain public comment prior to Council discussion and a motion, the following subsection has also been modified (additions shown in italicized text):

c) After Motion or Close of Public Hearing. After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing permission to do so by the City Council.

The Rules and Procedures contain additional non-substantive revisions regarding incorporation of gender neutral language and correction of typographical errors.

Changes to the Agenda

A. Public Comment

Council approved proposed amendments to the current Agenda template in terms of public comments. While public comment is an essential part of local government meetings, the purpose of public comment is to inform the Council of the public’s views, and not to enter into debate or dialogue with Council, or to have general public comment take precedence over items scheduled for action on the agenda. Council approved the following modifications to the Agenda template as shown in Exhibit 2:

▪ Language added to encourage written communications from the public.

▪ Limitation of general public comment at the meeting’s outset to thirty (30) minutes. The Mayor can assess the number of speakers and may continue additional public comment to the end of the meeting.

▪ Limitation of public comment to up to three (3) minutes, at the Mayor’s discretion.

▪ Public comment on the Consent Agenda will be heard under general public comment. In this way, the Consent Agenda may be called, and if no items are pulled by Council, adopted in one motion without additional public comment. Because of the 30-minute limitation, however, members of the public wishing to comment on the Consent Agenda must be given priority during general public comment as their input must be heard prior to Council action on the Consent Agenda items.
▪ The Agenda has been clarified to specify that only Council has discretion to pull a Consent agenda item for discussion.
4 37

B. Other Changes

▪ Added Land Acknowledgement (from Proclamation).

▪ Added notation that Council Member comments after a motion shall be limited to one (1) minute.

▪ Public hearing section clarified to specify a ten (10) minute speaking period for applicants/proponents, if any, and a three (3) minute public comment period.

▪ Clarification of Council Informational Reports to specify reports of attendance at meetings and conferences at City expense, as required by the Brown Act.

FUTURE ITEMS:

Council directed staff to return with a policy for agenda-setting, guidance and samples for Action Minutes, and additional efficiencies for utilization of the Consent Agenda.

CEQA:

Adoption of Resolution 2022- , which repeals and replaces Resolution 80-71 and its Amendments, is not subject to California Environmental Quality Act (CEQA) as it is not a “project” pursuant to Section 15378 of the CEQA Guidelines.

FISCAL IMPACT:

None identified.

CONCLUSION:

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

Respectfully submitted,

Heidi A. Quinn
___________________________
Heidi Quinn
Interim City Attorney
City of Marina

5 38

RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA REPEALING AND REPLACING RESOLUTION 80-71, AS AMENDED, REGARDING BEST PRACTICES FOR PUBLIC ENGAGEMENT AND MEETING EFFICIENCY.

WHEREAS, at the regular meeting of December 12, 1980, the City Council adopted Resolution No. 80-71 Establishing the Rules and Procedures for the Conduct of Meetings of the City Council (“Rules and Procedures”); and

WHEREAS, the City Council previously amended the Rules and Procedures by adopting Resolution Nos. 85-1, 90- 09, 91-17, 92-30, 94-15, 98-03, 99-01, 2001-106, 2009-41, 2011-32, 2011-33, 2011-65, and 2019-107 (collectively, “Amendments”); and

WHEREAS, after discussion, the City Council directed staff to place on a future agenda a resolution to make proposed changes to the Rules and Procedures regarding public engagement and meeting efficiency; and

WHEREAS, staff proposes modifications to Rules and Procedures Paragraph 8 regarding Order of Business and Consideration and Sequence of Agenda Items, Paragraph 9 regarding Preparation of Minutes, Paragraph 13 and 15 regarding Debate, and Paragraph 27 regarding Manner of Addressing Council; and amendment of the Agenda format; and

WHEREAS, the prior resolution of this Council relating to Council meeting procedures, being Resolution No. 80-71, and its Amendments, are hereby repealed and replaced; and

WHEREAS, amendment of Resolution 80-71 and its Amendments, are not subject to California Environmental Quality Act (CEQA) as it is not a “project” pursuant to Section 15378 of the CEQA Guidelines.

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

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. Rules and Procedures. The Rules and Procedures shall be modified as set forth in Exhibit 1, RULES

AND PROCEDURES FOR THE CONDUCT OF THE MEETINGS OF THE MARINA CITY COUNCIL AND AMENDMENTS, attached hereto and incorporated by reference.

Section 3. Agenda Template. The Agenda format shall be in substantially the same form as Exhibit 2 attached hereto and incorporated by reference.

Section 4. Effective Date of Resolution. This Resolution shall take effect on immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting held this 15th day of November 2022, 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
6 39
Exhibit 1 to Resolution 2022-
30919\001\1677134.1:11922 ~ 1 ~

RULES AND PROCEDURES FOR

THE CONDUCT OF THE MEETINGS OF THE MARINA CITY COUNCIL

AND AMENDMENTS

1. Purpose. The purpose of this resolutionthese Rules is to establish the procedure for the presentation and determination of matters coming before the Marina City Council, to provide for the fair and efficient consideration of said matters, and to insure that the public is fully informed of the matters coming before the City Council and has an opportunity to witness the deliberations of the members thereof in the conduct of public business, and that proper public involvement in the deliberations of the council be encouraged.

2. Regular Meetings. The City Council shall hold regular meetings on the first and third Tuesday of each month convening at the hour of 5:00 p.m. if there is to be a closed session and convening in open session at the hour of 6:30 p.m. in the Council Chambers of City Hall, 211 Hillcrest Avenue in the City, or such other place within the City limits to which said meeting may be adjourned. If by reason of fire, flood or other emergency it shall be unsafe to meet in City Hall, the meetings may be held for the duration of the emergency at such other place and at such hour as is designated by the Mayor or, if he should fail to act, by three members of the City Council. When the day for any regular meeting falls on a legal holiday, no meeting shall be held on such holiday, but a regular meeting shall be held at the same hour on the following business day.

3. Study Sessions. The City Council shall meet in a study session on the first and third Tuesdays of each month at the hour of 7:00 o’clock p.m. in the Council Chamber of the City Hall, or at such other place as may be determined by the Council, for the purpose of hearing reports from the staff and reviewing, discussing and debating matters of interest to the City. Such sessions shall be open to the public and press. No official action shall be taken at a study session; provided, however, that nothing herein shall be deemed to prevent the taking of an informal vote on any matter under discussion. The participation of the public in such sessions shall be subject to the discretion of the presiding officer.

4. Special Meetings. Special meetings may be called at any time by the mayor, or by three members of the City Council, by delivering personally or by mail written notice to each Council Member and to each local newspaper of general circulation, radio or television station requesting notice in writing. Such notice must be delivered personally or by mail at least twenty-four hours before the time of such meeting as specified in the notice. The call and notice shall specify the time and place of the special meeting and the business to be transacted. No other business shall be considered at such meetings. Such written notice may be dispensed with as to any Council Member who at or prior to the time the meeting convenes files with the City Clerk a written waiver of notice. Such waiver may be given by telegram. Such written notice may also be dispensed with as to any Council Member who is actually present at the meeting at the time it convenes.

5. Meetings to be Public - Exception for Executive Sessions. All regular and special meetings of the City Council shall be public; provided, however, the City Council may hold executive sessions during a regular or special meeting, from which the public may be excluded, 7 40
Exhibit 1 to Resolution 2022-
30919\001\1677134.1:11922 ~ 2 ~

for the purpose of considering the matters referred to in §§54957-54957.6 of the Government Code of the State of California, as may be amended.

No member of the City Council, employee of the City, or any other person present during an executive session of the Council shall disclose to any person the content or substance of any discussion which took place during said executive session unless the City Council shall authorize the disclosure of such information by majority vote.

6. Agenda. All reports, communications, ordinances, resolutions, contract documents or other matters to be submitted to the Council at a regular meeting shall be delivered to the City Clerk not later than 12:00 o’clock noon on the Wednesday preceding the meeting. The City Clerk shall prepare an agenda of all such matters according to the order of business (paragraph 8 hereinbelowherein below). The agenda shall be delivered or otherwise made available to the Council Members on the Friday preceding the Tuesday Council meeting to which it pertains, and shall be made available to the public no later than 10:00 o’clock a.m. on the Monday preceding the meeting. All matters shall be considered by the Council in the order listed on the agenda, to the extent of time available; provided, however, that the order of the agenda may be changed at any time by the unanimous consent of all Council Members then present at a meeting. Agenda items not considered or completed for lack of time shall become agenda items at the following meeting in accordance with the foregoing policies. No matters other than those on the agenda shall be finally acted upon by the Council; provided, however, that a matter deemed to be an emergency by any Council Member, the City Manager or the City Attorney, or a matter which would become moot if not acted upon at the council meeting at which it is brought up, with an explanation of the emergency or other necessity for bringing it up stated in open council meeting, may be placed upon the agenda by a motion, seconded and carried, and then may be considered and acted upon by the Council.

7. Council Correspondence.

a) Availability to the Public. Correspondence addressed to the City Council which is received by the City Clerk or any other officer or employee of the City becomes a disclosable public record, unless subject to an exemptions under the California Public Records Act, as soon as it is received. Correspondence received in the City Clerk’s office or other offices after 12:00 o’clock noon on the Wednesday preceding a regular meeting shall not be placed on the agenda unless it concerns a matter to be considered by the Council at the next regular meeting or is determined by the Mayor or the City Manager to be an urgent matter which should be brought to the immediate attention of the Council. Correspondence shall not be read aloud at a Council meeting unless requested by a majority vote of the Council.

b) Authority of City Manager. The City Manager is authorized to open and examine all mail or other written communications addressed to the City Council and to give it immediate attention to the end that all administrative business referred to in said communications and not necessarily requiring Council action may be acted upon between Council meetings.

8. Order of Business and Consideration and Sequence of Agenda Items.

8 41
Exhibit 1 to Resolution 2022-
30919\001\1677134.1:11922 ~ 3 ~

a) The business of the Council shall be taken up for consideration and disposition in the following order (Resolution Nos. 94-15, 99-01, 2011-65 and 2019-107):

1. Call to Order 5:00 p.m. (if there is to be a Closed Session)

2. Roll Call and Establishment of Quorum

3. Closed Session (if any)

4. Open Regular Session (6:30 p.m.) - Report Any Action taken in Closed Session

5. Moment of Silence & Pledge of Allegiance

6. Special Presentations

7. Special Council and Staff Announcements

7.8.and Communications from the Floor -4 Minutes Each Person pursuant to Paragraph 27 a)Public Comment – up to a maximum of three (3) minutes

8.9.Consent Agenda

9.10. Public Hearings

10.11. Other Council Action Items

11.12. Council & Staff Informational Reports

12.13. Adjournment

b) The Mayor, at his/hertheir discretion and subject to majority vote overruling him/herthem, may re-arrange agenda items, provided that any items `pulled’ from Item 89, `Consent Agenda’ shall be considered following the last item of Item 1011, `Other Council Action Items’.

c) The following shall be the procedure for consideration and sequence of each Agenda Item, including Public Hearings:

1. Mayor Introduces the Agenda Item

2. City Manager/Executive Director (or designee/Council Member) Presents Staff Report

3. Applicant/proponent, when appropriate, up to 10 minutes (at Presiding Officer’s discretion)

4. City Council Clarifying Questions of Staff and Applicant/Proponent*

5. Brief Council Comments and Motion

6.5.Public Comments —4 Minutes Each Person pursuant to Paragraph 27 a)

7.6.Mayor Closes Public Hearing/Public Comments

7. Council Discussion

8. Council Motion and Brief Comment (1 minute each)

8. 9. Council Vote

9. Preparation of Minutes. The City Clerk shall have exclusive responsibility for preparation of the action minutes, and any directions for changes in the minutes shall be made only by majority action of the City Council.

9 42
Exhibit 1 to Resolution 2022-
30919\001\1677134.1:11922 ~ 4 ~

10. Reading of Minutes. Unless the reading of the minutes of a Council meeting is ordered by a majority vote of the Council, such minutes may be approved without reading if the City Clerk has previously furnished each Council Member with a copy.

11. Presiding Officer. The Mayor shall be the Presiding Officer at all meetings of the City Council. In the absence of the Mayor, the Mayor Pro Tempore shall preside. In the absence of both the Mayor and Mayor Pro Tempore, the City Clerk shall call the Council to order, whereupon a temporary Presiding Officer shall be elected by the Council Members present to serve until the arrival of the Mayor or Mayor Pro Tempore or until adjournment. Wherever in this resolutionthese Rules the term Mayor is used, it shall apply equally to the Presiding Officer as defined in this section.

12. Powers and Duties of Presiding Officer.

a) Participation. The Presiding Officer may move, second, debate and vote from the Chair.
b) Question to be Stated. The Presiding Officer or such member of the City staff as he they may designate shall verbally restate each question immediately prior to calling for the vote. Following the vote the City Clerk shall announce whether the question carried or was defeated. The Presiding Officer in his their discretion may publicly explain the effect of a vote for the audience, or he may direct a member of the City staff to do so, before proceeding to the next item of business.

c) Signing of Documents. The Presiding Officer shall sign all ordinances, resolutions, contracts, and other documents necessitating his their signature which were adopted in his their presence, unless he isthey are unavailable, in which case the signature of an alternate Presiding Officer may be used.

d) Sworn Testimony. The Presiding Officer may require any person addressing the City Council to be sworn as a witness and to testify under oath, and the Presiding Officer shall so require if directed to do so by a majority vote of the Council.

13. Rules of Debate.

a) Getting the Floor. Every Council Member desiring to speak shall first address the Chair, gain recognition by the Presiding Officer, and shall confine himself themselves to the question under debate, avoiding personalities and indecorous language.

b) Questions to Staff. Every Council Member desiring to question the City staff shall, after recognition by the Presiding Officer, address his their questions to the City Manager, the City Attorney, or to such other department head or member of the City staff as may be appropriate.

c) Interruptions. A Council Member, once recognized, shall not be interrupted when speaking unless called to order by the Presiding Officer, unless a point of order or personal privilege is raised by another Council Member, or unless the speaker chooses to yield to a 10 43
Exhibit 1 to Resolution 2022-
30919\001\1677134.1:11922 ~ 5 ~

question by another Council Member. If a Council Member while speaking is called to order, he they shall cease speaking until the question of order is determined and, if determined to be in order, may then proceed. Members of the City staff, after recognition by the Presiding Officer, shall hold the floor until completion of their remarks or until recognition is withdrawn by the Presiding Officer.

d) Points of Order. The Presiding Officer shall determine all points of order subject to the right of any Councilman Council Member to appeal to the Council. The Presiding Officer may consult with the City Manager or the City Attorney in connection with determining a point of order, or may refer the question involved to either one for determination. If an appeal is taken, the question shall be, “Shall the decision of the Presiding Officer be sustained?” A majority vote shall conclusively determine such question of order.

e) Point of Personal Privilege. The right of a Council Member to address the Council on a question of personal privilege shall be limited to cases in which his their integrity, character or motives are questioned or where the welfare of the Council is concerned. A Council Member raising a point of personal privilege may interrupt another Council Member who has the floor only if the Presiding Officer recognizes the privilege.

f) Privilege of Closing Debate. The Council Member moving the adoption of an ordinance, resolution or motion shall have the privilege of closing debate.

g) Limitation of Debate. No Council Member shall be allowed to speak more than once upon any particular subject until every other Council Member desiring to do so shall have spoken. During the initial round of discussion, each Council Member shall be allowed to speak for up to five (5) minutes.

14. Ordinances, Resolution and Motions--Precedents. When an ordinance, resolution or motion is properly brought before the Council and seconded by another Council Member, no other action shall be considered except a point of order, or a motion to adjourn to table, to table to a certain time, to close debate, to refer or to amend. Such items shall have precedence in the order stated in the preceding sentence. Points of order shall be ruled upon by the Presiding Officer, provided that such ruling may be overridden by a majority of the Council. All of such motions, except motions to amend, shall be put to a vote without debate and decided by a majority.

Any of the foregoing motions shall be in order at any time the speaker is duly recognized, except when repeated without intervening business or discussion, or if made when the motion to close debate has been adopted or while a vote is being taken.

a) Motion to Table. If a motion to table (without time certain) passes, consideration of the matter may be resumed only upon the motion of a member voting with the majority on the motion to table.

b) Motion to Close Debate. When a motion to close debate is duly made and seconded, there shall be no further debate. If the question carries, the Presiding Officer shall put 11 44
Exhibit 1 to Resolution 2022-
30919\001\1677134.1:11922 ~ 6 ~

pending amendment to a vote, without debate, in the inverse order of their introduction before putting the main question. If the question is decided negatively, the main question and its amendments remain before the council

c) Reconsideration. Providing that no intervening rights will be prejudiced, any Council Member who voted with the majority on a question may move the reconsideration of that question at the same meeting in which the original decision was made or at the next following meeting. After a motion for reconsideration has been acted upon, no other similar motion shall be made without unanimous consent.

15. Voting. Three affirmative votes are required to enact an ordinance or to adopt a resolution or motion granting a franchise or authorizing the payment or expenditure of money or incurring of a debt. The majority of a quorum is required to adopt other resolutions or motions.

A “majority” refers to a majority of the quorum present.

Every ordinance shall be adopted by a roll call vote. All other matters may be referred to a vote unless a roll call is requested by any Council Member. On all matters for which a voice vote is authorized, the Presiding Officer may ask for, “objections to the question?”. If no objection is expressed, the Presiding Officer shall, “so order,” and the minutes shall record a unanimous vote in favor. If any Council Member objects to the procedure, a roll call vote shall be call in the normal manner.

After a vote has been announced, and except for comments pursuant to Rule 22, no Council member shall comment or continue to debate the vote.

16. Failure to Vote. Every Council Member should vote unless disqualified by reason of a conflict of interest. A Council Member who abstains from voting in effect consents that a majority of the quorum may decide the question voted upon.

17. Silence Constitutes Affirmative Vote. Unless a member of the Council states that he they is are not voting, his their silence shall be recorded as an affirmative vote.

18. Tie Vote. Tie votes shall be lost motions and may be reconsidered.

19. Changing Vote. A member may change his their vote only if he they makes a timely request to do so immediately following the announcement of the vote by the City Clerk and prior to the time that the next item in the order of business is taken up. A Council Member who publicly announces that he they are is abstaining from voting on a particular matter shall not subsequently be allowed to withdraw his their abstention.

20. Disqualification for Conflict of Interest. Any Council Member who is disqualified from voting on a particular matter by reason of a conflict of interest shall publicly state or have the Presiding Officer state the nature of such disqualification in open meeting. Where no clearly disqualifying conflict of interest appears, the matter of disqualification may, at the request of the Council Member affected, be decided by the other Council Members or the City Attorney. A Council Member who is disqualified by reason of a conflict in interest in any matter shall not 12 45
Exhibit 1 to Resolution 2022-
30919\001\1677134.1:11922 ~ 7 ~

remain in his their seat during the debate and vote on such matter, but shall request and be given the permission of the Presiding Officer to step down from the Council table. The Council Member stating such disqualification shall not be counted as a part of a quorum and shall be considered absent for the purpose of determining the outcome of any vote on such matter.

21. Remarks of Council Member and Synopsis of Debate. A Council Member may request through the Presiding Officer the privilege of having an abstract of his their statement on any subject under consideration by the Council entered in the minutes. If the Council consents thereto, such statement shall be entered in the minutes.

22. Protest against Council Action. Any Council Member shall have the right to have the reasons for his their dissent from, or protest against, any action of the Council entered in the minutes. Such dissent or protest to be entered in the minutes shall be made in the following manner: “I would like the minutes to show that I am opposed to this action for the following reasons...”.

23. Rules of Order. Except as otherwise provided in this resolutionthese Rules, other rules adopted by the City Council or applicable provisions of State law, the procedures of the Council shall be governed, to the extent applicable, by the latest revised edition of Robert’s Rules of Order.

24. Failure to Observe Rules of Order. Rules adopted to expedite the transaction of the business of the Council in an orderly fashion are deemed to be procedural only and the failure to strictly observe such rules shall not affect the jurisdiction of the Council or invalidate any action taken at a meeting that is otherwise held in conformity with law.

25. Ordinances, Resolutions and Contracts.

a) All ordinances Shall be Prepared by the City Attorney. No ordinance shall be prepared for presentation to the Council unless ordered by a majority vote of the Council, or requested by the Mayor, or City Manager, or prepared by the City Attorney on his their own initiative.

b) Prior Approval by Administrative Staff. All ordinances, resolutions and contract documents shall, before presentation to the Council, have been approved as to form and legality by the City Attorney and shall have been examined and approved for administration by the City Manager or his their authorized representative.

26. Reading of Ordinances and Resolutions. At the time of adoption of an ordinance or a resolution, it shall be read in full unless, after the reading of the title thereof, the further reading thereof is waived by unanimous consent of the Council Members present. Such consent may be expressed by a statement by the Presiding Officer that “if there is no objection, the further reading of the ordinance or resolution shall be waived.” If any Council Member so requests, the ordinance or resolution shall be read in full.

13 46
Exhibit 1 to Resolution 2022-
30919\001\1677134.1:11922 ~ 8 ~

27. Addressing the Council.

a) Manner of Addressing Council. Each person desiring to address the Council shall step up to the speaker’s rostrum, state his name and address for the record, state the subject he wishes to discuss, state whom he is representing if he represents an organization or other persons, and, unless further time is limited or otherwise specifically provided for in these rules or is granted by majority vote of the Council, shall limit his their remarks to four three (43) minutes, which may be limited at the discretion of the Mayor depending on time available and the number of speakers. All remarks shall be addressed to the Council as a whole and not to any member thereof. No question shall be asked a Council Member or a member of the city staff without the permission of the Presiding Officer.

b) Spokesman for Group of Persons. In order to expedite matters and to avoid repetitious presentations, whenever any group of persons wishes to address the Council on the same subject matter, it shall be proper for the Presiding Officer to request that a spokesman spokesperson be chosen by the group to address the Council and, in case additional information or matters are to be presented by any other member of said group, to limit the number of such persons addressing the Council.

c) After Motion. After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing permission to do so by the City Council.

28. Rules of Decorum.

a) Council Members. While the Council is in session, the members Members must preserve order and decorum, and a member Member shall neither, by conversation or otherwise, delay or interrupt the proceedings or the peace of the Council nor disturb any member Member while speaking or refuse to obey the orders of the Presiding Officer.

b) Employees. Members of the City staff and employees shall observe the same rules of order and decorum as are applicable to the City Council.

c) Persons Addressing the Council. Any person making impertinent, slanderous or profane remarks, or who becomes boisterous while addressing the Council, shall be called to order by the Presiding Officer and, if such conduct continues, may at the discretion of the Presiding Officer be barred from further audience before the Council during that meeting, unless permission to continue be granted by a majority of the Council.

d) Members of the Audience. Any person in the audience who engages in disorderly conduct such as hand clapping, stamping of feet, whistling, using profane language, yelling, and similar demonstrations, which conduct disturbs the peace and good order of the meeting, or who refuses to comply with the lawful orders of the Presiding Officer, shall be guilty of an infraction, and upon instructions from the Presiding Officer, it shall be the duty of the Sergeant at Arms to remove any such person from the Council Chamber and to place him under arrest or otherwise cause him to be prosecute under the law.
14 47
Exhibit 1 to Resolution 2022-
30919\001\1677134.1:11922 ~ 9 ~

29. Enforcement of Decorum. The Director of Public Safety or such member or members of the Public Safety Department as he they may designate, shall be Sergeant at Arms of the City Council and shall carry out all orders given by the Presiding Officer for the purpose of maintaining order and decorum at the Council meetings. Any Council Member may move to require the Presiding Officer to enforce the rules, and the affirmative vote of a majority of the Council shall require him to do so.

30. Public Hearings. The following rules shall apply to all public hearings, except when proceedings are held under general laws of the State of California which require different procedures

a) The Mayor shall state the subject matter of the hearing and declare the public hearing open. Before doing so, he they may determine whether or not there are proponents or opponents who wish to make presentations, how many persons wish to be heard or other matters which may affect the conduct of the proceedings. He The Mayor may impose and announce reasonable time limits on presentations or oral arguments by the public.

b) The City Manager or appropriate staff member shall give a factual summary of the matter.

c) The proponents shall be heard. (Written correspondence shall be summarized by the Clerk.)

d) The opponents shall be heard. (Written correspondence shall be summarized by the Clerk.

e) Each side shall be given a reasonable time for rebuttal. Additional speakers must limit their remarks to providing new information that was not already covered by other speakers.

f) Prior to the close of the public hearing, the Mayor shall give those persons wishing to place their names on the record as being for or against, without presenting an oral argument, an opportunity to do so.

g) The public hearing shall be declared closed.

h) The Council shall discuss and determine the matter.

i) After the public hearing is closed, the public shall not be recognized to speak except to answer any question not covered in the public hearing, and provided that whenever any such answer is given, the opposing side shall be given an opportunity to present facts in rebuttal of the answer given.

31. Policy on Public Input. It is the declared policy of the City Council that any member of the public wishing to be heard on a matter under consideration by the City Council shall be given a reasonable opportunity to do so. Prior to the vote on any issue, the Mayor shall determine 15 48
Exhibit 1 to Resolution 2022-
30919\001\1677134.1:11922 ~ 10 ~

whether or not anyone present wishes to be heard. The Mayor may establish reasonable time limits for oral presentations and shall limit the presentation to the matter before the City Council at that time.

32. Absences from Council Meetings. Pursuant to Government Code §36513, if a City Council Member is absent without permission from all regular Council meetings for 60 days consecutively from the last regular meeting he attended, his their office becomes vacant and shall be filled by the Council as any other vacancy. In addition, should any Council Member be absent from two (2) consecutive regular Council meetings, or from three (3) regular Council meetings in any six-month period, without permission from (i.e., not excused for good cause by) the Council, the Council may determine that the best interests of the City would be served by said Council Member’s resignation, and may request such resignation in a letter authorized by vote of the Council.

33. Automatic Adjournment. Unless otherwise adjourned, all meetings of the City Council shall automatically be adjourned at 10:00 o’clock p.m., except that a majority may by one or more motions act to extend the automatic adjournment to not later than a specified time, or for completion of a particular item or items, as specified in the motion to extend the time of adjournment.”

34. Amendment of Rules. These rules may be amended by an affirmative vote of a majority of a quorum; provided, however, that except as to rules relating to adjournment, where a provision of these rules requires action by a specific affirmative vote which is greater than a majority of a quorum, then amendment to that rule requires the same vote required for the rule proposed to be amended.”

35. Prior Resolution Repealed. The prior resolution of this Council relating to Council meeting procedures, being Resolution No. 76-1, is hereby repealed.

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AGENDA TEMPLATE
DATE 5:00 P.M. Closed Session
6:30 P.M. Open Session

REGULAR MEETING

CITY COUNCIL, AIRPORT COMMISSION,

MARINA ABRAMS B NON-PROFIT CORPORATION, PRESTON PARK SUSTAINABLE

COMMUNITY NON-PROFIT CORPORATION, SUCCESSOR AGENCY OF THE FORMER

MARINA REDEVELOPMENT AGENCY AND MARINA GROUNDWATER

SUSTAINABILITY AGENCY
Council Chambers
211 Hillcrest Avenue
Marina, California
Zoom Meeting URL: https://zoom.us/j/730251556
Zoom Meeting Telephone Only Participation: 1-669-900-9128 - Webinar ID: 730 251 556 In accordance with California Government Code §54953(e)(1)(A) and (C) and the Proclamation of a State of Emergency issued by Governor Newsom on March 4, 2020, under the provisions of Government Code §8625 related to the COVID -19 (coronavirus) pandemic, consistent with recommendations by State and local health officials regarding social distancing and in order to prevent an imminent risk to the health and safety of attendees as determined in Resolution 2022-78, public participation in City of Marina City Council public meetings shall be electronic only and without a physical location for public participation until the earlier of May 31, 2022, or such time as the City Council may adopt a resolution in a ccordance with Government Code §54953(e)(3). This meeting is being broadcast “live” on Access Media Productions (AMP) Community Television Cable 25 and on the City of Marina Channel and on the internet at https://accessmediaproductions.org/

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

The most effective method of communication with the City Council is by sending an email to If you are unable to participate in real -time, you may email to [email protected] with the subject line “Public Comment Item#__ ” (insert the item number relevant to your comment) or “Public Comment – Non Agenda Item.” Comments will be reviewed and distributed before the meeting if received by 5:00 p.m. on the day of the meeting. All comments received will become part of the record. Council will have the option to modify their action on items based on comments received.

EXHIBIT 2
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Agenda for City Council Meeting of DATE Page 2

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

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

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

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

1. CALL TO ORDER

2. ROLL CALL & ESTABLISHMENT OF QUORUM: (City Council, Airport Commissioners, Marina Abrams B Non -Profit Corporation, Pr eston Park Sustainable Communities Nonprofit Corporation, Successor Agency of the Former Redevelopment Agency Members and Marina Groundwater Sustainability Agency)

Cristina Medina Dirksen, David Burnett, Lisa Berkley, Mayor Pro -Tem/Vice Chair Kathy Biala, Mayor/Chair Bruce C. Delgado

3. PUBLIC COMMENT:

4. CLOSED SESSION: As permitted by Government Code Section 54956 et seq. , the (City Council, Airport Commissioners, Marina Abrams B Non -Profit Corporation, Preston Park Sustainable Communities Nonprofit C orporation, Successor Agency of the Former Redevelopment Agency Members and Marina Groundwater Sustainability Agency) may adjourn to a Closed or Executive Session to consider specific matters dealing with litigation, certain personnel matters, property neg otiations or to confer with the City’s Meyers -Milias- Brown Act representative.
a. Conference with Legal Counsel, Item #1
6:30 PM - RECONVENE OPEN SESSION AND REPORT ON ANY ACTIONS TAKEN IN

CLOSED SESSION

5. MOMENT OF SILENCE & PLEDGE OF ALLEGIANCE (Please stand) EXHIBIT 2
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Agenda for City Council Meeting of DATE Page 3

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6. SPECIAL PRESENTATIONS:
a. Presentation #1

7. SPECIAL COUNCIL AND STAFF ANNOUNCEMENTS AND

8. COMMUNICATIONS FROM THE FLOORPUBLIC COMMENT: Any member of the Public or the City Council may make an announcement of special events or meetings of interest as information to Council and Public. Any member of the public may comment on any matter within the City Council’s jurisdiction which that is not on the agenda. Please state your name for the record. This is the appropriate place to comment on items on the Consent Age nda. Action will not be taken on an items that is not on the agenda. If it requires action, it will be referred to staff and/or placed on a future agenda. City Council members or City staff may briefly respond to statements made or questions posed as perm itted by Government Code Section 54954.2. In order that all interested parties have an opportunity to speak, please limit comments to a Comments are limited to a maximum of four three (43) minutes. General public comment may be limited to thirty (30) minutes and/or continued to the end of the agenda. Any member of the public may comment on any matter listed on this agenda at the time the matter is being considered by the City Council .

Whenever possible, written correspondence should be submitted to the Coun cil in advance of the meeting, to provide adequate time for its consideration.

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

10. CONSENT AGENDA: Background information has been provided to the City Council, Airport Commission, Marina Abrams B Non-Profit Corporation, and Redevelopment Agency on all matters listed under the Consent Agenda, and these These items are considered t o be routine and non - controversial. All items under the Consent Agenda are normallymay be approved by one motion.

Prior to such a motion being made, any member of the public or the City Council may ask a question or make a comment about an agenda item and staff will may provide a response. If discussion or a lengthy explanation is required, Council may that item will be remove the item d from the Consent Agenda and it will be placed at the end of Other Action Items. a. ACCOUNTS PAYABLE:
(1) Accounts Payable Check Numbers XXX– ______, totaling $ b. MINUTES:
(1) DATE, Regular City Council Meeting
c. CLAIMS AGAINST THE CITY: None
d. AWARD OF BID: None
e. CALL FOR BIDS: None
f. ADOPTION OF RESOLUTIONS:
(1) City Council consider adopting Resolution No. 2022-, regarding . . .

EXHIBIT 2
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Agenda for City Council Meeting of DATE Page 4

30919\001\1677819.1: 11922
g. APPROVAL OF AGREEMENTS:
(1) City Council consider adopting Resolution No. 2022-, approving . . . h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
i. MAPS:
j. REPORTS: (RECEIVE AND FILE): None
k. FUNDING & BUDGET MATTERS: None
l. APPROVE ORDINANCES (WAIVE SECOND READING):
(1) City Council consider adopting Ordinance No. 2022-, approving . . . m. APPROVE APPOINTMENTS: None

11. PUBLIC HEARINGS: In the Council’s discretion, the applicant/proponent of an item may be given up to ten (10) minutes to speak. All other persons may be given up to three (3) minutes t o speak on the matter.
a. City Council open a public hearing and consider adopting Resolution No, 2022 -, approving . . .

12. OTHER ACTIONS ITEMS OF THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENCY: Action listed for each Agenda item is that whic h is requested by staff. The Successor Agency may, at its discretion, take action on any items. The public is invited to approach the podium to provide up to four Members of the public may be give n up to three (43) minutes of public commentto speak.

13. OTHER ACTION ITEMS: Action listed for each Agenda item is that which is requested by staff.

The City Council may, at its discretion, take action on any items. The public is invited to approach the podium to provide up to four (4) minutes of public comment.Members of the public may be given up to three (3) minutes to speak.

Note: No additional major projects or programs should be undertaken without review of the impacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). a. City Council consider . . .

14. COUNCIL & STAFF INFORMATIONAL REPORTS:
a. Monterey County Mayor’s Association [Mayor Bruce Delgado] b. Council and staff opportunity to ask a question for clarification or make a brief report on his or her own Council reports on meetings and conferences attended ( activities as permitted by Government Gov’t Code Section 54954.253232).

ADJOURNMENT:

CERTIFICATION

I, Anita Sharp, Deputy City Clerk, of the City of Marina, do hereby certify that a copy of the foregoing agenda was posted at City Hall and Council Cha mbers Bulletin Board at 211 Hillcrest Avenue, Monterey County Library Marina Branch at 190 Seaside Circle, City Bulletin Board at the corner of Reservation Road and Del Monte Boulevard on or before 6:30 p.m., Friday, July 15, 2022.

___________________________________
EXHIBIT 2
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Agenda for City Council Meeting of DATE Page 5

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

City Council meetings may be viewed live on the meeting night and at 12:30 p.m. and 3:00 p.m. on Cable Channel 25 on the Sunday following the Regular City Council meeting date. In addition, Council meetings can be viewed at 6:30 p.m. every Monday, Tuesday and Wednesday. For more information about viewing the Council Meetings on Channel 25, you may contact Access Monterey Peninsula directly at 831-333-1267.

Agenda items and staff reports are public record and are available for pub lic review on the City's website (www.ciytofmarina.org), at the Monterey County Marina Library Branch at 190 Seaside Circle and at the Office of the City Clerk at 211 Hillcrest Avenue, Marina between the hours of 10:00 a.m. 5:00 p.m., on the Monday preceding the meeting.

Supplemental materials received after the close of the final agenda and through noon on the day of the scheduled meeting will be available for public review at the City Clerk’s Office during reg ular office hours and in a ‘Supplemental Binder’ at the meeting.

Members of the public may receive the City Council, Airport Commission and Successor Agency of the Former Redevelopment Agency Agenda at a cost of $55 per year or by providing a self -addressed, stamped envelope to the City Clerk. The Agenda is also available at no cost via email by notifying the City Clerk at [email protected]
ALL MEETINGS ARE OPEN TO THE PUBLIC. THE CITY OF MARINA DOES N OT DISCRIMINATE AGAINST PERSONS WITH DISABILITIES. Council Chambers are wheelchair accessible. Mmeetings are broadcast on cable channel 25 and recordings of meetings can be provided upon request. Tto request assistive listening devices, sign language interpreters, readers, large print agendas or other accommodations, please call (831) 884-1278 or e-mail: [email protected]. Rrequests must be made at least 48 hours in advance of the meeting.

EXHIBIT 2
21 54
November 1, 2022 Item No. 11b
Honorable Mayor and Members City Council Meeting
of the Marina City Council of November 1, 2022
CITY COUNCIL CONSIDER ADOPTING RESOLUTION 2022-, AMENDING RESOLUTION NO. 80-71, AS AMENDED, PARAGRAPHS 8, 9, 13, AND 27

REGARDING BEST PRACTICES FOR PUBLIC ENGAGEMENT AND

MEETING EFFICIENCY
REQUEST:

It is requested that the City Council consider:

1. Adopting Resolution No. 2022-, amending Resolution No. 80-71, as amended, Establishing the Rules and Procedures for the Conduct of Meetings (Exhibit A);

2. Amending Paragraph 8 regarding Order of Business and Consideration and Sequence of Agenda Items;

3. Amending Paragraph 9 regarding Preparation of the Minutes;

4. Amending Paragraph 13 regarding Debate;

5. Amending Paragraph 27 regarding Manner of Addressing Council; and

6. Approving a new Agenda format in substantially the same form as Exhibit B.

BACKGROUND:

At the regular meeting of December 12, 1980, the City Council adopted Resolution No. 80-71, “Establishing the Rules and Procedures for the Conduct of Meetings of the City Council” (“Rules and Procedures”). The Rules and Procedures govern Council conduct, and include provisions for the setting meetings, order of the agendas, Council debate, and conflicts of interest.

The Rules and Procedures have been amended multiple times over the years – primarily in regard to the order of the agenda and meeting times.1 (Exhibit C.) More recently, the City Council directed staff to bring forward proposals regarding the Rules and Procedures to increase public engagement and improve meeting efficiency. While this is the present direction, a more comprehensive update can be brought forward to align the Rules and Procedures with the Marina Municipal Code, and incorporate all amendments into one document.

This agenda item was brought to Council for consideration in early August, and continued several times due to more pressing matters. Since August, members of the public and Council have suggested additional areas of potential revision to streamline public meetings.

ANALYSIS:

Elected officials have a large body of work to get through, and it must be accomplished in a reasonable amount of time. A well-organized agenda, appropriate opportunities for public comment and following protocol are all essential to running an effective meeting. 1 See Resolutions 85-1, 90-09, 91-17, 92-30, 94-15, 98-03, 99-01, 2001-106, 2009-41, 2011-32, 2011-33, 2011-65, and 2019-107.
1 EXHIIBIT D
55 Public Engagement

Public comment is an essential part of local government meetings. Hearing from the public is a critical part of the Council’s role. Council members need to be in touch with the public and be responsive. That said, the purpose of public comment is to inform the Council of the public’s views, and not to enter into debate or dialogue with Council, or to have general public comment take precedence over items scheduled for action on the agenda.

Time limits on public comment are an important tool for running a meeting of reasonable length, and prioritizing the important discourse while participants are available. General public comment at the meeting’s outset provides an opportunity for members of the public to share their viewpoints with Council on matters of concern. However, extensive general comment, prior to the Council’s deliberation of the agendized action items, can fatigue all participants and diminish the quality of the discourse and decision-making.

It is recommended that the Mayor and Council provide brief factual information to public comment, if necessary and appropriate, but should not enter into a back and forth exchange or call on staff to provide answers on the spot. As a caution, once a third comment or participant is involved, the question/answer can quickly turn into an unagendized discussion. A best practice is for staff to note input or questions and provide responses at a later date, or to place the item on a future agenda.

The City may adopt reasonable regulations for public comment, including time limits. Many public agencies allow up to three minutes, which can be limited if there are many participants or to accommodate a lengthy agenda. The public does not need to be given an opportunity to speak on an item that has already been considered by a committee made up exclusively of members of the Council at a public meeting, if all interested members of the public had the opportunity to speak on the item before or during its consideration, and if the item has not been substantially changed. In addition, the City may provide multiple ways for residents to express their views, which can further reduce pressure on meeting time, i.e., by encouraging letters and other written communication.

Staff proposes amendments to the current Agenda template in terms of public comments. (Exhibit B.) It is recommended that public input on the Consent Agenda be heard under general Public Comment. In this way, the Consent Agenda may be called, and if no items are pulled, adopted in one motion. The agenda, in its current form, provides

“. . . any member of the public or the City Council may ask a question or make a comment about an agenda item and staff will provide a response. If discussion or a lengthy explanation is required, that item will be removed from the Consent Agenda and placed at the end of Other Action Items.”

The Agenda can be clarified to specify that while members of the public may comment on Consent items before action is taken, it remains within the Council’s discretion as to whether to pull an item. Further, it is also within Council’s discretion as to whether the public comment or question is to be answered by staff or referred to a later date. Additionally, staff proposes to make the Agenda more user-friendly by including only those items brought forward for Council action.

Staff recommends changes to the Rules and Procedures, Paragraph 8 a), to separate Council and Staff Announcements from Public Comment. Subsection b) modifications reflect the new numbering, and update the Rules with gender-neutral language. Proposed additions are set forth in italicized font; deletions are noted in strikeout font:

2 56

8. Order of Business and Consideration and Sequence of Agenda Items.

a) The business of the City Council shall be taken up for consideration and disposition in the following order:

1. Call to Order 5:00p.m. (if there is to be a Closed Session)

2. Roll Call and Establishment of Quorum

3. Closed Session (if any)

4. Open Regular Session (6:30 p.m.) - Report Any Action taken in Closed Session

5. Moment of Silence & Pledge of Allegiance

6. Special Presentations - no action; no public comment

7. Special Council and Staff Announcements and Communications from the Floor

8. Public Comment – Up to a maximum of 3 minutes per person

9. Consent Agenda

10. Public Hearings

11. Other Council Action Items

12. Council & Staff Informational Reports – no action taken, no public comment

13. Adjournment

b) The Mayor, at their his/her discretion and subject to majority vote overruling them him/her, may re-arrange agenda items, provided that any items ‘pulled’ from Item 98, ‘Consent Agenda’ shall be considered following the last item of ltem 1110, “Other Council Action Items.”

Paragraph 27 a) of the Rules and Procedures, entitled “Manner of Addressing Council,” sets forth the allotted time for public comments. Proposed modifications consider that members of the public cannot be required to provide their names or other information as prerequisite to speaking, and that the Council has the ability to limit public comment where necessary for meeting efficiency.

Proposed additions are shown in italicized font; deletions are in strikeout font:

27. Addressing the Council

a) Manner of Addressing Council. Each person desiring to address the Council shall step up to the speaker’s rostrum, state his name and address for the record, state the subject he wishes to discuss, state whom he is representing if he represents an organization or other persons, and, unless further time is otherwise specifically provided for in these rules or is granted by majority vote of the Council, shall limit his remarks may comment for up to four three (43) minutes, which may be limited at the discretion of the Mayor depending on time available and the number of speakers. All remarks shall be addressed to the Council as a whole and not to any member thereof. No question shall be asked a Council Member or a member of the City staff without the permission of the Presiding Officer.

c) After Motion Close of Public Hearing. After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing permission to do so by the City Council.

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Structured Discussion

Motion after public comment and prior to Council discussion can help focus Council discourse by identifying the issue to be decided, and make it easier for members of the public to follow the discussion. Accordingly, staff recommends the Council first solicit public input, and then make a motion, followed by Council discussion and a vote. This is the recommended process set forth in Rosenberg’s Rules of Order, which is a simplified version of Robert’s Rules of Order. Not only does this help identify the issue before the Council, but it ensures compliance with the Brown Act, which requires the public be provided an opportunity to speak prior to action being taken.

Paragraph 8 c) of the Rules and Procedures sets forth the procedure for consideration of Agenda Items. The proposed modifications are set forth below (additions shown in italicized font; deletions in strikeout font):

8. Order of Business and Consideration and Sequence of Agenda Items.

c) The following shall be the procedure for consideration and sequence of each Agenda Item, including Public Hearings:

1. Mayor Introduces the Agenda Item

2. City Manager/Executive Director (or designee/Council Member) Presents Staff Report

3. Applicant/proponent, when appropriate, up to ten (10) minutes (at Presiding Officer’s discretion)

4. City Council Clarifying Technical Questions of Staff and Applicant/Proponent

5. Brief Council Comments and Motion Public Comments – up to a maximum of four three (43) minutes per person

6. Mayor Closes Public Hearing/Public Comments

7. Council Motion and Discussion

8. Council Vote

Paragraph 30 also sets forth rules that apply to Public Hearings, which should be eventually be aligned or consolidated with Paragraph 8. A summary of the public hearing process is included on the draft Agenda.

Paragraph 13 g), “Limitation of Debate” provides, “No Council Member shall be allowed to speak more than once upon any particular subject until every other Council Member desiring to do so shall have spoken.” To enhance debate, and manage time more efficiently, some councils have adopted the rule that each person may speak twice on a given subject. This proposed modification is set forth below (additions shown in italicized font):

13. Rules of Debate.

g) Limitation of Debate. No Council Member shall be allowed to speak more than once upon any particular subject until every other Council Member desiring to do so shall have spoken. Council Members may speak twice on a given subject.

Meeting Preparation

To aid in meeting efficiency, questions of staff should be asked in advance. This saves Council time during the meeting, and for those questions that Council would like to be addressed at the meeting, enables staff to prepare to answer the questions accurately and succinctly. As a result, meetings run more smoothly, Council is provided the information needed for decision-making, and the need to continue items to the next agenda is minimized. 4 58

Minutes

Many public agencies have adopted action minutes, which record what is done at a meeting and not what is said. This is also the guideline of Robert’s Rules of Order, which governs Council conduct. The time and effort required to prepare detailed minutes summarizing what was said, and their subjective nature, are time-consuming and resource intensive and the effort often exceeds the value to the City and to the public. This is not necessary given that Council meetings are recorded and available through AMP and YouTube. The proposed modification to the Rules is set forth below (additions shown in italicized font; deletions in strikeout font):

9. Preparation of Minutes. The City Clerk shall have exclusive responsibility for preparation of the action minutes, and any directions for changes in the minutes shall be made only by majority action of the City Council.

Future Topics
Future topics to improve meeting efficiency may include additional training on Council, Commission and staff roles and responsibilities, Robert’s and Rosenberg’s Rules of Order, the Brown Act, and consideration of a Code of Conduct.

CEQA:

Amendment of Resolution 80-71 is not subject to California Environmental Quality Act (CEQA) as it is not a “project” pursuant to Section 15378 of the CEQA Guidelines.

FISCAL IMPACT:

None identified.

CONCLUSION:

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

Respectfully submitted,

___________________________
Heidi Quinn
Interim City Attorney
City of Marina

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RESOLUTION NO. 2022-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARINA
AMENDING RESOLUTION 80-71, AS AMENDED, PARAGRAPHS 8, 9, 13, AND 27, REGARDING BEST PRACTICES FOR PUBLIC ENGAGEMENT AND
MEETING EFFICIENCY.

WHEREAS, at the regular meeting of December 12, 1980, the City Council adopted Resolution No. 80-71 Establishing the Rules and Procedures for the Conduct of Meetings of the City Council (“Rules and Procedures”); and
WHEREAS, the City Council previously amended the Rules and Procedures by adopting Resolution Nos. 85-1, 90-09, 91-17, 92-30, 94-15, 98-03, 99-01, 2001-106, 2009-41, 2011-32, 2011-33, 2011- 65, and 2019-107; and
WHEREAS, after discussion, the City Council directed staff to place on a future agenda a resolution to make proposed c hanges to the Rules and Procedures regarding public engagement and meeting efficiency; and
WHEREAS, staff proposes modifications to Paragraph 8 regarding Order of Business and Consideration and Sequence of Agenda Items, Paragraph 9 regarding Preparation o f Minutes, Paragraph 13 regarding Debate, and Paragraph 27 regarding Manner of Addressing Council; and amendment of the Agenda format; and
WHEREAS, amendment of Resolution 80 -71, as amended, is not subject to California Environmental Quality Act (CEQA) as it is not a “project” pursuant to Section 15378 of the CEQA Guidelines.

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

Section 1. Recitals. The Recitals set forth above are true and correct and are incorporated into this Resolution by this reference.

Section 2. Rules and Procedures. The Rules and Procedures shall be modified as follows (new language in italics and deleted language in strike-out text):

1. Paragraph 8 of the Rules and Regulations shall be modified as follows:

8. Order of Business and Consideration and Sequence of Agenda Items. a) The business of the City Council shall be taken up for consideration and disposition in the following order:

1. Call to Order 5:00p.m. (if there is to be a Closed Session)

2. Roll Call and Establishment of Quorum

3. Closed Session (if any)

4. Open Regular Session (6:30 p.m.) - Report Any Action taken in Closed Session

5. Moment of Silence & Pledge of Allegiance

6. Special Presentations - no action; no public comment

EXHIBIT A
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30919\000\1627904.1:81122

7. Special Council and Staff Announcements and Communications from the Floor

8. Public Comment – Up to a maximum of 3 minutes per person

9. Consent Agenda

10. Public Hearings

11. Other Council Action Items

12. Council & Staff Informational Reports – no action taken, no public comment

13. Adjournment

b) The Mayor, at their his/her discretion and subject to majority vote overruling them him/her, may re-arrange agenda items, provided that any items ‘pulled’ from Item 98, “Consent Agenda” shall be considered following the last item of Item 1110, “Other Council Action Items.”

c) The following shall be the procedure for consideration and sequence of each Agenda Item, including Public Hearings:

1. Mayor Introduces the Agenda Item

2. City Manager/Executive Director (or designee/Council Member) Presents Staff Report

3. Applicant/proponent, when appropriate, up to ten (10) minutes (at Presiding Officer’s discretion)

4. City Council Clarifying Technical Questions of Staff and Applicant/Proponent

5. Brief Council Comments and Motion Public Comments – up to a maximum of four three (43) minutes per person

6. Mayor Closes Public Hearing/Public Comments

7. Council Motion and Discussion

8. Council Vote

2. Paragraph 9 of the Rules and Regulations shall be modified as follows:

9. Preparation of Minutes. The City Clerk shall have exclusive responsibility for preparation of the action minutes, and any directions for changes in the minutes shall be made only by majority action of the City Council.

3. Paragraph 13 of the Rules and Regulations shall be modified as follows:

13. Rules of Debate.

g) Limitation of Debate. No Council Member shall be allowed to speak more than once upon any particular subject until every other Council Member desiring to do so shall have spoken. Council Members may speak twice on a given subject.

4. Paragraph 27 of the Rules and Regulations shall be modified as follows:

27. Addressing the Council

a) Manner of Addressing Council. Each person desiring to address the Council shall step up to the speaker’s rostrum, state his name and address for the record, state the subject he wishes to discuss, state whom he is representing if he represents an organization or other persons, and, unless further time is otherwise specifically

EXHIBIT A
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provided for in these rules or is granted by majority vote of the Council, shall limit his remarks may comment for up to four three (43) minutes, which may be limited at the discretion of the Mayor depending on time available and the number of speakers. All remarks shall be addressed to the Council as a whole and not to any member thereof. No question shall be asked a Council Member or a member of the City staff without the permission of the Presiding Officer.

c) After Motion Close of Public Hearing. After a motion has been made or a public hearing has been closed, no member of the public shall address the Council from the audience on the matter under consideration without first securing permission to do so by the City Council.

5. The Agenda format shall be in substantially the same form as Attachment 1 hereto.

Section 3. Effective Date of Resolution. This Resolution shall take effect on immediately upon its passage and adoption.

PASSED AND ADOPTED by the City Council of the City of Marina at a regular meeting held this ____day of ____________ 2022, by the following vote:

AYES, COUNCIL MEMBERS:

NOES, COUNCIL MEMBERS:

ABSENT, COUNCIL MEMBERS:

ABSTAIN, COUNCIL MEMBERS:

___________________________
Bruce C. Delgado, Mayor

ATTEST:

_____________________
Anita Sharp, Deputy City Clerk

EXHIBIT A
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AGENDA TEMPLATE
DATE 5:00
P.M. Closed Session
6:30 P.M. Open Session

REGULAR MEETING

CITY COUNCIL, AIRPORT COMMISSION,

MARINA ABRAMS B NON-PROFIT CORPORATION, PRESTON PARK SUSTAINABLE

COMMUNITY NON-PROFIT CORPORATION, SUCCESSOR AGENCY OF THE FORMER

MARINA REDEVELOPMENT AGENCY AND MARINA GROUNDWATER

SUSTAINABILITY AGENCY
Counci
l Chambers
211 Hillcrest Avenue
Marina, California
Zoom Meeting URL: https://zoom.us/j/730251556
Zoom Meeting Telephone Only Participation: 1-669-900-9128 - Webinar ID: 730 251 556 In accordance with California Government Code §54953(e)(1)(A) and (C) and the Proclamation of a State of Emergency issued by Governor Newsom on March 4, 2020, under the provisions of Government Code §8625 related to the COVID -19 (coronavirus) pandemic, consistent with recommendations by State and local health officials regarding social distancing and in order to prevent an imminent risk to the health and safety of attendees as determined in Resolution 2022-78, public participation in City of Marina City Council public meetings shall be electronic only and without a physical location for public participation until the earlier of May 31, 2022, or such time as the City Council may adopt a resolution in accordance with Government Code §54953(e)(3). This meeting is being broadcast “live” on Access Media Productions (AMP) Community Television Cable 25 and on the City of Marina Channel and on the internet at https://accessmediaproductions.org/

PARTICIPATION
You may participate in the City Council meeting in real-time by calling Zoom Meeting via the weblink and phone number provided at the top of this agenda. Instructions on how to access, view and participate in remote meetings are provided by visiting the City’s home page at https://cityofmarina.org/. Attendees can make oral comments during the meeting by using the “Raise Your Hand” feature in the webinar or by pressing *9 on your telephone keypad if joining by phone only. If you are unable to participate in real-time, you may email to [email protected] with the subject line “Public Comment Item#__ ” (insert the item number relevant to your comment) or “Public Comment – Non Agenda Item.” Comments will be reviewed and distributed before the meeting if received by 5:00 p.m. on the day of the meeting. All comments received will become part of the record. Council will have the option to modify their action on items based on comments received.

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

EXHIBIT B
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Agenda for City Council Meeting of DATE Page 2

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City of Marina website www.cityofmarina.org subject to City staff’s ability to post the documents before the meeting

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

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

1. CALL TO ORDER

2. ROLL CALL & ESTAB LISHMENT OF QUORUM: (City Council, Airport Commissioners, Marina Abrams B Non -Profit Corporation, Preston Park Sustainable Communities Nonprofit Corporation, Successor Agency of the Former Redevelopment Agency Members and Marina Groundwater Sustainability Agency)

Cristina Medina Dirksen, David Burnett, Lisa Berkley, Mayor Pro- Tem/Vice Chair Kathy Biala, Mayor/Chair Bruce C. Delgado

3. PUBLIC COMMENT:

4. CLOSED SESSION: As permitted by Government Code Section 54956 et seq. , the (City Council, Airport Com missioners, Marina Abrams B Non-Profit Corporation, Preston Park Sustainable Communities Nonprofit Corporation, Successor Agency of the Former Redevelopment Agency Members and Marina Groundwater Sustainability Agency) may adjourn to a Closed or Executive Session to consider specific matters dealing with litigation, certain personnel matters, property negotiations or to confer with the City’s Meyers -Milias- Brown Act representative.
a. Conference with Legal Counsel, Item #1
6:30 PM - RECONVENE OPEN SESSION AND REPORT ON ANY ACTIONS TAKEN IN

CLOSED SESSION

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

6. SPECIAL PRESENTATIONS:
a. Presentation #1

7. SPECIAL COUNCIL AND STAFF ANNOUNCEMENTS AND

8. COMMUNICATIONS FROM THE FLOORPUBLIC COMMENT: Any member of the Public or the City Council may make an announcement of special events or meetings of interest as information to Council and Public. Any member of the public may comment on any matter within the City Council’s jurisdiction which that is not on the agenda. Please state your name for the record. Action will not be taken on an items that is not on the agenda. If it requires action, it will be referred to staff and/or placed on a future agenda. City Council members or City staff may briefly respond to statements made or questions posed as permitted by Government Code Section 54954.2.

In order that all interested parties have an opportunity to speak, please limit comments to

EXHIBIT B
10 64

Agenda for City Council Meeting of DATE Page 3

30919\001\1614953.1: 102822
aComments are limited to a maximum of four three (43) minutes. Any member of the public may comment on any matter listed on this agenda at the time the matter is being considered by the City Council. Whenever possible, written correspondence should be submitted to the Council in advance of the meeting, to provide adequate time for its consideration.

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

10. CONSENT AGENDA: Background information has been provided to the City Council, Airport Commission, Marina Abrams B Non-Profit Corporation, and Redevelopment Agency on all matters listed under the Consent Agenda, and these These items are considered to be routine and non- controversial. All items under the Consent Agenda are normallymay be approved by one motion.

Prior to such a motion being made, any member of the public or the City Council may ask a question or make a comment about an agenda item and staff will may provide a response. If discussion or a lengthy explanation is required, Council may that item will be remove the itemd from the Consent Agenda and it will be placed at the end of Other Action Items. a. ACCOUNTS PAYABLE:
(1) Accounts Payable Check Numbers XXX– ______, totaling $ b. MINUTES:
(1) DATE, Regular City Council Meeting
c. CLAIMS AGAINST THE CITY: None
d. AWARD OF BID: None
e. CALL FOR BIDS: None
f. ADOPTION OF RESOLUTIONS:
(1) City Council consider adopting Resolution No. 2022-, regarding . . . g. APPROVAL OF AGREEMENTS:
(1) City Council consider adopting Resolution No. 2022-, approving . . . h. ACCEPTANCE OF PUBLIC IMPROVEMENTS: None
i. MAPS:
j. REPORTS: (RECEIVE AND FILE): None
k. FUNDING & BUDGET MATTERS: None
l. APPROVE ORDINANCES (WAIVE SECOND READING):
(1) City Council consider adopting Ordinance No. 2022-, approving . . . m. APPROVE APPOINTMENTS: None

EXHIBIT B
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Agenda for City Council Meeting of DATE Page 4

30919\001\1614953.1: 102822

11. PUBLIC HEARINGS: For public hearings involving a quasi -judicial determination by the Council, in the Council’s discretion, the applicant/proponent of an item may be given up to ten (10) minutes to speak. All other persons may be given up to three (3) minutes to speak. In public hearings not involving a quasi -judicial determination by the Council, all persons may be given up to three (3) minutes to speak on the matter.
a. City Council open a public hearing and consider adopting Resolution No, 2022-, approving . . .

12. OTHER ACTIONS ITEMS OF THE SUCCESSOR AGENCY TO THE FORMER MARINA REDEVELOPMENT AGENCY: Action listed for each Agenda item is that which is requested by staff. The Successor Agency may, at its discretion, take action on any items. The public is invited to approach the podium to provide up to fourMembers of the public may be give n up to three (43) minutes of public commentto speak.

13. OTHER ACTION ITEMS: Action listed for each Agenda item is that which is requested by staff.

The City Council may, at its discretion, take action on any items. The public is invited to approach the podium to provide up to four (4) minutes of public comment.Members of the public may be given up to three (3) minutes to speak.

Note: No additional major projects or programs should be undertaken without review of the impacts on existing priorities (Resolution No. 2006-79 – April 4, 2006). a. City Council consider . . .

14. COUNCIL & STAFF INFORMATIONAL REPORTS:
a. Monterey County Mayor’s Association [Mayor Bruce Delgado] b. AB1234 Reports Council and staff opportunity to ask a question for clarification or make a brief report on his or her own activities as permitted by Government Code Section 54954.2.

ADJOURNMENT:

CERTIFICATION

I, Anita Sharp, Deputy City Clerk, of the City of Marina, do hereby certify that a copy of the foregoing agenda was posted at City Hall and Council Chambers Bulletin Board at 211 Hillcrest Avenue, Monterey County Library Marina Branch at 190 Seaside Circle, City Bulletin Board at the corner of Reservation Road and Del Monte Boulevard on or before 6:30 p.m., Friday, July 15, 2022.

___________________________________

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

City Council meetings may be viewed live on the meeting night and at 12:30 p.m. and 3:00 p.m. on Cable Channel 25 on the Sunday following the Regular City Council meeting date. In addition, Council meetings can be viewed at 6:30 p.m. every Monday, Tuesday and Wednesday. For more information about viewing the Council Meetings on Channel 25, you may contact Access Monterey Peninsula directly at 831-333-1267.

Agenda items and staff reports are public record and are available for public review on the City's website (www.ciytofmarina.org), at the Monterey County Marina Library Branch at 190 Seaside Circle and at the Office

EXHIBIT B
12 66

Agenda for City Council Meeting of DATE Page 5

30919\001\1614953.1: 102822
of the City Clerk at 211 Hillcrest Avenue, Marina between the hours of 10:00 a.m. 5:00 p.m., on the Monday preceding the meeting.

Supplemental materials received after the close of the final agenda and through noon on the day of the scheduled meeting will be available for public review at the City Clerk’s Office during regular office hours and in a ‘Supplemental Binder’ at the meeting.

Members of the public may receive the City Council, Airport Commission and Successor Agency of the Former Redevelopment Agency Agenda at a cost of $55 per year or by providing a self -addressed, stamped envelope to the City Clerk. The Agenda is also available at no cost via email by notifying the City Clerk at [email protected]

ALL MEETINGS ARE OPEN TO THE PUBLIC. THE CITY OF MARINA DOES NOT DISCRIMINATE AGAINST PERSONS WITH DISABILITIES. Council Chambers are wheelchair accessible. Mmeetings are broadcast on cable channel 25 and recordings of meetings can be provided upon request. Tto request assistive listening devices, sign language interpreters, readers, large print agendas or other accommodations, please call (831) 884-1278 or e-mail:
[email protected]. Rrequests must be made at least 48 hours in advance of the meeting.

EXHIBIT B
13 67
August 12, 2022 Item No. 11d
Honorable Mayor and Members City Council Meeting
of the Marina City Council of August 16, 2022
CITY COUNCIL CONSIDER ADOPTING RESOLUTION 2022-, AMENDING RESOLUTION NO. 80 -71, AS AMENDED, PARAGRAPHS 8, 9, 13, AND 27 ,

REGARDING BEST PRACTICES FOR PUBLIC ENGAGEMENT AND

MEETING EFFICIENCY
REQUEST:

It is requested that the City Council consider:

1. Adopting Resolution No. 202 2-, amending Resolution No. 80 -71, as amended, Establishing the Rules and Procedures for the Conduct of Meetings;

2. Amending Paragraph 8 regarding Order of Business and Consideration and Sequence of Agenda Items;

3. Amending Paragraph 9 regarding Preparation of the Minutes;

4. Amending Paragraph 13 regarding Debate;

5. Amending Paragraph 27 regarding Manner of Addressing Council; and

6. Approving a new Agenda format in substantially the same form as Exhibit B.

BACKGROUND:

At the regular meeting of December 12, 1980, the City Council adopted Resolution No. 80 -71, “Establishing the Rules and Procedures for the Conduct of Meetings of the City Council” (“Rules and Procedures”). The Rules and Procedures govern Council conduct, and include provisions for the setting meetings, order of the agendas, Council debate, and conflicts of interest.

The Rules and Procedures have been amended multiple times over the years – primarily in regard to the order of the agenda and meeting times .1 (EXHIBIT A.) More recently, the City Council directed staff to bring forward proposals regarding the Rules and Procedures to increase public engagement and improve meeting efficiency. While this is the present direction, a more comprehensive update can be brought forward to align the Rules and Procedures with the Marina Municipal Code, and incorporate all amendments into one document.

ANALYSIS:

Elected officials have a large body of work to get through, and it must be accomplished in a reasonable amount of time. A well -organized agenda, appropriate opportunities for public comment and following protocol are all essential to running an effective meeting.

Public Engagement
Public comment is an essential part of local government meetings. Hearing from the public is a critical part o f the Council’s role. Council members need to be in touch with t he public and be responsive. That said, the p urpose of public comment is to inform the Council of the public’s views, and not to enter into debate or dialogue with Council. 1 See Resolutions 85-1, 90-09, 91-17, 92-30, 94-15, 98-03, 99-01, 2001-106, 2009-41, 2011-32, 2011-33, 2011-65, and 2019-107.
1 EXHIBIT E
68 Time limits on public comment are an important tool for running a meeting of reasonable length, and prioritizing the important discourse while participants are available. General public comment at the meeting’s outset must be balanced against those members of the public that have come to speak on particular agenda items. Extensive general comment, prior to the Council’s deliberation of agendized action items, can fatigue all participants and diminish the quality of the discourse and decision-making.

It is recommended that the Mayor and Council do not respond to general public comments. The Mayor may provide brief factual information, if appropriate, but should not enter into a back and forth exchange or call on staff to provide answers on the spot. A best practice is for staff to note input or questions and provide responses at a later date, or to place the item on a future agenda.

The City may adopt reasonable regulations for public comment, including time limits. Many public agencies allow up to three minutes, which can be limited if there are many participants or to accommodate a lengthy agenda. The public does not need to be given an opportunity to speak on an item that has alrea dy been considered by a committee made up exclusively of members of the Council at a public meeting, if all interested members of the public had the opportunity to speak on the item before or during its consideration, and if the item has not been substanti ally changed. In addition, the City may provide multiple ways for residents to express their views, which can further reduce pressure on meeting time , i.e., by encouraging letters and other written communication.

Staff proposes amendments to the current Agenda template in terms of public comments. (EXHIBIT B.) It is recommended that public input on the Consent Agenda be heard under general Public Comment. In this way, the Consent Agenda may be called, and if no items are pulled, adopted in one motion. Additionally, staff proposes to make the Agenda more user -friendly by including only those items brought forward for Council action.

Staff recommends changes to the Rules and Procedures, Paragraph 8 a), to separate Council and Staff Announcements from Public Comment . Subsection b) modifications reflect the new numbering, and update the Rules with gender -neutral language. Proposed additions are set forth in italicized font; deletions are noted in strikeout font:

8. Order of Business and Consideration and Sequence of Agenda Items.

a) The business of the City Council shall be taken up for consideration and disposition in the following order:

1. Call to Order 5:00p.m. (if there is to be a Closed Session)

2. Roll Call and Establishment of Quorum

3. Public Comments

4. Closed Session (if any)
Open Regular Session (6:30 p.m.) - Report Any Action taken in Closed Session

5. Moment of Silence & Pledge of Allegiance

6. Special Presentations - no action; no public comment

7. Special Council and Staff Announcements and Communications from the Floor

8. Public Comment – Up to a maximum of 3 minutes per person

9. Consent Agenda for Successor Agency (If any)

10. Consent Agenda

11. Public Hearings

12. Other Council Action Items of the Successor Agency

13. Other Action Items:

14. Council & Staff Informational Reports – no action taken, no public comment

15. Adjournment
2 69
b) The Mayor, at their his/her discretion and subject to majority vote overruling them him/her, may re-arrange agenda items, provided that any items ‘pulled’ from Item 98, ‘Consent Agenda’ shall be considered following the last item of ltem 1110, “Other Council Action Items.”

Paragraph 27 a) of the Rules and Procedures, entitled “Manner of Addressing Council,” sets forth the allotted time for public comments. Proposed modifications consider that members of the public cannot be required to provide their names or other information as prerequisite to speaking, and that the Council has the ability to limit public comment where necessary for meeting efficiency.

Proposed additions are shown in italicized font; deletions are in strikeout font:

27. Addressing the Council

a) Manner of Addressing Council. Each person desiring to address the Council shall step up to the speaker’s rostrum, state his name and address for the record, state the subject he wishes to discuss, state whom he is representing if he represents an organizat ion or other persons, and, unless further time is otherwise specifically provided for in these rules or is granted by majority vote of the Council, shall limit his remarks may comment for up to four three (43) minutes. All remarks shall be addressed to the Council as a whole and not to any member thereof. No question shall be asked a Council Member or a member of the City staff without the permission of the Presiding Officer.